Senators have today voiced strong reservations over the Kshs80 billion cooperation agreement between the National Government and Nairobi City County, questioning if the move marks a return to the controversial Nairobi Metropolitan Services (NMS) era. 

During the session with the Prime Cabinet Secretary Hon. Musalia Mudavadi, the Members of the Devolution Committee raised concerns about the potential erosion of county autonomy. 

Senators specifically challenged the power-sharing structure, questioning why the Prime Cabinet Secretary was taking an oversight role in functions that constitutionally belong to the Governor. 

"Hon. Musalia, now that you have entered an agreement with Nairobi City County, where does that leave the county assembly?," Senator Mohamed Abbas, the Chairperson of the Committee, posed. 

Other committee members pressed for details on how the funds would be audited, expressing fears that the agreement might bypass the legislative oversight of the Senate and the County Assembly.

In his response, Prime Cabinet Secretary Hon. Musalia Mudavadi firmly defended the framework, clarifying that it is not a transfer of functions but a strategic coordination effort allowed under Article 189 of the Constitution and the Intergovernmental Relations Act. 

"The Intergovernmental Relations Act is the anchor to this cooperation agreement. It allows county governments and the national government to cooperate. It is not an alien concept as it were," Hon. Mudavadi told Senators.  

He noted that the 24-month agreement is designed to address Nairobi’s unique status as the nation's capital and a global diplomatic hub, contributing 27.5% of Kenya’s Gross Value Added.

Mudavadi dismissed fears of a power grab, stating that the Cooperation Agreement represents a deliberate and structured effort by both levels of government to strengthen collaboration rather than undermining the authority of the county.

The Prime Cabinet Secretary explained that the National Government’s 80-billion-shilling commitment is necessary to tackle massive urban challenges that current county revenues cannot fully sustain. 

These white paper projects include the installation of 50,000 streetlights, a 54km sewer line, and the expansion of water supply by 50,000 cubic liters. 

Furthermore, the Nairobi Rising program introduces a Sponge City flood resilience masterplan, waste-to-energy projects, and the regeneration of Nairobi’s rivers. 

The plan also envisions a ward-structured Metropolitan Police Service framework to enhance local security and service delivery.

Addressing the Senators' concerns regarding the legislative concerns of the agreement, Hon. Mudavadi emphasized that the agreement is anchored in Section 6 of the Urban Areas and Cities Act, which recognizes Nairobi's special status. 

To ensure accountability, the framework establishes a Joint Steering Committee co-chaired by the Prime Cabinet Secretary and Governor Johnson Sakaja, alongside an Implementation Committee chaired by the Governor. 

Regarding the Kshs14.8 billion in pending bills inherited from the NMS, Mudavadi detailed a Treasury-led plan involving a dedicated team led by the former Auditor General to settle debts via budgetary provisions and government bonds.

In his closing remarks to the committee, Mudavadi defended the partnership as essential for the capital's success, asserting that a functional, world-class capital is a national and regional imperative rather than a county luxury. 

He maintained that this is cooperative governance in the true national interest and reaffirmed his personal commitment to the principles of devolution. 

By centering the strategy on coordination rather than a transfer of power, the government aims to deliver critical infrastructure while maintaining the constitutional integrity of the Nairobi City County government.