M-Wakili

Local Government Act - as Plain Text by MWakili

LAWS OF KENYA The LocaL GovernmenT acT Chapter 265 Revised Edition 2010 (1998) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org CAP2.

265 Local Government [Rev.

2010 CHAPTER 265 THE LOCAL GOVERNMENT ACT arraNGeMeNt OF SeCtIONS Section part IprelIMINary 1Short title.

2Interpretation.

part IIlOCal GOverNMeNt areaS 34 Repealed.

5Powers of the Minister in regard to local authority areas.

6Council may submit proposals for alterations.

7 Repealed.

8Power to name townships.

9Powers of minister with respect to counties.

10 11 Repealed.

part IIICONStItutION OF lOCal authOrIty Municipal Councils 12Establishment and incorporation of municipal councils.

13Qualication of mayor and tenure of ofce.

14Election of mayor.

15Deputy mayor.

16Filling vacancy in ofce of mayor and deputy mayor.

17Functions of deputy mayor.

18Mayor and deputy mayor to make declaration of acceptance.

19Allowance to mayor.

20 21 22 Repealed.

23 24 25 26Number of councillors.

27Terms of ofce of councillors.

Local Government CAP.

265 3 Rev.

2010] Section County and Town Councils 28Establishment and incorporation of county councils and town councils.

29Election of chairman of county and town councils.

30Vice-chairman of county and town councils.

31Terms of ofce of chairman and vice-chairman of county and town councils.

32Filling vacancy in ofce of chairman and vice-chairman.

33Functions of vice-chairman.

34Allowance to chairman.

35 36 37 Repealed.

38 39Number of councillors.

40Term of ofce of councillors.

Urban and Area Councils 41Establishment and incorporation of urban councils.

42Chairman and vice-chairman.

43Terms of ofce of chairman and vice-chairman.

44 Filling vacancy in ofce of chairman and vice-chairman.

45 Functions of vice-chairman.

46 Number of councillors.

47Term of ofce of councillors.

Local Councils 48 49 Repealed.

Township Authorities 50 51 Repealed.

part IvlOCal GOverNMeNt eleCtION aNd MeMberShIp Electoral Areas 53Qualications for Registration as a voter and for election as an elected councillor.

CAP4.

265 Local Government [Rev.

2010 Section 53A Qualications for nomination, etc., as a councillor other than an elected councillor.

53B Disqualications for councillors.

53C Rules under ss.

53, 53A and 53B.

54Alteration of electoral areas.

Voters and Electoral Rolls 55Preparation of electoral rolls.

55AAdditional disqualication for candidates.

56Only those on electoral rolls may vote.

Elections and Membership 57Elections to be in accordance with Act and rules.

58Election to coincide with parliamentary and presidential election.

59Councillors may be re-elected, etc.

60 Repealed.

61Disputes to validity of elections.

62Declaration by councillors.

62AMembers of National Assembly not to be councillors.

63Resignation of councillors and lling of vacancies among nominated and appointed councillors.

63ARepealed.

64Absence of councillors from meetings.

65Tenure of seats of councillors.

66Appeal against declaration under s.

65.

67Date of casual vacancies.

68 Filling of casual vacancies.

69Repealed.

70Term of ofce of person lling a casual vacancy.

71Repealed.

Rules Respecting Elections 72Rules for elections.

part vMeetING aNd prOCeedINGS 73Application and interpretation.

74Annual and ordinary meetings.

75Special meetings.

76Notice of meetings.

77Chairman to preside and have a casting vote.

78Record of attendance and quorum.

Local Government CAP.

265 5 Rev.

2010] Section 79Public ofcer may attend meetings.

80 Minutes to be kept and signed.

81Meetings deemed to have been duly held.

82Minutes open to inspection.

83Adjournment of meetings.

84Admission of press and public.

85Standing Orders.

86Summoning of public meetings.

86ALimitation of powers of members.

87Exemption of members, etc., from personal liability.

88Validity of acts of local authorities, members and ofcers.

89Disability of members from voting on account of interest in contracts, etc 90Restriction on advocacy against, and acting as auditor for, local authorities and committees.

part vICOMMItteeS, JOINt COMMItteeS aNd SubCOMMItteeS Committees 90AInterpretation of Part.

91General power of local authorities to appoint committees.

92Finance committees.

Joint Committees 93Joint committees.

94Expenses and accounts of joint committees.

Subcommittees 95Subcommittees.

General Provisions Respecting Committees, Joint Committees, and Subcommittees 96Disability from voting on account of interest in contracts, etc.

97Chairman to preside and have casting vote.

98Validity of acts of committee, etc.

99Exemption of members of committee, etc., from personal liability.

100Notice of meetings of committees, etc.

101Minutes of committees, etc.

102Inspection of minutes and adjournment of meetings.

CAP6.

265 Local Government [Rev.

2010 Section 103Staff committees and joint staff committees.

part vIIJOINt bOardS 104Constitution, etc., of joint board 105Change of Status of local authorities not to affect joint boards.

106Meetings and proceedings at joint boards.

part vIIaRepealed 106A 106B Repealed.

part vIIIOFFeNCeS Municipal Ofcers 107Appointment of municipal ofcers.

108Appointment of deputies to municipal ofcers.

109Appointment of county and town ofcers.

110 Appointment of deputies to county and town ofcers.

111Ofcers for urban council.

County Ofcers 112Appointment of other ofcers.

113Appointment of seconded public ofcers.

114Interpretation where Public Service Commission delegates.

115 116 117 118 Repealed.

119 120 Qualications and Disqualications of Ofcers 121Members of local authorities not to be appointed as ofcers.

122Qualications of town clerk and clerk.

123Qualications of town treasurer and treasurer of county councils or town councils.

Local Government CAP.

265 7 Rev.

2010] Section 124Qualications of town engineers and engineers of county councils or town councils.

125Qualications of medical ofcers of health and public health ofcers.

126 127 Repealed.

128 Status and Duties of Certain Ofcers 129Status, powers and duties of town clerk and clerk.

130Status, powers and duties of chief nancial ofcer.

131Status, powers and duties of medical ofcer of health.

132Status, powers and duties of town engineer and engineer.

133 134 Repealed.

135Security to be given by ofcers.

136Accountability of ofcers.

137Disclosure by ofcers of interest in contracts.

138Restriction on engaging in private practice, etc.

139Transfers of pension and other rights.

140Transfers in relation to the Local Authorities Provident Fund.

141Right to attend meetings and require advice to be recorded in certain cases.

141AUniforms.

142Transfer of ofcers.

part IXCertaIN pOwerS,dutIeS aNd prOvISIONS relatING tO all lOCal authOrItIeS 143Power to enter into contracts.

144Acquisition of and dealings in land.

145Miscellaneous powers of local authorities.

146Grants of money.

147Miscellaneous powers of control.

148Imposition of fees and charges.

149Powers to guarantee tax liability and pay deposits in respect thereof, and to recover payments made respecting tax.

150Power to pay allowances to councillors.

150AMiscellaneous expenditure.

CAP8.

265 Local Government [Rev.

2010 Section part XCertaIN pOwerS, dutIeS aNd FuNCtIONS OF MuNICIpalItIeS, COuNtIeS aNd tOwNShIpS 151Powers with respect to pension, provident and benevolen funds.

152Schools and bursaries.

153Powers authorizing omnibus and vehicle services.

154Miscellaneous powers of municipal, county and township authorities.

155Powers of county, municipal and town councils.

156Repealed.

157Payments of money in connexion with employment of magistrates, etc.

158Freemen.

159Shops in rural areas.

part XICertaIN pOwerS, dutIeS aNd prOvISIONS relatING tO MuNICIpalItIeS, tOwNShIpS aNd COuNty dIvISIONS 160Miscellaneous functions of local authorities other than county councils and local councils.

161Miscellaneous functions and powers of control.

162Miscellaneous powers of control.

163Powers to control trades and occupations.

163ABusiness permits.

164Applications for licences.

165Powers to refuse to grant or renew licences and to cancel licences.

166Planning.

167Burials.

Sewerage and Drainage 168Power to undertake sewerage and drainage.

169Provisions as to carrying out sewerage and drainage works.

170Vesting of sewers, etc., and right of access thereto.

171Sewage farms and sewage disposal works.

172Notice before commencing sewerage works outside the local authoritys area.

173Provisions for protection of sewers and drains.

174Charges for use of sewers and drains.

175Power to execute drainage works on land or premises and to make advances therefor.

176Miscellaneous additional powers respecting sewerage and drainage.

Local Government CAP.

265 9 Rev.

2010] Section Housing 177Housing and advances for housing.

Water Supply 178Water supply.

179Diversion and canalization of streams, etc.

180Additional powers relating to water.

Electricity Supply 181Works of the supply of electricity, light, heat and power.

part XIICertaIN pOwerS, dutIeS aNd prOvISIONS relatING tO rOadS aNd FerrIeS 182Control and vesting of public streets in municipalities and townships.

183Repealed.

184Powers of local authorities to take materials for roads and works.

185Power respecting the permanent closure, etc., of streets and roads.

186Power relating to ferries and toll bridges.

187 188 189 Repealed 190 191 192Denition of vesting.

192ASaving in respect of national and international roads.

part XIIICertaIN prOvISIONS relatING tO addItIONal pOwerS aNd traNSFerS aNd deleGatIONS OF pOwerS 193Delegations of functions relating to trunk roads 194Transfer of road functions to road authority and arrangements for discharge of such functions.

195Repealed.

196Power of county councils, or town councils, to delegate functions.

197Relinquishment of functions by urban councils.

198Repealed.

199Powers of county council where there is no county division.

CAP10.

265 Local Government [Rev.

2010 Section 200Repealed.

part XIvby-lawS 201Power to make by-laws.

202Restrictions on making by-laws.

203Procedure for making by-laws.

204Submission of by-laws for approval.

205Publication, communication and coming into operation of by-laws, etc.

206Admissibility in evidence of signed copy of by-laws and certicates of clerks.

207Deposit, inspection and supply of copies of by-laws.

208Prosecution for contravention of by-laws.

209Order to afx to premises notice of conviction for sale, etc., of unsound food.

210Power to make adoptive by-laws.

211Councils of county divisions may enforce by-laws of county councils.

part XvFINaNCIal prOvISIONS 212Annual and supplementary estimates.

213Ministers powers respecting estimates.

214Expenditure to be in accordance with estimates.

215General and special expenses.

216General rate fund, county fund and township rate fund.

217Payments to and out of funds.

218General reserve funds.

219Renewal funds.

220Capital funds.

221Consolidated loans funds.

part XvIlOaNS OF lOCal authOrItIeS 222Borrowing powers.

223Issue of stocks or bonds.

224Appointment of receiver.

225Temporary borrowing.

226Lenders relieved from certain inquiries.

part XvIIaCCOuNtS aNd audIt 227Financial year.

228Accounts.

Local Government CAP.

265 11 Rev.

2010] Section 229Balancing of accounts.

230Audit report.

231Appointment of inspectors.

232 233 Repealed.

234Powers of Minister.

236Powers and duties respecting surcharges.

237Application for written reasons for inspectors decision.

238Appeals against decision of inspector.

239Applications for relief.

240Payment and recovery of sums certied to be due.

241Expenses of inspector.

242Power of inspector to take evidence.

242ARepealed.

part XvIIIrepOrtS, returNS aNd INquIrIeS 243Reports to be rendered by certain local authorities.

244Minutes, etc., to be furnished to Minister.

245Investigations, researches and inquiries.

245ARepealed.

part XIXpOwerS arISING ON deFault OF lOCal authOrItIeS 246Power to direct performance of duties and in default to perform same.

247Power to require submission of proposals, and exercise by Minister of powers in default.

248Power to give directions to local authorities.

249Power to reduce grants.

250Default powers to reduce grants or transfer functions respecting county divisions and local council areas.

251Recovery by deduction from grants of debts due from local authorities.

251ARecovery of debts due under loans provided or guaranteed by government, etc.

252Removal of members, appointment of commission and winding up of local authorities for certain reasons.

253Procedure on winding up.

253APreparatory Commission.

254Winding up of other local authorities where desirable.

255Dissolution under ss.

252 and 254.

CAP12.

265 Local Government [Rev.

2010 Section part XXleGal prOCeedINGS 256Arbitration.

257General penalties.

258Appropriation of penalties.

259Powers of arrest.

260Conduct of prosecutions.

261Books of local authorities as evidence.

262Offences by corporations, societies, etc.

263Actions by and against local authorities.

263AExecution of process against local authority.

264Recovery of charges for sanitary and refuse removal.

part XXIMISCellaNeOuS 265Powers of entry.

266Penalties for obstruction.

267Service of documents.

268Delegation of powers.

269Succession of rights and liabilities, etc., on a local authority being replaced.

270Succession of rights, liabilities, etc., where part of area is replaced.

271Power to make rules.

FIrSt SChedule SeCONd SChedule thIrd SChedule FOurth SChedule (Spent).

FIFth SChedule Local Government CAP.

265 13 Rev.

2010] L.N.

256/1963, CHAPTER 265 L.N.

279/1963, L.N.

283/1963, THE LOCAL GOVERNMENT ACT L.N.

342/1963, L.N.

383/1963, L.N.

607/1963, Commencement: 30th April, 1963 L.N.

621/1963, L.N.

634/1963, An Act of Parliament to provide for the establishment of authorities for L.N.

742/1963, L.N.

749/1963, local government; to dene their functions and to provide for matters connected therewith and incidental thereto.

L.N.

86/1964, L.N.

148/1964, L.N.

191/1964, L.N.

34/1965, L.N.

105/1965, 9 of 1966, 21 of 1966, L.N.

107/1966, 11 of 1967, 9 of 1968, 13 of 1968, 31 of 1968, 38 of 1968, 61 of 1968, 13 of 1970, L.N.

35/1970, L.N.

36/1970, L.N.

41/1970, 21 of 1971, 31 of 1971, 5 of 1972, 4 of 1974, 5 of 1974, L.N.

72/1977, 19 of 1979, 8 of 1982, L.N.

22/1984, 11 of 1984, 11 of 1992, 10 of 1997, 5 of 1998, 9 of 2000, 11 of 2000, 8 of 2002, 11 of 2002, 12 of 2003, 3 of 2005, 6 of 2006, part IprelIMINary 17 of 2006.

1.

This Act may be cited as the Local Government Act.

Short title.

CAP14.

265 Local Government [Rev.

2010 Interpretation.

2.

In this Act, unless the context otherwise requires L.N.

383/1963, L.N.

634/1963.

annual meeting means an annual meeting under section 74; L.N.

749/1963, L.N.

34/1965, area, in relation to a local authority, means its area of 9 of 1968, Sch., jurisdiction; 31 of 1971, s.

2, L.N.

72/1977, building includes any erection in whatsoever manner 11 of 1984, s.

3.

Cap.

385.

constructed, and any part of a building; Cap.

399.

Cap.

406.

business permit means a permit that allows the conduct of a business or trade including a profession or occupation, within the area of a local authority, and includes a single business permit and a consolidated business permit; chief nancial ofcer means the chief nancial ofcer under section 130 (1); the City of Nairobi means the City Council of Nairobi and incorporated by Royal Charter dated the 20th March, 1950, and any reference in this Act or any other written law to a municipality or municipal council shall be construed as including a reference to the City of Nairobi or the City Council of Nairobi, as the case may require; clerk includes the town clerk of a municipal council or the clerk of a county council or town council; consolidated business permit means a permit in respect of one or more business activities each of which would otherwise require a separate permit; contributory place means such area as the Minister may specify under section 215 (3); control includes regulate, inspect, supervise and license; county means an area declared under section 5 to be a county; county council means a county council established under section 28; county division means a county division established under this Act; establish includes acquire, erect, build, construct, hire, equip and furnish; Local Government CAP.

265 15 Rev.

2010] nancial year means the period provided in section 227; forest area has the meaning assigned to it under the Forests Cap.

385.

Act; function includes powers and duties; hawker includes a person who, whether as principal, agent or employee - (a) for the purpose of carrying on trade by the sale or exchange of goods, wares, merchandise or refreshments places himself in any street or public place or unenclosed land (other than in shop premises approved as such by a local authority) or goes about in streets or public places or from premises to premises; or (b) by any of the means aforesaid carries on trade by the sale or exchange, or the offer or exposing for sale or exchange, of any goods, wares, merchandise or refreshments, but does not include a person who seeks or takes orders for subsequent delivery or who delivers goods, wares, merchandise or refreshments to premises for the purpose of resale; inspector means an inspector appointed under section 231; land includes any interest in land, any buildings on land, land covered with water, any easement or right in, to or over land; 5 of 1997, s.

42.

licence includes a permit, but excludes a business permit; and local authority means a municipal, county, town or urban council; maintain includes carry on, manage, operate and keep in repair; medical ofcer of health includes a deputy medical ofcer of health and an assistant medical ofcer of health; member, in relation to a local authority, means a mayor, deputy mayor, chairman, vice-chairman or councillor thereof; municipal council means a municipal council established under CAP16.

265 Local Government [Rev.

2010 section 12; municipality means an area declared under section 5 to be a municipality; occupier includes any person in actual occupation of land or premises without regard to the title under which he occupies, and, in the case of premises divided and let to lodgers or various tenants, includes also the person receiving the rent payable by the lodgers or tenants whether on his own account or as agent for any person entitled thereto or interested therein; ofcer includes a servant; ofcial language means English and such other language as the Minister may declare to be an ofcial language either generally or in respect of any particular local authority or group or class of local authorities; owner means (a) in the case of freehold land, the person (other than the Government) owning such land; (b) in the case of land held under a lease (i) for a period of not less than ten years; or (ii) for the natural life of any person; or (iii) which is renewable from time to time at the will of the lessee indenitely; or (iv) which is renewable from time to time at the will of the lessee for periods which together with the rst period thereof amount in all to not less than ten years, the person holding such land under such lease and includes any agent who receives rents or prots from any such person and also any superintendent, overseer or manager of any such lessee in respect of the holding on which he resides as such superintendent, overseer or manager; premises includes any land, building, room, structure, tent, van, vehicle, stream, lake, dam, pool, drain or ditch (open or enclosed) whether public or private; Local Government CAP.

265 17 Rev.

2010] public health ofcer includes a chief public health ofcer, a deputy public health ofcer and a senior public health ofcer; public place includes any road, street, thoroughfare, foot pavement, footpath, sidewalk, lane, square, open space, garden, park or enclosed space & vested in a local authority under this Act; public road has the meaning assigned to it in the Public Roads Cap.

399.

and Roads of Access Act; public street means an adopted street as dened in section 3 (1) of the Streets Adoption Act, and includes a public street as dened Cap.

406.

in section 16 (9) of that Act; revenues, in relation to a local authority, includes the county fund or general rate fund, as the case may be, and all rates, Government contributions and other revenues, whether arising from land or undertakings or from any other source, receivable by the local authority; single business permit means a permit issued in respect of a class of business activities in lieu of the separate licences which would otherwise require to be issued in respect of each activity.

street trading includes the selling of newspapers, matches, owers, food and drink and other articles, the distribution of handbills or other advertisements, and shoe-cleaning and any other like occupation carried on in any public place; township means an area declared by the Minister under section 5 to be a township; town council means a town council established by section 28; urban council means an urban council established under section 41.

part IIlOCal GOverNMeNt areaS 3.

(Repealed by L.N.

634/1963.).

4.

(Repealed by 11 of 1984, s.

4.).

5.

(1) The Minister, acting in consultation with the Electoral Powers of the Minister in regard to Commission may, either on receiving proposals under section 6 or local authority areas.

without any such proposals, by order exercise all or any of the following L.N.

634/1963, CAP18.

265 Local Government [Rev.

2010 L.N.

34/1965, powers 31 of 1968.

s.

5, 31 of 1971 Sch., (a) establish any area to be or to cease to be a municipality, 11 of 1984, Sch., county or township; 10 of 1997, s.

5, 11 of 1992.

(b) assign a name to a municipality, county or township; 10 of 1997, Sch.

Cap.

102.

(c) dene the boundaries of a municipality, county or township; (d) alter the boundaries of a municipality, county or township, whether by adding or subtracting from its area or otherwise; (e) alter the name of a municipality, county or township; (f) amalgamate two or more counties into one county; (g) transfer a part of a county to another county or to a municipality; (i) transfer a part of a municipality to a county or township; (j) (Repealed by 10 of 1997, Sch.).

Provided that a municipality, county or township shall not extend outside a single province.

(2) Every order made under subsection (1) shall make such provision for protecting the interests of the ofcers of any council affected by the order as the Minister, acting in consultation with the Electoral Commission considers just.

.

(3) Before making an order under subsection (1), the Minister, acting in consultation with the Electoral Commission, shall, if proposing to exercise any of the powers specied in paragraphs (a), (c), (d), (f), (g), (h) and (i) of that subsection, and may in any other case, appoint a public ofcer or some other person to inquire into and report on the advisability of the exercise of any of the powers; and for the purpose of the inquiry the Minister, acting in consultation with the Electoral Commission, may confer upon the ofcer or person the like powers as are enjoyed by a Cap.

102.

commissioner under the Commissions of Inquiry Act.

(4) Notice of such an appointment and particulars of the powers proposed to be exercised shall be published in the Gazette and in at least one newspaper circulating in the area to which the proposal relates.

Local Government CAP.

265 19 Rev.

2010] 6.

(1) A municipal council, county council or town council may Council may submit make a proposal to the Minister that he should exercise his power under proposals for alterations.

section 5 in the manner specied in the proposal.

L.N.

634/1963, Sch., L.N.

34/1965, (2) Upon receiving a proposal under subsection (1), the Minister, unless for any special reason he considers that the proposal should not 31 of 1968, s.

8, 31 of 1971, Sch.

be entertained, shall, if the proposal relates to the exercise of any of the powers specied in paragraphs (a), (c), (d), (f), (g), (h) and (i) of section 5 (1), and may in any other case, appoint a public ofcer or some other person to inquire into and report on the advisability of the exercise of any of the powers in the manner proposed or in any other manner, and for the purposes of the inquiry the Minister may confer upon the ofcer or the person the like powers as are enjoyed by a commissioner under Cap.

102.

the Commissions of Inquiry Act.

(3) Notice of such an appointment and particulars of the proposal shall be published in the Gazette and in at least one newspaper circulating in the area to which the proposal relates.

7.

(Repealed by L.N.

634/1963.).

8.

The Minister may assign a name to any township and may at Power to name any time alter the name of any township.

townships.

L.N.

634/1963, L.N.

34/1965.

9.

(1) The Minister, acting in consultation with the Electoral Powers of Minister Commission may, by order, exercise all or any of the following with respect to powers counties.

L.N.

634/1963, (a) establish one or more county divisions in a county; L.N.

34/1965, 31 of 1968, s.

4, (b) assign a name to a county division or alter the name of a 11 of 1992, Sch., county division; 10 of 1997, Sch.

(c) dene the boundaries of a county division, or alter or amend the boundaries of a county division, whether by adding to or subtracting from an area thereof or otherwise; (d) amalgamate two or more county divisions within the county into one county division; (e) divide a county division into two or more county divisions; (f) transfer a part of a county division to another county division within the same county; CAP20.

265 Local Government [Rev.

2010 (g) (Repealed by 10 of 1997, Sch.).

(2) Before exercising any of the powers conferred by subsection (1), the Minister, acting in consultation with the Electoral Commission, shall, if proposing to exercise any of the powers specied in paragraphs (a), (c), (d), (e) and (f) of that subsection, and may in any other case, appoint a public ofcer or some other person to inquire into and report on the advisability of exercising the powers and notice of such an appointment and particulars of the power proposed to be exercised shall be published in the Gazette and in at least one newspaper circulating in the area to which the proposal relates.

Electoral areas.

10.

(1) The Electoral Commission may, by order in the Gazette 10 of 1997, Sch.

divide any municipality, county, township or county division into electoral areas having such boundaries and names as may be prescribed by the order.

(2) The principles and matte rs set out in subsections (3) and (5) of section 42 of the Constitution relating to the division of Kenya into constituencies shall, mutatis mutandis, guide the electoral Commission in the exercise of its powers and the performance of its functions under this section.

11.

(Repealed by 11 of 1984, s.4.).

part IIICONStItutION OF lOCal authOrItIeS Municipal Councils Establishment and 12.

(1) For every municipality there shall be a municipal council incorporation of established under this Act and every municipal council shall consist of municipal councils.

such number of councilors as may be elected, nominated or appointed L.N.

634/1963, under section 26.

9 of 1968, Sch., 11 of 1984, Sch., (2) The Minister, in consultation with the Electoral Commission 10 of 1997, s.

12.

shall, by order, establish a municipal council in respect of any municipality for which there is not in existence a municipal council established under this Act.

(3) Every municipal council shall, under the name of The Municipal Council of ., be each and severally a body corporate with perpetual succession and a common seal (with power to alter such seal from time to time), and shall by such name be capable in law of suing and being sued, and of acquiring, holding and alienating land.

Qualication of 13.

(1) The mayor of a municipal council shall be elected by the mayor and tenure of council from among the councillors at the rst meeting of the council Local Government CAP.

265 21 Rev.

2010] ofce.

and subsequently at each second annual meeting of the council and, a9 of 1968, Sch., mayor elected in the year 1968 or later shall hold ofce until the next annual meeting but one of the council.

38 of 1968, Sch., 13 of 1970, s.

2.

(2) Subject to section 16, the mayor shall, unless he resigns or ceases to be qualied or becomes disqualied continue in ofce until his successor is elected and assumes ofce.

(3) During his term of ofce, the mayor shall continue to be a member of the council, notwithstanding the provisions of this Act and any rules made thereunder relating to the retirement of members of the council.

(4) A retiring mayor shall be eligible for re-election.

14.

(1) The mayor shall be elected by the councillors present, Election of mayor.

by secret ballot, and such election shall be the rst business transacted 9 of 1968, Sch., at the rst meeting of the council, and thereafter at each second annual 38 of 1968, Sch.

meeting of the council.

(2) On the election of the mayor the outgoing mayor shall preside: Provided that at the rst meeting of the council after its constitution, and subsequently if the ofce of the outgoing mayor is vacant from any cause, or if the outgoing mayor is a candidate for re- election as mayor, or if the mayor is for any reason unable to attend, the councillors present shall elect a chairman from among themselves (other than a candidate for the ofce of mayor) who shall preside for the purposes of such election.

(3) The person presiding at the election of the mayor shall have a deliberative vote only, and, in the case of equality of votes for two or more candidates, the election shall be determined by lot between those candidates.

(4) Notwithstanding subsection (1), no person who is a candidate for election to the ofce of mayor shall be entitled to speak or vote in the election.

15.

(1) A deputy mayor shall be elected by secret ballot by the Deputy mayor.

9 of 1968, Sch., council from among the councillors at the rst meeting of the council, and thereafter at each second annual meeting of the council (immediately 38 of 1968, Sch., after the election of mayor).

11 of 1984, s.

5.

(2) Subject to section 16, the deputy mayor shall, unless he resigns or ceases to be qualied or becomes disqualied, continue in ofce until CAP22.

265 Local Government [Rev.

2010 his successor is elected and assumes ofce.

(3) During his term of ofce, the deputy mayor shall continue to be a member of the council, notwithstanding the provisions of this Act and any rules made thereunder relating to the retirement of members of the council.

(4) A retiring deputy mayor may be re-elected to the ofce which he is vacating.

(5) On the election of the deputy mayor, the newly elected mayor or, in his absence, a councillor elected as chairman by councillors present, shall preside, but he shall have a deliberative vote only, and in case of equality of votes for two or more candidates, the election shall be determined by lot between those candidates.

(6) Notwithstanding subsection (1), no person who is a candidate for election to the ofce of deputy mayor shall be entitled to speak or vote in the election.

Filling vacancy in 16.

(1) In the event of the ofce of mayor or deputy mayor ofce of mayor and deputy mayor.

becoming vacant from any cause whatsoever during the term of ofce of such mayor or deputy mayor, a successor shall, at the next meeting 9 of 1968, Sch.

but one of the council after the vacancy occurs, be elected by the councillors from amongst themselves, by secret ballot, and the person so elected shall, subject to section 18, forthwith enter upon his ofce and shall serve as mayor or deputy mayor, as the case may be, for the remainder of the period of which the mayor or deputy mayor whose ofce became vacant, had been elected.

(2) Subsections (2), (3) and (4) of section 14 shall apply mutatis mutandis with respect to any election under this section.

Functions of deputy 17.

(1) The deputy mayor shall, whenever it shall be necessary mayor.

owing to the death, resignation, absence, illness or incapacity of the mayor, have authority to exercise all the powers and discharge all the duties vested in and imposed upon the mayor under and by virtue of this Act.

Mayor and deputy 18.

(1) A person who has been elected mayor or deputy mayor mayor to make shall, within seven days after the day of election and before he acts in that declaration of ofce make before and deliver to the clerk a declaration of acceptance acceptance.

of ofce in Form A in the First Schedule: L.N.

607/1963.

Provided that in the absence of the clerk the declaration shall be made before and delivered to such other person as the Minister may in writing specify for the purpose of this section.

Local Government CAP.

265 23 Rev.

2010] (2) Where the declaration of ofce is not made or delivered as aforesaid the ofce of the mayor or deputy mayor, as the case may be, shall thereupon become vacant.

19.

(1) A municipal council may vote out of the revenues of Allowances to mayor.

9 of 1968, Sch.

the council as a personal allowance to the mayor such sum, not exceeding such maximum as the Minister may determine, at it thinks reasonable.

(2) The amount of the allowance shall be xed at the commencement of the mayors term of ofce and shall not be altered.

(3) The expenditure out of the allowance shall not be subject to any audit, but the mayors signature therefor shall be sufcient.

(4) Whenever the duties of the ofce of mayor are performed, for any continuous period not being less than one month, by the deputy mayor under any of the circumstances mentioned in section 17, the allowance under this section shall be paid for that period to the deputy mayor.

20 21 22 (Repealed by 9 of 1968, Sch.).

23 24 25 26.

(1) The number of councillors of a municipal council shall Number of be as follows councillors.

L.N.

634/1963.

L.N.

34/1965.

(a) such number of councillors as the Minister may, by order 9 of 1968, Sch., 11 of 1984 Sch., determine, elected for each electoral area by the electorate thereof; and 13 of 1988, Sch., 10 of 1997, Sch.

(b) such number of councillors nominated by the Minister to represent the Government, or any special interests, as the Minister may, by order determine; and (c) where the municipal council in its discretion so agrees with the council of any contiguous county, one councillor from amongst the councillors of each such county council, to be appointed by the county council: (1) Provided that the total number of councillors nominated or CAP24.

265 Local Government [Rev.

2010 appointed under paragraphs (b)and (c) shall not exceed one-third of the number of elected councillors under paragraph (a) or where the number of elected councillors is not divisible by three the next lowest number so divisible.

(2) The criteria and principles for appointment of nominated members of the National Assembly under section 33 of the Constitution shall mutatis mutandis apply to the nomination of councillors under this section Terms of ofce of 27.

(1) The term of ofce of the elected councillors specied in councillors.

section 26(a)shall be ve years.

L.N.

634/1963, 11 of 1967, s.

2, (2) The term of ofce of every councillor nominated under section 9 of 1968 Sch., 26(b) shall be ve years or such shorter period as the Minister may, at 11 of 1984, s.

6.

the time of nomination, specify: Provided that the Minister may at any time in his discretion terminate the nomination of a councillor by notice in writing delivered to the councillor, and thereupon his ofce shall become vacant.

(3) The term of ofce of every councillor appointed under section 26(c) shall be ve years or such shorter period as may, at the time of appointment, be specied by the council which appoints such councillors: Provided that where the councillor ceases to be a councillor of the county council which appointed him he shall forthwith cease to be a councillor of the municipal council.

County and Town Councils Establishment and 28.

(1) For every county or township there shall be a county or incorporation of town council established under this Act, and every county or town county councils and council shall consist of such number of councillors as may be elected, town councils.

nominated or appointed under section 39.

L.N.

634/1963, 31 of 1971, Sch., (2) The Minister, in consultation with the Electoral Commission 11 of 1984, Sch., shall, by order, establish a county or town council in respect of any 10 of 1997, s.

28.

county or township for which there is not in existence a county or town council established under this Act and may in like manner assign a name and alter the name of any county or town council.

(2A) The criteria and principles for appointment of nominated members of the National Assembly under section 33 of the Constitution shall mutatis mutandis apply to the nomination of councillors under this section.

Local Government CAP.

265 25 Rev.

2010] (3) Every county or town council shall, under the name of the County Council of.

or the Town Council of ., as the case may be, be each and severally a body corporate with perpetual succession and a common seal (with power to alter such seal from time to time) and shall by such name be capable in law of suing and being sued, and acquiring, holding and alienating land.

29.

(1) The chairman of a county or town council shall unless he Election of chairman of county and town is nominated under subsection (7), be elected by the council from among councils.

the councillors at the rst meeting of the council and subsequently at each second annual meeting of the council.

9 of 1968, Sch., 38 of 1968, Sch., (2) A retiring chairman shall be eligible for re-election.

13 of 1970, s3, 31 of 1971, Sch.

(3) The chairman, if elected, shall be elected by the councillors present at the meeting by secret ballot and the election shall be the rst business transacted at the meeting.

(4) On the election of the chairman, the outgoing chairman shall preside: Provided that at the rst meeting of the council after its constitution, and subsequently if the ofce of the outgoing chairman is vacant from any cause, or if the outgoing chairman is a candidate for re-election as chairman, or the chairman is for any reason unable to attend, those present and entitled to vote at the election shall elect a person from amongst themselves (other than a candidate for the ofce of chairman) who shall preside for the purpose of that election.

(5) The person presiding at the election of the chairman shall have a deliberative vote only, and, in the case of equality of votes for two or more candidates, the election shall be determined by lot between those candidates.

(6) Notwithstanding subsection (3), no person who is a candidate for election to the ofce of chairman shall be entitled to speak or vote in the election.

(7) The Minister may, in respect of any county or town council, nominate the chairman thereof from amongst the members of the council or persons qualied to be members of the council.

30.

(1) A vice-chairman shall be elected by secret ballot by the Vice-chairman of county or town council from among the councillors at the rst meeting county and town of the council and subsequently at each second annual meeting of the councils.

9 of 1968, Sch., council (immediately after the election of the chairman, if a chairman CAP26.

265 Local Government [Rev.

2010 38 of 1968, Sch, is being elected): 31 of 1971, Sch, 11 of 1984, s.

7.

Provided that where the Minister has nominated the chairman of a county or town council the election of the vice-chairman shall be the rst business transacted at the rst meeting of the council or at the annual meeting of the council, as the case may be.

(2) A retiring vice-chairman may be re-elected to the ofce which he is vacating.

(3) Subsections (3), (5) and (6) of section 29 shall, mutatis mutandis, apply in respect of the election of the vice chairman.

31.

(1) Subject to section 32, the chairman and the vice-chairman Terms of ofce of chairman and vice- of a county or town council shall, unless, he resigns or ceases to be chairman of county qualied or becomes disqualied, continue in ofce until his successor and town councils.

is nominated or elected, as the case may be.

31 of 1971, Sch.

(2) During their terms of ofce the chairman and vice-chairman shall continue to be members of the council not withstanding the provisions of this Act, and any rules made thereunder, relating to the retirement of members.

Filling vacancy in 32.

(1) In the event of the ofce of chairman or vice-chairman of a county or town council becoming vacant from any cause whatsoever ofce of chairman and vice-chairman.

during the term of ofce of such chairman or vice-chairman, then, unless a successor is nominated under subsection (2), a successor shall, 9 of 1968, Sch., 31 of 1971, Sch.

at the next meeting but one of the council after the vacancy occurs, be elected by the council from amongst the councillors and the person so elected shall, subject to subsection (4), forthwith enter upon his ofce and shall serve as chairman or vice-chairman, as the case may be, for the remainder of the period for which the chairman or vice-chairman had been elected or nominated.

(2) In the event of the ofce of chairman of a county or town council becoming vacant as aforesaid, the Minister, may nominate a successor from amongst the members or persons qualied, to be members of that council, and the person so nominated shall, subject to subsection (4), forthwith enter upon his ofce and shall serve as a chairman for the remainder of the period for which the chairman had been elected or nominated.

(3) Subsections (3), (5) and (6) of section 29 shall, mutatis mutandis, apply in respect of the election of a chairman and a vice- chairman under this section.

(4) Section 18 shall apply to a person elected or nominated to be Local Government CAP.

265 27 Rev.

2010] chairman or vice-chairman equally as it applies to a person elected to be mayor or deputy mayor.

33.

The vice-chairman of a county or town council shall, whenever Functions of vice-chairman.

it is necessary owing to the death, resignation, absence, illness or 31 of 1971, Sch.

incapacity of the chairman, have authority to exercise all the powers and discharge all the duties vested and imposed upon the chairman under and by virtue of this Act.

34.

(1) A county or town council may vote out of its revenues Allowance to chairman.

as a personal allowance to the chairman such sum, not exceeding such 9 of 1968, Sch.

maximum as the Minister may determine, as it thinks reasonable.

31 of 1971, Sch.

(2) The amount of the allowance shall be xed at the commencement of the chairmans term of ofce and shall not be altered during that term.

(3) The expenditure of the allowance shall not be subject to any audit, but the chairmans signature therefor shall be sufcient.

(4) Whenever the duties of the ofce of chairman are performed, for a continuous period not being less than one month, by the vice- chairman under any of the circumstances mentioned in section 33, the allowance under this section shall be paid for such period to the vice-chairman.

35 36 37 (Repealed by 9 of 1968, Sch.

37.) 38 Number of 39.

(1) The number of councillors of a county or town council councilors.

shall be as follows L.N.

342/1963, L.N.

634/1963, (a) such number of councillors (if any) as the Minister may, 9 of 1968, Sch., 31 of 1971, Sch., 11 of 1984, Sch., by order determine, elected for each electoral area by the electorate thereof; 13 of 1988, Sch.

(b) where the Minister by order so determines, in lieu of the councillor or councillors to be elected by any electoral area within a county or township, a councillor or the same number of councillors, appointed by the council of a county division within which that electorate area wholly falls; (c) such number of councillors nominated by the Minister to represent the Government, or any special interests as the Minister may, by order determine; CAP28.

265 Local Government [Rev.

2010 (d) where the county or town council in its discretion so agrees with the council of any contiguous municipality or county, one councillor from amongst the councillors of that council appointed by that council: Provided that the total number of councillors nominated or appointed under paragraph (b) and (c) shall not exceed one-third of the number of elected councillors under paragraph (a) or where the number of elected councillors is not divisible by three the next lowest number so divisible.

(2) Every councillor appointed under paragraph (b) of subsection (1) shall, for all the purposes of this Act, be deemed to be an elected councillor of the county or town council.

40.

(1) The term of ofce of every councillor nominated under Term of ofce of councilors.

section 39 (1) (c) shall be ve years or such shorter period as the Minister 11 of 1967, s.

2, may, at the time of nomination, specify: 9 of 1968, Sch., 31 of 1971, Sch., Provided that the Minister may at any time in his discretion 11 of 1984, s.

8.

terminate the nomination of such a councilor by notice in writing delivered to the councilor and thereupon his ofce shall become vacant.

(2) The term of ofce of every councillor appointed under paragraph (b) or (d) of section 39 shall be ve years or such shorter period as may, at the time of appointment, be specied by the council which appoints such councillor: Provided that, where any such councilor ceases to be a councillor of the urban or area council or, as the case may be, of the municipal council which appointed him, he shall forthwith cease to be a councillor of the county or town council.

(3) The term of ofce of the elected councillors specied in section 39 (1) (a) shall be ve years.

Urban Councils Establishment and 41.

(1) For every county division there shall be an urban council incorporation urban established under this Act, and every urban council shall consist of councils.

(a) the chairman; L.N.

283/1963, L.N.

634/1963, 9 of 1968, Sch., (b) the vice-chairman; 11 of 1984, Sch.

Local Government CAP.

265 29 Rev.

2010] (c) such number of councillors as may be elected, 10nominated 10 of 1997, s.

41.

and appointed under section 46.

.

(2) The Minister, in consultation with the Electoral Commission shall, by order establish an urban council in respect of any county division for which there is not in existence such council established under this Act and may in like manner assign a name or alter the name of the council.

(3) Every urban council shall under the name of The Urban Council be each and severally a body corporate with perpetual succession and a common seal (with power to alter such seal from time to time), and shall by such name be capable in law of suing and being sued, and of acquiring, holding and alienating land: Provided that the Minister may in any particular case approve the use of any other name.

42 At the rst meeting of an urban council and subsequently at Chairman and vice-chairman.

each second annual meeting of the council, the chairman and vice- chairman shall be elected in the manner provided in section 29 and 11 of 1984, s.

9.

section 30, respectively, for the election of the chairman and vice- chairman of a county council and sections 29 and 30 shall apply to the ofce of the chairman and vice-chairman of an urban council equally as to the ofces of the chairman and vice-chairman of a county council.

43.

(1) Subject to section 44, the chairman and the vice-chairman Term of ofce of chairman and of an urban council shall, unless he resigns or ceases to be qualied or vice-chairman.

becomes disqualied, continue in ofce until his successor is elected.

(2) During their terms of ofce, the chairman and vice-chairman shall continue to be members of the council, notwithstanding the provisions of this Act and any rules made thereunder relating to the retirement of members.

44.

In the event of the ofce of the chairman or vice-chairman of Filling vacancy in an urban council becoming vacant from any cause during the term of ofce of chairman and vice-chairman.

ofce of the chairman or vice-chairman, then a successor shall, at the 11 of 1984, s.

10.

next meeting of the council after the vacancy occurs, be elected by the council from amongst the councillors and the person so elected shall enter upon his ofce and shall serve as chairman or vice-chairman, as the case may be, for the remainder of the period for which the chairman or vice-chairman had been elected.

45.

The vice-chairman of an urban council shall, whenever it is Functions of vice-chairman.

necessary owing to the death, resignation, absence, illness or incapacity 11 of 1984, Sch.

of the chairman, have authority to exercise all the powers and discharge CAP30.

265 Local Government [Rev.

2010 all the duties vested and imposed upon the chairman under and by virtue of this Act.

Number of 46.

The number of councillors of an urban council shall be as councilors.

follows L.N.

283/1963, L.N.

634/1963, (a) such number of councillors as the Minister may, by order L.N.

34/1965, determine, elected for each electoral area by the electorate 9 of 1968, Sch., thereof; and 11 of 1984, Sch., 13 of 1988, Sch.

10 of 1997, Sch.

(b) such number of councillors nominated by the Minister to represent the Government, or any special interests; and (c) such number of councillors (if any) appointed from amongst its councillors by the county council in whose area the urban or area council is situated: Provided that the total number of councillors nominated or appointed under paragraphs (b) and (c) shall not exceed one-third of the number of elected councillors under paragraph (a) or where the number of elected councillors is not divisible by three the next lowest number so divisible.

(2A) The criteria and principles for appointment of nominated members of the National Assembly under section 33 of the Constitution shall mutatis mutandis apply to the nomination of councillors under this section.

Term of ofce of 47.

(1) The term of ofce of every councillor nominated under councilors.

section 46 (b) shall be ve years or such a shorter period as the Minister 11 of 1967, s.

2, may, at the time of nomination, specify: 9 of 1968, Sch., 11 of 1984, s.

11.

Provided that the Minister may at any time in his discretion terminate the nomination of a councillor by notice in writing delivered to the councillor, and thereupon his ofce shall become vacant.

(2) The term of ofce of every councillor specied in section 46 (a) shall be ve years.

(3) The term of ofce of every councillor specied in section 46 (c) shall be ve years or such shorter period as may, at the time of appointment, be specied by the council which appoints such councillor: Provided that where the councillor ceases to be a councillor of the county council which appointed him he shall forthwith cease to be a councillor of the county division council.

Local Government CAP.

265 31 Rev.

2010] Local Councils 48 (Repealed by 11 of 1984, s.

12.).

49 Township Authorities 50 (Repealed by 31 of 1971, Sch.).

51 part IvlOCal GOverNMeNt eleCtIONS aNd MeMberShIp Electoral Areas 52.

(Repealed by 31 of 1968, s.

5.).

53.

(1) Each electoral area established under this Act shall, in Qualications for such manner as the Electoral Commission may after consultation with registration as voter and for election as an the Electoral Commission, by order prescribe, elect to the local authority elected councillor.

for a local authority area of which it forms part or which it constitutes L.N.

634/1963, one or more elected councillors as may be so prescribed.

L.N.

105/1965, 31 of 1968, s.

2, 13 of 1970, s.

4, (2) The qualications and disqualications for registration as a voter in elections of elected councillors shall be as set out in paragraphs 19 of 1979, s.

9, 1 and 2 of the Fifth Schedule.

8 of 1982, s.

6, 11 of 1984, Sch., (3) Every person who is registered in any electoral area as a voter 1 of 1992, s.

8, 10 of 1997, Sch.

in elections of elected councillors shall, unless he is disqualied by any rules made by the Electoral Commission from voting in such elections on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such offence by the Court trying an election petition, be entitled so to vote in that electoral area in accordance with any rules in that behalf made by the Electoral Commission, and no other person may so vote.

(4) Notwithstanding subsections (1), (2) and (3), the Electoral Commission may by rules provide that, in lieu of the councillor or councillors to be elected to any county council by any electoral area within the county, there shall be a councillor or the same number of councillors appointed by any urban council within which that electoral area wholly falls; and references in this Act to an elected councillor or to the election of any person or the nomination of any person for election as an elected councillor shall be construed as including references to a person appointed as a councillor in pursuance of this subsection or to the appointment of a person or the nomination of a person for appointment CAP32.

265 Local Government [Rev.

2010 as councillor in pursuance of this subsection.

(5) A person is qualied to be elected and to be a councillor of a local authority if, and is not qualied unless (a) at the date of his nomination he is of full age and registered as a voter in elections of elected councillors of that local authority or, in the case of an urban council, he is registered as a voter in elections of elected councillors of the county council of the county within which the urban or area council has jurisdiction; and (b) he is not disqualied for election under any of the other provisions of this Act or any other written law; and (c) he is a member of a political party taking part in the elections and has been nominated by that political party in accordance with the constitution or rules of that political party relating to the nomination of candidates for local government elections.

(6) For the purposes of this section, the term political party has the meaning ascribed to it by section 123 (1) of the Constitution.

53A.

Subject to the Fifth Schedule, any rule made by the Electoral Qualications for Commission may prescribe, or may provide for the prescription of nomination, etc., as a councillor other than qualications to be possessed by persons who are to be nominated, an elected councillor.

appointed or otherwise selected as councillors for any local authority L.N.

105/1965, and may prescribe, or may provide for the prescription of, different 10 of 1997, Sch.

qualications for different classes of such councillors.

53B.

(1) The Electoral Commission may by rules prescribe, or Disqualications for councilors.

may provide for the prescription of, disqualications for nomination L.N.

105/1965.

for election as an elected councillor or for nomination, appointment or other selection as a councillor of a local authority additional to those 10 of 1997, Sch.

specied in the Fifth Schedule and may prescribe, or may provide for the prescription of, different disqualications for different classes of councillors.

(2) Without prejudice to the generality of subsection (1), rules made by the Electoral Commission may provide that a person who, at the date of his nomination for election holds or is acting in any ofce that is specied in those rules and the functions of which involve responsibility for, or in connection with, the conduct of any election to a local authority or the compilation of any register of voters for the purposes of such an election shall not be qualied to be elected councillor of that local authority.

Local Government CAP.

265 33 Rev.

2010] (3) Without prejudice to the generality of subsection (1), rules made by the Electoral Commission may provide that a person who is convicted by any court of any offence that is prescribed by law that is connected with election of members of the National Assembly or of a local authority or who is reported to be guilty of such an offence by the Court trying an election petition shall not be qualied to be nominated for election as an elected councillor or to be nominated, appointed or otherwise selected as a councillor of a local authority for such period (not exceeding ve years) following his conviction or, as the case may be, following the report of the Court as may be so prescribed.

53C.

Any rules made by the Electoral Commission under sections Rules under sections 53, 53A, or 53B may, in order to permit any person who has been 53, 53A and 53B.

L.N.

105/1965, adjudged or declared to be of unsound mind, sentenced to death or 10 of 1997, Sch.

imprisonment, or adjudged or declared bankrupt, or any person who has been convicted of an offence referred to in paragraph 2 (d) of the Fifth Schedule, to appeal against the decision in accordance with any law, provided that, subject to such conditions as may be prescribed by any rules made by the Electoral Commission, the decision shall not, as regards registration in any local authority area, take effect for the purposes of paragraph 2 or, as the case may be, paragraph 3 of the Fifth Schedule until such time as may be prescribed.

54.

(1) A county, town or municipal council may at any time Alteration of make a representation to the appropriate authority for the alteration of electoral areas.

the boundaries of any electoral area, or the alteration of the number of L.N.

634/1963, 31 of 1971, Sch., electoral areas, in its area.

11 of 1984, Sch., (2) Where an urban council has made proposals to the county 1 of 1992, s.

9.

council and is aggrieved by the refusal or neglect of that council to make a representation to the appropriate authority under subsection (1), the urban council may itself make a representation to the appropriate authority as to the whole or any part of the proposals.

(3) In the case of a representation relating to electoral areas of a county or of a county division or of a local council area, the council making the representation shall as soon as the representation has been made (a) in the case of a representation relating only to the alteration of the boundaries of electoral areas, send a copy thereof to the council of every county division in the county which is wholly or in part comprised in any of the electoral areas proposed to be altered; and (b) in every other case, send a copy thereof to the council of CAP34.

265 Local Government [Rev.

2010 every county division in the county; and (c) if the representation is made by an urban council send a copy thereof to the county council.

(4) The council making the representation shall forthwith publish in one or more local newspapers circulating in the area concerned a notice stating that the representation has been made and that a copy thereof is open to inspection at a specied place within the municipality or county and that petitions with respect thereto may be made to the appropriate authority within six weeks after the publication of the notice.

(5) For the purpose of this section the appropriate authority shall be the Electoral Commission.

Voters and Electoral Rolls Preparation of 55.

For the purpose of elections to local authorities there shall electoral rolls.

be an electoral roll or rolls in respect of each such local authority, compiled and revised in accordance with this Act and any rules made under section 72.

Additional 55A.

A person who is convicted of an election offence or who is reported guilty of an election offence by the Court trying an election disqualications for candidates.

petition shall not be qualied to be nominated as a candidate for re- election as a member of any local authority during the remainder of the 10 of 1997, Sch.

life of the relevant local authority following the conviction or, as the case may be, following the report of the Court: Provided that a person disqualied as a result of a conviction or report for an election offence, other than under the provisions of this section, prior to the general elections held in the year 1997 shall cease to be so disqualied and shall, unless otherwise lawfully disqualied, be entitled to have the Electoral Commission enter his name in the appropriate register of electors.

Only those on 56.

The persons entitled to vote at an election shall be those electoral rolls may persons whose names appear on the electoral roll in force for that vote.

election.

Elections and Membership Election to be in 57.

The elected councillors of every local authority under this Act accordance with Act shall be elected as councillors as by this Act is prescribed or directed, and rules.

whether by rules or otherwise.

Election to coincide 58.

(1) Whenever there is a general election under the National Local Government CAP.

265 35 Rev.

2010] Assembly and Presidential Elections Act, there shall simultaneously be with parliamentary held an election of all councillors required to be elected under this Act and Presidential and for that purpose the Minister shall, forthwith upon the dissolution election.

10 of 1997, Sch.

of parliament, dissolve all local authorities.

(2) The provisions of the National Assembly and Presidential Cap.

7.

Elections Act relating to the powers, responsibilities and duties of the Electoral Commission shall apply mutatis mutandis to the conduct of elections under this Act and section 42A of the Constitution.

59.

A councillor of any local authority ceasing to hold any ofce Councillors may be to which he is elected, nominated or appointed under this Act shall, re-elected, etc.

unless he is not qualied or is disqualied, be eligible for re-election, re-nomination or re-appointment.

60.

(Repealed by L.N.

105/1965, r.

5.).

61.

(1) If the validity of an election to a local authority under this Disputes to validity Act is brought into question by any person qualied either to be elected of elections.

or to vote at the election or by the returning ofcer on any grounds or L.N.

621/1963, for any cause whatsoever, that person or the returning ofcer, as the case 11 of 1967, s.

3, 13 of 1970, s.

5, may be, may at any time within fteen days after the publication of the 10 of 1997, s.

61.

result of the election, apply to a Resident Magistrates Court within or nearest to the area of the local authority to set the election aside.

(2) The Resident Magistrates court shall, after due inquiry declare whether the candidate whose election is questioned, or any and what other person, is duly elected, or whether the election is void.

(3) If the election is declared void, a new election shall be held.

(4) The Chief Justice may make rules for the conduct of an inquiry by a Resident Magistrates court under this section.

62.

(1) A person who is elected, nominated or appointed as a Declaration by councillors.

councillor of a local authority shall, before attending a meeting or otherwise acting as a councillor of the authority and within two months of his election, nomination or appointment, as the case may be, sign a declaration in Form B in the First Schedule before the clerk of the local authority, or before such other person as the Minister may specify, and any person attending a meeting or otherwise acting as a member of the authority before signing such a declaration, and any person who signs such a declaration knowing any statement therein to be false, shall be guilty of an offence and shall be liable to a ne not exceeding two thousand shillings or to imprisonment for a period not exceeding two months or to both.

CAP36.

265 Local Government [Rev.

2010 (2) If such a declaration is not made within two months after the election, nomination or appointment, as the case may be the ofce of the person elected, nominated or appointed shall at the expiration of that time become vacant.

Members of the 62A.

Notwithstanding the provisions of this Part, no person who National Assembly is a member of the National Assembly shall be capable of being elected, not to be councillors.

nominated or appointed, or being, a councillor.

11 of 1967, s.

4, 13 of 1970, s.

6, 1 of 1992.

Resignation of 63.

(1) A councillor elected, nominated or appointed to any ofce councillors and under this Act may at any time resign his ofce by writing signed by him lling of vacancies among nominated and delivered to the clerk of the council, and his resignation shall take and appointed effect upon the receipt by that ofcer of such notice of resignation.

councilors.

(2) Whenever a vacancy is caused by the death, retirement, disqualication or resignation of a nominated or appointed councillor, the clerk shall forthwith notify the person by whom the nomination or appointment was made and such person may nominate or appoint another duly qualied person to ll the vacancy.

63A.

(1) A councillor of a local authority who at his election as Vacation of ofce as councillor.

such stood with the support, or as a member, of a particular political party 1 of 1992, s.

10.

(a) resigns from; or (b) otherwise leaves or ceases to be associated with that party, shall forthwith vacate his ofce as councillor and the Minister shall, after consultation with the relevant local authority, declare the ofce to be vacant.

(2) Any person who is aggrieved by the declaration made under subsection (1) may, within twenty-eight days of the declaration being made, appeal in writing to a magistrate with power to hold a subordinate court of the rst class in the area of the local authority and the magistrate may reject the appeal or set the declaration.

Absence of 64.

(1) If a councillor of a local authority without having councillors from obtained leave from the local authority, fails throughout a period of meetings.

four consecutive months to attend any meeting (including committee L.N.

634/1964.

meetings) of the local authority, he shall, unless the failure was due to some reason approved by the local authority, become disqualied from continuing to be a councillor of the local authority: Local Government CAP.

265 37 Rev.

2010] Provided that attendance as a member at a meeting of any committee or subcommittee of the local authority, or at a meeting of any joint committee, joint board or other body to which any of the functions of the local authority have been delegated or transferred, shall be deemed for the purpose of this subsection to be attendance at a meeting of the local authority.

(2) For the purposes of subsection (1) the period of four months shall be calculated from, and include, the date of the rst meeting of the local authority or the committee, as the case may be, next after the last meeting at which the councillor was present.

(3) Where any councillor of a local authority other than a councillor nominated by the Minister, leaves Kenya for a period of not less than two nor more than eight months, the local authority may co- opt at and proper person to discharge the duties of such councillor during his absence: Provided that if a councillor or member of a local authority is absent from Kenya for a period exceeding eight months his seat shall become vacant.

65.

(1) An elected councillor of a local authority shall vacate Tenure of seats of his seat on that authority if any circumstances arise that, if he were not councilors.

such a councillor, would render him not qualied to be elected as such under section 53 or the Fifth Schedule or under any rules made under L.N.

105/1965, section 53B.

8 of 1982, s.

8.

10 of 1997, Sch.

(2) A councillor (other than an elected councillor) of a local authority shall vacate his seat on that authority (a) if any circumstances arise that, if he were not such a councillor, would cause him to be disqualied to be nominated, appointed or otherwise selected as such councillor under the Fifth Schedule or any rules made under section 53B; or (b) in the case of a councillor belonging to a class of councillors for which by virtue of any rules made under section 53B (1) different disqualications have been prescribed from those prescribed for other classes of councillors, if any circumstances arise that, if he were not a councillor of that class, would cause him to be disqualied under that law to be nominated, appointed or otherwise selected as such.

(3) Where any councillor vacates his seat under this section the local authority shall at the next meeting declare the seat of that councillor CAP38.

265 Local Government [Rev.

2010 to be vacated and shall forthwith notify the Electoral Commission of the vacancy; and the vacancy shall be a casual vacancy.

Appeal against 66.

(1) Any councillor whose seat has been declared vacant by declaration under any local authority under section 65 may appeal against such declaration section to a magistrate with power to hold a subordinate court of the rst class in the area of that local authority, and the magistrate may reject the appeal 10 of 1997, s.

66.

or may set aside the declaration, and, subject to any rules made under this section may make such order as to costs as he may deem just.

(2) Every appeal shall be made in the form of a petition in writing and shall be entered within fourteen days of the day on which the declaration is made, and a copy thereof shall within the same period be served upon the clerk to the local authority.

(3) The local authority or councillor may within seven days of the magistrates decision or order, appeal to the High Court against such decision or order and the High Courts decision thereon including any order as to costs, shall be nal.

(4) The Chief Justice may make rules regulating appeals under this section, and for matters incidental thereto and connected therewith.

Date of casual 67.

For the purpose of lling a casual vacancy in any ofce for vacancies.

which an election is held under this Act or any rules made thereunder, the date on which the vacancy shall be deemed to have occurred shall be 11 of 1967, s.

6, 8 of 1982, s.

9.

(a) in the case of non-acceptance of ofce by any person who is required to sign a declaration under section 62, upon the expiration of the period appointed for the signing of the declaration; (b) in the case of resignation, upon the receipt of the notice of resignation by the clerk; (c) in the case of death, upon the date of the death; (d) in the case of disqualication by reason of a surcharge or conviction, upon the expiration of the ordinary period allowed for making an appeal or application with respect to the surcharge or conviction or, if an appeal or application is made, upon the date on which the appeal or application is nally disposed of or abandoned or fails by reason of non- prosecution thereof; (e) in the case of an election being declared void under section 61, upon the date of publication in the Gazette of the notice Local Government CAP.

265 39 Rev.

2010] declaring the election to be void; (f) in the case of a person ceasing to be qualied to be a councillor of a local authority, or becoming disqualied for any reason other than those mentioned in paragraphs (a) to (e), or ceasing to be a councillor of the local authority under or by virtue of section 65, upon the date on which his ofce is declared by the local authority to be vacated.

68.

(1) Whenever a casual vacancy occurs in the ofce of an Filling of casual vacancies.

elected councillor, the local authority concerned shall give notice of 13 of 1970, s.

7.

the vacancy in the prescribed manner and subject to this section, an election shall thereupon be held, in the same manner as an ordinary election, to ll the vacancy.

(2) Where a casual vacancy occurs within six months before the ordinary day of retirement from the ofce in which the vacancy occurs, an election under this section shall not be held to ll the vacancy, but the vacancy shall be lled at the next ordinary election: Provided that (i) if upon a vacancy or a number of simultaneous vacancies so occurring, the total number of unlled vacancies in the membership of the local authority exceeds one-third of the whole number of members, then unless the local authority proceeds or has proceeded under paragraph (ii), the provisions of this subsection shall not apply to that vacancy or to those vacancies; (ii) the local authority may co-opt at and proper person to discharge the duties of the member to whose ofce he is co-opted; and for the purpose of this Act and any rule made thereunder, such person shall be deemed to have been duly elected on an election to ll a casual vacancy to the ofce.

(3) Where more than one casual vacancy in the ofce of a councillor in any electoral area is lled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have retired rst, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly next have retired, and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot; and where more than one casual vacancy in any electoral area is lled at the same time by co-option under paragraph CAP40.

265 Local Government [Rev.

2010 (ii) of the proviso to subsection (2), the local authority shall stipulate at the time of such co-option, the vacancy which each co-opted councillor shall ll.

(4) Where an election to ll one or more casual vacancies in the ofce of councillor of a local authority is combined with an ordinary election of councillors, the following provisions shall apply (a) where the election is contested (i) the persons who are elected by the smallest number of votes shall be deemed elected to ll the casual vacan- cies; (ii) in the case of an equality of votes between the persons who are elected by the smallest number of votes, the persons who shall be deemed elected to ll the casual vacancies shall be determined by lot; (iii) if the persons elected to ll the casual vacancies will hold ofce for different periods, the person elected by the smallest number of votes, or, if the votes are equal, such person as is determined by lot, shall hold ofce for the shorter period; (b) where the election is not contested, the persons who shall be deemed to be elected to ll the casual vacancies shall be determined by lot.

(5) Where under this section any question is required to be determined by lot, the lots shall be drawn at the next practicable meeting of the local authority after the question has arisen, and the drawing of lots shall be conducted under the direction of the person presiding at the meeting.

(6) This section shall not apply in respect of a casual vacancy among the members of a local council.

69.

(Repealed by 11 of 1984, s.

13.).

70.

A person elected or co-opted under this Act to ll a casual Term of ofce of vacancy shall hold ofce until the date upon which the person in whose person lling a casual vacancy.

place he is elected or co-opted would regularly have retired, and he shall then retire.

71.

(Repealed by L.N.

634/1963.).

Local Government CAP.

265 41 Rev.

2010] Rules Respecting Elections 72.

(1) The Electoral Commission shall make rules for the Rules for elections L.N.

634/1963, carrying out of elections to any local authority which, under section 55 is required or directed to prepare an electoral roll for the purposes L.N.

34/1965, L.N.

105/1965, of elections, and particularly, but without prejudice to the generality of 9 of 1968, Sch., the foregoing, such rules may provide for all or any of the following 19 of 1979, s.

9, matters, that is to say 8 of 1982, s.

10, 10 of 1997, s.

72, (a) (Deleted by 9 of 1968, Sch.); 10 of 1999, Sch (b) the authority or person responsible for, and generally the procedure in regard to, the preparation and revision of electoral rolls, and the making and disposing of claims and objections and appeals; (c) the appointment of returning and other ofcers, their powers and duties; (d) the giving of notice of elections; (e) the procedure in regard to the taking of polls at contested elections; (f) the forms to be used in connection with the matters dealt with in this section or in any rules made under this section; (g) the nomination of candidates for election including the payment of a deposit by candidates of such sum as may be prescribed, being not more than one thousand shillings; (h) (Repealed by 10 of 1997, s.72); (i) for the determination, where any electoral area for a local authority contains more than one place of registration, of the place in which any person who has applied and is qualied to be registered in more than one of those places shall be registered; (j) generally, for the better carrying out of elections and for all matters connected therewith.

(2) Different rules may be made under any of the provisions of subsection (1) in respect of different classes of local authorities and in respect of different local authorities of the same class.

(3) For the avoidance of doubt and notwithstanding section 31 CAP42.

265 Local Government [Rev.

2010 Cap.

2.

(c) of the Interpretation and General Provisions Act, the rules made by the Minister under this section shall, unless earlier revoked and replaced, continue in force and shall be deemed to have been made by the Electoral Commission.

Electoral code 72A.

Section 34A and the Fourth Schedule to the National of conduct and Assembly and Presidential Elections Act relating to the Electoral Code application of Cap.

7.

of Conduct shall apply to local government elections.

10 of 1997, Sch.

part vMeetING aNd prOCeedINGS Application and 73.

This Part of this Act shall apply to every local authority interpretation.

and the terms chairman and vice-chairman shall, in respect of a9 of 1968, Sch.

municipal council, be deemed to refer, respectively, to the mayor and deputy mayor.

Annual and ordinary 74.

(1) A local authority shall in every year hold an annual meetings.

meeting and at least three other meetings, which shall be as near as may 11 of 1984, Sch.

be at regular intervals, for the transaction of general business: Provided that any local authority other than a county council or a municipal council, may hold such lesser number of meetings as the Minister may approve.

(2) The annual meeting shall be held as soon as may be after 30th June, but not later than 15th August, in every year on such day and at such hour as may be appointed by the local authority or, if no hour is so appointed, at twelve noon.

(3) The other meetings shall be held on such days and at such hours as the local authority may from time to time appoint.

Special meetings.

75.

(1) The chairman may at any time, and shall within ve days of receiving a request in writing signed by not less than one-third of the members of the local authority, call a special meeting of the local authority to be held not later than fourteen days from receipt of the request.

(2) If the chairman, upon receipt of a request as aforesaid, refuses or neglects within ve days to call a meeting to be held not later than fourteen days from receipt of the request, the clerk shall forthwith call a special meeting of the council.

Notice of meetings.

76.

(1) Notice in writing of the time and place, and the business 11 of 1984, Sch.

proposed to be transacted at every meeting of a local authority shall be published at the ofces of the local authority and be served by the clerk of the local authority on every member thereof, and, in the case Local Government CAP.

265 43 Rev.

2010] of an urban council, on such persons as the Minister may specify, either personally or by post or by leaving the same at his usual place of residence or at his business address; and every such notice shall be served in the case of a meeting of a municipal council not less than twenty-four hours before the meeting and, in the case of a meeting of any other local authority, not less than seven days before the meeting: Provided that the accidental omission to serve notice of any meeting required to be served under this subsection shall not effect the validity of that meeting.

(2) Except in the case of business required by this Act or any other written law to be transacted at the annual meeting of a local authority or as provided by the standing orders of the local authority, no business shall be transacted at a meeting of a local authority other than that specied in the notice relating thereto.

77.

(1) Save where otherwise in this Act provided, at every Chairman to preside and have a casting meeting of a local authority the chairman, or in his absence the vice- vote.

chairman, shall preside; and in the absence of both the chairman and the L.N.

634/1963.

vice-chairman, the members present shall elect a chairman from amongst themselves to preside at such meeting, and such election shall, in the event of equality of votes for two or more candidates, be determined by lot between those candidates.

(2) Save where otherwise provided in this Act or in any other written law, the chairman of the meeting shall have a second or casting vote.

78.

(1) The names of the members present at a meeting of a local Record of attendance authority shall be recorded.

and quorum.

L.N.

634/1963.

(2) Save as otherwise provided by this Act or any other written law, all acts, matters and things authorised or required to be done by a local authority, and all questions that may come before a local authority, shall be done and decided by the majority of the members present and voting thereon at any meeting of the local authority at which there are present not less than one-half of the members or such larger proportion thereof as such local authority may from time to time by standing order x.

79.

A public ofcer appointed by the Minister under section 245 Public ofcer may shall be entitled to attend any meeting, including a committee meeting, attend meetings.

of a local authority and to take part in the proceedings thereof but not to vote at the meeting.

80.

(1) Minutes of the proceedings of every meeting of a local Minutes to be kept CAP44.

265 Local Government [Rev.

2010 and signed.

authority shall be regularly entered in books kept for that purpose, and such minutes shall be conrmed at the same or the next meeting.

(2) The minutes of the proceedings of a meeting of a local authority, when signed by a member describing himself as or appearing to have been chairman of the meeting at which the minutes are conrmed, shall, in the absence of proof of error, be deemed to be a correct record of the proceedings of the meeting of which they purport to be the minutes.

Meetings deemed to 81.

Whenever the minutes of the proceedings of a meeting of a have been duly held.

local authority have been recorded and conrmed, such meeting shall, until the contrary is proved, be deemed to have been duly convened and held, and all the members present at such meeting shall be deemed to have been duly qualied.

Minutes open to 82.

The minutes of the proceedings of a local authority shall inspection.

at all reasonable times be open to the inspection of any ratepayer or voter of the area of the local authority, and the ratepayer or voter may obtain a copy thereof or an extract therefrom; and for the purposes of this section the minutes of any committee which have been formally adopted shall be deemed part of the minutes of the proceedings of the local authority.

Adjournment of 83.

The members present at any meeting of a local authority may meetings.

from time to time adjourn such meeting and, if at any meeting a sufcient number of members are not present to exercise the powers vested in the local authority, the members present, or if there are no members present, the clerk, shall adjourn the meeting and may appoint for the adjourned meeting such day and time as may be considered suitable.

Admission of press 84.

(1) Every meeting of a council shall, within the limits of and public.

L.N.

634/1963.

available accommodation, be open to the public and to duly accredited representatives of any newspaper.

(2) The proceedings of any committee, including a committee of the whole council, or a joint committee shall not be open to the public or the press unless the council or councils appointing the committee or joint committee or the council in the case of a committee of the whole house resolve to admit the public and the press or one or other of them.

Standing Orders.

85.

(1) The standing orders contained in Part I of the Second Schedule shall, so far as applicable, be standing orders of every L.N.

634/1963, 3rd Sch.

local authority, and, where so provided therein, of every committee and subcommittee of a local authority and of every joint committee established under section 93 and of every joint board constituted under section 104, for and in respect of the matters, proceedings and business Local Government CAP.

265 45 Rev.

2010] to which they relate in the same manner and to the same extent as if they were duly made under this section but shall not be capable of any revocation, exclusion or variation by a local authority; and any resolution, by-law or standing order of a local authority purporting to exclude, revoke or vary any such standing order of a local authority inconsistent with any such standing order shall, to the extent of such inconsistency, be void and of no effect.

(2) Subject as aforesaid and to the provisions of this Act, a local authority may with the approval of the Minister make standing orders for the regulation of its proceedings and business and the proceedings and business of any committee appointed by it and of any subcommittee appointed by any of its committees, and, jointly with the local authority or authorities which concur in appointing a joint committee or in constituting a joint board, for regulating the proceedings and business of that joint committee or joint board, and may, in like manner, from time to time vary or revoke any such standing orders.

(3) A local authority may, with the approval of the Minister adopt, with or without modications, all or any of the standing orders contained in Part II of the Second Schedule, and may from time to time vary or revoke with the approval of the Minister any such standing order adopted as aforesaid.

(4) If no standing orders are made by a local authority, or, if standing orders are made by a local authority, then, in so far as those standing orders do not exclude or modify the standing orders contained in Part II of the Second Schedule, the standing orders contained in Part II of that Schedule shall, so far as applicable, be the standing orders of the local authority for and in respect of the matters, proceedings and business to which they relate in the same manner and to the same extent as if they were duly made by the local authority under this section.

(5) The Minister in respect of the Second Schedule may from time to time, by order, amend the said Schedule whether by adding thereto or inserting therein any new standing order or by amending, varying or revoking any standing order contained therein or otherwise; and any such amendment may be in respect of any particular local authority or any class of local authorities or of local authorities generally.

86.

(1) The chairman of a local authority may, from time to time, Summoning of public meetings.

summon at such place and time as he may determine, public meetings of the inhabitants of the area of jurisdiction of the local authority for the discussion of any local government matter affecting the inhabitants which he considers to be of public importance: Provided that no such meeting shall be summoned for the purpose CAP46.

265 Local Government [Rev.

2010 of promoting, opposing or discussing the election of any person as a member of that local authority or as a member of Parliament.

(2) Nothing in this section shall be construed as derogating from the provisions of any other written law respecting the holding of public meetings.

part valIMItatIONS aS tO pOwerS aNd lIabIlItIeS OF MeMberS aNd OFFICerS OF lOCal authOrItIeS Limitation of powers 86A.

(1) No member of a local authority shall give orders with of members.

regard to any matter under the jurisdiction of that local authority or 11 of 1984, s.

14.

give instructions to any ofcer or employee of that local authority.

(2) No member of a local authority shall, unless so authorized in writing by that local authority or a committee thereof (a) inspect land or premises which that local authority has the right or duty to inspect or enter upon, or give orders respecting, works which are being carried out by or on behalf of that local authority; or (b) engage in correspondence for or on behalf of that local authority, particularly with regard to conveying decisions or instructions of that local authority.

(3) A member of a local authority who contravenes any provision of this section shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

Exemption of 87.

No matter or thing done or omitted to be done and no contract members, etc., from personal liability.

entered into by a local authority, and no matter or thing done or omitted to be done by any member or ofcer of a local authority, shall, if the matter or thing were done or omitted to be done or the contract were entered into in good faith for the purpose of this Act, or of any other written law conferring powers or imposing duties on the local authority, its members or ofcers, subject any such person personally to any action, liability, claim or demand whatsoever; and any expense incurred by a local authority or any such person in consequence of such action shall be paid by the local authority out of its revenues: Provided that nothing in this section shall exempt any such member, ofcer or other person aforesaid from liability to be surcharged by the inspector under section 236.

Validity of acts of 88.

All otherwise lawful acts of a local authority or of any person local authorities, acting as chairman, vice-chairman or member of a local authority or as Local Government CAP.

265 47 Rev.

2010] members and clerk or any other ofcer of a local authority shall, notwithstanding that ofcers.

it be discovered that there was some defect in the election, nomination or appointment of that person or that he was disqualied or not qualied, be as valid and effectual as if such person had been duly elected, nominated or appointed and had been qualied.

89.

(1) If a member of a local authority has any pecuniary interest, Disability of direct or indirect, in any contract or proposed contract or other matter, members from voting and is present at a meeting of the local authority at which the contract, on account of interest in contracts, etc.

proposed contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract, proposed contract or other matter: Provided that (i) this section shall not apply to an interest in a contract, proposed contract, or other matter which a member of the local authority may have as a ratepayer or inhabitant of the area under the jurisdiction of the local authority, or as an ordinary consumer of water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public; and (ii) a member shall be deemed to have disclosed, at a meeting of the local authority, any pecuniary interest in a contract, proposed contract or other matter if (a) he had disclosed that interest at a meeting of any committee or subcommittee of the local authority, or at a meeting of any joint mmittee appointed by the local authority jointly with another local authority or authorities, at which that contract, proposed contract or other matter was the subject of consideration; and (b) such disclosure is recorded in the minutes of the proceedings of that meeting of the committee, subcommittee or joint committee; and (c) those minutes are before the local authority at that meeting of the local authority, but whether he discloses or is deemed to have disclosed such interest, he shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract, proposed contract or other CAP48.

265 Local Government [Rev.

2010 matter in which he has that interest.

(2) For the purposes of this section, a person (subject as hereafter in this section provided shall be treated as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if (a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or (b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration: Provided that (i) this paragraph shall not apply to membership of, or em- ployment under, any public body; (ii) a member of a company or other body shall not, by reason only of his membership, be treated as being so interested if he has no benecial interest in any shares or stock of that company or other body.

(3) In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this section to be also an interest of that other spouse.

(4) The clerk shall record, or cause to be recorded in the minutes of the proceedings of every meeting of the local authority particulars of every disclosure made under this section.

(5) If any person fails to comply with subsection (1) he shall be guilty of an offence and shall for each offence be liable to a ne not exceeding two thousand shillings, unless he proves that he did not know that a contract, proposed contract, or other matter in which he had a pecuniary interest was the subject of consideration at the meeting.

(6) A prosecution for an offence against this section shall not be instituted except by or on behalf of the Attorney-General.

(7) The Minister may, subject to such conditions as he may think t to impose, remove any disability imposed by this section in any case in which the number of members of a local authority so disabled at any one time would be so great a proportion of the whole as to impede the Local Government CAP.

265 49 Rev.

2010] transaction of business by that local authority, or in any other case in which it appears to the Minister that it is in the interests of the inhabitants of the area under the jurisdiction of the local authority that the disability should be removed.

90.

(1) No member of a local authority shall act as an advocate Restriction on against any of the following local authorities advocacy against, and acting as auditor (a) against the local authority of which he is a member; for, local authorities and committees.

(b) if he is a member of the council of a county, against the 11 of 1984, s.

15.

council of any county division within that county; (c) if he is a member of the council of a county division, against the council of that county or any county division situated in the same county.

(2) No member of a local authority shall by himself or his partner or his agent act as an advocate of any other person or in any professional capacity represent any other person (a) before any Valuation Court appointed by any local authority against which he is prohibited by subsection (1) from acting as an advocate; or (b) before any committee of any such local authority appointed to consider or deal with any application which the local authority is empowered to consider or deal with.

(3) No member of a local authority or his partner or his employer or employee, and no company of which a member of a local authority is a director, shall act for reward as an auditor for any local authority against which that member if he were an advocate, would be prohibited by subsection (1) from acting as an advocate.

part vICOMMItteS, JOINt COMMItteeS aNd SubCOMMItteeS Committees 90A.

In this Part the terms chairman and vice-chairman shall, Interpretation of part.

in respect of a municipal council, be deemed to refer respectively to the mayor and deputy mayor.

11 of 1984, s.

16.

91.

(1) A local authority may appoint a committee for any such General power of general or special purpose as in its opinion would be better regulated and local authorities to appoint committees.

managed by means of a committee, and may delegate to a committee CAP50.

265 Local Government [Rev.

2010 so appointed, with or without restrictions or conditions, as the local authority thinks t, any function exercisable by the local authority either with respect to the whole or any part of the area under the jurisdiction of the local authority, except the power of levying a rate, or borrowing money or of making by-laws.

(2) Every councillor shall be elected by the council to serve on at least one committee and in appointing its committees a local authority shall, where political parties have taken part in an election, or where special interests have been nominated to the local authority under this Act, make its appointments in such a manner that each committee represents, so far as possible and reasonably practicable, the representation of the political parties or such special interests in the council.

(3) The chairman and the vice-chairman of a local authority shall be ex ofcio members of every committee appointed by that local authority under this section.

(4) The number of members of a committee appointed under this section, their term of ofce, and the area, if any, within which the committee is to exercise its authority, shall be xed by the local authority appointing it.

(5) A committee appointed under this section may include persons who are not members of the local authority: Provided that at least two-thirds of the members of every committee shall be members of the local authority.

(6) Where the local authority has not appointed a chairman and a vice-chairman, each committee appointed under this section shall at its rst meeting, before proceeding to any other business, elect its own chairman and may elect a vice-chairman and the election shall, in the event of equality of votes for two or more candidates, be determined by lot between those candidates.

(7) Every member of a committee appointed under this section who at the time of his appointment was a member of the local authority by which he was appointed shall, upon ceasing to be a member of that authority, also cease to be a member of the committee: Provided that for the purposes of this section a member of a local authority shall not be deemed to have ceased by reason of retirement to be a member of the local authority, if he has been re-elected, re- nominated or re-appointed a member thereof not later than the day of his retirement.

Local Government CAP.

265 51 Rev.

2010] (8) Nothing in this section shall authorise the appointment of a committee for any purpose for which the local authority is authorised or required to appoint a committee by any other provision of this Act, or by any other written law for the time being in force.

(9) A committee shall not incur any expenditure in excess of the amount allowed by the local authority or its nance committee.

92.

(1) A municipal council and a county council or town council Finance committees.

L.N.

279/1963, shall appoint, and the Minister may require any other local authority L.N.

634/1963, to appoint, from time to time, a nance committee consisting of the L.N.

749/1963, L.N.

34/1965, chairman and the vice-chairman of the local authority, who shall be 31 of 1971, Sch., ex ofcio members of the nance committee, and such number of 11 of 1984, Sch.

other members of the local authority as it thinks t for regulating and controlling the nances of that local authority, and shall x the term of ofce of the members of the committee: Provided that an urban council, and any other local authority with the approval of the Minister, may assign to the committee appointed under this section, the regulation and management of such general purpose or purposes as the local authority may determine in addition to regulating and controlling the nances of that local authority and such committee shall thereupon be the nance and general purposes committee of that local authority and in this Act or any other written law any reference to the nance committee of a local authority shall in any such case be construed as a reference to the nance and general purposes committee appointed under this subsection.

(2) Where the local authority has not appointed a chairman and a vice-chairman of the nance committee the nance committee shall elect its own chairman and may elect a vice-chairman and the election shall, in the event of equality of votes for two or more candidates, be determined by lot between those candidates.

(3) Every member of a nance committee appointed under this section shall, upon ceasing to be a member of the local authority by which he was appointed, also cease to be a member of the committee: Provided that for the purposes of this subsection a member of a local authority shall not be deemed to have ceased by reason of retirement to be a member of the local authority, if he has been re- elected, re-nominated or re-appointed a member thereof not later than the day of his retirement.

(4) No payment shall be made out of a local authoritys funds unless either CAP52.

265 Local Government [Rev.

2010 (a) it has been provided for in the approved annual or revised or supplementary estimates of expenditure and authorised by that local authority, or any committee or subcommittee duly acting under this Act and any standing orders; or (b) it is permitted by the terms of any order made under this section.

(5) The duties of the nance committee shall include (a) advising the local authority on nancial matters; (b) advising the local authority on all rating matters; (c) supervising the recovery of moneys due to the local authority and generally the whole nancial arrangements of the local authority; and (d) exercising such other functions as are by this Act or by any other written law imposed on the nance committee.

(6) Every local authority having a nance committee or a nance and general purpose committee shall with the approval of the Minister make provision, by way of standing orders, with respect to the matters standing referred to the nance committee or nance and general purposes committee and with respect to the functions of the local authority delegated to such committee.

Joint Committees Joint committees.

93.

(1) A local authority may concur with any one or more other L.N.

634 of 1963.

local authorities in appointing from amongst their respective members a joint committee of those local authorities for any purpose in which they are jointly interested, and may delegate to the joint committee, with or without restrictions or conditions, as they think t, any functions of the local authorities relating to the purpose for which the joint committee is formed, except the power of levying a rate or borrowing money or making by-laws.

(2) Subject to this section, the number of members of a joint committee appointed under this section, the terms of ofce of the members thereof, and the area, if any, within which the joint committee is to exercise its authority, shall be xed by the appointing local authorities.

(3) Where the local authorities concerned have not jointly Local Government CAP.

265 53 Rev.

2010] appointed a chairman and a vice-chairman, a joint committee shall elect its own chairman and may elect a vice-chairman and the election shall, in the event of equality of votes for two or more candidates, be determined by lot between those candidates.

(4) Every member of a joint committee appointed under this section shall, upon ceasing to be a member of the local authority which appointed him, also cease to be a member of the committee: Provided that for the purpose of this subsection a member of a local authority shall not be deemed to have ceased by reason of retirement to be a member of the local authority, if he has been re- elected, re-nominated or re-appointed a member thereof not later than the day of his retirement.

94.

(1) Any expenses incurred by a joint committee appointed Expenses and under this Part shall be defrayed by the local authorities by which the accounts of joint committee is appointed in such proportions as they may agree upon, or, committees.

in default of agreement, as may be determined by the Minister.

(2) Where any expenses are incurred by a joint committee, the accounts shall be made up yearly to the 31st December, and shall be audited as provided in Part XVII.

Subcommittees 95.

A committee appointed under this Part may appoint a Subcommittees.

subcommittee from amongst the members of that committee for any such special purpose as the committee may deem expedient, but, in the absence of express authority in that behalf from the local authority which appointed that committee, it shall not be lawful for the committee to delegate any of its executive functions to any such subcommittee.

General Provisions Respecting Committees, Joint Committees and Subcommittees 96.

Section 89 shall apply in respect of members of a committee or Disability from a subcommittee of a local authority or of any joint committee appointed voting on account of interest in contracts, by agreement between local authorities, whether the committee, etc.

subcommittee or joint committee is appointed under this Act or any other written law, as that section applies in respect of members of local authorities, subject to the following modications (a) reference to meetings of the committee, or joint committee, as the case may be, shall be substituted for the references to meetings of the local authority; and CAP54.

265 Local Government [Rev.

2010 (b) references to the person responsible for recording the minutes of the meetings of the committee, subcommittee or joint committee, as the case may be, shall be substituted for the reference to the clerk in section 89 (4).

Chairman to preside 97.

(1) At every meeting of a committee, subcommittee or joint and have casting committee the chairman, or in his absence the vice-chairman (if any), vote.

shall preside; and in the absence of both the chairman and the vice- chairman (if any) the members present shall elect a chairman from amongst themselves to preside at the meeting, and the election shall, in the event of equality of votes for two or more candidates, be determined by lot between those candidates.

(2) The person presiding at a meeting of a committee, subcommittee or joint committee shall, subject to the provisions of this Act or any other written law have a second or casting vote.

Validity of acts of 98.

All otherwise lawful acts of a committee, subcommittee or committee, etc.

joint committee, or of any person acting as chairman, vice-chairman or member of a committee, subcommittee or joint committee, appointed under this Act, or as the clerk or any other ofcer of such committee, subcommittee or joint committee shall, notwithstanding that it be discovered that there was some defect in the appointment of any such person to, or his appointment or election as chairman, vice-chairman, clerk or ofcer of, such committee, subcommittee or joint committee, or, where such chairman, vice-chairman or member is also a member of the local authority which appointed the committee, or a committee which appointed the subcommittee, or which concurred in the appointment of the joint committee, as the case may be, notwithstanding that it be discovered that there was some defect in the election, appointment or nomination of such person to the local authority or that he was disqualied, be as valid and effectual as if such defect as aforesaid did not exist and such person not disqualied.

Exemption of 99.

No matter or thing done or omitted to be done, and no members of contract entered into, by a committee, subcommittee or joint committee committee, etc., from appointed under this Act, and no matter or thing done or omitted to be personal liability.

L.N.

634/1963.

done by any member or ofcer of, or other person acting under the directions of, any such a committee, subcommittee or joint committee, shall, if the matter or thing was done or omitted to be done, or the contract was entered into, in good faith for the purpose of this Act or any other written law conferring powers or imposing duties on local authorities which under this Act may be exercised or discharged by a committee, subcommittee or joint committee appointed under this Act, subject any such person personally to any action, liability, claim or demand whatsoever, and any expense incurred by such committee, subcommittee or joint committee or any such person, in consequence of Local Government CAP.

265 55 Rev.

2010] such action, shall be paid, in the case of a committee or subcommittee, by the local authority which appointed the committee or the committee which appointed the subcommittee, out of its revenue and in the case of a joint committee, as provided in section 94 for defraying the expenses of a joint committee: Provided that nothing in this section shall exempt any such member, ofcer or other person aforesaid from liability to be surcharged by the inspector under section 236.

100.

(1) Such previous notice in writing as may be xed Notice of meetings of committees, etc.

by standing orders under section 85 of the time and place, and the business proposed to be transacted at, every meeting of a committee, a subcommittee or a joint committee shall be served on every member thereof and, in the case of a committee of an urban council or a joint committee appointed by an urban council together with any other local authority or authorities, on such persons as the Minister may from time to time specify: Provided that the accidental omission to serve any notice required to be served under this section shall not affect the validity of the meeting.

(2) Except as may be provided to the contrary in standing orders applicable to the committee, subcommittee or joint committee, no business shall be transacted at a meeting of a committee, subcommittee or joint committee other than that specied in the notice relating thereto.

101.

(1) Minutes of the proceedings of every meeting of a Minutes of committees, etc.

committee, a subcommittee or a joint committee shall be regularly entered in books kept for that purpose, and the minutes shall be conrmed at the same or the next meeting of the committee, the subcommittee or the joint committee: Provided that (i) the minutes of a committee, if not conrmed at the same meeting, need not be conrmed at the next meeting of the committee if, before that meeting, they are conrmed at a meeting of the local authority which appointed the committee, by a majority of the members of the commit- tee who were present at the committee meeting to which the minutes relate; (ii) the minutes of a subcommittee, if not conrmed at the same meeting, need not be conrmed at the next meeting CAP56.

265 Local Government [Rev.

2010 of the subcommittee if, before that meeting they are con- rmed at the meeting of the committee which appointed the subcommittee, or at a meeting of the local authority which appointed such committee by a majority of the members of the subcommittee who were present at the subcommittee meeting to which the minutes relate.

(2) The minutes of the proceedings of a meeting of a committee, a subcommittee or a joint committee, when signed by a person describing himself as or appearing to have been the chairman of the meeting at which the minutes are conrmed, whether that meeting is a meeting of the committee, the subcommittee or the joint committee to which the minutes relate or a meeting of the local authority or committee at which the minutes of the committee or subcommittee, as the case may be, are conrmed shall in the absence of proof of error, be deemed to be a correct record of the proceedings of the meeting of which they purport to be the minutes.

(3) The names of the members present at a meeting of a committee, a subcommittee or a joint committee shall be recorded in the minutes thereof.

(4) Whenever the minutes of the proceedings of a committee, a subcommittee or a joint committee have been recorded and conrmed, such meeting shall, until the contrary is proved, be deemed to have been duly convened and held, and the committee, subcommittee or joint committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

Inspection of minutes 102.

Sections 82 and 83 shall, mutatis mutandis, apply respectively and adjournment of meetings to the minutes of, and to adjournment of meetings of, a committee, subcommittee and joint committee: Provided that section 82 shall only apply to the minutes of a committee, subcommittee or joint committee which exercises delegated powers and to the minutes of any other committee, subcommittee or joint committee when such minutes have been adopted by the local authority.

Staff committees 103.

(1) Where a local authority has appointed a joint staff and joint staff committee comprising representatives of both the local authority and its committees.

employees, subsection (5) of section 89 shall not apply to membership of such committee.

(2) Where a local authority has appointed a staff committee or a joint staff committee then no representative of a local authority on such a committee shall be a person who is a member of a trade union whose Local Government CAP.

265 57 Rev.

2010] membership comprises members of the staff of the local authority.

part vIIJOINt bOardS 104.

(1) Where Constitution, etc., of (a) a local authority enters into a contract, arrangement joint board.

or agreement with any other local authority or local authorities for, or with respect to, the doing and the control or management jointly by the local authorities entering into the contract, arrangement or agreement aforesaid of any of the things provided for in this Act, or of any matter or thing which those local authorities are all empowered to do, control or manage, and such local authorities request the Minister to exercise his powers under this section; or (b) a local authority is desirous of acting jointly with the Government in exercise of any of the powers conferred upon it by or under this Act or any other written law, then, in either case, the Minister may, by order, constitute a joint board and direct that, so long as such order remains in force, the board shall have and may exercise subject to such limitations and conditions (if any) as may be specied in the order and, in the former case, subject to the terms and conditions of such contract, arrangement or agreement, the powers of each of the local authorities entering into such contract, arrangement or agreement as aforesaid, in respect of the doing and the control and management of the thing or matter for or with respect to which such contract, arrangement or agreement was entered into, or, as the case may be, the powers of the local authority referred or in paragraph (b).

(2) A joint board constituted under this section shall, under the name assigned to it in the order constituting it, be a body corporate with perpetual succession and a common seal (with power to alter such seal from time to time), and shall by such name be capable in law of suing and being sued and of acquiring, holding and alienating land.

(3) An order constituting a joint board under this section may (a) subject to subsection (4), provide for regulating the appointment and term of ofce of members of the board, for regulating the meetings and proceedings of, and the execution of documents by or on behalf of, the board, and for regulating the nances, investments, accounts and executive and administrative functions of the board; and CAP58.

265 Local Government [Rev.

2010 (b) apply to the board, subject to any necessary modications, any of the provisions of this Act; and (c) contain such other provisions (including provision for the transfer of property and liabilities, and for the adjustment of accounts and apportionment of liabilities) as appear to the Minister to be expedient for enabling the board to exercise its functions.

(4) Every joint board constituted under this section shall consist of (a) in the case specied in subsection (1) (a), an equal number of representatives nominated by each of the local authorities entering into the contract, arrangement or agreement, and where the Minister so directs, of a chairman, appointed by the Minister, and such other members (if any), not exceeding in number the total number of members nominated by the contracting parties, as the Minister may appoint; and (b) in the case specied in subsection (1) (b), an equal number of representatives appointed by the local authority and the Minister respectively and of a chairman appointed by the Minister, and the chairman of a joint board shall be entitled to both a deliberative and a casting vote, and where the Minister has not appointed a chairman, or in the absence or inability to act of the chairman, the board shall elect one of its members to be or to act as chairman and any member of the board so acting shall have both a deliberative and a casting vote.

(5) Every joint board constituted under section 26 of the African District Councils Ordinance, 1950 (now repealed), by an order in force immediately before the coming into operation of this Act shall be deemed to have been constituted under this section, and the powers and duties of, and the property, assets, rights, debts, liabilities and obligations of, and the benet and burden of all contracts made by or on behalf of, any such board shall not be affected by such repeal, and the county council having jurisdiction under this Act over the area of the African District Council which, being desirous of acting jointly with the Government under section 26 of the aforesaid Ordinance, was responsible for the constitution of the joint board shall, in place of that African District Council, be deemed to have been the local authority so desirous as aforesaid, and, notwithstanding such repeal, every such order as aforesaid shall, to the same extent, remain in force as if made under this section, subject to the following modications Local Government CAP.

265 59 Rev.

2010] (a) reference to the African District Council Ordinance, 1950, and to any provisions thereof shall be substituted by reference to this Act and to the corresponding provisions of this Act respectively; and (b) references to African District Councils in the titles thereof shall be substituted by reference to local government; and (c) references to any particular African District Council shall be substituted by reference to the county council having jurisdiction under this Act over the same area as that African District Council had before the coming into operation of this Act.

(6) The Minister may, with the agreement of the local authorities concerned, at any time by order revoke an order constituting a joint board under this section, or deemed to be constituted under this section, and may in any such order provide for the dissolution of the board and for winding-up the affairs of the board and for distributing, transferring or otherwise disposing of the property and liabilities thereof, and for all matters connected therewith or incidental thereto.

105.

(1) The powers and duties of, and the property, assets, rights, Change of status of local authorities not debts, liabilities and obligations of, and the benet and burden of all to affect joint boards.

contracts made by or on behalf of, a joint board shall not be affected by the establishment under this Act of a new local authority in place of any interested local authority and the new authority shall be deemed to be an interested local authority in lieu of the local authority which it replaces, and the order constituting any such joint board shall, to the same extent, continue in force subject to references to such new local authority being substituted for references to the local authority which it replaces.

(2) In respect of a joint board constituted pursuant to a request under section 104 (1) (a), each of the local authorities specied in the order shall be an interested local authority for the purpose of this section; and in respect of a joint board constituted pursuant to section 104 (1) (b), the local authority which was desirous of acting jointly with the Government for the purpose specied in that paragraph shall be an interested local authority for the purpose of this section.

106.

Subject to any provisions to the contrary contained in an Meetings and order constituting a joint board, Part V and Part VI shall apply, mutatis proceedings at joint boards.

mutandis, to a joint board.

CAP60.

265 Local Government [Rev.

2010 PART VIIA(Repealed by 11 of 1984, s.

17.).

106A (Repealed by No.

11 of 1984, s.

17.).

106B part vIIIOFFIerS Municipal Council Ofcers Appointment of 107.

(1) Unless the Minister otherwise directs, there shall be appointed by the Public Service Commission to every municipal council municipal ofcers.

a town clerk, town treasurer and town engineer, and unless the Minister 11 of 1984, s.

18.

for the time being responsible for health otherwise directs, a medical ofcer of health and a public health ofcer, and there shall be paid to those ofcers salaries, emoluments and allowances as determined by the council with the approval of the Minister.

(2) An appointment under subsection (1) shall be on a full time basis unless the Minister concerned directs that it be on a part time or consulting basis.

(3) The ofces of town clerk and town treasurer shall not be held by the same person or by persons who stand in relation to each other as partners or as employer and employee.

Appointment of 108.

(1) Where a town clerk, town treasurer, town engineer, deputies to municipal medical ofcer of health or public health ofcer has been appointed under section 107, there may, on the direction of the relevant Minister, ofcers.

also be appointed by the Public Service Commission a deputy of that 11 of 1984, s.

18.

ofcer for the purpose of acting in the place of the ofcer whenever the ofce is vacant or the holder thereof is for any reason unable to act, and a person appointed as a deputy under this section shall, when so acting and subject to the terms of his appointment, have all the functions of the holder of that ofce.

(2) A municipal council shall pay to a person appointed as a deputy under this section salary, emoluments and allowances as it may determine with the approval of the Minister.

(3) An appointment under this section shall be subject to the same qualications as for appointment to the ofce for which he is deputy.

County and Town Council Ofcers Appointment of 109.

(1) Unless the Minister otherwise directs, there shall be county and town appointed by the Public Service Commission to every county and town council a clerk, treasurer and engineer or works superintendent, and there Local Government CAP.

265 61 Rev.

2010] ofcers.

shall be paid to those ofcers salaries, emoluments and allowances as determined by the council with the approval of the Minister.

11 of 1984, s.

18.

(2) An appointment under subsection (1) shall be on a full time basis unless the Minister directs that it be on a part time or consulting basis.

(3) The ofces of clerk and treasurer shall not be held by the same person or by persons who stand in relation to each other as partners or as employer and employee.

110.

(1) Where a clerk, treasurer, engineer or works superintendent Appointment of deputies to county has been appointed under section 109 there may, on the direction of and town ofcers.

the Minister, also be appointed by the Public Service Commission a 11 of 1984, s.

18.

deputy of that ofcer for the purpose of acting in the place of the ofcer whenever the ofce is vacant or the holder thereof is for any reason unable to act, and a person appointed as a deputy under this section shall when so acting and subject to the terms of his appointment, have all the functions of the holder of that ofce.

(2) A county or town council shall pay to a person appointed as a deputy under this section salary, emoluments and allowances as it may determine with the approval of the Minister.

(3) An appointment under this section shall be subject to the same qualications and disqualications as for appointment to the ofce for which he is deputy.

Urban Council Ofcers 111.

(1) The clerk and other ofcers of a county council shall, Ofcers for urban council.

except where ofcers are appointed under subsection (2) to the 11 of 1984, s.

18.

corresponding post, act as clerk and ofcers respectively of the urban council of a county division within the county.

(2) An urban council may, with the approval of the Minister and the consent of the council of the county in which its division is situated, and subject to such conditions as to the manner of carrying out the duties of the ofce as that county council may specify, and shall if so directed by the Minister, employ its own clerk or other ofcers which shall be appointed by the Public Service Commission and shall pay to those ofcers salaries, emoluments and allowances as may be determined by the urban council with the approval of the Minister.

Provisions relating to Ofcers of all Councils 112.

In addition to the ofcers appointed under any of the Appointment of other CAP62.

265 Local Government [Rev.

2010 ofcers.

foregoing sections of this Part there may be appointed by the Public 11 of 1984, s.

18.

Service Commission such other ofcers as may be necessary, and the council to which the ofcers are appointed shall pay them salaries, emoluments and allowances as it may determine; and in the case of a county council there may likewise be appointed such additional ofcers as may be necessary for carrying out the functions of the councils of county divisions within the county.

Appointment of 113.

With the approval of the Minister a public ofcer may be seconded public seconded to the service of a council and appointed to any ofce in its ofcers.

service.

11 of 1984, s.

18.

Interpretation 114.

A reference in sections 107 to 112 inclusive to the Public where Public Service Commission Service Commission includes, where the power to appoint has been delegates.

delegated by the Commission to a local authority, a reference to that local authority.

11 of 1984, s.

18.

115 to 118.

(Repealed by 11 of 1984, s.

18.).

Local Council Ofcers 119 } 120 (Repealed by 11 of 1984, s.

19.).

Qualications and Disqualications of Ofcers Members of local 121.

A person shall, so long as he is, and for six months after he authorities not to be ceases to be, a member of a local authority, be disqualied from being appointed to a paid ofce in the service of that local authority but for appointed as ofcers.

the purposes of this section the ofce of mayor or chairman shall not 11 of 1984, s.

20.

be deemed to be a paid ofce.

Qualications of 122.

No person shall be appointed as town clerk of a municipal town clerk and clerk.

council or clerk of a county council or town council unless he is 31 of 1971, Sch., qualied in accordance with section 12 or section 13 of the Advocates 11 of 1984, Sch.

Cap.

16.

Act, or has not less than ten years experience of local government administration: Provided that in any particular case the Public Service Commission may, after such consultation as it may deem necessary, approve the appointment of a person as town clerk or clerk, notwithstanding that he is not qualied as aforesaid.

123.

No person shall be appointed as town treasurer of a municipal Qualications of council or as treasurer of a county council or town council unless he town treasurer and is a member of the Institute of Municipal Treasurers and Accountants Local Government CAP.

265 63 Rev.

2010] or of any of the professional bodies approved under the Accountants treasurer of county Act or has at least ten years experience as a senior member of a local councils or town authority treasurers department: councils.

L.N.

634/1963, Provided that L.N.

34/1965, 31 of 1971, Sch., (i) in any particular case the Public Service Commission 11 of 1984, Sch., Cap.

531.

may, after such consultation as it may deem necessary, approve the appointment of any person as town treasurer or treasurer, notwithstanding that he is not a member as aforesaid; (ii) this section shall not apply to, or in relation to, a town treasurer or treasurer of a municipal council, county council or town council which employs or has seconded to it a nancial adviser who is a member as aforesaid.

124.

A person shall not be appointed as town engineer of a Qualications of municipal council or as engineer of a county council or town council town engineers and unless he is a member or an associate member of the Institution of Civil engineers of county Engineers or of the Institution of Municipal Engineers: councils or town councils.

Provided that in any particular case the Public Service Commission 31 of 1971, Sch., 11 of 1984, Sch.

may, after such consultation as it may deem necessary, approve the appointment of a person as town engineer of a municipal councilor or as engineer of a county council or town council, as the case may be, who is not qualied as aforesaid.

125.

No person shall be appointed as medical ofcer of health or Qualications of medical ofcers of public health ofcer of a municipal council unless he possesses such health and public qualications as may be prescribed in relation to such ofce under the Public Health Act.

health ofcers.

L.N.

41/1970, L.N.

72/1977, Tenure of Ofce Cap.

242.

126.

(Repealed by L.N.

634 of 1963.).

127.

(Repealed by 11 of 1984, s.

21.).

128.

(Repealed by L.N.

634 of 1963.).

Status and Duties of Certain Ofcers.

129.

(1) The town clerk of a municipal council and the clerk of Status, powers and every other local authority, shall be the chief executive and administrative duties of town clerk ofcer of the local authority of which he is the town clerk or the clerk, as and clerk.

the case may be, and shall have the general responsibility of coordinating CAP64.

265 Local Government [Rev.

2010 the whole of the work of the local authority.

(2) In the discharge of the functions of his ofce he shall have all the powers and duties conferred and imposed upon the town clerk or the clerk, as the case may be, by this Act or any other written law and, in particular, but without prejudice to the generality of the foregoing, he shall have the powers and duties assigned to him by, and be responsible for the matters specied in, Part I of the Third Schedule, and such other duties as may be assigned to him by the local authority of which he is the town clerk or the clerk, as the case may be.

(3) The Minister may from time to time, by order, amend Part I of the Third Schedule.

(4) The town clerk or clerk, or other ofcer thereto authorised in writing by the town clerk or clerk, may subject to the general or specic directions of the local authority, exercise the powers of the local authority, and all acts done by such ofcer in exercise of those powers shall be deemed to have been done by the local authority.

130.

(1) The town treasurer of a municipal council and the Status, powers and duties of chief treasurer of every other local authority, or, in the case of a local authority to which a nancial adviser has been appointed or which has nancial ofcer.

had a nancial adviser seconded to it, then the nancial adviser, shall 11 of 1984, Sch., be the chief nancial ofcer of the local authority of which he is town treasurer, treasurer or nancial adviser, as the case may be, and shall be primarily charged with the general responsibility for all matters of nance and accounts of the local authority.

(2) In the discharge of the functions of his ofce, the chief nancial ofcer shall have all the powers and duties conferred and imposed upon the town treasurer or the treasurer, as the case may be, by this Act or, any other written law and, in particular, but without prejudice to the generality of the foregoing, he shall have the powers and duties assigned to him by, and be responsible for the matters specied in Part Third Schedule.

II of the Third Schedule and such other duties as may be assigned to him by the local authority of which he is the chief nancial ofcer.

(3) The Minister may from time to time, by order, amend Part II of the Third Schedule.

131.

(1) The medical ofcer of health of a municipal council Status, power and shall be the chief medical adviser for the municipal council and shall duties of medical be responsible to the municipal council for all matters relating to health ofcer of health.

for which the municipal council is responsible.

L.N.

41/1970.

(2) In the discharge of the functions of his ofce, a medical Local Government CAP.

265 65 Rev.

2010] ofcer of health shall have all the powers and duties conferred and imposed upon the medical ofcer of health of the municipal council of which he is such ofcer by this Act or any other written law and, in particular, but without prejudice to the generality of the foregoing, he shall perform such duties as may be prescribed under the Public Health Cap.

242.

Act and such other duties as may be assigned to him by the municipal council of which he is the medical ofcer of health.

132.

(1) The town engineer of a municipal council and the Status, power and duties of town engineer or, where there is no engineer, the works superintendent, of engineer and every other local authority, shall have the general responsibility for engineer.

the engineering works of the local authority of which he is such ofcer (except where the local authority shall have made separate contractual arrangements therefor), and for the maintenance and repair of all roads, drains, streets and bridges for which the local authority is responsible and for such other matters as may be assigned to him by the local authority.

(2) In the discharge of the functions of his ofce, the town engineer, the engineer or, where there is no engineer, the works superintendent of a local authority shall have all the powers and duties conferred and imposed upon the town engineer or the engineer of a local authority, as the case may be, by this Act or any other written law and such other duties as may be assigned to him by the local authority of which he is an ofcer.

133 } 134 (Repealed by 11 of 1984, s.

21.).

135.

(1) A local authority shall, in the case of an ofcer employed Security to be given by ofcers.

by it, whether under this or any other written law, who by reason of 11 of 1984, s.

22.

his ofce or employment is likely to be entrusted with the custody or control of money and may, in the case of any other ofcer employed by it, either require him to give, or itself take, such security for the faithful execution of his ofce and for his duly accounting for all money or property which may be entrusted to him, as the local authority thinks sufcient.

(2) A local authority may, in the case of a person not employed by it but who is likely to be entrusted with the custody and control of money or property belonging to the local authority, take such security as it thinks sufcient for the person duly accounting for all money or property.

(3) An urban council may comply with the provisions of this section under arrangements made with the county council in whose area the urban council is situated.

CAP66.

265 Local Government [Rev.

2010 (4) (Repealed by 11 of 1984, s.

22.).

(5) A local authority, shall, in the case of persons not employed by it, and may in any other case, defray the cost of any security given or taken under this section, and every such security shall, on demand, be produced to the inspector at the audit of the accounts of the local authority.

Accountability of 136.

(1) Every ofcer employed by a local authority, whether ofcers.

under this Act or any other written law, including a public ofcer seconded to a local authority, shall at such times during the continuance of his ofce, or within three months of his ceasing to hold ofce, and in such manner as the local authority directs, make out and deliver to the local authority, or as it directs, a true account in writing of all money and property committed to his charge and of his receipts and payments, with vouchers and other documents and records supporting the entries therein, and a list of persons from whom or to whom money is due in connexion with his ofce, showing the amount due from or to each.

(2) Every such ofcer shall pay all money due from him to the treasurer of the local authority or otherwise as the local authority may direct.

(3) If any such ofcer (a) refuses or wilfully neglects to make any payment which he is required by this section to make; or (b) after three days notice in writing signed by the clerk of the local authority and given to him or left at his last known place of residence or postal address, refuses or wilfully neglects to make out or deliver to the local authority, or as the local authority directs, any account or list which he is required by this section to make out and deliver, or any voucher, other document or record relating thereto or to give satisfaction respecting it to the local authority or as the local authority directs, a subordinate court of the rst class having jurisdiction within the area of the local authority may, on complaint by the local authority, by order require such ofcer to make such payment or delivery or to give such satisfaction.

(4) If any person fails to comply with an order made under subsection (3) he shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not Local Government CAP.

265 67 Rev.

2010] exceeding two months or to both such ne and imprisonment.

(5) Nothing in this section contained shall derogate from a local authoritys right to recover by any normal process of law any sum due to it from any ofcer, save that proceedings under this section and proceedings being any normal process of law, for recovery of the same sum, shall not be maintained at the same time.

137.

(1) If it comes to the knowledge of an ofcer employed, Disclosure by ofcers of interest in whether under this Act or any other written law, by a local authority, contracts.

that a bargain, contract or arrangement in which he has any pecuniary interest, whether direct or indirect (not being a bargain, contract or arrangement to which he is himself a party) has been, or is proposed to be, made or entered into by the local authority or any committee thereof, he shall as soon as practicable, give notice in writing to the local authority of the fact that he is interested therein.

(2) An ofcer of a local authority shall not, under colour of his ofce or employment, exact or accept any fee or reward whatsoever other than his proper remuneration.

(3) If any person fails to comply with subsection (1) or contravenes subsection (2), he shall be guilty of an offence and shall, for every such offence, be liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such ne and imprisonment.

(4) Any prots, fees and reward which may have accrued to such ofcer, or which may accrue to him, by reason of such bargain, contract or arrangement shall be deemed to have accrued or to accrue to him for and on behalf of the local authority and may be recovered by the local authority before any court of competent jurisdiction.

(5) For the purposes of this section an ofcer shall be treated as having indirectly a pecuniary interest in a bargain, contract or arrangement if he would have been so treated by virtue of subsection (2) or subsection (3) of section 89 had he been a member of the local authority.

(6) Reference in this section to a local authority shall include reference to a joint committee appointed under section 93 or to a joint board constituted under section 104.

(7) Any ofcer who is convicted of an offence under this section shall be dismissed forthwith from his ofce and section 127 shall not apply to such dismissal.

CAP68.

265 Local Government [Rev.

2010 Restriction on 138.

(1) Subject to subsection (2), an ofcer in the full time engaging in private service of any local authority shall not, except with the permission of practice, etc.

L.N.

72/1977.

the local authority, engage in private practice, render any professional assistance or advice to any person otherwise than in connexion with or in the course of his employment by the local authority, whether on payment or otherwise, or accept any paid employment, and any payment received by such ofcer for or on account of or arising out of any such private practice, professional assistance or advice or employment as aforesaid (whether with the permission of the local authority or without such permission) shall be credited to and shall be deemed to be part of the general revenue of the local authority except where the local authority, in respect of the whole or any part thereof, authorizes retention by the ofcer concerned.

(2) A medical ofcer of health or a public health ofcer shall not except with the consent of his employing authority and the approval of the Minister for the time being responsible for Health, engage in any private practice, or in any private work arising out of or in any way connected with the discharge of his duties.

Transfers of pension 139.

(1) Where an ofcer of a local authority, being a member and other rights.

of a pension, provident or benevolent fund established by such local authority under section 151, transfer to the service of another authority administering a pension, provident or benevolent fund established by it under that section and of which, under the rules appertaining thereto, he is eligible to become a member, then the two local authorities concerned shall, at his request, arrange for the transfer from the rst-mentioned fund to the second-mentioned fund of all sums in the rst-mentioned fund standing to the credit of such ofcer, including contributions made by the local authority on behalf of such ofcer and the contributions (if any) of any other local authority transferred to the fund under this section.

(2) Upon the transfer under this section of moneys standing to the credit of an ofcer to the fund of a local authority, such ofcer shall be deemed to have become a member of such fund with effect from the earliest date upon which, had he then been in the like service of the aforesaid local authority, he would have been eligible to become a member of such fund or with effect from his notional membership date, whichever is the earlier.

(3) For the purpose of this section an ofcers notional membership date shall be (a) in the case of an ofcer the moneys standing to whose credit in the fund on the local authority rst-mentioned in subsection (1) do not include any moneys transferred under Local Government CAP.

265 69 Rev.

2010] this section to that fund from the fund of any other local authority, the date on which the ofcer became a member of the fund of such rst-mentioned local authority; (b) in the case of an ofcer the moneys standing to whose credit in the fund of the local authority rst-mentioned in subsection (1) includes moneys paid into the fund or funds of any other local authority or local authorities and transferred under this section directly or successively to the fund of such rst-mentioned local authority, the date on which the ofcer became a member of the fund of such earlier local authority or of the earliest of such earlier local authorities, as the case may be.

(4) Where an ofcer makes a request under subsection (1) and the ofcer or the local authority to whose service he transfers considers that subsection (2) would cause nancial disadvantage to the ofcer or to the local authority, as the case may be, then either party may apply to the Minister for directions as to any adjustments which may be necessary to effect the transfer in an equitable manner and such transfer shall then only take place if the ofcer and the local authority express their agreement with the directions of the Minister.

140.

(1) Where an ofcer of a local authority being a member Transfers in relation to Local Authorities of a pension, provident or benevolent fund established by such local Provident Fund.

authority under section 151, transfers to the service of another local Cap.

272.

authority which is not administering a pension, provident or benevolent fund of which such ofcer is eligible to become a member, but to which the Local Authorities Provident Fund Act applies in respect of the post to which such ofcer transfers then, the sums in the pension, provident or benevolent fund of the rst-mentioned local authority standing to the credit of such ofcer (including contributions made by such ofcer and contributions made by such local authority on behalf of such ofcer and the contributions (if any) of any other local authority and accrued interest on all such contributions) shall, at the request of such ofcer, be transferred to stand to the credit of such ofcer in the Local Authorities Provident Fund established under the said Act.

(2) Where an ofcer of a local authority who is a contributor to the Local Authorities Provident Fund established under the Local Authorities Provident Fund Act, transfers to the service of another local authority to which, or to the post held by him in the service of which, that Act does not apply, then, at his option (a) his service with the rst-mentioned local authority shall as from the date of his transfer be deemed to have been terminated within the meaning of section 14 (c) of the CAP70.

265 Local Government [Rev.

2010 aforesaid Act and the remaining provisions of that Act shall apply accordingly; or (b) if the local authority to which he transfers administers a pension, provident or benevolent fund of which he is eligible to become a member, his account in the Local Authorities Provident Fund shall be closed with effect from the date of his transfer and all moneys otherwise payable to him or to any other person by virtue of paragraph (a) shall be transferred to the fund of such local authority and subsections (2), (3) and (4) of section 139 shall, mutatis mutandis, apply in respect thereof.

Right to attend 141.

(1) The clerk, treasurer, medical ofcer of health and meetings and require engineer, or the works superintendent where no engineer has been advice to be recorded appointed, of every local authority shall have the right to attend all in certain cases.

meetings of that local authority and of committees and subcommittees thereof.

L.N.

634/1963, 11 of 1984, s.

23.

(2) Where an ofcer referred to in subsection (1) advises the local authority or a committee thereof in the course of his duty on a matter on which his advice is necessary and the local authority or committee resolves to act against or reject his advice, he may require that his advice be recorded in the minutes of that local authority or committee.

(3) Where advice is recorded in minutes in accordance with subsection (2) the local authority shall not act in accordance with a resolution which acts against or rejects the advice of the ofcer unless and until the Minister approves the resolution in writing.

Uniforms.

141A.

The Minister may give to any local authority such directions as he thinks necessary to ensure that uniforms of a suitable kind and 11 of 1967, s.

7.

design and with suitable insignia are worn by appropriate classes of ofcers of that authority.

142.

Notwithstanding any provision to the contrary existing Transfer of ofcers.

11 of 1984, s.

24.

immediately before the commencement of the Local Government (Amendment) Act, 1984, an ofcer may be required to transfer from the service of one local authority to another.

part IXCertaIN pOwerS, dutIeS aNd prOvISIONS relatING tO all lOCal authOrItIeS Power to enter into 143.

(1) A local authority may enter into contracts necessary for contracts.

the discharge of any of its functions.

9 of 1968, Sch., 11 of 1984, Sch.

(2) A local authority may enter into contracts with any other local Local Government CAP.

265 71 Rev.

2010] authority for, or with respect to, the doing and the control or management by either or both of the contracting parties of any of the things provided for in this Act, or of any other matter or thing which both the contracting parties are by law empowered to do, control or manage.

(3) A local authority may enter into contracts with the Government for the purpose of any work, service or function for which the Government is responsible within or adjacent to the area of the local authority.

th (4) to (7) (Deleted by 3 of 2005, 4 Schedule.).

(8) All contracts lawfully made under this section shall be valid and binding on the local authority, its successors, and all other parties thereto.

144.

(1) A local authority may, for the purpose of any of its Acquisition of and functions under this or any other written law, by agreement acquire, dealings in land.

L.N.

634/1963, whether by way of purchase, lease, exchange or gift, any land, whether L.N.

34/1965.

situate within or without the area of the local authority, notwithstanding that the land is not immediately required for that purpose; and where land is so acquired notwithstanding that it is not immediately required for the purpose for which it was acquired, it may, until so required, be held and used for the purpose of any other functions of the local authority.

(2) A local authority may, subject to the approval of the Minister, apply to the Government or any other authority having power to acquire land for any land required for the purpose of any of its functions to be acquired compulsorily for and on behalf and at the expense of the local authority; and any such purpose shall be deemed to be a public purpose Cap.

295.

within the meaning of the Land Acquisition Act, or any enactment replacing the same.

(3) Any land belonging to a local authority and not required for the purpose for which it was acquired may, with the approval of the Minister and subject to such conditions as he may think t to impose, be appropriated for any other purpose for which the local authority is authorise to acquire land: Provided that the appropriation of land by a local authority shall be subject to any covenant or restriction affecting the used of the land in its hands.

(4) On an appropriation of land under subsection (3) of this section such adjustments shall be made in the accounts of the local authority as the Minister may direct.

CAP72.

265 Local Government [Rev.

2010 (5) A local authority may let, or grant to any person a licence to occupy, any land which it may possess (a) with the consent of the Minister for any term; (b) without the consent of the Minister, unless such consent is required by section 177 or by any other written law, for a term not exceeding seven years, and may, in respect thereof, charge rents, stand premium or fees.

(6) Subject, in the case of land acquired in pursuance of subsection (2), to the provisions of the Land Acquisition Act, or to any written law replacing that Act, a local authority may, with the consent of the Minister (a) sell any land which it may possess and which is not required for the purpose for which it was acquired or being used; (b) exchange any land which it may possess for other land, either with or without paying or receiving any money for equality of exchange.

(7) Capital money received from the sale or exchange of land by a local authority shall be applied in such manner as the Minister may approve towards the discharge of any debt of the local authority or otherwise for any purpose for which capital money may properly be applied; and where capital money is applied under this subsection for a purpose other than that for which the land the subject of the transaction was held, such adjustment shall be made in the accounts of the local authority as the Minister may direct.

(8) Nothing in this section shall authorise the disposal of land by a local authority, whether by sale, lease or exchange, in breach of any trust, covenant or agreement binding upon the local authority; and where under any written law conferring on a local authority a power to acquire land, the power is expressly limited to acquire land by agreement, nothing in this section shall confer on the local authority power to acquire land compulsorily for the purposes of that written law.

(9) For the purposes of this section references to the functions of a local authority shall be construed as including any such functions as are exercised through a joint committee appointed by such local authority in concurrence with any other local authority or authorities, and any such functions as are exercised through a joint board in relation to which such local authority is or is deemed to be an interested local authority within the meaning of section 105.

Local Government CAP.

265 73 Rev.

2010] (10) Nothing in this section shall be construed as requiring the Government or other authority acquiring land for a local authority to grant to the local authority the actual or entire interest acquired.

145.

A local authority may Miscellaneous powers of local authorities.

L.N.

634/1963, L.N.

34/1965, L.N.

41/1970, 11 of 1984, Sch.

(a) establish and maintain such ofces and buildings as may Public ofces.

be required for the purposes of the local authority and for public meetings and assemblies; (b) establish and maintain houses as residences for ofcers of the local authority; Houses for ofcers.

(c) pay the medical and funeral expenses of any person employed Medical expenses for by the local authority who suffers injury or dies as the result ofcers.

of an accident occurring in the course of his employment or as a result of illness contracted in consequence of such employment; (d) resolve to be bound by the Local Authorities Provident Superannuation and other funds for Fund Act, or enter into an agreement with the trustees of a ofcers.

local authority which has established a pension, provident Cap.

272.

or benevolent fund under section 151, for the admission of all or any of its ofcers to membership of such fund and to pay into such fund such contributions as may be payable in accordance with the rules governing the administration of such fund; (e) incur such expenditure as it may deem necessary or desirable Staff training.

for or in connexion with the training of the staff of the local authority, whether by the making of grants of money for or towards such training, the provision of scholarships for or the payment of bursaries to its employees to assist in such training, or otherwise as the local authority sees t; (f) subject to section 144, sell, let or otherwise dispose of any Dealing in property.

movable or immovable property of the local authority; (g) subject to section 144, and to any other written law relating Subdivision of land thereto for factories.

CAP74.

265 Local Government [Rev.

2010 (i) subdivide any land belonging to it for the purpose of fac- tory, industrial, business or workshop sites; and (ii) sell, let or otherwise dispose of any plots or subdivisions of such land and any buildings thereon; and (iii) sell, let or otherwise dispose of such land to any person for the purpose of carrying on thereon any work or trade of an offensive nature which such local authority is em- powered to control; Woodlands.

(h) establish and maintain woodlands; Health services.

(i) in the case of a municipal council, establish and maintain either by itself or jointly with any other authority or any association, hospitals, maternity services, health centres and dispensaries within or without its area of jurisdiction; Disinfecting services.

(j) in the case of a municipal council, establish and maintain disinfecting and disinfestations services; Locusts and (k) take or require the taking of such steps and measures as other noxious may be necessary or desirable for securing the prevention insects.

and destruction of locusts and other noxious insects and for preventing and abating agricultural pests, and supply poison and appliances for the aforesaid purposes; Explosives and (l) subject to any law relating to the storage of explosives magazines.

establish and maintain magazines for the storage of explosives and dangerous articles, whether within or without its area of jurisdiction; Fencing of plots.

(m) require, enforce and regulate the fencing of plots, and prohibit or control the use of barbed wire for fencing; Statistical (n) obtain statistical information relating to inhabitants of its information.

area and to any matters concerning the functions of the local authority; Recreation grounds.

(o) (i) establish and maintain recreation grounds and facilities for recreation on land belonging to, and on parks, squares and open spaces vested in it; and.

Boating (ii) establish and maintain boats and boating establishments; and Other amenities.

(iii) establish, maintain and control in connexion with any Local Government CAP.

265 75 Rev.

2010] such recreation ground or boating establishment as aforesaid, aquariums, pavilions, piers, dressing-rooms, lavatories and such other buildings and conveniences of any nature and for any purpose as the local authority may consider to be necessary or convenient; and (iv) set apart any portion of any such recreation ground as Games and may be determined by the local authority and described recreation.

in a notice set up in some conspicuous place on such recreation ground for the purpose of any particular game or recreation, and exclude the public from the portion so set apart; and (v) provide any apparatus for games or recreation in respect Apparatus for games.

of any such recreation ground or boating establishment, and permit any person, club or body to provide any such apparatus on such terms as the local authority may decide; and Refreshment rooms.

(vi) establish, maintain and control refreshment rooms, cafes and restaurants in any such recreation ground or in con- nexion with any such boating establishment; and (vii) let any such recreation ground with or without any Letting of recreation building or apparatus established or provided in con- grounds.

nexion therewith to any person or club or other body of persons, and, by resolution of the local authority, authorise such person, club or body to make charges in connexion therewith; and (viii) control boating establishments by whomsoever estab- Boating establishments.

lished, license boats, whether kept for hire or otherwise, and regulate the use of and x the number of persons to be carried in such boats; (p) (i) establish, maintain, let and manage public markets and Markets.

market buildings: Provided that no county or urban council shall establish any market within a distance of three miles of the boundary of its area without the consent of the Minister; and (ii) control markets in its area by whomsoever established and, where a market has been established by the local authority, prohibit the establishment of any other mar- ket within its area without the permission of the local authority; and CAP76.

265 Local Government [Rev.

2010 (iii) control public sales held on any public or open space or in any public building; and (iv) control places used for the purpose of selling publicly, or exposing for sale, any cattle, horses, sheep, goats, pigs, poultry or other livestock; and (v) where provision is made for any such sale in any market established by the local authority or at any place provided by the local authority for the purpose, prohibit such sales elsewhere than in or at such market or place and license persons to conduct such sales in or at such market or place and require the deposit of security by an applicant for such licence; Guarantees of loans.

(q) guarantee loans made by other persons, and make loans, either on its own behalf or jointly with any authority or person, to such persons, and upon such terms and conditions and for such purposes, as the Minister may approve either generally, or in any particular case or in any specied class of cases; Public weighing (r) establish and maintain public weighing machines; machines.

Art galleries, (s) establish, maintain, assist, promote and control museums, etc.

(i) art galleries, museums, botanical gardens and zoological gardens; and (ii) within or without its area, public libraries; Bands.

(t) establish, maintain and assist bands for musical performances in public places and at local authority functions, and generally provide musical entertainment in such places and at such functions; Radio and television.

(u) subject to any written law relating thereto, establish and maintain wireless or radio relay stations and services and television rediffusion stations and services; Information centres.

(v) establish, maintain and assist information centres and inquiry bureaux; Wildlife.

(w) subject to any written law relating thereto, take such measures as may be necessary or desirable for the preservation or protection of wildlife, and provide amenities Local Government CAP.

265 77 Rev.

2010] for the observation of wildlife, within or without its area; (x) establish and maintain camping, grazing and outspan Camping grounds.

grounds, whether within or without its area; (y) subject to the provisions of the National Museums Public monuments.

and Heritage Act, 2006, establish and maintain public monuments; 6 of 2006, s.

72.

(z) establish, maintain and regulate alms-houses, hostels and Social services welfare and social service centres; (aa) make provision for the return of destitute persons to Destitute persons.

their homes within Kenya, and generally give assistance to destitute and necessitous persons; (ab) establish, maintain and assist institutions, day nurseries Child welfare.

and clinics for the care and welfare of infants, children and juveniles, and make provision for suitable instruction being imparted to expectant mothers of such infants; (ac) subject to the Films and Stage Plays Act, establish and Theatres.

Cap.

222.

maintain theatres, concert halls, cinemas, public halls and other places of public amusement and public resort; (ad) advertise and give publicity to the attractions and Publicity.

advantages of the area of the local authority; and (ae) promote legislation in the interests of, and oppose legislation Promotion of legislation.

which is not in the interests of, the local authority.

146.

A local authority may, subject to the consent of the Minister, Grants of money.

make grants of money L.N.

41/1970.

(a) (Deleted by L.N.

41/1970); Scientic, research (b) towards the establishment and maintenance of institutions and charitable organisations.

and organisations, not being of private nature, for scientic, agricultural and horticultural purposes, for the purposes of research or for charitable, educational, welfare or social purposes; (c) towards the establishment and maintenance of air and Air and telephone telephone services within or without its area for the purpose services.

of improving the amenity of such area; CAP78.

265 Local Government [Rev.

2010 Game parks and wild (d) towards the establishment and maintenance, whether within life.

or without its area, of game parks (including accommodation for visitors therein and amenities for wild life observation) and to organisations established, whether within or without its area, for the preservation or protection of wild life; Other organisations.

(e) to any committee, association or organisation established for the carrying out of any function which such local authority is itself empowered to carry out, towards the carrying out of that function.

Miscellaneous 147.

Every local authority shall have power powers of control.

Removal of trees, etc (a) to require the owner of any premises to do any of the following acts (i) to remove, lower or trim to the satisfaction of the local authority any tree, shrub or hedge overhanging or inter- fering in any way with the trafc on any road or street, or with any wires or works of the local authority; (ii) to remove any dilapidated fence or structure abutting upon any public place; Obstructions.

(b) to prohibit obstructions in or on public places and to provide for the removal and sale of any such obstructions and for the disposal of any moneys derived from any such sale; Movement of (c) to prohibit and control the sale and movement of livestock livestock.

with the object of preventing the theft of stock or the possession of stolen livestock; Preservation of trees.

(d) to control the cutting of timber and the destruction of trees and shrubs, to prohibit the wasteful destruction of trees and shrubs, and to require the planting of trees.

Imposition of fees 148.

(1) A local authority may and charges.

(a) charge fees for any licence or permit issued under this Act or any other written law or in respect of any person or matter, premises or trade, whom or which the local authority is empowered to control or license; (b) impose fees or charges for any service or facility provided or goods or documents supplied by the local authority or any of its ofcers in pursuance of or in connexion with the discharge Local Government CAP.

265 79 Rev.

2010] of any duty or power of the local authority or otherwise.

(2) All fees or charges imposed by a local authority shall be regulated by by-law, or if not regulated by by-law, may be imposed by resolution of the local authority with the consent of the Minister and such consent may be given either in respect of specied fees or charges or may be given so as to allow a specied local authority to impose fees or charges by resolution in respect of a specied power or a particular matter.

(3) Save where the contrary is expressly or by necessary implication in any written law provided, a local authority may authorise the remission in whole or in part of any fees due to it or charges imposed by it under this Act or any other written law.

149.

(1) A local authority may, in its discretion, in respect of any Powers to guarantee ofcer employed by it who intends to leave Kenya tax liability and pay deposits in respect (a) give such guarantees as may be required by the Commissioner thereof, and to of Income Tax for securing the payment of tax chargeable recover payments made respecting tax.

under the Income Tax Act that is, or may become, payable Cap.

470.

by such ofcer upon the salary paid or payable to him by such local authority; (b) in the case of any such ofcer who intends to leave Kenya on the ofcial business of such local authority, give such guarantees as aforesaid in respect of such persons tax howsoever arising or pay such deposit to the Commissioner of Income Tax as he may require.

(2) Any moneys paid by a local authority to the Commissioner of Income Tax under a guarantee given under subsection (1) (a), and any deposit, or any part thereof, paid under subsection (1) (b) which is forfeited consequent upon the default of the person in respect of whose liability such guarantee or deposit was given or paid, shall be recoverable by the local authority from such person or his estate and, for the purpose of recovery of such moneys, the local authority shall be entitled to withhold payment of any salary, pension, provident or benevolent fund benet, or any other emolument of any sort whatsoever due to the ofcer or his estate.

150.

(1) A local authority may with the approval of the Minister, Power to pay allowances to pay to a councillor, at such rates as the Minister may specify, or where councilors.

the Minister has rates as it may determine not exceeding those maximum rates 9 of 1968, Sch., 11 of 1993.

(a) such terminal benets as may be determined by the CAP80.

265 Local Government [Rev.

2010 Minister; (b) allowances in respect of (i) expenditure on subsistence or traveling necessarily in- curred by him for the purposes of enabling him to perform his duties as councillor; (ii) loss of earnings, which he would otherwise have made, necessarily suffered by him for purpose specied in paragraph (i); and (iii) additional expenses, other than expense on account of subsistence or travelling, to which he would not otherwise have been subject, necessarily incurred by him for the purpose aforesaid.

(2) A municipal council may, with the approval of the Minister, in lieu of the foregoing allowances, pay to a councillor a at rate allowance, of such amount as the Minister may approve, in respect of all expenditure, loss and additional expense aforesaid.

(3) A local authority may, with the approval of the Minister, pay any allowance it is empowered to pay to councillors under subsections (1) and (2), to any person co-opted as a member of any committee thereof as if such person were a councillor.

Miscellaneous 150A.

A local authority may incur expenditure for the carrying expenditure.

out of any purpose authorised by this Act or any other written law or L.N.

643/1963, for the carrying out of any other purpose which the Minister may in L.N.

34/1965.

his discretion determine to be a purpose incidental to the exercise by the local authority of any of its powers or duties under this Act or any other written law.

part XCertaIN pOwerS, dutIeS aNd FuNCtIONS relatING tO MuNICIpalItIeS, COuNtIeS aNd tOwNShIpS Powers with respect 151.

(1) Every municipal council and county council or town to pension, provident and benevolent funds.

council shall have power to establish, control, manage, maintain and 11 of 1993.

contribute to any pension, provident or benevolent fund intended for the benet of its ofcers or a councillor who has held ofce as a councillor continuously for twenty years or more and to grant pensions and gratuities from any such fund established by it to such ofcers on their retirement from its service and to dependants on the death of any such ofcers; or a councillor who has held ofce as a councillor continuously for twenty years or more: Local Government CAP.

265 81 Rev.

2010] Provided that (i) this subsection, save and except only to the power to contribute to any pension, provident or benevolent fund intended for the benet of its ofcers, shall cease to apply to any such local authority as aforesaid with regard to any of its ofcers who are admitted by agreement under subsection (6) to the membership of a pension, provident or benevolent fund established, controlled, managed and maintained by any other local authority, this subsection ceasing to apply as aforesaid as from the date of such admission; (ii) the City Council of Nairobi shall also have power to establish, control, manage and maintain a pension, provident or benevolent fund within the structure of a fund, established as hereinbefore provided, intended for the benet of the ofcers of any employing authority as dened in subsection (11), and to grant pensions and gratuities from any such fund to such ofcers of such employing authority as shall have been admitted to such fund on their retirement from the service of such employing authority and to dependants on the death of any such ofcers.

(2) Every municipal council and every county council or town council shall, with the approval of the Minister, make rules relating generally to the establishment, control, management and maintenance of, and contribution to, and benets from any pension, provident or benevolent fund established by it under subsection (1) and, without prejudice to the generality of the foregoing power, may, with the like approval, make rules (a) permitting or requiring all or any of its ofcers to become members of such fund; (b) xing the amount of the contributions, if any, to be made by members of such fund and the amount of the contributions to be made by itself; (c) providing for periodical valuation of such fund and for enforcing any increase in the contributions thereto or any diminutions in the benets arising therefrom as the valuation may show to be necessary to maintain the solvency of such fund; (d) prescribing the age at which any ofcer may or shall become CAP82.

265 Local Government [Rev.

2010 a member of such fund and the age and conditions upon which any such ofcer may or shall cease to be a member of the fund; (e) determining the amount of the pension or any other benet to be paid to a member of such fund or to his dependants or to his personal representatives and providing for the circumstances in, and the conditions on, which such pension or other benet may be paid; (f) providing for the management and investment of the moneys of such fund and the election of a committee of management or the appointment of a trustee, whether in Kenya or in the United Kingdom, for that purpose; (g) providing for vesting the property, money and assets of such fund in a trustee, whether in Kenya or in the United Kingdom, for the purpose of the administration thereof; (h) permitting a trustee, if a bank, to transact any business in connexion with such fund on the same terms as would be made with a customer in the ordinary course of business, without such trustee being liable to account for any prot or share of brokerage; (i) providing for the retirement, removal or designation of a member of the committee of management or trustee and for lling any vacancy caused thereby; (j) providing that no pension or right to a pension payable out of such fund shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or of being attached or subjected to any form of execution under a judgment or order of a court of law, and in pursuance of any such rule the municipal council or county council or town council, as the case may be, which made the rule may withhold, suspend or entirely discontinue the payment of any such pension in the event of the beneciary attempting to assign, transfer or otherwise cede or to pledge or hypothecate such pension or right as aforesaid; (k) providing that any pension or other retiring benet payable out of such fund may be withheld by the municipal council or county council or town council, as the case may be, for the purpose of discharging any debt due to the fund or to such council; Local Government CAP.

265 83 Rev.

2010] (l) providing that if any person in receipt or any pension or other retiring benet payable out of such fund (i) is convicted by any court in Kenya or elsewhere and is sentenced to imprisonment without the option of a ne for a period exceeding one month; or (ii) is adjudicated a bankrupt or is declared insolvent by judgment of the court; or (iii) becomes incapable of managing his own affairs by reason of physical or mental inrmity, such pension or retiring benet may during only such incapacity, cease to be payable to the member and in- stead be paid to such of his dependants as the municipal council or county council or town council, as the case may determine.

(3) Any rules made under subsection (2) may operate retrospectively within the limits prescribed by the rules as regards contributions by the ofcers of the local authority and the local authority making the rules and as regards calculation of the pension or other payment.

(4) Section 34 of the Interpretation and General Provisions Act Cap.

2.

shall not apply to rules made under subsection (2).

(5) A municipal council or county council or town council having established a fund under subsection (1) and after receiving a report from a Fellow of the Institute of Actuaries or a Fellow of the Faculty of Actuaries in Scotland appointed by such council, may, subject to the approval of the Minister, agree with an employing authority to admit employees of such employing authority to membership of the fund with retrospective effect and may amend any rules made under subsection (2) to enable such rules to be applied to such employing authority and to any employee of such employing authority admitted to membership of the fund.

(6) Any local authority may arrange with any other local authority administering a fund established under subsection (1) for the admission, on such terms and conditions as may be agreed, of any of its ofcers to participate in the benets of such fund.

(7) No ofcer of a local authority who is, under subsection (5) admitted to membership of a fund established by another local authority, shall, from the date of his admission as aforesaid, remain or become a member of another pension provident or benevolent fund administered CAP84.

265 Local Government [Rev.

2010 by a local authority.

(8) Subject to rules made under subsection (9), or, where there are no such rules, subject to the consent of the Minister, a local authority may grant from its revenues, pensions or gratuities to its ofcers on their retirement from its service and to dependants on the death of any such ofcer, in cases where no pension, provident or benevolent fund has been established under subsection (1) and no arrangement has been made under subsection (6) by a local authority, or in cases where no benets accrue from any fund so established or arrangement so made.

(9) A local authority may, with the approval of the Minister, make rules for the payment of gratuities under subsection (8) to any specied class or classes of ofcers in cases where no pension, provident or benevolent fund has been established and no arrangement has been made as aforesaid or in cases where no benets accrue from any such fund or arrangement in respect of such class or classes of ofcers.

(10) Subject to the consent of the Minister, in cases where a pension, provident or benevolent fund has been established under subsection (1) or any arrangement has been made under subsection (6) by a local authority, such local authority may grant from its revenues additional or increased pensions or gratuities to its ofcers on their retirement from its service and to dependants on the death of any such ofcers.

(11) In this section the expression employing authority means any local authority or association of local authorities of Kenya, and any local authority in Tanzania or Uganda which is empowered to enter into an agreement of the nature described in subsection (5).

Schools and 152.

(1) A municipal council may, with the consent of the bursaries.

Minister, establish and maintain schools and educational institutions, including boarding blocks and school hostels.

L.N.

41/1970, 11 of 1984, Sch.

(2) A municipal council or county council or town council with the consent of the Minister and an urban council with the approval of the council of the county in which its division is situate and with the consent of Minister, may make grants to any school or educational institution, within or without its area, for the provisions of scholarships for persons, and the children of persons, ordinarily resident in its area.

(3) A local authority may, subject to such conditions as the Minister may prescribe, provide bursaries to assist persons and children of persons, ordinarily resident in its area, in their education and maintenance at any school or educational institution within or without its area.

Local Government CAP.

265 85 Rev.

2010] 153.

(1) A municipal council, county council or town council Powers authorising omnibus and vehicles may, within its own area and, with the consent of any local authority services.

specied in this subsection, within the area of such local authority, and 31 of 1971, Sch.

with the consent of the Minister, within any other area (a) establish and maintain a service of omnibuses or other vehicles howsoever propelled or drawn, for the carriage of passengers and their luggage; (b) enter into an agreement, in such terms as may be approved by the Minister, with any person for the establishment and maintenance by him of any such service as aforesaid and for guaranteeing the capital cost thereof and interest on such cost.

(2) Whenever any such service is established or maintained by a local authority under this section or by any person under an agreement with a local authority under subsection (1) (b), such local authority may by order prohibit, for such period as in each case the Minister may approve, the carrying on by any person (other than a person with whom the local authority has entered into an agreement as aforesaid) of any such service within its area and may from time to time by order extend the period of prohibition for such period as in each case the Minister may approve: Provided that the right of any person to carry for hire or reward passengers departing to or arriving from any place outside the area of jurisdiction of such local authority shall not be affected.

(3) Before making an order of prohibition or an order extending any period of prohibition under subsection (2), the local authority shall cause notice of its intention to introduce and pass a resolution for that purpose to be published in the Gazette and in at least one newspaper (if any) circulating in its area and such notice shall be given once in each week for four succeeding weeks.

(4) Any objections received by the local authority to the making of such an order of prohibition or order extending any period of prohibition shall be laid before the local authority at a meeting appointed to consider the resolution referred to in subsection (2) and copies of such objection shall be forwarded by the local authority to the Minister.

(5) A local authority may revoke any order of prohibition made under this section: Provided that where an order is made consequent upon an agreement entered into under subsection (1) (b), the local authority CAP86.

265 Local Government [Rev.

2010 shall not have power to revoke such order until the termination of such agreement or of any subsequent agreement made in place of such agreement.

(6) Notwithstanding the other provisions of this Act and the provisions of any other written law, where any order of prohibition has been made and approved under this section by a local authority, no licence issued under any law in respect of any public vehicle or motor vehicle carrying passengers for hire or reward, if such public motor vehicle or motor vehicle be licensed to carry more than six passengers, shall without the consent of such local authority, entitle any person to ply for hire with such public vehicle or motor vehicle within the area of such local authority: Provided that the right of any person to ply for hire with any public vehicle or motor vehicle for the unexpired period of any license issued prior to the making of any such order of prohibition under this section shall not be affected.

(7) Save as is provided in subsection (2) and subsection (6), any person (other than a person with whom the local authority has entered into an agreement under subsection (1) (b)) who carries on any service of omnibuses or other vehicles, howsoever propelled or drawn, for the carriage of passengers, or who plies for hire or reward with such public vehicle or motor vehicle for the carriage of passengers, in contravention of any order of prohibition made under this section shall be guilty of an offence and shall be liable to a ne not exceeding two thousand shillings or to imprisonment for a period not exceeding two months, and, in addition, to a ne not exceeding two hundred shillings in respect of each and every day upon which he contravenes such order as aforesaid.

(8) The Minister shall, before he gives any approval required under this section, consult the Minister responsible for the licensing of public service vehicles.

Miscellaneous 154.

Every municipal council, county council or town council powers of municipal, shall have power county and township authorities.

31 of 1971, Sch.

Cattle cleansing.

(a) to establish and maintain cattle cleansing facilities; Hides and skins.

(b) subject to the Hide and Skin Trade Act, to control the drying, Cap.

359.

cleaning and storage of hides and skins, and to establish, maintain and control premises for the drying, cleaning and storing of hides and skins; Local Government CAP.

265 87 Rev.

2010] (c) to prohibit the cultivation by unauthorised persons of any Unauthorised unenclosed and unoccupied land in private ownership and of cultivation.

any Government land and land reserved for any public road; (d) to take or require the taking of such measures as may be necessary or desirable for the prevention and control of bush Bush res.

and forest res; (e) subject to any law for the time being in force relating Brick-making and thereto quarrying.

(i) to prohibit and control brick-making yards and the quarry- ing of stone, lime, clay or other material on any premises; (ii) to require the owners and operators of brick-making yards and quarries to provide housing, sanitation and water or any of them at brick making yards and quarries for persons working there; (iii) to grant permits to make bricks or to dig and burn lime, or to dig and remove clay, gravel, peat or turf or to quarry or to crush stone, upon any land of the local authority.

155.

Every county, municipal or town council shall have power Powers of county, municipal and town councils.

L.N.

634/1963, 61 of 1968, s.

22, 31 of 1971, Sch.

(a) to establish and maintain centres, and to establish, maintain Produce inspection.

and control services, for the inspection, grading and storing of produce; (b) subject to any other written law relating thereto, to engage Agricultural and livestock in livestock and agricultural undertakings (including the undertakings.

provision of services for improving the agricultural and livestock industries in the county, municipality or township) and to take such measures as may be necessary or desirable for preventing the outbreak and spread of any disease as Cap.

364.

dened in the Animal Diseases Act; (c) to require the planting of any specied crops by persons for Famine relief crops.

the support of themselves and their families in areas which in the opinion of the county, municipal or town council are suffering from or likely to suffer from a shortage of foodstuffs; CAP88.

265 Local Government [Rev.

2010 Itinerant contractors.

(d) to control itinerant contractors and other persons who sell or offer for sale, or contract or offer to contract for the exercise of, their skill, or the skill of any other person, in any handicraft by going from house to house or by attending at any persons house; Game parks.

(e)to establish and maintain game parks, including accommodation for visitors thereto; Forests.

(f) to establish and maintain forests; Rehabilitation centres (g) subject to the Vagrancy Act to establish, maintain and for beggars.

control rehabilitation centres for the care, maintenance and 61 of 1968, s.

22.

rehabilitation of beggars.

Cap.

58.

156.

(Repealed by L.N.

41/1970, Sch.).

Payments of money 157.

Every municipal council, county or town council shall, in connexion with employment of subject to the consent of the Minister, have power magistrates, etc.

(a) to pay the Government such sums of money as are from L.N.

634/1963, time to time incurred or expended by the Government on L.N.

34/1965, or in connexion with the employment of a magistrate; and 31 of 1971.

Sch.

(b) to erect and maintain a courthouse and employ such court staff as is required for a magistrate, where such municipal, county or town council has paid or agreed to pay to the Government such sums of money as are incurred or expended by the Government on or in connexion with the employment of the magistrate.

Freemen.

158.

(1) A municipal council may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the L.N.

634/1963, council specially convened for the purpose with notice of the object, L.N.

34/1965, and with the approval of the Minister, admit to be honorary freemen 9 of 1968, Sch.

of the municipality persons of distinction and any persons who have rendered eminent service to the municipality.

(2) The town clerk of every municipal council shall keep a list, called the honorary freemens roll, of all persons admitted to be honorary freemen of the municipality.

Shops in rural areas.

159.

(1) Subject to any other written law relating thereto, every county council shall have power to prohibit and control shops in rural areas: Local Government CAP.

265 89 Rev.

2010] Provided that no county council shall exercise such power in any area to which the Land Planning Act has been applied.

Cap.

303.

(2) For the purposes of this section shop means a building or part of a building in which retail trade is carried on; rural area means an area which is so dened in any by-law made by a county council under this Act.

part XICertaIN pOwerS, dutIeS aNd prOvISONS relatING tO MuNICIpalItIeS tOwNShIpS aNd COuNty dIvISIONS 160.

Every municipal council and, except in regard to matters Miscellaneous contained in paragraphs (a) and (h), every town council and every urban functions of local council shall have power authorities other than county councils and local councils.

L.N.

634/1963, L.N.

34/1965, 11of 1967, s.

8, L.N.

41/1970, 31 of 1971, Sch., 11 of 1984, Sch.

(a) to establish and maintain sanitary services for the removal Sanitary services.

and destruction of, or otherwise dealing with, all kinds of refuse and efuent and, where any such service is established, to compel the use of such service by persons to whom the service is available; (b) to establish and maintain public lavatories, closets and Public lavatories.

urinals within its area, and where such lavatories, closets and urinals are established, the local authority shall maintain them in good order and repair; (c) to acquire and maintain one or more ambulances; Ambulances.

(d) to establish and maintain cold storage works and depots Cold storage works.

for the inspection of meat, subject to the Kenya Meat Commission Act and the Public Health Act and any rules Cap.

363, Cap.

242.

made thereunder; (e) subject to the Kenya Meat Commission Act and the Pig Slaughterhouses.

Cap.

363, Industry Act and any rules made thereunder, to establish and Cap.

361.

maintain slaughterhouses for the slaughter of animals and CAP90.

265 Local Government [Rev.

2010 poultry, whether within or without its area; and to control slaughterhouses within its area; By-products.

(f) to establish and maintain plants for the manufacture of by-products and to purchase animals for the purpose of conversion into by-products and to sell by-products resulting from the carrying on of any works which such local authority is authorised to carry on; Milk.

(g) subject to the Dairy Industry Act, to establish and maintain Cap.

336.

depots for the inspection, treatment, distribution, purchase and sale of milk or milk products, and may, subject as aforesaid, distribute, buy and sell milk or milk products; Rats and vermin.

(h) to take measures for the destruction and suppression of rats and vermin within its area, and to set traps or take other measures necessary for the purpose on any land whether within or, with the consent of the local authority concerned, without its area; Naming of streets.

(i) subject to the prior approval of the Minister, to name and number and, where necessary or desirable in its opinion, to rename or renumber any street in the municipality or in any urban area under its jurisdiction (such name to be afxed in a conspicuous place in the street) and to cause all buildings in any such street to be numbered in such manner as it may determine; (j) subject to any written law relating, thereto, to establish and Aerodromes.

maintain aerodromes; Fire brigades.

(k) to establish and maintain one or more re brigades and to take all necessary steps for the prevention and extinguishing of res and to compensate the owners of property demolished or damaged for the purpose of preventing or extinguishing res; (l) subject to the consent of the Minister, to undertake either as Registration of births, etc.

agents of the Government or otherwise, the registration of births, deaths and marriages occurring in its area; Open spaces.

(m) to lay out and adorn any square or open space belonging to it by any architectural Scheme or ornamentation, including the erection of Statues, fountains and other structures; Buildings for public (n) with the consent of the Minister, to erect and maintain on purposes.

any public place, buildings for public purposes, and, with Local Government CAP.

265 91 Rev.

2010] the like consent, to set apart any such place or any portion thereof for any purpose which the local authority may from time to time think t; (o) to plant, trim or remove trees, owers and shrubs in or on any public place; to regulate the planting and preserving of Planting of trees, etc.

trees, owers and shrubs; to prohibit or regulate the planting of trees and shrubs in public places; to require or provide for the maintenance, cutting or removing of any such trees or shrubs; and to prevent the removal or injury thereof; (p) (i) to arrange for the lighting of, or itself to light, streets Lighting of streets, and other public places and to arrange for the erection etc.

and maintenance of, or itself to erect and maintain, lamps for that purpose; (ii) to enter into any contract with an authorised distributor Cap.

314.

as dened in the Electric Power Act, for the collection by the local authority of all charges and other sums due to such distributor by the inhabitants, of the whole or part of its area in respect of the supply of electricity by such distributor, together with a reasonable charge to cover the expenses of collecting such charges and such other sums; (q) to establish pounds, and from time to time to make provision Pounds.

for all or any of the following purposes (i) for the management of pounds; (ii) prescribing the circumstances in which any article or ve- hicle which is found abandoned or apparently abandoned, or any animal or bird, may be impounded; (iii) xing the charges payable by the owner of any im- pounded article, vehicle, animal or bird; (iv) prescribing the circumstances in which and the condi- tions under which any impounded article, vehicle, animal or bird may be sold; and (v) as to the transfer of the property in any impounded article, vehicle, animal or bird on such sale.

161.

Every municipal council or town council and every urban Miscellaneous council shall have power functions and powers of control.

L.N.

634/1963, CAP92.

265 Local Government [Rev.

2010 31 of 1971, Sch., 11 of 1984, Sch.

Cemeteries and (a) to establish cemeteries at sites appointed under, and crematoria.

Cap.

242.

maintain cemeteries authorised under, the Public Health Act, to conduct funerals; to establish and maintain mortuaries and crematoria within or without its area; to prohibit the disposal of human bodies within its area otherwise than by interment or cremation in or at any such cemetery or crematorium established or approved by it; and to control undertakers and regulate the conveyance and disposal of dead bodies; Washing of clothes.

(b) (i) to establish and maintain places for the washing of clothes; (ii) to control or prohibit the washing of clothes on public premises and to supervise and license persons engaged in washing and laundry work; Lodging-houses.

(c) to establish, maintain and let lodging-houses and boarding- houses; and to control lodging-houses and boarding-houses and lodging-house and boarding-house keepers; Restaurants, etc.

(d) subject to any written law relating thereto (i) to establish, maintain and let tea-rooms, cafes, restau- rants, houses, snack bars, shops, stalls and stands; (ii) to control tea-rooms, cafes, restaurants, hotels, eating- houses, snack bars, bake houses, butchers shops, grocers shops and all factories and places where articles of food or drink are manufactured or prepared for sale or use, or are stored or sold whether for consumption on or off the premises; Footways.

(e) to construct footways along the side of any road or street, and to pave or surface any such footway with concrete blocks or stones or in any other way, and to recover from the owners of land abutting upon such footways the whole or any part of the expenses incurred in such construction, surfacing or paving where such construction, surfacing or paving was requested by such owners; and to control the construction, surfacing and paving of footways, where such works are carried out by any such owner.

Miscellaneous 162.

Every municipal council and, except in regard to the matters powers of control.

contained in paragraphs (a) and (j), every town council or urban council Local Government CAP.

265 93 Rev.

2010] shall have power 9 of 1966, s.

71, 21 of 1966, Sch., L.N.

35/1970, L.N.

41/1970, 31 of 1971, Sch., 11 of 1984, Sch.

(a) to compel occupiers or, in the case of vacant premises, Unwholesome matter.

owners, to keep their premises free from offensive or unwholesome matter; (b) to prohibit or control the keeping of animals, birds and Animals, birds, etc.

bees so that their keeping shall not be a public nuisance or injurious to health; (c) to take or require the taking of such steps and measures as Insects and pests.

may be necessary or desirable for securing the prevention and destruction of insects, fungi and any other, pests which attack timber in buildings and felled timber and for preventing and eradicating the infestation of any such timber at the cost of the owner; (d) to prohibit or control the playing of musical instruments Musical instruments.

or the singing or performing for prot, in or on any public place; (e) without prejudice to the exercise of any powers and duties Ferry boats.

conferred or imposed by the Ferries Act and subject to Cap.

410.

section 186 of this Act, to control ferry boats, to regulate the conduct of persons using ferry boats and the embarkation and disembarkation of persons, animals, goods and vehicles and to control the use of the landing places, approaches and ramps maintained in connection with any service of ferry boats; (f) to control or prohibit fetes, traveling exhibitions, public Public amusements.

amusements and entertainments, circuses and to prohibit or control the public exhibition of monstrosities, freaks of nature, or any abnormal person or animal: Provided that this paragraph shall not confer a power to permit the provision of amusements with prizes otherwise than at entertainments held by commercial undertakings with the principal object of promoting trade or business and limited, in respect of any one such undertaking, to one or more periods not exceeding in the aggregate fourteen days in any one period of twelve months; (g) subject to any written law relating thereto, to control Subdivision of land.

or prohibit the subdivision or cutting up of land or the CAP94.

265 Local Government [Rev.

2010 subdivision of existing building lots into smaller areas; to provide that no transfer of any such sub division of land shall be registered in any land titles registry unless and until a certicate under the hand of the clerk of the local authority, or such other person as the local authority may appoint for the purpose, has been produced to the registration ofcer, who shall register the same against the title to such land at the cost of the applicant for such subdivision, to the effect that the local authority has approved of such subdivision, and to prevent the withdrawal, cancellation or alteration, except with the consent of the local authority, of any sub divisional plan which has been approved by the local authority; Bicycles.

(h) to control bicycles and tricycles normally kept in its area, and to register and provide for the identication of such bicycles and tricycles: Provided that this paragraph shall not confer a power to require the licensing of any bicycle or tricycle during the currency of any licence granted by any other local authority in respect thereof under the powers conferred by this paragraph; Common pasture.

(i) to provide for the due and proper care of the common pasture or other land of such local authority, and, in municipalities, townships and urban areas within county divisions, to control the keeping of livestock in such area or areas; Swimming baths.

(j) to control swimming baths, and bathing establishments, and to control or prohibit bathing in any open piece of water within its area; Protection of works.

(k) to take such steps as may be desirable for the protection from damage or interference of all works and property of such local authority situated or being in, under or over any public or other place within or without its area; Advertisements.

(l) to prohibit or control the display of advertisements and advertising devices in or in view of any street or other public place or in such places or in such manner or by such means as would, in the opinion of the local authority, be likely to affect injuriously the amenities of or to disgure any neighbourhood; and to prohibit and control the use and passage of advertising vans, sandwich boards, lanterns, ags, screens or other moveable advertising devices, and the distribution of handbills in or along any street or other public place; Local Government CAP.

265 95 Rev.

2010] (m) to control street decorations, and to prohibit or control Street decorations.

the erection and removal of temporary platforms, seats and other structures for the use of the public at any meeting or entertainment or for the accommodation of spectators at any procession, exhibition, ceremony or spectacular display of any kind; (n) to control music halls, public halls, concert rooms, public Places of public billiard rooms and other places of public amusement, public amusement.

recreation or public resort which are not required to be Cap.

222.

licensed under the Films and Stage Plays Act.

163.

Every municipal council and, except in regard to the matters Powers to control contained in paragraph (g), every town council and urban council shall trades and occupations.

subject to any other written law relating thereto, have power L.N.

634/1963, 21 of 1966, L.N.

21/1970, 31 of 1971, Sch., 11 of 1984, Sch.

(a) to prohibit or control peddling, hawking and street trading Hawking.

and to control peddlers, hawkers and street traders; (b) to control barbers and hairdressers and barbers and Barbers.

hairdressers shops; (c) to control the trade, business or occupation, and the business Second-hand goods dealers.

premises, of dealers in second-hand goods, including bottles, sacks, bones and tins; (d) to prohibit or control the work or trade of manufacturing Rag and ock ock from rags and persons engaged therein; and to prohibit manufacture.

the sale and use, for the purpose of manufacture, of articles of unclean ock manufactured from rags; (e) to control or prohibit all businesses, factories and Noxious industries.

workshops which, by reason of smoke, fumes, chemicals, gases, dust, smell, noise, vibration or other cause, may be or become a source of danger, discomfort or annoyance to the neighbourhood, and to prescribe the conditions subject to which such businesses, factories and workshops shall be carried on; (f) to prohibit or control the carrying on of the work or trade of Offensive traders.

a knacker or of blood-boiling or cleaning, tallow melting, fat melting or fat extraction, fellmongering, skin storing, CAP96.

265 Local Government [Rev.

2010 skin curing, blood drying, gut scraping, sh mongering, sh frying, leather dressing, tanning, glue making, size making, charcoal burning, brick burning, lime burning, stone crushing, manure making, manure storing, bone storing, or any other work or trade of an offensive nature which such local authority may, with the sanction of the Minister, declare to be an offensive trade for the purposes of this paragraph; Other trades and (ff) to prohibit, control and regulate such other trades, occupations.

occupations and premises as the Minister may, from time to time, by notice in the Gazette, prescribe; Disinfestations.

(g) to prohibit or control the work or trade of disinfection or fumigation by cyanide or other means and to penalize persons who, after due notice,refuse without reasonable ground to vacate any room or rooms occupied by them on the same oor or on any oor above that of any building where fumigation is being carried out.

Business permits.

163A.

(1) A local authority may on receipt of an application under 5 of 1998, s.

45, this Act grant a business permit to allow the conduct of a business or 9 of 2000, s.

80, trade, including a profession or occupation, within its area: 11 of 2000, s.

84, 7 of 2002, s.

50, Provided that in the case of a business, trade, profession or 17 of 2006, s.

18.

occupation regulated by the provisions of any other written law, a person shall prior to the submission of an application for a business permit pursuant to this subsection, satisfy all the requirements of that other written law.

(2) The fees charged by a local authority for the grant of a business permit under subsection (1) shall be (a) in the case of a consolidated permit, an amount equal to the sum of fees due in respect of each of the business activities covered under such permit for which the supplicant would otherwise require a separate permit; and (b) in the case of a single business permit, the amount due in respect of the class of trade or business covered under such permit.

(3) Notwithstanding any other provision of this act or any by-laws made thereunder, a penalty of three percent of any fees or charges payable under this section which remain unpaid beyond the period prescribed for such payment shall be payable by the licensee for every month or part thereof during which such fees or charges remain unpaid.

Local Government CAP.

265 97 Rev.

2010] (4) A local authority shall issue such type of business permit, either single or consolidated, as it deems appropriate for the conduct of business within its area, but shall not issue both types of business permit for such area.

(5) Notwithstanding subsection (1), a local authority shall not refuse to grant or renew a business permit unless (a) the applicant has not supplied all the information required for such grant or renewal; or (b) the applicant has not paid the required business permit fee or any other fees or charges due to the local authority at the time of the application.

(6) A local authority may cancel a business permit where, upon receipt of a written report from an inspector appointed under this Act or any other written law, it nds that the business or trade to which it relates endangers the health or safety of the persons residing in the neighbourhood.

(7) An applicant for a business permit under subsection (1) shall, in the application, elect whether to be issued with a permit for a period of either one year or two years.

(8) Where a person is issued with a business permit by one local authority to distribute goods or provide services within the area of that local authority, such permit shall be valid for the distribution of goods or provision of services within the area of any other local authority 164.

(1) A local authority shall have power to summon any Applications for licences.

applicant for, or any objector to, the grant of a licence, to give evidence or to produce books or documents at any sitting of the local authority or a committee thereof held for the purpose, of hearing the application for such licence, and any such person refusing or omitting without sufcient cause to attend and give evidence or to produce books or documents in his possession or under his control as required by such summons shall be guilty of an offence: Provided that every person summoned under this section to give evidence or produce books or documents shall be entitled to all the privileges to which a witness summoned to give evidence or produce books or documents before the High Court is entitled.

(2) Any witness giving evidence before a local authority or a committee thereof at the hearing of an application for any such licence CAP98.

265 Local Government [Rev.

2010 may be required to give evidence on oath which the person presiding at such hearing is hereby empowered to administer.

Powers to refuse 165.

(1) A local authority may refuse to grant or renew any licence to grant or renew which it is empowered under this Act or any other written law to grant on licences and to cancel any such grounds as it may, by by-law, specify and in addition upon any licences.

of the following grounds whether specied in such by-laws or not (a) with respect to any licence whether relating to a trade, business or occupation, or to premises or otherwise (i) that the premises in or at which the applicant intends to carry on his trade, business or occupation do not conform to the requirements of any by-laws in force in the area of such local authority, whether made under this Act or any other written law; (ii) that sufcient provision for the needs of the area of such local authority already exists; (iii) that the granting of such licence or the renewal hereof, as the case may be, would be contrary to the public interest; and (b) additionally, with respect to any licence relating to the use of premises as a theatre, music hall, concert room or other place of amusement, or as a restaurant or eating house (i) that the applicant has failed to produce satisfactory evi- dence of good character; (ii) that the premises in respect of which the licence is sought or any adjacent premises owned or occupied by the ap- plicant are frequented by persons of bad character; (iii) that the granting of such licence or the renewal thereof would be calculated to cause nuisance or annoyance to persons residing in the neighbourhood; and (c) additionally, with respect to any licence for the carrying on of any work or trade specied in section 163 or under paragraph (f) thereof declared to be an offensive trade (i) that the premises used or proposed to be used therefor by the applicant are unsuitable for the purpose; Local Government CAP.

265 99 Rev.

2010] (ii) that the method adopted or proposed to be adopted by the applicant for preventing noxious or offensive vapours, gases or smells arising from such work or trade are not efcient.

(2) A local authority may cancel any licence granted by it on any such grounds as it may, by by-law, specify and, in addition, on any of the following grounds, whether specied in such by-law or not (a) with respect to any licence, that it is contrary to the public interest for such licence to remain in force; and (b) additionally, with respect to any licence specied in subsection (1) (b) (i) that the premises to which the licence relates or any ad- jacent premises owned or occupied by the holder of the licence are frequented by persons of bad character; (ii) that the continuation of such licence in force would be calculated to cause nuisance or annoyance to persons residing in the neighbourhood; and (c) additionally, with respect to any licence for the carrying on of any work or trade specied in section 163 or under paragraph (f) thereof declared to be an offensive trade (i) that the premises used by the holder of the licence have become unsuitable for the purpose; (ii) that the methods adopted by the applicant for preventing noxious or offensive vapours, gases or smells arising from the work or trade to which such licence relates are not efcient.

(3) Any applicant for the grant or the renewal of a licence or a5 of 1998, s.

44.

business permit; whose application has been refused, and any person whose licence or business permit has been cancelled by a local authority under this section, may appeal against such refusal or cancellation to a subordinate court of the rst class within whose jurisdiction the premises in or at which the applicant intended to conduct or was conducting his trade, business, or occupation is situate, and in the event of the appellant satisfying the court that the licence or business permit or renewal thereof was refused or, as the case may be, that the licence or CAP100.

265 Local Government [Rev.

2010 business permit was cancelled on insufcient grounds, the court may order such local authority to grant such licence or business permit or a renewal thereof or, as the case may be, the court may declare that the cancellation was invalid.

(4) Where the court orders a local authority to grant such licence 5 of 1998, s.

44.

or business permit or renewal thereof, then, subject to subsection (5), such licence or business permit or a renewal thereof shall be granted accordingly; and where the court declares that the cancellation of a licence or business permit was invalid, then subject to subsection (5), the licence or business permit which the local authority purported to cancel shall remain in force as if no such purported cancellation had been made.

(5) The appellant or the local authority concerned in any appeal under subsection (3) may appeal to the High Court against any such order or declaration of the subordinate court and the decision of the High Court thereon shall be nal.

Planning.

166.

Every municipal council, county council or town council 31 of 1971, Sch.

may, subject to any other written law relating thereto, prohibit and control the development and use of land and buildings in the interest of the proper and orderly development of its area.

Burials.

167.

(1) It shall be the duty of every municipal council, town council or urban council, to provide for the burial of all destitute persons LN.

634/1963, who die within its area: 31 of 1971, Sch., 11 of 1984, Sch.

Provided that in respect of persons (i) who die in hospital, and who immediately prior to their admission to hospital, had not lived within such local authoritys area for a period of at least three consecutive months; or (ii) who die in gaol, the local authority shall be entitled to recover the reasonable cost of burial from the Government.

(2) If any person brought into the area of any such council by any other person carrying on the business of recruiting labour, shall die in such area within one month after his arrival, such council may recover from such other person or his employer or principal such burial charges as may be xed by by-laws relating to cemeteries or otherwise.

(3) It shall be the duty of every municipal council, town council Local Government CAP.

265 101 Rev.

2010] and urban and area council, to ensure that in its area there are adequate and suitable arrangements for the burial or cremation of the dead.

168.

(Repealed by 8 of 2002, s.

111.).

169.

(Repealed by 8 of 2002, s.

111.).

170.

(Repealed by 8 of 2002, s.

111.).

171.

(Repealed by 8 of 2002, s.

111.).

172.

(Repealed by 8 of 2002, s.

111.).

173.

(Repealed by 8 of 2002, s.

111.).

174.

(Repealed by 8 of 2002, s.

111.).

175.

(Repealed by 8 of 2002, s.

111.).

176.

(Repealed by 8 of 2002, s.

111.).

Housing 177.

(1) A municipal council, town council or an urban council may, subject to any written law relating thereto Housing and advances for housing.

(a) lay out building plots or otherwise subdivide any land 31 of 1971, Sch., 11 of 1984, Sch.

acquired or appropriated by it, whether within or without its area, for the purpose of housing schemes for the inhabitants of its area; (b) erect and maintain dwelling-houses with their appurtenant outbuildings on such plots or subdivisions of land; (c) convert buildings into dwelling-houses and alter, enlarge, repair and improve the same; (d) let any dwelling-house erected or provided by it and charge such reasonable rent for the tenancy or occupation thereof as it may determine; (e) sell any such dwelling-house to a person undertaking to reside therein and recover the purchase price thereof by such instalments as it may determine; (f) sell, let or otherwise dispose of any plot or subdivision of land referred to in paragraph (a) of this subsection to any CAP102.

265 Local Government [Rev.

2010 person for the purpose and under the condition that that person will erect and maintain thereon a dwelling-house for occupation by him; (g) sell, let or otherwise dispose of land acquired or appropriated by such local authority, to any person for the purpose and under the condition that that person will erect and maintain thereon such number of houses as may be determined by such local authority in accordance with plans approved by it.

(2) Nothing in subsection (1) shall authorise the disposal of land by a local authority, whether by sale, lease or otherwise, in breach of any trust, covenant or agreement binding upon the local authority.

(3) Subject to such conditions as may be prescribed by the Minister, a local authority may advance money to any person (a) to enable him to repair, reconstruct, enlarge or improve a dwelling-house occupied or intended to be occupied by him; or (b) to enable him to reconstruct, whether on land provided by such local authority or otherwise, a dwelling-house for occupation by him; or (c) to enable him to acquire for occupation by him any dwelling- house.

(4) The Minister may make rules regulating the making of advances under subsection (3) and in particular (a) for prescribing the nature of the security to be taken by the local authority in respect of any advance; (b) for requiring a valuation to be made of the property the subject of any such advance; (c) for prescribing the maximum proportion of the value of any property which may be advanced under the said subsection on the security thereof; (d) for prescribing the rate of interest to be paid on such advances; (e) for prescribing the method of repayment of such advances; Local Government CAP.

265 103 Rev.

2010] (f) for enabling such advances to be made by instalments paid from time to time as the work of construction repair, reconstruction, enlargement or improvement of the dwelling- house proceeds.

Water Supply 178.

(1) A municipal council, town council, or an urban or area Water supply.

L.N.

634/1963, council may undertake the supply of, and establish, acquire and maintain L.N.

34/1965, works for the supply of water within its area, and with the consent of any other local authority within the area of that local authority.

31 of 1971, Sch.

(2) Without prejudice to its power to make by-laws under this Act, a municipal council, town council or an urban or area council, may make by-laws under this Act in respect of and matter upon which, Cap.

372.

and to the extent to which, a water undertaker may make regulations under the Water Act.

(3) If any person shall require a supply of water from a local authority to premises occupied or about to be occupied by him and shall have previously quitted other premises at which water has been supplied by the local authority without paying all charges for water and all sums due to the local authority in respect of the supply thereof, the local authority may refuse such a person a supply of water, or if such supply has already been provided may forthwith cut off such supply, and for that purpose may cut or disconnect any pipe or other work through which the water may be supplied, and may until such charges or other sums together with the cost (if any) incurred by the local authority in cutting off such supply of water, is fully paid, but no longer, discontinue the supply thereof to such person.

(4) Any ofcer appointed thereto by the Minister may at all reasonable times enter any premises to which water is or has been supplied by the local authority, in order to inspect the pipes, meter, ttings, works and apparatus for the supply of water, or for the purpose of ascertaining the quantity of water consumed or supplied, or whenever the supply of water is no longer required, or whenever the local authority is authorised, to cut off the supply of water from such premises, or for the purpose of removing any pipes, meters, ttings, works or apparatus belonging to the local authority.

179.

A municipal council, town council, or an urban or area Diversion and canalisation of council may, subject to the Water Act, and any rules made thereunder, streams, etc.

divert, straighten, dene, and canalise the course of any stream or watercourse after giving notice and making compensation to any owner 31 of 1971, Sch.

Cap.

372.

or occupier of land, and to any person entitled to any rights or easements attached to land, abutting on such stream or watercourse.

CAP104.

265 Local Government [Rev.

2010 (2) In arriving at the amount of any compensation payable under this section regard shall be had to the enhanced or improved value, immediate or prospective, which shall or may accrue to any such land by reason of the carrying out of the aforesaid purposes or any of them.

(3) The amount of any such compensation as aforesaid shall, in default of agreement, be determined by arbitration.

Additional powers 180.

Every local authority, whether or not such local authority is relating to water.

Cap.

372.

a water undertaker under the Water Act, shall have power to compel the provision of a proper and sufcient water supply for every dwelling- house, school, store, shop, factory or workshop, if the local authority considers that the provision of such supply is necessary, practicable and reasonable.

Electricity Supply Works of the supply 181.

(1) Subject to the Electric Power Act and to any other of electricity, light, heat and power.

written law relating thereto, a local authority may undertake the supply L.N.

634/1963.

of, and may establish, acquire and maintain works for the supply of Cap.

372.

electricity, light, heat or power within its area, or with the consent of any other local authority, within the area of that local authority; and without prejudice to the generality of the foregoing, a local authority may sell (including sale against payment by instalments) electric lines, ttings, and appliances to private consumers.

(2) With prejudice to any power conferred by or under the Electric Cap.

314.

Power Act upon a licensee, subsections (3) and (4) of section 178 of this Act shall supply mutatis mutandis to and in relation to the supply of electricity by a local authority.

part XIICertaIN pOwerS, dutIeS aNd prOvISIONS relatINd tO rOad aNd FerrIeS Control and vesting 182.

(1) Every municipal council or town council shall have the of public streets in general control and care of all public streets which are situated within municipalities and townships.

its area, and the same are hereby vested in such local authority in trust to keep and maintain the same for the use and benet of the public.

31 of 1971, Sch.

(2) A municipal council or town council may make, construct, alter, and repair and for any such purpose temporarily close or divert, any such street, and may make new streets.

(3) A municipal council or town council may, subject to any law relating to road trafc, by order, prohibit the driving of vehicles on any specied road otherwise than in a specied direction: Local Government CAP.

265 105 Rev.

2010] Provided that no such order shall be made unless notice of the intention to make the same shall be published in the Gazette at least fourteen days before the date on which it is intended to make such order, and, before making such order, there shall be taken into consideration (i) any objections which may have been made to the making thereof; and (ii) the existence of alternative routes suitable for the trafc which would or might be affected by the order.

183.

(Repealed by L.N.

35/1970.).

184.

(1) Subject to the Mining Act, a local authority, by its agents Powers of local and ofcers, for the purpose of the construction and maintenance of authorities to take roads or the carrying out of any works which it is empowered under this materials for roads and works.

Act or under any agreement, direction, delegation or transfer entered L.N.

634/1963, into, given or made under this Act to carry out, may enter upon any L.N.

34/196.

land within its area and remove therefrom any clay (other than kaolin), Cap.

306.

country rock, gravel, murram, lime, sand, shale, shingle, slate or surface soil, and may carry across any land, by a route to be agreed between the owner or occupier thereof and the local authority, such material removed from other land, and may provide in connection with such functions labour or other camps, works buildings, access roads, and space for stockpiling, and may erect machinery and other gear for the purpose of quarrying any such material.

(2) Before entering upon any land for the purpose of exercising any of the powers conferred by subsection (1), the local authority shall give not less than one months notice by personal service or by registered post to the last known address of the owner or occupier of such land, of the intention to enter upon such land, the powers which it proposes to exercise, and the area of such land to which it will conne its activities.

(3) If the owner or occupier of such land is aggrieved by the proposed exercise by the local authority of the powers conferred by this section or by the proposed exercise of the powers in the area specied in the notice, he may, within one month from the service upon him of the notice under subsection (2), make representations to the Minister thereon and shall within the same period inform the local authority concerned of the nature of such representations.

(4) Where representations are made to the Minister under subsection (3), the Minister may, after consulting the local authority CAP106.

265 Local Government [Rev.

2010 concerned, give such direction to the local authority thereon as he thinks t.

(5) Compensation shall be payable by a local authority to the owner or occupier of any land for any damage done to buildings, roads or crops, or otherwise, in the exercise by it of any of the powers conferred upon it by this section, and for any interference with the rights of occupancy of such land, and the amount of such compensation shall, in default of agreement, be determined by arbitration.

(6) If, as a result of the exercise of any of the powers conferred by this section, a danger to persons (other than employees of the local authority or of their agents) or to domestic animals is created, the local authority shall, at the request of the owner or occupier of the land, carry out fencing at its own expense to such an extent as adequately to guard against such danger.

(7) The sites for any labour or other camps to be provided by the local authority and the alignment of any roads of access shall be determined by the local authority only after consultation with the owner and occupier of the land on which the same are to be situate.

(8) Any pit or quarry made in exercise of any of the powers conferred by this section shall, at the request of the owner or occupier of the land, be lled up or, in the discretion of the local authority, fenced, at the expense of the local authority, when the local authority abandons such pit or quarry.

Cap.

385.

(9) This section shall be subject to the Forests Act and any rules made thereunder, and to the extent of any inconsistency between this section and that Act and any rules thereunder, the latter shall prevail.

(10) For the purpose of this section, the expression owner or occupier means in respect of Government land, the Commissioner Cap.

283.

of Lands, in respect of Trust land (other than land the title to which is registered under the Land Consolidation Act) means the county council or other local authority having jurisdiction over the area in question under section 115 of the Constitution, and in respect of forest areas, means the Chief Conservator of Forests.

Power respecting the 185.(1) Subject to this section, a municipal council may permanently close or divert or alter the line of any street or road vested permanent closure, in it under this Act.

etc., of streets and roads.

(2) Before any such closing or diversion or alteration is carried L.N.

35/1970.

out, the municipal council shall Local Government CAP.

265 107 Rev.

2010] (a) prepare a plan showing the nature thereof; and (b) not less than one month before the proposed commencement of the work, give notice in the Gazette and in one or more newspapers (if any) circulating in its area, as well as by a sufcient number of placards posted on or near the street or road which it is proposed to close, divert or alter, of the proposed work and of a place where the said plan may be inspected at all reasonable hours; and (c) serve a copy of the said notice on the owners or reputed owners, lessees or reputed lessees, and occupiers of all property abutting upon the said street or road or appropriate part thereof and, where it is proposed to divert or alter the line of such street or road, of all property which will abut upon the street or road if diverted or altered as aforesaid, whose address can after reasonable inquiry be ascertained; and (d) if the proposed closure, diversion or alteration will affect land not vested in the municipal council, serve a copy of the said notice on the Commissioner of Lands; and (e) in the case of a proposal to close a road, serve a copy of such notice upon the Minister for the time being responsible for town planning.

(3) If the Commissioner of Lands or any person interested as owner, lessee or occupier in any property abutting on the street or road which it is proposed to close, divert or alter under this section, or any other person aggrieved by such proposed closure, diversion or alteration, shall at any time within the period of one month from publication of the notice in the Gazette and in one or more newspapers (if any) as aforesaid, or, where such notice is published on different dates, within the month from the last date of publication, serve written notice on the municipal council of any objection to such closure, diversion or alteration, then, unless such objection is withdrawn, such closure, diversion or alteration shall not be carried out without the sanction of the Minister who may, on the application of the municipal council and after such inquiry (if any) as he may deem necessary, make an order disallowing or allowing the proposed work or allowing it with such modications as he may deem necessary.

(4) On completion of any work to which this section applies the municipal council shall give notice thereof to the Minister and shall forward a plan thereof, prepared by a registered land surveyor or by some other person approved in writing by the Commissioner of Lands, to the Commissioner of Lands, showing all details of such closure, diversion or CAP108.

265 Local Government [Rev.

2010 alteration, and the Commissioner of Lands shall cause such amendments as may be necessary to be made in his plan (if any) of the area.

Powers relating 186.

(1) A local authority may, with the approval of the to ferries and toll Minister bridges.

(a) without prejudice to the exercise of any powers or duties L.N.

35/1970.

conferred or imposed by the Ferries Act, establish and Cap.

410.

maintain toll bridges and services of ferry boats, together with landing places, approaches, ramps and other essential appurtenances, for the passage or carriage of passengers, animals, goods and vehicles using any road vested in such local authority under this Act; and (b) enter into an agreement with any person for the establishment and maintenance by such person of any toll bridge or service of ferry boats which such local authority is under paragraph (a) itself authorised to establish and maintain, and for providing to such person such nancial assistance in connection therewith as the Minister may approve.

(2) Whenever any toll bridge or service of ferry boats is established and maintained by a local authority under this section, or by any person under an agreement entered into between such person and a local authority under subsection (1) (b), such local authority may, with the approval the Minister, by order, prohibit any person (other than a person with whom the local authority has entered into an agreement as aforesaid) except with the written consent of and subject to such conditions as may be imposed by, the local authority, from operating a toll bridge or carrying on a ferry boat service within the area of such local authority or any part thereof, and within such hours, as my be specied in such order: Provided that the right of any person to ply for hire within the area of such local authority with any ferry boat for the unexpired period of any licence granted under any law in force in Kenya and issued to him prior to the date of the coming into force of such order of prohibition, and the right of any person to carry for hire or reward any passengers departing to or arriving from any place outside the limits of any prohibited area, shall not be affected.

(3) Before making an order of prohibition under subsection (2), the local authority shall cause notice of its intention to introduce and pass a resolution for the purpose to be published in the Gazette and in at least one newspaper circulating in the area, and such notice shall be given once in each week for four succeeding weeks.

Local Government CAP.

265 109 Rev.

2010] (4) Any objections received by the local authority to the making of such an order of prohibition shall be laid before the local authority at a meeting appointed to consider the resolution referred to in subsection (3), and copies of such objection and of the resolution, together with a notication of the adoption of such resolution shall be forwarded by the local authority to the Minister.

(5) If and when the Minister, after considering the objections (if any) and the resolution of the local authority, approves the making of the order, such order shall be made under the hand of the clerk or such other person authorised in its behalf by the local authority and shall be published in the Gazette and in at least one newspaper (if any) circulating in the area of the local authority, and shall come into operation on such day as may be specied in such order.

(6) A local authority may by order revoke an order of prohibition made by it under this section and may, in like manner, vary any such order by extending or reducing the period of the operation thereof or by extending or reducing the area or areas to which it applies.

(7) The making of an order of revocation or variation under this section shall be subject to the procedure prescribed in subsections (3), (4) and (5) as if such order were an order being made under subsection (2).

(8) Save as is provided in subsection (2), any person other than a person with whom the local authority has entered into an agreement under subsection (1) (b) who, without the written consent of the local authority signied in writing under the hand of the clerk or of such other person as may be authorised in its behalf by the local authority, or in contravention of any condition under subsection (2), operates or carries on within a prohibited area any toll bridge or service of ferry boats, or who plies for hire or reward any ferry boat within a prohibited area, shall be guilty of an offence and shall be liable to a ne not exceeding two thousand shillings or to imprisonment for a period not exceeding two months, and, in addition, to a ne not exceeding two hundred shillings in respect of each and every day upon which he operates or carries on such toll bridge or service of ferry boats or plies for hire or reward such ferry boats as aforesaid.

(9) The Minister shall, before he gives any approval required under this section, consult the Minister for the time being responsible for communications.

(10) For the purposes of the application of this section to the Municipality of Mombasa, the term ferry boat means any oating vessel, propelled by any means whatsoever plying for hire within the CAP11 0.

265 Local Government [Rev.

2010 municipality for the purpose of carrying passengers, animals, goods or vehicles between any two points one of which is a point on the Island of Mombasa and the other of which is a point on the coast mainland within a radial distance of one mile from the Island of Mombasa: Provided that the said term shall not include any such oating vessel which is not capable of carrying more than three passengers and three hundred pounds in weight of goods.

187.

(Repealed by L.N.

35/1970.).

188.

(Repealed by L.N.

749/1963.).

189.

(Repealed by L.N.

35/1970.).

190.

(Repealed by L.N.

13/1968, s.

3.).

191.

(Repealed by L.N.

35/1970.).

192.

For the purposes of this Part, vesting, in relation to a road, Denition of vesting means the transfer of the possession of the surface of the land concerned for use as a road and such material below and space above the surface as may be necessary, together with the possession of the rights of a highway authority, but shall not mean the transfer of the ownership of the land.

Saving in respect 192A.

Nothing in this Part shall apply to any road declared by of national and the Minister under any written law to be a national or international international roads.

trunk road.

L.N.

634/1963.

part XIIICertaIN prOvISIONS relatING tO addItIONal pOwerS aNd traNSFerS aNd deleGatIONS OF pOwer Delegation of 193.

The authority for the time responsible for any trunk road, functions relating to may, by agreement with a municipal council, delegate to such council trunk roads.

L.N.

35/1970.

as agent for and at the cost of such authority, the execution of the whole or any part of the functions of that authority with regard to such trunk road.

Transfer of road 194.

A municipal council may, if so requested by any road functions to road authority, and shall, if so directed by the Minister, transfer to such road authority and authority all or any of the functions conferred or imposed upon such arrangements for municipal council by this Act relating to roads or to any class of roads discharge of such or to any specied road or roads in the area of such municipal council functions.

and the road authority may thereupon make such arrangements for the L.N.

35/1970.

carrying out by the Minister responsible for works or otherwise, as to it seems t, of such functions in respect of the said roads, class of roads Local Government CAP.

265 111 Rev.

2010] or specied road or roads, as the case may be: Provided that if the municipal council so requests, the Minister shall order an inquiry under section 245 into the transfer or proposed transfer and the surrounding circumstances.

195.

(Repealed by L.N.

35/1970.).

196.

(1) Subject to any written law relating thereto, a county Power of county councils or town council or town council may, with the consent of the Minister, delegate to the council of any county division within county with or without councils to delegate restrictions the discharge within the area of such county division of functions.

any of its functions.

31 of 1971, Sch., 11 of 1984, Sch.

(2) The council of a county division may make representations to the council of the county in which such division is situate with a view to the county council delegating to it under this section the exercise of any of its functions in the area of the county division.

(3) Where, after any representations have been made, the county council refuses to delegate to the council making representations any of the functions the subject of such representations, the council making the representations may apply to the Minister to exercise his powers under subsection (4).

(4) On receipt of an application under subsection (3), the Minister may, in his discretion refuse to exercise any of his powers under this subsection or, after giving the county council and the council of the county division an opportunity to make representations to him on the application, he may by notice in the Gazette, confer upon the council of the county division making the application, with or without restrictions or conditions, all or any of the functions for which application was made and thereupon the council of the county division shall be deemed to possess that function or functions by delegation from the county council.

(5) Where any function has been delegated or deemed to have been delegated to an urban or area council under this section, that urban council shall alone be entitled to discharge such function within the county division, and in the discharge of such function shall act as agent of the county council.

(6) Where any function is delegated or deemed to have been delegated under this section, the general nancial arrangements arising from the discharge of such function by the urban or area council shall be agreed between the county council and the urban council or, in default of agreement, be determined by the Minister.

CAP11 2.

265 Local Government [Rev.

2010 Relinquishment of 197.

(1) The council of any county division for the time being functions by urban responsible for the discharge of any function conferred upon it by this councils.

or any other written law may at any time, with the consent of the council 11 of 1984, Sch.

of the county in which the county division is situate, relinquish such function, and as from the date of relinquishment such function may be discharged within the county division by such county council as if it had been conferred upon the county council in respect of such county division by this Act.

(2) The county council may make representations to the council of any county division within the county with a view to the council of the county division relinquishing any of its functions under subsection (1).

(3) Where, after any such representations have been made, the council of the county division refuses to relinquish any of its functions the subject of such representations, the county council may apply to the Minister to exercise his powers under subsection (4).

(4) On receipt of an application under subsection (3), the Minister may, in his discretion, refuse to exercise any of his powers under this subsection or, after giving the county council and the council of the county division an opportunity to make representations to him on the application, he may, by notice in the Gazette, confer upon the county council making the application, with or without restrictions or conditions, all or any of the functions for which application was made and thereupon the council of the county division shall be deemed to have relinquished such function or functions.

(5) Where any function is relinquished or deemed to have been relinquished under this section, the general nancial arrangements arising from the discharge of such function by the county council in the county division shall be agreed between the county council and the council of the county division relinquishing the function or, in default of agreement be determined by the Minister.

198.

(Repealed by 11 of 1984, s.

25.).

Powers of county 199.

In any area of a county where there is no county division, council where there the county council shall have and may exercise all the functions of a is no county division.

council of a county division as prescribed or provided for in this or any other written law.

200.

(Repealed by L.N.

634 of 1963.).

Local Government CAP.

265 113 Rev.

2010] part XIvby-lawS 201.

(1) Subject to section 202, a local authority may from time Power to make to time make by-laws in respect of all such matters as are necessary or by-laws.

L.N.

22/1984.

, desirable for the maintenance of the health, safety and well-being of the inhabitants of its area or any part thereof and for the good rule and 6 of 2006, s.

73.

government of such area or any part thereof and for the prevention and suppression of nuisances therein and, more particularly, but without prejudice to the generality of the foregoing (a) for controlling any of the things which it is empowered by or under this Act to do, establish, maintain or carry on; and (b) for controlling or regulating any of the things which, and any of the persons whom, it is empowered by or under this Act to control or regulate; and (c) for prohibiting or preventing by prohibition any of the things which it is empowered by or under this Act to prohibit; and (d) for requiring or compelling the doing of any of the things which it is empowered by or under this Act to require or compel.

(2) A local authority may, by by-law, prescribe all or any of the following penalties which may be imposed for breach of any by-law made by it under this Act, that is to say (a) a ne not exceeding two thousand shillings in respect of a rst offence and not exceeding three thousand shillings in respect of a second or subsequent offence, or imprisonment for a period not exceeding six months in respect of a rst offence and not exceeding nine months in respect of a second or subsequent offence, or both such nes and such periods of imprisonment; and (b) in addition to the penalty provided in the preceding paragraph, in the case of continuing breach of any such by-law, a ne not exceeding twenty shillings for every day during which the offence continues: Provided that any by-law which under this paragraph prescribes a ne for each day during which an offence continues shall also provide that the aggregate of any such nes imposed shall not, in the case of any one continuing breach of the by-law in question, exceed two thousand shillings; CAP11 4.

265 Local Government [Rev.

2010 and a local authority may, by by-law, further prescribe that, in addition to any such penalty as aforesaid, any expenses incurred by the local authority in consequence of the breach of any by-law made by it under this Act or in the execution of any work directed by any such by-law to be executed by any person and not executed by him, shall be paid by the person committing such breach or failing to execute such work.

(3) Any by-law made by a local authority under this Act may (a) require acts or things to be performed or done to the satisfaction of a specied person, and may empower a specied person to issue orders to any person requiring acts or things to be performed or done, imposing conditions and prescribing periods and dates upon, within or before which such acts or things shall be performed or done or such conditions shall be fullled; and (b) confer on the ofcers of such local authority such powers of inspection, inquiry and execution of works as may be reasonably necessary for the proper carrying out or enforcement thereof.

(4) Where a local authority is empowered to make by-laws controlling the doing of any act, and such by-laws require any person to obtain a licence from a specied authority before the doing of such act, such by-laws may require the deposit of such sum or the execution of a bond with or without sureties, as may be prescribed in such by-laws, in addition to any fee which may be prescribed, such sum to be refunded or such bond to be void, as the case may be, if the person to whom such licence is granted complies with all the conditions of such licence.

(5) By-laws which affect any cultural or natural heritage declared 6 of 2006, s.

73.

or deemed to have been declared as such by the Minister may only be made after consultation with the National Museums of Kenya.

Restrictions on 202.

(1) A local authority shall not, in exercise of the general making by-laws.

power conferred by subsection (1) of section 201 to make by-laws for 11 of 1984, Sch.

the maintenance of the health, safety and well-being of the inhabitants or for good rule and government or for the prevention and suppression of nuisances, make any by-law under that subsection as respects its area of jurisdiction or any part thereof, if such by-law could be made as respects the same area or such part thereof under any written law other than this Act whether by that local authority or any other local authority.

(2) Where any inconsistency or repugnancy exists between Local Government CAP.

265 115 Rev.

2010] any by-law made under this Act by the council of a county as respects any county division or any part thereof and any by-law made under this Act by the council of that county division as respects the county division or such part thereof, then as respects that county division or part thereof and to the extent of such inconsistency or repugnancy, the by-law which rst came into operation, or where both such by-laws came into operation on the same day, the by-law made by the council of the county shall prevail.

(3) Nothing in this Act contained shall be deemed to empower a local authority to make by-laws overriding or derogating from the provisions of any other written law for the time being in force in Kenya.

203.

(1) At least fourteen days before the making by any local Procedure for making by-laws.

authority of any by-laws under this Act, notice of the intention to make such by-laws and of the general purport thereof shall be given in one 31 of 1971, Sch.

or more local newspapers circulating in the area to which the by-laws are intended to apply: Provided that a town council, a county council, or a council of a county division, with the consent of the Minister and in lieu of compliance with the foregoing provisions of this subsection may, before making any by-laws under this Act, give such length of notice in such manner of the intention to make such by-laws and of the general purport thereof as the Minister may direct, or in the absence of any such direction, as it thinks reasonable, for bringing the notice to the attention of the inhabitants of the area to be affected by such by-laws.

(2) For at least fourteen days before the making of any by-laws under this Act a copy of the proposed by-laws shall be deposited at the ofces of the local authority which intends to make the by-laws and shall at all reasonable hours be open to public inspection without payment, and the local authority shall on application by any person furnish to such person a copy of such proposed by-laws for which in its discretion, the local authority may make a charge of such amount, not exceeding fty cents for every hundred words thereof, as it may determine.

(3) Any objection to the proposed by-laws shall be lodged in writing with the local authority within twelve days after the date on which the notice, or the latest notice where there is more than one, of the intention to make such by-laws was given under subsection (1) or within such longer period as may be specied in such notice: Provided that where a longer period is specied in the notice such by-laws shall not be made until at least two clear days have elapsed after the expiration of such longer period.

CAP11 6.

265 Local Government [Rev.

2010 Submission of 204.

(1) After any by-law has been made by a local authority by-laws for approval.

under this Act it shall be submitted to the Minister for his approval.

(2) Every by-law submitted for approval under subsection (1) of this section shall be accompanied by (a) a certied copy of the minutes of the meeting of the local authority at which the by-law was adopted; (b) a certicate by the clerk that section 203 of this Act has been complied with; and (c) copies of any objection to the adoption of the by-law which has been lodged in writing with the local authority, or, if no such objection has been lodged, a statement to that effect.

(3) The Minister may approve, with or without alteration or reject any such by-law.

(4) No by-law made under this Act shall have the force of law until it has been approved, whether with or without alteration, by the Minister, and published, or notice thereof published, in the manner provided by section 205 (1) or, in the case of any by-law exempted under the proviso to section 205 (1), until it has been communicated to the inhabitants pursuant to section 205 (3).

Publication, 205.

(1) Upon the signication of the approval of the Minister communication and coming into of any by-law, the clerk of the local authority which made such by-law shall cause the by-law, or a notice stating that the by-law has been operation of by-laws, etc.

approved, to be published in the Gazette: 31 of 1971, Sch.

Provided that the Minister may exempt any town council, county council or council of a county division from compliance with the requirements of the foregoing provisions of this subsection in respect of its by-laws generally or in respect of any class of by-laws or any particular by-laws.

(2) Subject to any other written law (including the other provisions of this Act) every by-law shall have the full force of law within the area to which it applies on the date of publication of the by-law or of the notice, as the case may be, or, in the case of a by-law exempted from publication in the Gazette, on the date on which it is communicated to the inhabitants under subsection (3) or, in either case, on such other day as may be expressed in the by-law as being the date on which the same is to come into operation and, if another date is so expressed, the notice, where a notice is published under subsection (1), shall so state, Local Government CAP.

265 117 Rev.

2010] or, in the case of a by-law exempted as aforesaid, such date shall be communicated to the inhabitants of the area affected thereby in like manner as for the substance and effect thereof.

(3) The substance and effect of all by-laws which have been duly approved shall be communicated by the local authority which made them to the inhabitants of its area in such manner as the Minister may direct or, in the absence of any such direction in such manner as the local authority shall determine, and in the case of any such communication which is made otherwise than by publication in the Gazette, the clerk of the council which made the by-law shall notify the Minister when such communication has been made and of the date thereof.

206.

(1) A copy of every by-law which has been approved by Admissibility in evidence of signed the Minister, signed or purporting to be signed by the clerk of the local copy of by-laws and authority which made it and approved by the Minister, shall be kept by the clerk and shall be admissible in evidence without further proof certicates of clerks.

and shall be evidence of the due making of such by-law and of the L.N.

634/1963, L.N.

34/1965.

contents thereof.

(2) The production of a printed copy of any by-laws purporting to be made by a local authority upon which is endorsed a certicate purporting to be signed by the clerk of the local authority stating (a) that the by-laws were made by that local authority; (b) that the copy is a true copy of the by-laws; (c) that on a specied date the by-laws were approved by the Minister; and (d) the date from which the by-laws have effect, shall be prima facie evidence of the facts stated in the certicate without proof of the handwriting or ofcial position of the person purporting to sign the certicate.

207.

A copy of every by-law which has been approved by the Deposit, inspection and supply of copies Minister shall be deposited at the ofces of the local authority which of by-laws.

made the by-law and shall at all reasonable hours be open to public inspection without payment, and the local authority shall on application of any person furnish to such person a copy thereof for which, in its discretion, the local authority may make a charge of such amount not exceeding ve shillings, as it may determine.

208.

All offences against any by-law made under this Act and in Prosecution for force in any part of the area of a local authority shall be deemed to be contravention of CAP11 8.

265 Local Government [Rev.

2010 by-laws.

offences against this Act, and in any prosecution for contravention of any such by-law, it shall be sufcient to allege that the accused is guilty of contravening a by-law, the number and title of which shall be stated, of the local authority concerned and to allege the act constituting such contravention.

209.

(1) Where any person is convicted a second or subsequent Order to afx to time within a period of twelve months of having contravened any by-law premises notice of by selling or exposing for sale or depositing for the purpose of sale or conviction for sale, etc., of unsound food.

preparation for sale, or of having in his possession, any animal or article (whether solid) intended for human consumption which is diseased or unwholesome or unt for human consumption, the court, if it nds that such person knowingly or wilfully committed both or all the offences, may, in addition to inicting any other punishment, order that a notice of the facts be afxed, in such form and manner and for such period, not exceeding twenty-one days as may be specied in the order, to any premises occupied by such person, and may further order such person to pay the costs of such afxing.

(2) If any person obstructs the xing of any such notice, or removes, defaces or conceals such notice while afxed during the said period, he shall be guilty of an offence and shall, for each such offence, be liable to a ne not exceeding two hundred shillings.

Power to make 210.

(1) The Minister may by order adoptive by-laws.

(a) make adoptive by-laws in respect of any matter concerning which a local authority has power to make by-laws under this Act or any other written law; and (b) specify the extent to which those by-laws may be adopted by any local authority, or class of local authorities.

(2) Subject to this section and any order made under subsection (1), a local authority may adopt any such by-laws as aforesaid which relate to any of its functions.

(3) Before adopting any such by-laws, the local authority shall give notice of its intention so to do, and section 203 (1) shall apply in respect of such notice as the same applies in respect of the notice under that section.

(4) The adoption of any such by-laws by a local authority shall be by resolution of the local authority, which resolution shall, in addition, state the date of the coming into operation thereof.

(5) The resolution of a local authority adopting any by-law under Local Government CAP.

265 119 Rev.

2010] this section shall be published in the Gazette: Provided that the Minister may exempt any county council or council of county division from compliance with the foregoing provisions of this subsection generally in respect of all by-laws adopted by it or in respect of any class of by-laws or particular by-laws so adopted.

(6) Section 205 (3) shall apply with respect to by-laws adopted by a local authority under this section in like manner as respects by-laws referred to in that section.

(7) By-laws adopted by a local authority under this section shall come into operation on the date of publication in the Gazette of the resolution adopting the same or where the local authority concerned is exempted from publishing the resolution, on the date on which the clerk of the local authority noties the Minister that the adopted by-laws have been communicated to the inhabitants under subsection (6) or, in either case, on such other day as may be expressed in the resolution adopting the by-laws as being the date on which the by-laws are to come into operation.

(8) By-laws adopted by a local authority under this section (a) shall have the same force and effect as if made by the local authority; (b) may be revoked by resolution of the local authority, to which resolution subsection (5) shall, mutatis mutandis, apply, and the substance and effect of any such resolution shall be communicated to the inhabitants in like manner as is provided in section 205 (3) and such revocation shall take effect from the date of publication of the resolution in the Gazette or, if the local authority is exempted from so publishing the resolution, from the date on which the clerk of the local authority noties the Minister that the resolution has been communicated to the inhabitants as aforesaid; and (c) may be amended by the adoption of an amendment made to them by the Minister, but unless the local authority concerned adopts any such amendment under this section, such amendment shall not be effective within its area.

210A.

At the commencement of this section, all by-laws, licences, Licences, etc., to be fees, permits and other charges imposed by every local authority shall resubmitted for new be resubmitted to the Minister for new approval notwithstanding that approvals.

an approval may have been given by the Minister in respect of such by- 17 of 2006, s.

19.

CAP120.

265 Local Government [Rev.

2010 laws, licences, fees, permits or other charges prior to the commencement of this section.

Councils of county 211.

The council of a county division shall have power to enforce divisions may by-laws made by the council of the county in which such county division enforce by-laws of county councils.

is situate, which are for the time being in force in such county division or any part thereof.

part XvFINaNCIal prOvISIONS Annual and 212.

(1) Not less than fourteen days before the commencement supplementary estimates.

of every nancial year, the nance committee of every local authority shall present to the local authority detailed estimates of its income L.N.

634/1963, and expenditure during the forthcoming nancial year, and the local L.N.

191/1964, authority, that is not a municipality, shall approve the same with or 11 of 1984, Sch.

without amendments; in the case of a municipality the council shall either approve the same without amendments, or shall remit the estimates to the nance committee, for resubmission thereto by that committee: Provided that in the case of the City Council of Nairobi (i) the estimates shall be passed at a meeting of the council especially convened for the purpose, by a majority; (ii) the estimates shall not be amended without prior con- sultation with the nance committee in reference to the proposed amendments.

(2) As soon as may be after its approval of its estimates, but not later than such date (if any) as may be determined by the local authority to which it is hereby required to forward its estimates (a) the council of every county division shall forward its estimates to the council of the county in which such county division is situate; (b) (c) } (Deleted by 11 of 1984, Sch.).

(3) (4) As soon as may be after approval of its own estimates, but not later than such date (if any) as the Minister may x as the last date for the submission of estimates of any particular local authority or class of local authorities, every municipal council and county council shall submit copies of its own estimates to the Minister and, in the case of a county council, at the same time submit copies of all estimates forwarded to it under subsection (2) (a) together with its recommendations thereon.

Local Government CAP.

265 121 Rev.

2010] (5) Every municipal council and county council shall submit to the Provincial Commissioner of the Province copies of any estimates submitted to the Minister under subsection (4) and the Provincial Commissioner may thereupon make any recommendations to the Minister with respect to such estimates.

(6) Where in any nancial year it appears to a local authority that (a) expenditure for a special purpose is desirable; and (b) no or insufcient provision has been made for it in the annual estimates for that year, such local authority may prepare or cause to be prepared, and may approve, supplementary estimates, and subsections (2), (3) and (4) shall apply mutatis mutandis thereto and in respect thereof.

(7) All annual, revised and supplementary estimates shall be prepared in such form and contain such detailed information as the Minister may require.

(8) A summary of all estimates prepared by the local authority may be published by the local authority in a local newspaper (if any) circulating in its area, or in such other manner as the local authority may direct.

(9) The clerk of every local authority shall, on application made not earlier than twenty-one days before the meeting of the local authority to consider its annual or supplementary estimates for the purpose of approval thereof, deliver to any inhabitant of the area of jurisdiction of such local authority a copy of such estimates on payment of such fee, if any, as may be prescribed by resolution of such local authority.

213.

(1) The Minister shall within sixty days consider the annual Ministers powers or supplementary estimates as submitted and may either approve or respecting estimates.

disallow them as a whole or disallow one or more of the items contained L.N.

191/1964, 9 of 2000, s.

81, therein, and may make such modications or conditions as he thinks 11 of 2000, s.

85.

t.

(2) Where the Minister approves any estimates or any item or items in any estimates subject to any condition, then, until such condition is satised by the local authority concerned, those estimates or that item or items, as the case may be, shall for the purposes of this section be deemed to be disallowed.

CAP122.

265 Local Government [Rev.

2010 (3) The Minister may from time to time exempt any local authority or class of local authorities from the requirement to obtain his approval of their estimates.

(4) A summary of all estimates approved by the Minister under this section, and of all estimates which did not require such approval, shall be recorded in the minutes of the local authority which prepared them or caused them to be prepared.

(5) For the purposes of this Act the expression approved estimates means (a) in the case of a local authority which is exempt under this section from the requirement to obtain the Ministers approval of its estimates, the estimates of such local authority; and (b) in the case of all other local authorities, the estimates (other than any estimates for the time being deemed to be disallowed by virtue of subsection (2) approved by the Minister under this section with such modications (if any) subject to which such approval was given but excluding from such estimates such parts (if any), and any item or items, disallowed by the Minister, and any item or items for the time being deemed to be disallowed under subsection (2).

Expenditure to be 214.

(1) Subject to subsection (2), no local authority shall incur in accordance with any expenditure which is not included in the approved estimates of estimates.

such local authority: L.N.

191/1964, 13 of 1970, s.

8.

Provided that the Ministers approval under section 222 of the raising of any loan for any specied capital expenditure shall be deemed to include approval of that capital expenditure.

(2) If the annual estimates of a local authority are not approved or disallowed by the Minister before the commencement of the nancial year for which they are prepared, such local authority may, until the approval or disallowance, continue to incur expenditure on (a) personal emoluments, excluding special emoluments; (b) other recurrent charges, at monthly rates not exceeding those provided in the approved estimates of the preceding nancial year.

General and special 215.

(1) The expenses incurred by every local authority in the expenses.

discharge of its functions shall be divided into general expenses and Local Government CAP.

265 123 Rev.

2010] special expenses.

L.N.

191/1964.

(2) All expenses incurred by a local authority not declared by the Minister to be special expenses shall be general expenses.

(3) The Minister, on the application of a local authority which has incurred, or proposes to incur, for the purposes of any of its functions, expenses in respect of some particular area or areas within its area of jurisdiction over and above expenditure common to the whole of the area of jurisdiction of such local authority, may declare such expenses to be special expenses separately chargeable on such area or areas as the Minister may specify (in this Act referred to as contributory places) and, if the said expenses are declared to be chargeable on more than one contributory place, the Minister may apportion the expenses amongst the contributory places.

(4) The Minister may, before declaring any expenses to be special expenses, require that such conditions as he may, in all the circumstances of the case, see t to impose shall rst be satised.

216.

(1) There shall be a fund, to be known as the general rate General rate fund, county fund and fund, for each and every municipality, and a fund, to be known as the township rate fund.

county fund, for each and every county, and a fund, to be known as the L.N.

634/1963, township rate fund, for each and every township.

31 of 1971, Sch., 11 of 1984, Sch.

(2) All receipts, including the rents and prots of all land owned by a municipal council, a county council or a town council shall be carried to the general rate fund, or the county fund, or the township rate fund, as the case may be, and all liabilities falling to be discharged by each of the said local authorities shall be discharged out of the general rate fund, or the county fund or the township rate fund, as the case may be.

(3) For the purposes of this section (a) (Deleted by 11 of 1984, Sch.) (b) the receipts and liabilities of a county council shall include the receipts and liabilities of (i) the county council; and (ii) the council of any county division situate within that county.

(4) Separate accounts shall be kept of all receipts carried to and payments made out of the general rate fund or the county fund CAP124.

265 Local Government [Rev.

2010 or the township rate fund, as the case may be, for the purposes of the functions of each separate local authority, including each council of a county division (a) in respect of general expenses; and (b) in respect of each class of special expenses, except that where, as respects any two or more classes of special expenses, the contributory place is the same, one separate account may be kept as respects all expenses of both or all those classes.

Payments to and out 217.

(1) All payments to and out of the general rate fund or of funds.

the county fund or the township rate fund shall be made by the chief 31 of 1971, Sch., nancial ofcer.

11 of 1984, Sch.

(2) Every municipal council, county council or town council shall make standing orders regulating the making of payments out of the general rate fund or the county fund or township rate fund, as the case may be, in respect of (a) its own general and special expenses; and (b) in the case of county councils the general and special expenses of the council of every county division within the county.

General reserve 218.

(1) Every local authority shall create an adequate general funds.

reserve fund for the purpose of providing a sufcient working balance L.N.

634/1963, and for meeting unforeseen contingencies.

L.N.

191/1964.

(2) Every local authority may from time to time, and shall, if so directed by the Minister, make provision, in levying any rate, for increasing the amount of its general reserve fund.

(3) For the purpose of section 216, any direction given by the Minister under subsection (2) shall be a liability falling to be discharged out of the general rate fund, the county fund or the township rate fund, as the case may be, for which provision is not otherwise made.

(4) The surplus balance, or the decit on the general revenue account of a local authority at the end of the nancial year shall be transferred to, or met from the general reserve fund, as the case may be.

(5) The moneys in the general reserve fund shall, in so far as they are not immediately required as a working balance or for contingencies, Local Government CAP.

265 125 Rev.

2010] be temporarily invested or deposited at interest in such manner as the Minister may from time to time approve for local authorities generally, or for particular classes of local authorities, or for a particular local authority.

219.

(1) A local authority may and, if so directed by the Minister, Renewals funds.

shall, create adequate renewals funds to provide for the entire or partial L.N.

191/1964.

replacement of some or all of its assets, which, owing to depreciation or other cause, will require at some future date to be replaced.

(2) Every such local authority shall pay annually into the renewals funds (if any) created by it under subsection (1), such contributions as may be necessary, and, except as is permitted by subsection (4), no such moneys or any part thereof shall be used either permanently or temporarily for any purpose other than the purposes for which they have contributed.

(3) All interest or other sums derived from any such renewals fund shall be paid into and become part of such fund.

(4) Pending the application of moneys in any renewals fund to the purposes for which such fund has been established the moneys in the fund shall (unless applied in any manner authorised by any written law) be invested in trustee securities or in such manner as may be approved by the Minister.

220.

(1) A municipal council, county council or town council Capital funds.

L.N.

191/1964, may, in accordance with rules made by it with the approval of the 31 of 1971, Sch.

Minister, establish a capital fund for the purpose of defraying capital expenditure and reducing outstanding debts.

(2) Rules made under subsection (1) may make provision for any matters incidental to the establishment and administration of such a capital fund.

(3) Every council which has established a capital fund shall keep a separate account of the transactions relating to that fund, and Part XVII shall apply to every such account.

221.

(1) A municipal council, county council or town council may, Consolidated loans funds.

in accordance with rules made by it with the approval of the Minister, establish a consolidated loans fund for the purpose of centralising all L.N.

191/1964, or part of its loan transactions.

31 of 1971, Sch.

(2) Rules made under subsection (1) may make provision for any matter incidental to the establishment and administration of such a consolidated loans fund.

CAP126.

265 Local Government [Rev.

2010 (3) Notwithstanding anything contained in any written law a council may pay into the consolidated loans fund established by it under this section any moneys forming part of any provident, superannuation, reserve, capital, capital reserve, renewals, repairs, depreciation, insurance, contingency or other fund of such council (hereinafter referred to as the lending fund) and not for the time being required, and such moneys shall be deemed to be moneys borrowed by such local authority and may be used accordingly subject to the following conditions (a) the moneys so paid into the consolidated loans fund shall be repaid to the lending fund as and when required for meeting the obligations for which the lending fund was established; and (b) there shall be paid out of the consolidated loans fund to the lending fund an amount equal to the interest on any moneys so paid into the consolidated loans fund and for the time being not repaid, at such rate per centum per annum as may be determined by such council to be equal as nearly as may be to the average rate of interest payable by such council on its current borrowings.

(4) Every council shall keep a separate account of the transactions of the consolidated loans fund established by it under this section and Part XVII shall apply to every such account.

part XvIlOaNS OF lOCal authOrItIeS Borrowing powers.

222.

(1) A local authority may from time to time, by a majority L.N.

86/1964.

of the members of such local authority present at a meeting at which the majority voting shall not be less than a majority of the whole local authority, raise loans for such purposes relating to its functions, from such sources, in such amounts, and on such conditions, as the Minister may approve.

(2) Such loans shall be charged indifferently on all rates and revenues of such local authority and all securities therefor shall rank equally without any priority: Provided that nothing in this subsection contained shall affect any priority existing at, or any right to priority conferred by a security created before, the date of commencement of this Act.

Issues of stocks or 223.

(1) A municipal council, county council or town council bonds.

may borrow by means of issues of bonds or stock or both, and may for Local Government CAP.

265 127 Rev.

2010] L.N.

634/1963, that purpose create, issue, redeem and deal with stocks and bonds in such manner as may be prescribed by rules made under this section.

31 of 1971, Sch.

(2) The Minister for the time being responsible for Finance may make rules for the matters specied in the preceding subsection, and without prejudice to the generality of the foregoing, and notwithstanding the provisions of any other written law, such rules may provide for the redemption of any loan so raised, the exemption from stamp duty of any document given, executed or issued in connection with any of the matters specied in the preceding subsection, and for the disposal of unclaimed dividends.

(3) Every loan raised by means of the issue of stock or bonds or both shall be redeemed within a period of fty years or such lesser period as the Minister for the time being responsible for Finance may, by rules under this section, prescribe.

(4) Every municipal, county council or town council which raises a loan by means of the issue of stock or bonds or both shall establish a sinking fund to which it shall make annual contributions at such rates as may be determined from time to time by the Minister for the time being responsible for Finance.

224.

(1) If at any time any principal money or interest due Appointment of under any loan raised by a local authority remains unpaid for a period receiver.

of two months after demand therefor in writing has been lodged with L.N.

634/1963.

the clerk of the local authority by the person entitled thereto or by his duly authorised representative, the person entitled thereto or his representative may, without prejudice to any other remedy, apply to the High Court for the appointment of a receiver of the rates and revenues of such local authority, or in the case of the City Council of Nairobi, the land and revenues on which the loan is secured.

(2) On the hearing of any such application the Court may make such order and give such directions as under the circumstances shall seem expedient for the raising and payment of the moneys due and, in particular, the Court may order that a rate or rates of such amount or amounts as it may x be levied upon all property within the area of such local authority in respect of which such local authority is empowered to levy a rate, and such rate so ordered shall have the same incidence as any rate imposed by such local authority and may be enforced in like manner, and the proceeds thereof shall be paid into Court or otherwise as the Court shall direct.

(3) In the case of a loan made to a local authority by the Local Cap.

270.

Government Loans Authority under the Local Government Loans Act, the powers exercisable under this section shall be in addition to and CAP128.

265 Local Government [Rev.

2010 not in substitution for or in derogation of the powers conferred by that Act in respect of the non-payment of any such loan or interest thereon or money due on account thereof.

Temporary 225.

(1) A local authority may, from time to time, with the borrowing.

consent of the Minister, borrow by way of temporary loan or overdraft L.N.

86/1964.

from the Government, a registered bank or from any other source, any sums which it may temporarily require (a) for the purpose of defraying, pending the raising of a loan under section 222 which the local authority has been authorised to raise, expenses intended to be defrayed by means of the loan; or (b) any sums which it may temporarily require for the proper carrying out of the provisions of this Act.

(2) All moneys so advanced, and the interest thereon (if any), shall constitute a liability of the local authority concerned and shall be charged on the rates and revenues of such local authority; and the provisions of section 222 for the security of such advances and for the recovery thereof shall apply in all respects as if such advances were loans raised under that section.

(3) Where money is borrowed pursuant to subsection (1) (a) and subsequently such a loan as is mentioned in that paragraph is raised, then for the purpose for the provisions of this Act regulating the repayment of that loan, the loan shall, to the extent of the sum borrowed under subsection (1) (a), be deemed to have been raised at the time when the borrowing under the paragraph took place.

Lenders relieved 226.

A person lending money to a local authority shall not be from certain inquiries bound to inquire whether the borrowing of the money is or was legal or regular or whether the money raised was properly applied, and shall not be prejudiced by any illegality or irregularity in the matters aforesaid or by the misapplication or non-application of any such money.

part XvIIaCCOuNtS aNd audt Financial year.

227.

The nancial year of every local authority shall be the year commencing on the rst day of July and ending on the thirtieth day of 18 of 1986, Sch.

June in the following year.

Accounts.

228.

(1) Every local authority shall cause proper books and L.N.

634/1963, accounts to be kept and true and regular records to be entered therein r.

4, of all transactions of the local authority.

L.N.

148/1964, Local Government CAP.

265 129 Rev.

2010] (2) Such accounts shall be kept so as to secure that sums raised 31 of 1971, Sch.

by rates or otherwise or other sums received by the local authority are not applied to purposes to which such sums are not properly applicable or that sums so raised or received for specic purposes are not applied to other purposes, and the capital moneys are not applied to any other than a purpose to which capital moneys are properly applicable.

(3) Every local authority shall cause its accounts (including those relating to funds or property held by the local authority in trust) to be kept in such manner as to show in respect of the nancial year to which accounts relate (a) all receipts and payments of the local authority during the year; and (b) any capital moneys due but not paid to or by the local authority in that year, and, where the local authority is a municipal council, county council or town council, it shall cause such accounts to be kept in such manner as to show, in addition, in respect of the said nancial year, any revenue and expenditure relating to revenue in respect of that year not received or paid in that year.

(4) The Minister may from time to time make rules for the keeping of accounts by any local authority or class of local authority.

229.

The accounts required to be kept by a local authority shall Balancing of accounts.

be balanced for any nancial year not later than 31st December in the year following the year of account or such later date as in any particular L.N.

634/1963, case the Minister may determine.

r.

4, L.N.

148/1964, L.N.

36/1970, Sch., 18 of 1986, Sch., 12 of 2003, 3rd Sch.

230.

As soon as may be after the receipt by a local authority of a Audit report.

report on the examination and audit of the accounts of the local authority L.N.

22 /1984., 12 of 2003, 3rd Sch.

under the Public Audit Act, 2003, such report, together with copies of Cap.

412.

the accounts to which such report relates (a) shall be laid before, and considered by the local authority at its rst convenient ordinary meeting; and (b) shall be made available for supply to any inhabitant of the area of the local authority who makes application therefor and who pays in respect thereof such fee, if any, as may be prescribed by the Minister.

CAP130.

265 Local Government [Rev.

2010 Appointment of 231.

(1) The Minister may from time to time appoint one or more inspectors.

persons as Local Government Inspectors to conduct extraordinary L.N.

36/1970, Sch.

inspections and examinations of the accounts and records of local authorities and an inspector so appointed may institute such inspection or examination (hereinafter referred to as an extraordinary inspection) into any aspect of the accounts and records of any local authority that he deems necessary.

(2) Where an inspector institutes an extraordinary inspection he shall notify the local authority concerned and the Controller and Auditor-General of the institution of such inspection.

(3) At the conclusion of an extraordinary inspection, the inspector shall prepare and sign a report of his ndings and furnish one copy to the Controller and Auditor-General and one copy to the Minister who shall report to the local authority on any matter which in his opinion should be drawn to their attention to enable them to comply with any law or lawful instruction or to enable the administration of the local authority to be carried out in a secure and efcient manner.

232.

(Repealed by L.N.

36/1970.).

233.

(Repealed by L.N.

36/1970.).

Powers of Minister.

234.

(1) The Minister may issue to any local authority such instructions as he may think t arising out of a report under the Public L.N.

36/1970, Sch., L.N.

22/1984, Audit Act, 2003, and it shall be the duty of such local authority to comply 12 of 2003, 3rd Sch., with any such instructions.

Cap.

412.

(2) Whenever it appears to the Minister that the accounts of a local authority have not been prepared in such a manner as to admit of their proper audit under the Public Audit Act, 2003, he may appoint any person to assist the local authority in the due preparation of the accounts for that purpose, and the local authority shall pay to the Minister such fee as the Minister may determine in respect of the services of the persons so appointed.

235.

(Repealed by L.N.

36/1970.).

Powers and duties 236.

(1) It shall be the duty of an inspector, upon any extraordinary respecting surcharge.

inspection 13 of 1970, (a) to disallow every item of account which is contrary to the L.N.

36/1970, Sch.

law or to any direction lawfully given to a local authority; (b) to surcharge the amount of any expenditure so disallowed Local Government CAP.

265 131 Rev.

2010] upon the person authorising the expenditure; (c) to surcharge any sum which has not been duly brought to account upon the person by whom that sum ought to have been brought into account; (d) to surcharge the amount of any loss or deciency upon any person by whose negligence or misconduct the loss or deciency has been incurred; and (e) to certify the amount due from any person upon whom he has made any such surcharge: Provided that no item of expenditure by a local authority shall be so disallowed if such expenditure has been lawfully sanctioned by the Minister prior to the commencement of the audit of accounts for the nancial year in which such expenditure arose.

(2) Any loss represented by a charge for interest or any loss of interest shall be deemed to be a loss within the meaning of this section, if it arises from failure through wilful neglect or wilful default to levy or collect such rates as are necessary to cover the expenditure of the local authority for any nancial year (including any expenditure incurred in any previous year and not covered by rates previously levied), or to collect other revenues.

(3) For the purposes of this Part of this Act, a member of a local authority is deemed to be responsible for incurring or authorising expenditure if, being present when the resolution of the local authority or committee thereof incurring or authorising the expenditure was passed (a) he voted in favour of it; or (b) he did not cause his vote against the resolution to be recorded in the minutes.

(4) No person shall be freed from liability to surcharge under this section by reason only of the fact that, in the matter giving rise to such liability, he acted in pursuance of any order or resolution of the local authority, or of any committee thereof, if such order or resolution was contrary to law.

237.

The inspector shall, on the application of any person who is Application for written reasons for aggrieved by a disallowance or surcharge made by the inspector, state inspectors decision.

in writing the reasons for his decision.

L.N.

36/1970, Sch.

CAP132.

265 Local Government [Rev.

2010 Appeals against 238.

(1) Any person who is aggrieved by a disallowance or decision of inspector.

surcharge made by an inspector, may, within thirty days of that L.N.

634/1963, disallowance or surcharge, where the disallowance or surcharge relates r.

4, to an amount exceeding ten thousand shillings, appeal to the High Court, L.N.

148/1964, and may in any other case within the like period appeal either to the L.N.

36/1970, Sch.

High Court or to the Minister.

(2) The Court or the Minister on such an appeal shall have power to conrm, vary or quash the decision of the inspector, and to remit the case to the inspector with such directions as the Court or Minister thinks t for giving effect to the decision on appeal, and if the decision of the inspector is quashed or is varied so as to reduce the amount of the surcharge to one thousand shillings or less, the appellant shall not be subject in respect of that surcharge to the disqualication imposed by paragraph 3 (c) of the Fifth Schedule.

(3) Where an appeal is made to the Minister under this section he may at any stage of the proceedings, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in course of the appeal, but save as aforesaid the decision of the Minister shall be nal.

(4) Where an appeal is made to the Minister the appellant shall be entitled to a personal hearing by a person appointed by the Minister for that purpose.

Applications for 239.

(1) In the case of a surcharge, the person surcharged may, relief.

whether or not he appeals under section 238, apply to the Court or the Minister to whom he appeals, or, if he does not appeal, to the Minister, L.N.

634/1964, for a declaration that in relation to the subject matter of the surcharge L.N.

148/1964, L.N.

36/1970, Sch.

he acted reasonably or in the belief that his action was authorised by law, and the Court or Minister, if satised that there is proper ground for doing so, may make a declaration to that effect.

(2) Where such a declaration is made the person surcharged, if by reason of the surcharge he is subject to the disqualication imposed by paragraph 3 (c) of the Fifth Schedule, shall not be subject to that disqualication, and the Court or Minister may, if satised that the person surcharged ought fairly to be excused, relieve him either wholly or in part from personal liability in respect of the surcharge, and the decision of the Court or Minister under this section shall be nal.

240.

(1) Every sum certied by an inspector to be due from a Payment and person shall be paid by that person to the local authority within thirty recovery of sums days after it has been so certied, or, if an appeal or application with certied to be due.

respect to that sum has been made, within fourteen days after the appeal or application is nally disposed of, abandoned or fails by reason of the Local Government CAP.

265 133 Rev.

2010] non-prosecution thereof.

(2) The inspector shall take all necessary steps to recover from the person surcharged in any competent court any such sum as aforesaid which is not so paid.

(3) In any proceedings for the recovery of any such sum the in spectors certicate shall be conclusive evidence that the sum is due and payable by the person charged.

(4) On the production of such certicate the Court shall give a decree for the sum sued for, and every such decree shall have the Cap.

21.

effect of a decree under the Civil Procedure Act and any rules made thereunder.

241.

(1) Any expenses incurred by an inspector in the defence Expenses of of any allowance, disallowance or surcharge made by him shall, so far inspector.

as not recovered from any other party and except as may otherwise L.N.

634/1963, L.N.

148/1964, be ordered by the High Court or the Minister, as the case may be, be reimbursed to him out of the fund to which the accounts subject to L.N.

36/1970.

his inspection relates, and the High Court or Minister may make such order as may seem t in regard to the payment out that fund of the expenses incurred by the appellant or applicant or any other party to the proceedings.

(2) The costs and expenses incurred by an inspector in any legal proceedings taken by him under section 240 (2) shall, so far as not recovered from any other source, be paid out of the fund to which the accounts subject to his inspection relates.

242.

( 1) For the purposes of his powers and duties under this Power of inspector to Part the inspector may hear and receive evidence and examine witnesses take evidence.

13 of 1970, s.

10.

upon oath or afrmation (which oath or afrmation the inspector is hereby empowered to administer), and may, by summons under his hand, require all such persons as he may think t to appear personally before him at a time and place to be stated in such summons and to produce all such books and papers (including the minutes of the proceedings of the local authority or of any committee thereof) as he may deem necessary for such examination.

(2) Any person so required who, without reasonable excuse (a) neglects or refuses to comply with such summons; or (b) having appeared, refuses to be examined on oath or afrmation or to take such oath or afrmation; or CAP134.

265 Local Government [Rev.

2010 (c) having taken such oath or afrmation, refuses to answer fully and satisfactorily, to the best of his knowledge and belief, all questions put to him; or (d) knowingly and wilfully gives any evidence which is untrue in any material particular, shall be guilty of an offence and shall be liable, for every such neglect or refusal, to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding two months.

9 of 1967.

242A.

(Repealed by L.N.

36 of 1970.).

part XvIIIrepOrtS, returNS aNd INqurIeS Reports to be 243.

(1) It shall be the duty of every municipal council, county rendered by certain council and town council to render to the Minister not later than 31st local authorities.

March in each year, or such later date as the Minister may agree, aL.N.

634/1963, report of its work and of the local government affairs of its area for the L.N.

148/1964, preceding nancial year.

31 of 1971, Sch.

(2) Such report shall be rendered in such form as may be directed by the Minister, and shall, be accompanied by such statistics as the Minister may require.

(3) A copy of such report shall be delivered by the clerk of the local authority rendering the report (a) free of charge to every councillor of such local authority; and (b) to any inhabitant of the area of such local authority, on application and on payment of the fee (if any) prescribed by resolution of such local authority.

Minutes, etc., to be 244.

(1) It shall be the duty of every municipal council, county furnished to Minister.

council and town council and of any other local authority which is L.N.

634/1963, required by the Minister so to do, to furnish to the Minister and to r.

4, such other persons as the Minister may specify a certied copy of any L.N.

148/1964, records or minutes of its proceedings and of the proceedings of any 31 of 1971, Sch.

committee appointed by it, and of a record of any of its accounts, and such reports, statistics and documents as the Minister may from time to time require.

(2) The minutes of the proceedings of each meeting of a local authority or of any committee thereof which are required to be furnished to the Minister as aforesaid shall be forwarded as soon as possible after Local Government CAP.

265 135 Rev.

2010] the same have been conrmed as required by or under this Act.

245.

(1) The Minister may at any time appoint any public ofcer Investigations, to conduct such investigations, researches and inquiries as the Minister researches and may deem necessary for any purpose of this Act or for assisting any inquiries.

local authority in the carrying out of its functions under this Act or L.N.

634/1963, L.N.

148/1964.

any other written law and generally for promoting the efciency of local government; and all necessary facilities shall be given by local authorities to any ofcer conducting any such investigation, research or inquiry.

(2) For the purpose of any such investigation, research or inquiry, the person appointed to conduct the same may by summons require any person to attend, at such time and place as is set forth in the summons, to give evidence or to produce any books, plans and documents in his custody or under his control which relate to any matter in question in such investigation, research or inquiry, and may take evidence on oath, and for that purpose administer oaths, or may instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined: Provided that no person shall be required, in obedience to such a summons, to go more than ten miles from his place of residence, unless the necessary expenses of his attendance are paid or tendered to him.

(3) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under subsection (2) or to give evidence, or to answer fully and satisfactorily, to the best of his knowledge and belief all questions put to him by the person appointed under subsection (1) or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book, plan or other document which he may be required to produce for the purposes of this section, shall be guilty of an offence and liable to a ne not exceeding one thousand shillings or to imprisonment for a period not exceeding one month or to both such ne and such imprisonment.

(4) The costs and expenses of any investigation, research or inquiry conducted under this section (including expenses paid to any person referred to in the proviso to subsection (2) or such proportion thereof as the Minister may determine, shall, if the Minister so directs, be paid by such local authority or local authorities being a local authority or local authorities respecting which or any function of which such investigation, research or inquiry was conducted, as the Minister shall determine and, where there is more than one such local authority, in such proportions as the Minister shall specify, and any amount directed under this subsection to be paid by a local authority shall be a civil debt recoverable summarily.

CAP136.

265 Local Government [Rev.

2010 245A.

(Inserted by L.N.

105/1965 and Repealed by 21 of 1966, Sch.).

part XIXpOwerS arISING ON deFault OF lOCal authOrItIeS Power to direct 246.

(1) The Minister may, after giving reasonable notice of his performance of intention so to do, direct any local authority to perform within such duties and in default to perform same.

time and in such manner as he shall specify, any of the duties imposed upon it by or under this Act or any other written law, and if the local 11 of 1984, Sch., authority fails to comply the Minister may himself perform the duties in question, and shall be entitled to recover from the local authority, the expenses incurred by him in so doing; and for defraying such expenses the Minister may also levy a rate under the Rating Act as if he were a rating authority or local authority for the purposes of that Act.

(2) The council of a county shall, in respect of the council of every county division in such county, have all and may exercise any of the powers of the Minister under subsection (1) and, in exercise of any such power by a local authority that that subsection shall be construed as if there were substituted for the reference to the Minister therein a reference to the local authority exercising such power.

(3) An urban council may appeal to the Minister against any notice of direction given to, or the exercise of any other power contained in subsection (2) against it by the council of the county, and upon any such appeal the Minister may (a) conrm with or without modications, or cancel, the notice or direction appealed against; (b) direct the council of the county to specify, before any or any further powers contained in subsection (1) are exercised by it, what action or further action it proposes to take in exercise of such powers in the event of default to comply with the direction given or to be given by it to the local authority appealing, and the proposed manner in which such is to be taken; (c) either conrm the taking of such action in the manner specied or in such other manner as the Minister may direct, or direct that such action shall not be exercised, or shall be taken or exercised only under the supervision, and subject to the directions, of the Minister or such other person as the Minister may specify; and Local Government CAP.

265 137 Rev.

2010] (d) such other directions as in his opinion the justice of the case requires, and any such conrmation, cancellation and direction shall be nal and binding on both local authorities concerned.

247.

(1) The Minister may require any local authority to submit Power to require to him proposals for the exercise by it of any power conferred on it submission of by law.

proposals, and exercise by Minister of powers in default.

(2) If the proposals, or the proposals with agreed modications, are acceptable to the Minister, he may by order require the local authority to exercise the power in question in the manner described in the proposals or in the proposal as modied, as the case may be.

(3) If the local authority fails to make proposals, or if the local authority does not agree to its proposals being modied in the manner required by the Minister, the Minister may by order require the local authority to exercise the power in such manner and in such time as he shall therein prescribe.

(4) If the local authority fails to comply with an order made under subsection (2) or subsection (3), the Minister may himself exercise the power in such manner as he thinks t and shall be entitled to recover from the local authority the expenses incurred by him in so doing, and for defraying such expenses the Minister may also levy a rate under the Rating Act, as if he were a rating authority or a local authority for Cap.

267.

the purpose of that Act.

(5) Section 34 of the Interpretation and General Provisions Act Cap.

2.

shall apply to an order made under this section as though it were a rule or regulation within the meaning of that section.

248.

The Minister may give to any local authority such directions Power to give directions to local as he thinks necessary as a result of investigations, researches or authorities.

inquiries under section 245.

249.

(1) If at any time it appears to the Minister that the revenues of Power to reduce grants.

the council of a county, township or municipality are not being properly L.N.

634/1963, used in the best interests of the county, township or municipality, as L.N.

34/1965, the case may be, as a whole, or that the administration of the affairs 31 of 1971, Sch.

of such a council is wasteful or inefcient, or that such a council has failed to act in conformity with the provisions of this Act, the Minister may, after such inquiry (at which inquiry the council shall be entitled to be heard) as he may deem necessary, reduce any contribution or other grant payable by the Government for the next succeeding nancial year by such amount as he shall determine.

CAP138.

265 Local Government [Rev.

2010 (2) Any such reduction as aforesaid shall be notied to the council concerned not later than one month after the commencement of the nancial year in respect of which such grant is payable.

Default powers to 250.

(1) If it appears to the Minister, upon representations made reduce grants or to him by a county council or otherwise, that the revenues of an urban transfer functions council in that county are not being properly used in the best interests of respecting county the county division, or that the administration of the affairs of the council divisions and local concerned is wasteful or inefcient, or that the council concerned has council areas.

failed to act in accordance with the provisions of this Act, the Minister L.N.

634 of 1963, may, after such inquiry as he may deem necessary, at which inquiry the L.N.

34/1965, council concerned shall be entitled to be heard 11 of 1984, s.

26.

(a) reduce any contribution or other grant payable to or for that council; (b) transfer to the county council all or any of the functions of the urban council either for a denite period or until he may otherwise direct.

(2) Where any functions are transferred under subsection (1), the expenses incurred by the council to which the functions are transferred shall, except in so far as they may be met by any grant made by such council, be a debt due to such council from the council from which the functions are transferred, and shall be defrayed as general expenses of the council from which the functions were transferred or as special expenses of such council or partly as general expenses and partly as such special expenses as the council to which such functions are transferred may direct.

Recovery by 251.

Where the Minister is satised that a decree for the payment deduction from of money has been made by a competent court against any local authority grants of debts in favour of the Government or any person, or that for other good and due from local sufcient reason money is due from and payable by a local authority to authorities.

the Government or any person, and the local authority refuses or fails to L.N.

634/1963, make due payment, the Minister may order that such payment be made L.N.

34/1965, from funds of the local authority and if the local authority continues to 8 of 1997.

refuse to make due payment he may deduct from any contribution or other grant payable to or for such local authority the amount of the sum due and payable and pay the same to the Government or such person.

Recovery of 251A.

(1) Where a local authority fails to make payment of any debts due under money due and payable under a loan for nancing an income generating loans provided facility, the Minister for Finance in consultation with the Minister, may, or guaranteed by where Government, etc.

Local Government CAP.

265 139 Rev.

2010] (a) such loan is provided or guaranteed by the Government; 8 of 1997.

or (b) where the loan agreement so provides, appoint a collection agent to receive such payment as may be made by the area residents for the services provided by the facility and to remit the monies so received to the Government in satisfaction of the amount due and payable under the said loan.

(2) The Minister for Finance may, in regulations prescribe (a) the requirements for appointment of collection agents under subsection (1); and (b) the terms and conditions of service of such agents.

(3) In this section, the expression income-generating facility means any facility, including water or sewerage works, the provision of the services for which the local authority receives payment.

252.

(1) If at any time it appears to the Minister that Removal of members, (a) a period of three months or more has elapsed between one appointment of meeting of a municipal council and the next or a period of commission and six months or more has elapsed between one meeting of any winding-up of local authorities for certain other local authority and the next; or reasons.

L.N.

634/1963, (b) any local authority is unlikely to be able to meet its nancial L.N.

105/1965, commitments; or 11 of 1967, s.

10, 22 of 1987, Sch.

(c) any local authority is in the opinion of the Minister failing to exercise its functions in such manner as would best serve the interests of the inhabitants of its area of jurisdiction, the Minister may by order (i) remove from ofce all the members of such local author- ity who shall thereupon, notwithstanding anything to the contrary in this Act or any other written law, cease to be members thereof; and (ii) in place of such members and for the area of such local authority appoint not less than three persons to form a commission for the purpose of carrying on the affairs of the local authority, and shall appoint one such person to be the chairman of the commission; or CAP140.

265 Local Government [Rev.

2010 (iii) in place of, or in addition to, the removal of members and the appointment of a commission as provided in paragraphs (i) and (ii), direct, subject to subsection (5), that any local authority shall be wound up on any of the grounds specied above which shall be specied in the order.

(2) A commission appointed under subsection (1) shall have and may exercise all the powers of, and be subject to, and liable to discharge all the duties of, the local authority whose members have been removed from ofce whether such powers and duties are conferred or imposed by this Act or any other written law, and for such purpose any reference in this Act or any other written law to a local authority shall, where a commission is appointed under this section in place of the members of such local authority, be deemed to refer to such commission.

(3) A commission appointed under subsection (1) shall exercise the powers and perform the duties of a local authority for such period, not exceeding two years from the date of its appointment, as is specied in the order, and the Minister shall, unless the local authority is being wound up, take such steps as may be necessary to ensure that the local authority is reconstituted before the expiration of that period and is able to hold a meeting within a reasonable time after such expiration: Provided that such period of two years may be extended (i) by the Minister by order, by a further period not exceed- ing one year; (ii) thereafter by the Minister, by order made with authority of a resolution of the National Assembly, for an additional period or additional periods.

(4) Prior to the exercise of any power conferred by subsection (1), the Minister may direct such inquiry to be held as he may think necessary and, for the purposes of such an inquiry, shall appoint a person Cap.

102.

to hold the inquiry and may confer upon him all or any of the powers vested in a commission under the Commissions of Inquiry Act; and at any inquiry directed under this subsection, the local authority in question and any member thereof shall be entitled to be heard.

(5) Before an order is made under subsection (1) (iii) (a) notice of the intention to make, and of the purport of, such order shall be published in the Gazette and in at least one newspaper (if any) circulating in the area of the local Local Government CAP.

265 141 Rev.

2010] authority in question; and (b) after the expiry of a period of not less than fourteen days from the date of publication of such notice in the Gazette, a draft of the order shall be laid before the National Assembly; and no such order shall have effect unless notice thereof is published as aforesaid and the National Assembly has, by resolution (of which at least twenty-eight days notice has been given to the National Assembly), approved the draft.

253.

(1) Upon any order being made under section 252 with Procedure on winding-up.

respect to a local authority, such local authority shall until dissolved by L.N.

634/1963, declaration under section 255, continue in existence for the purpose only L.N.

105/1965, of windingup, and to that end the members of the local authority shall, or where by order under section 252 a commission is or has been appointed 11 of 1984, Sch.

in place of such members, then, such commission shall, without delay, take such steps as may be necessary to wind up the affairs of the local authority, and in particular shall do such acts as may be required by any order made by the Minister under sub-section (2).

(2) In order to facilitate any such winding-up, the Minister may, by notice in the Gazette, make such orders as he deems necessary or desirable, and particularly, but without prejudice to the generality of the foregoing, to ensure (a) that all or any property, movable or immovable, vested or belonging to such local authority or to which the local authority is entitled and all or any assets and claims to which the local authority is entitled shall be transferred to and vested in such other authority or authorities as exist or may be established for the area for which the local authority being wound up was established; (b) that all or any contracts of service, appointments made or powers conferred shall be deemed respectively to have been entered into, made or conferred by or to such other authority or authorities as aforesaid; (c) that all or any works, undertakings, rights, liabilities, contracts and engagements of the local authority, and all actions, suits and legal proceedings by or against the local authority shall be transferred to, vested in and be enforced, carried on and prosecuted by or against such other authority or authorities as aforesaid; (d) that all or any licences or registrations issued, made or granted by the local authority shall continue in force for the CAP142.

265 Local Government [Rev.

2010 period for which they were issued, made or granted, and shall be deemed to have been issued, made or granted by such other authority or authorities as aforesaid; (e) that all or any by-laws or other rules made by the local authority shall be deemed to be the by-laws or rules of such other authority or authorities as aforesaid, and shall continue in full force and effect for such period as the Minister may determine.

Preparatory 253A.

(1) Where any local authority has been wound up in Commission.

accordance with sections 252 and 253, the Minister may by order 11 of 1967, s.

14.

(a) establish for the area for which that local authority was established, or for any part thereof, such other local authority or local authorities as he may consider desirable; and (b) appoint a preparatory commission to facilitate the constitution of any local authority so established and for the discharge of its functions.

(2) A preparatory commission shall consist of such members as the Minister may from time to time appoint, and shall have power to (a) prepare and arrange for elections to the local authority; (b) summon meetings of the local authority; (c) provide such assistance as the local authority may require until its own ofcers have assumed ofce; (d) incur on behalf of the local authority the necessary expenditure in the discharge of the foregoing functions; (e) receive, on behalf of the local authority, sums from a winding-up commission to be expended in the discharge of the foregoing functions.

Winding-up of other 254.

(1) If at any time it appears to the Minister, either upon local authorities where desirable.

representations made to him by the council of a township, county or municipality or without any such representations, that it is necessary L.N.

634/1963, or desirable that any council of a township or county division should L.N.

105/1965, be wound up, the Minister may, by order, direct that such council shall 31 of 1971, Sch., be wound up.

11 of 1984, Sch.

(2) Before any order is made under subsection (1), the Minister Local Government CAP.

265 143 Rev.

2010] may, in accordance with section 245, appoint a person to conduct an inquiry, and at any inquiry directed under this subsection the local authority in question and the council of the township, county or municipality of the area and any other local authority concerned shall be entitled to be heard.

255.

On the Minister being satised that the winding-up of a local Dissolution under sections 252 and 254.

authority is completed, he shall, by notice in the Gazette, declare it to be L.N.

155/1965.

dissolved with effect from such date as shall be specied in such notice, and such local authority shall with effect from such date be dissolved and shall cease to exist.

part XXleGal prOCeedINGS 256.

Where any matter is by this Act directed to be determined by Arbitration.

arbitration, such matter shall, except as may be otherwise provided, be determined by arbitration in accordance with the Arbitration Act.

Cap.

49.

257.

Every person who is guilty of an offence under this Act shall, General penalties for every such offence, be liable to the penalty expressly prescribed by or under this Act, or if no such penalty be prescribed, to a ne not exceeding two thousand shillings or to imprisonment for a period not exceeding two months or to both.

258.

(1) Subject to subsection (2), all nes imposed and recovered Appropriation of penalties.

by a competent court other than by such a magistrate as is referred to in L.N.

634/1963, L.N.

749/1963, subsection (2), in respect of contraventions of any of the provisions of 31 of 1971, Sch.

this Act or of any by-laws made under this Act or any other written law, other than the nes referred to in subsection (2), shall be paid (a) in the case of a contravention of any of the provisions of this Act, as to one-half into the revenues of the municipal council, county council or town council having jurisdiction in the area in which such contravention occurred; (b) in the case of a contravention of any such by-law, as to one- half into the revenues of the local authority which made or is deemed to have made such by-laws, and in each such case, the other half shall be paid into the general revenues of Kenya.

(2) Where a local authority has paid or agreed to pay to the Government the sums of money referred to in section 157 (a) in respect of a magistrate, the Minister for the time being responsible for Justice may direct that the whole or a specied proportion of all nes imposed by that magistrate in respect of particular offences shall be payable CAP144.

265 Local Government [Rev.

2010 to the local authority, and in such cases such nes, or the specied proportion thereof, as the case may be, shall be paid into the revenues of the local authority.

Powers of arrest 259.

Any police ofcer may arrest, without a warrant, any person whom he suspects upon reasonable grounds of having committed any offence under this Act or any by-laws made under this Act or any other written law, and any ofcer of a local authority who at the time is in uniform or is wearing a visible badge of ofce and authorised thereto in writing by the local authority, may arrest, without warrant, any person who in his presence commits any such offence and may detain such person until he can be delivered into the custody of a police ofcer to be dealt with according to law: Provided that no person shall be arrested or detained without warrant unless reasonable grounds exist for believing that, except by the arrest of such person, he may not be found or made answerable to justice without unreasonable delay, trouble or expense.

Conduct of 260.

(1) The clerk or any other person authorised thereto in prosecutions.

writing by a local authority, may, subject to the general or special 4 of 1974, Sch.

directions of the Attorney-General, prosecute, in subordinate courts, for all offences under this Act or any by-law made by such local authority whether under this Act or otherwise, and shall for that purpose, have all Cap.

75.

the powers conferred on a public prosecutor by the Criminal Procedure Code.

(2) For the purposes of section 171 (4) of the Criminal Procedure Code, a local authority shall be deemed to be a public authority.

Books of local 261.

The books and registers of a local authority and any extracts authorities as therefrom certied by the clerk of the local authority or any other ofcer evidence.

authorised in that behalf by such local authority shall, in any proceedings for the recovery of any rates or charges for any service, be prima facie evidence of the amounts so due.

Offences by 262.

Where any offence under this Act or under any rules made corporations, thereunder is committed by any company, or other body corporate, or societies, etc.

any society, partnership, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, partnership, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

Local Government CAP.

265 145 Rev.

2010] 263.

(1) Where a local authority deems it expedient for the Actions by and against local promotion or protection of the interests of the inhabitants of its area, it authorities.

may prosecute or defend any legal proceedings.

5 of 1979, s.

11, (2) (Repealed by 5 of 1974, s.

11.).

14 of 1991.

(3) All costs, charges and expenses to which a local authority may be put or with which a local authority may become chargeable by reason of the prosecution or defence of any such action or under the judgment of any court shall be paid out of the revenues of such local authority.

263A.

Notwithstanding anything to the contrary in any law Execution of process against local (a) where any judgment or order has been obtained against a authority.

14 of 1991, Sch.

local authority, no execution or attachment or process in the nature thereof shall be issued against the local authority or against the immovable property of the local authority or its vehicles or its other operating equipment, machinery, xtures or ttings, but the clerk of the local authority shall, without delay, cause to be paid out of the revenue of the local authority such amounts as may, by the judgment or order, be awarded against the local authority to the person entitled thereto; (b) no immovable property of the local authority or any of its vehicles or its other operating equipment, machinery, xture or ttings shall be seized or taken by any person having by law power to attach or distrain property without the previous written permission of the clerk of the local authority.

264.

(1) All charges due for sewerage, sanitary and refuse removal Recovery of charges shall be recoverable jointly and severally from the owner and occupier for sanitary and of the premises in respect of which the services were rendered.

refuse removal.

L.N.

634/1963.

(2) When any such charges as are mentioned in subsection (1) have remained unpaid for a period of six weeks from the date on which written notice has been given by a council to the owner or occupier of his indebtedness, the council may at any time within twelve months from such date take proceedings against such owner or occupier or both for the recovery of such charges together with interest thereon at such rate, not exceeding one per centum per month or part thereof, as the council shall x.

(3) Where any such charges are recovered from (a) the owner, he shall in the absence of any agreement to the CAP146.

265 Local Government [Rev.

2010 contrary, be entitled to recover from the occupier for the time being any sum paid by him as charges in respect of any period during which such premises were in occupation of such occupier; (b) the occupier, he shall be entitled to deduct from any rent or other sum payable by him to the owner of the premises any portion of such charges which he could not lawfully have been required by the owner to pay, and the production of any receipt for such portion shall to the extent of the amount thereof be a good and sufcient discharge for the payment of the rent or other sum.

(4) Where charges which are normally recorded by a local authority from the occupier of the premises in respect of which the services were rendered remain unpaid for a period of six weeks the local authority shall notify in writing the owner that such charges have so remained unpaid.

part XXIMISCellaNeOuS Powers of entry.

265.

(1) Subject to this section, any ofcer of a local authority duly authorised in writing shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours (a) for the purpose of ascertaining whether there is, or has been, on, or in connection with, the premises, any contravention of this Act or of any by-laws, whether made under this Act or any other written law, being provisions which it is the duty of the local authority to enforce; (b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the local authority to take any action, or execute any work, under this Act or any such by-laws; (c) for the purpose of taking any action, or executing any work, authorised or required by this Act or any such by-laws, or any order made under this Act, to be taken or executed, by the local authority; (d) generally, for the purpose of the performance by the local authority of its functions under this Act or any such by-laws: Provided that admission to any premises not being a factory, workshop or workplace, shall not be demanded as of right unless twenty- Local Government CAP.

265 147 Rev.

2010] four hours notice of the intended entry has been given to the occupier.

(2) If it is shown to the satisfaction of a subordinate court having jurisdiction in the area of the premises in question, on sworn information in writing (a) that admission to any premises has been refused, or that refusal is apprehended or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and (b) that there is reasonable ground for entry into the premises for any purpose as is specied in subsection (1), the Court may by warrant in writing authorise the local authority by any duly authorised ofcer to enter the premises, if need be by force: Provided that such a warrant shall not be issued unless the court is satised either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.

(3) An authorised ofcer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such warrant shall leave them as effectively secured against trespassers as he found them.

(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satised.

(5) If any person who in compliance with this section or of a warrant issued thereunder is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence and liable to a ne not exceeding three thousand shillings or to imprisonment for a period not exceeding three months, or to both.

266.

(1) Any person who Penalties for obstruction.

(a) wilfully obstructs any ofcer of a local authority in the execution of his duty as such; or CAP148.

265 Local Government [Rev.

2010 (b) being the occupier of premises, prevents the owner of such premises from executing any work which he is by or under this Act or any other written law required to execute, or otherwise prevents the owner of such premises from complying with any of the requirements of a local authority; or (c) being the occupier of premises, on demand refuses or wilfully mis-states the name of the owner of such premises, shall be guilty of an offence and liable to a ne not exceeding one thousand shillings or to imprisonment for a term not exceeding one month or to both.

(2) If on a complaint made by the owner of any premises, it appears to a subordinate court that the occupier of those premises prevents the owner from executing any work which he is by or under this Act or any other written law required to execute, or otherwise prevents the owner of such premises from complying with any of the requirements of a local authority, the court may, without prejudice to the prosecution of the occupier in respect thereof, order the occupier to permit the execution of the work or, as the case may be, permit the owner to comply with any such requirements as aforesaid.

Service of 267.

Any notice, order or other document required or authorised documents.

by this Act or by any by-law made under this Act or any other written law to be served on any person (whether the expression serve or give or send or deliver or any other expression is used), then, unless a contrary intention appears therein, such notice, order or other document may be served, and shall be deemed to have been effectively served if served (a) personally upon the person on whom it is required or authorised to be served, or, if such person cannot reasonably be found, personally upon any agent of such person empowered to accept service on his behalf or personally upon any adult member of the family of such person who is residing with him; or (b) by post; or (c) by afxing a copy of the same on some conspicuous part of any premises or land to which it relates or in connexion with which it is required or authorised to be served; or (d) where from any cause whatsoever, it is not possible to Local Government CAP.

265 149 Rev.

2010] effect service of the notice, order or other document in any of the manners specied in paragraphs (a), (b) and (c) by publication of a copy thereof in the Gazette and in at least one newspaper circulating in the area of the local authority.

268.

Where, under this Act, the Minister is empowered to exercise Delegation of any powers or perform any duties, he may by order, depute any person, powers.

including a municipal council, county council or town council, by L.N.

634 of 1963, name or the person for the time being holding the ofce designated by L.N.

34/1965, 31 of 1971, Sch.

it to exercise such powers or perform such duties on its behalf, subject to such conditions, exceptions and qualications as the Minister may prescribe, and thereupon or from the date specied by the Minister, the person so deputed shall have and exercise such powers and perform such duties subject as aforesaid.

269.

(1) If at any time the whole of any local government area Succession of rights under the jurisdiction of a local authority becomes a local government area under the jurisdiction of a local authority of another class in and liabilities, etc., on a local authority being replaced.

place of such rst-mentioned local authority or is included in the area L.N.

383/1963, of jurisdiction of another local authority, whether of the same class 31 of 1971, Sch., or not as such rst-mentioned local authority, hereinafter called the 11 of 1984, Sch.

replacing local authority, the following provisions shall thereupon have effect (a) all subsidiary legislation then in force made by the rst- mentioned local authority shall, to the extent that the replacing local authority has itself the power to make such by-laws, be deemed to be by-laws made by the replacing local authority in exercise of such power and shall continue to be of full force and effect within the area to which it applies until altered or revoked by the replacing authority; (b) any other such subsidiary legislation shall, to the extent that the replacing local authority has not itself the power to make the same, lapse, and for the purposes of section 23 of the Interpretation and General Provisions Act, shall be deemed Cap.

2.

to have been revoked in its application as aforesaid; (c) all appointments made, powers conferred, and notications served or published to or by the rst-mentioned local authority shall, to the extent that the same can be made, conferred, served or published to or by the replacing local authority, be deemed respectively to have been made, conferred, served and published to or by the replacing local authority; (d) all works and undertakings of the rst-mentioned local CAP150.

265 Local Government [Rev.

2010 authority of a kind authorised to be executed by both the rst-mentioned local authority and the replacing local authority, all existing rights, liabilities and engagements of the rst-mentioned local authority and all actions, suits and legal proceedings by or against the rst-mentioned local authority shall vest in, attach to, and be enforced, carried on and prosecuted by or against the replacing local authority, and no such action, suit or proceedings shall abate or be discontinued or prejudicially affected by the replacement of such rst-mentioned local authority; (e) all rates, fees, charges, debts of whatever description then due or payable to or recoverable by the rst-mentioned local authority shall be payable to and recoverable by the replacing local authority; (f) all property, movable and immovable, vested in or belonging to the rst-mentioned local authority or to which such local authority was entitled, and all assets and claims to which such local authority was entitled, shall vest in and belong to the replacing local authority; (g) all creditors of the rst-mentioned local authority shall have the same rights and liabilities against the replacing local authority as they had against the rst-mentioned local authority; and (h) all licences, registrations and permits issued, made or granted by the rst-mentioned local authority shall continue in force for the period, if any, specied in such licences, registrations or permits, unless the same are sooner lawfully suspended or cancelled.

(2) For the purpose of this section each of the following shall constitute a separate class of local authorities (a) city councils; (b) municipal councils; (c) county councils; (d) town councils; (e) urban councils.

Succession of rights, 270.

Where part only of a local government area under the Local Government CAP.

265 151 Rev.

2010] jurisdiction of a local authority becomes a local government area under liabilities, where part of area is replaced.

the jurisdiction of another local authority, then (a) with respect to by-laws in force in such area or any part thereof, paragraph (a) and paragraph (b) of section 269 (1) shall apply: Provided that any by-laws which, under this section are continued by virtue of paragraph (a) of section 269 (1) shall, unless sooner altered or revoked, continue for a period of two years from that date when such part came under the jurisdiction of the second-mentioned local authority, and shall then lapse, and Cap.

2.

for the purposes of section 23 of the Interpretation and General Provisions Act, shall be deemed to have been revoked; (b) with respect to the matters mentioned in paragraphs (c) to (h) of section 269 (1), those paragraphs shall apply and have effect so far as is reasonable and practicable only as respects the aforementioned part of the area of the rst- mentioned local authority, and any apportionment of rights, liabilities, property, assets or any other of the matters or things mentioned in those paragraphs shall be made between the several local authorities concerned on a fair and equitable basis, either as agreed between them or, in default of agreement, as directed by the Minister.

271.

The Minister may from time to time make rules Power to make rules.

(a) for the better carrying out of the purposes and provisions of this Act, and any such rules may be made with regard to all local authorities generally or with regard to any particular local authority or class of local authorities; (b) applicable in the area of any township authority in respect of any of the matters for which a council of a county division may make by-laws.

CAP152.

265 Local Government [Rev.

2010 FIrST ScheDULe 9 of 1968, Sch.

FOrM a (SS.

18, 32 (4)) deClaratION OF aCCeptaNCe OF OFFICe I* .having been elected to the ofce ofhereby solemnly declare that I take the said ofce upon myself, and will duly and faithfully full the duties thereof without fear, favour or partiality according to the best of my judgment and ability.

Dated this day of.

, 19.

.

Signature This declaration was made and subscribed before me.

.

Clerk Notes * Insert full name.

Insert description of ofce (Mayor/Deputy Mayor/Chairman/ Vice-Chairman).

FOrM b (S.62) deClaratION by COuNCIllOrS I* having been elected/nominated/appointed to the ofce of councillor hereby solemnly declare that I have read section 62 of the Local Government Act, and that none of the disqualications for ofce specied in that section apply to me.

Further I state that I am qualied under the Act and accept ofce as councillor.

I further solemnly declare that I will faithfully perform the duties of the ofce to the best of my judgment and ability.

Dated this.

day of.

, 19.

Signature This declaration was made and subscribed before me.

Clerk Notes * Insert full name.

Delete as necessary.

Local Government CAP.

265 153 Rev.

2010] SeconD ScheDULe (S.

85) StaNdING OrderS 11 of 1984, s.

27.

In this Schedule, except where the context otherwise requires, the terms chairman, vice-chairman and clerk shall, in respect of a municipal council, be deemed to refer, respectively, to the mayor, deputy mayor and town clerk.

Part IObligatory Orders 1.

Any power or duty assigned to the chairman in relation to the conduct Chairman of of meetings may be exercised by the person presiding at the meeting, and in meetings.

these Standing Orders the chairman shall be construed as including any such person presiding at the meeting.

2.

(1) Except where the Council, on the grounds of urgency, varies the Order of business.

order of business under paragraph (2) of this standing order, the order of business at every meeting of the Council shall be (a) to choose a person to preside if the chairman and vice-chairman be absent; (b) any business required by written law to be done before any other business; (c) to read and conrm the minutes of the last meeting of the Council (unless such minutes have been conrmed at the meeting of the proceedings of which they are the minutes): Provided that, if a copy of the minutes has been circulated to each member of the Council not later than the date of issue of the notice of the meeting, under section 76 of the Act, they shall be taken as read; (d) to deal with business expressly required by written law to be done; (e) to receive such communications as the chairman may desire to lay before the Council; (f) questions (if any); (g) to dispose of business (if any) remaining from the last meeting; (h) to receive and consider reports or minutes of committees; (i) to receive and consider reports from ofcers of the Council; (j) to authorize the sealing of documents, so far as the Councils authority is required by statute or these Standing Orders; (k) to authorize the signing of orders for payment where there is no CAP154.

265 Local Government [Rev.

2010 nance committee; and (l) to consider motions in the order in which notice thereof has been received.

(2) The Council may, at any meeting, vary the order of business so as to give precedence to any business which, in the opinion of the chairman, is of a special urgency, but such a variation shall not displace business falling under items (a) and (b) of paragraph (1) of this standing order.

Notices of motion.

3.

(1) Except as provided by standing order 8 of these Standing Orders, every notice of motion shall be in writing, signed by the member or members of the Council giving the notice and delivered, in the case of a municipal council, at least four clear days before the next meeting of the Council, and in the case of any other local authority, at least ten days before the next meeting of the Council, at the ofce of the clerk by whom it shall be dated, numbered in the order in which it is received and entered in a book which shall be open to the inspection of every member of the Council.

(2) The Clerk shall insert in the notice of every meeting of the Council all notices of motion duly given in the order in which they have been received, unless the member giving such a notice has, when giving it, intimated in writing that he proposes to move it at some later meeting or has withdrawn it in writing.

(3) If a motion, notice of which has been duly given be not moved at that meeting it shall, unless postponed by consent of the Council, be treated as abandoned and shall not be moved without fresh notice.

(4) Motions for which notice has been duly given, the subject matter of which comes within the province of any committee or committees, shall, upon being moved and seconded, stand referred without discussion to such committee or committees, or to such other committee or committees as the Council may determine, for consideration and report: Provided that the chairman may, if he considers it convenient and conducive to the despatch of business, allow such motion to be dealt with at the meeting at which it is brought forward.

(5) Every notice of motion shall be relevant to some function of the Council.

Motions without 4.

The following motions may be moved without notice notice.

(a) appointment of a chairman of a meeting at which the motion is made; (b) motions relating to the accuracy of the minutes, closure, adjournment, order of business or next business; (c) reference to a committee; Local Government CAP.

265 155 Rev.

2010] (d) that the Council do resolve itself into committee; (e) appointment of committee or members thereof, so far as arising from an item mentioned in the notice of the meeting; (f) adoption of reports and recommendations of committees or ofcers and any consequent resolutions; (g) that leave be given to withdraw a motion; (h) amendments to motions; (i) authorizing the sealing of documents; (j) extending the time limit for speeches; (k) that an item of business specied in the notice of the meeting have precedence; (l) that a member named under standing order 8 of these Standing Orders be not further heard or do leave the meeting; (m) giving consent of the Council where the consent of the Council is required by these Standing Orders; (n) any motion referred to in paragraph 16 of standing order 6 of these Standing Orders; and (o) a motion suspending standing orders in accordance with standing order 39.

5.

(1) Minutes of the proceedings of every meeting of the Council shall Minutes.

include the names of members present and shall be drawn up and printed or typewritten.

(2) As soon as the minutes have been read, or if they are, under standing order 2 of these Standing Orders, taken as read, the chairman shall put the question that the minutes of the meeting of the Council held on the day of be conrmed and signed as a true record.

(3) No motion or discussion shall take place upon the minutes, except upon their accuracy and any question of their accuracy shall be raised by motion; if no such question is raised, or if it is raised, then as soon as it has been disposed of, the chairman shall sign the minutes.

6.

(1) A motion or amendment shall not be discussed unless it has been Rules of debate.

proposed and seconded, and, unless notice has already been given in accordance with standing order 3 of these Standing Orders, it shall, if required by the chairman, be reduced to writing and handed to the chairman before it is further discussed or put to the meeting.

(2) A member when seconding a motion or amendment may, if he then CAP156.

265 Local Government [Rev.

2010 declare his intention to do so, reserve his speech until a later period of the debate.

(3) A member shall stand when speaking, and shall address the chairman; and if two or more members rise, the chairman shall call on one to speak.

(4) A member shall direct his speech to the question under discussion or to an explanation or to a question of order.

(5) No speech shall, without the consent of the Council, exceed ve minutes in length, or ten minutes in length in the case of a proposer of a motion or a reply to an amendment, and upon a motion for an extension of this limit no discussion shall be allowed.

(6) An amendment shall be either (a) to leave out words; or (b) to leave out words and insert or add others; or (c) to insert or add words, but such omission or insertion of words shall not have the effect of introducing a new proposal into or of negativing the motion before the Council.

(7) If an amendment be rejected, other amendments may be moved on the original motion.

(8) If an amendment be carried, the motion as amended shall take the place of the original motion and shall become the motion upon which any further amendment may be moved.

(9) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.

(10) A member shall not speak more than once on any motion, except in the exercise of the right to reply given by standing order 10 of these Standing Orders, or on a point of order, or by way of personal explanation, or to move in so many words That the question be now put.

An amendment to a motion shall be treated as a fresh motion.

(11) A member may at the conclusion of a speech of another member move without comment, That the question be now put, That the debate be now adjourned, That the Council proceed to the next business, or That the Council do now adjourn, on the seconding of which the chairman, if in his opinion the question before the meeting has been sufciently discussed, shall put that motion to the vote, and if it is carried, the question before the meeting, subject to the right of reply given by standing order 10 of these Standing Orders, shall be put to the vote or the subject of debate shall be deemed to be disposed of for that day or the meeting shall stand adjourned, as the case may be.

(12) A member may rise to a point of order or in personal explanation, Local Government CAP.

265 157 Rev.

2010] but a personal explanation shall be conned to some material part of a former speech by him at the same meeting which may have been misunderstood; and a member rising to a point of order shall be entitled to be heard forthwith.

(13) The ruling of the chairman on a point of order or on the admissibility of a personal explanation shall not be open to discussion.

(14) Whenever the chairman rises during a debate a member then speaking or standing shall resume his seat and the members shall be silent.

(15) A motion or amendment may be withdrawn by the proposer with the concurrence of the seconder and the consent of the Council, which shall be signied without discussion, and it shall not be competent for any member to speak upon it after the proposer has asked permission for its withdrawal, unless such permission has been refused.

(16) When a motion is under debate no other motion shall be moved except the following (a) to amend the motion; (b) to postpone consideration of the motion; (c) to adjourn the meeting; (d) to adjourn the debate; (e) to proceed to the next business; (f) that the question be now put; (g) that a member be not further heard; (h) that a member do leave the meeting; (i) that the subject of debate be referred back to a committee.

(17) No member shall read his speech but he may read short extracts from written and printed papers in support of his argument and may refresh his memory by reference to notes.

(18) It shall be out of order to anticipate the discussion of a motion of which notice has been given.

(19) It shall be out of order to use offensive or insulting language whether in respect of members of the Council or other persons.

(20) A member shall be responsible for the accuracy of any facts which he alleges to be true and may be required to substantiate any such facts or to withdraw any such allegation.

(21) The chairman after having called attention to the conduct of a CAP158.

265 Local Government [Rev.

2010 member who persists in irrelevance or tedious repetition either of his own arguments or the arguments used by other members in debate, may, after having rst warned him, direct him to discontinue his speech.

Rules for members 7.

A member not speaking.

(a) shall enter into the chamber with decorum; (b) shall not read any newspaper, book or letters save such as relates to the matter in hand; (c) shall not interrupt a speaker; and (d) shall not do any other act disrespectful to the chair or the Council.

Disorderly conduct.

8.

If at a meeting any member of the Council, in the opinion of the chairman notied to the Council, misconducts himself by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly, or offensively, or by wilfully obstructing the business of the Council, or by disregarding any rule for members not speaking specied in standing order 7 of these Standing Orders, it shall be competent for a member to move That the member named be not further heard, or That the member named do leave the meeting and the motion if seconded shall be put and determined without discussion.

Suspension of sitting.

9.

If after a motion under standing order 8 of these Standing Orders has been carried, the misconduct or obstruction is continued and, in the opinion of the chairman, renders the due and orderly dispatch of business impossible, the chairman in addition to any other powers vested in him, may without question put, adjourn or suspend the sitting of the Council for such period as he in his discretion considers expendient.

Right of reply.

10.

(1) The proposer of a motion shall have a right to reply at the close of the debate upon such motion, immediately before it is put to the vote.

(2) If an amendment is proposed, the proposer of the original motion shall be entitled to reply at the close of the debate upon the amendment.

(3) A member exercising a right of reply shall not introduce a new matter.

(4) After every reply to which this standing order refers a decision shall be taken without further discussion.

Alteration of motion.

11.

A member may with the consent of his seconder and of the Council, signied without discussion, alter a motion which he has proposed or of which notice has been given if the alteration is one which could have been moved as an amendment thereto.

Rescission of 12.

(1) No motion to rescind any resolution passed within the preceding preceding resolution.

six months, and no motion or amendment to the same effect as one which has Local Government CAP.

265 159 Rev.

2010] been negatived within the preceding six months, shall be proposed unless the notice thereof given in pursuance of standing order 3 of these Standing Orders bears the names of at least one-third of the members of the Council.

(2) When any such motion has been disposed of by the Council, it shall not be open to any member to propose a similar motion within a further period of six months.

(3) This standing order shall not apply to motions moved in pursuance of the report or recommendation of a committee.

13.

(1) Every question, save as otherwise provided by the Act or any other Voting.

written law, shall be determined by show of hands and decided by a majority of votes of the members present.

(2) On the requisition of any member supported by ve other members who signify their support by rising in their places the voting on any question shall be recorded so as to show how each member present and voting gave his vote.

14.The Council may resolve itself into a committee of the whole Power to resolve into Council.

committee.

15.

If any question arises at a meeting of the Council as to the Motions affecting appointment, promotion, dismissal, salary or conditions of service, or as to the persons employed by conduct, of any person employed by the Council, it shall be considered by the the council.

whole Council in Committee.

16.

Any motion which is moved otherwise than in pursuance of a Motions of recommendation or report of the nance committee or of another committee expenditure.

after the said recommendation or report has been approved by the nance committee, and which if carried would materially increase the expenditure upon any service which is under the management of or reduce the revenue under the management of any committee, or would involve capital expenditure, shall when proposed and seconded stand adjourned without discussion to the next ordinary meeting of the Council and any committee affected by such motion shall consider whether it desires to report thereon; and the nance committee shall report on the nancial aspect of the proposal.

17.

If any member of the public or the press present at a meeting of the Removal of member Council interrupts the proceedings, the chairman may, after warning, order his of the public or the removal from the Council Chamber.

Press.

18.

(1) Canvassing of members of the Council or of any committee of Canvassing.

the Council, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment.

(2) The purport of paragraph (1) of this standing order shall be included in every advertisement inviting applications for appointments or in the form of application.

(3) A member of the Council shall not solicit for any person any CAP160.

265 Local Government [Rev.

2010 appointment under the Council, or recommend any person for such appointment or for promotion; but this paragraph of this standing order shall not preclude a member from giving a written, testimonial of a candidates ability, experience or character, for submission to the Council with an application for appointment.

Relatives of members 19.

(1) Candidates for any appointment under the Council shall when or ofcers.

making application disclose in writing to the clerk whether to their knowledge L.N.

634/1963 they are related to any member of the Council or to the holder of any senior ofcer under the Council; and a candidate who fails so to do shall be disqualied for such appointment and if appointed shall, subject to section 127 of the Act, be liable to dismissal without notice.

(2) Every member and senior ofcer of the Council shall disclose to the Council any relationship known to him to exist between himself and a candidate for an appointment of which he is aware.

(3) It shall be the duty of the clerk to report to the Council or to the appropriate committee any such disclosure made to him.

(4) Where relationship to a member of the Council is disclosed, such member shall, unless the Council invites him to remain, withdraw from the meeting of the Council whilst any question as to the appointment of application for appointment of the candidate to whom he is related is being discussed or is under consideration by the Council.

(5) For the purpose of this standing order senior ofce and senior ofcer mean those designated as such by the Minister, and persons shall be deemed to be related if they are husband and wife or if either of them or the spouse of either of them is the son or daughter or grandson or granddaughter or brother or sister or nephew or niece of the other, or of the spouse of the other.

(6) The purport of this standing order shall be stated either in the advertisement inviting applications for appointment or in any form of application supplied for use by candidates.

Inspection of 20.

(1) A member of the Council may for purposes of his duty as such documents.

member but not otherwise inspect any document which has been considered by a committee or by the Council, and if copies are available shall on request be supplied for the like purposes with a copy of such documents: Provided that (i) a member shall not knowingly inspect and shall not call for a copy of any document relating to a matter in which he is pro- fessionally interested or in which he has directly or indirectly any pecuniary interest within the meaning of section 89 of the Act; and (ii) this standing order shall not preclude the clerk or the advocate to the Council from declining to allow inspection of any docu- ment which is or in the event of legal proceedings would be protected by privilege arising from the relationship of advocate Local Government CAP.

265 161 Rev.

2010] and client.

(2) All minutes kept by any committee shall be open for the inspection of any member of the Council during ofce hours.

21.

(Deleted by 11 of 1984, s.

27.).

22.

The Council shall at the annual meeting appoint such statutory and Appointment of standing committees, and may at any time appoint such other committees, as committees.

are necessary to carry out the work of the Council but, subject to any statutory provision in that behalf (a) shall not appoint any member of a committee so as to hold ofce later than the next annual meeting of the Council; (b) may at any time dissolve or alter the membership of a committee.

23.

A member of a committee (including the Council in committee) shall Proceedings in not disclose a matter dealt with by or brought before the committee without its committee.

permission until the committee has reported to the Council or has otherwise concluded action on that matter.

24.

(1) The chairman of a committee or the chairman of the Council may, Special meetings of by notice in writing, summon a special meeting of the committee at any time.

committees.

(2) A special meeting shall also be summoned by notice in writing on the requisition in writing of at least one quarter of the members of the committee.

(3) The notice of a special meeting shall set out the business to be considered at the special meeting, and no business other than that set out shall be considered at that meeting.

25.

(1) Every committee appointed by the Council may appoint Subcommittees.

subcommittees for purposes to be specied by the committee.

(2) Except where powers or duties are delegated to a subcommittee, no act of a subcommittee shall have effect until approved by the committee.

26.

(1) Business shall not be transacted at a meeting of any committee Quorums of unless at least one-quarter of the whole number of the committee, or such larger committees and proportion as the committee may determine, is present: subcommittees.

Provided that in no case shall the quorum of a committee be less than three members.

(2) Business shall not be transacted at a meeting of any subcommittee unless at least two members are present.

27.

All questions in committee shall be determined by show of hands by Voting in committee.

a majority of the members of the committee present and voting.

CAP162.

265 Local Government [Rev.

2010 Opinion of ofcers.

28.

An ofcer who is present at a meeting of a committee of the Council, being a chief ofcer or an ofcer instructed by a chief ofcer to attend such meeting, shall have the right to require his opinion to be recorded in the minutes if the committee arrive at a decision, which in the ofcers opinion is contrary to his advice.

Members may attend 29.

A member of the Council who has proposed a motion which has been committee meetings.

referred to any committee shall have notice of the meeting of the committee at which it is proposed to consider the motion and if he attends shall have an opportunity of explaining it.

Women on health 30.

At least two women shall be appointed to serve on each committee committees.

of a municipal council dealing with public health matters.

L.N.

41/1970.

All contracts to 31.

(1) Every contract whether made by the Council or by a committee comply with standing to which the power of making contracts has been delegated shall comply with orders 31 to 38.

section 143 of the Act and standing orders 31 to 38 of these Standing Orders, and no exception from any of the provisions of the said standing orders shall be made otherwise than by direction of the Council or the Finance Committee in accordance with section 143 (6) of the Act.

(2) Every exception made by a committee to which the power of making contracts has been delegated or by the Finance Committee shall be reported to the Council and the report shall specify the emergency by which the exception has been justied.

(3) Express note of any exception as aforesaid and of the emergency (if any) by which the exception has been justied shall, unless recorded in the report of a committee which is laid before the Council, be made in the minutes of the Council.

Prior estimate of 32.

Before entering into a contract for the execution of any work the expenses to be Council shall obtain from the appropriate ofcer or other person an estimate obtained before in writing of the probable expense of executing the work in a suitable manner entering into and of the annual expenses of maintaining the same.

contracts.

Contents of 33.

(1) Where in pursuance of section 143 (4) (a) of the Act public invitation for tenders invitation to tender is required, every notice of such invitation shall state that and opening tenders.

no tender will be received except in a plain sealed envelope which may bear the word Tenderfollowed by the subject to which it relates, but shall not bear any name or mark indicating the sender, and such envelopes shall remain in the custody of the clerk until the time appointed for their opening.

(2) Tenders shall be opened at one time and only in the presence of (a) such member or members of the Council as may have been designated for the purpose by the Council or by the committee to which the power of making the contract to which the tenders relate has been delegated; Local Government CAP.

265 163 Rev.

2010] (b) the clerk or an ofcial of the Council designated by him; and (c) representatives (if any) of the persons tendering, if they have made a prior request to attend, to the clerk.

34.

A tender other than the lowest tender if payment is to be made by Council to consider the Council, or the highest tender if payment is to be received by the Council, certain tenders before shall not be accepted until the Council has considered a written report from acceptance.

the appropriate ofcer or other person, and has obtained the consent of the Minister in writing.

35.

Every contract which exceeds two thousand shillings in value or Certain contracts to amount shall be in writing.

be in writing.

36.

(1) Every written contract shall specify Obligatory provisions in contracts.

(a) the work, materials, matters, or things, to be furnished, had, or done; (b) the price to be paid with a statement of discounts or other deductions; and (c) the time or times within which the contract is to be performed.

(2) Every contract which exceeds ten thousand shillings in value or amount and is either for the execution of works or for the supply of goods or materials otherwise than at one time shall provide for some pecuniary penalty to be paid by the contractor in case the terms of the contract are not duly performed, and the Council shall require and take sufcient security for the due performance of every such contract.

37.

There shall be inserted in every written contract a clause empowering Obligatory the Council to cancel the contract and to recover from the contractor the amount cancellation clause.

of any loss resulting from such cancellation (a) if the contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the contract or any other contract with the Council, or for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Council; or (b) if the like acts shall have been done by any person employed by such contractor or acting on his behalf (whether with or without the knowledge of the contractor); or (c) if in relation to any contract with the Council the contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Act.

Cap.

65.

38.

In every written contract for the execution of work or the supply of Obligatory clause CAP164.

265 Local Government [Rev.

2010 as to rates, wages, goods or materials, the following clause shall be inserted hours, etc.

The contractor shall, in respect of all persons employed anywhere by him in the execution of the contract, and further in respect of all persons employed by him otherwise than in the execution of the contract in every factory, workshop or place occupied or used by him for the execution of the contract, observe and full the following conditions (a) the contractor shall pay rates of wages and observe hours and conditions of labour not less favourable than those established for the trade or industry in the district where the work is carried out by machinery of negotiation or arbitration to which the parties are organizations of employers and trade unions representative respectively of substantial proportions of the employers and workers engaged, in the trade or industry in the district; (b) in the absence of any rates of wages, hours or conditions of labour so established the contractor shall pay rates of wages and observe hours and conditions of labour which are not less favourable than the general level of wages, hours and conditions observed by other employers whose general circumstances in the trade or industry in which the contractor is engaged are similar; (c) where the absence of established rates of wages, hours and conditions of labour or the dissimilarity of the general circumstances in the trade or industry in which the contractor is engaged prevent the contractor observing rates of wages, hours and conditions of labour ascertained under condition (a) or (b) of this clause, the contractor in xing the rates of wages, hours and conditions of labour of his employees shall be guided by the advice of the Labour Department of the Ministry of Labour; (d) the contractor shall recognise the freedom of his employees to be members of trade unions.

(e) the contractor shall maintain records in English of the time worked by, and the wages paid to, his employees adequate to show that he is complying with the requirements of this clause; (f) the contractor shall at all times during the continuance of the contract display, for the information of his employees in every factory, workshop or place occupied or used by him for the execution of the contract, a copy of this clause, together with a notice setting out the general rates of wages, hours and conditions of labour of his employees; (g) the contractor shall be responsible for observance of this clause by subcontractors employed in the execution of the contract and shall, if required, notify the Council of the names and addresses of all such subcontractors; (h) in the event of default being made in payment of any money in Local Government CAP.

265 165 Rev.

2010] respect of fair wages of any workman employed on the contract and if a claim is made to the Labour Commissioner and proof thereof satisfactory to the Commissioner is furnished, the Council may, failing payment by the contractor, arrange for the payment of such claim as certied by the Labour Commissioner, to be made out of the moneys at any time payable under the said contract and the amount so paid shall be deemed payments to the contractor; (i) the contractor shall furnish the Labour Commissioner if called upon so to do such particulars of the rates of wages, hours and conditions of labour referred to above as the Labour Commissioner may direct.

39.

(1) Except as provided in paragraph (2) of this standing order a Orders not to be Council shall not have power to suspend any of the standing orders 1 to 39 suspended.

(inclusive) of these Standing Orders.

(2) In special circumstances or in an emergency which shall be determined by the chairman, standing orders 3 and 6 of these Standing Orders may be suspended so far as regards any business at the meeting where their suspension is moved, but except upon notice of motion duly given in pursuance of standing order 3 of these Standing Orders, shall not be suspended unless there are present at least one-half of the whole membership of the Council.

40.

When any member has disclosed a pecuniary interest in any contract, Exclusion of proposed contract or other matter in accordance with section 89 of the Act, members.

he shall be excluded from the meeting of every committee and subcommittee L.N.

634/1963.

whilst any such contract, proposed contract or the matter in which he has such an interest as aforesaid is under consideration at such meeting of the committee or subcommittee, as the case may be.

Part IIOptional Orders 41.

(1) A member of the Council may ask the chairman of a committee Questions.

any question upon the proceedings of the committee then before the Council if the question is put before the Councils consideration of those proceedings is concluded.

(2) A member of the Council may (a) if two days notice in writing has been given to the clerk, ask the chairman or the chairman of any committee any question relating to the business of the Council, other than a matter specically referred to and awaiting a report from a committee; and (b) with the permission of the chairman put to him or to the chairman of any committee questions relating to urgent business, of which such notice has not been given, but a copy of any such question, shall, if possible, be sent to the clerk not later than 9.00 oclock in the morning of the day of the meeting.

(3) Every question shall be put and answered without discussion, but the CAP166.

265 Local Government [Rev.

2010 person to whom a question has been put may decline to answer it.

(4) Where a written question is addressed to the chairman or to the chairman of a committee and the desired information is contained in any of the Councils publications, it shall be deemed sufcient reply if the publication containing the information is indicated.

(5) Where the reply to any question cannot conveniently be given orally, it shall be deemed a sufcient reply if the answer is circulated to members of the Council with the minutes of the meeting at which the question has been asked.

Personal accusations.

42.

(1) No member of the Council shall make personal accusations against nor impute improper motives to any other member or members of the Council in any meeting of the Council.

(2) Any such accusations or imputations shall be made in writing and forwarded to the clerk who shall refer the same to the next meeting of the appropriate committee of the Council for investigation.

Standing Orders to 43.

The Standing Orders of the Council as to rules of debate at Council apply to committees.

Meetings shall mutatis mutandis apply to committee and subcommittee meetings, except those parts of standing order 6 of these Standing Orders which relate to standing, speaking more than once, and to length of speeches.

Voting on 44.

Subject to the Act and any other written law, where there are more appointments.

than two persons nominated for any position to be lled by the Council, and of the votes given there is not a majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote shall be taken, and so on until a majority of votes is given in favour of one person.

Custody of the seal.

45.

The common seal of the Council shall be kept in some safe place and shall be secured by two different locks, the keys of which shall be kept respectively by the chairman and the clerk: Provided that the chairman may entrust his key temporarily to another member of the Council with a written authority to such member to exercise his powers, and similarly the clerk may entrust his key temporarily to the deputy clerk (if such deputy has been appointed by the Council) or to another chief ofcer of the Council.

Sealing of 46.

(1) The common seal of the Council shall not be afxed to any documents.

document unless the sealing has been authorized by a resolution of the Council or of a committee to which the Council has delegated its powers in this behalf, but a resolution of the Council (or of a committee where that committee has the power) authorizing the acceptance of any tender, the purchase, sale, letting, or taking of any property, the issue of any stock, the presentation of any petition, memorial, or address, the making of any rate or contract, or any other matter or thing, shall be a sufcient authority for sealing any document necessary to give effect to the resolution.

Local Government CAP.

265 167 Rev.

2010] (2) The seal shall be attested by one at least of the following present at the sealing, namely, the chairman or vice-chairman, or the clerk or deputy clerk, and an entry of every sealing of a document shall be made and consecutively numbered in a book to be provided for the purpose and shall be signed by the person or by persons who attest the seal.

47.

The consideration of all plans which in virtue of any building by-law Approval of plans.

in force in the Councils area require approval or disapproval by the Council shall stand referred without motions or debate to the (Towns Planning) Committee and it shall be the duty of that committee to consider them accordingly and to meet so often as will ensure exercising the said power within the period prescribed by law: 48.

A member of the Council may attend any meeting of a committee Right to attend thereof, but not of a subcommittee, but, subject to standing order 29 of these meetings.

Standing Orders, he shall not have the right to join in any discussion unless he has obtained the consent of the chairman of the committee so to do prior to the commencement of the meeting: Provided that a member shall not be entitled to claim travelling and other expenses incurred in attending a meeting of a committee of which he is not a member except where under standing order 29 of these Standing Orders he has or should have received notice of the meeting of the committee.

THIRD SCHEDULE (ss.

129, 130) 11 of 1984, Sch., StatuteS, pOwerS, dutIeS aNd reSpONSIbIlItIeS OF CertaIN L.N.

83/2000.

OFFICerS Part ITown Clerk and Clerk (s.

129) 1.

He shall be responsible for convening all meetings of the local authority and its committees and subcommittees and for the preparation of agenda, minutes and reports of such local authorities and their committees and subcommittees.

2.

(1) He shall advise the local authority and its committees and subcommittees on all matters upon which his advice is necessary, including the standing orders thereof and local government legislation.

(2) (Deleted by 11 of 1984, s.

28.).

3.

He shall, either personally or by his nominee, attend all meetings of the local authority and of its committees and subcommittees.

4.

He shall advise the mayor or chairman of the local authority, as the case may be, on all matters appertaining to those ofces.

5.

Subject to any general directions which the local authority may give, he shall have the charge and custody of, and be responsible for, all charters, deeds, records and other documents belonging to the local authority which shall CAP168.

265 Local Government [Rev.

2010 be kept as the local authority may direct.

6.

He shall have the duty of ensuring that the business of the local authority is carried out with order, regularity and expedition in accordance with the by-laws, regulations, resolutions and standing orders of the local authority.

7.

He shall have the responsibility for the general correspondence of the local authority.

8.

Where any document will be a necessary step in legal proceedings on behalf of the local authority, he shall sign such document unless any written law otherwise requires or authorizes, or the local authority shall have given the necessary authority to some other person for the purpose of such proceedings.

9.

He shall have the conduct of such negotiations on behalf of the local authority as the local authority may require.

10.

He shall have the responsibility for conveying decisions of the local authority to ofcers of the local authority relating to their work and conduct.

11.

He shall, where legally qualied so to do, give general legal advice to the local authority, and, whether legally qualied or not, to ofcers of the local authority on questions arising with regard to their ofcial duties and obligations.

12.

He shall be responsible for conducting all ballots and all proceedings necessary for determining any question by lot.

Part IIChief Financial Ofcer (s.

130) 1.

He shall be the accountant, paymaster and collector and nancial adviser of the local authority.

2.

He shall advise the local authority and its committees and subcommittees on all matters on which his advice is necessary, including nancial orders or regulations and the standing orders and local government legislation so far as nancial matters are concerned.

3.

He shall attend, either personally or by his nominee, all meetings of the nance committee of the local authority and other committees where business with nancial implications may be transacted.

4.

He shall be responsible for the organisation of the nance department and for the organization of the nancial arrangements in all other departments of the local authority.

5.

He shall be responsible to the local authority for the maintenance of the local authoritys accounting system and for the supervision of all the nancial records of the local authority, wherever kept.

Local Government CAP.

265 169 Rev.

2010] 6.

He shall prepare and submit to the nance committee of the local authority and to the inspector the accounts of the local authority as required by Part XVII of this Act.

7.

The chief nancial ofcer of a municipal council or county council shall be responsible for printing or reproducing an annual abstract of accounts of the local authority.

8.

He shall be responsible for the preparation of all nancial returns required by Government departments.

9.

He shall supply promptly, in conjunction with other departments where necessary, to the local authority, its committees and departments any nancial data they require for management of the local authoritys business.

10.

He shall establish an Internal Audit Unit independent from the L.N.

83/2000.

Treasurer.

The Internal Auditor shall be responsible therefor and shall promptly report to the committee concerned and to the Finance Committee any irregularities discovered in such course of the internal audit.

11.

He shall, subject to the provisions of the Act, make arrangements for the verication of all accounts for payment and for making all payments, including salaries, wages and pensions.

12.

He shall obtain from the chief ofcers concerned all the information necessary for the proper examination of claims for payment due from the local authority arising from any contract.

13.

In accordance with the instructions of the local authority, he shall make arrangements for the collection and recovery of moneys due to the local authority and the handling, custody, security and banking of cash.

14.

He shall be responsible for the ordering, control and issue of, and for supplying all departments with, all ofcial receipt forms, books, tickets, stores requisitions and other documents representing money or moneys worth.

15.

He shall be responsible for compiling, in conjunction with the departments, the estimates of the local authority and for submitting summaries thereof and reports thereon to the nance committee.

16.

He shall report to the appropriate committee any overspending and any unauthorized expenditure, and shall draw attention to any irregularity in respect of any proposed expenditure.

17.

He shall manage, subject to the instructions of the nance committee and the local authority, all funds of the local authority.

18.

He shall ensure that monies not required for the time being are suitably invested.

19.

He shall advise the nance committee on the raising of capital funds.

CAP170.

265 Local Government [Rev.

2010 20.

He shall be responsible for all rating matters of the local authority and for the collection of rates due to the local authority.

21.

He shall direct and supervise the nancial transactions of the local authority with their bankers.

22.

He shall carry out nancial negotiations on behalf of the local authority and assist in other negotiations when nancial aspects are involved.

23.

He shall give such nancial evidence, where appropriate, as may be required on behalf of the local authority.

24.

He shall effect insurances for all departments of the local authority and make claims on insurance companies and recommend settlements.

25.

He shall be responsible for the keeping of true accounts of all monies received and receivable and paid and payable by the local authority for any charitable purpose of which the local authority may assume the charge.

26.

He shall, if required by the local authority, be responsible for the custody and control of the stores of the local authority, and, if not so required, shall be responsible for prescribing the stores accounting procedure of the local authority.

27.

He shall prepare and submit to the nance committee of the local authority a report on all proposals involving capital expenditure and on other expenditure not provided for in the estimates of the current nancial year of the local authority and on any proposals involving a variation in the income of the local authority.

28.

Where the chief nancial ofcer to any local authority is a nancial adviser, either seconded from the public service or directly appointed by the local authority, he shall have power to delegate in writing any of his functions as contained in this Schedule to a treasurer in the employment of the local authority.

FoUrTh ScheDULe (Spent.) L.N.

634/1963, FIFTH SCHEDULE (ss.

53, 53A, 53B) 4th Schedule, L.N.

749/1963, lOCal authOrItIeS eleCtION L.N.

105/1965, L.N.

107/1966, 1.

Subject to the provisions of paragraphs 2 and 3 of this Schedule L.N.

11/1967, a person shall be qualied to be registered as a voter in elections to local 13 of 1970, authorities if, and shall not be so qualied unless, at the date of his application 4 of 1974, to be registered, he 11 of 1984, s.

29.

Qualication for (a) is a Kenya citizen and has attained the age of 18 years; and registration as voters.

Local Government CAP.

265 171 Rev.

2010] (b) possesses any of the following qualications, that is to say L.N.

107/1966, 4 of 1974, Sch., (i) is, in the current valuation roll, assessment roll, area roll or rate 10 of 1997, Sch.

roll of a local authority having jurisdiction over the place in which he applies to be registered, named as the rateable owner or rateable occupier of rateable property included in that roll and has paid all rates in respect of that property due from him in the year ending with the 31st December next before the date on which he so applies; or (ii) has, in respect of each year in the period of three years ending with the 31st December next before the date on which he applies to be registered, paid to a local authority having jurisdiction at the date of such payment over the place in which he so applies a rate or tax (by whatever name called) levied by that authority for general purposes; or (iii) has, for a period of, or periods amounting in aggregate to, not less than ve years in the seven years immediately preceding the date of his application to be registered, ordinarily resided in an area that at that date is within a local authority area that includes the place in which he so applies; or (iv) is the spouse of any person falling within subparagraph (b) (i), subparagraph (b) (ii) or subparagraph (b) (iii) of this paragraph.

2.

No person shall be qualied to be registered as a voter in elections Disqualication to local authorities for registration as a voter.

(a) if, under any law in force in Kenya, he is adjudged or otherwise 11 of 1967, s.

11.

declared to be of unsound mind; or (b) if he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under a law in force in Kenya; or (c) if he is under sentence of death imposed on him by any court in Kenya or is serving a sentence of imprisonment (by whatever name called) of or exceeding three months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or (d) if he is disqualied therefrom by any rules made by the Electoral Commission in respect of the place in which he applies to be registered on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition.

3.

(1) A person shall not be qualied to be elected, nominated, appointed Disqualication for or otherwise selected as a councillor of a local authority if, at the date of his councilor.

nomination for election or at the date of his nomination, appointment or other L.N.

107/1966, CAP172.

265 Local Government [Rev.

2010 11 of 1967, s.

11, selection, as the case may be 13 of 1970, 11 of 1984, s.

29.

(a) he holds or is acting in any ofce on the staff of that authority or of any other local authority whose area of jurisdiction includes or is included in the area of jurisdiction of that authority; or (b) he holds any paid ofce or other place of prot (other than that of mayor or chairman) wholly or partly in the gift or disposal of any local authority or of any committee thereof; or (c) he has within ve years before the day of his election or since his election been surcharged under section 236 of the Act in respect of an amount exceeding one thousand shillings by an inspector; or (d) he has within twelve months next before the day of his election been convicted of any criminal offence, whether in Kenya or elsewhere, and has been sentenced to imprisonment for a period of not less than three years and has not received a free pardon: Provided that the Electoral Commission may by order in any particular case remove such disqualication; or (e) he cannot read, write and speak the ofcial language, or at least one of the ofcial languages, if there is more than one ofcial language, of the local authority: Provided that the Electoral Commission may direct that such disqualication need not apply to the members of local authorities generally or of any particular class or group of local authorities or of any particular local authority; or (f) he is disqualied from being elected or from being a councillor or member of that authority under or by virtue of any of the provisions Cap.

66.

of the Election Offences Act; or (g) he has within three years from the date of his election or nomination or since his election or nomination been convicted of an offence under section 86A or 89 of the Act.

4.

(Deleted by 13 of 1970, s.

11.).

Determination of 5.

Any question whether a person is qualied for registration as a voter qualication.

in elections to local authorities shall be determined in such manner as may be prescribed by rules made by the Electoral Commission.

Multiple 6.

A person who is qualied to be registered in more than one place as qualication.

a voter in elections to local authorities may apply to be registered in any or all of the places in which he is so qualied whether those places fall within the same local authority area or within different local authority areas, but a person who is qualied to be registered in two or more places as a voter in elections to local authorities shall, on the nal compilation of the register of voters in elections to any one authority, be registered only once in each electoral area Local Government CAP.

265 173 Rev.

2010] for that authority.

7.

For the purposes of paragraph 2 (c) of this Schedule Interpretation.

(a) two or more sentences that are required to be served consecutively shall be regarded as separate sentences if none of them amounts to or exceeds three months, but if any one of them amounts to or exceeds three months they shall be regarded as one sentence; and (b) no account shall be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a ne.

174 CAP.

265 Local Government [Rev.

2010 [Subsidiary] SUBSIDIARY LEGISLATION Rules under sections 53 and 72 THE LOCAL GOVERNMENT ELECTION RULES arraNGeMeNt OF ruleS part IprelIMINary Rule 1Citation.

2Interpretation.

part IIreGIStratION OF eleCtOrS 3Electoral rolls.

4Compilation and revision of electoral rolls.

5Electoral roll not to be amended on polling day.

part IIIappOINtMeNt OF OFFICerS 6Director of Elections.

7Deputy Director of Elections.

8Returning ofcers and deputies.

part IvMatterS prelIMINary tO eleCtIONS 9Deleted.

10Polling areas and polling stations.

11Use of schools and public rooms.

12Publication of particulars of election.

13Presiding ofcers and poll clerks.

part vNOMINatION OF CaNdIdateS FOr prelIMINary eleCtIONS 14Qualication of candidates.

15Nomination of candidates.

16Nomination papers.

17Attendance at delivery of nomination papers.

18Validity of nomination papers.

19Withdrawal of candidates.

20Procedure after close of nominations.

20ADeath, etc., of candidate.

part vIGeNeral prOvISIONS relatING tO eleCtIONS 21Election procedure.

22Equipment of polling stations.

Rev.

2010] Local Government CAP.

265 175 [Subsidiary] Rule 23Admission to polling stations.

24Keeping order at polling stations.

25Postponement, etc., of polling.

26Communication with electors at polling station.

27Sealing of ballot boxes.

27ABallot papers.

28Challenge of persons voting.

29General voting procedure.

29AMethod of voting.

30Votes cast by presiding ofcer.

31Spoilt ballot papers.

32Evidence of identity and record of certain votes.

33Hours of poll.

34Procedure on close of poll.

35Attendance at counting of votes.

36Count of votes.

37Recount.

38Rejected ballot papers.

39Sealing of ballot papers.

39AResult of election.

40Retention and public inspection of documents.

part vIISpeCIal prOvISIONS relatING tO prelIMINary eleCtIONS 41 to 48Deleted.

part vIIISpeCIal prOvISIONS relatING tO FINal eleCtIONS 49 to 57Deleted.

part IXeleCtION eXpeNSeS 58Interpretation.

59Election expenses.

60Maximum of election expenses.

61Election agents.

62Effect of default in appointment of election agent.

63Payment of expenses and making of contracts through election agent.

64Receipts for election expenses.

65Limitation of action for, and disputes on claims.

66Return as to election expenses.

67Condoning orders.

68Penalties.

Chedule S 176 CAP.

265 Local Government [Rev.

2010 [Subsidiary] THE LOCAL GOVERNMENT ELECTIONS RULES L.N.

202/1970, L.N.

209 / 1974, L.N.

190 / 1979, part IprelIMINary L.N.

95 / 1982, L.N.

114 / 1983, L.N.

204 / 1983, L.N.

319 /1987, L.N.

512 / 1990, L.N.

252 / 1992, L.N.

399 / 1992, L.N.

101 / 1998, L.N.

171/2002, L.N.

179/2007.

Citation.

1.

These Rules may be cited as the Local Government Elections Rules.

L.N.

399/1992.

Interpretation.

2.

In these Rules, unless the context otherwise requires L.N.

512/1990, L.N.

319/1973, candidate in respect of elections, means a person seeking nomination L.N.

252/1992, or duly nominated as a candidate for election thereat; L.N.

399/1992, L.N.

171/2002, close of nominations means four oclock in the afternoon on nomination L.N.

179/2007.

day; copy of electoral roll means a copy of the register of electors or the part thereof, supplied to a polling station under paragraph (3) (c) of rule 22; councillor means an elected member of a local authority; counting agent means an agent of a candidate duly authorized in accordance with paragraph (2) of rule 35 to be present at the counting of votes in an election; Director of elections means an ofcer appointed under section 3 of the National Assembly and Presidential Elections Act; election means an election, held in accordance with the provisions of these Rules, in an electoral area for the purpose of returning councillors to a local authority; election ofcer means a returning ofcer, a presiding ofcer, any other person appointed by the Electoral Commission to assist in the conduct of election under this Act; elector means a person whose name is included in a current electoral roll; electoral area means an electoral area duly established in the area of a local authority, whether by division of that area or otherwise, for the purpose Rev.

2010] Local Government CAP.

265 177 of returning one councillor to that local authority; [Subsidiary] electoral roll means a current register of electors for that local authority; electors card means an electors card issued under the Registration Regulations and indicating thereon the holders entitlement to vote in an election; Form means a form which is substantially the same as the appropriately numbered form in the Schedule; nomination day in respect of an election, means the day xed by a notice under the Act or these Rules as the day for the nomination of candidates for that election; nomination paper means a nomination paper delivered to the appropriate ofcer by or on behalf of a person wishing to stand as a candidate at an election; police ofcer means any member of the Kenya Police Force or of the Administration Police or any other person assigned, by the Electoral Commission, the duties that are performed by a police ofcer under these rules; poll clerk means a person appointed as such under paragraph (1) of rule 13 and includes a counting clerk; polling area means one of the areas into which an electoral area is divided under paragraph (1) (a) of rule 10 or, where the returning ofcer has declared the electoral area to be one polling area under that paragraph, that electoral area; polling station means any room, place, vehicle or vessel set apart and equipped for the casting of votes by electors at an election; presiding ofcer means a person appointed under rule 13 to preside at a polling station; publish in the approved manner, in relation to any notice to be published by any person under these Rules, means publication by that person in such manner as may be approved by the Electoral Commission, including posting up in conspicuous places, as appears to the Electoral Commission necessary and sufcient to bring the contents of such notice to the attention of persons affected thereby; Registration Regulations means any regulations for the time being in force under the National Assembly and Presidential Elections Act, relating to Cap.

7.

the registration of voters, and the preparation of registers of electors, for the election of members of the National Assembly; rejected ballot papers means a ballot paper which is void and not to be counted by virtue of any of the provisions of these Rules; 178 CAP.

265 Local Government [Rev.

2010 [Subsidiary] returning ofcer means a person appointed as such under rule 8; spoilt ballot paper means a ballot paper delivered to a presiding ofcer under rule 31 and accepted by him as a spoilt ballot paper; subscriber, in relation to a nomination paper, means a proposer, seconder and any supporter whose name appeared on such paper; part IIreGIStratION OF eleCtOrS A register of electors.

3.

(1) Wherever the Electoral Commission, by order, so directs, a roll of L.N.

209/1974, persons entitled to vote in elections shall be prepared in respect of all electoral L.N.

252/1992, areas or in respect of such electoral area or areas as may be specied in the L.N.179/2007 order.

(2) Whenever a new electoral area is created, or an existing electoral area is varied, a register of electors shall be prepared in respect of the new or varied electoral area or areas.

(3) The provisions for the time being applicable to the registration of voters for elections to the National Assembly shall, subject to such modications as may be necessary, apply for the purpose of registration of voters for elections to the local authorities.

(4) The forms for the time being relating to the registration of voters for elections to the National Assembly shall, for the purpose of registration of voters for elections to local authorities, be read with such amendments or modications as may be necessary.

Compilation and 4.

(1) Where a registration ofcer prepares a register of electors under revision of register of the Registration Regulations for a registration unit, he shall record therein the electors.

names of persons entitled to vote in elections to the local authorities within such L.N.

209/1974, registration unit, and where an electors card is issued to any person under those L.N.

179/2007 Regulations the registration ofcer shall, where appropriate, specify thereon the entitlement of that person to vote in elections to such local authorities.

(2) Where registers of electors are compiled a register of electors for each electoral area shall be similarly prepared.

(3) Where a register of electors is revised under the law pertaining to elections to the National Assembly, any register of electors or rolls having effect in the area covered by such register shall be similarly revised.

(4) In each local authority area there shall be established an individual electoral area for every councillor to be elected in that local authority.

A register of electors 5.

Notwithstanding anything contained in the Registration Regulations, not to be amended on no correction or amendment shall be made to any register of electors on any polling day.

day on which polling is taking, or is to take, place in the electoral area to which L.N.

179/2007.

such roll relates.

Rev.

2010] Local Government CAP.

265 179 [Subsidiary] part IIIappOINtMeNt OF OFFICerS 6.

(Deleted by L.N.

171/2002.).

Election Ofcers.

7.

The Electoral Commission may, by notice in the Gazette, appoint such L.N.

209/1974, election ofcers for all or any of the districts as it may deem necessary to assist it in the discharge of its functions under the Constitution and these Rules.

L.N.

399/1992, L.N.

179/2007.

Returning ofcers 8 (1) The Electoral Commission shall appoint a returning ofcer for each and deputies.

electoral area and may appoint such deputy returning ofcers for such electoral areas as it may consider necessary.

L.N.

171/2002, L.N.

179/2007 (2) Persons appointed under this rule may be appointed for more than one electoral area and for one or more specied elections or generally in respect of all elections which may be held in the electoral area or areas to which they are appointed.

(3) Every appointment under this rule shall be published in the Gazette and in such other manner, if any, as the Electoral Commission may deem necessary in order to bring it to the attention of persons who may be affected thereby.

(4) A deputy returning ofcer shall, subject to the general direction and control of the returning ofcer to whom he is a deputy, have all the powers and may perform all the duties of such returning ofcer under these Rules.

part IvMatterS prelIMINary tO eleCtIONS 9.

The distinctive colour and distinctive symbol allotted to a political Party symbols.

party by the Electoral Commission for use by that party at elections to the L.N.

179/2007.

National Assembly shall be used by that party at elections in accordance with these Rules, and in these Rules party symbol means a distinctive symbol.

Polling areas and 10.

(1) For each electoral area, the Electoral Commission shall polling stations.

(a) divide the electoral area into polling areas, or, if the Electoral L.N.

171/2002, L.N.

179/2007.

Commission thinks t, declare the electoral area to be one polling area; (b) assign to each polling area a distinguishing number or letter or a combination of number and letter; (c) appoint a place or places , vehicle or vehicles, or vessel or vessels at which the polling station or stations for each polling area shall be established; and (d) publish a notice specifying (i) The polling areas established for the electoral area, which may 180 CAP.

265 Local Government [Rev.

2010 [Subsidiary] be specied by reference to the registration units which they respectively comprise; (ii) The distinguishing number or letter, or combination thereof, assigned to each polling area; and (iii) The place or places, vehicle or vehicles, or vessel or vessels appointed for the establishment of a polling station or polling stations for each polling area.

(2) In determining the boundaries of any polling area, the Electoral Commission shall have regard to geographical considerations, population and any other factors affecting the facility of communication between various places within the polling area.

(3) Subject to paragraph (2), the Electoral Commisssion may alter any division, assignment or appointment made under paragraph (1), and shall thereupon publish details of the alteration.

Use of schools and 11.

(1) The Electoral Commission use, free of charge, for the purposes public rooms.

of a polling station or for the counting of votes L.N.

171/2002, L.N.

179/2007.

Cap.

211.

(a) a room or rooms in any public school as dened in the Education Act; (b) local authority facilities; (c) any room the expense of maintaining which is payable out of any public funds.

(2) Where, as a result of the use of any facility under this rule, any damage is done to, or any expense is unavoidably incurred by any person having control over, the facility, the Electoral Commission shall make good the damage, or repay such expense to such person, as the case may be.

(3) No church, temple or other place of public worship shall be used for any purpose of an election.

Publications of 12.

(1) Within fourteen days of the occurrence of any casual vacancy particulars of among the elected councillors of the local authority, the local authority shall election.

notify the Electoral Commission of the existence of the vacancy and a similar L.N.

399/1992, notice shall be given to the Minister in the same period.

L.N.

101/1998, L.N.

179/2007.

(2) Not later than ten days from the date when the terms of ofce of the existing councillors expire, or within fourteen days of the receipt by him of a notication under paragraph (1) of this rule, the returning ofcer shall publish in the Gazette and in each electoral area a notice in respect of the electoral area or areas in which an election is to be held: Rev.

2010] Local Government CAP.

265 181 Provided that the Electoral Commission may direct that such notice [Subsidiary] may be published at a date later than that which would otherwise be applicable under this paragraph.

(3) A notice under paragraph (2) shall be in Form 1 and shall specify (a) the day or days upon which each political party shall nominate candidates to contest the civic elections in accordance with its constitution or Rules, which shall not be more than twenty-one days after the date of the publication of such notice; (b) the place at which, and the times during which, nomination papers for an election may be obtained; (c) the dates on which, and the place at which, nominations for an election may be handed to the returning ofcer, which date shall not be less than ten days after the date xed as the date of such notice; (d) the day or days upon which an election shall be held, which shall not be less than fourteen days after the nomination day.

(4) Where more than one election is to be held, a notice under paragraph (2) may form part of a composite notice.

13.

(1) Whenever an election is to be held in an electoral area, the Presiding ofcers and returning ofcer in consultation with the Electoral Commission shall appoint a poll clerks.

presiding ofcer to preside at each polling station, and such poll clerks as may L.N.

171/2002.

be necessary for the purposes of the election: Provided that no person shall be so appointed if he has been employed by or on behalf of, or has in any manner whatsoever assisted, any of the candidates in or about such election or any election connected therewith.

(2) A returning ofcer may, if he thinks t, preside at a polling station and in any such case he shall, for the purposes of any of the provisions of these Rules, be deemed to be a presiding ofcer of such station.

(3) Subject to the general or special directions given by the presiding ofcer, a poll clerk may perform any act (including the asking of questions) which his presiding ofcer is required or authorized to perform by these Rules: Provided that no polling clerk shall have power to order the arrest of any person or the exclusion or removal of any person from a polling station.

(4) The returning ofcer shall require every presiding ofcer and poll clerk, as soon as he has made the oath of secrecy prescribed by the Election Offences Act, to make before the returning ofcer a declaration that the person Cap.

66.

making the declaration understands that he must not prompt any elector whom he is empowered by these Rules to assist, and must strictly follow the provisions of these Rules, and any instructions which may lawfully be given to him, relating 182 CAP.

265 Local Government [Rev.

2010 [Subsidiary] to the election concerned.

part vNOMINatION OF CaNdIdateS FOr eleCtIONS 14.

No person shall put himself forward as a candidate at an election unless Qualication of candidates.

(a) he is qualied in all respects, other than the qualication of having L.N.

209/1974, been successful in such an election, to be a councillor, and is not L.N.

204/1983, disqualied therefrom; L.N.

101/1998, L.N.

179/2007.

(b) he proves he has been nominated by the political party to be a candidate for Local Government election; (c) (Deleted by L.N.

204/1983.); (d) he is qualied under, and has complied with the provisions of the constitution or rules of that political party relating to its members who wish to stand as candidates at elelctions.

Nomination of 15.

(1) For the purposes of nomination for candidature at an election, candidates.

every candidate shall be L.N.

101/1998, (a) proposed and seconded; L.N.

171/2002, L.N.

179/2007.

(b) supported by not less than ve and not more than seven registered electors other than the proposer and seconder; and (c) nominated by the delivery by the candidate or his duly appointed agent to the returning ofcer for the electoral area, between the hours of eight oclock in the morning and one oclock in the afternoon and between the hours of two oclock and four oclock in the afternoon on the nomination day for that election, of a nomination paper in Form 2.

(2) There shall be delivered to the returning ofcer with a nomination paper (a) a statutory declaration in Form 3 made not earlier than one month before the nomination day; (b) nomination fee of one thousand shillings in cash or bankers draft; and (c) a copy of the constitution and rules of nomination of candidates of the political party nominating the candidate.

(3) The subscribers to a nomination paper shall all be persons who are registered as electors for the electoral area concerned and who are members of the political party whose endorsement the candidate is seeking.

(4) If a person stands nominated as a candidate for more than one election Rev.

2010] Local Government CAP.

265 183 [Subsidiary] all such nominations of that person shall be declared void.

16.

(1) A nomination paper under this Part shall Nomination papers.

L.N.

179/2007.

(a) contain such description of the candidate as is, in the opinion of the returning ofcer, sufcient adequately to identify the candidate; (b) contain the candidates name as it appears in the register of electors; and (c) show the electoral number of each of the subscribers thereto.

(2) Where a nomination paper bears the signatures of more than the required or permitted number of persons as proposing, seconding or supporting the candidate, the signature or signatures, up to the required or permitted number, appearing rst on the paper in each category shall be taken into account to the exclusion of all others in that category.

(3) No person shall be a subscriber to more than one nomination paper in respect of the same election, and if any person subscribes to more than one such paper his subscription shall be inoperative on all such papers other than the one rst delivered to the returning ofcer: Provided that this paragraph shall not apply to the subscription of any person by reason only of his having subscribed a nomination paper of a candidate who has died or who has withdrawn his candidature before a second nomination paper subscribed by such person has been delivered to the returning ofcer.

(4) A returning ofcer shall, on request made at such place and during such times as are notied under rule 12, supply to any elector a form of nomination paper, and shall, at the request of an elector prepare a nomination paper for signature, but it shall not be necessary for a nomination paper to be on a form so supplied so long as it otherwise complies with the requirements of these Rules.

17.

(1) Except for the purpose of assisting the returning ofcer, and at his Attendance request, no person shall be entitled to attend the proceedings taking place during at delivery of the time xed for the delivery of nomination papers unless he is a candidate or nomination papers.

the agent, proposer or seconder of a candidate: Provided that only two such persons shall be entitled so to attend at any one time in respect of any one candidate, whether one of those two is the candidate himself or not.

(2) Where a person is nominated by more than one nomination paper, only the persons subscribing as proposer and seconder to such one of those papers as he may select or, in default of such selection, that one of such papers which is rst delivered, shall be entitled to attend under this rule.

(3) A person entitled to attend proceedings under this rule shall also be entitled to inspect, and to object to the validity of, any nomination paper 184 CAP.

265 Local Government [Rev.

2010 [Subsidiary] delivered in his presence.

Attendance of media 17A.

Notwithstanding rule 17 (1) accredited represenatives of the media and observers.

and accredited election observers may attend the proceedings taking place during L.N.

171/2007, the time xed for the delivery of nomination papers.

L.N.

179/2007.

Validity of 18.

(1) Where a nomination paper, together with the statutory nomination papers.

declaration referred to in paragraph (2) of rule 15, has been delivered to the L.N.

171/2002, returning ofcer, but not otherwise, a nomination paper shall be deemed to L.N.

179/2007.

be valid, and the candidate named therein to stand validly nominated for the election concerned, unless and until the returning ofcer decides otherwise or until proof is given, to the satisfaction of the returning ofcer, of the death of the candidate, or the candidate withdraws his candidature as hereinafter provided.

(2) A returning ofcer, before accepting the delivery of a nomination paper, may require the candidates named therein to satisfy the returning ofcer that he is not disqualied from election, and may require such verication as he may think t of any of the matters stated in the declaration under paragraph (2) of rule 15.

(3) A returning ofcer shall be entitled to hold a nomination paper invalid on any of the following grounds, but not otherwise, that is to say (a) that the particulars of the candidate or subscribers contained in the nomination paper are not as required by these Rules; (b) that the paper is not subscribed as required by these Rules; (c) that the candidate is not qualied, or is disqualied, by these Rules or any other written law for being nominated or for being elected as a councillor; (d) that the proposer or seconder, or so many of the subscribers as would reduce the number of qualied subscribers to less than ve, are not qualied to be subscribers.

(e) that the political party that nominated the candidate under section 53 (5) (c) of the Act has already nominated another candidate whose nomination paper has previously been received and which has not been held invalid; (f) that the nomination paper was presented after the time for delivering nomination papers; (g) that the nomination fee was not paid.

(3A.) Notwithstanding paragraph (3) (e), if two nomination papers are presented in which the same political party appears to have nominated different candidates, the returning ofcer may investigate the matter and determine which nomination paper to hold invalid, provided that where the political party Rev.

2010] Local Government CAP.

265 185 [Subsidiary] in question has submitted a composite list of candidates duly signed by two national ofcials of the party accredited for that purpose, the returning ofcers shall conrm the validly nominated candidate by reffering to such a list.

(4) A returning ofcer shall give his decision or an objection to a nomination paper as soon as practicable after such objection is made.

(5) Where a returning ofcer decides that a nomination paper is invalid he shall record that decision and the reasons therefor on the paper and add his signature thereto and shall return the paper to the candidate or the person who delivered the paper.

Withdrawal of 19.

At any time before the close of nominations, but not later, a candidate candidates.

whose nomination paper has been delivered to the returning ofcer may, by notice in writing signed by him and witnessed by one other person and delivered L.N.

171/2002.

to the returning ofcer, withdraw his candidature.

Procedure after close 20.

(1) If, after the close of nominations for an elections, the number of of nominations.

nominated candidates does not exceed the number of councillors to be elected, L.N.

179/2007.

or if no candidate is nominated, the returning ofcer shall forthwith (a) declare the candidate or candidates (if any) to be elected and shall publish in the approved manner a notice giving the result and countermanding the holding of the election; (b) deliver to the Electoral Commission a certicate in Form 6.

(2) If, after the close of nominations for an election, no candidate is nominated, or the number of candidates nominated is less than the number of councillors to be elected, a casual vacancy or vacancies shall be deemed to exist in respect of the electoral area concerned with effect from the nomination day and the provisions of these Rules shall apply thereto accordingly.

(3) If, after the close of nomination for an election, the number of persons standing validly nominated exceeds the number of councillors to be elected, the returning ofcer shall publish in the approved manner a notice in Form 4 stating (a) the number of candidates to be elected; (b) the names of the candidates in alphabetical order of surnames, or, if there are two or more candidates with the same surname, of their other names, their addresses and occupations as given in their nomination papers; (c) the names of subscribers to the nomination papers; (d) (Deleted by L.N.

95/1982.); (e) (Deleted by L.N.

512/1990.); 186 CAP.

265 Local Government [Rev.

2010 [Subsidiary] (f) the polling stations at which polling will take place and the portion of the electoral area allotted to each polling station, and the voters allotted to each polling station; and (g) the distinguishing number or letter, or combination thereof, allotted to each polling station.

(h) the day or days upon which, and the hours during which, the poll shall be taken.

Death, etc., of 20 A.

If, after the close of nominations but before polling is commenced candidate.

in that election, proof is given to the satisfaction of the returning ofcer that aL.N.

171/2002, person is not validly nominated under this Part or has died, the returning ofcer L.N.

179/2007.

shall forthwith inform the Electoral Commission and countermand the election and issue a fresh notice under rule 12, and the provisions of these Rules shall apply accordingly.

Provided that no fresh nomination shall be necessary in the case of a person already duly nominated for the countermanded election whose nomination shall remain valid.

part vIprOvISIONS relatING tO eleCtIONS Election procedure.

21.

(1) Every election shall be by secret ballot wherein the votes of electors shall consist of ballot papers, and shall be held in accordance with the provisions of these Rules applicable to the class of election concerned.

(2) No person shall vote in any electoral area other than that in respect of which he is registered as an elector.

(3) Save as otherwise expressly provided by these Rules, no person shall be issued with more than one ballot paper at any election.

Equipment of polling stations.

22.

(1)The returning ofcer shall provide each presiding ofcer with L.N.

179/2007.

such number of ballot boxes and ballot papers as the returning ofcer considers necessary for the effective carrying out of the provisions of these Rules relating to the election concerned.

(2) Every ballot box shall be constructed (a) with an aperture which is large enough to receive a ballot paper but which is not larger; (b) so as to be capable of being sealed so that ballot papers cannot be taken out of the box so long as the seal is unbroken.

(3) The returning ofcer shall provide each polling station with (a) materials to enable electors to mark their ballot papers in elections where such marking is necessary; Rev.

2010] Local Government CAP.

265 187 [Subsidiary] (b) instruments for stamping the ofcial mark on ballot papers; (c) a copy of the register of electors or of such part thereof as contains the names of the electors allotted to the polling station; (d) furniture, notices, forms and stationery as may be necessary and sufcient for the proper conduct of the election.

(e) a sufcient number of compartments in which electors can mark their votes screened from observation.

23.

(1) The presiding ofcer shall regulate the number of electors to Admission to polling be admitted to the polling station at the same time and shall exclude all other stations.

persons except L.N.

171/2002, L.N.

179/2007.

(a) the candidates and their agents; (b) election ofcers on duty; (c) police ofcers on duty; (d) persons necessarily assisting blind or incapacitated electors or assisting electors under rule 30; (e) accredited representatives of the media and accredited election observers; (f) members of the Electoral Commission; (2) The presiding ofcer shall admit to the polling station not more than two agents for each candidate, but he may refuse to admit a person claiming to be an agent for a candidate if that person does not produce a letter of appointment as an agent signed by that candidate: Provided that a presiding ofcer may refuse admission to any person claiming to be an agent for a candidate if such person does not produce a letter of appointment as agent signed by that candidate.

(3) No person shall be admitted to vote at any polling station other than that allotted to him under rule 20.

24.

(1) It shall be the duty of the presiding ofcer to keep order at his Keeping order at polling station.

polling station.

L.N.

171/2002.

(2) If any person misconducts himself in a polling station, or fails to obey the lawful instructions or orders of the presiding ofcer, he may immediately be removed, by order of the presiding ofcer, from the polling station by a police ofcer, and a person so removed shall not re-enter the polling station during the continuance of the poll without the permission of the presiding ofcer.

(3) Any person removed from a polling station under paragraph (2) 188 CAP.

265 Local Government [Rev.

2010 [Subsidiary] of this rule may, if charged with the commission of an offence in the polling station, be dealt with as a person taken into custody for an offence by a police ofcer without a warrant.

(4) The presiding ofcer may order the dispersal of any gathering of persons which appears to him to be preventing free ingress to, or egress from, the polling station, or to be intimidating or interfering with electors, and any such order shall be sufcient authority for a police ofcer or any other person authorized by the order to effect such dispersal.

(4A) An order under paragraph (4) may be made in relation to a gathering of persons at the polling station or within 400 metres of the center of the polling station.

(5) The powers conferred by this rule shall not be exercised so as to prevent an elector who is entitled to vote at the polling station from having an opportunity of peaceably voting thereat.

Postponement, etc., of polling.

25.

(1) Notwithstanding the terms of any notice under these Rules, aL.N.

179/2007.

presiding ofcer may, in his discretion, postpone or adjourn the proceedings at his polling station where they are interrupted, or are in his opinion likely to be interrupted, by riot, open violence, ood, natural catastrophe or other cause, but where he does so he shall start or restart the proceedings at the earliest practicable moment.

(2) The discretionary power of a presiding ofcer under paragraph (1) shall include a power, in the circumstances there mentioned, to transfer the proceedings to another polling station within the same electoral area, and where he does so (a) he shall advertise the fact in such manner as he thinks sufcient to bring it to the notice of electors; and (b) the polling area for the polling station from which the proceedings are transferred shall, for all the purposes of these Rules, be deemed to be part of the polling area for the polling station to which the proceedings are transferred.

(3) A presiding ofcer may extend the hours of polling at his polling station where polling has been interrupted or for other good cause, and shall, where polling in that polling station has started late, extend the hours of polling by the amount of time which was lost in so starting late.

Communication with electors at polling 26.

No person other than an election ofcer, or police ofcer, on duty station.

shall, except with the authority of the presiding ofcer, have any communications L.N.

171/2002.

whatsoever with an elector who is in, or in the immediate precincts of a polling station for the purpose of voting, and any person who contravenes this rule shall be guilty of an offence and liable to a ne of three thousand shillings: Provided that this rule shall not prevent the companion of a blind or incapacitated elector or a person assisting an elector under rule 30 from Rev.

2010] Local Government CAP.

265 189 [Subsidiary] communicating with that elector.

27.

(1) Immediately before the commencement of the poll, the presiding Sealing of ballot ofcer shall show the ballot box or ballot boxes to such persons as are lawfully boxes.

present in the polling station, and shall allow such of the candidates and their L.N.

179/2007.

agents as may wish to do so to ascertain that the box or boxes are empty, and shall thereupon close the box or boxes and afx the Electoral Commission seal thereon in such a manner that the box or boxes may not be opened without breaking the seal.

(2) After a ballot box is sealed under paragraph (1), the presiding ofcer shall cause it to be placed in the polling station ready for receipt of ballot papers where it shall, at all times, be in the view of the presiding ofcer or a deputy presiding ofcer and of the candidates and their agents.

(3) On any adjournment of the poll in a polling station to another day, or on the close of the poll at one station with a view to transferring a ballot box to another station, and at any other time when a ballot box is not in use for the purpose of receiving ballot papers, the presiding ofcer shall close up the aperture used for the insertion of ballot papers into the box and place his seal on it in such a manner as to prevent the insertion of ballot papers without breaking the seal.

(4) After a box has been sealed under paragraph (3) the seal shall not be broken or the aperture opened until broken or opened in the presence of those persons lawfully present in the polling station where polling is about to commence.

(5) Where a presiding ofcer afxes his seal on a ballot box or aperture thereof under this rule he shall permit any candidate or agent of a candidate who so wishes to afx his seal to such box or aperture.

27A.

(1) The persons validly nominated under rule 18 and whose names Ballot papers.

appear in the notice issued pursuant to rule 20 (3), and no others, shall have L.N.

171/2002.

their names inserted in the ballot papers for an election in the same order as they appear in the notice.

(2) Every ballot paper for use at an election shall (a) be in Form 7; (b) contain the names and party symbols of the persons entitled to have their names inserted therein; (c) be capable of being folded up; (d) have a number, or combination of letter and number, printed on the front; and (e) have attached a counterfoil with the same number or combination printed thereon.

190 CAP.

265 Local Government [Rev.

2010 [Subsidiary] Challenge of persons voting.

28.

(1) If, at the time a person applies for a ballot paper for the purpose of voting in person or thereafter before he has left the polling station, a candidate or the agent of a candidate declares to the presiding ofcer that he has reasonable cause to believe that the applicant has committed the offence of personation and undertakes in writing to substantiate the charge in a court, the presiding ofcer may order a police ofcer to arrest the applicant and to deal with him according to law, and such order shall be sufcient authority for the police ofcer so to do.

(2) A person against whom a declaration is made under this rule shall not, by reason only thereof, be prevented from voting.

General voting 29.

(1) Before the delivery of a ballot paper to an elector procedure.

L.

N.

171/2002, (a) the ballot paper shall be stamped with the ofcial mark of the L.N.

179/2007.

Electoral Commission; (b) the number and name of the elector, as stated in the register of electors, shall be called out; (c) the electoral number of the elector shall be marked on the counterfoil of the ballot paper; and (d) the name of the elector who has voted shall be struck through, in the register of electors, in ink in such a manner as to leave the name of the elector legible, but the electoral number of the elector shall be retained as proof that a ballot paper has been delivered.

(2) Upon receiving a ballot paper, an elector shall submit his electors card to be impressed with the seal of the Electoral Commission leaving a permanent impression on the card.

(3) After receiving a ballot paper an elector (a) shall cast his vote in accordance with rule 29A without undue delay; (b) shall submit to having a particular one of his ngers immersed or dipped in ink of a distinctive colour which, so far as is possible, sufciently indelible to leave a mark for the period of the election; and (c) shall then immediately leave the polling station.

(4) Any person who knowingly fails to place a ballot paper issued to him (not being a spoilt ballot paper) into a ballot box before leaving the place where such box is situated shall be guilty of an offence and liable to a ne of one thousand shillings.

(5) If the election is held together with elections under the National Rev.

2010] Local Government CAP.

265 191 [Subsidiary] Assembly and Presidential Elections Act, the elector shall, if he so requests, be supplied with a ballot paper under this rule at the same time as he is supplied with ballot papers under the National Assembly and Presidential Elections Act.

29A.

(1) An elector shall, upon receiving a ballot paper under rule Method of voting.

29 L.N.

171/2002.

(a) go immediately into one of the compartments of the polling station and there secretly mark his ballot paper by putting a cross, tick or any other mark in the box and column provided for that purpose against the name and party symbol of the candidate for whom he wishes to vote; and (b) fold his ballot paper up so as to conceal his vote, and shall put the ballot paper into the ballot box in the presence of the presiding ofcer and in full view of the agents.

(2) No person other than a person acting under rule 30 shall be present in a compartment of a polling station while an elector is therein for the purpose of marking his ballot paper, and any person who contravenes this paragraph shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings.

30.

(1) On the application of an elector who declares that he is unable to Assisted electors.

read or write, or who is incapacitated by reason of blindness or other physical L.N.

209/1974, cause from voting in the manner prescribed in these Rules, the presiding L.N.

171/2002, ofcer shall permit the elector to be assisted by a person of the electors own L.N.

179/2007.

free choice.

(2) No person other than the person chosen by the elector shall enter the compartment while the elector is casting his vote.

(3) The person chosen by the elector is not required to be qualied to vote but is required to have reached the age of majority.

(4) The following shall apply with respect to a person who assists an elector under this rule (a) the person shall, before assisting the elector, make an oath of secrecy before the presiding ofcer in the form specied by the Electoral Commission; (b) the person shall assist only one elector at that election; (c) if the person makes an oath of secrecy for the purpose of assisting an elector under the National Assembly and Presidential Elections Act, the person shall be deemed to have made an oath of secrecy under subparagraph (a); and (d) if the person breaches his oath he shall be guilty of an offence.

192 CAP.

265 Local Government [Rev.

2010 [Subsidiary] (5) The presiding ofcer may make such inquiries as he may deem necessary in order to establish that the elector and his chosen assistant satisfy the provisions of this rule.

(6) Where a presiding ofcer grants the request of an elector under this rule, the presiding ofcer shall record in the register of electors against the name of the elector, the fact that elector was assisted and the reason for the assistance.

Spoilt ballot papers.

31.

An elector who has inadvertently dealt with a ballot paper in such a manner that it cannot conveniently be used as a ballot paper may, on delivering it to the presiding ofcer and proving to the satisfaction of such ofcer the fact of the inadvertence, obtain another ballot paper in the place of the paper so delivered, and the spoilt ballot paper shall be immediately cancelled and the counterfoil marked accordingly.

Evidence of identity 32.

(1) A presiding ofcer shall require a person applying for a ballot and record of certain paper to produce his identity card issued under the Registration of Persons votes.

Act or a valid Kenya passport and the electors card issued by the Electoral L.N.

171/2002, Commission; L.N.

179/2007, Cap.

179.

Hours of poll.

33.

Unless the Electoral Commission otherwise directs, the poll at any L.N.

171/2002, election shall commence and end at the time specied in the notice published L.N.

179/2007.

under Rule 20: Provided that a person who, at the close of the poll, is present in the polling station for the purpose of voting shall be entitled to cast his vote, and any reference in these Rules to the close of the poll shall be construed, where applicable, as a reference to the time when the last such person has cast his vote and left the polling station.

Procedure on close 34.

(1) Immediately after the close of the poll at his polling station, the of poll.

presiding ofcer shall, in the presence of such candidates or their agents as are L.N.

171/2002, then present L.N.

179/2007.

(a) seal each of the ballot boxes in use at the polling station, with his own seal and the seal of the Electoral Commission, in such a manner as to prevent the introduction of any matter into the boxes before the votes are counted; and (b) allow any candidate or agent who may so desire to also afx his seal to the ballot boxes.

(2) Immediately after complying with paragraph (1), the presiding ofcer shall make a written statement of (a) the number of ballot papers issued to him under paragraph (1) of rule 22; Rev.

2010] Local Government CAP.

265 193 (b) the number of ballot paper, other than spoilt ballot papers, [Subsidiary] issued; (c) the number of spoilt ballot papers; (d) the number of ballot papers remaining unused.

(3) Immediately after preparing the statement under paragraph (2), the presiding ofcer shall, in the presence of such candidates or their agents as are then present (a) make up into separate packets (i) the spoilt ballot papers, if any; (ii) the marked register of electors; (iii) the counterfoils of the used ballot papers; (iv) the statement under paragraph (2) and any statement recorded under paragraph (2) or rule 32; and (b) seal each packet with his own seal and with the seal of the Electoral Commission and allow such candidate or agent who may so desire to afx his seal to any such packet.

35.

(1) Immediately after complying with the provisions of rule 34, the Procedure on close presiding ofcer shall, in the presence of the candidates or their counting agents, of poll.

proceed to count the votes for that polling station.

L.N.

171/2002, L.N.

179/2007.

(2) No agent of a candidate shall be deemed to be a counting agent unless, at least thirty-six hours before the close of the poll in the election concerned, the name and address of such agent and his appointment by the candidate as a counting agent has been transmitted to the presiding ofcer, and a presiding ofcer shall not allow any person whose name, address and appointment has not been so transmitted to attend at a counting of votes as a counting agent notwithstanding that the appointment as such is otherwise in order.

(3) (Deleted by L.N.

171/2002.).

(4) Notwithstanding the foregoing provisions of this rule, a presiding ofcer shall not be obliged to admit more than two counting agents of any one candidate to the counting of votes.

(5) The Electoral Commission shall permit accredited representatives of the media and accredited observers to attend the proceeding at the counting of votes.

(6) If a vehicle or vessel is appointed for a polling station and weather conditions exist, immediately after the presiding ofcer complies with the provisions of rule 34, that may interfere with the counting of votes, the presiding ofcer may allow the vehicle or vessel to be moved to a place where the votes 194 CAP.

265 Local Government [Rev.

2010 [Subsidiary] can be counted.

Procedure for counting of votes.

35A.

(1) In the pursuance of the provisions of rule 35, the presiding ofcer L.N.

171/2002.

shall, in the presence of the candidates or their agents as shall be present (a) open each ballot box and empty its contents onto the counting table or any other facility provided for the purpose and, with the assistance of polling clerks, proceed to count the votes polled by each candidate; and (b) record the total number of votes cast in favour of each candidate.

(2) Each ballot paper shall be counted as follows (a) the presiding ofcer shall in respect of every ballot paper, announce the candidate in whose favour the vote was cast; (b) the presiding ofcer shall display to the candidates or their agents the ballot paper sufciently for them to ascertain the vote; and (c) the presiding ofcer shall put the ballot paper at the place on the counting table, or other facility provided for that purpose, set for the candidate in whose favour it was cast.

(3) A candidate or his agent shall have a right to (a) dispute the inclusion in the count of a ballot paper; or (b) object to the rejection of a ballot paper.

(4) The presiding ofcer and the candidates or their agents shall then sign the declaration in Form 8 which shall state (a) the name of the polling station; (b) the total number of registered electors for the polling station; (c) the total number of valid votes cast; (d) the number of valid votes cast in favour of each candidate; (e) the number of votes that were rejected; and (f) the number of disputed votes (5) The presiding ofcer shall (a) immediately announce the results of the voting at that polling station before communicating them to the returning ofcer; (b) request each of the candidates and in the absence of a candidate, Rev.

2010] Local Government CAP.

265 195 [Subsidiary] such of his agents then present, to append his signature or write down reasons for the refusal to sign the declaration of the results of the count of the votes at the polling station; (c) provide each candidate or agent with a copy of the declaration of the results; and (d) afx a copy of the declaration of the results at the public entrance to the polling station or at any other place convenient and accessible to the public at the polling station.

(6) Where a candidate or his agent refuses or fails to sign the declaration form, the candidate or agent shall record the reasons for the refusal or failure to sign.

(7) Where a candidate or his agent refuses or fails to record the reasons for the refusal or failure to sign the declaration form the presiding ofcer shall record the fact of their refusal or failure to sign the form.

(8) Where a candidate or his agent is absent, the presiding ofcer shall record the fact of their absence.

(9) The refusal or failure of a candidate or agent to sign a declaration form under paragraph (4) or to record the reasons for their refusal to sign as required under paragraph (6) shall not by itself invalidate the results announced under paragraph (5).

(10) The absence of a candidate or an agent at the signing of a declaration form or the announcement of results shall not by itself invalidate the results announced.

Count of votes.

36.

(1) At the counting of votes at an election, any ballot paper L.N.

171/2002.

(a) which does not bear the ofcial mark; or (b) on which votes are given for more than the number of candidates than there are councillors to be elected; or (c) on which anything is written or marked, other than the printed number on the front, by which an elector casting the vote can be identied; or (d) which is unmarked or which is so marked as to be uncertain for whom the vote has been cast, shall subject to paragraph (2), be void and shall not be counted.

(2) A ballot paper on which the vote is marked (a) elsewhere than in the proper place; (b) (Deleted by L.N.

171/2002.).

196 CAP.

265 Local Government [Rev.

2010 [Subsidiary] (c) by more than one mark; shall not by reason only thereof be void if the intention that the vote shall be for one or other of the candidates clearly appears, and the manner in which the paper is marked does not of itself identify the elector and it is not shown that the elector can be identied thereby.

(3) (Deleted by L.N.

171/2002.).

(4) A presiding ofcer shall, so far as practicable, proceed continuously with the counting of votes.

(5) A presiding ofcer shall not commence to count votes unless he is of opinion that he can conveniently complete the count, and any recount if such appears to him to be likely, without a break, but having commenced the count he may, if he considers it desirable and after consultation with such of the candidates or their counting agents as are present, exclude the hours between seven oclock in the evening and nine oclock in the following morning, or any of the said hours.

(6) During any time excluded under paragraph (3), the presiding ofcer shall place the ballot papers and other documents relating to the election under the seal of the Electoral Commission and the seals of such of the candidates and their counting agents as may desire to afx their seals, and shall otherwise take all due and proper precautions for the security of such papers and documents.

Recount.

37.

(1) A candidate or counting agent, if lawfully present when the counting or recounting of votes is completed, may require the presiding ofcer to have the votes rechecked and recounted, or the presiding ofcer may on his own initiative, have the votes recounted: Provided that the votes shall not be recounted more than twice.

(2) No steps shall be taken on the completion of a count or recount of votes until the candidates and counting agents present at such completion have been given a reasonable opportunity to exercise the rights given by this rule.

Rejected ballot 38.(1) Every rejected ballot paper shall be marked with the word papers.

rejected by the presiding ofcer, and, if objection is made by a candidate L.N.

171/2002.

or counting agent to the rejection, the presiding ofcer shall add the words rejection objected to.

(1A) The presiding ofcer shall mark every ballot paper which he counted but whose validity has been disputed or questioned by a candidate or an agent with the word disputed but such ballot paper shall be treated as valid for the purpose of the declaration of the election results at the polling station.

(2) After the counting of votes is nally concluded, the presiding ofcer shall draw up a statement showing the number of rejected ballot papers under such of the following heads of rejection as may be applicable Rev.

2010] Local Government CAP.

265 197 [Subsidiary] (a) want of ofcial mark; (b) voting for more than the number of candidates to be elected; (c) (Deleted by L.N.

95/1982.); (d) writing or mark by which the elector might be identied; (e) unmarked or void for uncertainty, and any candidate or counting agent shall, if he so desires, be allowed to copy such statement.

39.

Upon the completion of the count (including any recount), the Sealing of ballot presiding ofcer shall seal in separate packets papers.

L.N.

171/2002, (a) the counted ballot papers which are not disputed; L.N.

179/2007.

(b) the rejected ballot papers together with the statement relating thereto; and (c) the disputed ballot papers.

(d) rejection objected to ballot papers.

(2) The presiding ofcer shall allow such candidate or agent who is then present to afx his seal to any packet under paragraph (1).

(3) The presiding ofcer shall put the three packets and the declaration under rule 35A in the used ballot box after rst demonstrating to the candidates or their counting agents present that it is empty, then seal the ballot box with the seal of the Electoral Commission and let the candidates or their counting agents present or any of them afx their own seals to the ballot box if they so wish.

(4) The presiding ofcer shall as soon as is practicable deliver to the returning ofcer for the electoral area the ballot box containing the items required under paragraph (3).

39A.

(1) Immediately after the results of the poll for all polling stations Announcement of in an electoral area have been received by the returning ofcer, he shall, in the election results.

presence of the candidates or their agents present L.N.

171/2002, L.N.

179/2007.

(a) tally the results from the polling stations for each candidate without recounting the ballots that were not in dispute; (b) examine the ballot papers marked rejection objected to and disputed and conrm or vary the decisions of the presiding ofcers with regard to the validity of these ballot papers; (c) publicly announce to the persons present the total number of valid votes cast for each: 198 CAP.

265 Local Government [Rev.

2010 [Subsidiary] Provided where the valid votes for a polling station exceed the number of registered electors in that polling station, the returning ofcer shall disregard the results of that count in that polling station in the announcement of election results and shall make a statement to that effect; (d) publicly declare to the persons present the candidate who has won the election for the electoral area; (e) complete, sign and date Form 9 in which he shall declare (i) the name of the electoral area; (ii) the total number of registered electors; (iii) the number of valid votes cast for each candidate in each polling station; (iv) the number of rejected votes in each polling station; (v) the aggregate number of valid votes cast in the electoral area; and (vi) the aggregate number of rejected votes; and (f) give a copy of Form 9 to any candidate or candidates agent present.

(2) After complying with paragraph (1), the returning ofcer shall deliver to the Electoral Commission the original of Form 9 together with any statement made under paragraph (1) and the declarations under rule 35A.

(3) The decisions of the returning ofcer on the validity or otherwise of a ballot paper or a vote under this rule shall be nal unless challenged in an application to court.

(4) The returning ofcer shall publish a notice of the results of the election in the manner and form approved by the Electoral Commission and shall send a copy of the notice to the Electoral Commission and to the clerk of the local authority concerned.

Tied elections.

39B.

(1) Where an election results in a tie for any seat or seats, a fresh L.N.

171/2002.

election shall be held in respect of the seat or seats in accordance with a new notice under rule 12 and the provisions of these Rules shall apply accordingly.

(2) Only the candidates who tied may be candidates at a fresh election under paragraph (1).

Petition to Electoral 39C.

Where a dispute arises over the counting or tally of the votes, a Commission about candidate may within twenty-four hours petition the Electoral Commission count.

which shall have the power to order and supervise a count or tally as is Rev.

2010] Local Government CAP.

265 199 appropriate provided that the decision of the Electoral Commission shall be [Subsidiary] made within forty-eight hours of such a petition.

L.N.

171/2002.

40.

(1) All documents relating to an election shall be retained in safe Retention and custody by the returning ofcer for a period of six months after the results of public inspection of such election have been declared and shall then, unless the Electoral Commission documents.

or the High Court otherwise directs, be destroyed.

L.N.

171/2002, L.N.

179/2007.

(2) Any person may apply to the resident magistrates court, with notice to all the candidates in the election concerned for authority to inspect documents retained under these rules, other than ballot papers and their counterfoils.

(3) For the purpose of any inspection under paragraph (2), the returning ofcer shall unseal the documents concerned in the presence of the persons mentioned as parties in the court order obtained under paragraph (2) if present, and the parties shall keep the documents under their scrutiny until they are resealed by the returning ofcer, in the presence of the witness, after the inspection is completed.

(4) A returning ofcer shall, on request, supply copies of, or extracts from any document open to public inspection under this rule on payment of such fees as may be sanctioned by the Treasury and subject to such conditions as the Electoral Commission may approve.

(5) The following shall apply if the results of an election are challenged in court (a) no documents relating to the election shall be destroyed under this rule; and (b) no document relating to the election shall be made available for inspection by members of the public under this rule except as authorized by a court order.

41.

The Electoral Commission may make special provisions for the voting Voting of patients, of patients in hospitals, persons admitted in sanatoria or homes for the aged pastrolists, etc.

and similar institutions, persons who lead nomadic life on account of vagaries L.N.

171/2002.

of climate, physically disabled persons and expectant mothers.

part vIIMISCellaNeOuS 42.

(1) The Electoral Commission may, at any election, accredit any Accreditation of individual, association, organization or institution who or which is manifestly election observers.

non-partisan to act as an election observer.

L.N.

171/2002, L.N.

179/2007.

(2) The Electoral Commission shall issue guidelines for election observers, consistent with internationally accepted standards for fair elections, which shall be binding on election observers upon accreditation to the Electoral Commission.

(3) Without prejudice to the generality of paragraph (2), the guidelines issued thereunder may specify the procedures for the accreditation of election 200 CAP.

265 Local Government [Rev.

2010 [Subsidiary] observers.

(4) The Electoral Commission may revoke the accreditation it has granted to an election observer where it is satised that the election observer is partisan.

(5) No person, association, organization or institution shall observe any election unless the person, association, organization or institution has been accredited by the Electoral Commission.

(6) All the accredited election observers shall submit to the Electoral Commission a written report of their individual or group observations not later than six months after the date of the announcement of the election results in respect of the election observed.

(7) The Electoral Commission may at any election, accredit the media or representatives of the media to access and cover the electoral process.

(8) The Electoral Commission shall issue guidelines consistent with internationally accepted standards for free and fair elections which guidelines shall be binding on media representatives.

Attendance of agents.

43.

Where in these Rules expressions are used requiring, authorizing, or L.N.

171/2002.

implying that any act or thing is to be done in the presence of the candidates or their polling or counting agents, those expressions shall be regarded as reference to the presence of such candidates or agents as may be authorized to attend and have in fact attended at the time and place where the act or thing is being done and the mere non-attendance of any candidate or agent at that time and place shall not, if any act or thing is otherwise lawfully done, invalidate that act or thing.

Breach of duty.

44.

An ofcer, clerk or other person who, having a duty to perform L.N.

179/2007.

under these Rules, without reasonable cause, breaches such duty by any act or omission, shall be guilty of an offence and liable to the penalty specied under section 4 of the Election Offences Act.

Rev.

2010] Local Government CAP.

265 201 [Subsidiary] ScheDULe (r.2) OrM 1 (r.

12 (3)) L.N.

179/2007.

F NOtICe OF eleCtION An election is to be held to determine the councillors to serve in the .Council of .in respect of the following vacant seats in the undermentioned electoral areas: Electoral Area Number of Vacant Seats The election will be held on the.

., 20 Nomination papers for the election may be delivered by candidates to the returning ofcer at.

between the hours of eight oclock in the morning and one oclock in the afternoon and between the hours of two oclock and four oclock in the afternoon.

, 20 Forms of nomination for the election may be obtained at.

on any day between the hours of eight oclock in the morning and one oclock in the afternoon and between the hours of two oclock and four oclock in the afternoon.

The returning ofcer will prepare a nomination paper for signature at the request of an elector.

If the election is contested the poll will take place on.

.

., 20 Dated the.

, 20.

Returning Ofcer FOrM 2 NOMINatION paper Election for the.

Electoral Area.

We, the undersigned, being registered electors for the electoral area and members of the.

(political party) nominate the 202 CAP.

265 Local Government [Rev.

2010 [Subsidiary] undermentioned person as a candidate at the election Candidates Name in Full Place of Occupation Residence or Designation Signatures Electoral Numbers Proposer.

.

Seconder.

.

We, the undersigned, being registered as electors for the electoral area and members of.

Political Party, support the foregoing nomination.

1.

.

2.

.

3.

.

4.

.

5.

.

6.

.

7.

.

NOteS 1.

The attention of candidates and persons subscribing to this paper is drawn to the provisions of Part V of the Local Government Elections Rules.

2.

No person may subscribe to more than one nomination paper for the election.

Rev.

2010] Local Government CAP.

265 203 [Subsidiary] FOrM 3 (r.

15 (2)) StatutOry deClaratION FOr purpOSeS OF NOMINatION at a eleCtION I*,.

.of.

, do solemnly and sincerely declare as follows: 1.

I do hereby consent to my nomination as a candidate at an election to be held in the Electoral Area.

2.

I am duly qualied and am not disqualied by law for election as a councillor of a local authority.

3.

I am qualied under, and have complied with, the provisions of the constitutions/rules of the.

political party relating to members wishing to stand as candidates at elections.

4.

I have, prior to this declaration, paid the sum of one thousand shillings in respect of this nomination.

And I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.

Declared at.

.

this.

day Signature of Declarant of , 20 Before me, A Magistrate/Commissioner for Oaths The declarants names must be written in the order in which he wishes them to appear on the nomination statement and the surname must be underlined.

_ FOrM 4 (r.

20 (3)) StateMeNtS OF perSONS NOMINated The following persons have been and now stand nominated for the election for the.

Electoral Area.

204 CAP.

265 Local Government [Rev.

2010 [Subsidiary] 1.

Name of candidate.

Address.

Occupation and description.

Names of subscribers to nomination paper.

2.

Name of candidate.

Address.

Occupation or Description.

Names of subscribers to nomination paper.

.

The electors belonging to the polling areas specied in the rst column hereunder may vote only at the polling stations specied in the second and third columns hereunder, and the days and hours for polling at those polling stations shall be those specied in the fourth column hereunder: Polling Areas Polling Stations Days and Distinguishing Numbers of Hours of Polling Stations Polling Dated this day of , 20 Returning Ofcer Rev.

2010] Local Government CAP.

265 205 [Subsidiary] FOrM 5 (r.

50 (1)) Deleted by L.N.

101/1998.

_ FOrM 6 (r.

20 (1) (b)) CertIFICate that NuMber OF perSONS NOMINated FOr eleCCtION dOeS NOt eXCeed the NuMber OF vaCaNCIeS I, , the returning ofcer for the .Electoral Area, certify that (a) no person/the following person(s) has/have been duly nominated as a candidate/candidates for the election for the above electoral area; (b) the number of duly nominated candidates does not exceed the number of councillors to be elected; (c) the following person(s) is/are therefore elected as councillor(s) for the Council.

Electoral Registration Name Place of Occupation Date of Area Unit No.

of Candidate Residence Nomination Dated the.

.

Returning Ofcer _ 206 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FOrM 7 (r.

27a (2) (a)) ballOt paper eleCtION tO the.

COuNCIl IN the.

eleCtOral area Candidates Name Party Symbol Electors Counterfoil Mark No.

.

Electoral Area.

Electors Serial No.

on Electoral Roll.

.

INStruCtIONS tO eleCtOr 1.

Mark the paper by placing a mark against the name of the candidate and party you wish to be elected.

2.

Do NOT place a mark against the name of more than.

candidate(s).

3.

Make no other mark whatsoever on the paper.

4.

Fold the paper through the centre, from right to left, so as to conceal your vote.

_ FOrM 8 (r.

35a(4)) deClaratION OF eleCtION reSultS at.

pOllING StatION .eleCtOral area 1.

Total number of registered voters: Rev.

2010] Local Government CAP.

265 207 [Subsidiary] 2.

Total number of valid votes cast: 3.

Number of votes that were rejected: 4.

Number of disputed votes.

5.

Number of valid votes cast in favor of each candidate: Name of candidate Number of valid votes cast (a) (b) (c) (d) (e) (f) (g) (i) (j) (k) (l) (m) 6.

Declaration We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are a true and accurate count of the ballots in.

polling station,.

electoral area.

Presiding ofcer: Name: Signature: Candidates or candidates agents Name Signature Reasons for refusal to sign 7.

Presiding ofcers statutory comments: 208 CAP.

265 Local Government [Rev.

2010 [Subsidiary] dS ) I te e al (1)( v NO a .39 Sr tede Ce OIC Jv re St te SOavC area .tyarp .eMaN ral .tyarp Ot .eMaN C ele.

.etyMaarNp a.

.etyMaarNp yN ke .tyarp OF .eMaN.

.

.etyMaarNp t .tyarp aS .eMaN COMMISSIONt ul .tyarp S ral re .eMaN OtC ION.

.etyMaarNp ele tC ele .tyarp OF .eMaN ION ING t ll Op ION lara t OF aCteS de MaN al tOt INGION ll t NO Oat9 pS MrOF Rev.

2010] Local Government CAP.

265 209 [Subsidiary] S IN S te O rd te vO da dwI al v ea Ar ol TURE S INS te SIGNA O ure vdI FIG TURES al TS v.

SUL SIGNAO N re dIeTaGt re N GG eaGa / te te da da IIddNNaaCC the OF eM Returning Ofcer a oters:.

NV NAME ed centage:.

.

Electr TY AR P of Registerurnout Per T NO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

NO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

.

oter NumberV Dated the.

Electoral Commission.

Chairman.

Secretary 210 CAP.

265 Local Government [Rev.

2010 [Subsidiary] Rules under section 151 These Rules are not reproduced, being of local application only.

They are: L.N.

96/1976.

The Local Government (County Council of Kili) (Gratuity) Rules, 1976.

L.N.

130/1976.

The Local Government (County Council of Meru) (Gratuity) Rules, 1976.

L.N.

135/1976.

The Local Government (County Council of Kitui) (Gratuity) Rules, 1976.

L.N.

136/1976.

The Local Government (County Council of Embu) (Gratuity) Rules, 1976.

L.N.

139/1976.

The Local Government (County Council of Taita/Taveta) (Gratuity) Rules, 1976.

L.N.

144/1976.

The Local Government (County Council of Narok) (Gratuity) Rules, 1976.

L.N.

145/1976.

The Local Government (Town Council of Nanyuki) (Gratuity) Rules, 1976.

L.N.

146/1976.

The Local Government (Municipal Council of Thika) (Gratuity) Rules, 1976.

L.N.

156/1976.

The Local Government (County Council of Keiyo/Marakwet) (Gratuity) Rules, 1976.

L.N.

157/1976.

The Local Government (Municipal Council of Eldoret) (Gratuity) Rules, 1976.

L.N.

193/1976.

The Local Government (Municipal Council of Busia) (Gratuity) Rules, 1976.

L.N.

194/1976.

The Local Government (County Council of Kirinyaga) (Gratuity) Rules, 1976.

L.N.

195/1976.

The Municipal Council of Meru (Provident Fund) Rules, 1976.

L.N.

196/1976.

The Local Government (County Council of Kakamega) (Gratuity) Rules, 1976.

L.N.

204/1976.

The Local Government (County Council of Mandera) (Gratuity) Rules, 1976.

Rev.

2010] Local Government CAP.

265 211 [Subsidiary] The Local Government (County Council of Samburu) (Gratuity) L.N.

205/1976.

Rules, 1976.

The Local Government (Town Council of Karatina) (Gratuity) L.N.

206/1976.

Rules, 1976.

The Local Government (County Council of Masaku) (Gratuity) L.N.

213/1976.

Rules, 1976.

The Local Government (County Council of Kericho) (Gratuity) L.N.

231/1976.

Rules, 1976.

The Local Government (County Council of Olkejuado) (Gratuity) L.N.

246/1976.

Rules, 1976.

The Local Government (County Council of Muranga) (Gratuity) L.N.

261/1976.

Rules, 1976.

The Local Government (County Council of Kipsigis) (Gratuity) L.N.

69/1977.

Rules, 1977.

The Town Council of Kiambu (Provident Fund) L.N.

36/1977.

Rules, 1977.

The Local Government (County Council of Siaya) (Gratuity) L.N.

85/1977.

Rules, 1977.

The Local Government (County Council of Gusii) (Gratuity) L.N.

136/1977.

Rules, 1977.

The Local Government (Municipal Council of Nyeri) (Gratuity) L.N.

188/1977.

Rules, 1977.

The Local Government (County Council of Bungoma) (Gratuity) L.N.

214/1977.

Rules, 1977.

The Local Government (County Council of Kiambu) (Gratuity) L.N.

288 of 1977.

Rules, 1977.

The Local Government (Town Council of Nyahururu) (Gratuity) L.N.

290/1977.

Rules, 1977.

The Local Government (County Council of Kwale) (Gratuity) L.N.

99/1978.

Rules, 1978.

The Local Government (County Council of Meru) (Gratuity) L.N.

22/1978.

Rules, 1978.

The Local Government (County Council of Nzoia) (Gratuity) L.N.

112/1978 Rules, 1978.

.

212 CAP.

265 Local Government [Rev.

2010 [Subsidiary] The Local Government (Municipal Council of Kakamega) (Gratuity) L.N.

113/1978.

Rules, 1978.

L.N.

131/1978.

The Local Government (Town Council of Muranga) (Gratuity) Rules, 1978.

L.N.

141/1978.

The Local Government (County Council of Nandi) (Gratuity) Rules, 1978.

L.N.

236/1978.

The Local Government (County Council of Wareng) (Gratuity) Rules, 1978.

L.N.

125/1979.

The Local Government (Town Council of Bungoma) (Gratuity) Rules, 1979.

L.N.

167/1979.

The Local Government (Municipal Council of Nakuru) (Gratuity) Rules, 1979.

L.N.

274/1979.

The Local Government (Town Council of Machakos) (Gratuity) Rules, 1979.

L.N.

12/1980.

The Local Government (County Council of Baringo) (Gratuity) Rules, 1980.

L.N.

15/1980.

The Local Government (Municipal Council of Embu) (Gratuity) Rules, 1980.

L.N.

77/1981.

The Local Government (County Council of Isiolo) (Gratuity) Rules, 1981.

L.N.

174/1981.

The Local Government (County Council of Nyandarua) (Gratuity) Rules, 1981.

L.N.

100/1982.

The Local Government (County Council of Marsabit) (Gratuity) Rules, 1982.

L.N.

35/1983.

The Local Government (County Council of Pokot) (Gratuity) Rules, 1983.

L.N.

88/1983.

The Local Government (County Council of Kisumu) (Gratuity) Rules, 1983.

L.N.

99/1984.

The Local Government (County Council of Nyeri) (Gratuity) Rules, 1984.

By-laws under sections 145, 147, 154, 155, 160, 161, 163, 168, 176, 199 and 201 are not reproduced, being of local application only.

Rev.

2010] Local Government CAP.

265 213 [Subsidiary] Orders under section 210 These Orders are not reproduced, since they contain model By-laws only.

Orders under section 252 These Orders are not reproduced, being of temporary effect only.

214 CAP.

265 Local Government [Rev.

2010 [Subsidiary] L.N.

200/1963.

KenYa (LocaL GovernmenT) (PenSIonS) reGULaTIonS, 1963 1.

These Regulations may be cited as the Kenya (Local Government) (Pensions) Regulations, 1963, and shall come into operation on 1st April, 1963.

2.

In these Regulations G.N.

99/1950.

the Fund means the Fund established by the Nairobi Municipality (Superannuation Fund) Rules, 1950, as amended; adjusted in respect of debts owing to or from that Fund immediately before the commencement of these Regulations; the new fund means the property representing the balance of the Fund after deducting from the Fund (a) such proportion of the Fund as is attributable to the contributors or pensioners who do not, in accordance with the Scheme, opt to receive their pensions or benets due after 1st April, 1963, from a pensions fund to be administered by the Public Trustee; and (b) such amount as the Commissioner of Income Tax and the City Council of Nairobi agree to be the amount of income tax which should be paid for the year 1963 as a result of the transfer of property hereinafter provided for (which amount shall be paid to the income tax authorities); the Public Trustee means the Public Trustee of England and Wales; the Scheme means the Scheme for the Protection of Local Government Ofcers issued by the Ministry of Local Government.

3.

The Minister shall, as soon as practicable after the commencement of these Regulations, by deed appoint the Public Trustee to be trustee of the new fund as from 1st April, 1963, and the appointment shall be irrevocable.

4.

As soon as he has made the appointment provided for in regulation 3 of these Regulations, the Minister shall, in writing, direct the City Council of Nairobi and all other necessary persons to transfer the investments, money and other assets comprising the new fund to the Public Trustee, and thereupon the City Council of Nairobi and all other persons so directed shall forthwith execute or direct to be executed such deeds, transfers and other documents, and do such other acts and things, as are necessary or requisite for vesting those investments.

5.

Every local authority employing a person who is a selected ofcer for the purposes of the Scheme shall transmit monthly to the Public Trustee all sums of money required by rules made under regulation 7 of these Regulations to be paid into the new fund and shall disclose to the Public Trustee such information Rev.

2010] Local Government CAP.

265 215 [Subsidiary] regarding a member of the Scheme as he shall require.

6.

The Public Trustee shall hold the new fund and the property for the time being representing the same, and all sums of money transmitted to him under regulation 5 of these Regulations, upon the trusts and with the powers contained in rules made under regulation 7 of these Regulations.

7.

The Minister shall make rules (a) prescribing the trusts, for the benet of members of the new fund, and the powers upon and with which the Public Trustee shall hold the new fund and all sums transmitted to him as aforesaid; (b) providing for the contribution by local authorities and ofcers towards, and grant of pensions and other benets to persons interested in the new fund, and such rules shall be construed according to and be governed in all respects by the law of England and shall prevail over the Nairobi Municipality (Superannuation Fund) Rules, 1950 (as amended), and any rules made under regulation 8 of these Regulations.

8.

The Minister shall make rules providing for the establishment, maintenance and management as from the commencement of these Regulations of a pension fund, to be called the Kenya Local Government Ofcers Superannuation Fund, and for contribution thereto by local authorities and their employees, and such rules shall be construed according to and be governed in all respects by the law of Kenya.

216 CAP.

265 Local Government [Rev.

2010 [Subsidiary] LocaL GovernmenT (eLecToraL areaS) L.N.

122/2006, orDer, 2006 L.N.

13/2007, L.N.

14/2007, 1.

This Order may be cited as the Local Government (Electoral Areas) L.N.

16/2007, Order, 2006.

L.N.

17/2007, L.N.

24/2007, 2.

The Local Authorities specied in the rst column of the First Schedule L.N.

29/2007, hereto shall be divided into the electoral areas whose names and descriptions L.N.

49/2007.

appear respectively in the second and third columns of the Schedule.

3.

The boundaries of each electoral area will be delineated in a map which shall be signed and deposited at the ofces of the Electoral Commission of Kenya, Nairobi and a copy of which may be inspected at the ofces of the respective District Elections Co-ordinator of each administrative district.

4.

The Local Government Orders specied in the Second Schedule to this Order shall be revoked upon the dissolution of local authorities for purposes of the next general elections whereupon this Order shall come into effect Rev.

2010] Local Government CAP.

265 217 [Subsidiary] L.N.

13/2007, FIrST ScheDULe L.N.

14/2007, L.N.

17/2007, FIrSt COluMN SeCONd COluMN thIrd COluMN L.N.

24/2007, L.N.

29/2007, Local authority Name of the Electoral Description of the Electoral Area L.N.

40/2007.

Area (1) THE CITY OF NAIROBI SOUTH Comprises Nairobi South location, of NAIROBI Makadara Division.

VIWANDANI Comprises Viwandani sub-location of Viwandani location, Makadara division.

LANDI MAWE Comprises Landi Mawe sub-location of Viwandani Location, Makadara Division.

MAKONGENI Comprises Makongeni Location of Makadara Division.

Comprises Ofafa Sub-Location of Maringo OFAFA Location of Makadara Division.

MBOTELA Comprises Mbotela Sub-Location of Maringo Location of Makadara Division.

HAMZA/LUMUMBA Comprises Hamza and Lumumba Sub- Locations of Makadara Location of Makadara Division.

HARAMBEE Comprises Harambee Sub-Location of Makadara Location of Makadara Division.

MUTHURWA/ Comprises Kamukunji Location of Pumwani SHAURI MOYO Division.

Comprises Pumwani Location of Pumwani PUMWANI Division.

Comprises Eastleigh North sub-location of EASTLEIGH NORTH Eastleigh North Location of Pumwani Division.

AIRBASE Comprises Airbase sub-location of Eastleigh North location of Pumwani Division.

EASTLEIGH SOUTH Comprises Eastleigh South Location of Pumwani Division.

KIMATHI Comprises Kimathi Sub-Location of Bahati Location of Pumwani Division.

218 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area UHURU Comprises Uhuru Sub-Location of Bahati Location of Pumwani Division.

NGARA WEST Comprises Ngara West sub-location of Ngara location, Central Division.

KARIOKOR Comprises Kariokor Location of Central Division.

CENTRAL Comprises Starehe Location of Central Division.

MATHARE Comprises Mathare sub-location of Mathare location, Central Division.

HURUMA Comprises Huruma sub-location of Huruma location, Central Division.

KIAMAIKO Comprises Kiamaiko sub-location of Huruma location of Central division.

KAREN Comprises Karen Location of Kibera Division.

MUGUMOINI Comprises Mugumoini Location of Kibera Division.

NAIROBI WEST Comprises Nairobi West Location of Kibera Division.

MAKINA Comprises Makina sub-location of Kibera Location of Kibera Division.

LINDI Comprises Lindi sub-location of Kibera Location of Kibera Division.

SARA NGOMBE Comprises Sara Ngombe Location of Kibera Division.

LAINI SHABAA Comprises Laini Shabaa Location of Kibera Division.

KENYATTA GOLF Comprises Kenyatta Hospital and Golf COURSE Course sub-locations of Kenyatta Golf Course Location, Dagoretti Division.

Rev.

2010] Local Government CAP.

265 219 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area EMBAKASI Comprises Embakasi sub-location of Embakasi Location of Embakasi Division.

IMARA DAIMA Comprises Imara Daima sub-location of Mukuru location, Embakasi Division.

KWA NJENGA Comprises Kwa Njenga sub-location of Mukuru location, Embakasi Division.

UMOJA 1 Comprises that part of Umoja sub-location which is to the West of the powerline.

UMOJA 2 Comprises that part of Umoja sub-location which is to the East of the powerline.

SAVANNAH Comprises Savannah Sub-Location of Umoja Location, Embakasi Division KOMAROCK Comprises Komarock Sub-Location of Kayole Location of Embakasi Division.

KAYOLE NORTH Comprises that part of Kayole sub-location, (to the North of Tushauriane Road) Kayole location, Embakasi Division.

KAYOLE SOUTH Comprises that part of Kayole sub-location, (to the South of Tushauriane Road) Kayole Location, Embakasi Division.

DANDORA AREA Comprises Dandora Phase I of Dandora ONE A sub-location of Dandora location, Embakasi division.

DANDORA Comprises Dandora Phase II of Dandora AREA TWO A sub-location of Dandora location, Embakasi division.

DANDORA Comprises Dandora Phase III of Dandora AREA THREE B sub-location of Dandora location, Embakasi division.

DANDORA Comprises Dandora Phases IV and V of AREA FOUR Dandora B sub-location of Dandora location, Embakasi division.

NJIRU Comprises Njiru Location of Embakasi Division.

KARIOBANGI Comprises Kariobangi South Location of SOUTH Embakasi Division.

220 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area RUAI Comprises Ruai Location of Embakasi Division.

BABA DOGO Comprises Baba Dogo sub-location of Ruaraka Location of Kasarani Division.

UTALII Comprises Mathare 4A and Utalii Sub- Locations of Ruaraka Location, Kasarani Division.

MATHARE NORTH Comprises Mathare North Sub-Location of Ruaraka Location, Kasarani Division.

KASARANI Comprises Kasarani sub-location of Kasarani location, Kasarani Division.

KARIOBANGI Comprises Kariobangi Location of Kasarani NORTH Division.

KOROGOCHO Comprises Korogocho Location of Kasarani Division.

ROYSAMBU Comprises Roysambu Location of Kasarani Division.

KAHAWA Comprises Kahawa Location of Kasarani Division.

GITHURAI Comprises Githurai Location of Kasarani Division.

KILIMANI Comprises Kilimani Location of Westlands Division.

KILELESHWA Comprises Kileleshwa location of Westlands Division.

KITISURU Comprises Kitisuru Location of Westlands Division.

PARKLANDS Comprises Parklands Location of Westlands Division.

HIGHRIDGE Comprises Highridge Location of Westlands Division.

KANGEMI Comprises Kangemi sub-location of Kangemi Location, Westlands Division.

MOUNTAIN VIEW Comprises Mountain View and Gichagi sub-locations of Kangemi Location of Westlands Division.

UTHIRU/RUTHIMITU Comprises Uthiru/Ruthimitu Location of Dagoretti Division.

Rev.

2010] Local Government CAP.

265 221 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area WAITHAKA Comprises Waithaka Location of Dagoretti Division.

MUTUINI Comprises Mutuini Location of Dagoretti Division.

RIRUTA Comprises Riruta sub-location of Riruta location, Waithaka division.

NGANDO Comprises Ngando sub-location of Riruta location, Waithaka Division.

KAWANGWARE Comprises Kawangware sub-location of Kawangware location, Dagoretti Division.

GATINA Comprises Gatina sub-location of Kawangware location, Dagoretti Division.

MABATINI Comprises Mabatini sub-location of Mathare location, Central Division.

NGARA EAST Comprises Ngara East sub-location of Ngara location, Central Division.

LANGATA Comprises Langata Location of Kibera Division.

WOODLEY Comprises Woodley Sub-location of Kenyatta Golf Course Location, Dagoretti Division.

MWIKI Comprises Mwiki Sub-location of Kasarani Location, Kasarani Division.

MIHANGO Comprises Mihango sub-location of Embakasi Location, Embakasi Division.

(2) MUNICIPALITY TUDOR FOUR Comprises Tudor Four Sub-Location of OF MOMBASA Tudor Location, Island Division.

TUDOR ESTATE Comprises Tudor Estate Sub-Location of Tudor Location, Island Division.

KIPEVU Comprises Chaani Location of Changamwe Division.

PORT REITZ NORTH Comprises that part of Port Reitz Location of Changamwe Division which is to the north of Airport Drive.

222 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area WAYANI Comprises that part of Port Reitz Location of Changamwe Division which is to the south of Airport Drive.

CHANGAMWE Comprises Changamwe Location of Changamwe Division.

MIKINDANI Comprises Mikindani Location of Changamwe Division.

JOMVU KUU Comprises Jomvu Kuu Sub-Location of Miritini Location, Changamwe Division.

MIRITINI Comprises Miritini Sub-Location of Miritini Location, Changamwe Division.

MWAKIRUNGE Comprises Mwakirunge and Maugunja Sub-Locations of Bamburi Location, Kisauni Division.

BAMBURI ESTATE Comprises Bamburi, Mwembe Legeza sub- locations of Bamburi Location Kisauni division.

SHANZU Comprises Shanzu Sub-Locations of Bamburi Location, Kisauni Division.

FRERE TOWN Comprises Kisauni Sub-Location of Kisauni Location, Kisauni Division.

JUNDA Comprises Junda Sub-location of Kisauni Location, Kisauni Division.

MJAMBERE Comprises Magongoni Sub-Location of Kisauni Location, Kisauni Division.

MJI WA KALE/ Comprises Old Town Location of Island MAKADARA Division.

NYALI/MKONGANI Comprises that part of Kongowea Sub- Location which is to the east of Nyari Road.

KONGOWEA Comprises that part of Kongowea Sub- Location which is to the wast of Nyari Road.

MAWENI Comprises Maweni Sub-Location of Kongowea location, Kisauni Division.

Rev.

2010] Local Government CAP.

265 223 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIZINGO Comprises Kizingo Sub-Location of Ganjoni Location, Island Division.

GANJONI Comprises Ganjoni Sub-Location of Ganjoni Location, Island Division.

MTONGWE Comprises Mtongwe Location of Likoni Division.

BOFU Comprises Bofu sub-location of Likoni Location of likoni Division.

LIKONI Comprises Likoni sub-location of Likoni Location, Likoni Division.

TIMBWANI Comprises Timbwani sub-location of Likoni Location, Likoni Division.

SHIKA ADABU Comprises Shika Adabu Location of Likoni Division.

BONDENI Comprises Bondeni Sub-Location of Tononoka Location, Island Division.

TONONOKA Comprises Tononoka Sub-Location of Tononoka Location, Island Division.

MAJENGO Comprises Majengo Sub-Location of Majengo Location, Island Division.

KINGORANI Comprises Kingorani Sub-Location of Majengo Location, Island Division.

MWEMBE-TAYARI Comprises Mwembe-Tayari Location of Island Division.

SHIMANZI Comprises Shimanzi (Railway) Location of Island Division.

(3) COUNTY OF MACKINNON ROAD Comprises Mackinnon Road Location of KWALE Samburu Division.

TARU Comprises Taru Location of Samburu Division.

SAMBURU Comprises Samburu Location of Samburu Division.

MAKAMINI Comprises Makamini Location of Samburu Division.

MWAVUMBO Comprises Mwavumbo Location of Samburu Division.

KASEMENI Comprises Kasemeni Location of Samburu Division.

224 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area VIGURUNGANI Comprises Vigurungani Location of Kinango Division.

PUMA Comprises Puma Location of Kinango Division.

MTAA Comprises Mtaa Location of Kinango Division.

GANDINI Comprises Gandini Location of Kinango Division.

KINANGO Comprises Kinango Location of Kinango Division.

NDAVAYA Comprises Ndavaya Location of Kinango Division.

MBUGUNI/ Comprises Mbuguni and Ngombeni NGOMBENI Locations of Matuga Division.

WAA Comprises Waa Location of Matuga Division.

TIWI Comprises Tiwi Location of Matuga Division.

MWALUPHAMBA Comprises Kizibe and part of Mlafyeni Sub- PART locations of Mwaluphamba Location of Kubo Division.

KUBO SOUTH Comprises Lukore, Maluvanga and Majimboni Locations of Kubo Division.

MKONGANI Comprises Mkongani Location of Kubo Division.

UKUNDA Comprises Ukunda sub-location of Diani location, Msambweni Division.

GOMBATO/BONGWE Comprises Bongwe and Gombato sub- locations of Diani Location, Msambweni Division.

KINONDO Comprises Kinondo Location of Msambweni Division.

MIVUMONI Comprises Mivumoni Location of Msambweni Division.

PONGWE/KIDIMU Comprises Pongwe/Kidimu Location of Msambweni Division.

Rev.

2010] Local Government CAP.

265 225 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KINGWENDE/ Comprises Kingwende/Shirazi Location of SHIRAZI Msambweni Division.

KIKONENI Comprises Kikoneni Location of Lunga Lunga Division.

DZOMBO Comprises Dzombo Location of Lunga Lunga Division MWENA Comprises Mwena sub-location of Mwereni Location of Lunga Lunga Division.

KILIMANGODO Comprises Kilimangodo sub-location of Mwereni location, Lunga Lunga Division.

KASEMENI/SEGA Comprises Lunga Lunga Location of Lunga Lunga Division.

VANGA Comprises Vanga Location of Lunga Lunga Division.

CHENGONI Comprises Chengoni Location of Samburu Division.

MANGAWANI Comprises Mangawani Location of Kubo Division.

MWATATE Comprises Mwatate Location of Samburu Division.

MSAMBWENI Comprises Msambweni Location of Msambweni Division.

TOWNSHIP OF GOLINI/ Comprises part of Golini Sub-Location of KWALE VYONGWANI Golini Location of Matuga Division.

ZIWANI Comprises part of Golini Location of Matuga Division and Part of Mlafyeni Sub- Location of Mwaluphamba Location of Kubo Division.

KWALE Comprises part of Golini Location of Matuga Division and part of Mlafyeni Sub- Location of Mwaluphamba Location of Kubo Division.

Comprises part of Kundutsi Sub-Location MWAMGUNGA of Tsimba Location of Matuga Division and part of Mlafyeni Sub-Location of Mwaluphamba Location of Kubo Division.

226 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area VUGA Comprises part of Kundutsi sub-location of Tsimba Location of Matuga Division.

MAZUMALUME Comprises Mazumalume sub-location of Tsimba Location of Matuga Division.

(4) COUNTY OF ROKA Comprises Roka location of Bahari KILIFI Division.

MATSANGONI Comprises Matsangoni location of Bahari Division.

NGERENYA Comprises Ngerenya location of Bahari Division.

CHASIMBA Comprises Chasimba location of Chonyi Division.

MWARAKAYA Comprises Mwarakaya and Bandara-Salama locations of Chonyi Division.

ZIANI Comprises Ziani location of Chonyi Division.

SHIMO-LA-TEWA Comprises Shimo-La-Tewa/Mtwapa sub- location of Mtwapa location of Kikambala Division.

JUNJU NORTH Comprises Kuruwitu/Kapecha/Chodari and Vipingo/Gongoni/Mikaoni sub- locations of Junju location, Kikambala Division.

JUNJU SOUTH Comprises Bomani/Junju/Mtomkuu sub- location of Junju location, Kikambala Division.

MTEPENI Comprises Kidutani/Mawamba and Kijipwa sub-locations of Mtwapa location of Kikambala Division.

KANAMAI Comprises Kanamai sub-location of Mtwapa location of Kikambala Division.

MWANAMWINGA Comprises Mwanamwinga location of Kaloleni Division.

KAYAFUNGO Comprises Kayafungo Location of Kaloleni Division.

KALOLENI NORTH Comprises Birini/Mwamleka, Chalani/ Mihingoni and Mikiriani sub-locations of Kaloleni Location, Kaloleni Division.

Rev.

2010] Local Government CAP.

265 227 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Elecroral Area Area KALOLENI SOUTH Comprises Makombani/Kinani and Kaloleni/Vishakani sub-locations of Kaloleni location of Kaloleni Division.

JIBANA Comprises Jibana location of Kaloleni Division.

RURUMA Comprises Ruruma location of Kaloleni Division.

MWAWESA Comprises Mwawesa location of Kaloleni Division.

KAMBE Comprises Kambe location of Kaloleni Division.

RABAI (PART) Comprises Mwele/Kisrutini and part of Buni/Chesimani Sub-locations of Rabai location of Kaloleni Division.

MWAHERA Comprises Mwahera location of Vitengeni Division.

VITENGENI Comprises Vitengeni location of Vitengeni Division.

MRIMA WA NDEGE Comprises Mrima Wa Ndege location of Vitengeni Division.

SOKOKE Comprises Sokoke location of Vitengeni Division.

NDIGIRIA/BANDARI Comprises Ndigiria and Bandari locations of Bamba Division.

BAMBA Comprises Bamba location of Bamba Division.

MITANGANI Comprises Mitangani location of Bamba Division.

DUNGICHA/GANZE Comprises Dungicha and Ganze locations of Ganze Division.

PALAKUMI Comprises Palakumi location of Ganze Division.

RIBE Comprises Ribe location of Kaloleni Division.

KAUMA/JARIBUNI Comprises Kauma and Jaribuni locations of Ganze Division.

228 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Elecroral Area Area TOWNSHIP OF KIBARANI Comprises Kibarani Sub-location of Tezo KILIFI Location and Konjora; sub-location of Kili Township Location of Bahari Division.

NGALA Comprises Mtondia/Majaoni Sub-location of Tezo location of Bahari Division.

HOSPITAL/SOKONI Comprises Sokoni and Hospital Sub- locations of Kili Township location of Bahari Division.

MNARANI Comprises Mnarani Sub-location of Kili Township location of Bahari Division.

MAVUENI/ Comprises Mavueni/Majajani and Kiriba/ MKONGANI Wangwani Sub-locations of Mavueni/ Takaungu Location of Kikambala Division.

SHAURI MOYO/ Comprises Takaungu and Mkomani/ TAKAUNGU Mkwajuni Sub-locations of Mavueni/ Takaungu location of Kikambala Division.

TOWNSHIP OF TSANGATSINI Comprises Tsangatsini location of Kaloleni MARIAKANI Division.

MARIAKANI Comprises part of Mariakani/Mitangoni sub- location of Mariakani location of Kaloleni Division.

KAWALA Comprises Kawala/Kadzonzo and part of Mariakani/Mitangoni sub-locations of Mariakani location of Kaloleni Division.

KALIANGOMBE Comprises Kaliangombe/Jimba sub- location of Rabai location of Kaloleni Division.

MUGUMO-WA-PATSA Comprises Mazeras/Mugumo-wa-Patsa Sub- location and Part of the Buni/Chesimani Sub-location of Rabai Location, Kaloleni Division.

(5) COUNTY OF JILORE Comprises Jilore location of Malindi MALINDI Division.

LANGO MBAYA Comprises Lango Mbaya location of Malindi Division.

Rev.

2010] Local Government CAP.

265 229 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area CHAKAMA Comprises Chakama location of Malindi Division.

BUNGALE Comprises Bungale/Baricho Location of Marafa Division.

MARAFA Comprises Marafa Location of Marafa Division.

GARASHI Comprises Garashi Location of Marafa Division.

DAGAMRA Comprises Dagamra Location of Marafa Division.

MAGARINI EAST Comprises Mambrui and Marikebuni sub- locations of Magirini Location, Magarini division.

MAGARINI WEST Comprises Bomani and Pumwani sub- locations of Magarini location, Magarini division.

FUNDI-ISSA Comprises Fundi Issa sub-location of Fundi Issa location, Magarini Division.

MARERENI Comprises Marereni sub-location of Fundi Issa location, Magarini Division.

ADU Comprises Adu location of Marafa Division.

GONGONI Comprises Gongoni location of Magarini Division.

MUNICIPALITY OF MADUNGUNI Comprises Paziani, Kakuyuni and Maduguni/ MALINDI Buramagongoloni Mongotini Sub- locations of Goshi Location of Malindi Division.

MALIMO Comprises Malimo Sub-location of Goshi Location of Malindi Division.

GANDA/MKAUMOTO Comprises Ganda location of Malindi Division.

MALINDI NORTH Comprises Sabaki sub-location of Malindi location of Malindi Division.

MALINDI CENTRAL Comprises Central sub-location of Malindi location of Malindi Division.

230 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area BARANI Comprises Barani Sub-location of Malindi location of Malindi Division.

SHELA Comprises that part of Shella sub-location (East of Malindi Hospital Road) of Malindi location, Malindi Division.

MAWENI Comprises that part of Shella Sub-location (West of Malindi Hospital Road) of Malindi location, Malindi Division.

KIJIWETANGA Comprises Kijiwetanga Sub-location of Malindi location of Malindi Division.

GEDE SOUTH Comprises Dabaso and Mida Majaoni sub-locations of Gede location, Malindi Division.

GEDE NORTH Comprises Mjombani and Mkenge sub- location of Gede location, Malindi Division.

GEDE Comprises Barakachembe, Chembe, Kibabamche and sub-locations of Watamu Location, Malindi Division.

WATAMU TOWN Comprises Jimba and Watamu Sub-locations of Watamu location, Malindi Division.

(6) COUNTY OF MBALAMBALA Comprises Mbalambala and Buwa Locations TANA RIVER of Bangale Division.

KAMAGURU Comprises Kamaguru Location of Bagale Division.

BANGALE Comprises Bangale Location of Bangale Division.

SAKA Comprises Saka Location of Madogo Division.

MADOGO SOUTH Comprises, Madogo and Mororo Locations of Madogo Division.

NANIGHI Comprises Nanighi Location of Bura Division.

SALA Comprises Sala Location of Madogo Division.

CHEWELE Comprises Chewele Location of Bura Division.

Rev.

2010] Local Government CAP.

265 231 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area BURA Comprises Bura Location of Bura Division.

MILALULU Comprises Milalulu, Makere and Masabubu Locations of Locations of Galole Division.

ZUBAKI/MIKINDUNI Comprises Zubaki and Mikinduni Locations of Galole Division.

CHIFIRI Comprises Chiri Location of Galole Division.

CHEWANI/ Comprises Chewani and Kiarukungu KIARUKUNGU Locations of Galole Division.

WAYU Comprises Wayu and Kalkacha Locations of Galole Division.

WALDENA Comprises Waldena Location of Galole Division.

NDURA Comprises Ndura and Mazuni Locations of Wenje Division.

GWANO Comprises Gwano Location of Wenje Division.

ASSA Comprises Assa Location of Garsen Division.

NDERA Comprises Ndera Location of Garsen Division.

SALAMA/MWINA Comprises Salama and Mwina Locations of Garsen Division.

GARSEN CENTRAL Comprises Galili and Kipao Locations of Garsen Division.

BILISA Comprises Bilisa Location of Garsen Division.

GARSEN SOUTH Comprises Ngao and Wachu Oda Locations of Garsen Division.

SHIRIKISHO Comprises Shirikisho Location of Garsen Division.

KINAKOMBA Comprises Kinakomba and Jamhuri Locations of Wenje Division KIPINI EAST Comprises Kipini, Kilelengwani and Kone Masa Locations of Kipini Division.

232 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIPINI WEST Comprises Ozi and Chara Locations of Kipini Division.

HIRIMANI Comprises Hirimani Location of Bura Division.

(7) COUNTY OF KIUNGA Comprises Kiunga Location of Kiunga LAMU Division.

BASUBA Comprises Basuba Location of Kiunga Division.

FAZA/TCHUNDWA Comprises Faza and Tchundwa locations of Faza division.

Comprises Mbwajumwali and Kizingitini KIZINGITINI WEST Locations of Kizingitini Division.

NDAU Comprises Ndau Location of Kizingitini Division.

SIYU/PATE Comprises Siyu and Pate Locations of Faza Division.

LANGONI Comprises Langoni Location of Amu Division.

SHELLA MANDA Comprises Shella/Manda Location of Amu Division.

MKOMANI/ Comprises Mkomani and Matondoni MATONDONI Locations of Amu division.

MOKOWE Comprises Mokowe Location of Hindi division.

HINDI/MAGOGONI Comprises Hindi/Magogoni Location of Hindi division.

MKUNUMBI Comprises Mkunumbi and Ndambwe locations of Mpeketoni division.

KIONGWE Comprises Kiongwe sub-location of Mpeketoni location, Mpeketoni division.

CENTRAL Comprises Central sub-location of Mpeketoni location, Mpeketoni division.

MAPENYA Comprises Mapenya location of Mpeketoni division.

Rev.

2010] Local Government CAP.

265 233 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area BAHARINI Comprises Baharini location of Mpeketoni division.

HONGWE Comprises Hongwe location of Mpeketoni division.

WITU Comprises Witu location of Witu division.

DIDE WARIDE Comprises Dide Waride location of Witu division.

(8) COUNTY OF WUNDANYI Comprises Wundanyi location of Wundanyi TAITA TAVETA Division.

MBALE Comprises Mbale location of Wundanyi Division.

WERUGHA Comprises Werugha location of Wundanyi Division.

MWANDA/ Comprises Mwanda and Mghange locations MGHANGE of Wundanyi Division.

WUMINGU/ Comprises Wumingu and Kishushe locations KISHUSHE of Wundanyi Division.

MWAKITAU Comprises Mwakitau location of Mwatate Division.

BURA Comprises Bura location of Mwatate Division.

CHAWIA/KISHAMBA Comprises Chawia, Kishamba and Kidaya/ Ngerenyi locations of Mwatate Division.

MWATATE Comprises Mwatate location of Mwatate Division.

MWACHABO Comprises Mwachabo location of Mwatate Division.

RONGE (PART) Comprises Msau/Raghai, Kigombo/ Marumbenyi Sub-Locations of Ronge location of Tausa Division.

RONGE JUU Comprises Ronge Juu location of Mwambirwa Division.

NGOLIA Comprises Ngolia Location of Tausa Division.

234 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MBOLOLO Comprises parts of Tausa and Mraru sub- locations of Mbololo location of Tausa Division.

SAGALLA Comprises Sagalla location of Voi Division.

MARUNGU Comprises Marungu location of Voi Division.

KASIGAU Comprises Kasigau location of Voi Division.

MUNICIPALITY OF KIRUTAI Comprises parts of Tausa and Mraru sub- VOI locations of Mbololo Location of Tausa Division.

VOI NORTH EAST Comprises parts of Mwangea and Kaloleni Sub-locations of Voi location, Voi Division.

VOI WEST Comprises parts of Mwangea and Kaloleni Sub-locations of Voi location, Voi Division.

KIGHONONYI Comprises Ronge Nyika Sub-Location of Ronge location of Tausa Division.

VOI CENTRAL Comprises part of Kaloleni sub-location of Voi location of Voi Division.

VOI SOUTH Comprises part of Kaloleni Sub-location of Voi location of Voi Division.

TOWNSHIP OF CHALA/NJUKINI Comprises Chala and Njukini locations of TAVETA Taveta Division.

MBOGHONI Comprises Kimala sub-location of Jipe location and part of Mboghoni Sub- location of Bomani location, Taveta Division.

MATA Comprises Mata sub-location of Jipe location, Taveta Division.

KITOBO/KIMORIGHO Comprises Kimorigho location of Taveta Division.

MAHOO Comprises Mahoo Sub-location of Bomani Location, Taveta Division.

TAVETA NORTH Comprises Mjini sub-location of Bomani location, Taveta Division.

Rev.

2010] Local Government CAP.

265 235 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area TAVETA SOUTH Comprises part of Mboghoni Sub-location of Bomani Location, Taveta Division.

(9) COUNTY OF DANYERE Comprises Danyere, Sikley and Libahalo GARISSA locations of Danyere Division.

JARAJARA Comprises Jarajara Location of Balambala Division.

BALAMBALA Comprises Balambala and Dujis Locations of Balambala Division.

SAKA Comprises Saka Location Sankuri Division.

SHIMBIRI Comprises Shimbiri Location of Sankuri Division.

KORAKORA Comprises Korakora Location of Central Division.

BORALGI Comprises Boralgi Location and parts of Iftin and Waberi Locations of Central Division.

BENANE Comprises Eldera, Tokojo and Benane Locations of Benane Division.

MODOGASHE Comprises Modogashe Location of Madogashe Division.

GARUFA Comprises Garufa and Baraki Locations of Shant-Abak Division.

SANKURI/ Comprises Sankuri and Raya Locations of RAYA Sankuri Division.

GOREALE Comprises Goreale Location of Shant-Abak Division.

ALANGO ARBA Comprises Dertu and Alango Arba Locations of Dadaab Division.

DADAAB Comprises Dadaab Location of Dadaab Division.

LIBOI Comprises Kulan and Liboi Locations of Liboi Division.

DAGAHALEY Comprises Dagahaley Location of Dadaab Division.

LABISIGALE Comprises Labisigale Location of Dadaab Division.

236 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area DAMAJALE Comprises Damajale Location of Liboi Division.

ABAKAILE Comprises Kumahumato and Abakaile Locations of Dadaab Division.

WELMERER Comprises Welmerer Location of Jara Jila Division.

DHAGAR DERA Comprises Dhagar Dera Location of Jara Jila Division.

JARA JILA Comprises Jara Jila Location of Jara Jila Division.

FAFI Comprises Fa Location of Jara Jila Division.

GALMAGALA Comprises Gubis Location and Galmagala sub-location of Galmagala Location.

NANIGHI Comprises Kamuthe and Nanighi Locations of Bura Division.

BURA Comprises Bura Location of Bura Division.

MASABUBU Comprises Masabubu and Garasweno Locations of Bura Division.

BULLAGOLOL Comprises Bullagolol Location of Hulugho Division.

MAALAMIN Comprises Maalamin and Ilan Locations of Madogashe Division.

YUMBIS Comprises Yumbis Location of Jara Jila Division.

MUNICIPALITY OF BULLA Comprises Medina sub-location and parts GARISSA of Galbet and Township sub-locations of Township Location of Central Division.

STADIUM Comprises parts of Iftin and Waberi Sub- Locations of Iftin and Waberi Locations, of Central division JAMHURI Comprises Part of Galbet Sub-Location of Township location of Central Division.

MARKET Comprises Parts of Iftin and Galbet sub- locations of Township Location of Central Division.

Rev.

2010] Local Government CAP.

265 237 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area BIASHARA Comprises Part of Township Sub-Location of Township Location of Central division MASHAMBANI Comprises Part of Iftin Sub-Location of Iftin Location of Central division.

(10) COUNTY HULUGHO Comprises Hulugho Location of Hulugho COUNCIL OF Division.

IJARA HADARO Comprises Hadaro Location of Sangailu Division SANGAILU Comprises Sangailu Location of Sangailu Division.

IJARA SOUTH Comprises Jalish and Bullagolol Locations of Ijara Division.

IJARA Comprises Ijara Location of Ijara Division.

KORISA Comprises Hara and Korisa Locations of Masalani Division.

KOTILE Comprises Kotile Location of Masalani Division.

MASALANI Comprises Masalani Location of Masalani Division.

HADI Comprises Hadi Location and Kora-Hindi sub-location of Galmagalla Location, Hulugho Division.

SANGOLE Comprises Bodhai and Sangole Locations of Ijara Division.

RUGHA Comprises of Rugha and Gerille Locations of Ijara Division.

(11) COUNTY OF JOGBARU Comprises Jogbaru Location of Central WAJIR Division.

BARWAGO Comprises Barwago Location of Central Division.

TOWNSHIP Comprises Township and Hodhan locations of Central Division.

WAGBERI Comprises Wagberi Location of Central Division.

LEFALEY Comprises Dashega and Lefaley Locations of Kotulo Division.

238 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area WARGADUD Comprises Wargadud and Kotulo Locations of Kotulo Division.

ELBEN Comprises Mansa, Ogorale and Elben Locations of Tarbaj Division.

SARMAN Comprises Duntoi and Sarman Locations of Tarbaj Division.

TARBAJ Comprises part of Tarbaj Location, Tarbaj Division.

KHOROF HARAR Comprises Khorof Harar and Abakn Locations of Wajir Bor Division.

WAJIR BOR Comprises Riba and Wajir Bor Locations of Wajir Bor Division.

KULAALEY Comprises Kulaaley Location of Central Division.

HABASWEIN Comprises Kiwanja Ndege and Habaswein TOWNSHIP Locations of Habaswein Division.

ABAKORE Comprises Abakore Location of Habaswein Division.

DILMANYALE Comprises Dilmanyale Location of Habaswein Division.

SABULE Comprises Sabule, Shimbir Buul and Dagahaley Locations of Sabule Division.

LAGBOGOL SOUTH Comprises Lagbogol South, Tesore, Macheza and Korsen Locations of Habaswein Division.

BENANE Comprises Benane and Sarif Locations of Sabule Division.

IBRAHIM URE Comprises Ibrahim Ure and Gerille Locations of Dif Division.

DIF Comprises Dif and Dadaja-Bulla Locations of Dif Division.

BURDER Comprises Burder Location of Dif Division.

GODOMA Comprises Godoma and Dugo Locations of Bute Division.

BUTE Comprises Bute and Ogorji Locations of Bute Division.

Rev.

2010] Local Government CAP.

265 239 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area GURAR Comprises Gurar Location of Gurar Division.

AJAWA Comprises Ajawa Location of Gurar Division.

LENSAYU Comprises Lensayu and Lakole North Locations of Buna Division.

KORONDILE Comprises Korondile Location of Buna Division BUNA Comprises Buna, Ingirir and Mulka Gufu Locations of Buna Division.

BATALU Comprises Batalu Location of Buna Division.

DELA Comprises Kilkiley and Dela Locations of El Das Division.

ELDAS Comprises Eldas location of Eldas division.

LAKOLE Comprises Lakole South Location of EL Das SOUTH Division.

BASIR Comprises Basir Location of Griftu Division.

ARBAJAHAN Comprises Arbajahan Location of Griftu Division.

BOJI/GARSE Comprises Boji Heri Location of Griftu Division.

GRIFTU Comprises Griftu Location of Griftu Division.

EL NUR Comprises EL Nur Location of Griftu Division.

TULA TULA Comprises Tula Tula Location of Griftu Division.

WAGALLA Comprises Wagalla Location of Griftu Division.

GANYURE Comprises Ganyure and Kukala Locations of Griftu Division.

HADADO Comprises Adhibohol, Hadado North and Lolkuta North Locations of Hadado Division.

ADAMSAJIDE Comprises Adamsajide, Lolkuta South and Hadado South Locations of Hadado Division.

240 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area LAGBOGHOL Comprises Lagboghol North Location of NORTH Hadado Division.

DAMBAS Comprises parts of Dambas and Tarbaj Locations of Tarbaj Division.

DADAJA-BULLA Comprises Dadaja-Bulla Location of Diff Division.

DANABA Comprises Quadama and Danaba Locations of Gurrar Division.

ADHIBOHOL Comprises Adhibohol Location of Hadado Division.

KIBILAI Comprises of Kibilai Location (i.e.

habaswein Primary School, Habaswein Girls Secondary School and Udhole Centre) of Habaswein Division.

BASIR Comprises of Basir Location of Griftu Division.

(12) COUNTY OF MALKAMARI Comprises Malkamari, Malkaruqa and Hullow MANDERA Locations of Malkamari Division.

GUBA Comprises Guba location of Malkamari Division.

BANISSA Comprises Banissa location of Banissa division.

LULIS/EYEMOLE Comprises Lulis and Eyemole Locations of Banissa Division.

DERKALE Comprises Darkale Location of Banissa Division.

KILIWERI Comprises Kiliweri Location of Banissa Division.

DANDU Comprises Iresteno and Dandu Locations of Dandu Division.

GITHER Comprises Gither Location of Dandu Division.

TAKABA NORTH Comprises Takaba and Darwed Locations of Takaba Division.

TAKABA SOUTH Comprises Didkuro, Dudubule and Wangai Dahan Locations of Takaba Division.

KUTULO SOUTH Comprises Kutulo, El-Ramu and Garsesala Locations of Kutulo Division.

Rev.

2010] Local Government CAP.

265 241 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KUTULO NORTH Comprises Daba City, Bore Hole Eleven and Kutayu Locations of Kutulo Division.

EL-WAK SOUTH Comprises El-Wak Town and El-Wak South Locations of El-Wak Division.

EL-WAK NORTH Comprises Dasheg Wante, Wante and Bulla Afya Locations of El-Wak Division.

SHIMBIRI FATUMA Comprises Shimbiri Fatuma, Burmayo North and Burmayo South and Fincharo Locations of Shimbiri Fatuma Division.

WARGADUD Comprises Wargadud, Wargadud East and Quramathow Locations of Wargadud Division.

OLLA Comprises Sarman and Olla locations of As- Habito Division.

GUTICHA Comprises Guticha and Shirshir Locations of As-Habito Division.

MAROTHILE Comprises Marothile and Kubionile Locations of As-Habito Division.

AS-HABITO Comprises Ogarwein and As-Habito Locations of As-Habito Division.

RHAMU DIMTU Comprises Rhamu Dimtu, Garsey, Mado and Yabicho Locations of Rhamu Dimtu Division.

RHAMU Comprises Shantoley Location of Rhamu Division.

GIRISSA Comprises of Girissa and Rhamu Locations of Rhamu Division.

LAFEY Comprises Lafey, Lafey South, Damasa, Kabo and Kamora Liban Locations of Lafey Division.

WARANQARA Comprises Gari, Waranqara and Bambo Locations of Waranqara Division.

FINO Comprises Fino Location of Fino Division.

242 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area ARABIA Comprises Arabia and Omar Jillow Locations of Fino Division.

LIBEHIA Comprises Libehia/Kula Deer and Oda locations of Libehia Division.

HARERI Comprises Sala, Gumbisu and Hareri Locations of Hareri Division.

KALALIYO WEST Comprises Kalaliyo and Gududiye Locations of Kalaliyo Division.

KALALIYO EAST Comprises Karo, and Garba Qoley location of Kalaliyo Division.

ALANGO GOF Comprises Alango Gof Location of Lafey Division.

BUR ABOR/BULA Comprises Bur Abor and Bula Haji Locations, HAJI Kalaliyo Division.

FINCHARO Comprises Fincharo location of Shimbir Fatuma Division.

KALALIYOCENTRAL Comprises Gingo and Bela Locations of Kalaliyo Division.

HARIRE HOSLEY Comprises Harire Hosley Location of Kalaliyo Division.

ARESA Comprises Aresa Location of Hareri division, Sarohindi and Farey locations of Libehia Division.

TOWNSHIP OF NEBOI Comprises Neboi Location of Central MANDERA Division.

SHAFSHAFEY Comprises Shafshafey Location of Central Division.

BARWAKO Comprises Bulla Barwako Location of Central Division.

BULLA MPYA Comprises Bulla Mpya location of Central Division.

BULLA JAMHURIA Comprises Bulla Jamhuria Location of Central Division.

BORDER POINT ONE Comprises Border Point One Location of Mandera Central Division.

TOWNSHIP/ Comprises of Township and Kamoro KAMORO locations of Central Division.

Rev.

2010] Local Government CAP.

265 243 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area (13) COUNTY OF ILLERET Comprises Illeret location of North Horr MARSABIT division.

NORTH HORR Comprises North Horr location of North Horr division DUKANA Comprises Dukana location of North Horr division.

BALESA RIRIBA Comprises Balesa Rirba location of North Horr division.

KALACHA Comprises Kalacha location of Maikona division.

MAIKONA Comprises Maikona location of Maikona division.

HURRI HILLS Comprises Hurri Hill location of Maikona division.

BUBISA Comprises Bubisa Location of Turbi division.

SAGANTE Comprises Sagante location of Gadhamoji division.

DIRIB GOMBO Comprises Jaldessa and Dirib Gombo locations of Gadhamoji division.

DAKABARICHA Comprises Mata Arba and in place thereof Dakabaricha sub-location of Dakabaricha location, Central division.

JIRIME Comprises Jirime sublocation of Dakabaricha location, central division.

MOUNTAIN Comprises Mountain location of Central division.

NAGAYO Comprises Nagayo location of Central division.

KARARE Comprises Karare and Songa locations of Central Division.

LAISAMIS Comprises Laisamis location of Laisamis division.

MERILLE Comprises Merille location of Laisamis division.

LOGOLOGO Comprises Logologo location of Laisamis division.

244 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KORR Comprises Korr location of Laisamis division.

NGURUNIT Comprises Ngurunit location of Laisamis division.

SOUTH HORR Comprises South Horr and Kargi locations of Loiyangalani division.

MT.

KULAL Comprises Mt.

Kulal location of Loiyangalani division.

LOIYANGALANI Comprises Loiyangalani location of Loiyangalani division.

GALAS Comprises Galas Location of North Horr Division.

TURBI Comprises Turbi Location of Turbi Division.

QILTA Comprises Qilta Location of Gadhamonji Division.

(14) COUNTY OF URAN Comprises Uran location of Uran MOYALE division.

WALDA/RAWANA Comprises Walda and Rawana locations of Uran division.

SOLOLO Comprises Sololo and Waye locations of Obbu division.

SOLOLO Comprises Sololo Makutano and Hambalo MAKUTANO locations of Obbu division.

DAMBALA Comprises Dambala Fachana Location of FACHANA Obbu Division.

BORI Comprises Bori Location of Central Division.

ODDA Comprises Odda location of Golbo division.

BUTIYE Comprises Butiye and Somare location of Central division.

MOYALE Comprises Township and Sessi sub-locations, of Moyale location Central Division.

GURUMESSA Comprise Gurumessa sub-location of Moyale Location of Central division.

Rev.

2010] Local Government CAP.

265 245 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area GURUMESSA Comprise Township sub-locations of Moyale location of Central Division.

MANYATTA Comprises Manyatta location of Central division.

NANA Comprises Nana location of Golbo division.

GODOMA Comprises Godoma location of Golbo division.

DABEL Comprises Dabel location of Golbo division.

GOLOLE Comprises Golole location of Uran division.

HEILU Comprises Heilu and Kirisa locations of Central division.

(15) COUNTY OF BULLA PESA Comprises Bulla Pesa sub-location of Isiolo ISIOLO Central Location of Central Division.

ODHA Comprises Kambi Odha sub-location of Central location of Central Division.

WABERA Comprises Wabera sub-location of Isiolo East Location of Central Division.

KIWANJANI Comprises Kiwanjani sub-location of Isiolo East location of Central Division.

BURAT Comprises Burat sub-location of Isiolo West Location of Central Division.

KILIMANI Comprises Isiolo West sub-location of Isiolo West location of Central Division.

NGARE MARA Comprises Ngare Mara Location of Central Division.

KIPSING Comprises Kipsing Location of Oldo-Nyiro Division.

OLDO-NYIRO Comprises Oldo-Nyiro Location of Oldo- Nyiro Division.

BISAN BILIQO Comprises Bisan Biliqo Location of Merti Division.

BULESA Comprises Bulesa Location of Merti Division.

MERTI Comprises Merti Location of Merti Division.

246 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KORBESA Comprises Korbesa Location of Merti Division.

MALKAGALLA Comprises Malkagalla Location of Merti Division.

YAMICHA Comprises Yamicha Location of Merti Division.

SERICHO Comprises Sericho Location of Sericho Division.

MADOGASHE Comprises Madogashe and Eldera Locations of Sericho Division.

ERESABORU Comprises Eresaboru Location of Sericho Division.

GARFARSA Comprises Garfarsa Location of Garba Tula Division.

MALKADAKA Comprises Malkadaka Location of Garba Tula Division.

GARBA TULLA Comprises Garba Tulla Location of Garba Tulla Division.

KULA MAWE Comprises Kula Mawe Location of Kinna Division.

KINNA Comprises Kinna Location of Kinna Division.

RAPSU Comprises Rapsu Location of Kinna Division.

(16) COUNTY OF Comprises Njia, parts of Muringene and MERU NORTH NJIA (PART) Antubeiga Locations of Igembe North Division.

KANGETA Comprises Kangeta, Nkinyanga and Mukululu Locations of Igembe North Division.

KIEGOI Comprises Kiegoi and Kanthiari Locations of Igembe Central Division.

GITERETU/ Comprises Giteretu sub-locations of Luluma ANCHENGE location and Anchenge Sub-location of Antubochiu location of Igembe Central Division.

Rev.

2010] Local Government CAP.

265 247 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area IGEMBE EAST Comprises Miori, Ngujuju and part of Kiengu Locations of Igembe East Division.

IGEMBE SOUTH Comprises Athiru Gaiti, Kindani and part of EAST Kirimampio Locations of Igembe South East Division.

IGEMBE SOUTH Comprises Kabuline, Kanuni and Kiguru Locations of Igembe South Division.

IGEMBE SOUTH Comprises Akachiu, Athi, Nduguto and WEST Giika Locations of Igembe South West Division.

NAATHU Comprises Naathu Location of Mutuati Division.

AMWATHI I Comprises Amwathi I sub-location of Kabachi Location of Mutuati Division.

AMWATHI II Comprises Amwathi II sub-location of Kabachi location Mutuati division.

ANTUAMBUI Comprises Antuambui Location of Laare Division.

NTUNENE Comprises Ntunene Location of Laare Division.

AKIRANGONDU Comprises Akirangondu Location of Laare Division.

ANTUBETWE Comprises Antubetwe Kiongo and Luciuti KIONGO Locations of Ndoleli Division.

ATHIRU RUNJINE Comprises Athiru Runjine Location of Ndoleli Division.

KAWIRU Comprises Kawiru Location of Ndoleli Division.

MITUNTU Comprises Mituntu Location of Tigania West Division.

ATHWANA/RWANDA Comprises Athwana and Rwanda sub- locations of Akithi Division.

THINYAINE/ Comprises Thinyaine and Nchoro location of NCHORO Akithi division.

KITHEO Comprises Kitheo Location of Akithi Division.

248 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIANJAI Comprises Miathene and Kianjai Locations of Tigania West Division.

NKOMO Comprises Nkomo and Kimachia Locations of Uringu Division.

MBEU Comprises Mbeu and Kiorimba Locations of Uringu Division.

KARAMA Comprises Antuanduru and Karama Locations of Tigania North Division.

MUTHARA Comprises Muthara Location of Tigania North Division.

BUURI Comprises Buuri location of Tigania North division.

KIGUCWA Comprises Miciimukuru and Kigucwa Locations of Tigania Central Division.

MIKINDURI EAST Comprises Mikinduri East Location of Tigania Central Division.

MIKINDURI WEST Comprises Mikinduri West Location of Tigania Central Division.

THANGATHA Comprises Thangatha Location of Tigania Central Division.

NKAMIA Comprises Nkamia location of Tigania East division.

MUNICIPALITY OF MAILO TATU Comprises Thura Sub-Location of Muringene MAUA Location and part of Antubeiga Locations of Igembe North Division.

STADIUM Comprises part of Kaibu Sub-Location of Maua Location of Igembe Central Division.

MAUA SOUTH Comprises Buri Maria and Makiri Sub- Locations of Antubochiu and Luluma Locations of Igembe Central Division.

MAUA NORTH Comprises of Kithetu Location of Igembe Central Division and part of Antubetwe Sub-Location of Kiengu Location of Igembe East Division.

Rev.

2010] Local Government CAP.

265 249 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MAUA EAST Comprises Amwathi, Gitura and part of Kaibu Sub-Locations of Maua Location of Igembe Central Division and part of Bwethaa sub-location of Kirimampio Location of Igembe South East Division.

(17) COUNTY OF KIERA Comprises Kiera Location of Mwimbi MERU SOUTH Division.

Comprises Maara Location of Mwimbi MAARA Division.

GANGA Comprises Ganga Location of Mwimbi Division.

MITHERU Comprises Mitheru Location of Muthambi Division.

MUTHAMBI Comprises Muthambi Location of Muthambi division.

GITIJE Comprises Gitije location of Muthambi division.

KITHANGANI/ Comprises Kithangani Location and Mariani MARIANI Sub-Location of Karingani Location of Chuka Division.

GITARENE Comprises Gitarene Location of Chuka Division.

MWONGE Comprises Mwonge, Kabuboni and Rubate Locations of Magumoni Division.

THUITA Comprises Thuita and Magumoni Locations of Magumoni Division.

MUKUUNI Comprises Mukuuni location of Magumoni division.

KAMWIMBI Comprises Itugururu and Kamwimbi Locations of Igambangombe Division.

KAJUKI Comprises Mutino, Kamaindi and Kajuki Locations of Igambangombe Division.

MUNICIPALITY OF KIANGONDU Comprises Chuka Towship, Mucwa and CHUKA Kiangondu of Kiangondu location, Chuka Division.

CHUKA EAST Comprises Jaina, Ndagani and Rukindu Sub- Locations of Karingani location of Chuka Division.

250 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MUIRU EAST Comprises Karongone Sub-Location of Karingani Location of Chuka Division.

MUIRU WEST Comprises Muiru Location of Chuka Division.

MUGIRIRWA WEST Comprises Kirege Sub-Location of Mugwe Location of Chuka Division.

MUGIRIRWA EAST Comprises Mugirirwa Sub-Location of Mugwe Location of Chuka Division.

TOWNSHIP OF CHOGORIA Comprises Gianchuku and Chogoria sub- CHOGORIA locations of Chogoria Location of Mwimbi Division.

KIRARO Comprises Kiraro and Mukwego sub- locations of Chogoria Location of Mwimbi Division.

MURUGI WEST Comprises Gitombani, Gantaraki, Part of Kianjagi and part of Kiriaini sub-locations of Murugi Location of Mwimbi Division.

MURUGI EAST Comprises Part of Kianjagi, Part of Kiriani, Kithare and Munga Sub-Locations of Murugi Location of Mwimbi Division.

(18) COUNTY OF ONTULILI Comprises Ontulili Location of Timau MERU CENTRAL Division.

KIRIMARA Comprises Kirimara and Ngusishi locations of Timau Division.

KISIMA Comprises Kisima and Ntirimiti Locations of Timau Division.

KIIRUA Comprises Kiirua Location of Buuri Division.

NAARI Comprises Naari Location of Buuri Division.

RUIRI Comprises Ruiri and Rwarera Locations of Buuri Division CHUGU Comprises Chugu and Munithu Locations of Miriga Mieru East Division.

THUURA Comprises Thuura, Nkabune and Mukua Locations and Njoka Sub-Location of Mulathankari Location of Miriga Mieru East Division.

Rev.

2010] Local Government CAP.

265 251 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area GIAKI Comprises Giaki and Kaburine Locations of Miriga Mieru East Division.

NTAKIRA (PART) Comprises Igoki Location, Ncaure/Kirugua, Ngonyi and Gitugu Sub-Locations of Ntakira Location, Miriga Mieru West Division.

NTHIMBIRI (PART) Comprises Nthimbiri, Kainginyo and part of Mpuri Sub-Locations of Nthimbiri Location, Miriga Mieru West Division.

KIBIRICHIA Comprises Kiamiogo and Kimbirichia Locations of Abothuguchi West Division.

KIAMIOGA Comprises Kiamioga and Ntumbiri locations of Abothuguchi West division.

KATHERI Comprises Katheri East, Katheri Central and Katheri West Locations of Abothuguchi West Division.

KIBARANYAKI Comprises Kibaranyaki and Marathi Locations of Abothuguchi West Division.

KITHIRUNE Comprises Kithirune East and Kithirune West Locations of Abothuguchi West Division.

GATIMBI Comprises Gatimbi and Mariene Locations of Abothuguchi Central Division.

KARIENE Comprises Kariene and Karia Locations of Abothuguchi Central Division.

MWANGATHIA Comprises Gaitu, Nduruma and Mwangathia Locations of Abothuguchi East Division.

KIAGU Comprises Kiagu, Makandune and Kiija Locations of Abothuguchi East Division.

MITUNGUU Comprises Mitunguu Location of Nkuene Division.

URUKU Comprises Uruku Location of Nkuene Division.

KATHERA Comprises of Kathera Location of Nkuene Division.

252 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MIKUMBUNE Comprises Mikumbune Location of Nkuene Division.

IGOKI Comprises Igoki Location of Abogeta Division.

ABOGETA Comprises Abogeta Location of Abogeta Division.

Comprises Kanyakine, Kiringa and Nkachie KANYAKINE Locations of Abogeta Division.

KINORO/KIANJOGU Comprises Kinoro and Kianjogu Locations of Igoji Division.

MWERU Comprises Mweru Location of Igoji Division.

IGOJI Comprises Igoji Location of Igoji Division.

KARIA Comprises Karia Location of Igoji Division.

KITHANGARI Comprises Kithangari Location of Abogeta Division.

MUNICIPALITY CATHEDRAL Comprises part of Township Sub-Location OF MERU of Meru Municipality Location of Miriga Mieru West Division.

Comprises part of Township sub-location of HOSPITAL Meru Municipality Location of Miriga Mieru West Division.

COMMERCIAL Comprises part of Township sub-location of Meru Municipality Location of Miriga Mieru West Division.

MILIMANI Comprises part of Tuntu Sub-location of Ntima Location of Miriga Mieru West Division.

CENTRAL Comprises part of Tuntu sub-location of Ntima Location of Miriga Mieru West Division.

MWENDANTU Comprises part of Tuntu sub-location of Ntima Location of Miriga Mieru West Division.

Rev.

2010] Local Government CAP.

265 253 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAAGA Comprises Kaaga Municipality sub-location of Meru Municipality Location and Kaaga Mulathankari Sub-location of Mulathankari Location of Miriga Mieru West Division and part of Kithoka Sub- location of Chugu Location of Miriga Mieru East Division.

STADIUM Comprises Upper Igoki Sub-location of Ntima Location of part of Mpuri Sub-location of Nthibiri Location and Magundu Sub- location of Ntakira Location, of Miriga Mieru West Division.

GAKOROMONE Comprises Gakoromone sub-location of Meru Municipality Location of Miriga Mieru West Division.

(19) COUNTY OF TUNYAI Comprises Tunyai Location of Tharaka South THARAKA Division.

CHIAKARIGA Comprises Chiakariga and Nkarini Locations of Tharaka South Division.

KAMARANDI/ Comprises Kamarandi and Kamanyaki KAMANYAKI Locations of Tharaka South Division.

NTUGI Comprises Ntugi and Gituma Locations of Tharaka Central Division.

MARIMANTI Comprises Marimanti Location of Tharaka Central Division.

TURIMA Comprises Turima and Karocho Locations of Tharaka Central Division.

NKONDI Comprises Nkondi and Matakiri Locations of Tharaka Central Division.

MWANYANI Comprises Mwanyani location of Tharaka Central Division.

GIKINGO Comprises Gikingo Location of Tharaka North Division.

THITI Comprises Thiti location of Tharaka North Division.

KANJORO Comprises Kanjoro and Ntoroni Locations of Tharaka North Division.

254 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KATHANGACHINI Comprises Kathangachini Location of Tharaka North Division.

GATUE Comprises Gatue Location of Tharaka North Division.

MARAGWA Comprises Maragwa Location of Tharaka North Division.

GAKURUNGU Comprises Gakurungu Location of Tharaka South Division.

(20) COUNTY OF NGINDA Comprises Nginda Location of Manyatta EMBU Division.

NGANDORI Comprises Ngandori Location of Manyatta Division.

RUGURU Comprises Ruguru Location of Manyatta Division.

GATURI SOUTH Comprises Gaturi South Location of Nembure Division.

KITHIMU Comprises Kithimu Location of Nembure Division.

GATURI NORTH Comprises Gaturi North and Makengi Locations of Manyatta and Nembure Divisions respectively.

KYENI NORTH PART Comprises Kiangungi and Kathari sub- locations of Kyeni North Location, Kyeni Division.

KAGAARI NORTH Comprises Mikuuri and Kanja sub-locations EAST of Kagaari North Location, Runyenjes Division.

KAGAARI NORTH Comprises Kianjogoma and Mbuinjeru sub- WEST locations of Kagaari North Location of Runyenjes Division.

KARURUMO/ Comprises Karurumo Location and Kigumo KIGUMO Sub-location of Kyeni South Location, Kyeni Division.

MUNICIPALITY OF NJUKIRI Comprises Nthambo and part of Njukiri Sub- EMBU Locations of Embu Municipality Location, Central Division.

Rev.

2010] Local Government CAP.

265 255 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area BLUE VALLEY Comprises parts of Dalas/Stadium, Kamiu and Njukiri sub-locations of Embu Municipality Location, Central Division.

KANGARU Comprises Kiangima and Gatituri Sub- Locations of Mbeti North Location, of Central Division.

ITABUA Comprises Itabua Sub-Location of Mbeti North Location, Central Division.

KAMIU Comprises part of Kamiu Sub-Location of Embu Municipality Location, Central Division.

MATAKARI Comprises Part of Dalas/Stadium Sub- Location of Embu Municipality Location, Central Division.

MAJENGO Comprises part of Dalas/Stadium Sub- Location of Embu Municipality Location, Central Division.

MUNICIPALITY OF KYENI URBAN Comprises Rukuriri, Mufu, Kathanjure and RUNYENJES Nyagari Sub-locations of Kyeni North Location of Kyeni Division.

GICHERA Comprises Gichera and Kiringa Sub- Locations of Kagaari South Location, Runyenjes Division.

NTHAGAIYA Comprises Nthagaiya and Kawanjara Sub- Locations of Kagaari South Location of Runyanjes Division.

RUNYENJES Comprises Kigaa, Gikuuri, Mbiruri, Gitare CENTRAL and Gichiche Sub-Locations of Runyenjes Town Location, Runyenjes Division.

(21) COUNTY OF KARABA Comprises Karaba Location of Mwea MBEERE Division.

RIAKANAU Comprises Riakanau Location of Mwea Division.

MAKIMA Comprises Makima Location of Mwea Division.

MBETI SOUTH Comprises Mbeti South Location of Gachoka Division.

256 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MAVURIA Comprises Mavuria, Kithunthiri and Gichiche Locations of Gachoka Division.

KIAMBERE Comprises Kiambere and Mutuovare locations of Gachoka division.

KIANJIRU Comprises Kianjiru location of Gachoka division.

MBITA Comprises of Mbita location of Gachoka division.

ISHIARA Comprises Ishiara location of Evurore division.

KANYUAMBORA Comprises Kanyuambora location of Evurore division.

KIANGOMBE Comprises Kiangombe location of Evurore division.

NTHAWA Comprises Nthawa location of Siakago division.

GITIBURI Comprises Gitiburi location of Siakago division.

MUMINJI Comprises Muminji and Mutitu locations of Siakago division.

NDURUMORI Comprises of Ndurumori Location of Evurore Division.

(22) COUNTY OF KWA VONZA Comprises Kwa Vonza Location of Yatta KITUI Division.

YATTA/NTHONGONI Comprises Yatta and Nthongoni Locations of Yatta Division.

KANYANGI Comprises Kanyangi Location of Yatta Division.

KATUTU/MUTANDA Comprises Katutu and Mutanda Locations of Mutonguni Division.

KAKEANI/ Comprises Kakeani and Mutonguni MUTONGUNI Locations of Mutonguni Division.

KIVANI/KAUWI Comprises Kivani and Kauwi Locations of Mutonguni Division.

MUSENGO/USIANI Comprises Musengo and Usiani Locations of Mutonguni Division.

Rev.

2010] Local Government CAP.

265 257 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KWA MUTONGA/ Comprises Kwa Mutonga, Kwa Mulungu KATHIVO and Kathivo locations of Matinyani Division.

MIAMBANI Comprises Miambani Location of Central Division.

KISASI/ Comprises Kisasi, and Mbusyani Locations MBUSYANI of Kyuluni Division.

MBITINI Comprises Mbitini location of Kyuluni division.

MALIKU/ITOLEKA Comprises Maliku Location and Kavuta PART Sub-Location of Itoleka Location, Central Division.

MUTITU/ Comprises Mutitu and Kaliku Locations of KALIKU Mutitu Division.

ZOMBE (SOMBE) Comprises Zombe (Sombe) Location of Mutitu Division.

NZANGA/THUA/ Comprises Thua and Nzangathi Locations, ITHUMULA Ithumula sub-location of Nzambani location of Kyuluni Division.

MALALANI/ Comprises Malalani and Endau Locations of ENDAU Mwitika Division.

MWITIKA/ Comprises Mwitika and Kyamatu Locations KYAMATU of Mwitika Division.

VOO Comprises Voo Location of Mutha Division.

IKANGA Comprises Ikanga Location of Mutomo Division.

KYATUNE Comprises of Kyatune location of Mutomo Division.

MUTOMO/KIBWEA Comprises Mutomo and Kibwea Locations of Mutomo Division.

KANZIKO/ Comprises Kanziko and Simisi Locations of SIMISI Mutha Division.

MATHIMA Comprises of Mathima Location of Mutha Division.

IKUTHA/ Comprises Ikutha and Kasala Locations of KASALA Ikutha Division.

258 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MALUMA/ Comprises Maluma and Kalivu Locations of KALIVU Ikutha Division.

ATHI Comprises of Athi Location of Ikuta Division.

KISEUNI Comprises of Kiseuni and Kanyongonyo Locations of Yatta Division.

MUTHA/NDAKANI Comprises Mutha and Ndakani Locations of Mutha Division.

MUNICIPALITY OF KITHUMULA/ Comprises Kithumula and Kauma Locations KITUI KAUMA of Matinyani Division.

KALIMANI/MATIN- Comprises Kalimani, Matinyani and Mutulu YANI/MUTULU Locations of Matinyani Division.

KYANGWITHYA Comprises Museve/Ivaini, Mulundi and EAST (PART) Misewani Sub-Locations of Kyangwithya East Location, Central Division.

TOWNSHIP Comprises Kitui Township Location of Central Division.

KAVETA Comprises of Kaveta and Mutune Sub- Locations of Kyangwithya East Location, Central Division.

KYANGWITHYA Comprises Kyangwithya West Location of WEST Central Division.

ITOLEKA/ Comprises Itoleka Sub-Location of Itoleka KATULANI Location and Katulani Location, Central Division.

MULANGO Comprises Mulango Location of Central Division.

KYANIKA/ Comprises Kyanika and Maluma Sub- MALUMA Locations of Nzambani Location, Kyuluni Division.

(23) COUNTY OF TSEIKURU/ Comprises Tseikuru and Musavani Locations MWINGI MUSAVANI of Tseikuru Division.

MASYUNGWA Comprises Masyungwa Location Tseikuru Division.

MIVUKONI Comprises and Mivukoni Location of Kyuso Division.

Rev.

2010] Local Government CAP.

265 259 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIMANGAU Comprises Kimangau Location of Kyuso Division.

KYUSO/ Comprises Kyuso and Kamuwongo KAMUWONGO Locations of Kyuso Division.

THARAKA Comprises Tharaka Location of Mumoni Division.

KATSE/MUTANDA/ Comprises Katse, Mutanda and Nguku NGUUKU Locations of Mumoni Division.

KAKUYU/ Comprises Mukonga and Kakuyu Locations MUKONGA of Mumoni Division.

NGUNI Comprises Nguni Location of Nguni Division.

WAITA/ENDUI Comprises Waita and Endui Locations of Central Division.

MITAMISYI Comprises Mitamisyi Location of Ngomeni Division.

NGOMENI Comprises Ngomeni location of Ngomeni division.

UKASI Comprises Ukasi Location of Nguni Division.

MBUVU Comprises Mbuvu location of Nguni division.

MUTYANGOME Comprises Mutyangome Location of Nuu Division.

WINGEMI Comprises Wingemi location, Nuu Division.

NUU Comprises Nuu Location of Nuu Division.

KALITINI Comprises Kalitini Location of Mui Division.

MUI Comprises Mui Location of Mui division.

KYOME Comprises Kyome Location of Migwani Division.

MIGWANI Comprises Migwani Location of Migwani Division.

260 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area NZAUNI Comprises Nzauni Location of Migwani Division.

NGUUTANI Comprises Nguutani Location of Migwani Division.

THITANI Comprises Thitani and Thaana Nzau Locations of Migwani Division.

KANTHUNGU Comprises of Kanthungu Location of Mumoni Division.

TOWNSHIP OF KYETHANI/ Comprises Kiomo and Kyethani Locations MWINGI KIOMO of Central Division.

KAVUVWANI Comprises Mwingi and Kavuvwani Sub- Locations of Mwingi Location of Central Division.

KATALWA/ Comprises Mumbuni and Nzeluni Locations NZELUNI of Central Division.

KANZANZU Comprises Kanzanzu Location of Central Division.

MWINGI/ITHUMBI Comprises Kyanika and Ithumbi sub- locations of Mwingi location of Central division.

KIVOU/E-NZIU Comprises Kivou, E-nziu and Kanzui sublocations of Mwingi location of Central division.

(24) COUNTY OF MUTHESYA Comprises Muthesya Location of Ndithini MASAKU Division.

DITHINI/MANANJA Comprises Ndithini and Mananja Locations of Ndithini Division.

EKALAKALA/ Comprises Ekalakala and Ikaatini Locations IKAATINI of Masinga Division.

Comprises Masinga Location of Masinga MASINGA Division.

KIVAA Comprises Kivaa Location of Masinga Division.

KANGONDE Comprises Kangonde Location of Masinga Division.

NDALANI Comprises Ndalani Location and the Western Part of Kithimani Sub Location of Kithimani Location of Yatta Division.

Rev.

2010] Local Government CAP.

265 261 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MAVOLONI Comprises Mavoloni Location of Yatta Division.

KINYAATA Comprises Kinyaata Location of Katangi Division.

KITHYOKO Comprises Kithyoko location of Masinga Division.

IKOMBE Comprises Ikombe Location of Katangi Division.

KATANGI Comprises Katangi Location of Katangi Division.

KATHAMA Comprises Kathama Location of Mwala Division.

MBIUNI Comprises Mbiuni location of Mwala division.

MAKUTANO/MANGO Comprises Mango and Makutano Locations of Mwala Division.

MWALA Comprises Mwala Location of Mwala Division.

MASII Comprises Masii Location of Mwala Division.

VULYA Comprises Vulya Location of Mwala Division.

WAMUNYU Comprises Wamunyu Location of Yathui Division.

YATHUI Comprises Yathui Location of Yathui Division.

MUTHETHENI Comprises Muthetheni Location of Yathui Division.

MIU Comprises Miu Location of Yathui Division.

KIBAUNI/IKALAASA Comprises Kibauni and Ikalaasa Locations of Yathui Division.

MITABONI Comprises Mitaboni, Miumbuni and Kinyau sub-locations of Mitaboni Location of Kathiani Division.

MATHUNYA Comprises Mathunya, Thinu and Ngiini sub- locations of Mitaboni location, Kathiani division.

262 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KATHIANI Comprises Kathiani Location of Kathiani Division.

KAEWA Comprises of Kaewa Location of Kathiani Division.

IVETI Comprises Iveti, Kaliluni and Kombu sub- locations of Iveti Location, Kathiani Division.

KAANI Comprises Kaani and Kitunduni sub-locations of Iveti location, Kathiani division.

KALAMA/ Comprises Kalama and Kyangala locations KYANGALA of Kalama Division.

MUUMANDU/KOLA Comprises Lubwa and Kola Locations of Kalama Division.

KYUA Comprises Kyua Location of Katangi Division.

MUNICIPALITY OF NGELANI Comprises Ngelani Location of Central MACHAKOS Division.

MUTITUNI Comprises Mutituni Location of Central Division.

MUA Comprises Mua Location of Central Division.

MUMBUNI NORTH Comprises Kasinga, Mungala and Lower Kiandani Sub- Locations of Mumbuni Location of Central Division.

MUMBUNI SOUTH Comprises Upper Kiandani and Misakwani sub-locations of Mumbuni Location of Central Division.

KIIMA KIMWE Comprises Kiima Kimwe Location of Central Division.

MUVUTI Comprises Muvuti location of Central division.

KIMUTWA Comprises Kimutwa Location of Central Division.

KATHEKA-KAI Comprises Katheka-Kai Location of Central Division.

MJINI Comprises Mjini Sub-Location of Machakos Town Location of Central Division.

Rev.

2010] Local Government CAP.

265 263 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area EASTLEIGH Comprises Eastleigh Sub-Location of Machakos Town Location of Central Division.

MUNICIPALITY OF SOPHIA/KENYA Comprises part of Athi River Town Sub- MAVOKO MEAT Location of Athi River Location of Athi River Division.

MAKADARA Comprises part of Athi River Town Sub- Location of Athi River Location of Athi River Division.

ATHI RIVER NORTH Comprises Athi River North Sub-Location of Athi River Location of Athi River Division.

KATANI Comprises Katani Location of Athi River Division.

MUTHWANI Comprises Muthwani Sub-Location of Lukenya Location of Athi River Division.

KINANIE/ Comprises Kinanie and Mathatani Sub- MATHATANI Locations of Lukenya Location of Athi River Division.

INDUSTRIAL Comprises part of Athi River Sub-Location of STATION Athi River Location, Athi River Division.

TOWNSHIP OF MATUNGULU Comprises Kyeleni and Kyanzavi Locations KANGUNDO NORTH of Matungulu Division.

MATUNGULU WEST Comprises Komorack, Nguluni and Kalandini Locations of Matungulu Division.

MATUNGULU EAST Comprises Tala and Matungulu Locations of Matungulu Division.

KANGUNDO EAST Comprises Kivaani Location of Kavilinguni and Kathome sub-locations of Kakuyuni Location, Kangundo Division.

KANGUNDO NORTH Comprises Kangundo and Kanzalu Locations of Kangundo Division.

KANGUNDO WEST Comprises Kawethei Location of Kakuyuni and Kyevaluki Sub-Locations of Kakuyuni Location of Kangundo Division.

TOWNSHIP OF KATULANI/ Comprises Katulani and Kaluluini Sub- MATUU KALULUINI Locations of Matuu Location of Yatta Division.

264 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAKUUMINI/ Comprises Kakuumini and Matuu Sub- CENTRAL Locations of Matuu Location of Yatta Division.

KITHENDU Comprises Kithendu Sub-Location of Kithimani Location of Yatta Division.

KITHIMANI Comprises Kambi Ya Ndeke Sub-Location and part of Kithimani Sub-Location of Kithimani Location of Yatta Division.

(25) COUNTY OF KALAWA Comprises Kalawa and Athi Locations of MAKUENI Kalawa Division.

KATANGINI Comprises Katangini and Kathulumbi Locations of Kalawa Division.

KISAU Comprises Kisau Location of Kisau division.

WAIA Comprises Waia Location of Kisau division.

KITETA Comprises Kiteta Location of Kisau Division.

TULIMANI Comprises Tulimani and Itetani Locations of Tulimani Division.

MUTITU/UTHIUNI Comprises Mutitu and Uthiuni sub-locations of Mbooni Location of Mbooni Division KYUU/NZEVENI Comprises Kyuu and Nzeveni sub-locations of Mbooni Location of Mbooni Division.

KITHUNGO/ Comprises Kithungo, Utangwa and Kitundu KITUNDU Locations of Mbooni Division.

KALANZONI/KIIMA Comprises Kalanzoni and Kiima Kiu KIU Locations of Kilome Division.

MUKAA Comprises Mukaa location of Kolome division.

KITAINGO Comprises Kitaingo Locations of Kilome Division.

KASIKEU/MUMELA Comprises Kasikeu, Mumela location of Kasieku division.

KIOU Comprises Kiou Locations of Kasikeu Division.

Rev.

2010] Local Government CAP.

265 265 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area UKIA/IUANI Comprises Ukia and Iuani Locations of Kaiti Division.

WATEMA/KEE/ Comprises Watema location of Kilungu KIVANI division, Kee and Kivani Locations of Kaiti Division.

KITHEMBE Comprises Kithembe Location of Kilungu Division.

KIKOKO Comprises Kikoko Location of Kilungu Division.

KILUNGU/ILIMA Comprises Ilima and Kilungu Locations of Kilungu Division.

MULALA/EMALI Comprises Mulala and Emali Locations of Mbitini Division.

MBITINI Comprises Mutyambua, Kakutha, Kyemundu and Kavuthu Locations of Mbitini Division.

NZAUI/KILILI Comprises Kilili and Nzaui Locations of Matiliku Division.

KITHUMBA/ Comprises Kithumba Location and Ikangavya KALAMBA and Kalamba Sub-Locations of Kalamba Location, Matiliku Division.

NGUU Comprises Nguu, Mweini and Wolwa, Locations of Nguu Division.

KATHONZWENI Comprises Kathonzweni location of Kathozweni division.

MBUVO/KITISE Comprises Mbuvo and Kitise Locations of Kathonzweni Division.

MAVINDINI Comprises Mavindini location of Kathozweni division.

KANTHUNI/KITHUKI Comprises Kanthuni and Kithuki Locations of Kathonzweni Division.

TWAANDU/KIBOKO Comprises Twaandu and Kiboko Locations of Makindu Division.

MAKINDU Comprises Makindu Location of Makindu Division.

NGUUMO Comprises Nguumo Location of Makindu Division.

266 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIKUMBULYU Comprises Ngulu, Kathyaka and Ndetani NORTH sub-locations of Kikumbulyu Location of Kibwezi Division.

KIKUMBULYU Comprises Ngandani, Mukuyuni, Mbui Nzau SOUTH and Kilungu sub-locations of Kikumbulyu Location, Kibwezi Division.

KINYAMBU Comprises Utithi and Kinyambu Locations of Kibwezi Division.

MASONGALENI Comprises Masongaleni Location of Kibwezi Division.

MTITO ANDEI WEST Comprises part of Muthingiini Sub-Location of Nzambani location and part of Mangelete Sub-Location of Nthongoni location, Mtito Andei Division.

MTITO ANDEI EAST Comprises Ngwata Location, Kitengei and Part of Kambu Sub-Locations of Kambu Location of part of Kathekani Location and part of Mtito Andei Sub-Location of Mtito Andei Location of Mtito Andei Division.

KALAWANI Comprises Kalawani and Yandue Locations of Tulimani Division.

MASUMBA Comprises Ithumba and Kikumini Locations of Nguu Division.

TOWNSHIP OF KAMBU Comprises part of Muthingiini Sub-Location MTITO ANDEI of Nzambani Location, Mtito Andei Division.

IVINGONI/ Comprises Mangelete Sub-Location MANGEL ETE of Nthongoni Location, Mtito Andei Division.

KATHEKANI/ Comprises part of Kathekani Sub-Location DARAJ ANI of Kathekani Location, Mtito Andei Division.

MTITO ANDEI Comprises part of Mtito Andei Sub-Location of Mtito Andei Location, Mtito Andei Division.

TOWNSHIP OF KAUMONI Comprises Kilala, Kaumoni and Nthangu WOTE Sub-Locations of Kilala Location, Kaiti Division.

Rev.

2010] Local Government CAP.

265 267 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAKO Comprises Kako Sub-Location of Kako Location, Kisau Division.

WOTE Comprises Unoa and Kamunyolo Sub- Locations of Wote Location, Wote Division.

KIKUMINI Comprises Kikumini (Wote) and Kampi Ya Mawe Sub-Locations of Wote Location of Wote Division.

MUVAU Comprises Muvau and Kitonyoni Sub- Locations of Wote Location, Wote Division.

NZIU Comprises Itaa and Mumbuni sub-locations of Wote Location, Wote Division and Nziu Sub-location of Kalamba Location, Matiliku Division.

(26) COUNTY OF MAGUMU Comprises Magumu Location of South NYANDARUA Kinangop Division.

NYAKIO Comprises Nyakio Location of South Kinangop Division.

NJABINI Comprises Njabini and Kiburu sub-locations of Njabini location, South Kinangop Division.

TULAGA/MUNYAKA Comprises Tulaga and Munyaka sub- locations of Njabini Location, South Kinangop Division.

MURUNGARU Comprises Murungaru sub-location of Engineer location, North Kinangop Division.

MURUAKI/GATHARA Comprise Kahuru/Muruaki and Gathara sub- locations of Engineer Location of North Kinangop Division.

MIKARO/NANDARA Comprises Mikaro, Nandara Si and Mkungi SI/MKUNGI sub-locations of North Kinangop location, North Kinangop Division.

KITIRI/KINJA Comprises Kitiri and Kinja sub-locations of North Kinangop location, North Kinangop division.

LERESHWA Comprises Lereshwa Location of Kipipiri Division.

268 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIPIPIRI Comprises Kipipiri Location of Kipipiri Division.

GETA Comprises Geta Location of Kipipiri Division.

MALEWA Comprise Malewa Location of Kipipiri Division.

WANJOHI Comprise Wanjohi location of Kipipiri division.

KANJUIRI RIDGE Comprises Ngorika and Tumaini Locations of Ol Kalou Division.

DUNDORI Comprises Ruiru and Sabugo sub- locations of Dundori Location, Ol Kalou Division.

MATINDIRI Comprises Matindiri and Malangine sub- locations of Dundori Location of Ol Kalou Division.

OL JORO OROK Comprises Ol-Joro Orok location of Ol-Joro Orok division.

WERU Comprises Weru location of Ol-Joro Orok Division.

GATHANJI Comprises Gathanji Location of Ol Joro Orok Division.

GATIMU Comprises Gatimu location of Ol Joro Orok Division.

KIRIITA Comprises Kiriita Location of Ndaragwa Division.

LESHAU PONDO Comprises Mathingira and Leshau Locations of Ndaragwa Division.

NDARAGWA Comprises Kanyagia and Kahutha Locations of Ndaragwa Division.

SHAMATA Comprises Shamata Location of Ndaragwa Division.

TOWNSHIP OF RURII Comprises Rurii Sub Location of Rurii OL KALOU Location of Ol Kalou Division.

OL KALOU Comprises Passenga and Matura Sub- CENTRAL Locations of Rurii Location of Ol Kalou Division.

Rev.

2010] Local Government CAP.

265 269 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAIMBAGA Comprises Kandutura Sub Location of Kaimbaga Location of Ol Kalou Division.

GICHUNGO Comprises Gichungo Sub Location of Kaimbaga Location of Ol Kalou Division.

OL KALOU Comprises Olkalou Location of Ol Kalou Division.

(27) COUNTY MUHOYA Comprises Muhoya location of Tetu Division.

COUNCIL OF NYERI TETU Comprises Tetu location of Tetu division.

THIGINGI Comprises Thigithi location of Tetu division.

KARUNDU Comprises Karundu location of Tetu division.

AGUTHI Comprises Aguthi location of Tetu division.

GAAKI Comprises Gaaki location of Tetu division.

MUGUNDA Comprises Mugunda location of Kieni West division.

GATARAKWA Comprises Gatarakwa location of Kieni West division.

ENDARASHA Comprises Endarasha location of Kieni West division MWEIGA Comprises Mweiga location of Kieni West division.

MWIYOGO Comprises Mwiyogo location of Kieni West division.

Comprises Lusoi and Thungare sub THEGU locations of Thegu location of Kieni East division KABARU Comprises Kabaru location of Kieni East division.

NARO MORU Comprises Naro Moru location of Kieni East division.

270 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIAMATHAGA Comprises Kiamathaga location of Kieni East division.

GAKAWA Comprises Gakawa location of Kieni East division.

NGORANO Comprises Ngorano location of Mathira division.

RUGURU Comprises Ruguru location of Mathira division.

MAGUTU Comprises Magutu location of Mathira division.

KIRIMUKUYU Comprises Ngaini, Kiria, Mutathini and Thaithi sub-locations of Kirimukuyu location, Mathira division.

NGANDU Comprises Thiu, Mbogoini, Ngandu and Gachuiro sub-locations of Kirimukuyu location of Mathira division.

KONYU Comprises Gakuyu, Makore, Gachuku and Kirindugu sub-locations of Konyu location, Mathira division.

ICHUGA Comprises Ichuga, Baricho and Itiati sub- locations of Konyu location, Mathima Division.

IRIA-INI EAST Comprises Thigingi, Kiairia and Kiamwangi (MATHIRA) sub-locations of Iria-ini location of Mathira division.

IRIA-INI WEST Comprises Chehe, Kanguyu, Gatundu (MATHIRA) and Kiaguthu Sub-locations of Iria-ini Location.

MAHIGA Comprises Mahiga location of Othaya division.

MUMWE Comprises Mumwe location of Othaya division.

IRIA-INI PART Comprises Kairuthi, Ihuririo, Thunguri and (OTHAYA) Kiandemi sub locations of Iriani location of Othaya division.

CHINGA Comprises Chinga location of Othaya division.

Rev.

2010] Local Government CAP.

265 271 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KARIMA Comprises Gura, Witima and Itemeini sub- locations of Karima location, Othaya division.

GAKINDU Comprises Gakindu location Mukurweini division.

MUHITO Comprises Muhito location of Mukurweini division.

GIKONDI Comprises Gikoni location of Mukurweini divisions.

GITHI Comprises Githi location of Mukurwwini division.

GIATHUGU Comprises Giathugu location of Mukurweini division.

RUTUNE Comprises Rutune location of Mukurweini division.

MUKARO Comprises Kinunga, Munungaini and Muthuaini sub locations of Mukaro location, Nyeri Municipality Division.

THANU Comprises Thanu location of Mukurweini division.

MUNICIPALITY OF CHANIA Comprises part of Majengo sub location NYERI of Mukaro location, Nyeri Municipality Division.

NYERI CENTRAL Comprises Part of Majengo sub location of Mukaro location, Nyeri Municipality division.

GATITU Comprises Ruringu, Gatitu, Thunguma and Riamukurwe sub locations of Mukaro location, Nyeri Municipality division.

KAMAKWA Comprises part of Mathari, Kihatha, Gitathini and Kamakwa sub locations of Mukaro location of Nyeri municipality division.

NYARIBO Comprises part of Mathari and Thunguma sub locations of Mukro location, Nyeri Municipality Division.

272 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIGANJO Comprises Kiganjo and Nyaribo sub locations of Kiganjo location, Nyeri Municipality division KARIA Comprises Karia and Chorongi sub-locations of Mukaro location, Nyeri Municipality Division.

MURUGURU Comprises Githiru, Muruguru and Marua sub-locations of Mukaro location, Nyeri Municipality division.

KIRICHU Comprises Kirichu and Gachika sub locations of Kiganjo location, Nyeri Municipality division.

NGONDE Comprises Maragima and Thirigitu sub- location of Thegu location, Kieni East division.

MATHARI/KIHUYO Comprises Kihuyo and part of Mathari Sub- locations of Mukaro Location, Nyeri Municipal Division.

MUNICIPALITY OF RESIDENTIAL Comprises part of Muthua/Giakairu sub- KARATINA locations of Karatima location, Mathira division.

RAILWAY Comprises part of Muthua Giakairu sub locations of Karatina location, Mathira division.

COMMERCIAL Comprises part of Kiharo/Biashara sub location of Karatina location, Mathira Division.

MARKET Comprises part of Kiharo/Biashara sub location of Karatina location, Mathira Division.

STADIUM Comprises part of Chegu/Kiangararu sub location of Karatina location, Mathira Division.

HOSPITAL Comprises part of Chegu/Kiangararu sub location of Karatina location, Mathira division.

TOWNSHIP OF NYAMARI Comprises Part of Gitundu sub location of OTHAYA Iriaini location, Othaya Division.

Rev.

2010] Local Government CAP.

265 273 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KANYANGE Comprises Part of Gitundu sub-location of Iriani location Othaya division.

KIANGANDA Comprises Kihugiru sub location of Karima location, Othaya division.

NDUYE RIVER Comprises Kiahagu sub location of Iriani location, Othaya division.

THUTI Comprises Thuti sub-location of Karima location, Othaya Division.

(28) COUNTY OF MUKURE Comprises Mukure Location of Ndia KIRINYAGA Division.

KIINE Comprises Kiine Location of Ndia Division.

MWERUA Comprises Mwerua Location (Excluding that Part of Githumbu Sub-Location in Sagana Town) of Mwerua Location, Ndia Division.

KARITI Comprises Nyangio, Mukui and parts of Thigirichi and Gacharu Sub-Locations of Kariti location, Ndia Division.

INOI Comprises Thaita and Mbeti Sub-locations of Inoi Location, parts of Kimandi and Kaguyu Sub-locations of Kerugoya Location of Central Division.

MUTIRA Comprises Mutira Location of Central Division.

KANYEKI-INE Comprises Kanyeki-ine Location of Central Division.

KIRIMA Comprises Kirima Location of Gichugu Division.

KABARE Comprises Kabare Location of Gichugu Division.

KARUMANDI Comprises Karumandi Location of Gichugu Division.

BARAGWI Comprises Baragwi Location of Gichugu Division.

NGARIAMA Comprises Ngariama Location of Gichugu Division.

274 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area NJUKI-INI Comprises Njuki-ini Location of Gichugu Division.

KANGAI Comprises Kangai Location of (excluding that part of Kithiga Sub-Location in the Municipality Kerugoya/Kutus Municipality) of Mwea Division.

MUTITHI Comprises Mutithi Location (excluding Kinyaga Sub-Location) of Mwea Division.

THIBA Comprises Wamumu sub-location of Thiba Location, Mwea Division.

NGUKA Comprises Nguka and Thiba sub-locations of Thiba Location, Mwea Division.

TEBERE Comprises Karukungu sub-location of Tebere Location, Mwea Division.

GATHIGIRIRI Comprises Gathigiriri and Mahigaini sub- locations of Tebere Location, Mwea Division.

NYANGATI Comprises Nyangati Location, Kangu, parts of Kithiriti and Kamiigua Sub-Locations of Kutus Location, Mwea Division.

MURINDUKO Comprises Murinduko Location of Mwea Division.

MURUANA Comprises Ngaru Sub-Location of Koroma location, Kariko and part of Ndimi Sub- locations of Inoi Location of Central Division.

MUNICIPALITY OF KUTUS CENTRAL Comprises part of Kamiigua Sub-Location of KERUGOYA/KUTUS Kutus Location, Mwea Division.

KUTUS SOUTH Comprises parts of Kithiriti and Kamiigua Sub-Locations of Kutus Location and part of Kathiga Sub-location of Kangai Location, Mwea Division.

KERUGOYA NORTH Comprises parts of Kaguyu and Kimandi Sub-Locations of Kerugoya Location, Central Division.

Rev.

2010] Local Government CAP.

265 275 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KERUGOYA SOUTH Comprises part of Ndimi Sub-Location of Inoi Location of Kaitheri and Part of Kaguyu sub-Location of Kerugoya Location of Central Division.

NDUINI Comprises Nduini and Karia Sub-Locations of Koroma Location, Central Division.

KERUGOYA Comprises part of Kaguyu Sub-Location of CENTRAL Kerugoya Location, Central Division.

TOWNSHIP OF KATHAKA Comprises part of Githumbu Sub-Location of SAGANA Mwerua Location, Ndia Division.

KINYAGA Comprises Kinyaga Sub-Location of Mutithi Location, Mwea Division.

GACHARU Comprises parts of Gacharu and Sagana Sub-Locations of Kariti Location, Ndia Division.

KARIMA Comprises parts of Thigirichi and Sagana Sub-Locations of Kariti location of Ndia Division.

(29) COUNTY OF NJUMBI Comprises Njumbi Location of Mathioya MURANGA Division.

KAGUMOINI Comprises Kora, Kanjama and Kagumoini sub-locations of Kiru Location, Mathioya Division.

KANJAMA Comprises Kiriaini, Kiamuthia and Kairo sub-locations of Kiru Location, Mathioya Division.

KAMACHARIA Comprises Kamacharia location of Mathioya Division.

GITUGI Comprises Gitugi, Runyeki and Kambaro sublocations of Gitugi location, Mathioya Division.

KARUNGE Comprises Ngutu, Mihuti, Karunge and Chui sub-locations of Gitugi location of Mathioya division.

RWATHIA Comprises Rwathia and Kiawambogo sub- locations of Rwathia (Kiriti) Location of Mathioya Division.

276 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIRURI Comprises Kiruri Location of Kangema Division.

KANYENYAINI Comprises Kanyenyaini Location of Kangema Division.

IYEGO Comprises Githunguri and Gikui sub- locations of Iyego Location of Kangema Division.

WEITHAGA Comprises Weithaga Location of Kahuro Division.

KAHUHIA Comprises of Kahuhia Location of Kiharu Division.

MURARANDIA Comprises Murarandia, Their and Gatuya sub-locations of Murarandia Location, Kahuro Division.

GATHAITHI Comprises Gathaithi and Kaganda sub- locations of Murarandia Location, Kahuro Division GATUNDU Comprises Gatundu and Kahuro sub-locations of Mugoiri Location, Kahuro Division.

MIRICHU Comprises Mirichu and Kiria sub-locations of Mugoiri Location, Kahuro Division.

MBIRI RURAL Comprises Gikandu and Muchungucha Sub- Locations of Mbiri Location of Kiharu Division.

GIKINDU Comprises Gikindu Location of Kiharu Division.

GATURI Comprises Gaturi Location of Kiharu Division.

KIMATHI Comprises Kimathi location of Kiharu Division.

GACHARAIGU Comprises Gacharaigu and Nyakahura Sub- locations of Iyego Location.

KIHOYA Comprises Kihoya and Wanyerere Sub- locations of Rwathia Location.

Rev.

2010] Local Government CAP.

265 277 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MUNICIPALITY OF NJOGUINI Comprises Njoguini Sub-Location of MURANGA Muranga Township Location, Kiharu Division.

MARAGI Comprises Maragi Sub-Location of Mbiri Location, Kiharu Division.

HOSPITAL Comprises part of Karuri Sub-Location of Muranga Township Location, Kiharu Division.

CENTRAL Comprises part of Karuri Sub-Location of Muranga Township Location, Kiharu Division.

MUMBI Comprises Northern Part of Mukuyu Sub- Location of Muranga Township Location of Kiharu Division.

MUKUYU Comprises Southern Part of Mukuyu Sub- Location of Muranga Township Location, Kiharu Division.

TOWNSHIP OF GAKIRA Comprises Gakira Sub-Location of Muguru KANGEMA Location, Kangema Division.

WATUHA Comprises Watuha Sub-Location of Muguru Location, Kangema Division.

KIAIRATHE Comprises Kiairathe Sub-Location of Muguru Location, Kangema Division.

MURINGAINI Comprises Kanorero Sub-Location of Muguru Location, Kangema Division.

(30) COUNTY OF KINYONA Comprises Kinyona Location of Kigumo MARAGWA Division.

KANGARE Comprises Kangare Location of Kigumo Division.

KIGUMO EAST Comprises Kirere and Githima sub-locations of Kigumo location, Kigumo Division.

KIGUMO WEST Comprises Gachocho, Inguini and Marumi sub-locations of Kigumo location, Kigumo Division.

MUTHITHI Comprises Muthithi location of Maragua division.

278 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAHUMBU Comprises Kahumbu location of Maragua division.

NGINDA Comprises Gathera, Itaaga, Kaharo and Irembu sub-locations of Nginda location and Gikomora sub-location of Ichagaki location, Maragua division.

MARAGUA RIDGE Comprises Maragua Ridge location of Maragua division.

KAMAHUHA/ Comprises Kamahuha location and Maranjau MARANJAU sub-location of Kambiti location, Makuyu Division.

Comprises Mukura/Gicharage and Kariua/ KIBAGE Githaiti sub-locations of Ruchu Location of Kandara Division.

GAICHANJIRU Comprises Gaichanjiru Location of Kandara Division.

KAGUNDUINI EAST Comprises Gitura and Kabati sub-locations of Kagunduini Location of Kandara Division.

KAGUNDUINI WEST Comprises Kariti, Kagunduini and Githunguri sub-locations of Kagunduini Location of Kandara Division.

MURUKA Comprises Muruka Location of Kandara Division.

NGARARIA Comprises Ngararia Location of Kandara Division.

KIBAGE Comprises Mukuria/Gacharage and Kariua/ Gathaiti sub-locations of Ruchu Location of Kandara Division.

GITHUMU Comprises Gitutr, Gichagini/Githumu and Mukangu/Mungaria sub-locations of Ruchu Location of Kandara Division.

TOWNSHIP OF GAKOIGO Comprises Gakoigo sub-location of Nginda MARAGWA Location of Maragua Division.

MBUGUA Comprises Mbugua sub-location of Nginda Location of Maragua Division.

Rev.

2010] Local Government CAP.

265 279 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area ICHAGAKI Comprises Ichagaki and Kianjiruini sub- locations of Ichagaki location, Maragua division.

SAMAR Comprises Samar sub-location of Ichagaki location, Maragua Division.

TOWNSHIP OF KAMBITI Comprises Kambiti, Kariaini and Mihango MAKUYU sub-locations of Kambiti location, Makuyu Division.

MAKUYU Comprises Makuyu location of Makuyu division.

WEMPA Comprises Wempa sub-location of Mitubiri location, Kakuzi Division.

KIRIMIRI Comprises Kirimiri Sub-location of Kakuzi location, Kakuzi division.

TOWNSHIP OF GAKUI/ Comprises Karimamwaro/Gakui sub-location KANDARA KARIMAMWARO of Ithiru location, Kandara division.

KAGUTHI/ Comprises Gathuya and Kaguthi sub- GATHUYA locations of Ithiru location, Kandara Division.

GATUNDU/ Comprises Kiiri sub-location of Ithiru KIIRI/ location, Kandara division.

KANDARA GATHUGU/ Comprises Gakarara sub-location of Ithiru RUCHU/ location, Kandara division.

GAKARARA (31) COUNTY OF KOMOTHAI Comprises Komothai location of Githunguri KIAMBU division.

KIRATINA Comprises Kiratina location of Githunguri division.

GITHUNGURI Comprises Githunguri sub-location of Githunguri location Githunguri division.

KANJAI/ Comprises Kanjai and Kiaria sub-locations of KIAIRIA Githunguri location Githunguri division.

280 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area GITHIGA Comprises Githiga Location of Githunguri Division.

IKINU Comprises Ikinu Location of Githunguri Division.

NGEWA Comprises Ngewa Location of Githunguri Division.

CIANDA Comprises Cianda Location of Kiambaa Division.

TINGANGA Comprises Tinganga and Kamiti Location of Kiambaa Division.

NGECHA Comprises Rironi and Ngecha Locations of Limuru Division.

NDEIYA Comprises Ndeiya and Ndiuni Locations of Ndeiya Division.

KARAI Comprises Karai and Gikambura sub- locations of Karai Location, Kikuyu Division.

NACHU Comprises Nachu, Lusingetti and Renguti sub-locations of Karai Location, Kikuyu Division.

KINALE Comprises Kamae and Kinale Locations of Lari Division.

KIJABE Comprises Kijabe Location of Lari Division.

KIRENGA Comprises Kirenga Location of Lari Division.

LARI Comprises Gitithia and Lari Locations of Lari Division.

NYANDUMA Comprises Nyanduma Location of Lari Division.

GATAMAIYU Comprises Gatamaiyu and Kamburu Locations of Lari Division.

THIGIO Comprises Thigio Location of Ndeiya Division.

MUNICIPALITY OF KANUNGA Comprises Kanunga and Ngegu Sub- KIAMBU Locations of Waguthu Location of Kiambaa Division.

Rev.

2010] Local Government CAP.

265 281 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area NDUMBERI Comprises Ndumberi Location of Kiambaa Division TECHNOLOGY Comprises Thindigua and Kiamumbi Sub- Locations of Kiambaa Settled Area Location of Kiambaa Division.

RIABAI Comprises Riabai Sub-Location of Kiambaa location, Kiambaa Division.

KIHINGO Comprises Kihingo Sub-Location of Riabai Location, Kiambaa Division.

TOWNSHIP Comprises Kiambu Township Sub-Location of Kiambaa Settled Area location of Kiambaa Division.

MUNICIPALITY OF TIGONI Comprises Tigoni Location of Limuru LIMURU Division.

LIMURU Comprises Mabroukie Sub Location CENTRAL of Karambaini Location of Limuru Division.

LIMURU EAST Comprises Kiawaroga and Karambaini Sub-Locations of Karambaini Location, Limuru Division.

BIBIRIONI Comprises Bibirioni Sub-Location of Limuru Location of Limuru Division.

KAMIRITHU Comprises Kamirithu and Township Sub- Locations of Limuru Location Limuru Division.

TOWNSHIP NYATHUNA Comprises Nyathuna Location of Kikuyu OF KIKUYU Division.

KABETE Comprises Kabete Location of Kikuyu Division.

KINOO Comprises Kinoo Location of Kikuyu Division.

KIKUYU Comprises Kikuyu Location of Kikuyu Division.

MUGUGA Comprises Muguga Location of Kikuyu Division.

282 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area TOWNSHIP OF KIHARA Comprises Kihara Location of Kiambaa KARURI Division.

NDENDERU Comprises Ruaka Location of Kiambaa Division.

MUCHATHA Comprises Gathanga Sub-Location of Waguthun, Njoro and Muchatha Sub- Locations of Kiambaa Location, Kiambaa Division KIAMBAA Comprises Kiambaa, Njiku and Karuri Sub-Locations of Kiambaa Location of Kiambaa Division.

(32) COUNTY OF KARIARA Comprises Kariara Location of Gatanga THIKA Division.

KIGORO Comprises Kigoro Location of Gatanga Division.

MITUBIRI Comprises Thuthua and Nanga Sub- Locations of Mitubiri (part) Location of Kakuzi Division.

SAMURU Comprises Samuru location of Kakuzi Division.

KAKUZI Comprises Kinyangi and Gituamba sub- locations of Kakuzi (part) Location of Kakuzi division.

ITHANGA Comprises Ithanga Location of Kakuzi Division.

GITUAMBA Comprises Gituamba Location of Kamwangi Division.

KAMWANGI Comprises Kamwangi, Ngorongo and Kairi sub-locations of Chania Location, Kamwangi Division.

MAKWA Comprises Makwa, Murigo and Nguna sub- locations of Chania Location, Kamwangi Division.

GITHOBOKONI Comprises Githobokoni location of Kamwangi Division.

GATHAITE Comprises Gathaite location of Kamwangi Division.

Rev.

2010] Local Government CAP.

265 283 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MANGU Comprises Mangu, Gatukuyu and Mukurwe sub-locations of Mangu Location, Kamwangi Division.

KARURI Comprises Karuri, Miteero and Nyamangara sub-locations of Mangu Location, Kamwangi Division.

NDARUGU Comprises Ndarugu Location of Gatundu Division.

KIGANJO Comprises Kiganjo, Gatitu and Kiamuoria sub-locations of Kiganjo Location, Gatundu Division.

MUNDORO Comprises Mundoro, Ndundu and Gachika sub-locations of Kiganjo Location, Gatundu Division.

KIAMWANGI Comprises Kiamwangi Location of Gatundu Division.

KALIMONI Comprises Kalimoni Sub-Location of Juja Location of Ruiru Division.

NGENDA NORTH Comprises Handege, Huru, Ritho and Wamwangi Sub-location of Ngenda location of Gatundu division.

NGENDA SOUTH Comprises Githunguchu, Kalunguini, Kiminyu and Kirangari Sub-location of Ngenda location of Gatundu Division.

JUJA Comprises Komo and Kiaora Sub-locations of Juja Location of Ruiru Division.

GATUANYAGA Comprises Gatuanyaga Location of Thika Division.

KIHUMBUINI Comprise Kihumbuini and Kiunyu/ Gatuamba Sub-locations of Kihumbuini Location.

MUKARARA Comprise of Mukarara and Mukurwe/Thuita Sub-locations of Kihumbuini location.

KIRIAINI Comprise Kiriaini Sub-location of Kihumbuini location.

GATANGA Comprise Kirwara/Ohomo Sub-location of Gatanga Location.

284 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MUGUMOINI Comprise of Ithangarara, Kigio and Mugumoini Sub-locations of Gatanga Location.

MUNICIPALITY OF NDURURUMO Comprises Kariminu and part of Biashara THIKA Sub-Locations of Thika Location of Thika Division.

MUGUMOINI Comprises part of Biashara Sub-Location of Thika Location of Thika Division.

MARKET Comprises parts of Majengo and Komu Sub- Locations of Thika Location of Thika Division.

BIASHARA Comprises parts of Biashara sub-location of Thika Location, Thika Division.

MAJENGO Comprises part of Majengo Sub-Location of Thika Location of Thika Division.

KIGANDA Comprises parts of Majengo and Komu Sub- Locations of Thika Location of Thika Division.

HOSPITAL Comprises part of Komu Sub-location of Thika Location of Thika Division.

KAMENU Comprises part of Komu Sub-location of Thika Location of Thika Division.

MAKONGENI Comprises part of Komu Sub-location of Thika location of Thika Division.

MUNICIPALITY OF MURERA Comprises Theta and Mugutha Sub-Locations RUIRU of Ruiru Location Ruiru Division.

GITOTHUA Comprises part of Ruiru Sub-Location of Ruiru Location of Ruiru Division.

VIWANDA/ Comprises part of Ruiru sub-location of Ruiru BIASHARA Location of Ruiru Division.

KAHAWA Comprises part of Kiu Sub-Location of Ruiru SUKARI Location of Ruiru Division.

GATONGORA Comprises part of Kiu Sub-Location of Ruiru Location of Ruiru Division.

GITHURAI Comprises part of Kiu Sub-Location of Ruiru KIMBO Location of Ruiru Division.

Rev.

2010] Local Government CAP.

265 285 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area (33) COUNTY OF KIBISH Comprises Kibish location of Kibish Division.

TURKANA NAITA Comprises Naita and Natapar locations of Kibish Division.

KAIKOR Comprises Kaikor location of Kaaleng Division.

YAPAKUNO Comprises Yapakuno location of Kaaleng Division.

LORUTH ESEKON Comprises Loruth Esekon location of Kaaleng Division.

KOKURO Comprises Kokuro location of Lapur Division.

KAREBUR Comprises Karebur location of Lapur Division.

MEYAN Comprises Meyan location of Lapur Division.

KAERIS Comprises Kaeris location of Kaaleng Division.

LOKITAUNG Comprises Lokitaung Location of Lokitaung Division.

RIOKOMOR Comprises of Riokomor location of Lokitaung Division.

NGISSIGER Comprises Ngissiger location of Lokitaung Division.

KATABOI Comprises Kataboi location of Lokitaung Division.

LORAU Comprises Lorau location of Lokichoggio Division.

SONGOT Comprises Songot location of Lokichoggio Division.

NANAAM/MOGILA Comprises Nanaam and Mogila locations of Lokichoggio Division.

LOKICHOGGIO Comprises Lokichoggio Location of Lokichoggio Division LOTETELEIT Comprises Loteteleit Location of Lokichoggio Division.

286 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAKUMA Comprises Kakuma location of Kakuma Division.

PELEKECH/ Comprises Nakalale and Pelekech locations NAKALALE of Kakuma Division.

KALOBEYEI Comprises Kalobeyei location of Oropoi Division.

LORENG Comprises Loreng and Letea locations of Oropoi Division.

KALOKOL Comprises Kalokol sub-location of Kalokol location, Kalokol Division.

KAPUA/ Comprises Kapua and Namadak sub- NAMADAK locations of Kalokol Location, Kalokol Division.

KANGATOTHA Comprises Namukuse and Kangatotha locations of Kalokol Division.

Comprises Lorengelup and Kerio Location KERIO of Kerio Division KANGIRISAE Comprises Kangirisae location of Kerio Division NADAPAL Comprises Nadapal location of Turkwel Division.

LOMEYAN Comprises Lomeyan location of Turkwel Division.

LOIMA Comprises Loima location of Loima Division.

LOKIRIAMA Comprises Lokiriama Location of Loima Division.

LORENGIPPI Comprises Lorengippi location of Loima Division KOTARUK Comprises Kotaruk location of Turkwel Division.

LOBEI Comprises Kalemnyang and Lobei sub- locations of Lorugum location of Turkwel Division.

KALAPATA Comprises Lochwangamatak and Kalapata locations of Lokichar Division.

Rev.

2010] Local Government CAP.

265 287 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area LOKICHAR Comprises Lokichar location of Lokichar Division.

KOCHODIN Comprises Kochodin and Lochakula locations of Lokori Division.

LOKORI Comprises Lokori (Ngibilae) location of Lokori Division.

LOBOKAT Comprises Lobokat (Kainuk) location of Kainuk Division.

KAPUTIR Comprises Kaputir location of Kainuk Division.

KATILU Comprises Katilu location of Katilu Division.

NAPEITOM Comprises Napeitom and Kamuge locations of Lomelo Division.

KAPEDO Comprises Lomelo, Nadome and Kapedo locations of Lomelo Division.

KATILIA Comprises Katilia location of Lokori Division.

LOBEI Comprises Lobei and Kalemnyang Sub- locations of Lorugum location of Turkwel Division MUNICIPALITY OF KENYATTA Comprises Nakwamekwi and part of Lodwar LODWAR Town Sub-locations of Lodwar location, Central Division.

KAWALASE Comprises part of Lodwar Town Sub-location of Lodwar location, Central Division.

NAPETET Comprises part of Napetet sub-location of Lodwar Location of Central Division.

NAKWANGA Comprises part of Napetet Sub-location of Lodwar location, Central Division.

NAPUU Comprises Nawaitorong Sub-location of Kanamkemer location, Central Division.

KANAMKEMER Comprises Kanamkemer Sub-location of Kanamkemer location of Central Division.

288 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area (34) COUNTY OF AKORET Comprises Akoret location of Alale POKOT division.

LOKITANYALA Comprises Lokitanyala location of Alale division.

KALAPATA Comprises Kalapata and Alale locations of Alale division.

CHEMORONGIT Comprises Chemorongit location of Alale division.

KASES Comprises Kases location of Alale division.

KIWAWA Comprises Kiwawa location of Alale division.

LOPET Comprises Lopet and Kaptolomwo locations of Kasei division.

KASEI Comprises Kasei and Korpu locations of Kasei division.

KODICH Comprises Lokichar and Kodich Locations of Kacheliba division.

KAPCHOK Comprises Kapchok location of Kacheliba division.

SUAM Comprises Suam and Kopulio locations of Kacheliba division.

PTOYO Comprises Ptoyo location of Chepareria division.

ENDUGH Comprises Endugh location of Chepareria division.

TAMUGH Comprises Tamugh location of Chepareria division.

NAKWIJIT Comprises Nakwijit location of Chepareria division.

CHEKOMOS Comprises Chekomos location of Chepareria division.

SOOK Comprises Sook location of Chepareria Division.

CHEPKOPEGH Comprises Chepkopegh location of Chepareria division.

Rev.

2010] Local Government CAP.

265 289 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KERINGET Comprises Keringet location and part of Tartar sub-location of Mnagei location of Kapenguria division.

KAPENGURIA Comprises Chemochoi location, parts NORTH of Lityei, Kisiaunet and Sukut Sub- locations of Kisiaunet location and Kaprom Sub-location of Kapkoris location of Kapenguria division.

RIWO Comprises Riwo and Serewo locations of Kongelai division.

KANYARKWAT Comprises Kanyarkwat location of Kongelai division.

MISKWONY Comprises Miskwony location of Kongelai division.

PORKOYU Comprises Porkoyu location of Sigor division.

SEKERR Comprises Sekerr location of Sigor division MASOL Comprises Masol location of Sigor division.

SEKEROT Comprises Sekerot location of Chesegon division.

LOMUT Comprises Mosop and Lomut locations of Chesegon division.

CHEPTULEL Comprises Chepkokogh and Cheptulel locations of Chesegon division.

WEIWEI Comprises Weiwei location of Sigor division.

KOPRO Comprises Kopro location of Sigor division.

MWINO Comprises Mwino location of Sigor division.

SONDANY Comprises Sondany location of Tapach division.

BATEI Comprises Batei location of Chepareria division.

290 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area PARUA Comprises Parua location of Chepareria division.

TAPACH Comprises Tapach and Chebon locations of Tapach division.

KAPTABUK Comprises Kaptabuk location of Lelan division.

LELAN Comprises Lelan location of Lelan division.

KAPYONGEN Comprises Kapyongen location of Lelan division.

MUNICIPALITY OF KERINGET/PSIGIRIO Comprises Keringet, Psigirio and part of KAPENGURIA Tartar Sub-locations of Mnagei location of Kapenguria division.

KISIAUNET Comprises parts of Kisiaunet, Lityei and Sukut sub-locations of Kisiaunet location and part of Tartar Sub-location Mnagei location of Kapenguria division.

CHEMWOCHOI Comprises Tilak and Chemwochoi Sub- locations of Kapkoris location of Kapenguria division.

SIYOI Comprises Kaisakat location of Kapenguria division.

TALAU Comprises Talau location of Kapenguria division.

KAPENGURIA Comprises Kapenguria location of Kapenguria division KAIBOS Comprises Kaibos location of Kapenguria division TOWNSHIP OF SENETWO Comprises Senetwo location of Chepareria CHEPARERIA division.

CHEPARERIA/ Comprises part of Kipkomo location of KOSULOL Chepareria division.

YWALATEKE Comprises Propoi and Ywalateke Sub- locations of Ywalateke location of Chepareria division.

KAPCHEMOGEN Comprises Kapchemogen and Mongorion Sub-locations of Ywalateke location of Chepareria division.

Rev.

2010] Local Government CAP.

265 291 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area (35) COUNTY OF NYIRO WEST Comprises Parkati and Tuum Locations of SAMBURU Nyiro Division.

NYIRO EAST Comprises South Horr Location of Nyiro Division.

NYIRO SOUTH Comprises Uaso Rongai location of Nyiro Division.

KAWAP Comprises Kawap Location of Nyiro Division.

ARSIM Comprises Arsim Location of Nyiro Division.

NDOTO Comprises Ndoto Location of Baragoi Division.

BARAGOI Comprises Baragoi Location of Bargoi Division.

NACHOLA Comprises Nachola Location of Baragoi Division.

EL-BARTA Comprises El-Barta and Sulubei (Suyan) Locations of Baragoi Division.

MARTI Comprises Marti Location of Baragoi Division.

PORO Comprises Poro and Sirata Oirobi Locations of Kirisia Division.

ANGATA NANYOKIE Comprises Angata Nanyokie Location of Kirisia Division.

BARSALOI Comprises Barsaloi Location of Kirisia Division.

OPIROI Comprises Opiroi and Lbukoi Locations of Kirisia Division.

LOOSUK Comprises Loosuk Location of Kirisia Division.

LODOKEJEK Comprises Lodokejek and Kirimum Locations of Lorroki Division BAAWA Comprises Baawa Location of Lorroki Division.

SUGUTA MARMAR Comprises Suguta Marmar Location of Lorroki Division.

292 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area AMAIYA Comprise Amaiya location of Lorroki Division NAIRIMIRIMO Comprises Nairimirimo Location of Wamba Division.

NGARE NAROK Comprises Ngare Narok and Ngilai Central Locations of Wamba Division.

NGILAI WEST Comprises Ngilai West Location of Wamba Division.

NGARONI Comprises Nagaroni location of Wamba Division.

LODUNGOKWE Comprises Lodungokwe Location of Wamba Division.

WAMBA Comprises Wamba and Koiting Locations of Wamba Division.

SERE-OLIPI Comprises Ndonyo Wuasin and Sere-Olipi Locations of Waso Division.

WASO EAST Comprises Waso East Location of Waso Division.

WASO WEST Comprises Waso West Location of Waso Division.

KISIMA Comprises Kisima location of Lorroki Division.

LATAKWENY Comprises Latakweny Location of Baragoi Division.

TOWNSHIP OF LPARTUK Comprises parts of Lpartuk and Milimani MARALAL Sub-Locations of Maralal Urban Location of Kirisia Division.

MILIMANI Comprises parts of Lpartuk and Milimani sub-locations of Maralal Urban Location of Kirisia Division.

BIASHARA Comprises Maralal Town sub-location of Maralal Urban Location of Kirisia Division.

LKORROTO Comprises Lkorroto sub-location of Maralal Urban Location of Kirisia Division.

Rev.

2010] Local Government CAP.

265 293 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area SHABAA Comprises parts of Shabaa and Ngari Sub- Locations of Maralal Urban Location of Kirisia Division.

NGARI Comprises Ledero and parts of Milimani, Shabaa and Ngari Sub-Locations of Maralal Urban Location of Kirisia Division.

(36) COUNTY OF CHEPCHOINA Comprises Twiga and Kiptongot sub- NZOIA locations of Chepchoina Location of Kwaza Division.

MUMBERES Comprises Mumberes sub-location of Kaibei Location of Kwanza Division.

ENDEBESS Comprises Endebess Location of Kwanza Division.

KAPKOI Comprises Kapkoi and Kolongolo sub- location of Kapomboi location, Kwanza Division.

KAPOMBOI Comprises Kapomboi and Kobos sub- location of Kapomboi location, Kwanza Division.

KWANZA Comprises Kwanza location, Kwanza Division.

KEIYO Comprises Keiyo sub-location of Kwanza Location, Kwanza division.

KAISAGAT Comprises Kaisagat Location of Kwanza Division.

KAPSITWET Comprises Namanjalala location of Central Division and Kapsitwet Sub- location of Kwanza location, Kwanza Division.

MATISI Comprises Matisi Location of Central Division.

KINYORO Comprises Kinyoro Location of Saboti Division.

KISAWAI Comprises Kisawai and Kiboroa Locations of Saboti Division.

SABOTI Comprises Saboti Location of Saboti Division.

294 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MACHEWA Comprises Machewa location of Saboti division.

SIKHENDU Comprises Sikhendu location of Saboti Division.

KIMININI Comprises Kiminini sub-location of Kiminini location, Kiminini Division.

NABISWA Comprises Nabiswa sub-location of Kiminini location, Kiminini Division.

WAITALUK Comprises Kapkoi Sisal sub-location of Waitaluk location, Central Division.

SIRENDE Comprises Sirende sub-location of Waitaluk location Central division.

KAPLAMAI Comprises Kaplamai Location of Kaplamai Division.

MAKUTANO Comprises Makutano location of Kaplamani division.

MOTOSIET Comprises Motosiet location of Kaplamai division.

SINYERERE Comprises Sinyerere Location of Kaplamai Division.

SITATUNGA Comprises Sitatunga location of Kaplamai Division.

CHERANGANI/ Comprises Cherangani and Suwerwa SUWERWA locations of Cherangani division.

KIPTOROR Comprises Kiptoror and Milimani locations of Cherangani division.

CHEPSIRO Comprises Chepsiro location of Cherangani division.

KAPTEGA Comprises Kaptega Sub-location of Chepchoina Location, Endebess Division.

MATUMBEI Comprises Matumbei sub-location of Kaibei Location of Endebess Division.

MUNICIPALITY OF MUMIA Comprises Part of Bondeni Sub-Location KITALE of Kitale Township Location of Central Division.

Rev.

2010] Local Government CAP.

265 295 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area MASABA Comprises Part of Bondeni Sub-Location of Kitale Township Location of Central Division.

TUWANI Comprises Tuwani Sub-Location of Kitale Township Location of Central Division.

Comprises Part of Bondeni Sub-Location SOKONI of Kitale Township Location of Central Division.

KIPSONGO Comprises Part of Kipsongo Sub-Location of Kitale Township Location of Central Division.

MILIMANI Comprises Part of Naisambu and Milimani Sub-Locations of Kibomet Location, Municipality Division.

KIBOMET Comprises Part of Naisambu and Milimani Sub-Locations of Kibomet Location , Municipality Division.

HOSPITAL Comprises Part of Bidii Sub-Location of Kibomet Location of Central Division.

WEBUYE Comprises Part of Bidii Sub-Location of Municipality Location of Central Division.

LESSOS Comprises Part of Bidii Sub-Location of Municipality Location of Central Division.

(37) COUTY OF MOIS BRIDGE Comprises Mois Bridge sub location of WARENG NORTH Mois Bridge Location of Soy Division.

MOIS BRIDGE Comprises Matunda sub-location of Mois SOUTH Bridge Location of Soy Division.

ZIWA Comprises Sirikwa, Ziwa and Segero Locations of Soy Division.

KOISAGAT Comprises Koisagat and Barsombe Locations of Soy Division.

KIPSOMBA Comprises Kipsomba Location of Soy Division.

SOY Comprises Soy Location of Soy Division.

KIPLOMBE Comprises Kiplombe Location of Soy Division.

296 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAMAGUT Comprises Kamagut Location of Turbo Division.

SUGOI Comprises Sugoi and Sosian Locations of Turbo Division.

TAPSAGOI Comprises Tapsagoi and Kaptebee Locations of Turbo Division.

NGENYILEL Comprises Ngenyilel Location of Turbo Division.

KARUNA Comprises Kaplolo and Karuna Locations of Moiben Division.

MOIBEN Comprises Moiben and Mumetet Locations of Moiben Division.

SERGOIT Comprises Sergoit location of Moiben Division.

TEMBELIO Comprises Tembelio, Koitoror and Kimoning Locations of Moiben Division.

KAPTAGAT Comprises Kaptagat and Kipsinende Locations and Kapsoya Sub-Location (Part) of Kapsoya Location, Ainabkoi Division.

KIPKABUS Comprises Chepkero, Plateau and Kipkabus Locations of Ainabkoi Division.

AINABKOI Comprises Ainabkoi and Kapngetuny Locations of Ainabkoi Division.

SIMAT/ Comprises Simat and Kapsaret Locations of KAPSARET Kapsaret Division.

NGERIA Comprises Ngeria Location of Kapsaret Division.

MEGUN/ Comprises Kesses and Megun Locations of KESSES Kesses Division.

CHEPTIRET Comprises Cheptiret and Kapkoi Locations of Kesses Division.

TULWET/ Comprises Tulwet and Chuiyat Locations of CHUIYAT Kesses Division.

OLEINGUSE Comprises Oleinguse Location of Kesses Division.

Rev.

2010] Local Government CAP.

265 297 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area TIMBOROA Comprises Timboroa Location of Kesses Division.

KIPCHAMO Comprises Kipchamo Location of Kesses Division.

MOIBEKI Comprises Moibeki Location of Moiben Division.

MUNICIPALITY OF KAMUKUNJI Comprises part of Kapsaos Sub-Location ELDORET of Kapyemit Location, Turbo Division and parts of Kilimani and Kamukunji sub-locations of Kibulgen Location, Soy Division.

KAPYEMIT Comprises part of Kapsaos Sub-Location of Kapyemit Location of Turbo Division and part of Kilimani sub-location of Kibulgen Location of Soy Division.

SHAURI YAKO Comprises part of Huruma sub-location of Kapyemit location of Turbo division.

MARKET Comprises part of Huruma sub-location of Kapyemit Location, Turbo division.

STADIUM/ Comprises parts of Kilimani and Kamukunji INDUSTRIAL Sub-Locations of Kibulgen Location, Soy Division.

KIDIWA/ Comprises parts of Kamukunji and Kilimani KAPSUSWA Sub-Locations of Kibulgen Location, Soy Division.

HOSPITAL Comprises part of Sigot Sub-Location of Chepkoilel Location, Moiben Division and part of Kapsoya sub-location of Kapsoya Location, Ainabkoi Division.

KAPSOYA Comprises parts of Sigot and Kimumu Sub-Locations of Chepkoilel Location Moiben Division and part of Kapsoya Sub-Location of Kapsoya Location, Ainabkoi Division.

KIMUMU/ Comprises part of Sigot and Kimumu Sub- SERGOIT Locations of Chepkoilel Location of Moiben Division.

298 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIPKENYO Comprises part of Langas sub-location of Pioneer Location, Kapsaret Division.

ELDORET NORTH Comprises part of Kamukunji sub-location of Kibulgen location, Soy Division.

LANGAS Comprises part of Langas Sub-Location of Pioneer Location, Kapsaret Division.

RACECOURSE Comprises part of Langas Sub-Location of Pioneer Location, Kapsaret Division.

PIONEER/ Comprises part of Langas Sub-Location of ELGON VIEW Pioneer Location, Kapsaret Division.

TOWNSHIP OF TARAKWA Comprises Tarakwa Sub-Location of Tarakwa BURNT FOREST Location, Kesses Division.

SIMOTWA Comprises Simotwa and Lingwai Sub- Locations of Tarakwa Location, Kesses Division.

OLARE Comprises Olare Location, of Ainabkoi Division.

CHEPNGOROR Comprises Chepngoror Location of Ainabkoi Division.

(38) COUNTY OF KAPCHEMUTWA Comprises Kapchemutwa location of KEIYO Kamariny Division.

KOKWAO Comprises Kokwao Location of Tambach Division.

KAMOGICH Comprises parts of Siroch, Anin, Rimoi and Kessup Sub-locations of Kamogich location of Tambach Division.

KIPTUILONG Comprises parts of Setek, Kapterik and Kipka Sub-locations of Kiptuilong location of Tambach Division.

KEU Comprises Keu location of Tambach Division.

MUTEI Comprises Mutei location of Kamariny Division CHEPSIGOT Comprises Chepsigot and Epke locations of Soy Division.

Rev.

2010] Local Government CAP.

265 299 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KIBARGOI Comprises Kibargoi location of Soy Division.

SOY Comprises Soy location of Soy Division.

CHEMOIBON Comprises Chemoibon location of Soy Division.

KOCHOLWO Comprises Kocholwo location of Metkei Division.

METKEI Comprises Metkei and Kapkwony locations of Metkei Division.

KAMWOSOR Comprises Kamwosor location of Metkei Division.

KAPTARAKWA Comprises Kaptarakwa location of Chepkorio Division.

MOSOP Comprises Mosop location of Chepkorio Division.

MARICHOR EAST Comprises Cherota, Lelboinet Samich and Kamelil sub-locations of Marichor location, Chepkorio Division.

MARICHOR WEST Comprises Flax and Chepkorio sub-locations of Marichor location, Chepkorio Division.

KABIEMIT Comprises Kabiemit location of Chepkorio Division.

NYARU Comprises Nyaru location of Chepkorio Division.

TUMEIYO Comprises Tumeiyo location of Metkei Division.

KITANY Comprises Kitany location of Chepkorio Division.

MAOI Comprises Maoi Location of Metkei Division.

TOWNSHIP OF ITEN/ IRONG Comprises Chebokokwa and Kapkessum TAMBACH Sub-locations of Cheboror location and Kiptabus and part of Sergoit Sub-locations of Irong location, Kamariny Division.

300 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAPKONGA Comprises Kamoi location of Kamariny Division.

CENTRAL Comprises Mindililwo and Iten Township Sub-locations of Cheboror and Irong Locations respectively of Kamariny Division.

SERGOIT Comprises Kaplamai, Sergoit and Katalel Sub-locations of Irong location of Kamariny Division.

KESSUP Comprises parts of Anin, Siroch, Rimoi and Kessup Sub-locations of Kamogich location of Tambach Division.

KAPTERIK Comprises parts of Setek, Kapterik and Kipka Sub-locations of Kiptuilong location of Tambach Division.

(39) COUNTY OF ENDO Comprises Endo and Kaben locations of MARAKWET Tot Division.

KOIBIRIR Comprises Koibirir location of Tot Division.

MOKORO Comprises Mokoro location of Tot Division.

MURKUTWO Comprises Murkutwo location of Tot Division.

MON Comprises Mon and Kibaimwa locations of Tunyo Division.

EMBOBUT Comprises Embobut location of Tirap Division.

EMBOLOT Comprises Embolot location of Tirap Division.

KIPKANER Comprises Kipkaner location of Tirap Division.

SAMBIRIR Comprises Sambirir and Koibatek locations of Tirap Division.

KAPYEGO Comprises Kapyego location of Kapyego Division.

KAPTICH Comprises Kaptich location of Kapyego Division.

Rev.

2010] Local Government CAP.

265 301 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area LELAN Comprises Lelan and Kapkochur locations of Kapcherop Division.

SENGWER Comprises Sengwer location of Kapcherop Division.

KAMOI Comprises Kapterit and Kamoi locations of Kapcherop Division.

CHERANGANY Comprises Cherangany and Koisungur locations of Kapcherop Division.

CHEBORORWA Comprises Chebororwa location of Kapcherop Division.

KUSERWO Comprises Kuserwo location of Chebiemit Division.

MOIBEN Comprises Moiben location of Chebiemit Division.

KAPSOWAR Comprises Kapsowar location of Kapsowar Division.

KIPSAIYA Comprises Kipsaiya location of Kapsowar Division.

KOIBARAK Comprises Koibarak location of Kapsowar Division.

ARROR Comprises Arror location of Tunyo Division.

CHESUMAN Comprises Chesuman location of Tunyo Division.

(40) COUNTY CHEPTERWAI Comprises Chepterwai and Kamasai locations OF NANDI of Kipkaren Division.

NORTH SURUNGAI Comprises Kapkoimur, Surungai and Kipngoror locations of Kipkaren Division.

KURGUNG Comprises Kurgung and Kaptich locations of Kipkaren Division.

KIPKAREN Comprises Kipkaren Salient location of Kipkaren Division.

NDALAT Comprises Kabiemit and Ndalat locations of Kipkaren Division.

302 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KABIYET Comprises Lolkeringet, Kamasia and Kabiyet locations of Kabiyet Division.

KABISAGA Comprises Kabisaga location of Kabiyet Division.

SANGALO Comprises Sangalo location of Kabiyet Division.

KEBULONIK Comprises Kebulonik location of Kabiyet Division.

LELMOKWO Comprises Lelmokwo, Itigo, Biribiriet and Sigot locations of Kosirai Division.

MUTWOT/NGECHEK Comprises Mutwot, Kokwet and Ngechek locations of Kosirai Division.

CHEPKUMIA Comprises Chepkumia location of Kapsabet Division.

KAMOIYWO Comprises Kamoiywo location of Kapsabet Division.

KAPSISIYWA Comprises Kapsisiywa location of Kapsabet Division.

KAPTEL Comprises Kaptel location of Kapsabet Division.

KIPTUIYA Comprises Kiptuiya location of Kapsabet Division.

KAPKANGANI Comprises Kapkangani location of Kapsabet Division.

KOSIRAI Comprises Kosirai location of Kosirai Division.

KILIBWONI NORTH Comprises Kilibwoni, Terige, Tulon and Lolminingai locations of Kilibwoni Division.

ARWOS Comprises Kaplamai and Arwos locations of Kilibwoni Division.

MUNICIPALITY OF CHEMUNDU/KAPTI Comprises Chemundu location of Kapsabet KAPSABET LDIL Division.

KAPSABET Comprises Kapngentuny and Kapsabet Town Sub-locations of Kapsabet Location of Kapsabet Division.

Rev.

2010] Local Government CAP.

265 303 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KAMOBO Comprises Kamobo and Kamurguiywo Sub- locations of Kapsabet location of Kapsabet Division.

KIMINDA Comprises Meswo and Kiminda Sub- locations of Kapsabet location of Kapsabet Division.

CHEPTERIT Comprises Chepterit location of Kosirai Division.

KIPTURE/ Comprises Kipture location of Kilibwoni IRIMIS KIMAAM Division.

KIPSIGAK/KIPSOTOI Comprises Kipsigak location of Kilibwoni Division.

KABIRIRSANG Comprises Kabirirsang location of Kilibwoni Division.

(41) COUNTY OF KABWARENG Comprises Kemeloi and Bonjoge locations NANDI of Aldai Division.

KEMELOI Comprises Kamimei and Chebugundi sub- locations of Mugen Location, Aldai Division.

KAPKEMICH Comprises Kapkemich, Mugen and Tibingot sub-locations of Mugen location, Aldai Division.

TERIK Comprises Terik, Kapkerer and Kapkures locations of Aldai Division.

MARABA Comprises Maraba location of Aldai Division.

KABWARENG/ Comprises Kabwareng and Chebilat locations CHEBILAT of Aldai Division.

NDURIO Comprises Ndurio and Kapkolei locations of Aldai Division.

CHEMASE Comprises Chemase location of Aldai Division.

KAPTUMO Comprises Kaptumo location of Kaptumo Division.

KOYO Comprises Kapsaos and Koyo locations of Kaptumo Division.

304 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KABOI Comprises Kaboi location of Kaptumo Division.

OLLESSOS Comprises Lelwak, Chepkunyuk, Siwo and Kibabet locations of Ollessos Division.

SOCHOI Comprises Koilot and Sochoi locations of Ollessos Division.

KAPCHORWA Comprises Kapchorwa location of Nandi Hills Division.

CHEMELIL Comprises Chemelil location of Nandi Hills Division.

KAPKOROS Comprises Kapkoros and Ainapngetuny locations of Tinderet Division.

METEITEI Comprises Meteitei, Tachasis and Kamelil locations of Tinderet Division.

SONGHOR Comprises Songhor and Kabirer locations of Tinderet Division.

SOBA Comprises Soba, Kapkitony, Kabutiei and Kamelilo locations of Tinderet Division.

TINDERET Comprises Tinderet, Chepkemel and Chemamul locations of Tinderet Division.

TOWNSHIP OF KOSOIYWO Comprises Chemomi and Kosoiywo locations NANDI HILLS of Nandi Hills Division.

KAPNGETUNY Comprises Cheptililik, Kipsebwo and Nandi Hills locations of Nandi Hills Division.

KAPSIMOTWO Comprises Kapsimotwo and Chepsire locations of Nandi Hills Division.

CHEBARUS Comprises Kaplelmet and Chebarus locations of Nandi Hills Division.

SIRET Comprises Siret and Taito locations of Nandi Hills Division.

MOGOBICH Comprises Tartar and Mogobich locations of Nandi Hills Division.

Rev.

2010] Local Government CAP.

265 305 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area (42) COUNTY OF TIRIOKO Comprises Tirioko and Ngoron locations BARINGO of Kolowa division.

KOLOWA Comprises Loiwat and Kolowa locations of Kolowa division.

AKORET Comprises Akoret location of Nginyang division.

RIBKWO/KOSITEI Comprises Ribkwo and Kositei locations of Nginyang division.

LOIYAMOROK Comprises Loiyamorok location of Nginyang division.

SILALE Comprises Silale location of Nginyang division.

TANGULBEI Comprises Tangulbei location of Tangulbei division.

KOROSSI Comprises Korossi location of Tangulbei division.

CHURO Comprises Churo and Kaptuya locations of Tangulbei division.

NGORORA Comprises Ngorora and Kinyach locations of Bartabwa division.

KABOSKEI/KIPKATA Comprises Kaboskei location of Bartabwa division and Kipkata location of Kipsaraman Division.

SIBILO Comprises Sibilo location of Kipsaraman division.

SAIMO NORTH Comprises Kapteberewo location of Kipsaraman division.

KABOSKEI KERIO Comprises Kaboskei Kerio location of Barwessa division.

LAWAN Comprises Lawan location of Barwessa division.

KABUTIEI Comprises Kabutiei location of Barwessa division.

KELYO Comprises Kelyo location of Kabartonjo division.

306 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KATIORIN/SAIMO Comprises Saimo and Katiorin locations of SOUTH Kabartonjo division.

BARTUM Comprises Bartum location of Kabaratonjo division.

KABARNET SOI Comprises Lelmen, Kabarnet Soi, Kapropita Soi and Kiboino locations of Salawa division.

OROKWO Comprises Orokwo location of Kabarnet division.

TALAI/EWALEL Comprises Talai location and Seretunin and Morop sub-locations of Ewalel location, Kabarnet division.

NGET MOI Comprises Kipkaech sub-location of Kituro location and Nget Moi location of Kabarnet division.

KABASIS Comprises Kabasis location of Sacho division.

SACHO SOI Comprises Sacho Soi and Chepkero Locations of Sacho Division.

SACHO MOSOP Comprises Sacho Mosop and Kiponjos locations of Sacho division.

EMOM/KISONEI Comprises Emom and Kisonei locations of Tenges division.

EWALEL SOI/ Comprises Ewalel Soi and Kimondis KIMONDIS locations of Kabarnet Division.

TENGES Comprises Bekibon, Tuluongoi and Tenges Locations of Tenges division.

KIMALEL Comprises Kimalel location of Marigat division.

MARIGAT Comprises Marigat location of Marigat division.

SALABANI Comprises Salabani location of Marigat division.

NGAMBO Comprises Ngambo location of Marigat division.

ILCHAMUS Comprises Ilchamus and Ilngarua locations of Marigat division.

Rev.

2010] Local Government CAP.

265 307 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area LOBOI Comprises Sandai, Kapkuikui and Loboi locations of Marigat division.

MUKUTANI Comprises Mukutani and Kiserian locations of Mukutani division.

CHEBINYINY/ Comprises Chebinyiny and Arabal locations ARABAL of Mochongoi division.

MOCHONGOI Comprises Mochongoi location of Mochongoi division.

KIMORIOT Comprises Kimoriot location of Mochongoi division.

OSSEN Comprises Ossen location of Kabartonjo Division.

MUNICIPALITY OF CHEBANO Comprises Riwo and Chebano sub-locations KABARNET of Ewalel and Kapropita locations respectively of Kabarnet division.

KINYO Comprises Kinyo sub-location of Kapropita location of Kabarnet division.

KAPSOO/ Comprises Kapsoo/Borowonin sub-location BOROWONIN of Kapropita location of Kabarnet division.

SEGUTON Comprises Seguton and Kewamoi sub- locations of Kabarnet Mosop Location of Kabarnet Division.

KAPROGONYA Comprises Kaprogonya and Kapcherebet sub-locations of Kabarnet Mosop location of Kabarnet division.

KITURO Comprises Kituro and Kitumbei/Kaptorokwo sub-locations of Kituro location of Kabarnet division.

(43) COUNTY OF CHEBEREN Comprises Cheberen location of Kimngorom KOI BATEK Division KAKIMOR/ROSOGA Comprises Kakimor and Rosoga locations of Emining Division.

KIMNGOROM/ Comprises Kimngorom location of SIRWA Kimngorom Division and Sirwa location of Sirwa Division.

308 CAP.

265 Local Government [Rev.

2010 [Subsidiary] FIrSt SChedule(Contd.) FIRST COLUMN SeCONd COluMN thIrd COluMN Local authority Name of the Electoral Description of the Electoral Area Area KOIBOS SOI Comprises Koibos Soi location of Emining Division.

EMINING Comprises Emining and Kimose locations of Emining Division.

KAMAR Comprises Koibos and Kamar locations of Mogotio Division.

MUGURINY Comprises Simotwe and Kapkechui locations of Mogotio Division.

KISANANA Comprises Kisanana, Ngendalel and Oldebes locations of Kisanana Division.

OL KOKWE Comprises Ol Kokwe and Kapnosgei locations of Kisanana Division.

SINENDE Comprises Sinende and Kabuswo locations of Kisanana Division.

LEMBUS KIPTOIM Comprises Lembus Ngubereti location of Mogotio Division and Lembus Kiptoim location of Esageri Division.

LEMBUS MOGOTIO Comprises Lembus Mogotio location of Mogotio Division.

LEMBUS TORONGO Comprises Lembus Torongo and Tugumoi locations of Torongo Division.

LEMBUS MOSOP Comprises Lembus Mosop location of Mumberes Division.

MUMBERES Comprises Mumberes location of Mumberes Division.

MAJI MAZURI Comprises Maji Mazuri location of Eldama Ravine Division.

KIPLOMBE Comprises parts of Solian, Lebolos and Kirobon Sub-locations of Sabatia location and Kaplelach, Orinie and Kiplombe Sub- locations of Lembus Kiplombe location of Esageri Division.

SIGORO Comprises Kiptuno, Koisamo and Chemorgong locations of Eldama Ravine Division.

SAOS/KIBIAS Comprises Saos/Kibias location of Eldama Ravine Division