Nairobi National–County Cooperation Agreement 2026: What It Means for Devolution, Governance and Service Delivery in Kenya’s Capital

In February 2026, a landmark Cooperation Agreement between the National Government and Nairobi City County Government (NCCG) was executed, quietly, formally, and with immense constitutional weight.

At its core, the agreement promises structured collaboration in transforming Nairobi into a globally competitive capital. But beneath the policy language lies a deeper constitutional conversation about devolution, intergovernmental cooperation, and the future of governance in Kenya’s capital city.

This is not merely an administrative arrangement.
It is a defining test of cooperative governance under the Constitution of Kenya.

The Legal Foundation of the Nairobi Cooperation Agreement

Nairobi City County Government
National Government of Kenya

The agreement is grounded in Kenya’s constitutional and statutory framework, including:

Article 6(2) of the Constitution of Kenya – establishing that national and county governments are distinct yet interdependent and must cooperate.
Article 189(2) – permitting joint committees and intergovernmental collaboration.
Section 6 of the Urban Areas and Cities Act (Cap 275) – providing legal basis for cooperation in managing the Capital City.
Section 23 of the Intergovernmental Relations Act (Cap 265F) – enabling joint committees.
The Public Finance Management Act (Cap 412) and procurement laws.
Compliance with the Data Protection Act (Cap 411C).

Importantly, the agreement expressly states that it does not amount to a transfer of functions.

That clause is not accidental. It is constitutional insurance.

Kenya’s Fourth Schedule clearly delineates national and county functions. Any perceived encroachment would trigger legal and political consequences. This agreement therefore attempts to walk a delicate line: collaboration without constitutional overreach.

Why Nairobi? Why Now?

Nairobi is not an ordinary county.

It is:

The seat of the National Government
Host to diplomatic missions
A global UN hub
The largest contributor to Kenya’s GDP

The agreement frames Nairobi as a city aspiring toward:

First-world standards
Enhanced competitiveness in the Global Cities Index
Clean, secure and efficient urban living

The timing is significant. As urban pressures intensify, traffic congestion, waste management crises, water shortages, governance fragmentation has increasingly become part of the problem.

This agreement seeks to consolidate coordination without dismantling devolution.

Key Areas of Collaboration Under the 2026 Nairobi Agreement

The agreement outlines specific sectors for collaboration. These are not symbolic. They touch the everyday lives of Nairobi residents.

1. Solid Waste Management and Public Health

Refuse collection
Management of dumpsites
Integrated waste systems

For years, waste management has symbolized Nairobi’s governance struggles. Effective intergovernmental coordination here could dramatically improve public health and environmental standards.

2. Roads, Non-Motorized Transport and Street Lighting

Development and maintenance of county roads
Non-motorized transport (NMT) infrastructure
Street lighting for safety and mobility

Urban mobility is both an economic and security issue. Improved coordination between the National Government and Nairobi County may reduce duplication and infrastructure delays.

3. Markets and MSME Infrastructure

Planning and development of markets
Dignified trading spaces
Support for micro, small and medium enterprises

This directly impacts informal traders who sustain Nairobi’s economy. Properly designed markets strengthen revenue collection, urban order and economic inclusion.

4. Housing, Water and Sanitation Services

Housing-related infrastructure
Water provision
Sanitation systems

Water and sanitation are core county functions. Collaboration must therefore respect constitutional boundaries while enhancing service delivery efficiency.

Governance Structure: How the Agreement Will Be Implemented

The agreement establishes a two-tier governance framework:

1. Steering Committee

Chaired by the Prime Cabinet Secretary and including the Governor, Attorney-General, Cabinet Secretaries, and county representatives.

2. Implementation Committee

Chaired by the Governor and comprising Principal Secretaries and County Executive Members.

This structure attempts to ensure balance between national oversight and county autonomy.

However, effectiveness will depend not on composition, but on clarity of roles, transparency, and financial discipline.

Financing and Accountability: The Critical Question

Under the agreement:

Projects must be properly costed.
Funding modalities must be jointly agreed upon.
Funds must follow established budgetary processes.
Oversight and audit must comply with the Public Finance Management Act.

Without transparent financing mechanisms, cooperation risks becoming political symbolism.

Accountability will determine whether this agreement becomes a governance model, or another bureaucratic layer.

Public Participation and Constitutional Legitimacy

The agreement mandates public participation before implementation and for projects undertaken under it.

In Kenya’s constitutional order, public participation is not decorative. It is substantive.

If Nairobi residents meaningfully shape these projects, legitimacy will follow. If participation becomes procedural compliance, skepticism will grow.

Devolution on Trial: Cooperation or Centralization?

The most intriguing dimension of the Nairobi National–County Cooperation Agreement is what it signals about devolution in Kenya.

Kenya’s governance system is not federal, yet it is not unitary in the traditional sense. It is a hybrid model rooted in shared sovereignty and constitutional autonomy.

This agreement tests whether: