NAIROBI, Kenya — Nairobi Senator Edwin Sifuna has raised constitutional concerns ahead of a planned State House signing ceremony Tuesday afternoon that is expected to formalise discussions between Nairobi Governor Johnson Sakaja and President William Ruto over the administration of key city services.
Sifuna’s intervention comes after conflicting reports emerged around whether City Hall is set to transfer core county functions to the national government, a step critics say would undermine devolution and flout the Constitution.
Sakaja had earlier accused powerful figures of pushing for the deal.
Sakaja Denies Transfer — But Questions Remain
This week, Governor Sakaja took to social media to dismiss claims that Nairobi County had ceded any responsibilities to the national government, calling such reports ‘fake news.’
He went ahead and assured Nairobi Members of the County Assembly that he would not transfer functions to the National Government.
He said no deed of transfer had been signed and that the county would retain control over its core mandates.
Despite Sakaja’s denials, political debate intensified after reports suggested discussions with the national government could lead to a shared responsibility formula for services such as garbage collection, public works, roads, and water supply, similar to arrangements seen under the previous Nairobi Metropolitan Services (NMS).
Sakaja has, however, insisted that any collaboration with the national government will remain within constitutional bounds, and that no formal transfer of functions has taken place.
Sifuna: No Transfer Without Legal Process
Senator Sifuna, whose role includes defending devolution, said he was taken by surprise by the planned State House engagement and called on Sakaja to respect constitutional procedures.
“The Governor assured us he wasn’t transferring any functions to the National Government. I’m surprised to see a scheduled signing ceremony at the State House this afternoon,” Sifuna said.
Sifuna warned that any unconstitutional clawback of devolution would be “strenuously resisted.”
The Constitution requires that transfers of functions between levels of government be formalised through a deed of transfer agreed upon by both parties and, in many instances, be approved by the affected county assembly.
Historical Context: NMS and Previous Transfers
The recurring tension over Nairobi’s governance arrangements recalls the 2020 Nairobi Metropolitan Services transfer, when former Governor Mike Sonko and then‑President Uhuru Kenyatta signed a deed transferring several county functions to the national government.
That arrangement was later reversed in 2022 after its term expired and power was restored to City Hall.
