Constitution of Kenya, 2010
116
(c) require the national government, when it intervenes, to take
measures that will assist the county government to resume
full responsibility for its functions; and
(d) provide for a process by which the Senate may bring the
intervention by the national government to an end.
Conflict of laws.
191. (1) This Article applies to conflicts between national and
county legislation in respect of matters falling within the concurrent
jurisdiction of both levels of government.
(2) National legislation prevails over county legislation if—
(a) the national legislation applies uniformly throughout Kenya and
any of the conditions specified in clause (3) is satisfied; or
(b) the national legislation is aimed at preventing unreasonable
action by a county that—
(i)
is prejudicial to the economic, health or security
interests of Kenya or another county; or
(ii) impedes the implementation of national economic policy.
(3) The following are the conditions referred to in clause (2) (a)—
(a) the national legislation provides for a matter that cannot be
regulated effectively by legislation enacted by the individual
counties;
(b) the national legislation provides for a matter that, to be dealt
with effectively, requires uniformity across the nation, and the
national legislation provides that uniformity by establishing—
(i)
norms and standards; or
(ii) national policies; or
(c) the national legislation is necessary for—
(i)
the maintenance of national security;
(ii)
the maintenance of economic unity;
(iii) the protection of the common market in respect of the
mobility of goods, services, capital and labour;
(iv) the promotion of economic activities across county
boundaries;
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