Transfer of functions and powers between levels of government
A function may be transferred between national and county government by agreement if the receiving government would perform it more effectively and the transfer is not prohibited by law. Resources must go with it, but constitutional responsibility stays with the original government.
The 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.
Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.