Nairobi Senator Edwin Sifuna has issued a scathing critique of the newly signed Cooperation Agreement between President William Ruto and Governor Johnson Sakaja. He has labelled the move a constitutional violation and a takeover of the city’s devolved functions.
The deal, which purportedly secures Ksh. 80 billion from the National Government for infrastructure, has come under intense scrutiny. Critics argue that the pact is a bad idea that echoes the controversial era of the Nairobi Metropolitan Services (NMS). That previous arrangement, initiated by former Governor Mike Sonko, resulted in a bureaucratic nightmare that sidelined elected leaders and left the county saddled with a Ksh. 16 billion debt.
In his press statement, Sifuna echoed these concerns, arguing that the agreement undermines the principles of devolution and mirrors the NMS model, which he claims left the county with billions in pending bills and weak accountability.
Senator Sifuna highlighted several legal and procedural concerns regarding the agreement:
- Lack of Public Participation: Sifuna asserts that the agreement was signed without prior consultation or public participation, which he describes as an egregious violation of the Constitution. He noted that the 14-day window for “post-facto” participation is insufficient and suggests the outcome is already predetermined.
- National Government Dominance: The Senator pointed out that the steering committee established to oversee the agreement is “National Government heavy,” with two-thirds of its members being presidential appointees. He remarked that this structure effectively makes Governor Sakaja a subservient deputy to the Prime Cabinet Secretary.
- Constitutional Boundaries: Citing Articles 96 and 186, Sifuna argued that the National Government is overstepping its boundaries. He noted that the Constitution recognizes clear distinctions between national and county roads, yet agencies like KURA and KeRRA continue to hold onto county functions and budgets.
- Financial Obligations: Sifuna claimed the National Government owes the people of Nairobi over Ksh. 100 billion in unpaid rates and other payables, dismissing the President’s recent mention of Ksh. 80 billion as a “rouse.”
In response to President Ruto’s call for alternative ideas, the Senator proposed a four-point plan to achieve development without bypassing the Constitution:
- Immediate Debt Settlement: Direct National Government agencies to clear the over Ksh. 100 billion owed to Nairobi to fund infrastructure and garbage collection.
- Transfer of Functions: Fully transfer all county functions back to the counties, including the dissolution of KURA and KeRRA, as per previous political MOUs.
- Use of Legal Instruments: Utilize existing frameworks like the County Allocation of Revenue Act (CARA) and Conditional Grants to fund specific projects like street lighting and markets.
- Timely Disbursement: Ensure the National Treasury honors the Senate-approved disbursement schedule, transmitting revenue by the 15th of every month.