EXPLAINER: What the Sakaja-National Government deal entails

Nairobi Governor Johnson Sakaja with President William Ruto in Pipeline, Embakasi, on February 8, 2026. /HANDOUT

“Fake news. No functions or roles ceded,” Sakaja said in a response to a post on X (formerly twitter) while tagging Senator Edwin Sifuna.

The Nairobi City County Government (NCCG) boss, however, has explained that his administration has a cooperation pact that was agreed upon in a meeting with President Wiliam Ruto.   

What’s the deal? How different is it from the defunct Nairobi Metropolitan Services (NMS)?”

The deal is premised on the Urban Areas and Cities Act, which provides for cooperation between the National and county governments.

Section 6 of the Act provides that the two levels of government shall enter into an agreement regarding the performance of functions and delivery of services by the capital city.

An agreement entered into under may provide for the administrative structure of the capital city, funding of operations and activities of the capital city, the joint projects to be undertaken by both governments in the capital city, dispute resolution mechanisms, and such other information as the two levels of government may determine.

Various laws touching on devolved functions place the responsibility of policy on the National Government and implementation on county governments, with the National Government tasked to capacity-build counties.

Under NMS, Nairobi City County transferred four of its devolved functions to the National Government. The transfer of functions is guided by the County Governments Act, unlike the agreement, which is provided for under the Urban Areas and Cities Act. 

This transfer period ended with the previous administration. In the Sakaja administration, the National Government has transferred its school-feeding responsibilities to the Nairobi City County Government.

The new development between GoK and NCCG is a framework for cooperation, not a transfer of functions as was under NMS.

The rationale is that Nairobi is not just one of the 47 counties; it is the capital of Kenya and the seat of government.

It deserves more support than what is accorded under the shareable revenue formula. Nairobi has requested additional support to carry out functions of solid waste management, water source development and supply, as well as roads and lighting.

Under roads, the National Government has agreed to pump in some money, but the implementation will be under its agency, the Kenya Urban Roads Authority (KURA).

The county will still continue to hold the roads’ function and will indeed also be building and maintaining roads within the city.

Under the water arrangement, the National Government will, through its agency Athi Water Works Development Agency, build a new dam in Maragua, embark on Northern Collector II Tunnel and other sources.

Under public lighting, it was agreed that the National Government, under KURA will ensure all new road projects must incorporate public lighting in the contract, meaning the streetlights must be installed as part of the road.

In the meeting between Ruto and Sakaja, it was also agreed that the National government would take over payment of public lighting bills.  Nairobi has 70,000 public lights installed, and pact targets to increase this by an additional 40,000 lights.

It was agreed that the public lighting, roads, and sewerage expansion works initiated by the defunct Nairobi Metropolitan Services and which were being undertaken by China Road and Bridge Company (CRBC) be completed. This will be supervised by the Athi Water Works Development Authority as the contracting agency.

It was also agreed that Kenya Power connects informal settlements that were not on the grid.

In Environment, NCCG has contracted a firm to provide consolidated services, from collection, transportation to recycling.

The company will build material recovery centres within residential areas where solid waste will be aggregated for collection.

The arrangement between GoK and NCCG is for the National Government to offer additional support to the Capital city with the county retaining its role as the contracting authority while the National Government will provide additional funds to pay the contractor. 

There has been no transfer of functions or county employees being placed under the authority of the National Government as it happened under NMS.

Kileleshwa MCA Robert Alai explains that the cooperation argument is provided by law but is different from transfer of functions that has to comply with certain procedures.

For instance, Alai stated that both Attorney General Dorcas Oduor and Nairobi County Attorney Christine Ireri must be involved in drafting the MoU, which has to be signed publicly between a cabinet secretary in charge of devolution and the governor.

“There is not transfer of functions but a partnership with National Government agencies such as KURA to perform development functions such as roads,” Alai says adding that it’s misleading to claim that the County has ceded its roles.