Katiba Institute, Sifuna question Sakaja-State House deal

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A State House media invitation for a Tuesday evening signing ceremony has sparked fresh questions over a reported agreement between Nairobi City County and the national government touching on key county services.

The invite, circulated to newsrooms, indicates that Governor Johnson Sakaja will attend an event at State House described as a signing ceremony.

However, details of the agreement have not been made public.

The development has prompted Katiba Institute and Nairobi Senator Edwin Sifuna to demand clarity on whether the county is transferring or sharing constitutional functions with the national government.

Katiba Institute, a civil society organisation focused on constitutional governance, has formally written to the Acting County Secretary seeking full disclosure of any “partnership” or “collaboration” involving services such as garbage collection, roads, sewerage, water distribution and street lighting.

“In the past week, there have been media reports on the existence of a ‘partnership’ or ‘collaboration’ between the national government and Nairobi City County in the performance of specific county functions,” wrote Executive Director Nora Mbagathi in a letter dated February 16, 2026.

The organisation is seeking confirmation on whether such an agreement exists, when it commenced or is expected to commence, its legal basis, financing structure, and whether the Nairobi County Assembly has been involved.

It has also requested copies of any signed or draft agreements.

Katiba Institute further wants clarification on how the arrangement differs from a formal transfer of functions under Article 187 of the Constitution, which sets conditions for shifting responsibilities between the two levels of government.

Nairobi Senator Edwin Sifuna said he was surprised by the State House ceremony, noting that the governor had previously assured leaders that no transfer of functions was planned.

“The Governor of Nairobi assured us he wasn’t transferring any functions to the National Government. I'm surprised to see a scheduled ‘signing ceremony’ at State House this afternoon,” Sifuna said.

He warned that any move seen as weakening devolution would be opposed.

“Any unconstitutional clawback to devolution shall be strenuously resisted,” he added, urging that Nairobi residents and their elected leaders be properly involved before major decisions are made.

The situation has drawn comparisons to 2020, when former Governor Mike Sonko signed an agreement transferring several key county functions — including health and transport — to the national government.

That decision led to the formation of the Nairobi Metropolitan Services (NMS), which temporarily took over major operations at City Hall.

Supporters of the Sonko deal said it improved service delivery at the time. Critics argued it weakened devolution and reduced local oversight.

Governor Sakaja has previously described collaboration with the national government as “inevitable,” but has publicly maintained that he is not transferring county functions.

With the State House ceremony now scheduled, attention is focused on whether the agreement represents ordinary cooperation between governments — which is permitted — or a significant shift of county powers requiring constitutional safeguards such as public participation and County Assembly approval.

Katiba Institute has given the county 21 days to respond under the Access to Information Act.

Until the terms of the agreement are made public, the planned signing has reignited debate over the control of Nairobi’s core services.