Constitution of Kenya, 2010
(i) is prejudicial to the economic, health or security interests
of Kenya or another county; or
(ii) impedes the implementation of national economic
policy.
(a)––
(3) The following are the conditions referred to in clause (2)
(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;
(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.
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