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Nairobi MCAs have begun public hearings on the Sh80 billion cooperation agreement between the national government and City Hall.

The move comes as sharp divisions emerge over its legality, timing, and implications for devolution.

The deal, signed last week by President William Ruto and Governor Johnson Sakaja, seeks to unlock joint implementation of major infrastructure projects in the capital.

The agreement covers water, sewerage, roads, housing, transport, street lighting, and solid waste management.

Supporters say the pact will fast-track projects and services and inject much-needed funding into the city. Critics warn it risks undermining county autonomy and sidestepping constitutional requirements on public participation.

At the heart of the dispute is whether public participation should have been conducted before or after the signing of the agreement. Also in question is which institution will exercise oversight over the billions of shillings to be spent on devolved functions.

On Friday, the assembly approved the formation of a 21-member ad hoc committee to scrutinise the 13-page document and conduct public hearings across the city within 11 days.

The committee, chaired by Speaker Ken Ng’ondi, is expected to clarify the assembly’s oversight role, interrogate the legal framework of the agreement, and assess its implications for the 2026–27 budget-making process.

Under the pact, MCAs are required to conduct public participation within 14 days of signing before the deal comes into force.

The document also states that the assembly will retain oversight over the funds, even as implementation is coordinated through intergovernmental structures.

An intergovernmental committee, chaired by Prime Cabinet Secretary Musalia Mudavadi and deputised by Sakaja, will oversee the rollout of the programme.

A separate implementation committee, chaired by the governor, will bring together principal secretaries, county executives and chief officers.

Majority leader Peter Imwatok urged MCAs to back the process, arguing that the agreement would accelerate service delivery.

“This is the best thing for our city to fast-track development. I witnessed the signing and I urge members to understand it so we can work together,” he said.

Minority leader Anthony Kiragu echoed the sentiment, saying the additional Sh80 billion could transform Nairobi if properly utilised.

However, the hearings have opened amid mounting legal and political questions.

Nairobi Senator Edwin Sifuna has criticised the process, arguing that the agreement acknowledges that no public participation was conducted before signing.

“The so-called cooperation agreement admits there was no public participation — a violation of the constitution too egregious to ignore,” he said.

Constitutional lawyers and legislators have weighed in.

Advocate Paul Aol told the Star that while public participation is a constitutional requirement, cooperation between the two levels of government is already provided for and may not necessarily require direct engagement with the public at the initial stage.

He cited the precedent of the Nairobi Metropolitan Services (NMS), where participation was largely limited to elected representatives.

“The baseline is public interest. Nairobians need services. If the national government is providing resources to deliver those services, it would be difficult for a court to fault the arrangement,” he said.

Mathare MP Antony Oluoch and Ruaraka MP TJ Kajwang’, both constitutional lawyers, argued that the constitution must be read holistically.

They pointed to provisions requiring cooperation between national and county governments, saying the framework used by Ruto and Sakaja is already anchored in law.

“This is not a handover of functions; it is cooperation. The constitution uses mandatory language that the two levels of government shall cooperate,” Oluoch said.

Kajwang’ added that public participation should not be treated as a ritualistic box-ticking exercise but assessed based on reasonableness and context.

“To the extent that Nairobi’s leadership has been involved and consultations undertaken within relevant sectors, the threshold can be said to have been met,” he said.

Lawyer Willis Otieno said the agreement raises fundamental constitutional questions about the steady transfer of county functions to the national government.

“If devolution responsibilities are being recentralised, would it not be more honest to formally restructure the system rather than maintain a symbolic county authority?” he posed.

However, both Ruto and Sakaja have dismissed claims that functions have been transferred, insisting that the two levels are only cooperating.

Governor Sakaja said Nairobi’s current financing model is inadequate for a city of more than four million people and that the partnership will unlock funding and speed up stalled projects.

A significant portion of the investment will go to water and sewerage.

The national government plans to spend Sh2.1 billion to upgrade the Ng’ethu treatment plant, which currently loses about 50,000 cubic metres of water daily, and Sh3 billion on the Gigiri–Shauri Moyo evacuation corridor to stabilise supply.

Additional funding is being mobilised for the Maragua IV and Northern Collector II projects to secure long-term water availability for Nairobi and neighbouring counties.

Under the Nairobi River Regeneration Programme, Sh9 billion has been earmarked for two 27-kilometre trunk sewer lines along the river corridor, alongside a new Sh6 billion treatment plant with a capacity of 60,000 cubic metres per day, expected to serve the city for at least 40 years.

Another Sh3 billion will go towards last-mile sewer connections, with Sh15 billion set aside for long-term expansion.

On roads and bridges, Sh8.7 billion has been allocated, including Sh2 billion to complete Phase One Kenya Urban Roads Authority projects and Sh1.7 billion for a 59-kilometre road package starting in April 2026.

A further Sh5 billion is planned for Phase Three later in the financial year.

The programme also includes a Sh5 billion ward-based mobility and safety initiative, supplemented by Sh3.7 billion from the county and Sh1 billion for drainage works to address perennial flooding.

Street lighting will be expanded through completion of 10,000 existing units and installation of 40,000 new ones, many powered by solar energy to cut electricity costs and improve security.

As public hearings begin, MCAs face the delicate task of balancing urgent service delivery needs with constitutional safeguards on devolution, public participation and oversight.

The outcome will determine not only whether the agreement proceeds but also set a precedent for how intergovernmental cooperation on devolved functions is structured in future.

INSTANT ANALYSIS

Nairobi MCAs have launched public hearings on the Sh80 billion cooperation deal between President William Ruto and Governor Johnson Sakaja amid legal and political disputes over public participation and oversight. Supporters argue the pact will fast-track infrastructure projects and unlock funding, while critics warn it could weaken devolution and blur accountability, recalling the Nairobi Metropolitan Services precedent. The process tests constitutional thresholds on intergovernmental cooperation, public involvement and Assembly oversight. The MCAs’ findings are likely to shape future national–county partnerships and determine whether promised service gains outweigh governance risks.