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{
    "id": 551797,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/551797/?format=api",
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    "content": "equal partner. The county governments are autonomous and not mere agents of the national government. (vi) Distinctness as autonomy also connotes separateness of the two levels of government with limited powers ensuring that none interferes in the constitutional functional areas of the other. (vii) Distinctness as autonomy also connotes separateness of the two levels of Government with limited powers ensuring that none interferes with the constitutional functional areas of the other. Article 189(1)(a) of the Constitution emphasizes this element of autonomy and non-interference in the affairs of the other. (viii) It provides that the levels of government must perform their functions and exercise their powers in a manner that respects the functional institutional integrity as well as the constitutional status and institutions of each other. (ix) In sum therefore, the two levels of government are distinct and have autonomy from each other in the sense that there is no subordination of one government to the other as they co-ordinate to each other. The governments are created and protected, their functions are assigned and their financial resources are allocated by the Constitution. (x) The implication to this dispute is that when it comes to the provision of health services, county governments enjoy distinct autonomy. (c) Article 186(1) of the Constitution provides that except as otherwise provided by this Constitution, the functions and powers of the national Government and county governments respectively are as set out in the Fourth Schedule. The two levels of Government cannot exercise powers beyond the confines of the Constitution. (d) Article 187(1) of the Constitution provides the instance where one level of government can undertake functions of another level through the execution of inter- governmental agreements. (e) Article 189(1) provides that the government at either level shall perform its functions and exercise its powers in a manner that respects the functional integrity of government at the other levels and respect the constitutional status and institutions of government at the other level and in the case, of county government, within the county level. The Article further provides that government will assist, support and consult, and as appropriate, implement the legislation of the other level of government. Further, that the government will liaise with the other government at the other level for the purpose of exchanging information, coordinating policies, administration and enhancing capacity."
}