Edwin Sifuna has criticised the recently signed cooperation agreement between the Government of Kenya and the Nairobi City County Government.
In a formal statement issued in his capacity as Nairobi Senator and Deputy Minority Whip in the Senate, Sifuna said he was compelled to respond to the events at State House Nairobi, where President William Ruto and Governor Johnson Sakaja signed what was termed a “cooperation agreement.”
Cites Constitutional Mandate of the Senate
Sifuna referenced Article 96 of the Constitution, which mandates the Senate to protect the interests of counties and their governments. He also cited Article 186 of the Constitution and Section 5 of the County Governments Act, noting that they clearly define the roles of the two levels of government.
Additionally, he pointed to the Intergovernmental Relations Act as outlining frameworks for consultation to ensure effective devolution.
According to Sifuna, the framers of the Constitution intended devolution to function independently without deliberate regression that would allow the national government to “rescue” devolved units.
The Nairobi Senator took issue with President Ruto’s justification that the agreement was anchored in the Urban Areas and Cities Act.
Sifuna questioned why the matter was being prioritised less than 18 months before the 2027 General Election, noting that the President has held senior leadership roles since 2013 and should have addressed the issue earlier if it were urgent.
Raises Public Participation Concerns
A major point of contention in Sifuna’s statement was the lack of prior public participation.
He claimed that neither his office nor the public was consulted before the agreement was signed. He further argued that subjecting the agreement to public participation after signing undermines constitutional requirements.
Sifuna noted that the agreement is set to take effect within 14 days, raising doubts about whether meaningful public input could be conducted within such a short period.
He also criticised Clause 6.2 of the agreement, alleging that it anticipates the outcome of public participation by limiting feedback to amendments rather than allowing outright rejection.
Sifuna’s statement adds to growing debate around the Nairobi cooperation pact, with supporters framing it as a long-overdue framework for collaboration and critics warning of potential encroachment on county autonomy.
As discussions continue, the implementation of the agreement is likely to face legal and political scrutiny, particularly regarding constitutional safeguards for devolution.
