Constitution of Kenya

186. Respective functions and powers of national and county governments

Edition: 2010-09-03 · In force

186. Respective functions and powers of national and county governments

(1)Except as otherwise provided by this Constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the Fourth Schedule.

(2)A function or power that is conferred on more than one level of government is a function or power within the concurrent jurisdiction of each of those levels of government.

(3)A function or power not assigned by this Constitution or national legislation to a county is a function or power of the national government.

(4)For greater certainty, Parliament may legislate for the Republic on any matter.

Case law referring to this provision

Ramogi & 3 others v Attorney General & 4 others; Muslims for Human Rights & 2 others (Interested Parties) (Constitutional Petition 159 of 2018 & 201 of 2019 (Consolidated)) [2020] KEHC 10266 (KLR) (6 November 2020) (Judgment)
Senate & 3 others v Speaker of the National Assembly & 10 others (Petition 19 (E027) of 2021) [2025] KESC 11 (KLR) (21 March 2025) (Judgment)
Benjamin & 4 others v Cabinet Secretary Lands, Public Works, Housing and Urban Development & 4 others; National Land Commission & 16 others (Interested Parties) (Petition E154, E173, E176, E181, E191 & 11 of 2024 (Consolidated)) [2024] KEHC 13060 (KLR) (Constitutional and Human Rights) (22 October 2024) (Judgment)
Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 8 others (Interested Parties) (Petition 56, 58 & 59 of 2019 (Consolidated)) [2020] KEHC 8772 (KLR) (Constitutional and Judicial Review) (30 January 2020) (Judgment)
Katiba Institute & 2 others v Attorney General & another; Judicial Service Commission & 10 others (Interested Parties) (Constitutional Petition 268 of 2018 & Petition 251 of 2017 (Consolidated)) [2025] KEHC 1610 (KLR) (Constitutional and Human Rights) (19 February 2025) (Judgment)

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Source: Kenya Law