National Assembly Intergovernmental Security Directives 2026: County Market Infrastructure Dispute Settlement Frameworks

Urban market management is becoming an important governance issue as county governments balance their responsibility for public trading facilities with national security requirements. Disputes over market infrastructure, security operations and administrative control can disrupt traders’ livelihoods, affect public revenue and raise questions about the constitutional division of responsibilities between the two levels of government.

The National Assembly has a central role in scrutinising national government operations, examining policy gaps and considering legislation that strengthens accountability. Where disagreements arise between national security agencies and county executives over urban market management, parliamentary oversight can help establish the applicable legal mandates and identify weaknesses in intergovernmental coordination.

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The legal foundation for resolving such disagreements is Article 189 of the Constitution of Kenya, which requires national and county governments to respect each other’s institutional integrity, cooperate in performing their functions and make reasonable efforts to settle disputes. The provision also supports alternative dispute resolution mechanisms, including negotiation, mediation and arbitration.

“Devolution provides for the sharing of power, resources and decision-making down to the grassroots level.”

The Intergovernmental Relations Technical Committee (IGRTC) explains that its mandate includes promoting harmonious relations between national and county governments and facilitating intergovernmental dispute resolution. Its role is particularly relevant where disagreements concern the exercise of devolved functions, coordination of public services and administrative responsibilities.

Editorial clarification: This report examines the legal and administrative framework applicable to county market infrastructure disputes. A specific National Assembly directive issued in 2026 under the title above has not been independently verified. The article therefore does not present an unconfirmed parliamentary resolution as an established fact.

Constitutional Responsibilities for Urban Market Management

Article 6(2) of the Constitution establishes that national and county governments are distinct but interdependent. Their relationship must be based on consultation and cooperation, a principle reinforced by Article 189.

The Fourth Schedule of the Constitution assigns trade development and regulation, including markets, to county governments under Part 2, paragraph 7(a). County administrations consequently play a leading role in managing market facilities, organising trading activities and delivering relevant local services.

National security agencies operate under a separate constitutional framework. Articles 238 and 239 establish the principles and institutions governing national security, including the National Police Service, Kenya Defence Forces and National Intelligence Service.

Security agencies may have legitimate responsibilities when responding to crime, violence or threats to public order in urban markets. However, a security operation does not automatically transfer market management authority from a county government to the national government.

The applicable responsibilities must be assessed against the Constitution, relevant legislation, property ownership records and any lawful agreements governing the facility.

Parliamentary Oversight and Intergovernmental Dispute Resolution

National Assembly committees can scrutinise national government policy, question responsible officials and examine whether administrative decisions comply with the law. Where market management disputes involve national government institutions, oversight can establish the facts and determine whether stronger coordination mechanisms or legislative changes are necessary.

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The Senate also has an important role in representing county interests and overseeing national revenue allocated to counties. Cooperation between the two Houses may be necessary where a dispute raises issues affecting both national government operations and the constitutional interests of devolved units.

The Intergovernmental Relations Act, 2012 provides the statutory framework for consultation and dispute resolution. Sections 30–36 address intergovernmental disputes, including efforts to resolve disagreements amicably before resorting to judicial proceedings.

Section 31 specifically requires national and county governments to take reasonable measures to resolve disputes amicably and apply the available alternative dispute resolution mechanisms before pursuing court proceedings, subject to the applicable law.

Governance Responsibilities for Market Infrastructure

Why Market Management Disputes Matter to Traders

Conflicting administrative instructions can affect access to market stalls, sanitation services, storage facilities and loading zones. Traders may also face uncertainty over fees, operating arrangements and responsibility for maintaining public infrastructure.

Resolving such disagreements requires officials to examine market ownership documents, construction agreements, county legislation, asset registers and security deployment records. Financing a facility does not, by itself, determine every question concerning its ownership or day-to-day administration.

Public participation is equally important. Article 184 of the Constitution provides for legislation governing urban areas and cities, including management principles and resident participation. Traders and local residents should have opportunities to present their concerns when proposed administrative changes affect their livelihoods.

Clarifying the Role of Section 24

The reference to Section 24 of the Devolution Act requires verification before publication. Section 24 of the Transition to Devolved Government Act, 2012 concerns criteria for the transfer of functions during the transition to devolved government. It should not be cited as though it were the general dispute-resolution provision for current market management disagreements.

For present-day intergovernmental disputes, Articles 6 and 189 of the Constitution and Sections 30–36 of the Intergovernmental Relations Act, 2012, provide the more directly relevant framework.

Accountability Without Undermining Devolution

Effective oversight should protect public safety while respecting the constitutional division of responsibilities. County governments must administer devolved functions lawfully, while national agencies must operate within their respective mandates.

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The IGRTC can facilitate dialogue and help parties pursue structured dispute resolution. Parliamentary scrutiny can complement that work by identifying policy gaps, improving accountability and considering appropriate legislative reforms.

Ultimately, a workable county market dispute settlement framework should produce clearer responsibilities, fewer conflicting directives, uninterrupted public services and stronger accountability to traders and residents.