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"content": "Part III of the Transition to Devolved Government Act, 2012 recognizes the role of the Transition Authority in the transfer of functions; the Senate urges the national government to enter into agreement with county governments with a view to transferring resources, functions and powers relating to development of infrastructure and equipping of institutions of learning, at primary and secondary levels, to county governments. Mr. Speaker, Sir, I am moving this Motion on behalf of Sen. Murkomen, the Senator for Elgeyo-Marakwet, and Chair of the Devolution and Planning Committee who is not in the Chamber this afternoon. This Motion aims at testing very new ground in our constitutional dispensation in terms of the relationship of the national governments and county governments. In a nutshell, what this Motion is trying to achieve is to allow for the functions of providing infrastructure and equipment to primary and secondary schools be transferred to county governments from the national government. The Constitution anticipates a situation where a function which is assigned to one level of Government can actually be transferred to another level of Government. Through this Motion, reference has been made to very fundamental provisions of our Constitution that provide for that scenario and within this Motion, a justification for the transfer of education functions as requested here have been provided. Article 186 (1) of the Constitution says that the powers that either the national government or the county government shall exercise are defined in Schedule 4."
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