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Constitution of Kenya, 2010
(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.
Provincial
Administration.
Local Authorities.
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.
Part 5 – Administration of Justice
Rules for the
enforcement of the
Bill of Rights.
The Judicial Service
Commission.
19. Until the Chief Justice makes the rules contemplated by Article
22, the Rules for the enforcement of the fundamental rights and freedoms
under section 84 (6) of the former Constitution shall continue in force
with the alterations, adaptations, qualifications and exceptions as may
be necessary to bring them into conformity with Article 22.
20. (1) The Judicial Service Commission shall be appointed within
sixty days after the effective date and the Commission shall be deemed
to be properly constituted under this Constitution despite the fact that
there may be a vacancy in its membership because of any of the bodies
nominating or electing members have not done so.
(2) Despite subsection (1), the Judicial Service Commission may
not perform its functions unless five members have been appointed.