Kenya Act or statute

Parliament of Kenya

Urban Areas and Cities Act

Jurisdiction: Kenya
Structure: 68 provisions
Citation: Cap. 275
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the 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, 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.

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PRELIMINARY - 1. Short title

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

Section 1

GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 13A. Appointment of Secretary of the Board of a city

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.

Section 13A

GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 30. Qualifications for appointment of city or municipal manager

Section 30

FINANCIAL PROVISIONS - 44. Financial year

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

Section 44

TRANSITIONAL PROVISIONS - 61. Charges and rates

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.

Section 61

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Showing 68 of 68 provisions

Provision 55Commencement 8Amendment 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section 1(1) This Act may be cited as the Urban Areas and Cities Act. Section 1(2) Spent. Section 1(3) Spent.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationCommencement

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'.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "board" means the board of a city or municipality constituted in accordance with sections 13 and 14 of this Act; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to urban areas and cities; "capital city" means a city conferred with the status of a capital city under this Act; "city" means and area conferred with the status of a city under section 8 of this Act; "city county" means a county which is also a city under this Act; "Citizen Fora" means a forum for citizens organised for purposes of participating in the affairs of an urban area or a city under this Act; "neighbourhood association" means a registered cluster of residents groupings actively representing the interests of a recognised constituency of urban citizens within the defined urban jurisdiction; "resident population" means the core urban and peri-urban population of an urban area or city according to the final gazetted results of the last population census carried out by an institution authorized under any written law, preceding the application for grant of any status; "transition period" means the period between the commencement of this Act and three years after the first general elections; and "urban area" means a municipality, a town or a market centre. Section 2(2) Spent. [Act No. 3 of 2019 , s. 2.]

Section 2Verify source

§ 3PRELIMINARY - 3. Objects and purposes of the ActProvision

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

Section 3. Objects and purposes of the Act Section 3(1)(a) classification of areas as urban areas or cities; Section 3(1)(b) governance and management of urban areas and cities; Section 3(1)(c) participation by the residents in the governance of urban areas and cities; and Section 3(1)(d) other matters for the attainment of the objects provided for in paragraphs (a) to (c). Section 3(2) In implementing this Act, county governments shall comply with the National Urban Development Policy. [Act No. 3 of 2019 , s. 3.]

Section 3Verify source

Part II

CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES

§ 10CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 10. Eligibility for grant of a town statusProvision

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.

Section 10. Eligibility for grant of a town status Section 10(1) The county governor may, in consultation with the committee constituted under section 8 (2), confer the status of a town on an area that meets the criteria set out in subsection (2). Section 10(2)(a) a population of at least two thousand residents according to the final gazetted results of the latest population census carried out by an institution authorized under any written law, preceding the grant; Section 10(2)(b) demonstrable economic, functional and financial viability; Section 10(2)(c) the existence of an integrated development plan in accordance with this Act; Section 10(2)(d) has the capacity to effectively and efficiently deliver its services to its residents and has in existence, the services provided in the First Schedule; Section 10(2)(e) sufficient space for expansion.

Section 10Verify source

§ 10ACLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 10A. Eligibility for grant of the status of market centreProvision

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

Section 10A. Eligibility for grant of the status of market centre Section 10A(1) The county governor may, upon approval of the county assembly, confer the status of a market centre on an area that meets the criteria set out in subsection (2). Section 10A(2)(a) a resident population of at least two thousand residents; and Section 10A(2)(b) an integrated urban area development plan in accordance with this Act and any other existing law.

Section 10AVerify source

§ 10BCLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 10B. Delineation of boundaries of a marketProvision

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.

Section 10B. Delineation of boundaries of a market Section 10B(1) Delineation of the boundaries of a market may be initiated by a county governor. Section 10B(2) The county governor shall, for the purpose of subsection (1), appoint by notice in the county Gazette an ad hoc committee to delineate the boundaries of a market. Section 10B(3)(a) a representative of the Independent Electoral and Boundaries Commission based at the county office, who shall be the Chairperson; Section 10B(3)(b) the county department for the time being responsible for urban development who shall be the secretary; Section 10B(3)(b)(i) the county department for the time being responsible for urban development who shall be the secretary; Section 10B(3)(b)(ii) the county department for the time being responsible for environment; Section 10B(3)(c) a representative of the national government based at the county office; Section 10B(3)(d) Institute of Surveyors of Kenya; and Section 10B(3)(d)(i) Institute of Surveyors of Kenya; and Section 10B(3)(d)(ii) Kenya Institute of Planners. Section 10B(4) Each professional association shall nominate its representative referred to under subsection (3)(d) for appointment by the county governor. Section 10B(5) Where the boundaries of a market extend to more than one county, the membership of the ad hoc committee shall include representatives of the relevant counties and the proposal for delineation of the boundaries shall be handled by the Council of Governors. [Act No. 3 of 2019 , s. 7.]

Section 10BVerify source

§ 10CCLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 10C. Management of a market centreProvision

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

Section 10C. Management of a market centre Section A market centre shall be governed and managed by the county government. [Act No. 3 of 2019 , s. 7.]

Section 10CVerify source

§ 4CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 4. General classification of urban areas and citiesProvision

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.

Section 4. General classification of urban areas and cities Section 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.

Section 4Verify source

§ 4ACLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 4A. Boundaries of urban areas and citiesProvision

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.

Section 4A. Boundaries of urban areas and cities Section 4A(1) Delineation of the boundaries of urban areas or cities may be initiated by the Cabinet Secretary or by the relevant county government making a written request to the Cabinet Secretary to appoint the ad hoc committee in the manner provided under subsection (2). Section 4A(2) The Cabinet Secretary shall, on receipt of a request under subsection (1) or on considering it necessary, appoint by notice in the Kenya Gazette an ad hoc committee to delineate the boundaries of an urban area or a city. Section 4A(3)(a) a representative of the Independent Electoral and Boundaries Commission, who shall be the Chairperson; Section 4A(3)(b) the Ministry for the time being responsible for urban development; Section 4A(3)(b)(i) the Ministry for the time being responsible for urban development; Section 4A(3)(b)(ii) the Ministry for the time being responsible for environment; Section 4A(3)(b)(iii) the Ministry for the time being responsible for agriculture; Section 4A(3)(c) the Department for the time being responsible for urban development; Section 4A(3)(c)(i) the Department for the time being responsible for urban development; Section 4A(3)(c)(ii) the Department for the time being responsible for environment; Section 4A(3)(c)(iii) the Department for the time being responsible for agriculture; and Section 4A(3)(d) Institute of Surveyors of Kenya; and Section 4A(3)(d)(i) Institute of Surveyors of Kenya; and Section 4A(3)(d)(ii) Kenya Institute of Planners. Section 4A(4)(a) the governor shall nominate the three representatives referred to under subsection (3)(c) for appointment by the Cabinet Secretary; and Section 4A(4)(b) each of the relevant professional associations shall nominate its representative referred to under subsection (3)(d) for appointment by the Cabinet Secretary. Section 4A(5) The representative from the national government drawn from the Ministry for the time being responsible for urban development appointed under subsection (3)(b)(i) shall serve as the secretary to the ad hoc committee. Section 4A(6) Where the boundaries of an urban area extend to more than one county, membership of the ad hoc committee shall include representatives of the relevant counties and the proposal for delineation of the boundaries shall be handled by the Council of Governors. [Act No. 3 of 2019 , s. 4.]

Section 4AVerify source

§ 5CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 5. Criteria for classifying an area as cityProvision

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.

Section 5. Criteria for classifying an area as city Section 5(1)(a) has a population of at least two hundred and fifty thousand residents according to the final gazetted results of the last population census carried out by an institution authorized under any written law, preceding the application for grant of city status; Section 5(1)(b) has an integrated urban area or city development plan in accordance with this Act and other existing laws; Section 5(1)(c) has demonstrable capacity to generate sufficient revenue to sustain its operation; Section 5(1)(d) has demonstrable good system and records of prudent management; Section 5(1)(e) has the capacity to effectively and efficiently deliver its services to its residents and has in existence, the services provided in the First Schedule; Section 5(1)(f) has institutionalised active participation by its residents in the management of its affairs; Section 5(1)(g) has infrastructural facilities, including but not limited to roads, street lighting, markets and fire stations, and an adequate capacity for disaster management; and Section 5(1)(h) has a capacity for functional and effective waste disposal. Section 5(2) Nothing in this section may preclude an area from being conferred with the status of special purpose city under this Act if it has significant cultural, economic or political importance. [Act No. 12 of 2012 , Sch., Act No. 7 of 2016 , Sch., Act No. 3 of 2019 , s. 5.]

Section 5Verify source

§ 6CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 6. Management and infrastructure in the capital cityProvision

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.

Section 6. Management and infrastructure in the capital city Section 6(1) The capital city of Kenya is Nairobi. Section 6(2) The capital city shall be governed and managed in the same manner as a county government. Section 6(3)(a) the seat of the national government; Section 6(3)(b) offices of diplomatic missions; Section 6(3)(c) efficient transport network connecting to rural areas, towns and other local, regional and international cities; and Section 6(3)(d) commerce and industry. Section 6(4) The capital city shall decentralise its functions and the provisions of its services to the extent that it is efficient and practicable to do so. Section 6(5) Subject to subsection (2), the two levels of government shall enter into an agreement regarding the performance of functions and delivery of services by the capital city. Section 6(6)(a) the administrative structure of the capital city, subject to the provisions of this Act; Section 6(6)(b) funding of operations and activities of the capital city; Section 6(6)(c) the joint projects to be undertaken by both governments in the capital city; Section 6(6)(d) dispute resolution mechanisms; and Section 6(6)(e) such other information as the two levels of government may determine.

Section 6Verify source

§ 7CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 7. Conferment of city statusProvision

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.

Section 7. Conferment of city status Section The President may, on the resolution of the Senate, confer the status of a city on a municipality that meets the criteria set out in section 5 , by grant of a charter in the prescribed form.

Section 7Verify source

§ 8CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 8. Application for conferment of city statusProvision

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.

Section 8. Application for conferment of city status Section 8(1) The board of a municipality may, upon a resolution, apply to the county executive committee for consideration for the conferment of city status. Section 8(2) Where the executive committee approves the application, the county governor shall constitute an ad hoc committee to consider the recommendation and advise as appropriate. Section 8(3)(a) the Institution of Surveyors of Kenya; Section 8(3)(b) the Kenya Institute of Planners; Section 8(3)(c) the Architectural Association of Kenya; Section 8(3)(d) the Law Society of Kenya; Section 8(3)(e) an association of urban areas and cities; Section 8(3)(f) the Institute of Certified Public Accountants of Kenya; and Section 8(3)(g) the business community. Section 8(4) Where the ad hoc committee under subsection (2) determines that the municipality under review meets the requisite criteria for classification as a city, the county governor shall transmit the recommendation to the county assembly for approval. Section 8(5) Where the county assembly approves the recommendation for conferment of city status to a municipality under this section, the clerk of the county assembly shall transmit the resolution to the senate for consideration. Section 8(6) Where the senate approves the recommendation, the clerk of the senate shall forward the resolution to the President for conferment of city status on the municipality. [Act No. 12 of 2012 , Sch.]

Section 8Verify source

§ 9CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES - 9. Conferment of municipal statusProvision

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.

Section 9. Conferment of municipal status Section 9(1) The county governor may, on the resolution of the county assembly, confer the status of a municipality on a town that meets the criteria set out in subsection (3), by grant of a charter in the prescribed form. Section 9(2) The procedure set out under section 8 (1) to (4) shall apply with necessary modifications to the conferment of municipal status to a town, except that the conferment shall be done by the county governor. Section 9(3)(a) has a population of at least between seventy thousand and two hundred and forty-nine thousand residents according to the final gazetted results of the last population census carried out by an institution authorized under any written law, preceding the grant; Section 9(3)(b) has an integrated development plan in accordance with this Act; Section 9(3)(c) has demonstrable revenue collection or revenue collection potential; Section 9(3)(d) has demonstrable capacity to generate sufficient revenue to sustain its operations; Section 9(3)(e) has the capacity to effectively and efficiently deliver essential services to its residents as provided in the First Schedule; Section 9(3)(f) has institutionalised active participation by its residents in the management of its affairs; Section 9(3)(g) has sufficient space for expansion; Section 9(3)(h) has infrastructural facilities, including but not limited to street lighting, markets and fire stations; and Section 9(3)(i) has a capacity for functional and effective waste disposal. Section 9(4) Notwithstanding the provisions of subsection (1), the county governor shall confer the status of a special municipality to the headquarters of the county even where it does not meet the threshold specified under subsection (3)(a). [Act No. 7 of 2016 , Sch.]

Section 9Verify source

Part III

GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES

§ 11GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 11. Principles of governance and managementProvision

Recognise and respect the constitutional status of county governments.

Section 11. Principles of governance and management Section recognition and respect for the constitutional status of county governments;

Section 11Verify source

§ 12GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 12. Structures and management of cities, municipalitiesProvision

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.

Section 12. Structures and management of cities, municipalities Section 12(1)(a) a board constituted in accordance with section 13 or 14 of this Act; Section 12(1)(b) a manager appointed pursuant to section 28 ; and Section 12(1)(c) such other staff or officers as a the county public service may determine. Section 12(2)(a) suing and being sued; Section 12(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 12(2)(c) borrowing money or making investments; Section 12(2)(d) entering into contracts; and Section 12(2)(e) doing or performing all other acts or things for the proper performance of its functions in accordance with this Act or any other written law which may lawfully be done or performed by a body corporate. Section 12(3) The governance and management of a city county shall be in accordance with the law relating to county governments. [Act No. 3 of 2019 , s. 8.]

Section 12Verify source

§ 13GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 13. Boards of citiesProvision

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.

Section 13. Boards of cities Section 13(1) A board of a city shall consist of not more than eleven members, six of whom shall be appointed through a competitive process by the county governor, with the approval of the county assembly. Section 13(1A)(a) the county executive member for the time being responsible for cities and urban areas or his representative; Section 13(1A)(b) six members who shall be competitively appointed by the county governor, with the approval of the county assembly; Section 13(1A)(c) four members who shall be nominated by the organization specified under subsection (2) and appointed by the county governor, with the approval of the county assembly; Section 13(1A)(d) the Secretary appointed under section 13A , who shall be an ex officio member of the Board. Section 13(2)(a) an umbrella body representing professional associations in the area; Section 13(2)(b) an association representing the private sector in the area; Section 13(2)(c) a cluster representing registered associations of the informal sector in the area; and Section 13(2)(d) a cluster representing registered neighbourhood associations in the area. Section 13(3) The executive committee shall, while appointing members of the board, ensure gender equity, representation of persons with disability, youth and marginalised groups. Section 13(4)(a) signed minutes as evidence of an accountable process of nomination; Section 13(4)(b) evidence of compliance with statutory obligations; Section 13(4)(c) vetting form to establish that the nominee has complied with the prescribed criteria for appointment as a member of the board. Section 13(5)(a) holds a bachelor's degree from an institution recognized in Kenya; Section 13(5)(b) has a distinguished career in a medium level management position in either the private or public sector; Section 13(5)(c) holds at least ten years' post-qualification professional experience; and Section 13(5)(d) satisfies the requirements of Chapter Six of the Constitution. Section 13(6)(a) holds a bachelor's degree from an institution recognized in Kenya; Section 13(6)(b) has a distinguished career in a medium level management position in either the private or public sector; Section 13(6)(c) holds at least seven years' post-qualification professional experience; and Section 13(6)(d) satisfies the requirements of Chapter Six of the Constitution. Section 13(7)(a) is an undischarged bankrupt; Section 13(7)(b) has been removed from office for contravening the Constitution or any other law; Section 13(7)(c) is not a citizen of Kenya; or Section 13(7)(d) has, in the conduct of his or her, affairs not met any statutory obligation.

Section 13Verify source

§ 13AGOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 13A. Appointment of Secretary of the Board of a cityProvision

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.

Section 13A. Appointment of Secretary of the Board of a city Section 13A(1) The county public service board shall, through a competitive process appoint a Secretary to the board on such terms and conditions as the county public service board, in consultation with the city or municipal board, shall determine. Section 13A(2)(a) has a degree from an institution recognised in Kenya; Section 13A(2)(b) has at least four years' experience in management; and Section 13A(2)(c) satisfies the requirements of Chapter Six of the Constitution. Section 13A(3)(a) responsible for the day to day management of the affairs of the board; and Section 13A(3)(b) perform such other duties as may be assigned by the board. Section 13A(4) The Secretary shall hold office for a term of five years. Section 13A(5) The provisions of section 16 relating to grounds for vacation of office shall, with necessary modifications, apply to the Secretary of the board appointed under this section. [Act No. 3 of 2019 , s. 10.]

Section 13AVerify source

§ 14GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 14. Boards of municipalitiesProvision

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.

Section 14. Boards of municipalities Section 14(1) A board of a municipality shall consist of nine members appointed by the county governor with the approval of the county assembly. Section 14(2)(a) the county executive member for the time being responsible for cities and urban areas or his representative; Section 14(2)(b) three members who shall be appointed by the county governor, with the approval of the county assembly; Section 14(2)(c) four members who shall be nominated by an association and appointed by the county governor, with the approval of the county assembly; Section 14(2)(d) the chief officer responsible for urban development; and Section 14(2)(e) the municipal manager appointed under section 28 who shall be the secretary of the board and an ex officio member of the board. Section 14(3)(a) an umbrella body representing professional associations in the area; Section 14(3)(b) an association representing the private sector in the area; Section 14(3)(c) a cluster representing registered associations of the informal sector in the area; and Section 14(3)(d) a cluster representing registered neighbourhood associations in the area. Section 14(4) The county governor shall, while appointing the members of the board, ensure gender equity, representation of persons with disability, youth and marginalised groups. Section 14(5)(a) signed minutes as evidence of an accountable process of nomination; Section 14(5)(b) evidence of compliance with statutory obligations; and Section 14(5)(c) vetting form to establish that the nominee has complied with the prescribed criteria for appointment as a member of the board. Section 14(6)(a) holds at least a degree from an institution recognized in Kenya; Section 14(6)(b) has a distinguished career in a medium level management position in either the private or public sector; Section 14(6)(c) holds at least ten years' post-qualification professional experience; Section 14(6)(d) satisfies the requirements of Chapter Six of the Constitution; Section 14(6)(e) is ordinarily resident or has a permanent dwelling in the municipality; and Section 14(6)(f) carries on business in the municipality or has lived in the municipality for at least five years. Section 14(7)(a) holds at least a diploma from an institution recognized in Kenya; Section 14(7)(b) has a distinguished career in a medium level management position in either the private or public sector; Section 14(7)(c) holds at least five years' post-qualification professional experience; and Section 14(7)(d) satisfies the requirements of Chapter Six of the Constitution; Section 14(7)(e) is ordinarily resident or has a permanent dwelling in the municipality; and Section 14(7)(f) carries on business in the municipality or has lived in the municipality for at least five years. Section 14(8)(a) is an undischarged bankrupt; Section 14(8)(b) has been removed from office for contravening the Constitution or any other law; Section 14(8)(c) is not a citizen of Kenya; or Section 14(8)(d) has in the conduct of his or her affairs not met any statutory obligations.

Section 14Verify source

§ 15GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 15. Term of officeProvision

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

Section 15. Term of office Section A member of a board shall hold office for a term of five years, on a part-time basis.

Section 15Verify source

§ 16GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 16. Vacation of officeProvision

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

Section 16. Vacation of office Section is unable to perform the functions of the office by reason of mental or physical infirmity;

Section 16Verify source

§ 17GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 17. Chairperson and vice-chairperson of the BoardProvision

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.

Section 17. Chairperson and vice-chairperson of the Board Section 17(1) Subject to subsection (2), there shall be a Chairperson and vice-chairperson for each board. Section 17(2) The Chairperson and the vice-chairperson shall be elected by the members of the board from among themselves during the first meeting of the board, and subsequently whenever a vacancy arises and shall be of opposite gender. Section 17(3) The Chairperson and vice-chairperson shall hold office for a term of five years. Section 17(4)(a) except in the case of a city county, be the head of the board; Section 17(4)(b) chair meetings of the board; Section 17(4)(c) perform such duties as may be delegated by the board. Section 17(5) The vice Chairperson shall, in the absence of the Chairperson, perform the functions of Chairperson and shall perform such other functions as may be delegated by the Chairperson or the board.

Section 17Verify source

§ 18GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 18. Removal from officeProvision

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.

Section 18. Removal from office Section 18(1) A person may be removed from the office of Chairperson, vice-chairperson or a member of the board on any of the grounds provided under section 16 (a), (b), (c), (e), (f), (g), (h), (i) and (j). Section 18(2)(a) by the county governor; Section 18(2)(b) by the board, supported by the vote of at least two-thirds of the members of the board; or Section 18(2)(c) upon petition by the residents of a city or municipality. Section 18(3) A resident of a city or municipality may file a writing petition with a board for the removal of a Chairperson or vice-chairperson. Section 18(4) The procedure for the removal or petition for removal of a Chairperson or vice-chairperson under subsections (1) and (2) shall be provided by regulations.

Section 18Verify source

§ 19GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 19. Filling of vacancyProvision

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 19. Filling of vacancy Section A vacancy in the office of a Chairperson, vice-chairperson or a member of the board shall, with necessary modification, be filled in accordance with section 13 or 17 of this Act as the case may be.

Section 19Verify source

§ 20GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 20. Governance and management functions of a boardProvision

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 20. Governance and management functions of a board Section 20(1)(a) oversee the affairs of the city or municipality; Section 20(1)(b) develop and adopt policies, plans, strategies and programmes, and may set targets for delivery of services; Section 20(1)(c) formulate and implement an integrated development plan; Section 20(1)(d) control land use, land sub-division, land development and zoning by public and private sectors for any purpose, including industry, commerce, markets, shopping and other employment centres, residential areas, recreational areas, parks, entertainment, passenger transport, agriculture, and freight and transit stations within the framework of the spatial and master plans for the city or municipality as may be delegated by the county government; Section 20(1)(e) as may be delegated by the county government, promote and undertake infrastructural development and services within the city or municipality; Section 20(1)(f) develop and manage schemes, including site development in collaboration with the relevant national and county agencies; Section 20(1)(g) maintain a comprehensive database and information system of the administration and provide public access thereto upon payment of a nominal fee to be determined by the board; Section 20(1)(h) administer and regulate its internal affairs; Section 20(1)(i) implement applicable national and county legislation; Section 20(1)(j) enter into such contracts, partnerships or joint ventures as it may consider necessary for the discharge of its functions under this Act or other written law; Section 20(1)(k) monitor and, where appropriate, regulate city and municipal services where those services are provided by service providers other than the board of the city or municipality; Section 20(1)(l) prepare and submit its annual budget estimates to the relevant County Treasury for consideration and submission to the County Assembly for approval as part of the annual County Appropriation Bill; Section 20(1)(m) as may be delegated by the county government, collect rates, taxes levies, duties, fees and surcharges on fees; Section 20(1)(n) settle and implement tariff, rates and tax and debt collection policies as delegated by the county government; Section 20(1)(o) monitor the impact and effectiveness of any services, policies, programmes or plans; Section 20(1)(p) establish, implement and monitor performance management systems; Section 20(1)(q) promote a safe and healthy environment; Section 20(1)(r) facilitate and regulate public transport; and Section 20(1)(s) perform such other functions as may be delegated to it by the county government or as may be provided for by any written law. Section 20(2) Deleted by ActNo. 3 of 2019, s. 12(b). [Act No. 18 of 2012 , 1st Sch., Act No. 3 of 2019 , s. 12(b).]

Section 20Verify source

§ 21GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 21. Powers of boards of cities and municipalitiesProvision

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.

Section 21. Powers of boards of cities and municipalities Section 21(1)(a) exercise executive authority as delegated by the county executive; Section 21(1)(b) ensure provision of services to its residents; Section 21(1)(c) impose such fees, levies and charges as may be authorised by the county government for delivery of services by the municipality or the city; Section 21(1)(d) promote constitutional values and principles; Section 21(1)(e) ensure the implementation and compliance with policies formulated by both the national and county government; Section 21(1)(f) make by-laws or make recommendations for issues to be included in by-laws; Section 21(1)(g) ensure participation of the residents in decision making, its activities and programmes in accordance with the Schedule to this Act as provided in the County Governments Act (Cap. 265) and any other national legislation on public participation; and Section 21(1)(h) exercise such other powers as may be delegated by the county executive committee. Section 21(2) Notwithstanding any other provision in this Act, the board of a city or municipality shall exercise such executive authority as may be delegated by the county executive committee for the necessary performance of its functions under this Act. [Act No. 3 of 2019 , s. 13.]

Section 21Verify source

§ 22GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 22. Citizen ForaProvision

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

Section 22. Citizen Fora Section 22(1)(a) the provision of services; Section 22(1)(a)(i) the provision of services; Section 22(1)(a)(ii) proposed issues for inclusion in county policies and county legislation; Section 22(1)(a)(iii) proposed national policies and national legislation; Section 22(1)(a)(iv) the proposed annual budget estimates of the county and of the national government; Section 22(1)(a)(v) the proposed development plans of the county and of the national government; and Section 22(1)(a)(vi) any other matter of concern to the citizens; Section 22(1)(b) formulate strategies for engaging the various levels and units of government on matters of concern to citizens; Section 22(1)(c) monitor the activities of elected and appointed officials of the urban areas and cities, including members of the board of an urban area or city; and Section 22(1)(d) receive representations, including feedback on issues raised by the county citizens, from elected and appointed officials. Section 22(2) A board shall invite petitions and representations from the Citizen Fora with regard to the administration and management of the affairs within an urban area or city under its jurisdiction. Section 22(3) A board shall make recommendations on the manner in which issues raised at the Citizen Fora, if any, may be addressed and shall accordingly pass the recommendations to the manager for implementation. Section 22(4) The manager shall make a report on the decision made in respect of a petition or presentation made by a citizen fora and reasons for such decision. [Act No. 3 of 2019 , s. 14.]

Section 22Verify source

§ 23GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 23. Ordinary and special meetings of a boardProvision

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.

Section 23. Ordinary and special meetings of a board Section 23(1) A board shall hold its sittings to transact the business of the board once every three months. Section 23(2) Notwithstanding subsection (1), the Chairperson may, and upon request in writing by at least one-third of the members of the board shall, convene a special meeting to transaction any urgent business of the board.

Section 23Verify source

§ 24GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 24. Management of information and publicityProvision

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.

Section 24. Management of information and publicity Section 24(1) A board shall publish and publicise important information within its mandate affecting the city or urban area. Section 24(2)(a) shall be addressed to the manager or administrator or such other person as the board or committee may for that purpose designate, and may be subject to the payment of a reasonable fee in instances where the board or committee incurs an expense in providing the information; and Section 24(2)(b) may be subject to confidentiality requirements of the board. Section 24(3)(a) the request is unreasonable in the circumstances; Section 24(3)(b) the information requested is at a deliberative stage by the board or committee; Section 24(3)(c) the applicant fails to pay the prescribed fee; or Section 24(3)(d) the applicant fails to satisfy any confidentiality requirements by the board or committee. Section 24(4) The right of access to information under Article 35 of the Constitution shall be regulated in accordance with the nature and extent specified under this section. Section 24(5) Every member and employee of the board or committee shall sign a confidentiality agreement. Section 24(6)(a) the location of all its offices; and Section 24(6)(b) its address or addresses, telephone numbers and other means of communication or contact with the board or committee.

Section 24Verify source

§ 25GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 25. Remuneration of members of a boardProvision

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.

Section 25. Remuneration of members of a board Section 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 such allowances and benefits as the county executive committee shall, with the approval of the county assembly, and on the advice of the Salaries and Remuneration Commission, determine. [Act No. 12 of 2012 , Sch.]

Section 25Verify source

§ 26GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 26. Committees of a boardProvision

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;

Section 26. Committees of a board Section 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;

Section 26Verify source

§ 27GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 27. Management of city countyProvision

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

Section 27. Management of city county Section A city county shall be governed and managed in the same manner as a county government in accordance with the County Governments Act (Cap. 265). [Act No. 3 of 2019 , s. 15.]

Section 27Verify source

§ 28GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 28. City or municipal managerProvision

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.

Section 28. City or municipal manager Section There shall be a city or municipal manager for every city or municipality established under this Act, who shall implement the decisions and functions of the board and shall be answerable to the board.

Section 28Verify source

§ 29GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 29. Appointment of city or municipal managerProvision

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

Section 29. Appointment of city or municipal manager Section A city or municipal manager shall be competitively recruited and appointed by the county public service board established under section 57 of the County Governments Act (Cap. 265). [Act No. 3 of 2019 , s. 16.]

Section 29Verify source

§ 30GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 30. Qualifications for appointment of city or municipal managerProvision

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.

Section 30. Qualifications for appointment of city or municipal manager Section 30(1)(a) is a citizen of Kenya; Section 30(1)(b) holds a degree from a university recognised in Kenya or its equivalent; and Section 30(1)(c) has proven experience of not less than ten years in administration or management either in the public or private sector. Section 30(2)(a) gender equity; Section 30(2)(b) the inclusion of minorities and marginalised communities; and Section 30(2)(c) the person satisfies the requirements of Chapter six of the Constitution.

Section 30Verify source

§ 31GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 31. Governance and management of townsProvision

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).

Section 31. Governance and management of towns Section 31(1)(a) the county executive committee member responsible for urban areas and cities or his representative; Section 31(1)(b) two members appointed competitively by the county governor; Section 31(1)(c) a cluster representing registered associations of the informal sector; and Section 31(1)(d) a cluster representing the business community. Section 31(2) The members of the town committee specified under subsection (1) shall be appointed by the county governor with the approval of the county assembly. Section 31(3)(a) holds at least a Kenya Certificate of Secondary Education or its equivalent and post-secondary education professional diploma; Section 31(3)(b) has a distinguished career in a management position in either the private or public sector; Section 31(3)(c) has at least three years' post-qualification professional experience; Section 31(3)(d) satisfies the requirements of Chapter Six of the Constitution; and Section 31(3)(e) is ordinarily resident or has a permanent dwelling in the town for at least five years or carries on business in the county. Section 31(4)(a) is an undischarged bankrupt; Section 31(4)(b) has been removed from office for contravening the Constitution or any other law; Section 31(4)(c) is not a citizen of Kenya; or Section 31(4)(d) has in the conduct of his or her affairs not met any statutory obligations. Section 31(5) The provisions of section 16 and 18 relating to vacation of office and removal from office of members of the board of a city or a municipality shall apply, with the necessary modification, to a member of a town committee. [Act No. 3 of 2019 , s. 18.]

Section 31Verify source

§ 31AGOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 31A. Functions of a town committeeProvision

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

Section 31A. Functions of a town committee Section The functions performed by the board of a city or a municipality specified under section 20 (1) shall be performed by the town committee.

Section 31AVerify source

§ 31BGOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES - 31B. Appointment of an administratorProvision

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).

Section 31B. Appointment of an administrator Section 31B(1) There shall be an administrator for every town established under this Act who shall be appointed by the county public service board established under section 57 of the County Governments Act (Cap. 265). Section 31B(2) The administrator of a town shall perform such functions as the town committee, appointed under section 31 , may determine. Section 31B(3)(a) holds a degree from a university recognised in Kenya or its equivalent; Section 31B(3)(b) has proven experience of at least three years in administration or management either in public or private sector; Section 31B(3)(c) is a citizen of Kenya; and Section 31B(3)(d) satisfies the requirements of Chapter Six of the Constitution.

Section 31BVerify source

Part IV

DELIVERY OF SERVICES

§ 32DELIVERY OF SERVICES - 32. Service delivery by a boardProvision

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.

Section 32. Service delivery by a board Section 32(1) Subject to Article 187(2)(a) of the Constitution, a board shall, on behalf of the county government, deliver such services as may be specified under this Act or any other national or county legislation. Section 32(2) Subject to Article 176(2) of the Constitution, a city or municipal board may, if it considers it necessary, establish operational sectors and service delivery entities, with the approval of the county executive committee, for the efficient carrying out of its functions and the delivery of the services within its area of jurisdiction. Section 32(3) Subject to the provisions of this section, a county assembly may legislate on the set up and establishment of service delivery entities.

Section 32Verify source

§ 33DELIVERY OF SERVICES - 33. Partnership and joint venturesProvision

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).

Section 33. Partnership and joint ventures Section 33(1) A board may, in consultation with the county governor and with the approval of the county assembly, enter into partnership with a utility company either within or outside the county or internationally for the provision of social infrastructural services. Section 33(2) For efficient service delivery, cities and municipalities may jointly provide cross-city and cross-municipality services and may, in that regard jointly finance the services. Section 33(3) A board may, where it is of the opinion that a private sector entity is best able to provide a service, and with the approval of the county assembly, contract a private entity for purposes of delivering the services within its area of jurisdiction. Section 33(4) Where a board decides to contract a private entity for the delivery of services, it shall do so in accordance with the Public Procurement and Disposal Act (Cap. 412C).

Section 33Verify source

§ 34DELIVERY OF SERVICES - 34. Service delivery in townsProvision

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

Section 34. Service delivery in towns Section The provisions of this Part shall, with necessary modifications, apply in the case of the delivery of services in towns by the town committee.

Section 34Verify source

§ 35DELIVERY OF SERVICES - 35. Objections by residentsProvision

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

Section 35. Objections by residents Section A resident may object to any partnership or joint venture under section 33 in accordance with the regulations made under this Act.

Section 35Verify source

Part V

INTEGRATED DEVELOPMENT PLANNING

§ 36INTEGRATED DEVELOPMENT PLANNING - 36. Objectives of integrated urban areas and city development planningProvision

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

Section 36. Objectives of integrated urban areas and city development planning Section 36(1)(a) give effect to the development of urban areas and cities as required by this Act and any other written law; Section 36(1)(b) strive to achieve the objects of devolved government as set out in Article 174 of the Constitution; Section 36(1)(c) contribute to the protection and promotion of the fundamental rights and freedoms contained in Chapter Four of the Constitution and the progressive realization of the socio-economic rights; Section 36(1)(d) the preparation of environmental management plans; Section 36(1)(d)(i) the preparation of environmental management plans; Section 36(1)(d)(ii) the preparation of valuation rolls for property taxation; Section 36(1)(d)(iii) provision of physical and social infrastructure and transportation; Section 36(1)(d)(iv) preparation of annual strategic plans for a city or municipality; Section 36(1)(d)(v) disaster preparedness and response; Section 36(1)(d)(vi) overall delivery of service including provision of water, electricity, health, telecommunications and solid waste management; and Section 36(1)(d)(vii) the preparation of a geographic information system for a city or municipality; Section 36(1)(e) nurture and promote development of informal commercial activities in an orderly and sustainable manner; Section 36(1)(f) provide a framework for regulated urban agriculture; and Section 36(1)(g) be the basis for development control. Section 36(2) In addition to the objectives set out in subsection (1), an integrated urban or city development plan shall bind, guide and inform all planning development and decisions and ensure comprehensive inclusion of all functions. Section 36(3) A county government shall initiate an urban planning process for every settlement with a population of at least two thousand residents.

Section 36Verify source

§ 37INTEGRATED DEVELOPMENT PLANNING - 37. Plan to align to county government plansProvision

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

Section 37. Plan to align to county government plans Section A city or urban area integrated development plan shall be aligned to the development plans and strategies of the county governments.

Section 37Verify source

§ 38INTEGRATED DEVELOPMENT PLANNING - 38. Preparation of integrated city or urban development plansProvision

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

Section 38. Preparation of integrated city or urban development plans Section A city or urban area shall prepare an integrated city or urban area development plan in accordance with the Third Schedule to this Act. [Act No. 12 of 2012 , Sch.]

Section 38Verify source

§ 39INTEGRATED DEVELOPMENT PLANNING - 39. Adoption of an integrated development planAmendment

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.

Section 39. Adoption of an integrated development plan Section 39(1) A board or town committee shall, within the first year of its election, adopt a single, inclusive strategic plan for the development of the city or urban area for which it is responsible. Section 39(2) An integrated development plan adopted by a board or town committee under subsection (1) may be reviewed and amended during the term of the board or committee and shall remain in force until a new integrated urban area or city development plan is adopted by the succeeding board or town committee, but the incoming board or committee shall ensure that the viable projects are continued or completed. Section 39(3)(a) give notice of the adoption of the plan to the public in such manner as a board or committee may determine; Section 39(3)(b) inform the public that copies of or extracts from the plan are available for public inspection at specified places; and Section 39(3)(c) provide a summary of the plan.

Section 39Verify source

§ 40INTEGRATED DEVELOPMENT PLANNING - 40. Contents of integrated city and urban area development planProvision

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;

Section 40. Contents of integrated city and urban area development plan Section 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;

Section 40Verify source

§ 41INTEGRATED DEVELOPMENT PLANNING - 41. Submission of integrated cities and municipal development plan to the county governorAmendment

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.

Section 41. Submission of integrated cities and municipal development plan to the county governor Section 41(1) The manager or administrator shall 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. Section 41(2)(a) a summary of the process of its formulation plan provided under this Part; and Section 41(2)(b) a statement that the process has been complied with, together with any explanations that may be necessary to clarify the statement. Section 41(3)(a) consider the integrated development plan and make recommendations; and Section 41(3)(b) submit the plan to the county assembly for its approval.

Section 41Verify source

§ 42INTEGRATED DEVELOPMENT PLANNING - 42. Annual review of integrated development planAmendment

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.

Section 42. Annual review of integrated development plan Section A city or municipal board shall review its integrated development plan annually to assess its performance in accordance with performance management tools set by it under this Part, and may amend the plan where it considers it necessary.

Section 42Verify source

Part VI

FINANCIAL PROVISIONS

§ 43FINANCIAL PROVISIONS - 43. Funds of a boardProvision

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.

Section 43. Funds of a board Section 43(1)(a) monies allocated by a county assembly for the purposes of the management and service delivery of the board; Section 43(1)(b) monies or assets that may accrue to the board in the course of the exercise of its powers or the performance of its functions under this Act; and Section 43(1)(c) all monies or grants from any other legitimate source provided or donated to the board. Section 43(2) Where an urban area or city enters into a joint venture with another entity, the monies allocated for the joint venture shall be determined by a joint budget. Section 43(3) No payment shall be made out of the funds of a board or town committee unless it has been provided for in the approved annual or revised or supplementary estimates of expenditure and authorized by the board or town committee. [Act No. 12 of 2012 , Sch.]

Section 43Verify source

§ 44FINANCIAL PROVISIONS - 44. Financial yearProvision

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

Section 44. Financial year Section The financial year of a board or town committee shall be the period of twelve months ending on the thirtieth June in each year.

Section 44Verify source

§ 45FINANCIAL PROVISIONS - 45. Annual estimatesCommencement

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.

Section 45. Annual estimates Section 45(1) Three months before the commencement of each financial year, a board or town committee shall cause to be prepared estimates of the revenue and expenditure of a board or town committee for that year. Section 45(2) The annual estimates shall make provision for all the estimated revenue and expenditure of the board for the financial year to which it relates. Section 45(3) The annual estimates shall be tabled before the board or town committee for adoption and approval. Section 45(4) The annual estimates approved by the board or town committee under subsection (3) shall be submitted to the county governor for submission to the county assembly for its approval.

Section 45Verify source

§ 46FINANCIAL PROVISIONS - 46. Accounts and auditProvision

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.

Section 46. Accounts and audit Section 46(1) The board or town committee shall cause to be kept all proper books and records of account of its income, expenditure, assets and liabilities. Section 46(2)(a) a statement of the income and expenditure of a board for that year; and Section 46(2)(b) a statement of the assets and liabilities of a board on the last day of that financial year. Section 46(3) The Auditor-General shall prepare a financial audit as required under the Public Audit Act (Cap. 412B) or its successor and shall forward a copy of the report to the relevant board and the County Executive Committee in respect of which the audit report is made.

Section 46Verify source

§ 47FINANCIAL PROVISIONS - 47. Audit report to be laid before board or town committeeProvision

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.

Section 47. Audit report to be laid before board or town committee Section 47(1)(a) lay the documents before the board or town committee for consideration; and Section 47(1)(b) make them available to any resident of the area within the jurisdiction of the board, upon application and payment of the prescribed fee. Section 47(2) Where the manager or the administrator of a board fails to table the report as required under this section, that report shall be laid by any other person authorised by the county governor.

Section 47Verify source

§ 48FINANCIAL PROVISIONS - 48. Display of audited financial statementProvision

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.

Section 48. Display of audited financial statement Section The board shall cause its audited annual financial statement to be posted in full in a conspicuous place in the board’s offices, or in two widely circulated newspapers and, on the board’s website.

Section 48Verify source

§ 49FINANCIAL PROVISIONS - 49. Pension SchemesCommencement

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

Section 49. Pension Schemes Section All officers of a board shall, on the commencement of this Act, subscribe to an existing pension scheme approved by the Retirement Benefits Authority. [Act No. 12 of 2012 , Sch.]

Section 49Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 50MISCELLANEOUS PROVISIONS - 50. Disclosure of personal interest by officersProvision

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.

Section 50. Disclosure of personal interest by officers Section If it comes to the knowledge of an officer employed by a board that a bargain, contract or arrangement in which he or she has any direct or indirect pecuniary interest (other than a bargain, contract or arrangement to which he or she is a party) has been or is proposed to be made or entered into by the board, that officer shall as soon as practicable give notice in writing to the board disclosing the fact that he or she has interest therein.

Section 50Verify source

§ 51MISCELLANEOUS PROVISIONS - 51. Board to furnish county executive with copies of proceedingsProvision

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.

Section 51. Board to furnish county executive with copies of proceedings Section any proceedings or minutes of the board or its committees within twenty one days after the confirmation of the minutes;

Section 51Verify source

§ 52MISCELLANEOUS PROVISIONS - 52. Protection against personal liabilityProvision

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.

Section 52. Protection against personal liability Section 52(1)(a) the Chairperson or vice-chairperson of the board of a city or municipality; Section 52(1)(b) any member of a board or its management or committee; Section 52(1)(c) any member of staff or other person in the service of city or municipal board; or Section 52(1)(d) any person acting under the direction of a board, Section 52(2) Notwithstanding the provisions of subsection (1), a person who misappropriates, or authorises the use of funds contrary to existing law or instructions shall be accountable for any loss arising from that use and shall be required to make good the loss even if that person has ceased to hold office. [Act No. 12 of 2012 , Sch.]

Section 52Verify source

§ 53MISCELLANEOUS PROVISIONS - 53. RegulationsProvision

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

Section 53. Regulations Section 53(1) The Cabinet Secretary may make regulations, for the better carrying out of the provisions of this Act, or for prescribing anything which is required to be prescribed under this Act. Section 53(2) Regulations made under this section shall be tabled before the Senate for approval, and shall not take effect until such approval is obtained.

Section 53Verify source

Part VIII

TRANSITIONAL PROVISIONS

§ 54TRANSITIONAL PROVISIONS - 54. Assessment and classification of existing urban areas and citiesProvision

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.

Section 54. Assessment and classification of existing urban areas and cities Section During the transition period assessment shall be undertaken on the existing urban areas and cities in order to ascertain whether they meet the criteria for classification as urban areas or cities under this Act, and shall be classified accordingly.

Section 54Verify source

§ 55TRANSITIONAL PROVISIONS - 55. Rights and liabilitiesRepeal

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.

Section 55. Rights and liabilities Section All rights, assets and liabilities accrued in respect of the properties vested in the local authorities established under the Local Government Act (Repealed) which shall stand repealed after the first election under the Constitution shall be dealt with as provided by law.

Section 55Verify source

§ 56TRANSITIONAL PROVISIONS - 56. Existing bye-laws and orders of local authoritiesCommencement

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.

Section 56. Existing bye-laws and orders of local authorities Section All directions, resolutions, orders and authorizations given by by-laws made, and licenses or permits issued by the local authorities established, under the Local Government Act (Repealed) and subsisting or valid immediately before the commencement of this Act shall be deemed to have been given, issued or made by the boards established pursuant to this Act, as the case may be, until their expiry, amendment or repeal.

Section 56Verify source

§ 57TRANSITIONAL PROVISIONS - 57. Staff, officers,etc.Commencement

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.

Section 57. Staff, officers,etc. Section Every person who, immediately before the commencement of this Act was an officer, agent or member of staff appointed, seconded or otherwise employed by a local authority shall, on the commencement of this Act be seconded or otherwise deployed as may be provided by law.

Section 57Verify source

§ 58TRANSITIONAL PROVISIONS - 58. Existing contracts, etc.Commencement

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.

Section 58. Existing contracts, etc. Section Any act, matter or thing lawfully done by any local authority before the commencement of this Act and any contract, arrangement, agreement, settlement, trust, bequest, transfer, division, distribution or succession affecting any service delivery, trade of any form, sale or dealings on land or any other matter affecting assets, liabilities or property belonging to any local authority whether moveable, immoveable or intellectual property shall, unless and until affected by the operation of this Act, continue in force and be vested in a body established by law.

Section 58Verify source

§ 59TRANSITIONAL PROVISIONS - 59. Pending actions and proceedingsCommencement

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.

Section 59. Pending actions and proceedings Section Any legal right accrued, cause of action commenced in any court of law or tribunal established under any written law in force, or any defence, appeal, or reference howsoever filed by or against any local authority shall continue to be sustained in the same manner in which they were prior to the commencement of this Act against a body established by law.

Section 59Verify source

§ 60TRANSITIONAL PROVISIONS - 60. Municipalities of Mombasa and KisumuCommencement

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

Section 60. Municipalities of Mombasa and Kisumu Section Notwithstanding any other provisions of this Act, the municipalities of Mombasa and Kisumu existing immediately before the commencement of this Act shall be deemed to be cities established under this Act.

Section 60Verify source

§ 61TRANSITIONAL PROVISIONS - 61. Charges and ratesProvision

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.

Section 61. Charges and rates Section Until such time as a new law relating to imposition of rates and charges is enacted, urban areas and cities may continue to impose rates and charges under the law for the time being in force in relation thereto with necessary modifications. [Act No. 7 of 2016 , Sch.]

Section 61Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Act County governments must comply with the National Urban Development Policy when implementing this Act
Section 3
County Governments Act
Sections 29, 31B

G–M

1 instrument

Mombasa and Kisumu Municipalities of Mombasa and Kisumu that existed immediately before this Act
Section 60

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31 Dec 2022 · currentEnglish

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