Nairobi Senator Edwin Sifuna has challenged the Ksh.80 billion cooperation agreement between the National Government and Nairobi City County Government, citing legal violations.
In a statement on Wednesday, Senator Sifuna argued that no public participation was conducted before the agreement was signed and that his office was not consulted.
He also questioned the 14-day window for public participation, noting it is a very brief period and shows disrespect to Nairobians.
“The agreement in Clause 6.2 anticipates the outcome of the proposed public participation, limiting it to ‘amendments’ and forgetting that the people in their righteous might have the option of rejecting the whole arrangement in toto,” he said.
The legislator also disputed the committee composition, citing that it is uneven since most of its members are from the national government. Prime Cabinet Secretary Musalia Mudavadi is the chair, and Nairobi Governor Johnson Sakaja is the vice chair.
He reckons that the agreement is a takeover disguised as a development agreement.
“Of the 12 members of the committee, a whopping two-thirds are appointees of the national government. From its structure, the Governor will be subservient to the Prime Cabinet Secretary, making Sakaja the new Deputy Governor for all intents and purposes,” he noted.
Senator Sifuna opined that there are Constitutional and legal ways to channel funds to specific counties in recognition of their unique needs, and the national government should have channelled resources without direct involvement.
He therefore recommended an alternative model for development in Nairobi, including clearing all debts owed by National Government agencies, which exceed Ksh.100 billion, and allowing the County Assembly to reinvest the money in county projects and payment of pending bills.
Sifuna also proposed the immediate transfer of all county functions to counties in accordance with a Memorandum of Association signed between President Ruto and the late Raila Odinga.
The Nairobi Senator wants the Kenya Urban Roads Authority and the Kenya Rural Roads Authority to be dissolved and have all road construction funds channelled to the County Government.
He holds that the two Authorities continue to insist on doing roads in Nairobi “when they clearly need to hand over those roads and the attendant resources to CGN.”
Based on his arguments, he demanded that the agreement be shelved and all legal provisions be utilised, threatening legal action if his request is not met.
“If it is not possible for them to consider this request, we will use all available means, legal and otherwise, to enforce adherence to the constitution. This matter will be on the floor of the Senate very soon,” he said.
The Ksh.80 billion, four times more than what Nairobi received in the current financial year, will be channelled to four critical sectors in the capital.
Ksh.3.7 billion will be used to modernise street lighting, Ksh.1.5 billion to purchase transformers for last-mile connectivity, and a total of Ksh.5 billion for water treatment and supply to the growing population.
Ksh.9 billion has been allocated in the deal for a 27km sewer line in the northern corridor, with Ksh.4 billion set to be used for waste management.