REPUBLIC OF KENYA

INTERGOVERNMENTAL PARTNERSHIP AGREEMENT

Between the

NATIONAL GOVERNMENT THROUGH THE MINISTRY OF EDUCATION

and the

NAIROBI CITY COUNTY GOVERNMENT

on

COOPERATION IN THE IMPLEMENTATION OF THE SCHOOL MEALS

PROGRAMME

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This Agreement is made this..........day of..............2023 by and between the
National Government of the Republic of Kenya, through the Ministry of
Education, as represented by the Cabinet Secretary, whose registered office is
Jogoo House ‘B’, P.O. Box 30040 – 00100, Nairobi (hereinafter referred to
as the Ministry, which expression shall where the context so admits include its
successors and assigns) on the one part, and the Nairobi City County
Government as represented by the Governor, whose registered office is City
Hall, P.O. Box 30075 – 00100, Nairobi (hereinafter referred to as the County
Government which expression shall where the context so admit include its
successors and assigns) on the other part;

(Individually referred to as “Party” and collectively as “Parties”)

WHEREAS

Article 6(2) of the Constitution provides that the governments at national and
county level shall conduct their mutual relations on the basis of consultation
and cooperation;

Articles 186 of the Constitution recognizes the respective functions and

powers of the National Government and the County Governments;

The Parties recognize that the functions of the National Government

regarding primary education are as set out in Section 16 of Part I the Fourth
Schedule to the Constitution;

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The Parties recognize that the functions of the county governments are as set
out in Part II the Fourth Schedule to the Constitution;

Article 189 of the Constitution provides that government at either level shall
perform its functions, and exercise its powers, in a manner that respects the
functional and institutional integrity of government at the other level, and
respects the constitutional status and institutions of government at the other
level and, in the case of county government, within the county level;

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.

Section 23 (a) of the Intergovernmental Relations Act, 2012 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 in Articles 174 and 175 of
the Constitution.

The Constitution and enabling legislation mandates the National Government

to provide free and compulsory primary education. A critical component of
the effective implementation of this function is through the provision of
teaching and learning infrastructure as well as other facilities and catering for
the welfare of teachers and learners.

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The parties have agreed to collaborate in the development of conducive
teaching and learning experience in public primary schools in the Nairobi City
County, beginning with a programme for the provision of school meals within
the said County, to improve the health and nutrition status of the leaners;

AND WHEREAS the Parties have agreed to work in collaboration and

interdependently towards achieving the objectives of this Agreement;

NOW THEREFORE, having considered the above, the parties enter this
Agreement and solemnly agree as follows:

Article 1: PURPOSE
1.1 This Agreement sets forth the terms of understanding between the
Parties in the implementation of the school meals program in public
primary schools in Nairobi City County.

1.2 The Parties shall make every reasonable effort to ensure the achievement
of the objectives of this Agreement through recognition of their
respective constitutional and statutory roles, collaboration and mutual
respect.

1.3 This Intergovernmental Partnership Agreement shall be a collaboration

between the Parties and shall not in any way translate or be construed
to transfer any function and or power of the National Government to
the Nairobi City County Government.

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ARTICLE 2: ROLES AND RESPONSIBILITIES OF THE PARTIES

2.1 ROLES OF THE NATIONAL GOVERNMENT

The National Government hereby agrees, covenants and undertakes to
observe and comply with its obligations under this Agreement, including but
not limited to the following:
(i) capacity building for the County Government on management,
administration and implementation of the programme.
(ii) Budget for the implementation of the program as per the financing
framework.
(iii) Monitor and evaluate the implementation of this agreement.
(iv) Report to the National Treasury and Economic Planning on
implementation of this agreement.
(v) Document and share with the County Government any lessons learnt
and best practises.
(vi) Follow up on recommendations of the committees set up under this
agreement
(vii) Undertake appropriate steps to create awareness of this agreement.
(viii) Issue Ministerial directives and guidelines to school heads, managers
and other administrators requiring them to cooperate and coordinate
with the staff of the Nairobi City County Government and those of
other programme implementing partners and agencies for purposes
of:
(a) Construction and operations of kitchens within school
compounds.
(b)Preparation and distribution of meals to learners.

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 (c) Interaction with learners as per the guidelines provided by the
Ministry of Education.
(ix) Provide quality, relevant and timely data of learners for the
purposes of planning, monitoring and evaluation of the school meals
program. Such data shall be collected, processed, stored, rectified,
erased or destroyed in compliance with the Data Protection Act, 2019.

2.2 ROLES OF THE COUNTY GOVERNMENT

The County Government hereby agrees, covenants and undertakes to observe

and comply with its obligations under this Agreement, including but not
limited to the obligations contained in the following:

(i) Undertake the day to day running of the school meals program in all
Public Primary schools within Nairobi County.

(ii) Provide at least one adequate meal of acceptable quality daily to all
learners within public primary schools during school days.

(iii) Develop the requisite infrastructure for the preparation,

transportation, distribution and serving of hot meals to the learners
in a timely manner that does not hinder other school programs.

(iv) Ensure monies earmarked for the program are ring-fenced and timely
payment to suppliers and service providers made to ensure
sustainability of the program.

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 (v) Take all reasonable steps within the County Government’s control to
mitigate and/or remedy the consequences of any event which may in
the County Government’s opinion or upon notification by the
national government thereof, affect the performance of this
agreement.

(vi) Share with the national government, upon request, any information,
reports, returns and audits pertaining to the implementation of the
programme.

(vii) With the concurrence of the Ministry, enter into and conclude specific
service-level agreements, Memoranda of Understanding or contracts
for the successful implementation of the programme.

2.3 JOINT RESPONSIBLITIES

(i) The Parties may enter into other agreements with third parties,
partners and or donors to achieve better performance of this
Agreement.

(ii) The Parties shall agree on the system and modalities for programme
evaluation and such evaluation shall be undertaken twice yearly.

(iii) The parties shall establish a Joint Committee to, inter-alia, spearhead
the implementation of the program and submit regular reports and
advisories to the two levels of government. Without prejudice to the

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 generality of the above, the parties shall determine the mandate of
the Joint Committee.

(iv) Develop a risk mitigation strategy to ensure sustainability of the

programme.

(v) The Parties shall consult as appropriate for purposes of exchanging

information, coordinating policies and administration.

ARTICLE 3: FINANCIAL ARRANGEMENTS

The financing of the school meals programme shall be jointly undertaken as

follows:
3.1 Public funding for the programme herein shall be drawn from both the
Consolidated Fund and the County Revenue Fund. In addition to this,
there will be funding and other technical and operational support from
other implementing agencies.

3.2 The administration of the funding for this programme shall be in

accordance with the Public Finance Management Act, 2012 and
attendant Regulations.

3.3 The public funding for the programme shall be on a 50:50 basis,
between the Parties.

3.4 The Parties shall, in consultation with the National Treasury, prescribe
a framework in respect of the programme, for planning, budgeting,

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 resource mobilization, funding arrangements, management and
accounting for the funds.

3.5 The County Public Service Board shall, in consultation with the Public
Service Commission, formulate the necessary instruments to facilitate
the deployment of the necessary human resources.

3.6 Procurement of any goods and services relating to the program shall
be undertaken in accordance with the provisions of the Public
Procurement and Asset Disposal Act, 2015 and its Regulations.

ARTICLE 4: EXISTING AND FUTURE ARRANGEMENTS

4.1 The existing arrangements between the County Government and other
third parties with regard to the implementation of the school meals
program shall continue in so far as they are not inconsistent with this
agreement. In the event of any inconsistency, the existing arrangements
shall be reviewed to ensure consistency with this Agreement.

4.2 The County Government shall, within 7 days of execution of this

Agreement, provide a full and accurate disclosure of such agreements
to the National Treasury.

4.3 The Parties herein may, either jointly or severally, and upon the
requisite due diligence, enter into agreements with other third parties
for purposes of supporting the implementation of this programme,

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 provided that either Party shall obtain the prior written concurrence of
the other.

Article 5: AMENDMENTS

This Agreement may be amended as may be required from time to time by

mutual written consent of both Parties. Such amendments shall be signed and
dated by both Parties prior to the changes being made and shall come into
force on such a date as shall be mutually agreed upon by the parties and shall
form part of this Agreement.

Article 6: DURATION

6.1 This Agreement shall take effect from the date of execution by the parties
and shall remain in force for an initial period of three (3) years.

6.2 This Agreement may be renewed for a further period of three (3) years
and any such renewal shall be done by way of an addendum.

Article 7: TERMINATION
7.1 Either party, acting reasonably, may terminate this Agreement by
giving the other party three months’ written notice.

7.2 The non-defaulting party may terminate this Agreement, with three
months’ notice where:

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 (a) the other party is unable or unwilling or shall in the reasonable
opinion of the other party be unable or unwilling to carry out its
obligations under this Agreement; or

(b) in the event of a material breach by the other Party.

7.3 Termination of this Agreement shall be without prejudice to any

accrued rights and obligations as at the date of termination.
Termination of this Agreement will not affect the completion of any
ongoing programmes commenced during the existence of this
Agreement unless otherwise mutually agreed by the Parties in writing.

Article 8: GOVERNING LAW

This Agreement shall be governed by the Laws of Kenya.

Article 9: ENTIRE AGREEMENT

This Agreement and any subsequent annexures constitute the whole
Agreement between the Parties hereto and no variations thereof shall be
effective unless made in writing and signed by both Parties AND both Parties
hereby acknowledge that they are not entering into this Agreement in reliance
upon any representations whether express or implied other than those made
or expressly referred to herein. This Agreement supersedes and replaces any
agreement or agreements whatsoever that may have subsisted between the
parties hereto in any way relating to the subject matter hereof.

Article 10: WAIVER

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No waiver of any of the terms and conditions of this Agreement shall be
binding or effectual for any purpose unless expressed in writing and signed by
the Parties hereto giving the same, and any such waiver shall be effective only
in the specific instance and for the purpose given. No failure or delay on the
part of any of the parties hereto in exercising any right, power or privilege
hereunder shall operate as a waiver thereof nor shall any single or partial
exercise of any right power or privilege preclude any other or further exercise
thereof or the exercise of any other right power or privilege.

Article 11: FORCE MAJEURE

Each Party will notify the other Party of any circumstances or event which is
beyond its reasonable control and which makes the performance of its
obligations under the Agreement impossible or so impractical as to be
considered impossible under the circumstances. Both Parties will work jointly
to resolve the same.

Article 12: DISPUTE RESOLUTION

Any dispute that may arise out of the implementation and interpretation of
this Agreement will be settled amicably through mutual consultations between
the parties. Where no such settlement is reached within thirty (30) days of the
commencement of such consultation, the Parties will refer the dispute to the
Intergovernmental Relations Technical Committee for resolution in
accordance with Article 189 (3) and (4) of the Constitution as read with
Section 33(2) of the Intergovernmental Relations Act.

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Article 13: CONFIDENTIALITY

No Party shall disclose any information to any third party concerning the
matters under this Agreement without the prior written consent of the
disclosing party. Any information to be contained in reports or disclosed by
one Party to the other Party, shall be kept strictly confidential by the receiving
Party and shall not be disclosed except in furtherance of their performance
under this Agreement. All correspondence related to this agreement by any
party shall be copied to the other party.

Article 14: BEST ENDEAVOURS

Both Parties will use their best endeavors to facilitate all formalities in
connection with the preparation, negotiation and implementation of this
Agreement and to maintain close and direct contact.

Article 15: REGULAR REVIEW

Parties agree to review regularly the progress of the co-operation under this
Agreement. Meetings between the parties may be convened as and when
required and at a venue and time agreed between the parties.

Article 16: REPORTING:

16.1 The parties shall submit, through the Intergovernmental Relations
Technical Committee, annual reports on the status of implementation
of the school meals programme to the Summit.

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16.2 The Joint Committee established pursuant to this Agreement shall
submit quarterly reports on the implementation of the school meals
programme to the Cabinet Secretary and to the County Governor.

Article 17: COMMUNICATION

Any communication and notices under this Agreement shall be effective as of
the date of receipt and shall be deemed to have been sufficiently transmitted
if sent by personnel delivery, registered mail, postage prepaid, or e-mail and
must be directed to the relevant parties.

IN WITNESS WHEREOF the undersigned, being the duly authorized

representatives of the Parties have caused this Agreement to be executed the
day and year first above written.

SIGNED ON BEHALF OF THE NATIONAL GOVERNMENT:

………………………………………..
HON. EZEKIEL MACHOGU, CBS
CABINET SECRETARY,
MINISTRY OF EDUCATION

DATE ………………………………

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WITNESSED ON BEHALF OF THE NATIONAL GOVERNMENT

…………………………………………………………
TERESIA MBAIKA MALOKWE
PRINCIPAL SECRETARY, STATE DEPARTMENT FOR DEVOLUTION

DATE…………………………………………….

SIGNED ON BEHALF OF NAIROBI CITY COUNTY GOVERNMENT:

…………………………………………………
H.E SAKAJA ARTHUR JOHNSON, CBS
GOVERNOR
DATE ………………………………

WITNESSED ON BEHALF OF THE COUNTY GOVERNMENT

……………………………………………….
MS. LYDIAH KWAMBOKA

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COUNTY ATTORNEY
NAIROBI CITY COUNTY GOVERNMENT
DATE…………………………………..

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