CHAPTER 265 - Local Government Act
Commencement Date: 1963-04-30

An Act of Parliament to provide for the establishment of authorities for local government; to define their functions and to provide for matters connected therewith and incidental thereto


 


Arrangement of Sections
1 Short Title.
2 Interpretation.
5 Powers of the Minister in Regard to Local Authority Areas.
6 Council may Submit Proposals for Alterations.
8 Power to Name Townships.
9 Powers of Minister with Respect to Counties.
10 Electoral Areas.
12 Establishment and Incorporation of Municipal Councils.
13 Qualification of Mayor and Tenure of Office.
14 Election of Mayor.
15 Deputy Mayor.
16 Filling Vacancy in Office of Mayor and Deputy Mayor.
17 Functions of Deputy Mayor.
18 Mayor and Deputy Mayor to Make Declaration of Acceptance.
19 Allowance to Mayor.
26 Number of Councillors.
27 Terms of Office of Councillors.
28 Establishment and Incorporation of County Councils and Town Councils.
29 Election of Chairman of County and Town Councils.
30 Vice-chairman of County and Town Councils.
31 Terms of Office of Chairman and Vice-chairman of County and Town Councils.
32 Filling Vacancy in Office of Chairman and Vice-chairman.
33 Functions of Vice-chairman.
34 Allowance to Chairman.
39 Number of Councillors.
40 Term of Office of Councillors.
41 Establishment and Incorporation of Urban Councils.
42 Chairman and Vice-chairman.
43 Terms of Office of Chairman and Vice-chairman.
44 Filling Vacancy in Office of Chairman and Vice-chairman.
45 Functions of Vice-chairman.
46 Number of Councillors.
47 Term of Office of Councillors.
53 Qualifications for Registration as a Voter and for Election as an Elected Councillor.
53A Qualifications for Nomination, Etc., as a Councillor Other Than an Elected Councillor.
53B Disqualifications for Councillors.
53C Rules Under S.s. 53, 53a and 53b.
54 Alteration of Electoral Areas.
55 Preparation of Electoral Rolls.
55A Additional Disqualification for Candidates.
56 Only Those on Electoral Rolls may Vote.
57 Elections to Be in Accordance with Act and Rules.
58 Election to Coincide with Parliamentary and Presidential Election.
59 Councillors may Be Re-elected, Etc.
61 Disputes to Validity of Elections.
62 Declaration by Councillors.
62A Members of National Assembly Not to Be Councillors.
63 Resignation of Councillors and Filling of Vacancies Among Nominated and Appointed Councillors.
64 Absence of Councillors from Meetings.
65 Tenure of Seats of Councillors.
66 Appeal Against Declaration Under S. 65.
67 Date of Casual Vacancies.
68 Filling of Casual Vacancies.
70 Term of Office of Person Filling a Casual Vacancy.
72 Rules for Elections.
73 Application and Interpretation.
74 Annual and Ordinary Meetings.
75 Special Meetings.
76 Notice of Meetings.
77 Chairman to Preside and Have a Casting Vote.
78 Record of Attendance and Quorum.
79 Public Officer may Attend Meetings.
80 Minutes to Be Kept and Signed.
81 Meetings Deemed to Have Been Duly Held.
82 Minutes Open to Inspection.
83 Adjournment of Meetings.
84 Admission of Press and Public.
85 Standing Orders.
86 Summoning of Public Meetings.
86A Limitation of Powers of Members.
87 Exemption of Members, Etc., from Personal Liability.
88 Validity of Acts of Local Authorities, Members and Officers.
89 Disability of Members from Voting on Account of Interest in Contracts, Etc
90 Restriction on Advocacy Against, and Acting as Auditor For, Local Authorities and Committees.
90A Interpretation of Part.
91 General Power of Local Authorities to Appoint Committees.
92 Finance Committees.
93 Joint Committees.
94 Expenses and Accounts of Joint Committees.
95 Subcommittees.
96 Disability from Voting on Account of Interest in Contracts, Etc.
97 Chairman to Preside and Have Casting Vote.
98 Validity of Acts of Committee, Etc.
99 Exemption of Members of Committee, Etc., from Personal Liability.
100 Notice of Meetings of Committees, Etc.
101 Minutes of Committees, Etc.
102 Inspection of Minutes and Adjournment of Meetings.
103 Staff Committees and Joint Staff Committees.
104 Constitution Etc., of Joint Board
105 Change of Status of Local Authorities Not to Affect Joint Boards.
106 Meetings and Proceedings at Joint Boards.
107 Appointment of Municipal Officers.
108 Appointment of Deputies to Municipal Officers.
109 Appointment of County and Town Officers.
110 Appointment of Deputies to County and Town Officers.
111 Officers for Urban Council.
112 Appointment of Other Officers.
113 Appointment of Seconded Public Officers.
114 Interpretation Where Public Service Commission Delegates.
121 Members of Local Authorities Not to Be Appointed as Officers.
122 Qualifications of Town Clerk and Clerk.
123 Qualifications of Town Treasurer and Treasurer of County Councils or Town Councils.
124 Qualifications of Town Engineers and Engineers of County Councils or Town Councils.
125 Qualifications of Medical Officers of Health and Public Health Officers.
129 Status, Powers and Duties of Town Clerk and Clerk.
130 Status, Powers and Duties of Chief Financial Officer.
131 Status, Powers and Duties of Medical Officer of Health.
132 Status, Powers and Duties of Town Engineer and Engineer.
135 Security to Be Given by Officers.
136 Accountability of Officers.
137 Disclosure by Officers of Interest in Contracts.
138 Restriction on Engaging in Private Practice, Etc.
139 Transfers of Pension and Other Rights.
140 Transfers in Relation to the Local Authorities Provident Fund.
141 Right to Attend Meetings and Require Advice to Be Recorded in Certain Cases.
141A Uniforms.
142 Transfer of Officers.
143 Power to Enter into Contracts.
144 Acquisition of and Dealings in Land.
145 Miscellaneous Powers of Local Authorities.
146 Grants of Money.
147 Miscellaneous Powers of Control.
148 Imposition of Fees and Charges.
149 Powers to Guarantee Tax Liability and Pay Deposits in Respect Thereof, and to Recover Payments Made Respecting Tax.
150 Power to Pay Allowances to Councillors.
150A Miscellaneous Expenditure.
151 Powers with Respect to Pension, Provident and Benevolent Funds.
152 Schools and Bursaries.
153 Powers Authorizing Omnibus and Vehicle Services.
154 Miscellaneous Powers of Municipal, County and Township Authorities.
155 Powers of County, Municipal and Town Councils.
157 Payments of Money in Connexion with Employment of Magistrates, Etc.
158 Freemen.
159 Shops in Rural Areas.
160 Miscellaneous Functions of Local Authorities Other Than County Councils and Local Councils.
161 Miscellaneous Functions and Powers of Control.
162 Miscellaneous Powers of Control.
163 Powers to Control Trades and Occupations.
163A Business Permits.
164 Applications for Licences.
165 Powers to Refuse to Grant or Renew Licences and to Cancel Licences.
166 Planning.
167 Burials.
168 (repealed by 8 of 2002 S.111 (2))
169 (repealed by 8 of 2002 S.111 (2))
170 (repealed by 8 of 2002 S.111 (2))
171 (repealed by 8 of 2002 S.111 (2))
172 (repealed by 8 of 2002 S.111 (2))
173 (repealed by 8 of 2002 S.111 (2))
174 (repealed by 8 of 2002 S.111 (2))
175 (repealed by 8 of 2002 S.111 (2))
176 (repealed by 8 of 2002 S.111 (2))
177 Housing and Advances for Housing.
178 Water Supply.
179 Diversion and Canalization of Streams, Etc.
180 Additional Powers Relating to Water.
181 Works of the Supply of Electricity, Light, Heat and Power.
182 Control and Vesting of Public Streets in Municipalities and Townships.
184 Powers of Local Authorities to Take Materials for Roads and Works.
185 Power Respecting the Permanent Closure, Etc., of Streets and Roads.
186 Power Relating to Ferries and Toll Bridges.
192 Definition of Vesting.
192A Saving in Respect of National and International Roads.
193 Delegations of Functions Relating to Trunk Roads
194 Transfer of Road Functions to Road Authority and Arrangements for Discharge of Such Functions.
196 Power of County Councils, or Town Councils, to Delegate Functions.
197 Relinquishment of Functions by Urban Councils.
199 Powers of County Council Where There is No County Division.
201 Power to Make By-laws.
201A Licenses, Etc to Be Resubmitted for New Approvals.
202 Restrictions on Making By-laws.
203 Procedure for Making By-laws.
204 Submission of By-laws for Approval.
205 Publication Communication and Coming into Operation of By-laws, Etc.
206 Admissibility in Evidence of Signed Copy of By-laws and Certificates of Clerks.
207 Deposit, Inspection and Supply of Copies of By-laws.
208 Prosecution for Contravention of By-laws.
209 Order to Affix to Premises Notice of Conviction for Sale, Etc., of Unsound Food.
210 Power to Make Adoptive By-laws.
211 Councils of County Divisions may Enforce By-laws of County Councils.
212 Annual and Supplementary Estimates.
213 Minister's Powers Respecting Estimates.
214 Expenditure to Be in Accordance with Estimates.
215 General and Special Expenses.
216 General Rate Fund, County Fund and Township Rate Fund.
217 Payments to and out of Funds.
251A Recovery of Debts Due Under Loans Provided or Guaranteed by Government, Etc.
218 General Reserve Funds.
219 Renewal Funds.
220 Capital Funds.
221 Consolidated Loans Funds.
222 Borrowing Powers.
223 Issues of Stocks or Bonds.
224 Appointment of Receiver.
225 Temporary Borrowing.
226 Lenders Relieved from Certain Inquiries.
227 Financial Year.
228 Accounts.
229 Balancing of Accounts.
230 Audit Report.
231 Appointment of Inspectors.
234 Powers of Minister.
236 Powers and Duties Respecting Surcharge.
237 Application for Written Reasons for Inspectors Decision.
238 Appeals Against Decision of Inspector.
239 Applications for Relief.
240 Payment and Recovery of Sums Certified to Be Due.
241 Expenses of Inspector.
242 Power of Inspector to Take Evidence.
243 Reports to Be Rendered by Certain Local Authorities.
244 Minutes, Etc., to Be Furnished to Minister.
245 Investigations, Researches and Inquiries.
246 Power to Direct Performance of Duties and in Default to Perform Same
247 Power to Require Submission of Proposals, and Exercise by Minister of Powers in Default.
248 Power to Give Directions to Local Authorities.
249 Power to Reduce Grants.
250 Default Powers to Reduce Grants or Transfer Functions Respecting County Divisions and Local Council Areas.
252 Removal of Members, Appointment of Commission and Winding Up of Local Authorities for Certain Reasons.
253 Procedure on Winding Up.
253A Preparatory Commission.
254 Winding Up of Other Local Authorities Where Desirable.
255 Dissolution Under Ss.252 and 254.
256 Arbitration.
257 General Penalties.
258 Appropriation of Penalties.
259 Powers of Arrest.
260 Conduct of Prosecutions.
261 Books of Local Authorities as Evidence.
262 Offences by Corporations, Societies, Etc.
263 Actions by and Against Local Authorities.
263A Execution of Process Against Local Authority.
264 Recovery of Charges for Sanitary and Refuse Removal.
265 Powers of Entry.
266 Penalties for Obstruction.
267 Service of Documents.
268 Delegation of Powers.
269 Succession of Rights and Liabilities, Etc., on a Local Authority Being Replaced.
270 Succession of Rights, Liabilities, Etc., Where Part of Area is Replaced.
271 Power to Make Rules.
Schedules
FIRST SCHEDULE 
SECOND SCHEDULE 
THIRD SCHEDULE 
FOURTH SCHEDULE 
FIFTH SCHEDULE 
Subsidiary legislation
The County Council of Murang'a (barter Market) By-laws, 2004
The County Council of Muranga (omnibus/bus/matatu/taxis) By-laws, 2004
The County Council of Murang'a (mortuary) By-laws, 2004
The County Council of Murang'a (commercial and Private Schools) By-laws, 2004
The County Council of Murang'a (business Permits and Control of Trade) By-laws, 2004
The County Council of Murang'a (control of Sand and Quarries) By-laws, 2004.
The County Council of Murang'a (the Agriculture Produce Cess) By-laws, 2004
The Local Government (maragua County Council) Order, 1997
The Pumwani Maternity Hospital Management Board Order, 2000
Local Government (local Authorities Pensions Trust) Rules, 2007
The Local Government (adoptive By-laws) (agricultural Produce) (standard Weight of Packages) Order, 2008
The Local Government (single Business Permit) Rules, 2008
The Local Government (township of Sagana/kagio) Order, 2009
The Local Government (performance Contracting) Rules, 2007
The Local Government Elections Rules
Kenya (local Government) (pensions) Regulations, 1963
Local Government (electoral Areas) Order, 2006

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