Constitution of Kenya, 2010
(v)
the promotion of equal opportunity or equal access to
government services; or
(vi) the protection of the environment.
(4) County legislation prevails over national legislation if neither
of the circumstances contemplated in clause (2) apply.
(5) In considering an apparent conflict between legislation of
different levels of government, a court shall prefer a reasonable
interpretation of the legislation that avoids a conflict to an alternative
interpretation that results in conflict.
(6) A decision by a court that a provision of legislation of one
level of government prevails over a provision of legislation of another
level of government does not invalidate the other provision, but the
other provision is inoperative to the extent of the inconsistency.
PART 6—SUSPENSION OF COUNTY GOVERNMENTS
Suspension of a county government.
192. (1) The President may suspend a county government—
(a) in an emergency arising out of internal conflict or war; or
(b) in any other exceptional circumstances.
(2) A county government shall not be suspended under clause (1)
(b) unless an independent commission of inquiry has investigated
allegations against the county government, the President is satisfied
that the allegations are justified and the Senate has authorised the
suspension.
(3) During a suspension under this Article, arrangements shall be
made for the performance of the functions of a county government in
accordance with an Act of Parliament.
(4) The Senate may at any time terminate the suspension.
(5) A suspension under this Article shall not extend beyond a
period of ninety days.
(6) On the expiry of the period provided for under clause (5),
elections for the relevant county government shall be held.
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