GAZETTE NOTICE NO. 3187

WHEREAS, the parties executed the Deed of Transfer of Functions Agreement from the Nairobi City County Government to the National government (the Deed) on 25" February 2020; WHEREAS, Article 9.1 of the Deed provides that the Deed shall become effective twenty-one (21) days from the date of execution and remain in force for an initial renewable period of twenty-four (24) months from the date of execution; WHEREAS, the Deed has been subjected to public participation as contemplated in Article 10.1 thereof; WHEREAS, Article 10.2 of the Deed provides, inter alia, that the Deed, together with any amendments as may be necessitated by public participation, constitute the entire Agreement between the parties; WHEREAS the Report recommended the extension of the term of the Deed of Transfer Agreement between the Nairobi City County Government and the National Government; WHEREAS, Article 10.3 of the Deed provides, inter alia, that no variation or addition thereto and no waiver of any provision thereof shall be valid unless in writing signed by a duly authorized officer of both of the parties; WHEREAS the parties seek to foster effectiveness and secure continuity in the delivery of service for public good; NOW THEREFORE, having regard to the foregoing and having considered the views and comments collated during the public participation exercise, the parties enter into this Further Addendum to the Deed of Transfer of the functions and solemnly agree as follows. ARTICLE 1: DEFINITIONS 1.1 The words and expressions used herein bear the same import and meaning as defined in the Deed. 1.2 Deed of Transfer of Functions means the Deed of Transfer of Functions Agreement signed between the National Government and the Nairobi City County Government on the 25th February 2020. ARTICLE 2: APPLICATION OF THE FURTHER ADDENDUM TO THE DEED 2.1 This Further Addendum to the Deed supplements and modifies the provisions of the Deed and Addendum to the Deed as further specified herein-below. ARTICLE 3: DU} ATION OF THE DEED OF TRANSFER OF FUNCTIONS 3.1 Further to Article 9.1 of the Deed of Transfer of Functions, the duration of the transferred functions is extended by a further period of six (6) months from 25th February 2022 to 24th August 2022. 3.2. Upon expiry of the Deed of Transfer of Functions as stated herein above, there shall be hand over period of three (3) months to ensure continuous service delivery. 3.3 The parties herein shall within seven (7) days of assumption of office of the Governor from a Joint Committee to oversee the handover process. 3.4 Save as herein above provided, all other terms and conditions contained in the Deed of Transfer of Functions and the Addendum thereto shall remain the same. ARTICLE 4: GENERAL 4.1 No variation or addition to this Further Addendum to the Deed and no waiver of any provision shall be valid unless by consent of both parties in writing signed by a duly authorized officer of both of the parties. In the event of variation or addition, ail the terms of this Further Addendum to the Deed shall apply to such variation or addition expect as may otherwise be expressly provided therein. 4.2 No forbearance or indulgence by either party in enforcing any term or condition of this Further Addendum to the Deed shall prejudice or restrict that party’s rights or powers herein and no waiver of any breach shall operate as a waiver of any subsequent or continuing breach. 4.3 This Further Addendum to the Deed may be amended, supplemented or modified only by a written instrument duly executed by or on behalf of each party hereto and expressed in a common document. ARTICLE 5: GOVERNING LAW AND DISPUTE RESOLUTION 5.1 The provisions of Articles 11.1 and 11.2 of the Deed shall apply, with the necessary modifications, to this Addendum to the Deed. IN WITNESS whereof this Further Addendum to the Deed of Transfer has been executed by the duly authorized representatives of the parties the day and year first written above. SIGNED BY: HON. EUGENE WAMALWA, EGH, Ag. Cabinet Secretary, Ministry of Devolution and the Asals In the presence of: HON. JUSTICE (Rtd.) PAUL KIHARA KARIUKI, EGH Attorney-General SIGNED BY: H.E. ANN KANANU MWENDA, EGH Governor, Nairobi City County Government Duly authorized Signatory for: NAIROBI CITY COUNTY GOVERNMENT In the presence of: DR. JARIUS MUSUMBA, PhD, Ag. County Secretary and Head of the County Public Service. Dated 8th March, 2022. PTG 1731/21-22