Senators have raised fresh constitutional concerns over the cooperation agreement signed between the national government and Nairobi City County, setting the stage for renewed scrutiny of the controversial county deal as Parliament moves closer to considering the final report.

In a post on the Senate’s official Facebook account on Monday, June 22, 2026, the Senate Standing Committee on Devolution and Intergovernmental Relations, chaired by Mohamed Abbas, said members had met at Parliament Buildings to finalise the report on the agreement but flagged several legal concerns requiring clarification.

Senators question constitutional compliance

During the session, lawmakers raised concerns under Section 65 of the Urban Areas and Cities Act, particularly questioning whether the agreement adequately protects the executive authority of the governor and respects constitutional provisions governing county autonomy.

The senators also questioned whether the deal met the required threshold for public participation, amid growing concerns that Nairobi residents were not sufficiently consulted before the agreement was formalised.

Committee members argued that constitutional clarity remains necessary before Parliament can approve an arrangement touching on devolved governance structures.

Financial roles under sharp scrutiny

A key concern raised by senators centered on financial commitments within the agreement, with lawmakers demanding absolute clarity on the exact role of the national government and how resources would be shared between the two levels of government.

The committee further announced that senators had resolved to seek more documentation before moving forward with the process.

The committee resolved to formally request the Prime Cabinet Secretary to submit white papers and supporting submissions referenced in the agreement before a final report is tabled for plenary consideration.

“Moving forward, the Senators have resolved to send a formal request to the Prime Cabinet Secretary to submit the referenced white papers and submissions cited in the agreement before tabling the final report on the floor of the House for consideration by the plenary,” the statement said.

Sakaja previously defended agreement

The latest Senate concerns come months after Sakaja strongly defended the February 17 deal signed with President William Ruto, insisting it was fully constitutional.

“I feel that we followed the constitution, 100 per cent. I am convinced,” Sakaja said during an earlier Senate appearance.

The agreement is expected to unlock nearly Ksh80 billion for projects covering roads, waste management, water systems and riverside regeneration, although critics continue warning it could undermine devolution and revive fears of a return to the defunct Nairobi Metropolitan Services model.