Team Nairobi Broad-Based Members of Parliament during a presser /HANDOUT

Some Nairobi MPs have accused critics of spreading “misleading and inaccurate” claims about the newly signed cooperation agreement between the national government and Nairobi County.

The team, Nairobi Broad-Based Members of Parliament, defended the February 17 agreement, saying it is being wrongly portrayed as a takeover of county functions.

“This is not a transfer of functions,” the MPs said. “The Agreement does not invoke Article 187 of the Constitution and does not transfer any constitutional mandate from the Nairobi City county government to the national government.”

The legislators – Esther Passaris (Nairobi), Peter Orero (Kibra), Antony Oluoch (Mathare), Felix Jalang’o (Lang’ata), Tabitha Mutinda (Nominated), Karen Nyamu (Nominated) and TJ Kajwang (Ruaraka),  said attempts to equate the deal with past arrangements that involved the handover of key county functions are “inaccurate and misleading.”

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The agreement, signed pursuant to Article 189 of the Constitution and Section 6 of the Urban Areas and Cities Act, establishes a structured framework for cooperation between the two levels of government in managing the capital city.

“Nairobi is not only a county government under Article 176 of the Constitution; it is the Capital City of the Republic of Kenya,” the MPs said.

“Effective governance of the Capital City requires structured cooperation between the two levels of government.”

The lawmakers said the county government retains its full constitutional authority and that the framework is strictly anchored on intergovernmental cooperation — not a transfer of power.

They argued that public debate has drifted into “abstract constitutional debates” instead of focusing on service delivery.

“The focus is service delivery, not politics,” the statement reads.

According to the MPs, the agreement targets critical sectors affecting residents across all 17 sub-counties, including solid waste management, roads and urban mobility, street lighting, markets and MSME infrastructure, housing-related infrastructure, water and sanitation, and environmental rehabilitation.

“These are everyday realities affecting families, traders, commuters and businesses,” they said.

On concerns about public funds, the MPs maintained that all financing under the framework will remain subject to the Public Finance Management Act, parliamentary oversight, audit by the Auditor-General and public participation requirements.

“Transparency and accountability are not optional; they are mandatory,” they said.

The legislators said they would back the implementation of the agreement but pledged to keep watch.

“As Members of Parliament, we will support what works, question what must be clarified and ensure that implementation delivers measurable outcomes,” they said.

According to the legislators, the agreement prioritises service delivery in key sectors affecting residents across all 17 sub-counties. These include solid waste management, roads and urban mobility, street lighting, markets and MSME infrastructure, housing-related infrastructure, water and sanitation services, and environmental rehabilitation.

“The focus is service delivery, not politics. These are everyday realities affecting families, traders, commuters, and businesses across Nairobi,” they said.

They urged leaders to avoid what they termed partisan posturing and constitutional mischaracterisation that could stall development in the capital.

“Development of the Capital City should not be stalled by partisan posturing or constitutional mischaracterisation,” the MPs said. “Capital cities across the world operate through structured collaboration between national and city administrations.”

They concluded by reiterating their position: “Uphold the Constitution. Strengthen devolution. Accelerate development. Protect public resources. Deliver for the people of Nairobi.”