A constitutional crisis is brewing in the capital. Nairobi Senator Edwin Sifuna has launched a blistering attack on a proposed KES 80 billion cooperation deal between the National Government and Nairobi County, declaring it a calculated assault on devolution.

The senator’s intervention comes hours before a planned signing ceremony at State House, an event he claims is shrouded in secrecy and illegality. Sifuna asserts that the deal, which purportedly aims to "enhance service delivery," is in reality a backdoor takeover of county functions reminiscent of the controversial Nairobi Metropolitan Services (NMS) era. His ultimatum is clear: shelve the deal or face immediate legal action.

The Constitutional Breach

At the core of Sifuna’s objection is the total bypass of the Nairobi County Assembly. Under the law, any transfer of functions or major financial partnership requires the ratification of the elected assembly and rigorous public participation. Sifuna argues that neither has happened. Instead, the deal has been crafted in the corridors of power, excluding the very representatives elected to oversee the county’s resources.

"We cannot allow the mutilation of devolution at the altar of political expediency," Sifuna declared. He pointed out that Governor Johnson Sakaja had previously assured leaders that no functions would be surrendered. This sudden pivot to a "cooperation agreement" raises serious questions about who is truly pulling the strings at City Hall.

• The Ghost of NMS: Critics fear this is NMS 2.0—a mechanism to strip the Governor of executive power and place the city’s vast KES 80 billion economy under direct presidential control.
• The Legal Threat: Sifuna has threatened to seek conservatory orders from the High Court to halt the signing, citing explicit violations of the Intergovernmental Relations Act.
• The Silence from City Hall: The lack of transparency regarding the specific terms of the agreement has fueled suspicion that the deal may involve the ceding of key revenue streams to the National Government.

A Battle for Control

This confrontation highlights the perpetual tension between the central government and the devolved unit that hosts it. Nairobi is not just a county; it is the seat of power and the engine of the national economy. Control over its planning, transport, and revenue is the ultimate political prize. Sifuna’s resistance is drawing a line in the sand, demanding that the autonomy of the county be respected regardless of the political affiliation of its leadership.

As the clock ticks towards the scheduled signing, the political temperature in the city has reached a boiling point. Whether the deal proceeds or stalls will define the relationship between State House and City Hall for the remainder of this term. Sifuna has fired the warning shot; now the city waits to see if the Governor will sign away his mandate.