Senate Committee Seeks More Clarity on Nairobi-National Government Cooperation Agreement

The Senate Standing Committee on Devolution and Intergovernmental Relations has raised constitutional and governance concerns as it moves to finalize its report on the Cooperation Agreement between the National Government and Nairobi City County.

The committee, chaired by Wajir Senator Mohamed Abbas, met at Parliament Buildings to review the agreement before presenting its final report to the Senate.

During deliberations, senators scrutinized key provisions of the pact, particularly those touching on the powers of the Nairobi Governor, public participation requirements, the role of the National Government, and the management of financial contributions under the arrangement.

Members of the committee emphasized the need for greater clarity on the separation of responsibilities between the two levels of government to ensure the agreement complies with constitutional and legal requirements.

The lawmakers also questioned aspects of the agreement under Section 65 of the Urban Areas and Cities Act, citing concerns over executive authority, accountability mechanisms and public involvement in the implementation process.

“The committee raised constitutional concerns regarding the executive authority of the Governor, public participation thresholds, the exact role of the National Government and the need for absolute clarity on financial contributions and the distinction of roles,” the committee noted during the session.

To facilitate a comprehensive review, senators resolved to seek additional documentation from the National Government before concluding their report.

The committee agreed to formally request the Prime Cabinet Secretary to provide the white papers and submissions referenced in the cooperation agreement.

“Moving forward, the senators have resolved to send a formal request to the Prime Cabinet Secretary to submit the referenced white papers and submissions cited in the agreement before tabling the final report before the House,” the committee stated.

The report is expected to guide the Senate’s consideration of the agreement and determine whether it adequately safeguards devolution, transparency and accountability in the management of Nairobi’s affairs.

Once the requested documents are received and reviewed, the committee will finalize its recommendations and present the report to the Senate plenary for debate and consideration.

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