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Transfer of functions
and powers between
levels of government.
Constitution of Kenya, 2010
187. (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.
Part 4—The Boundaries of Counties
Boundaries of
counties.
188. (1) The boundaries of a county may be altered only by a
resolution––
(a) recommended by an independent commission set up for that
purpose by Parliament; and
(b) passed by––
(i) the National Assembly, with the support of at least twothirds of all of the members of the Assembly; and
(ii) the Senate, with the support of at least two-thirds of all
of the county delegations.
(2) The boundaries of a county may be altered to take into
account—
(a) population density and demographic trends;
(b) physical and human infrastructure;
(c) historical and cultural ties;