Nairobi Governor Johnson Sakaja has ceded key functions to the national government, reminiscent of the time when then Governor Mike Sonko was pressured by President Uhuru Kenyatta into signing off on key responsibilities as part of the Nairobi Metropolitan Services (NMS).
According to the governor, the intention is to improve service delivery to the city's millions of residents, given Nairobi's status as the capital city and a hub for several international organisations, such as the United Nations.
To observers, this is an admission of failure on the part of the county chief, which will likely delight his opponents.
The headquarters of the Nairobi City County Government offices on City Hall Way.
Photo credit: Lucy Wanjiru | Nation Media Group
This follows months of waiting for the partnership to be finalised, which has been in the pipeline since last year, during the governor's impeachment attempt.
However, Governor Sakaja has reiterated that this partnership should not be compared with the process that led to the establishment of the now-defunct NMS.
“This is what happens on normal partnership on mutual issues for the capital,” the governor said.
The Chief Officer in charge of Governor Sakaja’s office, Priscilla Mahinda, dismissed the the allegations that the governor had ceded the functions, saying that it was pure propaganda.
“Those are not mere rumour butpure lies,” Ms Mahinda said.
However, some of the top leaders at the County Assembly have confirmed that the fate had been sealed, stating that the governor did allow the national government to assist him in certain areas.
“Very true,” one of the top leaders said.
ODM Secretary General Edwin Sifuna speaks during celebrations marking what would have been the 81st birthday of former Prime Minister the late Raila Odinga at his home in Karen, Nairobi, on January 7, 2025.
Photo credit: Bonface Bogita | Nation Media Group
"Constitutionally there has to be a deed of transfer of functions. It has to be approved by the county assembly. I have seen neither," he posted on X.
However, the governor is expected to address the issue in full on today, February 11, when he delivers a speech to the County Assembly on the state of the city.
According to the recent remarks by President William Ruto, his administration had reached an agreement with Governor Sakaja to be allowed to handle the waste management in the city, which has been one of the areas that the governor has been accused of failing to address,
The President also mentioned on Sunday, February 8, during the church service at AIC Pipeline that the government will take care of the city's roads and street lighting.
“We must make Nairobi more accessible and we have agreed with the governor on how we are going to do it. On water, we have completed the Northern Collector Tunnel and we now have an extra 140 million liters,” President said, adding that water was becoming an expensive commodity for the people of Nairobi in informal areas.
This developing areas of partnership comes after months of waiting for the agreement that appeared to have been delayed by the death of the late Prime Minister Raila Odinga.
Some Members of the County Assembly had alleged that the deal with the national government was one of the reasons why the President and the late ODM leader saved the governor from impeachment.
For almost two years, teams associated with national government agencies have been resurfacing roads, laying cabro blocks and collecting rubbish across Nairobi, despite Governor Johnson Sakaja's insistence that City Hall has not relinquished any of its devolved functions.
The governor has described this collaboration as a 'partnership', arguing that working with the national government has improved service delivery in a city long plagued by blocked drains, crumbling roads and unreliable waste collection. However, the scale and visibility of the national government’s involvement, including the National Youth Service's participation in waste collection and road works, has raised constitutional questions.
According to Article 187 of the Constitution, a county can only transfer a function to the national government through a formal agreement that proves the service would be performed more effectively at the national level. The law requires a documented process, consultation through intergovernmental mechanisms and the transfer of corresponding resources, such as budgets and staff.
When asked about the details of the arrangement, Mr Sakaja dismissed claims of a transfer, maintaining that the collaboration falls squarely within cooperative governance.
“We are just partnering on critical services in the city. When I was a senator I clearly made it clear that I would not allow any ceding of functions to the national government. I have maintained that,” he said.
He added that a recent meeting with the Head of State brought together various government departments to align service delivery efforts.
“On Tuesday we held a meeting with the Head of State and it is a regular meeting where all the government departments are there. We were agreeing on how we can partner in the provision of those three services but I am surprised when people say that we have ceded functions. It is false,” Mr. Sakaja told the Daily Nation.
During a rally on Sunday, President William Ruto signaled a more direct national role in the capital’s affairs.
“I will come here and ensure work is done on cleaning the city, affordable housing, and building roads… should we leave it to others, or shall we act?” he said.
Under the emerging framework, the national government is expected to oversee essential services including waste management, road construction and maintenance, affordable housing projects and aspects of water collection and distribution functions that, under the Fourth Schedule of the Constitution, largely fall within county jurisdiction.
