Urban Areas and Cities Act

This Act may be cited as the Urban Areas and Cities Act.

Section 2 provides definitions of terms used in the Act, including 'board', 'Cabinet Secretary', 'capital city', 'city', 'city county', 'Citizen Fora', 'neighbourhood association', 'resident population', 'transition period', and 'urban area'.

County governments must comply with the National Urban Development Policy when implementing this Act.

The county governor may, in consultation with the committee under section 8(2), confer town status on an area that meets the subsection (2) criteria.

The county governor may, with approval of the county assembly, confer market centre status on an area that meets the criteria in subsection (2).

A county governor may initiate market-boundary delineation and must appoint, by notice in the county Gazette, an ad hoc committee to delineate those boundaries; professional associations must nominate their representatives; where boundaries cross counties the Council of Governors shall handle the proposal.

A market centre must be governed and managed by the county government.

An area may be classified as an urban area or city if it satisfies the criteria set out under this Act or any other written law.

The Cabinet Secretary must appoint an ad hoc committee by notice in the Kenya Gazette to delineate boundaries of an urban area or city upon receiving a county request or when the Cabinet Secretary considers it necessary; delineation may be initiated by the Cabinet Secretary or by a county government making a written request.

Lists the criteria an area must meet to be classified as a city, including population, planning, revenue capacity, management, service delivery, resident participation, infrastructure, and waste disposal; and provides that the section does not prevent designation as a special purpose city for areas of significant cultural, economic or political importance.

The capital city of Kenya is Nairobi. It shall be governed and managed like a county government; it must decentralise its functions and services where efficient and practicable; and the two levels of government must enter into an agreement about performance of functions and service delivery, including specified matters.

The President may, on the resolution of the Senate, grant a municipality the status of a city if it meets the criteria in section 5.

Describes the multi-stage process for a municipality to be conferred city status: the municipal board may apply; the county executive committee considers and if it approves the county governor forms an ad hoc committee; that committee recommends to the county assembly; if the county assembly approves the clerk sends the resolution to the senate; if the senate approves the clerk forwards it to the President for conferment.

The county governor may, on a county assembly resolution, confer municipal status on a qualifying town by granting a charter; the county governor must confer special municipality status on the county headquarters even if it does not meet the population threshold.

Recognise and respect the constitutional status of county governments.

Section 12 specifies the structures (a board constituted under section 13 or 14, a manager appointed under section 28, and other staff determined by the county public service), lists acts such as suing, holding property, borrowing, investing and entering contracts, and states that governance and management of a city county shall follow the law relating to county governments.

Sets the composition of a city board (not more than 11 members) and requires certain appointments by the county governor with county assembly approval; the executive committee must ensure gender equity and representation when appointing.

The county public service board must appoint a Secretary to the city board by competitive process; the Secretary serves a five-year term and has specified duties and qualifications.

A municipal board must have nine members appointed by the county governor with the county assembly's approval; the county governor must ensure gender equity and representation of persons with disabilities, youth and marginalised groups; the municipal manager appointed under section 28 is the board secretary and an ex officio member.

A member of a board must hold office for a term of five years on a part-time basis.

Vacation of office when a person is unable to perform the functions of the office by reason of mental or physical infirmity.

Each board must have a Chairperson and vice-chairperson elected by its members at the first meeting and whenever a vacancy arises; they must be of opposite gender and hold office for five years; the Chairperson leads the board and chairs meetings and the vice-chairperson acts for the Chairperson when absent.

Persons holding office as Chairperson, vice-chairperson or board member may be removed on the grounds listed in section 16; removal may be effected by the county governor, by the board with at least a two‑thirds vote, or upon petition by residents; a resident may file a written petition with the board for removal; the procedure is to be provided by regulations.

A vacancy in the office of Chairperson, vice-chairperson or a member of the board must be filled in accordance with section 13 or 17 of this Act, with necessary modification.

Section 20 lists numerous governance and management functions assigned to a board of a city or municipality, including overseeing affairs, planning, land use control, infrastructure development, database maintenance, contracting, budgeting, revenue collection where delegated, and public transport regulation.

Section 21 lists powers of boards of cities and municipalities, including exercising delegated executive authority, providing services, imposing fees authorised by county government, promoting constitutional values, implementing policies, making by-laws, enabling public participation, and other delegated powers; subsection (2) requires the board to exercise delegated executive authority necessary to perform its functions.

Boards must invite petitions from Citizen Fora, make recommendations from those Fora to the manager, and managers must report decisions on petitions or presentations.

A board must meet once every three months; the Chairperson may convene special meetings and must do so if at least one-third of members request in writing to deal with urgent business.

Boards must publish and publicise important information affecting their city or urban area; they may direct requests to designated officers, charge reasonable fees, and impose confidentiality; several grounds permit refusal; members and employees must sign confidentiality agreements.

The Chairperson, vice-chairperson and members of a board or town committee shall not receive a salary from the board or town committee but shall be paid allowances and benefits as determined by the county executive committee with the approval of the county assembly and on the advice of the Salaries and Remuneration Commission.

Establish such committees for any general or special purpose which, in its opinion, would regulate or manage its affairs more efficiently and as may be necessary for the performance of its functions under this Act;

A city county must be governed and managed in the same manner as a county government under the County Governments Act (Cap. 265).

Every city or municipality must have a city or municipal manager who implements the board's decisions and functions and is answerable to the board.

The county public service board must competitively recruit and appoint a city or municipal manager.

Specifies the qualifications required for appointment as a city or municipal manager: Kenyan citizenship; a degree from a university recognised in Kenya or its equivalent; at least ten years proven experience in administration or management in the public or private sector; and consideration of gender equity, inclusion of minorities and marginalised communities, and satisfaction of Chapter Six of the Constitution.

The county governor must appoint the town committee members listed in subsection (1), and those members are described by the categories and by the qualifications and disqualifications set out in subsections (3) and (4).

The town committee must perform the functions that section 20(1) assigns to the board of a city or municipality.

Every town shall have an administrator who is appointed by the county public service board; the administrator must perform functions determined by the town committee; eligibility requirements are set out in subsection (3).

Boards must deliver county services as specified by law; city or municipal boards may establish operational sectors and service delivery entities with county executive committee approval; county assemblies may legislate on establishing service delivery entities.

Boards may enter partnerships (including internationally) with utility companies with county approval; cities and municipalities may jointly provide and finance cross-city services; boards may contract private entities with county assembly approval; if contracting, boards must comply with the Public Procurement and Disposal Act (Cap. 412C).

The provisions of this Part apply, with necessary modifications, to delivery of services in towns by the town committee.

Residents may object to partnerships or joint ventures under section 33 in accordance with regulations made under the Act.

County governments must start an urban planning process for every settlement with at least two thousand residents.

A city or urban area integrated development plan must be aligned to county governments' development plans and strategies.

A city or urban area must prepare an integrated city or urban area development plan in accordance with the Third Schedule to this Act.

A board or town committee must, within the first year of its election, adopt a single inclusive strategic development plan; the plan may be reviewed during the term and remains in force until a succeeding board adopts a new plan, and the incoming board must ensure viable projects are continued or completed. The board or committee must publicise the adoption, make copies available for inspection and provide a summary.

a board’s or committee’s vision for the long term development of the city or urban area with special emphasis on the board’s or committee’s most critical development needs;

The manager or administrator must submit to the executive committee a copy of the integrated development plan as adopted by the board or committee within twenty one days of the adoption or amendment.

A city or municipal board must annually review its integrated development plan to assess performance and may amend the plan if it considers it necessary.

The section lists sources of a board's funds, says that when an urban area or city enters a joint venture the joint venture monies are to be set by a joint budget, and requires payments from a board's funds to be provided for in approved estimates and authorized by the board or town committee.

A board or town committee must have a financial year of twelve months ending on 30 June each year.

A board or town committee must cause estimates of its revenue and expenditure to be prepared three months before the start of each financial year.

Boards or town committees must keep proper accounting records; the Auditor‑General must prepare the financial audit required by the Public Audit Act and send copies of the report to the relevant board and County Executive Committee.

If the manager or the administrator of a board fails to table the report, any other person authorised by the county governor must lay that report.

The board must post its audited annual financial statement in full in a conspicuous place in the board’s offices, or in two widely circulated newspapers and on the board’s website.

All officers of a board must subscribe to an existing pension scheme approved by the Retirement Benefits Authority on the commencement of this Act.

If an officer employed by a board learns that the board is making or proposing a contract in which the officer has a direct or indirect pecuniary interest (other than one to which the officer is a party), the officer must as soon as practicable give written notice to the board disclosing that interest.

The Board must give the county executive copies of any proceedings or minutes of the board or its committees within twenty one days after the minutes are confirmed.

Specified city or municipal board officials and persons acting under the board are protected against personal liability, except that a person who misappropriates or authorises unlawful use of funds is accountable for and must make good any loss arising from that use.

The Cabinet Secretary may make regulations to implement this Act or prescribe matters required by it.

During the transition period, assessment shall be undertaken on the existing urban areas and cities to determine if they meet the criteria for classification as urban areas or cities under this Act, and they shall be classified accordingly.

Rights, assets and liabilities related to properties vested in local authorities under the repealed Local Government Act, which is repealed after the first election under the Constitution, shall be dealt with as provided by law.

Existing directions, resolutions, orders, authorizations, licences and permits issued by the local authorities under the repealed Local Government Act are deemed to have been given, issued or made by the boards established under this Act until they expire, are amended or repealed.

People who immediately before this Act commenced were officers, agents, or staff of a local authority shall, on commencement of the Act, be seconded or otherwise deployed as may be provided by law.

Acts, matters, things, and contracts lawfully done by any local authority before this Act commences continue in force and are vested in a body established by law unless and until affected by this Act.

Legal rights, causes of action, and defences, appeals or references filed by or against any local authority continue to be sustained as they were before this Act commenced.

Municipalities of Mombasa and Kisumu that existed immediately before this Act commenced are deemed to be cities established under this Act.

Urban areas and cities may continue to impose rates and charges under the existing law until a new law on rates and charges is enacted.