Chapter 11, Part 5 · Art. 191
Conflict of laws
- National legislation prevails over county legislation in concurrent matters if it applies uniformly across Kenya and meets specified conditions.
Art. 191(2)
(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.
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Art. 191(4)
(4) County legislation prevails over national legislation if neither of the circumstances contemplated in clause (2) apply.
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Art. 191(5)
(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.
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- When national and county laws clash, there are rules deciding which one applies.
Art. 191(2)
(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.
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