Kiambu Senator Karungo Thangwa has underscored the need for comprehensive legal scrutiny of the cooperation agreement between Nairobi City County and the National Government, saying it must align with constitutional and statutory mandates before further action.
On Thursday, Governor Johnson Sakaja appeared before the Senate Committee on Devolution, where lawmakers questioned the scope and legality of the deal signed in February.
The pact, intended to streamline the delivery of critical services and infrastructure in Kenya’s capital, has drawn mixed reactions from political leaders, legal experts, and civic groups.
Senator Thangwa said the committee was united in its view that the agreement needed to be “relooked” to ensure it fully complies with existing law and follows due constitutional process.
He emphasised that cooperation between levels of government must not erode the fundamental principles of devolution enshrined in the Kenya Constitution.
“Any cooperation framework must be structured to preserve the identity and autonomy of Nairobi County,” Thangwa stated.
This, he said, is essential to uphold the spirit of devolution, which grants counties the constitutional right to manage their affairs within their devolved functions.
Nairobi, as a county government, must retain authority over services defined as its mandate without ceding control to national agencies.
Another cornerstone of the committee’s concern was the role of county assemblies in oversight.
Thangwa stressed that the pact should protect the oversight functions of county assemblies, which serve as the direct representatives of local residents.
Proper legislative scrutiny at the county level ensures accountability and prevents circumvention of locally elected oversight mechanisms.
Thangwa also raised concerns about financial integrity. “Any cooperation agreement must safeguard the integrity of county budgets,” he said, echoing wider debates over the reported KSh80 billion funding package linked to the pact.
The committee emphasised that resources managed under joint frameworks should be subject to transparent budgeting processes, with clear lines of accountability to prevent misuse of public funds.
Finally, the senator underlined the importance of meaningful public participation in shaping intergovernmental agreements.
Public involvement, he noted, reinforces democratic legitimacy and ensures that the interests of residents are factored into decisions that affect their governance and service delivery.
Senator Thangwa concluded that devolution must work within the law and that partnerships between national and county governments should strengthen, not weaken, county governance.