ANNET NERIMA
Africa-Press – Kenya. In February 2020, then Nairobi Governor Mike Sonko signed a deed of transfer with former President Uhuru Kenyatta, ceding four key city functions to the national government and enabling the creation of the Nairobi Metropolitan Services.
The arrangement centralised control over roads, health, transport and public works. On September 30, 2022, NMS returned these functions to Nairobi county via a deed signed by General Mohamed Badi and Governor Johnson Sakaja, ending the 24-month mandate.
Four years later, on February 17, 2026, Sakaja surprised Kenyans by signing a new pact with President William Ruto. The agreement expanded national oversight of roads, water and sewerage, solid waste management, housing and security, backed by Sh80 billion. The move reignited debate over devolution, constitutional limits and political accountability.
The pact, set to take effect on March 10, has since been suspended after the High Court certified as urgent a petition by two Nairobi residents and scheduled a mention for March 16.
Petitioners cite insufficient public participation, unresolved NMS-era bills, and potential oversight gaps involving the county assembly, Senate and Auditor General.
Proponents argue that cooperation and transfer of county functions are legally sanctioned under Articles 6 and 189 of the constitution.
Opponents, however, point to the Sonko-Uhuru precedent, warning that unresolved NMS-era bills erode trust in the new arrangement. Both sides raise valid points. But one may ask, what is the purpose and limit of devolution?
Devolution is a cornerstone of the Constitution of Kenya, designed to transform governance by bringing power, resources and decision-making closer to the people, breaking decades of centralised control and marginalising communities.
Nairobi was placed under county authority despite its status as the capital. Residents elect a governor to oversee services and retain the constitutional right to hold that office accountable at the ballot box, a mechanism that ensures clear responsibility when service delivery fails.
Economic and structural realities further complicate Nairobi’s governance. Discussions on revenue allocation led by the Commission on Revenue Allocation emphasise its unique status as Kenya’s capital, high population density and substantial contribution to the national GDP.
For the 2026-27 financial year, Nairobi is slated to receive approximately Sh23.7 billion, the largest share among counties. But the city faces the challenge of servicing over 4.39 million residents with intensive 24-hour services, hosting national government and diplomatic offices exempt from local rates and generating roughly 27.5 per cent of Kenya’s GDP. These factors make Nairobi uniquely vulnerable and nationally critical.
Nobel laureate Elinor Ostrom, whose work transformed the understanding of governance systems, warned against over-centralisation. She found that institutions function best when authority is placed as close as possible to the people affected. Central control, she argued, often undermines local responsibility and initiative rather than strengthening it.
Nairobi’s dilemma mirrors this insight. It is constitutionally devolved yet repeatedly subjected to national administrative control, creating a hybrid system that risks levels of government.
The solution lies not in transferring functions but in strengthening county governance, with the national government providing oversight, technical assistance and enforcement of accountability without assuming core responsibilities.
With one year until the 2027 general election, Nairobi faces a Sh51 billion shortfall against the projected revenue of Sh63 billion, adding urgency to county governance decisions.
However, it should not be lost that every transfer of power and every new pact tests whether the city belongs to its citizens or to the political class. We must ensure that, amid this, devolution is protected, as it puts citizens at the centre; if it fails, the cost is severe.
Programme Manager for Political Accountability in State Institutions at the Kenya Human Rights Commission
Source: The Star
