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25 February 2020

Kenya Government Gazette dated 2020-02-25 number 38

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                                      Published by Authority of the Republic of Kenya
                                                    (Registered as a Newspaper at the G.P.O.)

Vol. CXXII—No. 38                               NAIROBI, 25th February, 2020                                                     Price Sh. 60

GAZETTE NOTICE NO. 1609                                                     levels, being the National Level and the County Level (collectively the
                                                                            “Government of the Republic of Kenya”);
                                                                                WHEREAS, the Principles of Executive Authority set out under
                                                                            Article 129 of the Constitution require that Executive Authority at
                           (No. 2 of 2012)                                  both levels of Government be exercised in a manner that serves the
                                                                            best interest, well-being and aspirations of the People of Kenya;
                      TRANSFER OF FUNCTIONS
                                                                                WHEREAS, the Principal Object of Devolution is set-out under
   IT IS notified for the general information of the public that            Article 174 of the Constitution as being: “to promote democratic and
pursuant to Article 187 of the Constitution as read with section 26 of      accountable exercise of power, to foster national unity by recognizing
the Intergovernmental Relations Act, 2012, Nairobi City County              diversity and to give powers of self-governance to the people and
Government has transferred certain functions to the National                enhance the participation of the people in exercise of the powers of the
Government vide the Agreement set out in the Schedule.                      state and in making decisions affecting them”;
                            SCHEDULE                                            WHEREAS, Article 189 of the Constitution, sets out the structure
                                                                            for co-operation between the National and County Governments; with
                 THE NATIONAL GOVERNMENT                                    Government at either level being required to perform its functions and
                            (THROUGH)                                       exercise its powers in a manner that respects the functional and
                                                                            institutional integrity of the Government at the other level, and
      THE MINISTRY OF DEVOLUTION AND THE ASALs                              respects the constitutional status and institutions of Government at the
                                                                            other level;
                                                                               WHEREAS, it is the shared aspiration of all Kenyans for their
         THE NAIROBI CITY COUNTY GOVERNMENT                                 Government to operate in an effective, transparent and accountable
  DEED OF TRANSFER OF FUNCTIONS FROM THE NAIROBI                            manner with respect to the delivery of public goods and services;
     CITY COUNTY GOVERNMENT TO THE NATIONAL                                     WHEREAS, it is the solemn duty of the Government to guarantee
                   GOVERNMENT                                               reasonable access to all public goods and services in all counties and in
   THIS Deed of Transfer is made on this 25th day of February two           every part of the Republic;
thousand and twenty.                                                            WHEREAS, Article 186 of the Constitution, as read with the
BY AND BETWEEN                                                              Fourth Schedule of the Constitution, sets out functions of County
                                                                            Governments to include: County Health Services, Control of Air
   (a) The National Government of the Republic of Kenya, through            Pollution, Control of Noise Population, Prevention of Public Nuisance,
       the Ministry of Devolution and the ASALs (“the National              Regulation of Public Entertainment, County Transport, Trade
       Government”) on the first part; and,                                 Development, County Planning and Development, Pre-primary
                                                                            Education, Village Polytechnics, Firefighting Services, and Disaster
   (b) The Nairobi City County Government, (“the County                     Management and Control of Drugs;
       Government”) whose registered office is at City Hall, off City
       Hall Way, Nairobi on the other part.                                    WHEREAS, Nairobi City is the seat of the Government of Kenya
                                                                            and the Nation’s Capital City;
(Each a “Party” and together the “Parties”)
                                                                               WHEREAS, Nairobi City is also the largest commercial hub in
RECITALS AND DECLARATION OF COMMON INTENT                                   East and Central Africa, and home to over 4 million persons;
   WHEREAS, the Constitution of Kenya, 2010 established a                        WHEREAS, the Nairobi City County Government seeks to foster
devolved structure of Governance with a service-centric approach, in        its effectiveness in the delivery of the public good; and is considering
which the sovereign power of the people of Kenya is exercised at two        mechanisms of embedding operational enhancements that would


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