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15. Provision for Devolution of Functions to Be Made by Act of Parliament

(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.