Constitution of Kenya, 2010
(2) The Commissions shall be given at least thirty days to
consider legislation under subsection (1).
(3) Subsections (1) and (2) lapse when the Commission on the
Implementation of the Constitution is dissolved.
Provision for devolution of functions to be made by Act of
Parliament.
15. (1) Parliament shall, by legislation, make provision for the
phased transfer, over a period of not more than three years from the
date of the first election of county assemblies, from the national
government to county governments of the functions assigned to them
under Article 185.
(2) The legislation referred to in subsection (1) shall—
(a) provide for the way in which the national government shall—
(i)
facilitate the devolution of power;
(ii)
assist county governments in building their capacity to
govern effectively and provide the services for which
they are responsible; and
(iii) support county governments;
(b) establish criteria that must be met before particular functions
are devolved to county governments to ensure that those
governments are not given functions which they cannot
perform;
(c) permit the asymmetrical devolution of powers to ensure that
functions are devolved promptly to counties that have the
capacity to perform them but that no county is given functions
it cannot perform; and
(d) provide mechanisms that ensure that the Commission on the
Implementation of the Constitution can perform its role in
monitoring the implementation of the system of devolved
government effectively.
Division of revenue.
16. Despite Article 217 (1), the first and second determinations of
the basis of the division of revenue among the counties shall be made
at three year intervals, rather than every five years as provided in that
Article.
185
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents