ADVOKS GLOBAL · KENYA
Intergovernmental Relations Act
26. Agreements on transfer or delegation of powers, functions or competencies
Edition: 2022-12-31 · In force
26. Agreements on transfer or delegation of powers, functions or competencies
(1)A transfer or delegation of powers, functions or competencies under this Part shall be by a written agreement.(2)The agreement for the transfer or delegation under subsection (1) shall include—(a)the function, power or competency transferred or delegated;(b)the specific legal provisions supporting the transfer or delegation;(c)the reasons for the transfer or delegation;(d)the performance standards and frameworks in respect of the transfer or delegation;(e)the resourcing framework for delivery of the powers, function or competency transferred or delegated;(f)the capacity of the receiving entity to exercise or perform the powers, function, or competency transferred or delegated;(g)the capacity building framework for enhancing any deficits identified in the entity to which the transfer or delegation has been effected;(h)the method of resolving any dispute that may arise under the agreement; and(i)the terms and conditions for the exercise or performance of the power, function or competency including the time frame.(3)The agreement shall be—(a)signed by an authorized person or officer; and(b)published in the Kenya Gazette and the county Gazette in respect of the county to which it relates, at least fourteen days before the effective date of the transfer or delegation.(4)The National Assembly shall be notified of the decision to transfer a national government power, function or competency.(5)A county assembly shall be notified of the decision to transfer a county government power, function or competency.