GAZETTE NOTICE NO. 2303

PURSUANT TO SECTION 6 OF THE URBAN AREAS AND CITIES ACT, CAP. 275, FEBRUARY, 2026 THIS CO-OPERATION AGREEMENT hereinafter referred to as “Agreement” made BETWEEN The National Government acting through the Prime Cabinet Secretary And Cabinet Secretary For Foreign And Diaspora Affairs, having its registered office at Office of the Prime Cabinet Secretary, Kenya Railways, Off Haile Selassie Avenue, P.O. Box 62345–00200, Nairobi in the Republic of Kenya, (which expression shall include its successors and permitted assigns); AND THE NAIROBI CITY COUNTY GOVERNMENT acting through the Governor having its registered office at City Hall Way, City Hall Building, P. O. Box 30075-00100, Nairobi, (hereinafter referred to as “Nairobi County” which expression shall include its successors and permitted assigns) RECITALS AND DECLARATIONS OF COMMON INTENT WHEREAS The National Government, through its various Ministries, Departments and Agencies is mandated to formulate, implement, and oversee policies and initiatives across a broad range of sectors vital to Kenya's development. These Ministries include key actors in infrastructure, education, foreign relations, water management, public safety, and economic development, each operating under a constitutional and statutory framework to serve the nations strategic interests; WHEREAS Article 132 of the Constitution of Kenya vests executive authority the President of the Republic of Kenya as the Head of State and Government, including the authority to direct, coordinate and supervise the functions of Ministries and Government Departments, and in furtherance of this mandate the President issued Executive Order No. 1 of 2025, Organization of the Government of the Republic of Kenya, to provide for the organization and effective coordination of the National Executive; PURSUANT to Executive Order, the Prime Cabinet Secretary is mandated to assist the President and the Deputy President in the coordination and supervision of Ministries and Government Departments; WHEREAS Nairobi City County Government is established as a County Government under Article 176 of the Constitution. In addition, it also doubles as the capital city of Kenya which hosts the seat of the National Government and offices of diplomatic missions. RECOGNIZING that Nairobi City County is the Capital City of Kenya and is mandated to provide infrastructure necessary to sustain the seat of the national Government, offices of Diplomatic missions, efficient transport network connecting to rural areas, towns and other local, regional and international cities and commerce and industry. RECOGNIZING Nairobi City’s growing stature within the community of nations as a key diplomatic and international hub, the City has experienced a significant expansion of international offices, placing Nairobi alongside New York, Geneva, and Vienna as one of only four cities globally hosting multiple United Nations headquarters; WHEREAS Nairobi City and the Greater Nairobi Metropolitan Area collectively contributes significantly to the national gross domestic product and continue to serve as the principal driver of Kenya’s economic growth, with a shared aspiration to further consolidate their role in national and global affairs, enhance competitiveness within the Global Cities Index, and progressively attain first-world city standards; WHEREAS Article 6 (2) of the Constitution of Kenya provides that governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations based on consultation and cooperation. WHEREAS Article 186 of the Constitution recognizes the respective functions and powers of the national government and county governments. Article 189 (2) of the Constitution provides that Government at each level, and different governments at the county level, shall co-operate in the performance of functions and exercise of powers and, for that purpose, may set up joint committees and joint authorities. WHEREAS section 6 (5) of the Urban Areas and Cities Act, Cap. 275 provides the legal basis for intergovernmental cooperation and partnerships between the two levels of government for the purpose of enhancing the performance of functions and the delivery of services within the Capital City. The parties share the common goal and objectives to collaborate with a view of promoting social and economic development within the jurisdiction of the Capital City; WHEREAS section 23 (a) of the Inter-Governmental Relations Act, Cap. 265F provides that the National or a County Government may establish a joint Committee with a specific mandate where such a Committee is necessary for the achievement of the objects and principles of Devolution provided for in Article 174 and 175 of the Constitution. RECOGNIZING that this Agreement does not constitute a transfer of functions to any level of Government. NOW THEREFORE having considered the above, the parties agree to work in collaboration and interdependently toward achieving the objectives of this Agreement as follows: 710 710 1. CLAUSE I Definitions and Interpretation 1.1 The following expressions (save where the context requires otherwise), bear the following meanings: 1.1.1 “Agreement” means this Cooperation Agreement and any schedules, annexures, or appendices attached hereto. 1.1.2 “County Government” means the Nairobi City County Government established under Article 176 as read together with Article 6 (1) and the First Schedule of the Constitution. 1.1.3 “Effective Date” means the date on which this Agreement comes into force as provided under Article 8 of this Agreement; 1.1.4 “Financial Resources” means the budgetary allocations, grants, revenues, or any other monetary resources necessary for the performance of this Agreement; 1.1.5 “Function” means any power or duty assigned to a level of government under the Fourth Schedule to the Constitution or any legislation enacted pursuant thereto; 1.1.6 “National Government” means the National Executive as established under Article 130 of the Constitution; 1.1.7 References to Clauses are (unless the context otherwise requires) to a Clause respectively of this Agreement. 1.1.8 Words importing the singular meaning where the context so admits include the plural meaning and vice versa; and 1.1.9 The Clause and paragraph headings are for reference purposes only and shall not affect the interpretation of this Agreement. 2. CLAUSE II Purpose 2.1 THE PARTIES TO THIS Agreement share a common interest in fostering bilateral co-operation and collaboration to give effect to Section 6 (3) of the Urban Areas and Cities Act, Cap. 275 by positioning Nairobi as a globally competitive capital, ensuring the city provides the infrastructure and environment necessary to sustain: (i) the Seat of the National Government; (ii) Offices of Diplomatic Missions; (iii) an efficient transport network connecting the Capital to the rural areas, towns and other local, regional and international cities; (iv) commerce and industry; (v) high quality service delivery in support of national aspirations to achieve first world status in a generation; (vi) high standard of living for all residents of Nairobi in a clean and secure environment; and (vii) a structured framework for collaboration between the parties in the planning, financing and implementation of infrastructure and urban development in the Capital City. 3. CLAUSE III Scope and Areas of Collaboration 3.1 The Parties agree that collaboration under this Agreement shall be directed towards strengthening the performance of county functions and improving the quality, efficiency, and sustainability of service delivery within the Capital City, through coordinated planning, resourcing, and implementation support by the National Government and the County Government. 3.2 In furtherance of this objective, the Parties shall collaborate in the following areas: (i) Refuse collection, management of refuse dumps and solid waste disposal to improve public health within the Capital City through enhanced and integrated waste management systems. (ii) Development, maintenance and improvement of County roads, Non-Motorized Transport and street lighting to enhance transport services within the Capital City, with the objective of improving urban mobility, safety, accessibility, and connectivity. (iii) Planning and development of markets in order to promote orderly trade, support micro, small and medium enterprises (MSMEs) advance integrated urban development, and facilitate the provision of dignified trading facilities in response to urban growth while strengthening the capital city’s position as a commercial hub; (iv) Housing related infrastructure and development needs of the Capital City; (v) Provision of water and sanitation services with the objective of enhancing access to safe water, improving sanitation standards, protecting public health, and supporting sustainable urban development within the Capital City; and (vi) Such other areas may be necessary to support the effective performance of county function and delivery of services within the Capital City as the Parties may mutually determine. 3.3 The Parties agree that the scope and areas of collaboration set out in this Clause shall be implemented strictly in accordance with the Constitution, the Urban Areas and Cities Act, Cap 275, the Intergovernmental Relations Act, Cap 265F and all other applicable written laws. 4. CLAUSE IV Roles and Responsibilities of Parties 4.1 Joint responsibilities in Implementation of projects and programs (i) Joint responsibilities in implementation of projects and programsIdentification of projects and activities to be implemented jointly or separately in the Capital City in a manner that is consistent with the Constitution and national laws; (ii) Funding of operations and activities of the Capital city; (iii) Implementation of identified projects and activities; (iv) Monitoring, evaluation and reporting; (v) Sharing and exchange of information; (vi) The Parties will endeavour to act in utmost good faith and dedication in fulfilment of activities; (vii) Entering into agreements with other parties and partners towards the better performance of the objectives of this Agreement subject to the provisions of the Public Finance Management Act, Cap. 412, Public Procurement and Asset Disposal Act, Cap. 412C, Public Private Partnerships Act, Cap. 430 and attendant Regulations and other relevant provisions of the law; and (viii) Taking reasonable steps to mitigate any factors that may negatively affect the successful implementation of this Agreement. 5. CLAUSE V Governance Structure and Committees 5.1 The parties established a Joint Steering Committee to oversee the implementation of the Agreement in accordance with Article 189 (2) of the Constitution as read together with section 6 (6) (a) of the Urban Areas and Cities Act, Cap. 275 and section 23 of the Intergovernmental Relations Act, Cap. 265F. 5.2 The Parties hereby establish a two-tier governance structure for the effective implementation of this Agreement, comprising: (i) a Steering Committee; and (ii) an Implementation Committee. 5.3 The Committees established under clause 5.2 shall operate in a complementary and coordinated manner to give effect to the objectives of this Agreement. 20th February, 2026 THE KENYA GAZETTE 5.4 Steering Committee 5.4.1 The Steering Committee shall oversee the implementation of this Agreement and shall comprise – (i) The Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs who shall be the Chairperson; (ii) The Governor of Nairobi City County who shall be the Vice-Chairperson; (iii) The Attorney-General; (iv) Cabinet Secretaries responsible for: (a) Interior and National Administration. (b) Treasury and Economic Planning. (c) Lands, Public Works, Housing and Urban Development. (d) Environment, Climate change and Forestry. (e) Water, Sanitation and Irrigation; and (f) Energy and Petroleum. (v) The County Attorney; and (vi) Two representatives from the Nairobi City County Government nominated by the Governor. 5.4.2 The Steering Committee may co-opt such other persons as it may consider necessary for the proper discharge of its functions. 5.4.3 The Principal Secretary responsible for Devolution and the County Secretary of Nairobi County shall serve as Joint Secretaries to the Steering Committee and the Implementation Committee. 5.4.4 The Steering Committee shall meet quarterly and may hold such additional meetings as may be necessary for the effective performance of its mandate. 5.5 Implementation Committee 5.5.1 The Implementation Committee shall be responsible for the technical, operational and administrative execution of this Agreement. 5.5.2 The Implementation Committee shall comprise: (i) The Governor of Nairobi City County who shall be the Chairperson; (ii) Principal Secretaries responsible for: (a) the National Security and National Administration; (b) the National Treasury; (c) Housing and Urban Development; (d) Roads; (e) Environment; (f) Water and Sanitation; and (g) Energy. (iii) Solicitor General; (iv) a representative from the Executive Office of the President; (v) County Executive Committee Members from Nairobi County Government responsible for corresponding functions; (vi) The County Solicitor. 5.5.3 The Implementation Committee shall meet once every month or as may be necessary for the effective discharge of their mandates. 5.5.4 The Implementation Committee may co-opt such other persons as it considers necessary for the discharge of its mandate and may establish Project specific committees, Technical Committees or such other sub-committees as it may consider necessary for the effective implementation of this Agreement. 5.5.5 Each Committee shall regulate its own procedure, quorum, and meeting modalities, subject to any directions issued by the Steering Committee. 6. CLAUSE VI Public Participation 6.1 This Agreement shall be subjected by the Nairobi City County to public participation as per the applicable laws. 6.2 The Agreement together with any amendments as shall be necessitated by public participation constitute the entire agreement between the parties. Both parties acknowledge that they have not entered into this agreement in reliance wholly or partly on any statement or representation made by the other except as contained or referred to herein. 6.3 All projects and programs undertaken under this Agreement shall be subject to public participation in accordance with applicable laws. 7. CLAUSE VII Financing of the Agreement 7.1 The parties shall jointly agree on the modalities for financing all programmes and projects undertaken pursuant to this Agreement, including the sources of funding, cost-sharing arrangements where applicable, and the mechanisms for the flow of funds within the provisions of the Public Finance and Management Act, Cap. 412. 7.2 Each implementing Party shall, in accordance with Clause 7.1 above within its respective mandate, be responsible for performing and honoring its obligations undertaken under this Agreement. 7.3 All programmes and projects to be implemented under this Agreement shall be properly costed and provided for within the respective budgets of the National Government and the County Government, as applicable, and shall be processed through the applicable national and county budgetary processes and in accordance with the respective budget cycles of the Parties. 7.4 The flow of funds, disbursement, utilisation, accounting, reporting, oversight, and audit of all funds under this Agreement shall be undertaken in accordance with the Public Finance Management Act, Cap. 412 and all other applicable written laws. 7.5 Executive Committee annually on the implementation of the Agreement. 8. CLAUSE VIII Entry Into Force, and Termination 8.1 This Agreement shall become effective fourteen days from the date of execution and shall remain in force for an initial period of twenty-four months from the date of execution subject to renewal. 8.2 Parties may terminate this agreement mutually or a party may terminate this agreement by giving six months’ notice to the other party. Such termination shall take effect at the expiry of the six-month period from the date the termination notice is issued provided that the provisions contained herein shall remain in effect to the extent necessary to permit an orderly settlement of all arrangements made with respect to the ongoing cooperation activities. 9. CLAUSE IX Data Protection 9.1 Each party undertakes to protect and not to disclose to any third parties the data exchanged during the subsistence of this Agreement and after the end of the Co-operation Agreement save for by the operation of the law. 712 712 9.2 Each party undertakes to use the data exchanged solely for the purpose for which the scope of this exchange allows. 9.3 Each party to this Agreement acknowledges the importance of protecting the privacy of all information provided by the other party and warrants that in dealing with data collected during this collaboration they shall at all times strictly comply with the Data Protection Act, Cap. 411C. 10. CLAUSE X Existing Agreements 10.1 Any existing arrangements between the parties herein and other third parties touching on the objective of this Agreement shall remain in force insofar as they are consistent with the objectives of this Agreement. 11. CLAUSE XI Supplementary Arrangements and Amendments 11.1 The Parties may, from time to time, enter into supplementary arrangements within the scope and framework of this Agreement for the purpose of implementing specific agreements, collaborations, projects, or programmes contemplated herein. 11.2 Any supplementary arrangement entered into pursuant to Clause 11.1 shall be in writing and executed by the duly authorized representatives of both Parties and shall be consistent with and subject to the provisions of this Agreement. 11.3 No amendment, variation, or modification of this Agreement shall be valid or binding unless it is made in writing and executed by both Parties through a formally signed instrument expressly stating that it amends this Agreement. 11.4 Unless expressly stated otherwise, no supplementary arrangement entered into under this Clause shall amend, vary, or override the provisions of this Agreement. 12. CLAUSE XII Governing Law 12.1 The provisions of this Agreement and any amendments or annexes thereto shall be governed by, construed, and enforced in accordance with the laws of the Republic of Kenya. 13. CLAUSE XIII Notices 13.1 Any notice or other communication to be given under this Agreement shall be in writing and shall be sufficiently given if delivered: (a) By Registered Mail Ten (10) days from the date of such delivery; (b) Personally/hand delivery on the date of such delivery; or (c) Electronic Service of Notices through E-mail shall be deemed served on that day it was sent within the official business hours on a business day in the relevant jurisdiction in which it is sent. If it is sent outside business hours and on a day, not a business day, it shall be considered to be served on a subsequent day is a business day to the following addresses: For the National Government For Nairobi City County Government Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs. Office of the Prime Cabinet Secretary, Kenya Railways, Off Haile Selassie Avenue, P.O. Box 62345–00200 Nairobi E-mail:info@primecs.go.ke The Governor Nairobi City County Government, P.O.Box 30075–00100, Nairobi. E-mail:info@nairobi.go.ke 13.2 If any party under this Agreement changes their address or premises, they shall within seven (7) days thereafter send or deliver to the other party written confirmation of their new address. 14. CLAUSE XIV Dispute Resolution 14.1 In the event of any dispute, or disagreement arising from or pertaining to this agreement, the parties shall at the first instance endeavor to resolve the dispute amicably through negotiations, but if the dispute is not resolved amicably within 90 days from the date one Party notifies the other of the dispute in writing, the parties shall refer the dispute to the Intergovernmental Relations Technical Committee provided under the Intergovernmental Relations Act, Cap. 265F. 15. CLAUSE XV Severability 15.1 If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the intent and economic effect of the invalid or unenforceable provision. 16. CLAUSE XVI Entire Agreement 16.1 This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, representations, and warranties. 17. CLAUSE XVII Limitation of Liability 17.1 Each party shall be mandated to fulfill its obligations on the projects and programs initiated under this agreement. IN WITNESS WHEREOF, the parties herein have caused this AGREEMENT to be signed by their duly authorized representatives. SIGNED ON BEHALF OF THE NATIONAL GOVERNMENT: DR. MUSALIA MUDAVADI, Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs. In the presence of: DORCAS AGIK ODUOR, Attorney-General. SIGNED ON BEHALF OF NAIROBI CITY COUNTY GOVERNMENT: SAKAJA ARTHUR JOHNSON, Governor. In the Presence of: CS. CHRISTINE IRERI, Ag. County Attorney.