Operation of provisions relating to devolved government
14. (1) The laws referred to in section 2 (3) (b) and section 15 may be enacted only after the Commission on the Implementation of the Constitution and, if it has been established, the Commission on Revenue Allocation, have been consulted and any recommendations of the Commissions have been considered by Parliament.
(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.
17. Within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution.
18. All local authorities established under the Local Government Act (Cap. 265) existing immediately before the effective date shall continue to exist subject to any law that might be enacted.