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KenyaSimplified

Chapter 11, Part 5 · Art. 189

Cooperation between national and county governments

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

Official text

(1) Government at either level shall—
  (a) 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;
  (b) assist, support and consult and, as appropriate, implement the legislation of the other level of government; and
  (c) liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity.
(2) 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.
(3) In any dispute between governments, the governments shall make every reasonable effort to settle the dispute, including by means of procedures provided under national legislation.
(4) National legislation shall provide procedures for settling inter-governmental disputes by alternative dispute resolution mechanisms, including negotiation, mediation and arbitration.
In simple words
  • Governments at each level must respect the other level's integrity and assist, support and consult each other.
    Art. 189(1)

    (1) Government at either level shall— (a) 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; (b) assist, support and consult and, as appropriate, implement the legislation of the other level of government; and (c) liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity.

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  • They must make every reasonable effort to settle disputes, including through negotiation, mediation and arbitration.
    Art. 189(3)

    (3) In any dispute between governments, the governments shall make every reasonable effort to settle the dispute, including by means of procedures provided under national legislation.

    Read the full article →
Kids explanation
  • The national and county governments must work together and settle disagreements peacefully.
    Art. 189(1)

    (1) Government at either level shall— (a) 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; (b) assist, support and consult and, as appropriate, implement the legislation of the other level of government; and (c) liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity.

    Read the full article →

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