Constitution of Kenya, 2010
(b) the development and management of its infrastructure and
institutions.
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
Respective functions and powers of national and county
governments.
186. (1) Except as otherwise provided by this Constitution, the
functions and powers of the national government and the county
governments, respectively, are as set out in the Fourth Schedule.
(2) A function or power that is conferred on more than one level
of government is a function or power within the concurrent jurisdiction
of each of those levels of government.
(3) A function or power not assigned by this Constitution or
national legislation to a county is a function or power of the national
government.
(4) For greater certainty, Parliament may legislate for the
Republic on any matter.
Transfer of functions and powers between levels of government.
187. (1) A function or power of government at one level may be
transferred to a government at the other level by agreement between
the governments if—
(a) the function or power would be more effectively performed or
exercised by the receiving government; and
(b) the transfer of the function or power is not prohibited by the
legislation under which it is to be performed or exercised.
(2) If a function or power is transferred from a government at one
level to a government at the other level—
(a) arrangements shall be put in place to ensure that the
resources necessary for the performance of the function or
exercise of the power are transferred; and
(b) constitutional responsibility for the performance of the function
or exercise of the power shall remain with the government to
which it is assigned by the Fourth Schedule.
PART 4—THE BOUNDARIES OF COUNTIES
Boundaries of counties.
188. (1) The boundaries of a county may be altered only by a
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