Constitution of Kenya, 2010
185
Assistant Minister immediately before the effective date shall continue
to serve in accordance with the former Constitution until the first general
elections held under this Constitution unless they vacate or are removed
from office in accordance with the former Constitution and the National
Accord and Reconciliation Act.
(3) A person who was elected President before the effective date is
not eligible to stand for election as President under this Constitution.
13. On the effective date, the President and any State officer or
other person who had, before the effective date, taken and subscribed Oath of allegiance to
an oath or affirmation of office under the former Constitution, or who is this Constitution.
required to take and subscribe an oath or affirmation of office under this
Constitution, shall take and subscribe the appropriate oath or affirmation
under this Constitution.
Part 4—Devolved Government
14. (1) The laws contemplated 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.
Operation of
provisions relating
to devolved
government.
(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.
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 mentioned 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
Provision for
devolution of
functions to be made
by Act of Parliament.