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KenyaSimplified

Chapter 11, Part 3 · Art. 187

Transfer of functions and powers between levels of government

2010-as-amended · effective 2010-08-27

Official text

(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.
In simple words
  • A function or power may be transferred between levels of government by agreement if it would be more effectively performed by the receiving government.
    Art. 187(1)

    (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.

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  • If a function is transferred, arrangements must ensure the necessary resources are transferred too.
    Art. 187(2)(a)

    (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

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  • Constitutional responsibility for the function remains with the government to which it is assigned by the Fourth Schedule.
    Art. 187(2)(b)

    (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.

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Kids explanation
  • Governments can agree to share some tasks, and the money for them moves too.
    Art. 187(1)

    (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.

    Read the full article →

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