A fresh governance storm is brewing over the apparent transfer of key Nairobi City County functions to the National Government, raising constitutional, legal and political questions about the future of devolution in the capital.
Reports indicate that garbage collection, public works and water services are currently being managed by the National Government.
However, no publicly gazetted Deed of Transfer has been presented, as required under Article 187 of the Constitution of Kenya.
Under the Constitution, transfer of functions between levels of government must be formalized through a written agreement detailing the scope of responsibilities, duration, financing arrangements, asset management, personnel deployment and accountability mechanisms. The process must also uphold public participation under Article 10.
In March 2020, former Nairobi Governor Mike Mbuvi Sonko signed a Deed of Transfer with then Devolution Cabinet Secretary Eugene Wamalwa, leading to the formation of the Nairobi Metropolitan Services (NMS). Four functions—Health, Transport, County Planning and Development, and Public Works—were formally handed over and gazetted.
Although NMS oversaw notable infrastructure improvements, its exit left unresolved bills estimated at Sh16 billion, gaps in asset inventories and unsettled human resource matters. The functions were later reverted to the County Government through a structured process spearheaded by the Intergovernmental Relations Technical Committee (IGRTC), which has since developed a procedural manual to guide lawful transfers.
Governance expert John Burugu says the current situation appears procedurally deficient.
“Transfers of functions are not political favors; they are constitutional processes anchored in Article 187,” said John Burugu.
“Without a gazetted Deed of Transfer clearly outlining financing, accountability and asset management, the arrangement risks legal uncertainty and administrative confusion.”
He questioned whether the County Assembly and Nairobi residents have been adequately consulted.
“Public participation is not optional. Article 10 makes it a binding national value. Nairobi residents deserve to know who is responsible for essential services and under what legal framework,” John Burugu stated.
Burugu further warned that failure to comply with statutory provisions, including those under the Urban Areas and Cities Act, could undermine institutional accountability.
“Nairobi is the capital city of the Republic. Governance decisions made here set precedent for the entire country. Transparency, legality and clarity must guide any transfer of devolved functions,” said John Burugu.
