Katiba Institute Statement on Collaboration Between Nairobi County and National Government

I write on my behalf as a Kenyan citizen, on behalf of Katiba Institute, of which I am the Executive Director, and on behalf of the general public. I make this request under Article 35 of the Constitution and the Access to Information Act Cap. 7M, Laws of Kenya.

In the past week, there have been media reports on the existence of a "partnership" or "collaboration" between the national government and the Nairobi City County in the performance of specific county functions. This is reported to include functions such as garbage collection, road infrastructure, sewerage and waste management, water distribution and street lighting. In the State of the County Address delivered by Governor Johnson Sakaja on 11 February 2026, he mentioned that collaboration with the national government is inevitable.

Information Requested

On the above basis, I kindly request that you furnish us with the following information and documents:

1. A confirmation on whether there exists a partnership or collaboration between Nairobi City County and the national government on the performance of any county functions.

2. A confirmation of the status of the partnership including when it commenced (if it has) or when it is proposed to commence (if it hasn't) as well as the legal or other basis that evidences the partnership, if any.

3. Particulars of the nature and scope of the partnership including the specific functions the partnership is intended to cover and a schedule indicating the assignment of responsibilities between the two levels.

4. A copy of any correspondences and agreements including draft agreements relating to the partnership/collaboration.

5. An explanation as to how the proposed arrangement differs from a transfer of functions mandated under Article 187 of the Constitution.

6. An explanation of the nature of the financing arrangement between the county and the national government with respect to the performance of the functions involved.

7. A confirmation of the extent to which the county assembly has been involved in this matter including copies of any correspondences to and from the Assembly on this.

8. Copies of any other documentation relating to or touching on this partnership/collaboration.

Timing of production

Pursuant to Section 9 of the Access to Information Act, please provide a substantive response, in electronic or paper format, to our application at your earliest convenience, but in no event later than 21 days of the delivery of this letter to you.

Production of redacted or edited information

Should you believe that the information requested may fall under an exception to the presumption of disclosure, please provide edited documents with an explanation as to why any redacted material was exempt. Should you believe that entire documents are exempt from disclosure, please identify the document and explain the basis for non-disclosure.

Yours faithfully,

Nora Mbagathi
Executive Director
Katiba Institute