• During President Uhuru Kenyatta’s tenure, Nairobi Governor Mike Sonko invoked Article 187 of the Constitution—the clause that allows functions to shift between national and county governments, provided the receiving government can deliver them more effectively, and the law permits it.
When Kenya ushered in its new Constitution in 2010, it redrew the map of governance. 47 county governments were born under devolution, each entrusted with real power to decentralise authority and drive development to every corner of the Republic.

Before 2010, Kenya’s governance was tightly centralised: first under colonial rule, then through a unitary state that dismantled the short‑lived Majimbo system. Power remained concentrated in Nairobi, leaving local communities excluded, resources unevenly shared, and regions marginalised.

Despite this back-and-forth over the structure of government in Kenya, the 2010 devolution system called for cooperation between county governments and the national government.

Chapter 11 of this Constitution highlights within its Article 189(2) that “Government at each level, and different governments at the county level, shall co-operate in the performance of functions and exercise of powers and, for that purpose, may set up joint committees and joint authorities.”

From this framework, the national government and Nairobi Governor Johnson Sakaja proceeded with the signing of what was termed a cooperation pact on February 17, 2026.

Under the pact, Nairobi County will receive an additional KSh80 billion to boost its routine budget, with the national government stepping in to support key sectors, including security, infrastructure, solid waste management, public lighting, and water and sanitation.

During President Uhuru Kenyatta’s tenure, Nairobi Governor Mike Sonko invoked Article 187 of the Constitution—the clause that allows functions to shift between national and county governments, provided the receiving government can deliver them more effectively, and the law permits it.

Former Governor Mike Sonko ceded core county functions to the national government, which then ran them through the Nairobi Metropolitan Services (NMS). Governor Sakaja, by contrast, has not surrendered powers outright but instead invited the national government to lend a hand in strengthening Nairobi’s key sectors.

In fact, Governor Sakaja stated, “This is not a transfer of function as happened during the NMS time, which was a misadventure that left this city with a 16 billion pending bills hole. It is not a transfer; it is a collaboration.”

As Prime Cabinet Secretary (PCS) Musalia Mudavadi warned at the signing, the pact was bound to spark national debate, and true to his words, it has already drawn condemnation and even been challenged in court.

At the signing ceremony, President Ruto invoked Article 184 of the Constitution—the Urban Cities Clause—stressing that Nairobi, as Kenya’s capital, demands greater attention than other counties.

“The Urban Areas and Cities Act recognises the special status of the capital city of Nairobi and provides the framework for joint collaboration,” President Ruto said.

Even with President Ruto insisting the pact is constitutional, Nairobi Senator Edwin Sifuna has pushed back, faulting the deal for sidelining public participation and questioning the county leadership’s role in the steering committee tasked with its implementation.

"The framers of the Constitution intended devolution to work and thrive for the people, without deliberate regression that would result in the national government purporting to step in to 'rescue' devolved units," Sifuna noted.

Both sides of the pact are invoking the Constitution to defend their stance. For citizens, the real consequence lies in how this tug-of-war shapes service delivery: whether constitutional flexibility brings better governance to their doorsteps, or whether it erodes the very autonomy meant to protect their voices.

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