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GAZETTE NOTICE NO. 11050
GAZETTE NOTICE NO. 11050
THE LAND REGISTRATION ACT
(No. 3 of 2012)
ESTABLISHMENT
WHEREAS Menetu Jackson Makange, is registered as proprietor in absolute ownership interest of all that piece of land containing
0.8703 hectare or thereabouts, situate in the district of Taita Taveta, registered under title No. Taveta/Taveta Scheme Phase 2/2662, and whereas sufficient evidence has been adduced to show that the land title deed issued thereof has been lost, notice is given that after the expiration of sixty (60) days from the date hereof, I shall issue a new land title deed provided that no objection has been received within that period.
Dated the 2nd November, 2018.
M. S. MANYARKIY, MR/5342239 Land Registrar, Taita/Taveta District.
GAZETTE NO. 11279
THE LAND REGISTRATION ACT
(No. 3 of 2012)
ISSUE OF A NEW LAND TITLE DEED
WHEREAS Daniel Muonga Gitone, is registered as proprietor in absolute ownership interest of all that piece of land containing 2.61 hectares or thereabout, situate in the district of Taita Taveta, registered under title No. Taita Taveta/Challa/Njukini/3560, and whereas sufficient evidence has been adduced to show that the land title deed issued thereof has been lost, notice is given that after the expiration of sixty (60) days from the date hereof, I shall issue a new land title deed provided that no objection has been received within that period.
Dated the 2nd November, 2018.
M. S. MANYARKIY, MR/5342239 Land Registrar, Taita/Taveta District.
GAZETTE NO. 11280
THE LAND REGISTRATION ACT
(No. 3 of 2012)
ISSUE OF A NEW LAND TITLE DEED
WHEREAS Jumanne Saryamu Manoea, is registered as proprietor in absolute ownership interest of all that piece of land containing 0.94 hectare or thereabouts, situate in the district of Taita Taveta, registered under title No. Kimorigo/Kimorigo/3071, and whereas sufficient evidence has been adduced to show that the land title deed issued thereof has been lost, notice is given that after the expiration of sixty
(60) days from the date hereof, I shall issue a new land title deed provided that no objection has been received within that period.
Dated the 2nd November, 2018.
M. S. MANYARKIY, MR/5342239 Land Registrar, Taita/Taveta District.
GAZETTE NO. 11281
THE LAND REGISTRATION ACT
(No. 3 of 2012)
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
WHEREAS The Monarch Insurance Company Limited, of P.O.
Box 44003–00200, Nairobi in the Republic of Kenya, is registered as proprietor of all that piece of land known as L.R. No. 14754, situate in the south of Athi River in Machakos District, by virtue of a grant registered as I.R. 48968/1, and whereas the land register in respect thereof is lost or destroyed, and whereas efforts made to locate the said land register have failed, notice is given that after the expiration of sixty (60) days from the date hereof, I intend to proceed with the reconstruction of the property register as provided under section 33 (5) of the Act, provided that no objection has been received within that period.
Dated the 2nd November, 2018.
B. F. ATIENO, MR/5342298 Registrar of Titles, Nairobi.
GAZETTE NO. 11282
THE LAND REGISTRATION ACT
(No. 3 of 2012)
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
WHEREAS Bharat Vinubhai Patel, of P.O. Box 59942–00200, Nairobi in the Republic of Kenya, is registered as proprietor of all that piece of land known as L.R. No. 209/3412, situate in Nairobi
Municipality in Nairobi District, by virtue of a grant registered as I.R.
8428/1, and whereas the land register in respect thereof is lost or destroyed, and whereas all efforts made to locate the said land register have failed, notice is given that after the expiration of sixty (60) days from the date hereof, I intend to proceed with the reconstruction of the property register as provided under section 33 (5) of the Act, provided that no objection has been received within that period.
Dated the 2nd November, 2018.
B. F. ATIENO, MR/5555304 Registrar of Titles, Nairobi.
GAZETTE NO. 11283
THE LAND REGISTRATION ACT
(No. 3 of 2012)
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
WHEREAS Alykar Investments Limited, of P.O. Box 6536–
00300, Nairobi in the Republic of Kenya, is registered as proprietor of all that piece of land known as L.R. No. 209/2413, situate in Nairobi
Municipality in Nairobi Area, by virtue of a certificate of title registered as I.R. 6059/1, and whereas the land register in respect thereof is lost or destroyed, and whereas efforts made to locate the said land register have failed, notice is given that after the expiration of sixty (60) days from the date hereof, I intend to proceed with the reconstruction of the property register as provided under section 33 (5) of the Act, provided that no objection has been received within that period.
Dated the 2nd November, 2018.
O. J. CATTWRIGHT, MR/5555360 Registrar of Titles, Nairobi.
GAZETTE NO. 11284
THE LAND REGISTRATION ACT
(No. 3 of 2012)
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
WHEREAS (1) Hitesh Mulji Shah and (2) Anuj Mulji Shah, both of P.O. Box 49086–00100, Nairobi in the Republic of Kenya, are registered as proprietors of all that piece of land known as L.R. No.
209/8585, situate in Nairobi Municipality in Nairobi Area, by virtue of a certificate of title registered as I.R. 30599/1, and whereas the land register in respect thereof is lost or destroyed, and whereas all efforts made to locate the said land register have failed, notice is given that
THE KENYA GAZETTE 2nd November, 2018
3834 3834 after the expiration of sixty (60) days from the date hereof, I intend to proceed with the reconstruction of the property register as provided under section 33 (5) of the Act, provided that no objection has been received within that period.
Dated the 2nd November, 2018.
O. J. CATTWRIGHT, MR/5555361 Registrar of Titles, Nairobi.
GAZETTE NO. 11285
THE LAND REGISTRATION ACT
(No. 3 of 2012)
LOSS OF A GREEN CARD
WHEREAS (1) Colin Edward Church and (2) Anthony Howard
Victor Church, are the beneficial owners of all that piece of land situate in the district of Kwale, registered under title No.
Kwale/Mswambeni “A”/2914, and whereas sufficient evidence has been adduced to show that the green card issued thereof is lost, notice is given that after the expiration of sixty (60) days from the date hereof, I shall issue a new green card, provided that no objection has been received within that period.
Dated the 2nd November, 2018.
D. J. SAFARI, MR/5555150 Land Registrar, Kwale District.
GAZETTE NO. 11286
THE LAND REGISTRATION ACT
(No. 3 of 2012)
ISSUE OF A NEW GREEN CARD
WHEREAS (1) Shida Abdulrahman Mohamed, (2) Ali
Abdulrahman Mwenza and (3) Mwanalima Abdall Tosha, are registered as proprietors in absolute ownership interest of all that piece of land situate in the district of Kwale, registered under green card No.
Kwale/Ukunda/5140, and whereas sufficient evidence has been adduced to show that the land title deed issued thereof has been lost, notice is given that after the expiration of sixty (60) days from the date hereof, I shall issue a new green card provided that no objection has been received within that period.
Dated the 2nd November, 2018.
D. J. SAFARI, MR/5342225 Land Registrar, Kwale District.
GAZETTE NO. 11287
THE LAND REGISTRATION ACT
(No. 3 of 2012)
ISSUE OF A NEW GREEN CARD
WHEREAS Midy Aydan Mireille Irene (PP/10AA92861), is registered as proprietor in absolute ownership interest of all that piece of land situate in the district of Kwale, registered under title No.
Kwale/Diani complex/1493, and whereas sufficient evidence has been adduced to show that the green card issued thereof has been lost, notice is given that after the expiration of sixty (60) days from the date hereof, I shall issue a new green card provided that no objection has been received within that period.
Dated the 2nd November, 2018.
D. J. SAFARI, MR/5342191 Land Registrar, Kwale District.
GAZETTE NO. 11288
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Stanley Njubi Itotia alias Njubi Itotia (deceased), is registered as proprietor of that piece of land containing 8.0 acres or thereabout, known as Kabete/Kibichiko/61, situate in the district of
Kiambu, and whereas the chief magistrate’s court at Kiambu, has issued grant of letters of administration to Margaret Wambui Njubi, and whereas the said title deed issued earlier to the said Stanley Njubi
Itotia alias Njubi Itotia (deceased), has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with registration of the said instruments of R. L. 19 and R. L. 7 and issue a land title deed to the said Margaret Wambui
Njubi, and upon such registration the land title deed issued to the said
Stanley Njubi Itotia alias Njubi Itotia (deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
J. M. KITHUKA, MR/5555149 Land Registrar, Kiambu District.
GAZETTE NO. 11289
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS George Muigai Njenga (deceased), is registered as proprietor of all that piece of land situate in the district of Nakuru, registered as Solai/Ndungiri Block 2/378, and whereas the High Court of Kenya in succession cause No. 250 of 2015, has issued a grant in favour of Ann Njoki Muigai, and whereas the said court has executed an application to be registered as proprietor by transmission R.L. 19, and whereas the land title deed in respect of George Muigai Njenga
(deceased) is lost, has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said title deed and proceed with registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Ann Njoki Muigai, and upon such registration the land title deed issued earlier to the said
George Muigai Njenga (deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. W. SUNGUTI, MR/5555128 Land Registrar, Nakuru District.
GAZETTE NO. 11290
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Veronicah Wangeci Ngitura (deceased), of Kirinyaga in the Republic of Kenya, is registered as proprietor of that piece of land known as Mutira/Kangai/1974, situate in the district of Kirinyaga, and whereas the senior principal magistrate’s court at Baricho in succession cause No. 495 of 2016, has issued grant and confirmation letters to (1) Wanjiku Gacoki Njagi and (2) Virginia Muthoni Kabuti, and whereas all efforts made to recover the land title deed issued and be surrendered to the land registrar for cancellation have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with registration of the said administration letters to
(1) Wanjiku Gacoki Njagi and (2) Virginia Muthoni Kabuti, and upon such registration the land title deed issued earlier to the said Veronicah
Wangeci Ngitura (deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
J. K. MUTHEE, MR/5555458 Land Registrar, Kirinyaga District.
GAZETTE NO. 11291
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENTS
WHEREAS Jeremiah Maina Makimi (deceased), of Kirinyaga in the Republic of Kenya, is registered as proprietor of those pieces of
2nd November, 2018 THE KENYA GAZETTE land known as Kiine/Gacharo/2276, Kiine/Sagana/2510, Kiine/Sagana/3638, Kiine/Sagana/3508 and Mwerua/Kithumbu/1454, situate in the district of Kirinyaga, and whereas the High Court at
Mombasa in succession cause No. 212 of 2009, has issued grant and confirmation letters to Loise Nyaguthi Kabutu, and whereas all efforts made to recover the land title deeds issued and be surrendered to the land registrar for cancellation have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deeds and proceed with registration of the said administration letters to Loise Nyaguthi
Kabutu, and upon such registration the land title deeds issued earlier to the said Jeremiah Maina Makimi (deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
J. K. MUTHEE, MR/5555457 Land Registrar, Kirinyaga District.
GAZETTE NO. 11292
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Kariuki Njuguna (deceased), is registered as proprietor of that piece of land containing 0.57 hectare or thereabouts, known as Naivasha/Maraigushu Block 1/501, situate in the district of
Naivasha, and whereas the High Court at Nairobi in succession cause
No. 5 of 2005, state that the said piece of land is inherited by Hannah
Ringa Kariuki whole share, and whereas all efforts made to compel the registered proprietor to surrender the land title deed issued in respect of the said piece of land to the land registrar have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided that no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with registration of the said land register and registration of the land title deed to the said Hannah Ringa Kariuki, and upon such registration the land title deed issued earlier to the said Kariuku
Njuguna, shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. WACUKA, MR/5342360 Land Registrar, Naivasha District.
GAZETTE NO. 11293
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Peter Ngugi Mwangi, of P.O. Box 339, Thika in the
Republic of Kenya, is registered as proprietor of that piece of land known as Machakos/Mamba/376, situate in the district of Machakos, and whereas the senior resident magistrate of the chief magistrate’s
Court at Thika in succession cause No. 363 of 2006, has ordered that the said piece of land be transferred to Pelis Wangui Ngugi, of P.O.
Box 339, Thika in the Republic of Kenya, and whereas the senior resident magistrate of the chief magistrate’s Court at Thika has in pursuance to an order of the said court executed the grant and confirmation of the said piece of land in favour of the above named
Peter Ngugi Mwangi, of P.O. Box 339, Thika in the Republic of
Kenya, and whereas all efforts made to compel the registered proprietor to surrender the land title deed issued in respect of the said piece of land to the land registrar have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided that no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with registration of the said instrument of transfer and issue a land title deed to the said Pelis Wangui Ngugi, and upon such registration the land title deed issued earlier to the said Peter Ngugi Mwangi, shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
G. M. NJOROGE, MR/5342310 Land Registrar, Machakos District.
GAZETTE NO. 11294
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Charles Meru Marete (deceased), is registered as proprietor of that piece of land known as Kiirua/Naari/2370, in succession cause No. 450 of 2014, has issued grant of letters of administration and certificate of confirmation of grant in favour of
Harriet Karimi Charles, and whereas the said court has executed an application to be registered as proprietor by transmission R. L. 19 in respect of the said piece of land, and whereas the said title deed issued earlier to the said Charles Meru Marete (deceased), has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with the registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Harriet Karimi Charles, and upon such registration the land title deed issued earlier to the said Charles Meru Marete
(deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. MAKAU, MR/5342329 Land Registrar, Meru Central District.
GAZETTE NO. 11295
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Charles Meru Marete (deceased), is registered as proprietor of that piece of land known as Kiirua/Naari/2372, in succession cause No. 450 of 2014, has issued grant of letters of administration and certificate of confirmation of grant in favour of
Harriet Karimi Charles, and whereas the said court has executed an application to be registered as proprietor by transmission R. L. 19 in respect of the said piece of land, and whereas the said title deed issued earlier to the said Charles Meru Marete (deceased), has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with the registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Harriet Karimi Charles, and upon such registration the land title deed issued earlier to the said Charles Meru Marete
(deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. MAKAU, MR/5342329 Land Registrar, Meru Central District.
GAZETTE NO. 11296
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Charles Meru Marete (deceased), is registered as proprietor of that piece of land known as Kiirua/Naari/2369, in succession cause No. 450 of 2014, has issued grant of letters of administration and certificate of confirmation of grant in favour of
Harriet Karimi Charles, and whereas the said court has executed an application to be registered as proprietor by transmission R. L. 19 in respect of the said piece of land, and whereas the said title deed issued earlier to the said Charles Meru Marete (deceased), has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with the registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Harriet Karimi Charles, and upon such registration the land title deed issued earlier to the said Charles Meru Marete
(deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. MAKAU, MR/5342329 Land Registrar, Meru Central District.
THE KENYA GAZETTE 2nd November, 2018
3836 3836
GAZETTE NO. 11297
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Charles Meru Marete (deceased), is registered as proprietor of that piece of land known as Kiirua/Naari/2367, in succession cause No. 450 of 2014, has issued grant of letters of administration and certificate of confirmation of grant in favour of
Harriet Karimi Charles, and whereas the said court has executed an application to be registered as proprietor by transmission R. L. 19 in respect of the said piece of land, and whereas the said title deed issued earlier to the said Charles Meru Marete (deceased), has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with the registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Harriet Karimi Charles, and upon such registration the land title deed issued earlier to the said Charles Meru Marete
(deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. MAKAU, MR/5342329 Land Registrar, Meru Central District.
GAZETTE NO. 11298
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Charles Meru Marete (deceased), is registered as proprietor of that piece of land known as Kiirua/Naari/2371, in succession cause No. 450 of 2014, has issued grant of letters of administration and certificate of confirmation of grant in favour of
Harriet Karimi Charles, and whereas the said court has executed an application to be registered as proprietor by transmission R. L. 19 in respect of the said piece of land, and whereas the said title deed issued earlier to the said Charles Meru Marete (deceased), has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with the registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Harriet Karimi Charles, and upon such registration the land title deed issued earlier to the said Charles Meru Marete
(deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. MAKAU, MR/5342329 Land Registrar, Meru Central District.
GAZETTE NO. 11299
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Mutungi s/o Mukindia alias M’Mutungi M’Mukindia
(deceased), is registered as proprietor of that piece of land known as
Kibirichia/Kibirichia/311, situated in the district of Meru, and whereas the High Court in succession cause No. 695 of 2015, has issued grant of letters of administration and certificate of confirmation of grant in favour of Joseph Mwirigi, and whereas the said court has executed an application to be registered as proprietor by transmission R. L. 19 in respect of the said piece of land, and whereas the said title deed issued earlier to the said Mutungi s/o Mukindia alias M’Mutungi
M’Mukindia (deceased) has been reported missing or lost, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed with the registration of the said application to be registered as proprietor by transmission R. L. 19 in the name of Joseph Mwirigi, and upon such registration the land title deed issued earlier to the said
Mutungi s/o Mukindia alias M’Mutungi M’Mukindia (deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
C. M. MAKAU, MR/5558910 Land Registrar, Meru Central District.
GAZETTE NO. 11300
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Fredrick Onyango Ochieng, is registered as proprietor of that piece of land containing 0.20 hectare or thereabouts, known as
East Alego/Mulaha/3165, situate in the district of Siaya, and whereas the land registrar has established that the land title deed was acquired fraudulently, and whereas all efforts made to recover the land title deed issued in respect of the said piece of land by the land registrar have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no objection has been received within that period, I intend to dispense with the production of the said land title deed and register Erick Ogumbe Onyango, and upon such registration the land title deed issued earlier to Fredrick Onyango
Ochieng, shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
M. MOGARE, MR/5342220 Land Registrar, Siaya District.
GAZETTE NO. 11301
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
WHEREAS Doris Wadenda alias Nereya Wadenda Othim
(deceased), of P.O. Box 348, Luanda in the Republic of Kenya, is registered as proprietor of that piece of land known as East
Gem/Uranga/568, situate in the district of Siaya, and whereas the principal magistrate’s court at Siaya in succession cause No. 341 of
2016 has ordered that the said piece of land be registered in the name of (1) Janet Alwala Ochido and (2) Flora Atieno Odhiambo, and whereas all efforts made to recover the land title deed issued thereof by the land registrar to have failed, notice is given that after the expiration of thirty (30) days from the date hereof, provided no valid objection has been received within that period, I intend to dispense with the production of the said land title deed and proceed eith registration of the said grant document and issue a land title deed to the said (1) Janet Alwala Ochido and (2) Flora Atieno Odhiambo, and upon such registration the land title deed issued to the said Doris
Wadenda alias Nereya Wadenda Othim (deceased), shall be deemed to be cancelled and of no effect.
Dated the 2nd November, 2018.
P. A. OWEYA, MR/5555317 Land Registrar, Siaya District.
GAZETTE NO. 11302
THE LAND ACT
(No. 6 of 2012)
DUALLING OF NORTHERN AND EASTERN BY-PASS
INTENTION TO ACQUIRE
IN PURSUANCE of sections 112 and 162(2) of the Land Act, 2012 Part VIII, the National Land Commission on behalf of Kenya
Urban Roads Authority (KURA) gives notice that the National
Government intends to acquire the following land parcels for the dualling of Northern and Eastern By-pass in Nairobi City County.
SCHEDULE
Plot No. Registered Owner Area Affected
(Ha.)
Nairobi Block 115/21 George Muchene Kirumba 0.006
Nairobi Block 115/22 Thomas Irungu Kigoi and
Agnes Wairimu Gakunga
0.011
Nairobi Block 115/23 George Muchene Kirumba 0.015
Nairobi Block 115/24 James Kamau Kaaaniu 0.043
Nairobi Block 115/25 Elizabeth Wairimu Kamau 0.045
Nairobi Block 115/26 0.045
Nairobi Block 115/27 Moses Kamau Githae 0.04
Nairobi Block 115/28 Astrol Petroleum Company
Limited
0.043
2nd November, 2018 THE KENYA GAZETTE
Plot No. Registered Owner Area Affected
(Ha.)
Nairobi Block 115/35 Apex Coating East Africa
Limited
0.004
Nairobi Block 115/36 Apex Coating East Africa
Limited
0.009
Nairobi Block 115/37 Nelly Waithira Kinjanjui 0.014
Nairobi Block 115/38 0.019
Nairobi Block 115/39 Rowland Wangira Ngengwa 0.024
Nairobi Block 115/40 Ikigu Abraham Kailemia 0.053
Nairobi Block 115/41 Pauline Wanjiku Mubia 0.054
Nairobi Block 115/42 0.054
Nairobi Block 115/43 Isabel Njoki Njuguna 0.054
Nairobi Block 115/44 Miriam Wangui Kingori 0.055
Nairobi Block 115/45 John Kingori Kariuki 0.056
Nairobi Block 115/46 0.056
Nairobi Block 115/47 0.056
Nairobi Block 115/48 0.057
Nairobi Block 115/49 0.057
Nairobi Block 115/50 0.058
Nairobi Block 115/51 Esther Wangari Ngari 0.058
Nairobi Block 115/52 Esther Wangari Ngari 0.054
Nairobi Block 115/53 Livingstone Kamande Gitau 0.055
Nairobi Block 115/54 Livingstone Kamande Gitau 0.055
Nairobi Block 115/55 Pelagiah Wanjiru Kamau 0.055
Nairobi Block 115/56 Samuel Karanja Kihonge 0.056
Nairobi Block 115/57 James Kamau Kaniu 0.056
Nairobi Block 115/58 Hannah Wambui Kamau 0.027
Nairobi Block 115/60 0.052
Nairobi Block 115/61 Edward Mathu Kamau 0.051
Nairobi Block 115/62 Susan Muthoni Karanja 0.05
Nairobi Block 115/63 0.05
Nairobi Block 115/64 John Mathenge 0.009
Nairobi Block 115/153 Esther Wangari Macharia 0.013
Nairobi Block 115/154 Raphael Kibiru Tutuma 0.018
L.R No. 9039/3 Pauline Wanjiku Mubia and
Wanjiku Kamau
1.833
Plans of the affected land may be inspected during office hours at the office of the National Land Commission, Ardhi House, 3rd Floor, Room No. 305, 1st Ngong Avenue, Nairobi. Notice of inquiries will be published in the Kenya Gazette as per section 112 (1) of the Land Act.
Dated the 21st September, 2018.
ABIGAEL M. MUKWOLE, MR/5342303 Ag.Chairperson, National Land Commission.
GAZETTE NO. 11303
THE ENERGY ACT
(No. 12 of 2006)
DECISION ON THE TARIFF APPLICATION FOR TATU CITY POWER
COMPANY LIMITED
PURSUANT to the provisions of section 6 (f), (i) and section 43
(1), (3) of the Energy Act, the Energy Regulatory Commission notifies the general public that it has considered the tariff application made by
Tatu City Power Company Limited for a mini-grid tariff. The
Commission has approved the applicable tariffs to be as per KPLC approved schedule of tariffs July 2018 for a period of one (1) year, with effect from the 1st July, 2018.
ROBERT PAVEL OIMEKE, MR/5555096 Director-General.
GAZETTE NO. 11304
THE LEGAL EDUCATION ACT
COUNCIL OF LEGAL EDUCATION
EXAMINATION TIMETABLE
IT IS notified for general information that the November 2018 Bar
Examination shall run from Thursday, 15th November to Tuesday, 27th November, 2018 commencing on each day at 9.00 a.m. at the
Kenya School of Law, Bomas of Kenya and Jomo Kenyatta University of Agriculture and Technology, Karen Campus.
Notices on instructions for candidates are available on the
Council’s website; www.cle.or.ke and on notice boards at the Council of Legal Education offices, Karen Office Park, Karen.
ALL candidates are advised to read these instructions carefully.
Examination cards must be collected from the Council offices from
Wednesday, 31st October to Wednesday, 14th November, 2018 at
Karen Office Park, Baobab Block, Ground Floor.
Take notice that no examination card shall be issued after the deadline.
Physically challenged candidates who may require additional support during the examinations are requested to get in touch with the
Department of Examinations prior to the commencement of the examination for any assistance they may require.
The Examination Timetable is as below:
Day Date Morning (9 a.m. to 12 noon)
Thursday 15th November, 2018 ATP 100 Civil Litigation
Friday 16th November, 2018 ATP 106 Legal Practice
Management
Monday 19th November, 2018 ATP 107 Conveyancing
Tuesday 20th November, 2018 ATP 102 Probate and
Administration
Wednesday 21st November, 2018 ATP 103 Legal Writing and
Drafting
Thursday 22nd November, 2018 ATP 105 Professional Ethics
Friday 23rd November, 2018 ATP 101 Criminal Litigation
Monday 26th November, 2018 ATP 108 Commercial
Transactions
Tuesday 27th November, 2018 ATP 104 Trial Advocacy
Dated the 18th October, 2018.
J. K. GAKERI, Secretary/Chief Executive Officer, MR/5342342 Council of Legal Education.
GAZETTE NO. 11305
THE UNCLAIMED FINANCIAL ASSETS ACT
(No. 40 of 2011)
THE UNCLAIMED FINANCIAL ASSETS AUTHORITY
NO OBJECTION
NOTICE is issued pursuant to regulation 12 of the Unclaimed
Financial Assets Regulations, 2016 that the Unclaimed Financial
Assets Authority has received claims for unclaimed assets from the following persons claiming as administrators of the estates of deceased persons and agents of the original owners. Further take notice that if no objection has been lodged at the offices of the Authority at the address below within thirty (30) days of the date of publication of this notice, payment will be made to the aforementioned persons.
Claimant’s
Name/Administrator
Name of Original
Owner/Deceased Holder
Lucy Karungari Chege Chege Gichure Barclays Bank of
Kenya
Francis Muthee Karuitha Esther Ruiru
Karuitha
East African
Breweries Limited
Deputy County
Commissioner, Nyandarua West
Raphael Njoroge
Ngugi
Kenya Commercial
Bank and East
African Breweries
Limited
Gilbert Job Ogola Benson Otieno
Ogola
Co-operative Bank of
Kenya
Kesia Waithera
Mathenge and Harrison
Elias Mwangi
Gathaiya
Standard Chartered
Bank
THE KENYA GAZETTE 2nd November, 2018
3838 3838
Claimant’s
Name/Administrator
Name of Original
Owner/Deceased Holder
Kimemia Mwangi
Joseph Mwangi Mbaria and Paul Muchunu
Mbaria
Mbaria Mathai
Francis
Standard Chartered
Bank, East African
Breweries Limited, Kenya Airways
Martin Magothe Munge Lucy Muthithi
Munge
Standard Chartered
Bank
Byron Agwenyi
Kusimba, Judith Omolo
Singoro and Kevin Denis
Odongo Kusimba
Boniface Robert
Kusimba
Standard Chartered
Bank
Ruth Wairimu Mwangi and Christine Njeri
Mwangi
Charity Wamukore
Mwangi
Standard Chartered
Bank
Pius Joseph Muthusi Robert Munguti
Muthusi
Nation Media Group
Shafiga Said Karama Uba Mwalimu
Abubakar
Barclays Bank of
Kenya
Dorcas Nyokabi Kahiga and Rosemary Njambi
Gichuki
Henry Gichuki
Mbugua
Barclays Bank of
Kenya
Nuria Hussein Dabaso and Sadam Hussein
Dabaso
Hussein Dabasso
Jattani
Barclays Bank of
Kenya
Patrisia Njeri Kairu Kahengeri Kairu Standard Chartered
Bank
Shah Hansaben
Manharlal Kalidas
Sunderji
Manhar and Hansa
Manhar Shah
Prime Bank Limited
George Kahoho
Wainaina and James
Mbogoro Wainaina
Wainaina Mbogoro Co-operative Bank of
Kenya
Elizabeth Wanjugu
Karanja and Peter Mbau
Elias
John Gitau Elias Co-operative Bank of
Kenya
Judith Makali Nasimiyu George Jairus
Lukhale Chetutume
Kenya National
Assurance Company
Limited
Peter Irungu Mwangi Kamau Justus
Mwangi
Barclays Bank of
Kenya, Sameer
Africa, Standard
Chartered Bank and
National Bank of
Kenya
Public Trustee, Mombasa Philip Agatha
Kakuvi
Standard Chartered
Bank
Patel Ashokkumar
Babubhai
Babubhai Ashabhai
Patel
Bank of India, CFC
Stanbic Bank and
Bank of Baroda
Public Trustee, Mombasa Phasila Kamwenya Standard Chartered
Bank
Benson Mugo Karuku Esther Njeri Karuku East African
Breweries Limited
Harriet Waithera Muratha and Elizabeth Waturi
Muratha
Peninah Wambui
Muratha
Standard Chartered
Bank
Nancy Alusa Jayuga Mark Kanzika
Kilwaye
Jubilee Insurance
Company Limited
Fatuma Chepkemoi
Cheres and Esther
Chepkorir Maridany
Willy Kipkones
Cheres
Kenya National
Assurance Company
Limited
Peter Washiko Fedha and
Fred Chibeu Fedha
Nathan Washiko
Fedha
Standard Chartered
Bank
Maria Chepyator Litamoi Joseph Kibiwot
Litamoi
Safaricom Limited
Rispah Naliaka Simiyu Joseph Okumu
Simiyu
Standard Chartered
Bank
Joseph Kihara Muiru Trevon Muiru Equity Bank Kenya
Limited
Nellie Ithae Mwanzia Phillip Maingi
Mwanzia
Standard Chartered
Bank and HFC Group
Mansukhlal Mulchand
Devji Shah and
Hasmukhlal Mulchand
Devji Shah
Mulchand Devji
Shah
I & M Bank Limited
Claimant’s
Name/Administrator
Name of Original
Owner/Deceased Holder
Selly Chepkorir Koskei Moses Kimutai
Koskei
Kenya National
Assurance Company
Limited
LOSS OF POLICY
NOTICE is issued pursuant to regulation 9 of the Unclaimed
Financial Assets Regulations, 2016 that the Unclaimed Financial
Assets Authority has received claims for unclaimed assets from the following persons who, through sworn affidavits, have indicated that the original policy documents have been lost.
Claimant’s Name Policy No. and Name of
Policy Holder
Name of Issuing
Insurance Company
Samuel Ogola Ogola Samuel Onyango–
20047874
Britam Life
Assurance Company
Limited
Tabitha Mwikali
Mutule
Tabitha Mutule–003525 Kenindia Assurance
Company Limited
James Githu
Mbugua
James Githu Mbugua–
20124641 and 1875352
Britam Life
Assurance Company
Limited
Erastus Gilbert
Kihara
Erastus Gilbert Kihara–
101482
Jubilee Insurance
Company Limited
Harry Mwangi
Kuria
Harry Mwangi Kuria—
20059348
Britam Life
Assurance Co. Ltd
Martha Ngina
Wambua
Martha Ngina Wambua–
177936
Jubilee Insurance
Company Limited
Emily Wanjiru
Njuguna
Emily Wanjiru Njuguna—
1864703
Britam Life
Assurance Company
Limited
Esnas Wekundah Esnas Wekundah Masolo–
0282764
Kenya National
Assurance Company
Limited
Nancy Alusa
Jayuga
Mark Kanzika Kilwaye–
131139
Jubilee Insurance
Company Limited
Fatuma
Chepkemoi
Cheres and Esther
Chepkorir
Maridany
Willy Kipkones Cheres–
0811711 and 1473115
Kenya National
AssuranceCompany
Limited
Elizabeth Mugure
Kimotho
Elizabeth Mugure
Kimotho–37001347
Old Mutual Life
AssuranceCompany
Limited
Further notice is given that unless objection to the claims is lodged at the offices of the Authority at the address below within thirty (30) days from the date hereof, payment will be made to the aforementioned persons on the evidence of the sworn affidavit for lost original policy document and any liability on the lost policy document will immediately cease.
Unclaimed Financial Assets Authority, Pacis Centre, 2nd Floor, off
Waiyaki Way, P. O. Box 28235–00200, Nairobi.
K. E. KARIUKI, MR/5342232 Chief Executive Officer.
GAZETTE NO. 11306
THE ENERGY ACT
(No. 12 of 2006)
ISIOLO PROJECT LIMITED
APPLICATION FOR ELECTRIC POWER GENERATION LICENCE
NOTICE is given that Isiolo Project Limited, a limited liability company having its registered office at Hakika House, Bishop Road, P.O. Box 60680–00200, Nairobi (“the Applicant”) pursuant to the
2nd November, 2018 THE KENYA GAZETTE provisions of section 28 of the Energy Act, will on 1st November, 2018, make an application to the Energy Regulatory Commission for an electric power generation licence in Meru, Meru County.
Any public or local authority, company, person or body of persons desirous of amking any representation on or objection to the application must do so by a letter addressed to the Energy Regulatory
Commission and marked on the outside of the cover enclosing it
“Electric Power Generation Licence Representation/Objection”, on or before the expiration of thirty (30) days from the date of application and a copy of such representation or objection must be forwarded to the registered office of the applicant.
Dated the 25th October, 2018.
THE DIRECTOR, MR/5555130 Isiolo Project Limited.
GAZETTE NO. 11307
COUNTY GOVERNMENT OF KISUMU
COUNTY PUBLIC SERVICE BOARD
REPORT OF THE KISUMU COUNTY PUBLIC SERVICE BOARD TO THE
COUNTY ASSEMBLY FOR THE YEAR ENDING 31ST DECEMBER, 2016
Part I: Executive Summary
The Kisumu County Public Service Board, in line with section 59
(1) (d) of the County Governments Act, is required to prepare and present to the County Assembly an Annual Report of all its activities for each calendar year. In line with this, the Board in compliance with the Act has completed its report for the year 2016.
During the year under review, the Board undertook various activities in the areas of recruitment and selection, induction, human resource audit and performance management, finance and ICT, discipline and ethics.
The Board advertised, interviewed and selected new staff in the following departments:
(a) Industrialization.
(b) Communication Information and Technology.
(c) Agriculture.
(d) Health.
All the selected candidates, with the exception of department of health, have reported to their respective appointments
The Board undertook suitability interviews for employees in the following departments:
(a) Health
(b) Governance and Administration
(c) Education, Gender, Youth and Culture
(d) City of Kisumu
In addition, the Board absorbed newly graduated doctors that were seconded by the Intergovernmental Relations Committee.
Upon receiving various requests from the user departments of
Kisumu County, the Board initiated the process of recruitment of new staff in the departments of; 1) Treasury, 2) Health Promotion and
Investments, 3) Roads Transport and Public Works, 4) Education, Youth, Culture and Social Services, 5) Green Energy and Climate
Change, 6) Planning and Communication, 7) Water, 8) Commerce
Tourism and Heritage, 9) Agriculture, Livestock, Veterinary and
Fisheries and 10) Administration. This exercise is expected to be concluded by August 2017.
The Board formally launched its Strategic plan and the County
Human Resource Manual which has since been operationalized. The other key policy documents, namely the Board Charter, the Code of
Conduct and Ethics, the County’s Discipline Manuals, are in draft stages and are expected to undergo stakeholder participation by end of the first quarter of 2017.
The Board also undertook a process to confirm that the job evaluation exercise report authored by PricewaterHouse Coopers and co-ordinated by the Salaries and Remuneration Commission was a true reflection of the positions analyzed in the County Government of
Kisumu.
The Board is part of the team that negotiated the return to work formula and is currently negotiating the Collective Bargaining
Agreement between the County Government and the Kenya National
Union of Nurses.
In the discharge of its duties, the Board has been sensitive to the need to strictly observe and inculcate the national values and the values and principles of public service as enshrined in Articles 10 and
232 of the Constitution of Kenya 2010. To this end, it has conducted departmental trainings on the need to comply with the principles and values of public service.
The Board, with the support from the Department of Roads, Transport and Public works sourced for a contractor to renovate the former Education office in Milimani. This Office had been allocated to the Board by the County Government, and the Board is currently discharging its duties in the new building, though works have not been completed to expected standards. The works will be completed when additional funds are availed as budgeted in the 2017/2018 Budget.
In ensuring that Values and principles of governance and public service is complied with, the Board worked with the National Anti-
Corruption Oversight Committee and constituted the Kisumu County
Anti-Corruption Oversight committee.
Part II: Preamble
The Kisumu County Public Service Board was appointed on 27th
November, 2013 in accordance with sections 56 and 57 of the County
Governments Act which provides the framework of uniform standards as stipulated in Article 235 (1) of the Constitution of Kenya 2010. The
Board is accountable to the County Assembly and must make an annual report to the County Assembly on its activities and performance.
1. Establishment of the County Public Service Board
The County Public Service Board of Kisumu was established in line with The County Governments Act, section 57. The section states inter alia that:
There is established a County Public Service Board in each County, which shall be—
(a) a body corporate with perpetual succession and a seal; and
(b) capable of suing and being sued in its corporate name.
The County Public Service Board of Kisumu County came into being on 27th November, 2013 through Kenya Gazette Notice Number
14935 of the same date and thereafter, the Board members were sworn in on 28th November, 2013.
2. Functions and Powers of the County Public Service Board
Section 59 of the County Governments Act provides the functions and powers of a County Public Service Board and these are to—
(a) establish and abolish offices in the County Public Service;
(b) appoint persons to hold or act in offices of the County Public
Service including in the Boards;
(c) exercise disciplinary control over, and remove, persons holding, or acting in those offices as provided for under this part;
(d) prepare regular reports for submission to the County Assembly on the execution of the functions of the Board;
(e) promote in the County Public Service the values and principles referred to in Articles 10 and 232;
(f) evaluate and report to the County Assembly on the extent to which the values and principles referred to in Articles 10 and
232 are complied with in the County Public Service;
(g) facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties;
THE KENYA GAZETTE 2nd November, 2018
3840 3840
(h) advise the County Government on human resource management and development;
(i) advise County Government on implementation and monitoring of the national performance management system in counties;
and
(j) make recommendations to the Salaries and Remuneration
Commission, on behalf of the County Government, on the remuneration, pensions and gratuities for County Public
Service employees.
3. Composition of the Board
Section 58 of the County Governments Act provides for the composition of the County Public Service Board. Section 58 provides
(among others) that:
(1) The County Public Service Board shall comprise—
(a) a chairperson nominated and appointed by the County
Governor with the approval of the County Assembly;
(b) not less than three but not more than five other members nominated and appointed by the County Governor, with the approval of the County Assembly; and
(c) a certified public secretary of good professional standing nominated and appointed by the Governor, with the approval of the County Assembly, who shall be the Secretary to the Board.
The Kisumu County Public Service Board is composed of seven members as listed below:
1. Nashon Wilson Ogwang’ Oguya (Eng.), Chairman of the Board
2. Betty A.O. Asunah, Vice-Chairperson to the Board and
Chairperson for the Agenda Committee
3. Hesbon Owuor Hongo, Secretary and member of the Finance
Committee
4. Moses Odingo, Member of the Board, and Chair for Discipline, Governance and Ethics Committee
5. Jackson Odeny Oyoo, Member of the Board, and Chair for
Human Resource Audit and Performance Committee
6. Emily Atieno Olago, Member of the Board, and Chairperson for
Recruitment and Selection Committee
7. Violet Sally Onyango, Member of the Board, and Chairperson for the Finance Committee
4. Board Committees
The Board established five (5) committees to assist it deliver on its mandate, with each committee consisting of at least four Board members. The Board will from time to time co-opt other members in attendance depending on the issue under deliberation.
The committees are:
1. Human Resource Audit, Capacity Building and Performance
Management
2. Agenda and Implementation
3. Discipline, Governance and Ethics
4. Finance and ICT
5. Recruitment, Selection and Induction
Part III: The Report
1. Objectives of the Report
Pursuant to the County Governments Act, 2012, section 59 (1) (d), (e), (3), (5) and (6), the County Public Service Board is required to report to the County Assembly every December on its activities during the year.
The main objectives of the report are to ensure that the Board:
(a) Complies with the relevant provisions of the County
Governments Act, 2012, labour laws, regulatory requirements, corporate governance and best practices of human resource activities, as pertains to the preparation and submission of the annual report to the County Assembly.
(b) Reports its activities in a transparent manner to enhance transparency and accountability.
2. Scope of the Report
This report covers the period from 1st January, 2016 to 31st
December 2016.
3. Recruitment and Selection
(a) Concluded Recruitment Process during the Year 2016
Department Total M F Y PWD Dominant
Community
Non-
Dominant
Community
Governance 3 2 1 0 0 3 0
Energy and
Mining
4 2 2 3 0 4 0
Agriculture and
Livestock
28 20 8 26 0 24 4
Industrializa
-tion
7 3 4 2 0 7 0
CIT 10 5 5 5 0 10 0
Drivers 61 61 0 47 0 61 0
Health 512 236 276 463 2 476 36
Cross
Transfer
4 2 2 0 0 3 1
Finance 1 1 0 0 0 1 0
Education and Sports
24 17 7 3 0 23 1
Public
Service
Board
4 1 3 2 0 2 2
Total 658 350 308 551 2 614 44
% of the
Total
53.2 46.8 83.7 0.30 93.3 6.7
(b) Recruitment Work in Progress
The short-listing process for the following positions were completed and interviews are projected to be completed by the end of second quarter of 2017. The positions are indicated below;
DEPARTMENT OF EDUCATION, YOUTH, CULTURE AND
SOCIAL SERVICES
Position Number needed
Total
Applications
Total
Shortlisted
Director of Youth, Sports and
Talent Development
1 33 11
Programme Officer for Youth, Sports and Talent
Development
1 14 4
Sub-County Cultural Officer 7 115 54
Director of Gender and Social
Development
1 58 18
Counselor 1 48 17
Sub-County Vocational
Training and quality assurance
Officer
3 66 22
Gender and Social
Development Officer
1 119 29
Sub-County Home Craft
Centers Officer
7 45 19
Social Development Assistants 14 464 135
Director Vocational Training 1 21 13
Director E.C.D. E 1 44 6
County Quality Assurance
Inspector
1 65 41
Sub-County E.C.D.E Quality
Assurance
7 166 67
Director of Culture and Arts 1 29 7
Director, Directorate of
Alcoholic Drinks and Control
1 34 10
Office Administrator 1 116 Ongoing
HUMAN RESOURCES
DEPARTMENT
Human Resource Management
Officer II
1 41 Ongoing
2nd November, 2018 THE KENYA GAZETTE
Position Number needed
Total
Applications
Total
Shortlisted
DEPARTMENT OF ROADS, TRANSPORT AND PUBLIC
WORKS
Records Management and
Information Systems Officer II 1 34 Ongoing
Clerical Officer II 10 628 76
Office Administrator III 1 86 Ongoing
Public Relations Officer 1 60 13
Director of Public Works 1 5 Re-called by the department
Architect II 2 10 6
Architectural Assistant 2 22 14
Quantity Surveyor Assistant 2 29 11
Structural Engineering
Assistant
2 21 7
Quantity Surveyor 2 8 4
Structural Engineer 2 17 13
Building Inspector 7 75 30
Fire Officer 1 3 to be re- advertised
Director of Roads 1 3 Recalled by the department
Roads Engineer 2 17 12
Roads Inspector 7 76 41
Material Technician 2 24 11
Roads Engineering Assistant 2 28 18
Director of Transport 1 7 Recalled by the department
Manager-Motorized Fleet 1 7 3
Assistant Manager-Fleet
Management
1 13 6
Workshop Supervisor 2 18 7
Plant Operator 10 81 54
Motor Vehicle Technician 2 15 5
Motor Vehicle Inspector 2 5 3
Motor Vehicle Artisan 2 12 7
Resource Mobilization Officer 1 27 11
Research Officer 1 23 9
Public Transport Officer 1 5 Ongoing
Public Transport Inspector 2 2 To be re- advertised
Senior Office Administrative
Assistant
1 71 On-going
DEPARTMENT OF GREEN
ENERGY AND CLIMATE
CHANGE
Director of Renewable Energy
Technologies 1 13 5
Director of Climate Change 1 27 9
Monitoring and Evaluation
Officer
1 60 19
Resource Mobilization Officer 1 34 10
Technical Officer II-Electrical
(Solar, Biogas and Biomass)
3 47 22
Technical Officer II-Climate
Change (Adaptation and
Mitigation)
3 82 26
Senior Administrative Officer 1 93 Ongoing
DEPARTMENT OF
PLANNING AND
COMMUNICATIOIN
Sub-County Planning and
Development Officer 3 70 18
Monitoring and Evaluation
Officer
8 135 34
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
Director of Research, Policy and Strategy Development 1 20 6
Director of Conservation and
Stewardship
1 17 5
Position Number needed
Total
Applications
Total
Shortlisted
Environment Officer 5 217 63
DEPARTMENT OF WATER
Director of Water
Infrastructure Development and Resource Mobilization 1 9 7
Director of Water and
Sewerage Service Provision
1 11 4
Chief Superintendent Water 1 19 5
Senior Superintendent Water 1 19 4
Sub-County Water Officer 1 37 13
Driller 1 2 To be re- advertised
DEPARTMENT OF
COMMERCE, TOURISM
AND HERITAGE
Trade Development Officer 1 33 10
Heritage and Cultural Tourism
Officer
1 18
Director of Tourism and
Heritage
1 14 3
Director of Commerce 1 37 8
Tourism Marketing Officer 1 32 7
Tourism Standards Officer 1 14 8
Sub-County Trade and
Tourism Officer
5 117 45
DEPARTMENT OF
FINANCE
Deputy Director of
Accounting 1 36 14
Assistant Chief Accountant-
Accountant and Reporting
1 35 8
Assistant Chief Accountant-
Compliance and Examination
1 35 16
Assistant Chief Accountant-
Expenditure
1 46 7
Assistant Chief Accountant-
Payments
1 61 7
Assistant Chief Accountant-
Debts, Assets and Risk
Management
1 29 11
Accountant I 29 416 150
Accountant II 10 404 148
Accountant III 10 370 104
Accounts Clerk I 18 435 117
Senior Supply Chain
Management Officer
1 19 4
Supply Chain Management
Officer I
9 116 18
Supply Chain Management
Officer II
13 203 81
Supply Chain Management
Officer III/Purchasing Officer
III
12 322 84
Office Administrative
Assistant I
1 145 Ongoing
RE-ADVERTISENMENTS
Chief Officer for Agriculture, Fisheries and Livestock 1 21 7
Medical Engineering
Technologist
7 58 38
IT Project Team
Implementers/Desk Officers
10 217 64
Note: The final numbers will be subject to review based on capacity to absorb in the budget.
Interviews for the positions of County Policing Authority and
County Audit team were conducted and selections are in the final stages
4. Staff Induction
Induction was carried out for the newly appointed staff in the various departments in the first quarter of 2016. However due to budgetary constraints, no further induction took place.
THE KENYA GAZETTE 2nd November, 2018
3842 3842
5. Seminars, Workshops, Conferences
In addition to courses offered by relevant professional bodies, the
Board attended various seminars, workshops and conferences as well as capacity building courses aimed at effective and efficient service delivery, among them; Contemporary Public Management
Administration, Design and Implementation of Human Resource
Policies, Board evaluation, Leadership, Good Governance and
Financial Management in the Public Sector, Training in leading with
Integrity.
5.1 Staff Training
Two Board members and a secretariat staff attended training during the year 2016 on full sponsorship by the Kisumu Urban Project
(KUP).
6 Committee Reports
6.1 Discipline, Ethics and Governance
During the period under review, the following discipline cases were forwarded to the Board:
(a) The Kisumu Industrial and Labour court case No. 21 of 2014 involving thirty- two (32) former parking revenue collectors whose contracts were terminated. The Court ruled in favour of the claimants and ordered them to be paid KSh. 5,210,000.00.
(b) The Nairobi Employment and Labour Relations Court Petition
No. 39 of 2016 concerning Doris C. Ombara which is yet to be concluded.
6.2. Human Resource Advisory Committee
The Board delegated some of its mandate to the Human Resource
Advisory Committee (HRAC), which was operationalized vide its
Circular No 01/04/2015, to handle among others, departmental disciplinary cases, staff training needs assessment and promotions for officers in Job Groups J and below. The Committee is composed of the following members with the option to coopt other members as and when necessary:
(a) County Secretary–(Chairman)
(b) Director Human Resource Management (County)–(Secretary)
(c) Chief Officer/Finance
(d) Chief Officer/Health
(e) Chief Officer/Agriculture
(f) Chief /Officer/Education, Gender, Youth, Culture and Social
Services
(g) Chief Officer/Transport and Infrastructure
(h) Chief Officer/Administration and Public Service
(i) City Manager –Kisumu City
6.3 Human Resource, Audit and Performance Management
The Board successfully launched the County Human Resource
Policy and Procedure Manual, alongside the Board Strategic plan. All the departments and operational centers within the County have been given copies of the same for ease of reference.
In ensuring that it performs its mandate of advising the county government on implementation and monitoring of the national performance management systems in counties, the Board witnessed the signing of performance contract agreements between the Governor and the County Executive Committee Members.
During the year under review, the county public service had a total number of 4,174 employees as reflected in the payroll.
STAFFING SUMMARY
Staff attrition during 2016, is as tabulated below;
Description Number
Deceased 26
Resignations 26
Retirements
(a) Mandatory 115
(b)Voluntary-Early retirements (at 50) 5
(c)Medical 0
Disciplinary
(a) Termination on disciplinary grounds 0
(b) Suspensions and Interdictions 1
Overall staffing status with comparison to previous years
Item Description
Number of Staff
2016 2015 2014
Number at end of preceding year
4,346 4303
Number of attrition during the year
173 181
Number recruited 658 987
Net number of staff at end of the year
4,831 5,109
Net change in number of staff during the year (3-2)
485 806
Number on payroll at end of the year under review (for comparison)
4,174 4,346
Numbers to be reconciled 657
6.4 Finance and ICT
The Board’s 2016/2017 approved budget was not enough to enable it carry out its activities as outlined in the 2015-2019 Strategic plan.
The Board has endavored to seek for more funds in the 2017/2018 budget estimates to enable it carry out activities that it could not undertake in the last financial year.
7. Policy Framework
Currently, the Board is seeking for funding to enable it design and implement the following policies:
(a) HIV and Aids Mainstreaming Policy
(b) Training and Development Policy
(c) Alcohol and Drug Abuse Policy
(d) Gender and Disability Mainstreaming Policy
(e) Code of Conduct
(f) Recruitment and Selection Policy
(g) Attachment/Internship Policy
8.0 Values and Principles of the Public Service
The Board ensured that all new employees complied with legal provisions on Integrity.
9.0 PROGRAMME OF ACTIVITIES FOR 2017
The Board has lined up a number of activities to be carried out in the year 2017, key among them being:
(a) Implementing the annual work plan
(b) Implementing the Annual Procurement plan.
(c) Implementation of the Board’s Strategic Plan.
(d) Operationalization of the Human Resource Policy manual.
(e) Operationalization of Discipline Manual, Board Charter.
(f) Human Resource Audit
(g) Baseline Survey for the Status of the County Public Service
9.1 Promotion of values and principles of Governance and Public
Service as envisaged in Articles 10 and 232 of the Constitution of
Kenya
(i) Quarterly outreach to each of the seven sub-counties for sensitization
(ii) Conducting anti-corruption workshops for the County
Executive in the first quarter followed by a roll-out to Chief
Officers, Directors and lower cadres
(iii) Setting up of departmental Anti-Corruption Committees
(iv) Ethics and Integrity mainstreaming and training of staff.
2nd November, 2018 THE KENYA GAZETTE
9.2 Promotions
In the last quarter of 2016, the Board received request to consider for promotion staff from the following departments for in 2017.
Department
Total number of staff recommended for
Promotions
Agriculture, Livestock and Fisheries 142
Lands, Housing, Physical planning and Urban development
Commerce, Tourism and Heritage 9
Roads, Transport and Public Works 46
Water 28
Education, Gender, Youth, and Culture 34
Industrialization and Enterprise Development 8
Health (Phase 2) 507
Green Energy and Climate Change 1
TOTAL 798
9.3 Re-designations
In reference to the departmental structures, the following number of employees were recommended by Human Resource Advisory
Committee (HRAC) for re-designations and the Board will finalize it within the first quarter of the year 2017. The Board will work on the financial implication and advise accordingly in line with the validated job evaluation report.
No. Department Total number of staff recommended for Re-designations
8 Health 186
12 Environment and Natural
Resources
15 Total 192
9.4 Confirmations
The Board confirmed all the Sub-County and Ward administrators through the office of the county Secretary. Other staff confirmations are under process.
9.5 Human Resource Management
The Board is in the process of developing a policy document on extraneous allowances for the County Public service employees who are entitled to the same. This is anticipated to take effect in the first quarter of 2017.
10 Challenges
10.1. Lack of sufficient budgetary allocation.
The Board has over the years worked with a very tight budget barely enough to take care of its programs and operations. This has severely hampered the following:
(a) Recruitment of additional secretariat staff
(b) Induction of newly recruited staff
(c) Promotion of values and principles of public service
(d) Creation of Public Service Board Website
(e) Training of Secretariat staff
10.2. Salaries disparities that are yet to be harmonised the by
Salaries and Remuneration Commission.
11.0. Conclusion
The Board is working very closely with the County Human
Resource Advisory Committee which comprises County Secretary as chairperson, all the Chief Officers and the County Director Human
Resource Management as the secretary in order to achieve excellence in service delivery across Kisumu County.
ENG. NASHON W. O. OGUYA HESBON OWUOR HONGO
Chairman Secretary for
The Kisumu County Public Service Board
MR/5342311
GAZETTE NO. 11308
THE URBAN AREAS AND CITIES ACT
KIAMBU MUNICIPALITY CHARTER, 2018
Preamble
Whereas
(a) In accordance with section 9 (1) and (4) of the Urban Areas and Cities Act, the Governor intends to confer on Kiambu urban area, the County Headquarters, the status of a Special
Municipality;
(b) County Executive Committee considered and approved the application to confer the special municipality status on Kiambu urban Area, and consequently, an Ad Hoc Committee was establish to consider and advice on this application;
(c) The Ad hoc committee has considered the application and advised that the Kiambu urban area has meet the criteria for conferment of special municipality status on the basis of meeting the population threshold and being the County
Government Headquarters;
(d) The Governor has transmitted the recommendation to confer the special municipality status on Kiambu urban area to the
County Assembly, which has considered and by a resolution of the House, approved this recommendation;
(e) The Clerk has transmitted to the Governor the County
Assembly resolution approving the recommendation to confer the special municipality status on Kiambu urban area;
(f) Section 9(1) provides that conferment of municipality status is to be done by grant of a charter in the prescribed form
(g) The Urban Areas and Cities Act does not have the prescribed form of a municipality charter nor have any regulations been promulgated under this Act providing the prescribed form of a municipality charter; and
(h) In the absence of a prescribed format under the Urban Areas and Cities Act, in accordance with the provisions of section 72 of the Interpretations and General Provisions Act, the County
Assembly has considered and approved the format of the charter containing herein for purposes of compliance with the
Urban Areas and Cities Act;
The Charter of the County Government of Kiambu to confer
Special Municipality on Kiambu Town, the County Headquarters, for description of functions of the Municipality; the establishment of the
Kiambu Municipality Board; appointment of Municipal Manager and for connected purposes;
PART I—PRELIMINARIES
Short title
1. This Charter may be cited as the Kiambu Municipality Charter.
Commencement
2. This Charter shall commence on the date of publication in the gazette.
Interpretation
3. In this Charter unless the context otherwise requires-
“Act” means the Urban Areas and Cities Act, 2011;
“Board” means the Kiambu Municipality Board established under section 6 of this Charter;
“Charter” means the Kiambu Special Municipality Charter;
“Constitution” means the Constitution of Kenya, 2010;
“County Assembly” means the Kiambu County Assembly;
“County Executive Committee” means the Kiambu County
Executive Committee;
“County Government” means the County Government of Kiambu;
“Executive Member” means the County Executive Committee
Member for the time being responsible for Urban Development;
THE KENYA GAZETTE 2nd November, 2018
3844 3844
“Financial Year” means the financial of the County Government;
“Municipality” means the Kiambu Municipality established under section 5 of this Charter;
“Municipal Manager” means the Municipal Manager appointed under section 16 of this Charter;
Purpose
4. The Purpose of this Charter is to confer the special municipality status on the Kiambu urban area and to establish a
Municipality Board for implementation of the objects of the
Municipality, Part II—ESTABLISHMENT AND MANAGEMENT OF THE
KIAMBU MUNICIPALITY
Conferment of the Municipality Status
5. (1) There is hereby conferred the special municipality status on all that area known as Kiambu urban area within the boundaries identified as at the time of commencement of this Charter and as set out in the first schedule to this Charter.
(2) The Kiambu urban area shall from the date of commencement of this Charter be known as the Kiambu Municipality.
(3) The Municipality shall have the status of a special municipality within the definition of the Act and the home for the County
Government of Kiambu headquarters.
(4) The first schedule may be amended by the County Assembly with the approval of the Independent Electoral and Boundaries
Commission or its successor.
(5) The Municipality shall be managed by a Municipality Board established under this Charter.
Establishment of the Municipality Board
6. (1) There is established the Kiambu Municipality Board which shall be a body corporate with perpetual succession and a common seal and shall, in its name, be capable of –
(a) suing and being sued;
(b) taking, purchasing, or otherwise acquiring, holding, charging, or disposing of movable and immovable property;
(c) borrowing money or making investments;
(d) entering into contract; and
(e) doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban
Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
(2) In undertaking its mandate under this Charter, the Board shall ensure compliance with all relevant National and County policies and
Laws, and in particular, in matters relating to financial management, procurement, implementation of contract and projects implementation, and service delivery.
Board Membership
7. (1) In accordance with section 14 of the Act, the Board shall comprise of not more than nine persons appointed by the by Governor with the approval of the County Executive Committee and the County
Assembly.
(2) The Governor shall appoint a chairperson from amongst persons approved for appointment by the County Assembly.
(3) The County Executive Committee shall designate a representative of each of the County departments to be an ex-officio members of the Board
(4) The Municipal Manager shall be Board’s secretary and an ex- officio member of the Board.
Term of Office
8. A member of the Board other than an ex-officio member shall hold office for a term of five years on a part time basis.
Removal of Office
9. A member of the Board may be removed from office by the
Governor on–
(a) any of the grounds provided under section 16 of the Act;
(b) the recommendation of at least two thirds of the voting
Members of the Board;
(c) upon petition of at least fifty per cent of the residents of the
Municipality;
(d) on non-performance or insubordination; or
(e) the recommendations of the County Assembly for any other ground including in-effective supervision or conduct of its oversight role in the implementation of projects, annual procurement plan, budget, policies or legislation within its jurisdiction.
Power and Functions of the Board
10. (1) Save as otherwise expressly stated in this Charter, the
Board shall have the powers and perform the functions vested in
Boards of municipalities under sections 20 and 21 of the Act.
(2) In addition to any other functions under this Charter, the Board shall, through a public participatory process, be responsible for—
(a) preparing and recommending to the Executive Member the
Municipal Integrated Development plan;
(b) preparing an annual infrastructure development agenda for
Municipality and advising the Executive Member;
(c) participating in the County Government budgeting process to ensure budgetary provision for the development agenda; and
(d) supervising implementation of donor funded projects within their jurisdiction and preparing reports for submission to the
Executive Member.
(3) Notwithstanding the generality of the sub-section (1), the
Board shall not implement any function under the Act without first obtaining the approval by the County Executive Committee.
(4) In addition to sub-section (3), the Board shall be accountable to the County Executive Committee and the County Assembly for any exercise of power and functions under the Act or this Charter.
(5) The Board may establish committees comprising of its members for better implementation of its functions.
Board Reports
11. (1) The Board shall, within seven days from the beginning of a new quarter, prepare a quarterly report of its activities and submit it to the Executive Member.
(2) The Board shall, within fifteen days from the close of the financial year, for consideration by the County Executive Committee and the County Assembly, prepare and submit to the Executive
Member an annual report giving details of—
(a) on-going projects and any pending bill on the project;
(b) projects completed within the financial year, total sum spent on the project and any pending bill;
(c) projects proposed for the next financial year and estimated costs; and
(d) an assessment of the social and economic impact of the implemented projects including creation of jobs and investment opportunities if any.
(3) The County Assembly may summon the Board or any member of the Board to answer any question or present a report before it.
Remuneration of the Members of the Board
12. The Members of the Board shall be entitled to such remuneration or allowances as may from time to time be determined by the Executive Committee Member responsible for Finance subject to approval by the County Executive Committee and the Salaries and
Remuneration Commission.
Conduct of Meetings
13. (1) The Board shall hold its sittings to transact the business of the Board once every three months.
2nd November, 2018 THE KENYA GAZETTE
(2) Notwithstanding subsection (1), the Chairperson may, or his or her own volition or upon request in writing by at least one-third of the
Board Members convene a special meeting of the Board to transact an urgent business of the Board.
(3) The quorum shall be at least fifty per cent of the voting members and the Chairperson shall have a casting vote.
(4) The Board shall, with the approval of the Executive Member, determine the conduct of the committee’s business.
(5) The Executive Member may, by notice in the gazette, prescribe the procedure and rules for the conduct of meetings of the Board.
Conflict of interest
14. A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not participate in the meeting discussing or making the decision, and his or her interest in the matter shall be recorded in the minutes.
Maintenance of Board Proceedings and Records
15. (1) The minutes and other information and records of the Board shall be kept in the custody of the Municipal Manager.
(2) Subject to the provisions of the Act, National and County
Government laws on access to information, a person may apply to access any records, document or information held by or behalf of the
Board which that person believes to be necessary for enforcement of a constitutional right.
(3) Notwithstanding the provisions of subsection (2), the procedure prescribed under the relevant County Government laws on access to information and public participation shall apply with the necessary modifications.
PART III–ADMINISTRATION
Office of the Municipal Manager
16. (1) The Governor shall, with the approval of the County
Executive Committee and the County Assembly, appoint a person competitively recruited by the County Public Service Board, as the
Municipal Manager.
(2) The Municipal Manager shall be the secretary to the Board and as such, shall be responsible for the implementation of the Board decision and functions.
(3) A person shall not qualify for appointment as a Municipal
Manager unless that person –
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) possess at least ten years post graduation work experience in a managerial position; and
(d) satisfies the requirements of chapter six of the Constitution.
(4) Unless otherwise specified in the terms and conditions of appointment, the Municipal Manager shall serve for a period of three years, which term may be renewable once.
(5) The Human Resource policy of the County Government shall apply to the Municipal Manager.
Deployment of Staff Members
17. The County Secretary may, on recommendation of the Chief
Officer, deploy staff of the County Government to the Municipality as shall be necessary for better implementation of the functions and decisions of the Board.
PART IV–DEVELOPMENT OF BY-LAWS
Power to make By-laws
18. (1) The Board of the Municipality may pass Municipality By- laws to enable it carry out its mandate efficiently.
(2) Notwithstanding the provisions of subsection (1), the Board shall not pass a by-law on a matter addressed under the National of
County Government legislation.
(3) In addition to sub-section (2), where the National or County
Government enacts a legislation on a matter addressed by a
Municipality By-law, the By-law shall automatically be repealed on commencement of the legislation.
Procedure of making By-laws
19 (1) All proposed by-laws or an amendment to a by-law shall, before approval by the Board, be subjected to public participation conducted in accordance with the County Government Legislation and any other relevant written laws.
(2) The passing of a by-law or an amendment to a by-law shall be by a simple majority of all voting Board Members.
(3) Subject to subsection (2), the Chairman of the Board shall submit a by-law or an amendment to a by law to Executive Member for tabling before the County Executive Committee for approval.
(4) The Executive Member shall publish in the gazette a by-law, or an amendment to a by-law approved by the County Executive
Committee and within seven days of such publication, submit the published by-law or an amendment to a by-law to the County
Assembly for consideration and approval.
(5) Where the County Assembly has not raised any objection within thirty days from the date of publication, the published by-laws or amendment to the by-law shall be presented to the Governor for
Assent.
(6) Where the Governor assents to a by-law or an amendment to a by-law, the Executive Member shall, within fourteen days from the date of such assent, publish the assented by–law or amendment to the by-law in the gazette, and within seven days of such publication, the by-law or the amendment to the by-law shall commence.
(7) Notwithstanding the provisions of sub-section(6), the by-laws or an amendment to the by-law may prescribe a commencement date, and different dates may be provided for different provisions.
(8) The Governor may decline to assent to a by-law or an amendment to a by-law and shall issue a memorandum of reasons for such decline.
Enforcement of a By-law
20. (1). A Municipal by-law or an amendment to a by-law shall be deemed to be subsidiary legislation of the County Government.
PART V–MUNICIPAL FINANCES AND FINANCIAL
MANAGEMENT
Sources of Funds
21. (1) The funds of the Municipality shall be from—
(a) monies as may be appropriated by the County Assembly;
(b) sums received including contributions, gifts, donations or grants from any lawful sources;
(c) monies or assets that may accrue to the Board in the course of the exercise of its powers of the performance of its functions;
(d) investment income; and
(e) all other monies which in any manner may become payable to or vested in the fund.
(2) The funds of the Municipality shall be used for capital development and operations of the Board in line with the provisions of the Public Finance Management Act.
Municipality Bank Account
22. (1) With the authority of the County Executive Committee
Member responsible for finance, the Board may operate a bank account under the name of Kiambu Municipality Account.
(2) Where an account is authorized, the signatories of this account shall be—
(a) the Municipal Manager; and
(b) two other officers designated by the County Executive
Member responsible for finance.
THE KENYA GAZETTE 2nd November, 2018
3846 3846
Financial Year
23. The Municipality financial year shall be the financial year of the County Government.
Budget
24. (1) The Municipality shall operate on an annual budget.
(2) The budget for the Municipality shall be developed in the manner provided under section 175 of the Public Finance Management
Act, 2012.
PART VI—GENERAL PROVISIONS
Oath of Office
25. Prior to assuming the office and duties of the Board
Membership or the Municipal Manager a person shall be required to take the oath of office prescribed in the Second Schedule to this
Charter and as prescribed under any other relevant written law.
Amendments to the Charter
26. The County Governor may at any time, with the approval of the County Assembly, amend any provision of this Charter by a notice in the gazette.
Severability
27. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
County Department
28. County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect prior to the commencement of this Charter unless otherwise determined by the County Executive Committee subject to the approval of the County Assembly.
FIRST SCHEDULE—MAP OF THE KIAMBU MUNICIPALITY
SECOND SCHEDULE
OATH OF OFFICE
“I, [………..], being called on to exercise the functions of [Municipal
Manager/Chairman/ Board Member] of the Municipality of Kiambu
,do swear/solemnly affirm that that I will at all times be faithful to the
Republic of Kenya; that I will obey, respect and uphold this
Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Kiambu, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairman/ Board Member] of the Municipality of Kiambu or otherwise under the law. So help me God.”
NOW wherefore, in exercise of the powers conferred by section 9
(1) and (4) of the Urban Areas and Cities Act, as complemented by
Section 72 of the Interpretations and General Provisions Act (Chapter
2) and all other enabling provisions of law, I confer Special
Municipality status to Kiambu urban area by the grant of Charter on this 27th day of June, 2018.
FERDINAND WAITITU BABAYAO, Governor, Kiambu County.
I certify that the format of this Charter was approved by a resolution of the County Assembly passed on the 4th June, 2018.
MR/5555109 Speaker of the County Assembly.
GAZETTE NO. 11309
THE URBAN AREAS AND CITIES ACT
THIKA MUNICIPALITY CHARTER, 2018
Preamble
WHEREAS
(a) In accordance with section 9 (1) and (4) of the Urban Areas and Cities Act, the Governor intends to confer on Thika urban area the status of a Municipality;
(b) County Executive Committee considered and approved the application to confer the municipality status on Thika urban
Area, and consequently, an Ad Hoc Committee was establish to consider and advice on this application;
(c) The Ad hoc committee has considered the application and advised that the Thika urban area has meet the criteria for conferment of municipality status on the basis of meeting the population threshold;
(d) The Governor has transmitted the recommendation to confer the municipality status on Thika urban area to the County
Assembly, which has considered and by a resolution of the
House, approved this recommendation;
(e) The Clerk has transmitted to the Governor the County
Assembly resolution approving the recommendation to confer the municipality status on Thika urban area;
(f) Section 9 (1) provides that conferment of municipality status is to be done by grant of a charter in the prescribed form
(g) The Urban Areas and Cities Act does not have the prescribed form of a municipality charter nor have any regulations been promulgated under this Act providing the prescribed form of a municipality charter; and
(h) In the absence of a prescribed format under the Urban Areas and Cities Act, in accordance with the provisions of section
72 of the Interpretations and General Provisions Act, the
County Assembly has considered and approved the format of the charter containing herein for purposes of compliance with the Urban Areas and Cities Act;
I certify that the format of this Charter was approved by a resolution of the County Assembly passed on the 4th June, 2018.
Speaker of the County Assembly.
THIKA MUNICIPALITY CHARTER, 2018
The Charter of the County Government of Kiambu to confer
Municipality on Thika Town, the County Headquarters, for description of functions of the Municipality; the establishment of the Thika
Municipality Board; appointment of Municipal Manager and for connected purposes;
PART I—PRELIMINARIES
Short title
1. This Charter may be cited as the Thika Municipality Charter.
2nd November, 2018 THE KENYA GAZETTE
Commencement
2. This Charter shall commence on the date of publication in the gazette.
Interpretation
3. In this Charter unless the context otherwise requires—
“Act” means the Urban Areas and Cities Act, 2011;
“Board” means the Thika Municipality Board established under section 6 of this Charter;
“Charter” means the Thika Municipality Charter;
“Constitution” means the Constitution of Kenya, 2010;
“County Assembly” means the Kiambu County Assembly;
“County Executive Committee” means the Kiambu County
Executive Committee;
“County Government” means the County Government of Kiambu;
“Executive Member” means the County Executive Committee
Member for the time being responsible for Urban Development;
“Financial Year” means the financial of the County Government;
“Municipality” means the Thika Municipality established under section 5 of this Charter;
“Municipal Manager” means the Municipal Manager appointed under section 16 of this Charter;
Purpose
4. The Purpose of this Charter is to confer the municipality status on the Thika urban area and to establish a Municipality Board for implementation of the objects of the Municipality, PART II—ESTABLISHMENT AND MANAGEMENT OF THE
THIKA MUNICIPALITY
Conferment of the Municipality Status
5. (1) There is hereby conferred the municipality status on all that area known as Thika urban area within the boundaries identified as at the time of commencement of this Charter and as set out in the first schedule to this Charter.
(2) The Thika urban area shall from the date of commencement of this Charter be known as the Thika Municipality.
(3) The Municipality shall have the status of a municipality within the definition of the Act.
(4) The first schedule may be amended by the County Assembly with the approval of the Independent Electoral and Boundaries
Commission or its successor.
(5) The Municipality shall be managed by a Municipality Board established under this Charter.
Establishment of the Municipality Board
6. (1) There is established the Thika Municipality Board which shall be a body corporate with perpetual succession and a common seal and shall, in its name, be capable of—
(a) suing and being sued;
(b) taking, purchasing, or otherwise acquiring, holding, charging, or disposing of movable and immovable property;
(c) borrowing money or making investments;
(d) entering into contract; and
(e) doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban
Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
(2) In undertaking its mandate under this Charter, the Board shall ensure compliance with all relevant National and County policies and
Laws, and in particular, in matters relating to financial management, procurement, implementation of contract and projects implementation, and service delivery.
Board Membership
7. (1) In accordance with section 14 of the Act, the Board shall comprise of not more than nine persons appointed by the by Governor with the approval of the County Executive Committee and the County
Assembly.
(2) The Governor shall appoint a chairperson from amongst persons approved for appointment by the County Assembly.
(3) The County Executive Committee shall designate a representative of each of the County departments to be an ex-officio members of the Board
(4) The Municipal Manager shall be Board’s secretary and an ex- officio member of the Board.
Term of Office
8. A member of the Board other than an ex-officio member shall hold office for a term of five years on a part time basis.
Removal of Office
9. A member of the Board may be removed from office by the
Governor on—
(a) any of the grounds provided under section 16 of the Act;
(b) the recommendation of at least two thirds of the voting
Members of the Board;
(c) upon petition of at least fifty per cent of the residents of the
Municipality;
(d) on non-performance or insubordination; or
(e) the recommendations of the County Assembly for any other ground including in-effective supervision or conduct of its oversight role in the implementation of projects, annual procurement plan, budget, policies or legislation within its jurisdiction.
Power and Functions of the Board
10. (1) Save as otherwise expressly stated in this Charter, the
Board shall have the powers and perform the functions vested in
Boards of municipalities under sections 20 and 21 of the Act.
(2) In addition to any other functions under this Charter, the Board shall, through a public participatory process, be responsible for-
(a) preparing and recommending to the Executive Member the
Municipal Integrated Development plan;
(b) preparing an annual infrastructure development agenda for
Municipality and advising the Executive Member;
(c) participating in the County Government budgeting process to ensure budgetary provision for the development agenda; and
(d) supervising implementation of donor funded projects within their jurisdiction and preparing reports for submission to the
Executive Member.
(3) Notwithstanding the generality of the sub-section (1), the Board shall not implement any function under the Act without first obtaining the approval by the County Executive Committee.
(4) In addition to sub-section (3), the Board shall be accountable to the County Executive Committee and the County Assembly for any exercise of power and functions under the Act or this Charter.
(5) The Board may establish committees comprising of its members for better implementation of its functions.
Board Reports
11. (1) The Board shall, within seven days from the beginning of a new quarter, prepare a quarterly report of its activities and submit it to the Executive Member.
(2) The Board shall, within fifteen days from the close of the financial year, for consideration by the County Executive Committee and the County Assembly, prepare and submit to the Executive
Member an annual report giving details of—
(a) on-going projects and any pending bill on the project;
THE KENYA GAZETTE 2nd November, 2018
3848 3848
(b) projects completed within the financial year, total sum spent on the project and any pending bill;
(c) projects proposed for the next financial year and estimated costs; and
(d) an assessment of the social and economic impact of the implemented projects including creation of jobs and investment opportunities if any.
(3) The County Assembly may summon the Board or any member of the Board to answer any question or present a report before it.
Remuneration of the Members of the Board
12. The Members of the Board shall be entitled to such remuneration or allowances as may from time to time be determined by the Executive Committee Member responsible for Finance subject to approval by the County Executive Committee and the Salaries and
Remuneration Commission.
Conduct of Meetings
13. (1) The Board shall hold its sittings to transact the business of the Board once every three months.
(2) Notwithstanding subsection (1), the Chairperson may, or his or her own volition or upon request in writing by at least one-third of the
Board Members convene a special meeting of the Board to transact an urgent business of the Board.
(3) The quorum shall be at least fifty per cent of the voting members and the Chairperson shall have a casting vote.
(4) The Board shall, with the approval of the Executive Member, determine the conduct of the committee’s business.
(5) The Executive Member may, by notice in the gazette, prescribe the procedure and rules for the conduct of meetings of the Board.
Conflict of Interest
14. A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not participate in the meeting discussing or making the decision, and his or her interest in the matter shall be recorded in the minutes.
Maintenance of Board Proceedings and Records
15. (1) The minutes and other information and records of the Board shall be kept in the custody of the Municipal Manager.
(2) Subject to the provisions of the Act, National and County
Government laws on access to information, a person may apply to access any records, document or information held by or behalf of the
Board which that person believes to be necessary for enforcement of a constitutional right.
(3) Notwithstanding the provisions of subsection (2), the procedure prescribed under the relevant County Government laws on access to information and public participation shall apply with the necessary modifications.
PART III—ADMINISTRATION
Office of the Municipal Manager
16. (1) The Governor shall, with the approval of the County
Executive Committee and the County Assembly, appoint a person competitively recruited by the County Public Service Board, as the
Municipal Manager.
(2) The Municipal Manager shall be the secretary to the Board and as such, shall be responsible for the implementation of the Board decision and functions.
(3) A person shall not qualify for appointment as a Municipal
Manager unless that person—
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) possess at least ten years post graduation work experience in a managerial position; and
(d) satisfies the requirements of chapter six of the Constitution.
(4) Unless otherwise specified in the terms and conditions of appointment, the Municipal Manager shall serve for a period of three years, which term may be renewable once.
(5) The Human Resource policy of the County Government shall apply to the Municipal Manager.
Deployment of Staff Members
17. The County Secretary may, on recommendation of the Chief
Officer, deploy staff of the County Government to the Municipality as shall be necessary for better implementation of the functions and decisions of the Board.
PART IV—DEVELOPMENT OF BY-LAWS
Power to make By -laws
18. (1) The Board of the Municipality may pass Municipality By- laws to enable it carry out its mandate efficiently.
(2) Notwithstanding the provisions of subsection (1), the Board shall not pass a by-law on a matter addressed under the National of
County Government legislation.
(3) In addition to sub-section (2), where the National or County
Government enacts a legislation on a matter addressed by a
Municipality By-law, the By-law shall automatically be repealed on commencement of the legislation.
Procedure of making By-laws
20 (1) All proposed by-laws or an amendment to a by-law shall, before approval by the Board, be subjected to public participation conducted in accordance with the County Government Legislation and any other relevant written laws.
(2) The passing of a by-law or an amendment to a by-law shall be by a simple majority of all voting Board Members.
(3) Subject to subsection (2), the Chairman of the Board shall submit a by-law or an amendment to a by law to Executive Member for tabling before the County Executive Committee for approval.
(4) The Executive Member shall publish in the gazette a by-law, or an amendment to a by-law approved by the County Executive
Committee and within seven days of such publication, submit the published by-law or an amendment to a by-law to the County
Assembly for consideration and approval.
(5) Where the County Assembly has not raised any objection within thirty days from the date of publication, the published by-laws or amendment to the by-law shall be presented to the Governor for
Assent.
(6) Where the Governor assents to a by-law or an amendment to a by-law, the Executive Member shall, within fourteen days from the date of such assent, publish the assented by–law or amendment to the by-law in the gazette, and within seven days of such publication, the by-law or the amendment to the by-law shall commence.
(7) Notwithstanding the provisions of sub-section(6), the by-laws or an amendment to the by-law may prescribe a commencement date, and different dates may be provided for different provisions.
(8) The Governor may decline to assent to a by-law or an amendment to a by-law and shall issue a memorandum of reasons for such decline.
Enforcement of a by-law
20. A Municipal by-law or an amendment to a by-law shall be deemed to be subsidiary legislation of the County Government.
PART V—MUNICIPAL FINANCES AND FINANCIAL
MANAGEMENT
Sources of funds
21. (1) The funds of the Municipality shall be from—
(a) monies as may be appropriated by the County Assembly;
(b) sums received including contributions, gifts, donations or grants from any lawful sources;
(c) monies or assets that may accrue to the Board in the course of the exercise of its powers of the performance of its functions;
2nd November, 2018 THE KENYA GAZETTE
(d) investment income; and
(e) all other monies which in any manner may become payable to or vested in the fund.
(2) The funds of the Municipality shall be used for capital development and operations of the Board in line with the provisions of the Public Finance Management Act.
Municipality Bank Account
22. (1) With the authority of the County Executive Committee
Member responsible for finance, the Board may operate a bank account under the name of Thika Municipality Account.
(2) Where an account is authorized, the signatories of this account shall be—
(a) the Municipal Manager; and
(b) two other officers designated by the County Executive
Member responsible for finance.
Financial Year
23. The Municipality financial year shall be the financial year of the County Government.
Budget
24. (1) The Municipality shall operate on an annual budget.
(2) The budget for the Municipality shall be developed in the manner provided under Section 175 of the Public Finance
Management Act, 2012.
PART VI—GENERAL PROVISIONS
Oath of Office
25. Prior to assuming the office and duties of the Board
Membership or the Municipal Manager a person shall be required to take the oath of office prescribed in the Second Schedule to this
Charter and as prescribed under any other relevant written law.
Amendments to the Charter
26. The County Governor may at any time, with the approval of the County Assembly, amend any provision of this Charter by a notice in the Gazette.
Severability
27. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
County Department
28. County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect prior to the commencement of this Charter unless otherwise determined by the County Executive Committee subject to the approval of the County Assembly.
FIRST SCHEDULE—MAP OF THE THIKA MUNICIPALITY
SECOND SCHEDULE
Oath Of Office
“I, [………..], being called on to exercise the functions of [Municipal
Manager/Chairman/ Board Member] of the Municipality of Kiambu
,do swear/solemnly affirm that that I will at all times be faithful to the
Republic of Kenya; that I will obey, respect and uphold this
Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Kiambu, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairman/ Board Member] of the Municipality of Kiambu or otherwise under the law. So help me God.”
NOW Wherefore, in exercise of the powers conferred by section 9
(1) and (4) of the Urban Areas and Cities Act, as complemented by
Section 72 of the Interpretations and General Provisions Act (Chapter
2) and all other enabling provisions of law, I hereby confer Special
Municipality status to Thika urban area by the grant of Charter on this
27th day of June, 2018.
FERDINAND WAITITU BABAYAO, Governor, Kiambu County.
I certify that the format of this Charter was approved by a resolution of the County Assembly passed on the 4th June, 21018
MR/5555109 Speaker of the County Assembly.
GAZETTE NO. 11310
THE URBAN AREAS AND CITIES ACT
KIKUYU MUNICIPALITY CHARTER, 2018
Preamble
WHEREAS
(a) In accordance with section 9 (1) and (4) of the Urban Areas and Cities Act , the Governor intends to confer on Kikuyu urban area the status of a Municipality;
(b) County Executive Committee considered and approved the application to confer the municipality status on Kikuyu urban Area, and consequently, an Ad Hoc Committee was establish to consider and advice on this application;
(c) The Ad hoc committee has considered the application and advised that the Kikuyu urban area has meet the criteria for conferment of municipality status on the basis of meeting the population threshold;
(d) The Governor has transmitted the recommendation to confer the municipality status on Kikuyu urban area to the County
Assembly, which has considered and by a resolution of the
House, approved this recommendation;
(e) The Clerk has transmitted to the Governor the County
Assembly resolution approving the recommendation to confer the municipality status on Kikuyu urban area;
(f) Section 9 (1) provides that conferment of municipality status is to be done by grant of a charter in the prescribed form
(g) The Urban Areas and Cities Act does not have the prescribed form of a municipality charter nor have any regulations been promulgated under this Act providing the prescribed form of a municipality charter; and
(h) In the absence of a prescribed format under the Urban Areas and Cities Act, in accordance with the provisions of section
72 of the Interpretations and General Provisions Act, the
County Assembly has considered and approved the format of the charter containing herein for purposes of compliance with the Urban Areas and Cities Act;
The Charter of the County Government of Kiambu to confer
Municipality on Kikuyu Town, the County Headquarters, for description of functions of the Municipality; the establishment of the
Kikuyu Municipality Board; appointment of Municipal Manager and for connected purposes;
THE KENYA GAZETTE 2nd November, 2018
3850 3850
PART I—PRELIMINARIES
Short title
1. This Charter may be cited as the Kikuyu Municipality Charter.
Commencement
2. This Charter shall commence on the date of publication in the gazette.
Interpretation
3. In this Charter unless the context otherwise requires-
“Act” means the Urban Areas and Cities Act, 2011;
“Board” means the Kikuyu Municipality Board established under section 6 of this Charter;
“Charter” means the Kikuyu Municipality Charter;
“Constitution” means the Constitution of Kenya, 2010;
“County Assembly” means the Kiambu County Assembly;
“County Executive Committee” means the Kiambu County
Executive Committee;
“County Government” means the County Government of Kiambu;
“Executive Member” means the County Executive Committee
Member for the time being responsible for Urban Development;
“Financial Year” means the financial of the County Government;
“Municipality” means the Kikuyu Municipality established under section 5 of this Charter;
“Municipal Manager” means the Municipal Manager appointed under section 16 of this Charter;
Purpose
4. The Purpose of this Charter is to confer the municipality status on the Kikuyu urban area and to establish a Municipality Board for implementation of the objects of the Municipality, PART II—ESTABLISHMENT AND MANAGEMENT OF THE
KIKUYU MUNICIPALITY
Conferment of the Municipality Status
5. (1) There is hereby conferred the municipality status on all that area known as Kikuyu urban area within the boundaries identified as at the time of commencement of this Charter and as set out in the first schedule to this Charter.
(2) The Kikuyu urban area shall from the date of commencement of this Charter be known as the Kikuyu Municipality.
(3) The Municipality shall have the status of a municipality within the definition of the Act.
(4) The first schedule may be amended by the County Assembly with the approval of the Independent Electoral and Boundaries
Commission or its successor.
(5) The Municipality shall be managed by a Municipality Board established under this Charter.
Establishment of the Municipality Board
6. (1) There is established the Kikuyu Municipality Board which shall be a body corporate with perpetual succession and a common seal and shall, in its name, be capable of –
(a) suing and being sued;
(b) taking, purchasing, or otherwise acquiring, holding, charging, or disposing of movable and immovable property;
(c) borrowing money or making investments;
(d) entering into contract; and
(e) doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban
Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
(2) In undertaking its mandate under this Charter, the Board shall ensure compliance with all relevant National and County policies and
Laws, and in particular, in matters relating to financial management, procurement, implementation of contract and projects implementation, and service delivery.
Board Membership
7. (1) In accordance with section 14 of the Act, the Board shall comprise of not more than nine persons appointed by the by Governor with the approval of the County Executive Committee and the County
Assembly.
(2) The Governor shall appoint a chairperson from amongst persons approved for appointment by the County Assembly.
(3) The County Executive Committee shall designate a representative of each of the County departments to be an ex-officio members of the Board
(4) The Municipal Manager shall be Board’s secretary and an ex- officio member of the Board.
Term of Office
8. A member of the Board other than an ex-officio member shall hold office for a term of five years on a part time basis.
Removal of office
9. A member of the Board may be removed from office by the
Governor on–
(a) any of the grounds provided under section 16 of the Act;
(b) the recommendation of at least two thirds of the voting
Members of the Board;
(c) upon petition of at least fifty per cent of the residents of the
Municipality;
(d) on non-performance or insubordination; or
(e) the recommendations of the County Assembly for any other ground including in-effective supervision or conduct of its oversight role in the implementation of projects, annual procurement plan, budget, policies or legislation within its jurisdiction.
Power and Functions of the Board
10. (1) Save as otherwise expressly stated in this Charter, the
Board shall have the powers and perform the functions vested in
Boards of municipalities under sections 20 and 21 of the Act.
(2) In addition to any other functions under this Charter, the Board shall, through a public participatory process, be responsible for-
(a) preparing and recommending to the Executive Member the
Municipal Integrated Development plan;
(b) preparing an annual infrastructure development agenda for
Municipality and advising the Executive Member;
(c) participating in the County Government budgeting process to ensure budgetary provision for the development agenda; and
(d) supervising implementation of donor funded projects within their jurisdiction and preparing reports for submission to the
Executive Member.
(3) Notwithstanding the generality of the sub-section (1), the Board shall not implement any function under the Act without first obtaining the approval by the County Executive Committee.
(4) In addition to sub-section (3), the Board shall be accountable to the County Executive Committee and the County Assembly for any exercise of power and functions under the Act or this Charter.
(5) The Board may establish committees comprising of its members for better implementation of its functions.
Board Reports
11. (1) The Board shall, within seven days from the beginning of a new quarter, prepare a quarterly report of its activities and submit it to the Executive Member.
2nd November, 2018 THE KENYA GAZETTE
(2) The Board shall, within fifteen days from the close of the financial year, for consideration by the County Executive Committee and the County Assembly, prepare and submit to the Executive
Member an annual report giving details of—
(a) on-going projects and any pending bill on the project;
(b) projects completed within the financial year, total sum spent on the project and any pending bill;
(c) projects proposed for the next financial year and estimated costs; and
(d) an assessment of the social and economic impact of the implemented projects including creation of jobs and investment opportunities if any.
(3) The County Assembly may summon the Board or any member of the Board to answer any question or present a report before it.
Remuneration of the Members of the Board
12. The Members of the Board shall be entitled to such remuneration or allowances as may from time to time be determined by the Executive Committee Member responsible for Finance subject to approval by the County Executive Committee and the Salaries and
Remuneration Commission.
Conduct of Meetings
13. (1). The Board shall hold its sittings to transact the business of the Board once every three months.
(2) Notwithstanding subsection (1), the Chairperson may, or his or her own volition or upon request in writing by at least one-third of the
Board Members convene a special meeting of the Board to transact an urgent business of the Board.
(3) The quorum shall be at least fifty per cent of the voting members and the Chairperson shall have a casting vote.
(4) The Board shall, with the approval of the Executive Member, determine the conduct of the committee’s business.
(5) The Executive Member may, by notice in the gazette, prescribe the procedure and rules for the conduct of meetings of the Board.
Conflict of Interest
14. A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not participate in the meeting discussing or making the decision, and his or her interest in the matter shall be recorded in the minutes.
Maintenance of Board Proceedings and Records
15. (1) The minutes and other information and records of the Board shall be kept in the custody of the Municipal Manager.
(2) Subject to the provisions of the Act, National and County
Government laws on access to information, a person may apply to access any records, document or information held by or behalf of the
Board which that person believes to be necessary for enforcement of a constitutional right.
(3) Notwithstanding the provisions of subsection (2), the procedure prescribed under the relevant County Government laws on access to information and public participation shall apply with the necessary modifications.
PART III—ADMINISTRATION
Office of the Municipal Manager
16. (1) The Governor shall, with the approval of the County
Executive Committee and the County Assembly, appoint a person competitively recruited by the County Public Service Board, as the
Municipal Manager.
(2) The Municipal Manager shall be the secretary to the Board and as such, shall be responsible for the implementation of the Board decision and functions.
(3) A person shall not qualify for appointment as a Municipal
Manager unless that person—
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) possess at least ten years post graduation work experience in a managerial position; and
(d) satisfies the requirements of chapter six of the Constitution.
(4) Unless otherwise specified in the terms and conditions of appointment, the Municipal Manager shall serve for a period of three years, which term may be renewable once.
(5) The Human Resource policy of the County Government shall apply to the Municipal Manager.
Deployment of Staff Members
17. The County Secretary may, on recommendation of the Chief
Officer, deploy staff of the County Government to the Municipality as shall be necessary for better implementation of the functions and decisions of the Board.
PART IV—DEVELOPMENT OF BY-LAWS
Power to make By-laws
18. (1) The Board of the Municipality may pass Municipality By- laws to enable it carry out its mandate efficiently.
(2) Notwithstanding the provisions of subsection (1), the Board shall not pass a by-law on a matter addressed under the National of
County Government legislation.
(3) In addition to sub-section (2), where the National or County
Government enacts a legislation on a matter addressed by a
Municipality By-law, the By-law shall automatically be repealed on commencement of the legislation.
Procedure of making By-laws
19. (1) All proposed by-laws or an amendment to a by-law shall, before approval by the Board, be subjected to public participation conducted in accordance with the County Government Legislation and any other relevant written laws.
(2) The passing of a by-law or an amendment to a by-law shall be by a simple majority of all voting Board Members.
(3) Subject to subsection (2), the Chairman of the Board shall submit a by-law or an amendment to a by law to Executive Member for tabling before the County Executive Committee for approval.
(4) The Executive Member shall publish in the gazette a by-law, or an amendment to a by-law approved by the County Executive
Committee and within seven days of such publication, submit the published by-law or an amendment to a by-law to the County
Assembly for consideration and approval.
(5) Where the County Assembly has not raised any objection within thirty days from the date of publication, the published by-laws or amendment to the by-law shall be presented to the Governor for
Assent.
(6) Where the Governor assents to a by-law or an amendment to a by-law, the Executive Member shall, within fourteen days from the date of such assent, publish the assented by–law or amendment to the by-law in the gazette, and within seven days of such publication, the by-law or the amendment to the by-law shall commence.
(7) Notwithstanding the provisions of sub-section(6), the by-laws or an amendment to the by-law may prescribe a commencement date, and different dates may be provided for different provisions.
(8) The Governor may decline to assent to a by-law or an amendment to a by-law and shall issue a memorandum of reasons for such decline.
Enforcement of a By-law
20. A Municipal by-law or an amendment to a by-law shall be deemed to be subsidiary legislation of the County Government.
PART V—MUNICIPAL FINANCES AND FINANCIAL
MANAGEMENT
Sources of Funds
21. (1) The funds of the Municipality shall be from—
(a) monies as may be appropriated by the County Assembly;
(b) sums received including contributions, gifts, donations or grants from any lawful sources;
THE KENYA GAZETTE 2nd November, 2018
3852 3852
(c) monies or assets that may accrue to the Board in the course of the exercise of its powers of the performance of its functions;
(d) investment income; and
(e) all other monies which in any manner may become payable to or vested in the fund.
(2) The funds of the Municipality shall be used for capital development and operations of the Board in line with the provisions of the Public Finance Management Act.
Municipality Bank Account
22. (1) With the authority of the County Executive Committee
Member responsible for finance, the Board may operate a bank account under the name of Kikuyu Municipality Account.
(2) Where an account is authorized, the signatories of this account shall be—
(a) the Municipal Manager; and
(b) two other officers designated by the County Executive
Member responsible for finance.
Financial Year
23. The Municipality financial year shall be the financial year of the County Government.
Budget
24. (1) The Municipality shall operate on an annual budget.
(2) The budget for the Municipality shall be developed in the manner provided under Section 175 of the Public Finance
Management Act, 2012.
PART VI—GENERAL PROVISIONS
Oath of Office
25. Prior to assuming the office and duties of the Board
Membership or the Municipal Manager a person shall be required to take the oath of office prescribed in the Second Schedule to this
Charter and as prescribed under any other relevant written law.
Amendments to the Charter
26. The County Governor may at any time, with the approval of the County Assembly, amend any provision of this Charter by a notice in the gazette.
Severability
27. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
County Department
28. County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect prior to the commencement of this Charter unless otherwise determined by the County Executive Committee subject to the approval of the County Assembly
FIRST SCHEDULE—MAP OF THE KIKUYU MUNICIPALITY
SECOND SCHEDULE
OATH OF OFFICE
“I, [………..], being called on to exercise the functions of [Municipal
Manager/Chairman/ Board Member] of the Municipality of Kiambu
,do swear/solemnly affirm that that I will at all times be faithful to the
Republic of Kenya; that I will obey, respect and uphold this
Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Kiambu, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairman/ Board Member] of the Municipality of Kiambu or otherwise under the law. So help me God.”
NOW wherefore, in exercise of the powers conferred by Section 9
(1) and (4) of the Urban Areas and Cities Act, as complemented by
Section 72 of the Interpretations and General Provisions Act (Chapter
2) and all other enabling provisions of law, I confer Municipality status to Kikuyu urban area by the grant of Charter on this 27th day of
June, 2018.
FERDINAND WAITITU BABAYAO, Governor, Kiambu County.
I certify that the format of this charter was approved by the resolution of the County Assembly passed on the 4th June, 2018.
MR/ 5555109 Speaker of the County Assembly
GAZETTE NO. 11311
THE URBAN AREAS AND CITIES ACT
RUIRU MUNICIPALITY CHARTER, 2018
Preamble
WHEREAS
(a) In accordance with section 9 (1) and (4) of the Urban Areas and Cities Act , the Governor intends to confer on Ruiru urban area, the status of a Municipality;
(b) County Executive Committee considered and approved the application to confer the municipality status on Ruiru urban area, and consequently, an Ad Hoc Committee was established to consider and advice on this application;
(c) The Ad hoc committee has considered the application and advised that the Ruiru urban area has meet the criteria for conferment of special municipality status on the basis of meeting the population threshold and being the County
Government Headquarters;
(d) The Governor has transmitted the recommendation to confer the special municipality status on Kiambu town to the County
Assembly, which has considered and by a resolution of the
House, approved this recommendation;
(e) The Clerk has transmitted to the Governor the County
Assembly resolution approving the recommendation to confer municipality status on Ruiru urban area;
(f) Section 9(1) provides that conferment of municipality status is to be done by grant of a charter in the prescribed form
(g) The Urban Areas and Cities Act does not have the prescribed form of a municipality charter nor have any regulations been promulgated under this Act providing the prescribed form of a municipality charter; and
(h) In the absence of a prescribed format under the Urban Areas and Cities Act, in accordance with the provisions of section
72 of the Interpretations and General Provisions Act, the
County Assembly has considered and approved the format of the charter containing herein for purposes of compliance with the Urban Areas and Cities Act;
The Charter of the County Government of Kiambu to confer
Municipality on Ruiru urban area, for description of functions of the
Municipality; the establishment of the Ruiru Municipality Board;
appointment of Municipal Manager and for connected purposes;
2nd November, 2018 THE KENYA GAZETTE
PART I—PRELIMINARIES
Short title
1. This Charter may be cited as the Ruiru Municipality Charter.
Commencement
2. This Charter shall commence on the date of publication in the
Gazette.
Interpretation
3. In this Charter unless the context otherwise requires-
“Act” means the Urban Areas and Cities Act, 2011;
“Board” means the Ruiru Municipality Board established under section 6 of this Charter;
“Charter” means the Ruiru Municipality Charter;
“Constitution” means the Constitution of Kenya, 2010;
“County Assembly” means the Kiambu County Assembly;
“County Executive Committee” means the Kiambu County
Executive Committee;
“County Government” means the County Government of Kiambu;
“Executive Member” means the County Executive Committee
Member for the time being responsible for Urban Development;
“Financial Year” means the financial of the County Government;
“Municipality” means the Ruiru Municipality established under section 5 of this Charter;
“Municipal Manager” means the Municipal Manager appointed under section 16 of this Charter;
Purpose
4. The purpose of this Charter is to confer municipality status on the Ruiru urban area and to establish a Municipality Board for implementation of the objects of the Municipality.
PART II—ESTABLISHMENT AND MANAGEMENT OF THE
RUIRU MUNICIPALITY
Conferment of the Municipality Status
5. (1) There is hereby conferred the Municipality status on all that area known as Ruiru urban area within the boundaries identified as at the time of commencement of this Charter and as set out in the first schedule to this Charter.
(2) The Ruiru urban area shall from the date of commencement of this Charter be known as the Ruiru Municipality.
(3) The first schedule may be amended by the County Assembly with the approval of the Independent Electoral and Boundaries
Commission or its successor.
(4) The Municipality shall be managed by a Municipality Board established under this Charter.
Establishment of the Municipality Board
6. (1) There is established the Ruiru Municipality Board which shall be a body corporate with perpetual succession and a common seal and shall, in its name, be capable of –
(a) suing and being sued;
(b) taking, purchasing, or otherwise acquiring, holding, charging, or disposing of movable and immovable property;
(c) borrowing money or making investments;
(d) entering into contract; and
(e) doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban
Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
(2) In undertaking its mandate under this Charter, the Board shall ensure compliance with all relevant National and County policies and
Laws, and in particular, in matters relating to financial management, procurement, implementation of contract and projects implementation, and service delivery.
Board Membership
7. (1) In accordance with section 14 of the Act, the Board shall comprise of not more than nine persons appointed by the by Governor with the approval of the County Executive Committee and the County
Assembly.
(2) The Governor shall appoint a chairperson from amongst persons approved for appointment by the County Assembly.
(3) The County Executive Committee shall designate a representative of each of the County departments to be ex-officio members of the Board.
(4) The Municipal Manager shall be the Board’s Secretary and an ex-officio member of the Board.
Term of Office
8. A member of the Board other than an ex-officio member shall hold office for a term of five years on a part time basis.
Removal of Office
9. A member of the Board may be removed from office by the
Governor on—
(a) any of the grounds provided under section 16 of the Act;
(b) the recommendation of at least two thirds of the voting
Members of the Board;
(c) upon petition of at least fifty per cent of the residents of the
Municipality;
(d) on non-performance or insubordination; or
(e) the recommendations of the County Assembly for any other ground including in-effective supervision or conduct of its oversight role in the implementation of projects, annual procurement plan, budget, policies or legislation within its jurisdiction.
Powers and Functions of the Board
10. (1) Save as otherwise expressly stated in this Charter, the
Board shall have the powers and perform the functions vested in
Boards of municipalities under sections 20 and 21 of the Act.
(2) In addition to any other functions under this Charter, the Board shall, through a public participatory process, be responsible for—
(a) preparing and recommending to the Executive Member the
Municipal Integrated Development plan;
(b) preparing an annual infrastructure development agenda for
Municipality and advising the Executive Member;
(c) participating in the County Government budgeting process to ensure budgetary provision for the development agenda; and
(d) supervising implementation of donor funded projects within their jurisdiction and preparing reports for submission to the
Executive Member.
(3) Notwithstanding the generality of sub section (1), the Board shall not implement any function under the Act without first obtaining the approval by the County Executive Committee.
(4) In addition to sub-section (3), the Board shall be accountable to the County Executive Committee and the County Assembly for any exercise of power and functions under the Act or this Charter.
(5) The Board may establish committees comprising of its members for better implementation of its functions.
Board Reports
11. (1) The Board shall within seven days from the beginning of a new quarter, prepare a quarterly report of its activities and submit it to the Executive Member.
(2) The Board shall, within fifteen days from the close of the financial year, for consideration by the County Executive Committee and the County Assembly, prepare and submit to the Executive
Member an annual report giving details of—
THE KENYA GAZETTE 2nd November, 2018
3854 3854
(a) on-going projects and any pending bill on the project;
(b) projects completed within the financial year, total sums spent on the project and any pending bill;
(c) projects proposed for the next financial year and the estimated costs; and
(d) an assessment of the social and economic impact of the implemented projects including creation of jobs and investment opportunities if any.
(3) The County Assembly may, summon the Board or any member of the Board to answer any question or present a report before it.
Remuneration of the Members of the Board
12. The Members of the Board shall be entitled to such remuneration or allowances as may from time to time be determined by the Executive Committee Member responsible for Finance subject to approval by the County Executive Committee and the Salaries and
Remuneration Commission.
Conduct of Meetings
13. (1) The Board shall hold its sittings to transact the business of the Board once every three months.
(2) Notwithstanding subsection (1), the Chairperson may, or his or her own volition or upon request in writing by at least one-third of the
Board Members convene a special meeting of the Board to transact an urgent business of the Board.
(3) The quorum shall be at least fifty per cent of the voting members and the Chairperson shall have a casting vote.
(4) The Board shall with the approval of the Executive Member, determine the conduct of the committee’s business;
(5) The Executive Member may by notice in the gazette, prescribe the procedure and rules for the conduct of meetings of the Board.
Conflict of Interest
14. A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not participate in the meeting discussing or making the decision, and his or her interest in the matter shall be recorded in the minutes.
Maintenance of Board Proceedings and Records
15. (1) The minutes and other information and records of the Board shall be kept in the custody of the Municipal Manager.
(2) Subject to the provisions of the Act, National and County
Government laws on access to information, a person may apply to access any records, document or information held by or behalf of the
Board which that person believes to be necessary for enforcement of a constitutional right.
(3) Notwithstanding the provisions of subsection (2), the procedure prescribed under the relevant County Government laws on access to information and public participation shall apply with the necessary modifications.
PART III—ADMINISTRATION
Office of the Municipal Manager
16. (1) The Governor shall with the approval of the County
Executive Committee and the County Assembly, appoint a person competitively recruited by the County Public Service Board as the
Municipal Manager.
(2) The Municipal Manager shall be the secretary to the Board and as such, shall be responsible for the implementation of the Board decision and functions.
(3) A person shall not qualify for appointment as a Municipal
Manager unless that person—
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) possess at least ten years post graduation work experience in a managerial position; and
(d) satisfies the requirements of chapter six of the Constitution.
(4) Unless otherwise specified in the terms and conditions of appointment, the Municipal Manager shall serve for a period of three years, which term may be renewable once.
(5) The Human Resource policy of the County Government shall apply to the Municipal Manager.
Deployment of Staff Members
17. The County Secretary may, on recommendation of the Chief
Officer, deploy staff of the County Government to the Municipality as shall be necessary for better implementation of the functions and decisions of the Board.
PART IV—DEVELOPMENT OF BY-LAWS
Power to make By-laws
18. (1) The Board of the Municipality may pass Municipality by- laws to enable it carry out its mandate efficiently.
(2) Notwithstanding the provisions of subsection (1), the Board shall not pass a by-law on a matter addressed under the National of
County Government legislation.
(3) In addition to sub-section (2), where the National or County
Government enacts a legislation on a matter addressed by a
Municipality By-law, the By-law shall automatically be repealed on commencement of the legislation.
Procedure of Making By-laws
19. (1) All proposed by-laws or an amendment to a By-law shall, before approval by the Board, be subjected to public participation conducted in accordance with the County Government Legislation and any other relevant written laws before approval by the Board.
(2) The passing of a by-law or an amendment to a by-law shall be by a simple majority of all voting Board Members.
(3) Subject to subsection (2), the Chairman of the Board shall submit a by-law or an amendment to a by-law to the Executive
Member for tabling before the County Executive Committee for approval.
(4) The Executive Member shall publish in the gazette a by-law, or an amendment to a by-law approved by the County Executive
Committee and within seven days of such publication, submit the published by-law or an amendment to a by-law to the County
Assembly for consideration and approval.
(5) Where the County Assembly has not raised any objection within thirty days from the date of publication, the published by-laws or amendment to the by-law shall be presented to the Governor for
Assent.
(6) Where the Governor assents to a by-law or an amendment to a by-law, the Executive Member shall, within fourteen days from the date of such assent, publish the assented by-law or amendment to the by-law in the gazette, and within seven days of such publication the by-law or the amendment to the by-law shall commence.
(7) Notwithstanding the provisions of subsection (6), the by-laws or an amendment to the by-law may prescribe a commencement date, and different dates may be provided for different provisions.
(8) The Governor may decline to assent to a by-law or an amendment to a by-law and shall issue a memorandum of reasons for such decline.
Enforcement of a By-law
20. (1) A Municipal by-law or an amendment to a by-law shall be deemed to be subsidiary legislation of the County Government.
PART V—MUNICIPAL FINANCES AND FINANCIAL
MANAGEMENt
Sources of Funds
21. (1) The funds of the Municipality Funds shall be from—
(a) Monies as may be appropriated by the County Assembly;
(b) Sums received including contributions, gifts, donations or grants from any lawful sources;
(c) Monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions;
2nd November, 2018 THE KENYA GAZETTE
(d) Investment income; and
(e) All other monies which in any manner may become payable to or vested in the fund.
(2) The funds of the municipality shall be used for capital development and operations of the Board in line with the provisions of the Public Finance Management Act.
(3) The receipts, earnings or accruals of the fund and its balances at the close of each financial year shall not be paid into the county revenue account but shall be retained for the purposes of the fund
Fund Bank Account
22. (1) With the authority of the County Executive Committee
Member responsible for finance, the Board may operate a bank account under the name of RUIRU Municipality Account.
(2) Where an account is authorized, the signatories of this account shall be—
(a) the Municipal Manager; and
(b) two other officers designated by the County Executive
Committee Member responsible for Finance.
Financial Year
23. The Municipality financial year shall be the financial year of the County Government.
Budget
24. (1) The Municipality shall operate on an annual budget.
(2) The budget for the Municipality shall be developed in the manner provided under Section 175 of the Public Finance
Management Act, 2012.
PART VI—GENERAL PROVISIONS
Oath of Office
25. Prior to assuming the office and duties of the Board
Membership or the Municipal Manager a person shall be required to take the oath of office prescribed in the Second Schedule to this
Charter and as prescribed under any other relevant written law.
Amendments to the Charter
26. The County Governor may at any time, with the approval of the County Assembly, amend any provision of this Charter by a notice in the gazette.
Severability
27. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
County Department
28. County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect prior to the commencement of this Charter and unless otherwise determined by the County Executive Committee subject to the approval of the County Assembly.
FIRST SCHEDULE—MAP OF THE RUIRU MUNICIPALITY
SECOND SCHEDULE
OATHS OF OFFICE
“I, [………..], being called on to exercise the functions of [Municipal
Manager/Chairman/ Board Member] of the Municipality of Ruiru ,do swear/solemnly affirm that that I will at all times be faithful to the
Republic of Kenya; that I will obey, respect and uphold this
Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Ruiru, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairman/ Board Member] of the Municipality of Ruiru or otherwise under the law. So help me God.”
NOW wherefore, in exercise of the powers conferred by Section 9
(1) and (4) of the Urban Areas and Cities Act, as complemented by
Section 72 of the Interpretations and General Provisions Act (Chapter
2) and all other enabling provisions of law, I confer Municipality status to Ruiru urban area by the grant of Charter on this 27th day of
June, 2018.
FERDINAND WAITITU BABAYAO, Governor, Kiambu County.
I certify that the format of this charter was approved by the resolution of the County Assembly passed on the 4th June, 2018.
MR/ 5555109 Speaker of the County Assembly
GAZETTE NO. 11312
THE URBAN AREAS AND CITIES ACT
LIMURU MUNICIPALITY CHARTER, 2018
Preamble
WHEREAS
(a) In accordance with section 9 (1) and (4) of the Urban Areas and Cities Act , the Governor intends to confer on Limuru urban area the status of a Municipality;
(b) County Executive Committee considered and approved the application to confer the municipality status on Limuru urban
Area, and consequently, an Ad Hoc Committee was establish to consider and advice on this application;
(c) The Ad hoc committee has considered the application and advised that the Limuru urban area has meet the criteria for conferment of municipality status on the basis of meeting the population threshold;
(d) The Governor has transmitted the recommendation to confer the municipality status on Limuru urban area to the County
Assembly, which has considered and by a resolution of the
House, approved this recommendation;
(e) The Clerk has transmitted to the Governor the County
Assembly resolution approving the recommendation to confer the municipality status on Limuru urban area;
(f) Section 9 (1) provides that conferment of municipality status is to be done by grant of a charter in the prescribed form
(g) The Urban Areas and Cities Act does not have the prescribed form of a municipality charter nor have any regulations been promulgated under this Act providing the prescribed form of a municipality charter; and
(h) In the absence of a prescribed format under the Urban Areas and Cities Act, in accordance with the provisions of section
72 of the Interpretations and General Provisions Act, the
County Assembly has considered and approved the format of the charter containing herein for purposes of compliance with the Urban Areas and Cities Act;
The Charter of the County Government of Kiambu to confer
Municipality on Limuru Town, the County Headquarters, for description of functions of the Municipality; the establishment of the
Limuru Municipality Board; appointment of Municipal Manager and for connected purposes;
THE KENYA GAZETTE 2nd November, 2018
3856 3856
PART I—PRELIMINARIES
Short title
1. This Charter may be cited as the Limuru Municipality Charter.
Commencement
2. This Charter shall commence on the date of publication in the gazette.
Interpretation
3. In this Charter unless the context otherwise requires-
“Act” means the Urban Areas and Cities Act, 2011;
“Board” means the Limuru Municipality Board established under section 6 of this Charter;
“Charter” means the Limuru Municipality Charter;
“Constitution” means the Constitution of Kenya, 2010;
“County Assembly” means the Kiambu County Assembly;
“County Executive Committee” means the Kiambu County
Executive Committee;
“County Government” means the County Government of Kiambu;
“Executive Member” means the County Executive Committee
Member for the time being responsible for Urban Development;
“Financial Year” means the financial of the County Government;
“Municipality” means the Limuru Municipality established under section 5 of this Charter;
“Municipal Manager” means the Municipal Manager appointed under section 16 of this Charter;
Purpose
4. The Purpose of this Charter is to confer the municipality status on the Limuru urban area and to establish a Municipality Board for implementation of the objects of the Municipality, PART II—ESTABLISHMENT AND MANAGEMENT OF THE
LIMURU MUNICIPALITY
Conferment of the Municipality Status
5. (1) There is hereby conferred the municipality status on all that area known as Limuru urban area within the boundaries identified as at the time of commencement of this Charter and as set out in the first schedule to this Charter.
(2) The Limuru urban area shall from the date of commencement of this Charter be known as the Limuru Municipality.
(3) The Municipality shall have the status of a municipality within the definition of the Act.
(4) The first schedule may be amended by the County Assembly with the approval of the Independent Electoral and Boundaries
Commission or its successor.
(5) The Municipality shall be managed by a Municipality Board established under this Charter.
Establishment of the Municipality Board
6. (1) There is established the Limuru Municipality Board which shall be a body corporate with perpetual succession and a common seal and shall, in its name, be capable of –
(a) suing and being sued;
(b) taking, purchasing, or otherwise acquiring, holding, charging, or disposing of movable and immovable property;
(c) borrowing money or making investments;
(d) entering into contract; and
(e) doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban
Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
(2) In undertaking its mandate under this Charter, the Board shall ensure compliance with all relevant National and County policies and
Laws, and in particular, in matters relating to financial management, procurement, implementation of contract and projects implementation, and service delivery.
Board Membership
7. (1) In accordance with section 14 of the Act, the Board shall comprise of not more than nine persons appointed by the by Governor with the approval of the County Executive Committee and the County
Assembly.
(2) The Governor shall appoint a chairperson from amongst persons approved for appointment by the County Assembly.
(3) The County Executive Committee shall designate a representative of each of the County departments to be an ex-officio members of the Board
(4) The Municipal Manager shall be Board’s secretary and an ex- officio member of the Board.
Term of Office
8. A member of the Board other than an ex-officio member shall hold office for a term of five years on a part time basis.
Removal of Office
9. A member of the Board may be removed from office by the
Governor on—
(a) any of the grounds provided under section 16 of the Act;
(b) the recommendation of at least two thirds of the voting
Members of the Board;
(c) upon petition of at least fifty per cent of the residents of the
Municipality;
(d) on non-performance or insubordination; or
(e) the recommendations of the County Assembly for any other ground including in-effective supervision or conduct of its oversight role in the implementation of projects, annual procurement plan, budget, policies or legislation within its jurisdiction.
Power and Functions of the Board
10. (1) Save as otherwise expressly stated in this Charter, the
Board shall have the powers and perform the functions vested in
Boards of municipalities under sections 20 and 21 of the Act.
(2) In addition to any other functions under this Charter, the Board shall, through a public participatory process, be responsible for-
(a) preparing and recommending to the Executive Member the
Municipal Integrated Development plan;
(b) preparing an annual infrastructure development agenda for
Municipality and advising the Executive Member;
(c) participating in the County Government budgeting process to ensure budgetary provision for the development agenda; and
(d) supervising implementation of donor funded projects within their jurisdiction and preparing reports for submission to the
Executive Member.
(3) Notwithstanding the generality of the sub-section (1), the Board shall not implement any function under the Act without first obtaining the approval by the County Executive Committee.
(4) In addition to sub-section (3), the Board shall be accountable to the County Executive Committee and the County Assembly for any exercise of power and functions under the Act or this Charter.
(5) The Board may establish committees comprising of its members for better implementation of its functions.
Board Reports
11. (1) The Board shall, within seven days from the beginning of a new quarter, prepare a quarterly report of its activities and submit it to the Executive Member.
2nd November, 2018 THE KENYA GAZETTE
(2) The Board shall, within fifteen days from the close of the financial year, for consideration by the County Executive Committee and the County Assembly, prepare and submit to the Executive
Member an annual report giving details of—
(a) on-going projects and any pending bill on the project;
(b) projects completed within the financial year, total sum spent on the project and any pending bill;
(c) projects proposed for the next financial year and estimated costs; and
(d) an assessment of the social and economic impact of the implemented projects including creation of jobs and investment opportunities if any.
(3) The County Assembly may summon the Board or any member of the Board to answer any question or present a report before it.
Remuneration of the Members of the Board
12. The Members of the Board shall be entitled to such remuneration or allowances as may from time to time be determined by the Executive Committee Member responsible for Finance subject to approval by the County Executive Committee and the Salaries and
Remuneration Commission.
Conduct of Meetings
13. (1). The Board shall hold its sittings to transact the business of the Board once every three months.
(2) Notwithstanding subsection (1), the Chairperson may, or his or her own volition or upon request in writing by at least one-third of the
Board Members convene a special meeting of the Board to transact an urgent business of the Board.
(3) The quorum shall be at least fifty per cent of the voting members and the Chairperson shall have a casting vote.
(4) The Board shall, with the approval of the Executive Member, determine the conduct of the committee’s business.
(5) The Executive Member may, by notice in the gazette, prescribe the procedure and rules for the conduct of meetings of the Board.
Conflict of Interest
14. A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not participate in the meeting discussing or making the decision, and his or her interest in the matter shall be recorded in the minutes.
Maintenance of Board Proceedings and Records
15. (1) The minutes and other information and records of the Board shall be kept in the custody of the Municipal Manager.
(2) Subject to the provisions of the Act, National and County
Government laws on access to information, a person may apply to access any records, document or information held by or behalf of the
Board which that person believes to be necessary for enforcement of a constitutional right.
(3) Notwithstanding the provisions of subsection (2), the procedure prescribed under the relevant County Government laws on access to information and public participation shall apply with the necessary modifications.
PART III—ADMINISTRATION
Office of the Municipal Manager
16. (1) The Governor shall, with the approval of the County
Executive Committee and the County Assembly, appoint a person competitively recruited by the County Public Service Board, as the
Municipal Manager.
(2) The Municipal Manager shall be the secretary to the Board and as such, shall be responsible for the implementation of the Board decision and functions.
(3) A person shall not qualify for appointment as a Municipal
Manager unless that person –
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) possess at least ten years post graduation work experience in a managerial position; and
(d) satisfies the requirements of chapter six of the Constitution.
(4) Unless otherwise specified in the terms and conditions of appointment, the Municipal Manager shall serve for a period of three years, which term may be renewable once.
(5) The Human Resource policy of the County Government shall apply to the Municipal Manager.
Deployment of Staff Members
17. The County Secretary may, on recommendation of the Chief
Officer, deploy staff of the County Government to the Municipality as shall be necessary for better implementation of the functions and decisions of the Board.
PART IV—DEVELOPMENT OF BY-LAWS
Power to make By-laws
18. (1) The Board of the Municipality may pass Municipality By- laws to enable it carry out its mandate efficiently.
(2) Notwithstanding the provisions of subsection (1), the Board shall not pass a by-law on a matter addressed under the National of
County Government legislation.
(3) In addition to sub-section (2), where the National or County
Government enacts a legislation on a matter addressed by a
Municipality By-law, the By-law shall automatically be repealed on commencement of the legislation.
Procedure of making By-laws
19. (1) All proposed by-laws or an amendment to a by-law shall, before approval by the Board, be subjected to public participation conducted in accordance with the County Government Legislation and any other relevant written laws.
(2) The passing of a by-law or an amendment to a by-law shall be by a simple majority of all voting Board Members.
(3) Subject to subsection (2), the Chairman of the Board shall submit a by-law or an amendment to a by law to Executive Member for tabling before the County Executive Committee for approval.
(4) The Executive Member shall publish in the gazette a by-law, or an amendment to a by-law approved by the County Executive
Committee and within seven days of such publication, submit the published by-law or an amendment to a by-law to the County
Assembly for consideration and approval.
(5) Where the County Assembly has not raised any objection within thirty days from the date of publication, the published by-laws or amendment to the by-law shall be presented to the Governor for
Assent.
(6) Where the Governor assents to a by-law or an amendment to a by-law, the Executive Member shall, within fourteen days from the date of such assent, publish the assented by–law or amendment to the by-law in the gazette, and within seven days of such publication, the by-law or the amendment to the by-law shall commence.
(7) Notwithstanding the provisions of sub-section(6), the by-laws or an amendment to the by-law may prescribe a commencement date, and different dates may be provided for different provisions.
(8) The Governor may decline to assent to a by-law or an amendment to a by-law and shall issue a memorandum of reasons for such decline.
Enforcement of a By-law
20. (1). A Municipal by-law or an amendment to a by-law shall be deemed to be subsidiary legislation of the County Government.
PART V—MUNICIPAL FINANCES AND FINANCIAL
MANAGEMENT
Sources of funds
21. (1) The funds of the Municipality shall be from—
(a) monies as may be appropriated by the County Assembly;
(b) sums received including contributions, gifts, donations or grants from any lawful sources;
(c) monies or assets that may accrue to the Board in the course of the exercise of its powers of the performance of its functions;
THE KENYA GAZETTE 2nd November, 2018
3858 3858
(d) investment income; and
(e) all other monies which in any manner may become payable to or vested in the fund.
(2) The funds of the Municipality shall be used for capital development and operations of the Board in line with the provisions of the Public Finance Management Act.
Municipality Bank Account
22. (1) With the authority of the County Executive Committee
Member responsible for finance, the Board may operate a bank account under the name of Limuru Municipality Account.
(2) Where an account is authorized, the signatories of this account shall be—
(a) the Municipal Manager; and
(b) two other officers designated by the County Executive
Member responsible for finance.
Financial Year
23. The Municipality financial year shall be the financial year of the County Government.
Budget
24. (1) The Municipality shall operate on an annual budget.
(2) The budget for the Municipality shall be developed in the manner provided under section 175 of the Public Finance Management Act, 2012.
PART VI—GENERAL PROVISIONS
Oath of Office
25. Prior to assuming the office and duties of the Board
Membership or the Municipal Manager a person shall be required to take the oath of office prescribed in the Second Schedule to this
Charter and as prescribed under any other relevant written law.
Amendments to the Charter
26. The County Governor may at any time, with the approval of the County Assembly, amend any provision of this Charter by a notice in the gazette.
Severability
27. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
County Department
28. County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect prior to the commencement of this Charter unless otherwise determined by the County Executive Committee subject to the approval of the County Assembly.
FIRST SCHEDULE—MAP OF THE LIMURU MUNICIPALITY
SECOND SCHEDULE
OATH OF OFFICE
“I, [………..], being called on to exercise the functions of [Municipal
Manager/Chairman/ Board Member] of the Municipality of Kiambu
,do swear/solemnly affirm that that I will at all times be faithful to the
Republic of Kenya; that I will obey, respect and uphold this
Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Kiambu, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairman/ Board Member] of the Municipality of Kiambu or otherwise under the law. So help me God.”
NOW wherefore, in exercise of the powers conferred by Section 9
(1) and (4) of the Urban Areas and Cities Act, as complemented by
Section 72 of the Interpretations and General Provisions Act (Chapter
2) and all other enabling provisions of law, I confer Municipality status to Limuru urban area by the grant of Charter on this 27th day of
June, 2018.
FERDINAND WAITITU BABAYAO, Governor, Kiambu County.
I certify that the format of this charter was approved by the resolution of the County Assembly passed on the 4th June, 2018.
MR/ 5555109 Speaker of the County Assembly.
GAZETTE NO. 11313
THE URBAN AREAS AND CITIES ACT
KARURI MUNICIPALITY CHARTER, 2018
Preamble
WHEREAS
(a) In accordance with Section 9 (1) and (4) of the Urban Areas and Cities Act, the Governor intends to confer on Karuri urban area, the status of a Municipality;
(b) County Executive Committee considered and approved the application to confer the municipality status on Karuri urban area, and consequently, an Ad Hoc Committee was established to consider and advice on this application;
(c) The Ad hoc committee has considered the application and advised that the Karuri urban area has meet the criteria for conferment of special municipality status on the basis of meeting the population threshold and being the County
Government Headquarters;
(d) The Governor has transmitted the recommendation to confer the special municipality status on Kiambu town to the County
Assembly, which has considered and by a resolution of the
House, approved this recommendation;
(e) The Clerk has transmitted to the Governor the County
Assembly resolution approving the recommendation to confer municipality status on Karuri urban area;
(f) Section 9(1) provides that conferment of municipality status is to be done by grant of a charter in the prescribed form
(g) The Urban Areas and Cities Act does not have the prescribed form of a municipality charter nor have any regulations been promulgated under this Act providing the prescribed form of a municipality charter; and
(h) In the absence of a prescribed format under the Urban Areas and Cities Act, in accordance with the provisions of section
72 of the Interpretations and General Provisions Act, the
County Assembly has considered and approved the format of the charter containing herein for purposes of compliance with the Urban Areas and Cities Act;
The Charter of the County Government of Kiambu to confer
Municipality on Karuri urban area, for description of functions of the
Municipality; the establishment of the Karuri Municipality Board;
appointment of Municipal Manager and for connected purposes;
2nd November, 2018 THE KENYA GAZETTE
PART I—PRELIMINARIES
Short title
1. This Charter may be cited as the Karuri Municipality Charter.
Commencement
2. This Charter shall commence on the date of publication in the gazette.
Interpretation
3. In this Charter unless the context otherwise requires-
“Act” means the Urban Areas and Cities Act, 2011;
“Board” means the Karuri Municipality Board established under section 6 of this Charter;
“Charter” means the Karuri Municipality Charter;
“Constitution” means the Constitution of Kenya, 2010;
“County Assembly” means the Kiambu County Assembly;
“County Executive Committee” means the Kiambu County
Executive Committee;
“County Government” means the County Government of Kiambu;
“Executive Member” means the County Executive Committee
Member for the time being responsible for Urban Development;
“Financial Year” means the financial of the County Government;
“Municipality” means the Karuri Municipality established under section 5 of this Charter;
“Municipal Manager” means the Municipal Manager appointed under section 16 of this Charter;
Purpose
4. The purpose of this Charter is to confer municipality status on the Karuri urban area and to establish a Municipality Board for implementation of the objects of the Municipality.
PART II—ESTABLISHMENT AND MANAGEMENT OF THE
KARURI MUNICIPALITY
Conferment of the Municipality Status
5. (1) There is hereby conferred the Municipality status on all that area known as Karuri urban area within the boundaries identified as at the time of commencement of this Charter and as set out in the first schedule to this Charter.
(2) The Karuri urban area shall from the date of commencement of this Charter be known as the Karuri Municipality.
(3) The first schedule may be amended by the County Assembly with the approval of the Independent Electoral and Boundaries
Commission or its successor.
(4) The Municipality shall be managed by a Municipality Board established under this Charter.
Establishment of the Municipality Board
6. (1) There is established the Karuri Municipality Board which shall be a body corporate with perpetual succession and a common seal and shall, in its name, be capable of –
(a) suing and being sued;
(b) taking, purchasing, or otherwise acquiring, holding, charging, or disposing of movable and immovable property;
(c) borrowing money or making investments;
(d) entering into contract; and
(e) doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban
Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
(2) In undertaking its mandate under this Charter, the Board shall ensure compliance with all relevant National and County policies and
Laws, and in particular, in matters relating to financial management, procurement, implementation of contract and projects implementation, and service delivery.
Board Membership
7. (1) In accordance with section 14 of the Act, the Board shall comprise of not more than nine persons appointed by the by Governor with the approval of the County Executive Committee and the County
Assembly.
(2) The Governor shall appoint a chairperson from amongst persons approved for appointment by the County Assembly.
(3) The Municipal Manager shall be the Board’s Secretary and an ex-officio member of the Board.
Term of Office
8. A member of the Board other than an ex-officio member shall hold office for a term of five years on a part time basis.
Removal of Office
9. A member of the Board may be removed from office by the
Governor on–
(a) any of the grounds provided under section 16 of the Act;
(b) the recommendation of at least two thirds of the voting
Members of the Board;
(c) upon petition of at least fifty per cent of the residents of the
Municipality;
(d) on non-performance or insubordination; or
(e) the recommendations of the County Assembly for any other ground including in-effective supervision or conduct of its oversight role in the implementation of projects, annual procurement plan, budget, policies or legislation within its jurisdiction.
Powers and Functions of the Board
10. (1) Save as otherwise expressly stated in this Charter, the
Board shall have the powers and perform the functions vested in
Boards of municipalities under sections 20 and 21 of the Act.
(2) In addition to any other functions under this Charter, the Board shall, through a public participatory process, be responsible for—
(a) preparing and recommending to the Executive Member the
Municipal Integrated Development plan;
(b) preparing an annual infrastructure development agenda for
Municipality and advising the Executive Member;
(c) participating in the County Government budgeting process to ensure budgetary provision for the development agenda; and
(d) supervising implementation of donor funded projects within their jurisdiction and preparing reports for submission to the
Executive Member.
(3) Notwithstanding the generality of sub section (1), the Board shall not implement any function under the Act without first obtaining the approval by the County Executive Committee.
(4) In addition to sub-section (3), the Board shall be accountable to the County Executive Committee and the County Assembly for any exercise of power and functions under the Act or this Charter.
(5) The Board may establish committees comprising of its members for better implementation of its functions.
Board Reports
11. (1) The Board shall within seven days from the beginning of a new quarter, prepare a quarterly report of its activities and submit it to the Executive Member.
(2) The Board shall, within fifteen days from the close of the financial year, for consideration by the County Executive Committee and the County Assembly, prepare and submit to the Executive
Member an annual report giving details of-
(a) on-going projects and any pending bill on the project;
(b) projects completed within the financial year, total sums spent on the project and any pending bill;
(c) projects proposed for the next financial year and the estimated costs; and
THE KENYA GAZETTE 2nd November, 2018
3860 3860
(d) an assessment of the social and economic impact of the implemented projects including creation of jobs and investment opportunities if any.
(3) The County Assembly may, summon the Board or any member of the Board to answer any question or present a report before it.
Remuneration of the Members of the Board
12. The Members of the Board shall be entitled to such remuneration or allowances as may from time to time be determined by the Executive Committee Member responsible for Finance subject to approval by the County Executive Committee and the Salaries and
Remuneration Commission.
Conduct of Meetings
13. (1) The Board shall hold its sittings to transact the business of the Board once every three months.
(2) Notwithstanding subsection (1), the Chairperson may, or his or her own volition or upon request in writing by at least one-third of the
Board Members convene a special meeting of the Board to transact an urgent business of the Board.
(3) The quorum shall be at least fifty per cent of the voting members and the Chairperson shall have a casting vote.
(4) The Board shall with the approval of the Executive Member, determine the conduct of the committee’s business;
(4) The Executive Member may by notice in the gazette, prescribe the procedure and rules for the conduct of meetings of the Board.
Conflict of Interest
14. A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not participate in the meeting discussing or making the decision, and his or her interest in the matter shall be recorded in the minutes.
Maintenance of Board Proceedings and Records
15. (1) The minutes and other information and records of the Board shall be kept in the custody of the Municipal Manager.
(2) Subject to the provisions of the Act, National and County
Government laws on access to information, a person may apply to access any records, document or information held by or behalf of the
Board which that person believes to be necessary for enforcement of a constitutional right.
(3) Notwithstanding the provisions of subsection (2), the procedure prescribed under the relevant County Government laws on access to information and public participation shall apply with the necessary modifications.
PART III—ADMINISTRATION
Office of the Municipal Manager
16. (1) The Governor shall with the approval of the County
Executive Committee and the County Assembly, appoint a person competitively recruited by the County Public Service Board as the
Municipal Manager.
(2) The Municipal Manager shall be the secretary to the Board and as such, shall be responsible for the implementation of the Board decision and functions.
(3) A person shall not qualify for appointment as a Municipal
Manager unless that person –
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) possess at least ten years post graduation work experience in a managerial position; and
(d) satisfies the requirements of chapter six of the Constitution.
(4) Unless otherwise specified in the terms and conditions of appointment, the Municipal Manager shall serve for a period of three years, which term may be renewable once.
(5) The Human Resource policy of the County Government shall apply to the Municipal Manager.
Deployment of staff Members
17. The County Secretary may, on recommendation of the Chief
Officer, deploy staff of the County Government to the Municipality as shall be necessary for better implementation of the functions and decisions of the Board.
PART IV—DEVELOPMENT OF BY-LAWS
Power to make by -laws
18. (1) The Board of the Municipality may pass Municipality by- laws to enable it carry out its mandate efficiently.
(2) Notwithstanding the provisions of subsection (1), the Board shall not pass a by-law on a matter addressed under the National of
County Government legislation.
(3) In addition to sub-section (2), where the National or County
Government enacts a legislation on a matter addressed by a
Municipality By-law, the By-law shall automatically be repealed on commencement of the legislation.
Procedure of making By-laws
19 (1) All proposed by-laws or an amendment to a By-law shall, before approval by the Board, be subjected to public participation conducted in accordance with the County Government Legislation and any other relevant written laws before approval by the Board.
(2) The passing of a by-law or an amendment to a by-law shall be by a simple majority of all voting Board Members.
(3) Subject to subsection (2), the Chairman of the Board shall submit a by-law or an amendment to a by-law to the Executive
Member for tabling before the County Executive Committee for approval.
(4) The Executive Member shall publish in the gazette a by-law, or an amendment to a by-law approved by the County Executive
Committee and within seven days of such publication, submit the published by-law or an amendment to a by-law to the County
Assembly for consideration and approval.
(5) Where the County Assembly has not raised any objection within thirty days from the date of publication, the published by-laws or amendment to the by-law shall be presented to the Governor for
Assent.
(6) Where the Governor assents to a by-law or an amendment to a by-law, the Executive Member shall, within fourteen days from the date of such assent, publish the assented by-law or amendment to the by-law in the gazette, and within seven days of such publication the by-law or the amendment to the by-law shall commence.
(7) Notwithstanding the provisions of subsection (6), the by-laws or an amendment to the by-law may prescribe a commencement date, and different dates may be provided for different provisions.
(8) The Governor may decline to assent to a by-law or an amendment to a by-law and shall issue a memorandum of reasons for such decline.
Enforcement of a By-law
20. (1) A Municipal by-law or an amendment to a by-law shall be deemed to be subsidiary legislation of the County Government.
PART V —MUNICIPAL FINANCES AND FINANCIAL
MANAGEMENT
Sources of funds
21. (1) The funds of the Municipality Funds shall be from—
(a) monies as may be appropriated by the County Assembly;
(b) sums received including contributions, gifts, donations or grants from any lawful sources;
(c) monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions;
(d) investment income; and
(e) all other monies which in any manner may become payable to or vested in the fund.
2nd November, 2018 THE KENYA GAZETTE
(2) The funds of the municipality shall be used for capital development and operations of the Board in line with the provisions of the Public Finance Management Act.
(3) The receipts, earnings or accruals of the fund and its balances at the close of each financial year shall not be paid into the county revenue account but shall be retained for the purposes of the fund
Fund bank account
22. (1) With the authority of the County Executive Committee
Member responsible for finance, the Board may operate a bank account under the name of Karuri Municipality Account.
(2) Where an account is authorized, the signatories of this account shall be—
(a) the Municipal Manager; and
(b) two other officers designated by the County Executive
Committee Member responsible for Finance.
Financial year
23. The Municipality financial year shall be the financial year of the County Government.
Budget
24. (1) The Municipality shall operate on an annual budget.
(2) The budget for the Municipality shall be developed in the manner provided under Section 175 of the Public Finance
Management Act, 2012.
PART VI – GENERAL PROVISIONS
Oath of office
25. Prior to assuming the office and duties of the Board
Membership or the Municipal Manager a person shall be required to take the oath of office prescribed in the Second Schedule to this
Charter and as prescribed under any other relevant written law.
Amendments to the Charter
26. The County Governor may at any time, with the approval of the County Assembly, amend any provision of this Charter by a notice in the gazette.
Severability
27. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
County Department
28. County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect prior to the commencement of this Charter and unless otherwise determined by the County Executive Committee subject to the approval of the County Assembly.
FIRST SCHEDULE—MAP OF THE KARURI MUNICIPALITY
SECOND SCHEDULE
Oaths Of Office
“I, [………..], being called on to exercise the functions of [Municipal
Manager/Chairman/ Board Member] of the Municipality of Karuri ,do swear/solemnly affirm that that I will at all times be faithful to the
Republic of Kenya; that I will obey, respect and uphold this
Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Karuri, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairman/ Board Member] of the Municipality of Karuri or otherwise under the law. So help me God.”
NOW wherefore, in exercise of the powers conferred by Section 9
(1) and (4) of the Urban Areas and Cities Act, as complemented by
Section 72 of the Interpretations and General Provisions Act (Chapter
2) and all other enabling provisions of law, I confer Municipality status to Karuari urban area by the grant of Charter on this 27th day of
June, 2018.
FERDINAND WAITITU BABAYAO, Governor, Kiambu County.
I certify that the format of this charter was approved by the resolution of the County Assembly passed on the 4th June, 2018.
MR/ 5555109 Speaker of the County Assembly.
GAZETTE NO. 11314
COUNTY GOVERNMENT OF ISIOLO
ISIOLO MUNICIPALITY
MUNICIPAL CHARTER
Preamble
WHEREAS
Article 2 of the Constitution provides that the Constitution is the supreme law of the Republic of Kenya and binds all persons and all
State organs at both levels of government.
WHEREAS
Article 184 of the Constitution of Kenya 2010 mandated parliament to enact a legislation to provide inter alia the criteria for classifying areas as urban areas and cities; establishing the principles of governance and management of urban areas and cities and to provide for participation by residents in the governance of urban areas and cities within 1 year of the promulgation of the Constitution.
WHEREAS
Parliament enacted the Urban Areas and Cities Act in the year
2011 which legislation had an effective date falling after the first election held under the Constitution of Kenya 2010.
WHEREAS
Section 9 (4) of the Urban Areas and Cities Act empowers the
County Governor, to confer on the County Headquarters, the status of a Special Municipality even where it does not meet the threshold specified in law.
WHEREAS
The Urban Areas and Cities Act does not have the prescribed form of a Municipal Charter.
WHEREAS
No regulations have been promulgated under the Urban Areas and
Cities Act providing the prescribed form of a Municipal Charter under the Urban Areas and Cities Act.
WHEREAS
Section 72 of the Interpretations and General Provisions Act allows for substantial conformity of any instruments required to be in a prescribed form under any statute in Kenya.
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3862 3862
1. Incorporation, Name and Boundaries
4.1. Incorporation and Name
4.1.1. This Charter is the Municipal Charter of the Municipality of Isiolo, within Isiolo County, Kenya.
4.1.2. All processes affecting the Municipality shall be served on the Municipal Manager or acting Municipal Manager, in the absence of both of said officers, on the Secretary of the
Board of the Municipality.
4.2. Boundaries
4.2.1. The boundaries of the Municipality of Isiolo as now existing shall be the boundaries of the Municipality of
Isiolo.
2. Powers, Objects and Functions of the Municipality
2.1. Powers of the Municipality
2.1.1. Save as is hereinafter provided, the Municipality of Isiolo shall have all the powers, general and special, governmental or proprietary, expressed or implied, which may be possessed or assumed by municipalities under the
Urban Areas and Cities Act, the County Government Act and the Laws of the County Government of Isiolo.
2.1.2. No enumeration of specific powers in this Charter shall be held to be exclusive. All such powers shall be exercised in the manner prescribed in this Charter, or, if not prescribed herein, in such manner as Board of the Municipality may determine, or, unless a contrary intent appears in this
Charter or in the Regulationsand Resolutions of the Board of the Municipality, in such manner as may be provided by the Laws of the County Government of Isiolo.
2.2. Objects of the Municipality
2.2.1. The objects of the Municipality of Isiolo are to:
(a) Provide for efficient and accountable management of the affairs of the Municipality.
(b) Provide for a governance mechanism that will enable the inhabitants of the Municipality to:
(i) Participate in determining the social services and regulatory framework which will best satisfy their needs and expectations.
(ii) Ensure that public resources and authority are utilized or exercised, as the case may be, to their satisfaction.
(iii) Enjoy efficiency in service delivery.
(c) To institute such measures as are necessary for achieving public order and the provisions of civic amenities, so as to enhance the quality of life of the inhabitants of the
Municipality.
(d) Provide a high standard of social services in a cost effective manner to the inhabitants of the Municipality.
(e) Promote social cohesiveness and a sense of civic duty and responsibility among the inhabitants and stakeholders in the Municipality in order to facilitate collective action and commitment towards achieving the goal of a harmonious and stable community.
(f) Providing for services, regulations and other matters for
Municipality’s benefit.
(g) Fostering the economic, social and environmental well- being of its community
2.3. Functions of the Municipality
2.3.1. The Municipality of Isiolo shall, within the boundaries of the Municipality, perform the following functions:
(a) Promotion, regulation and provision of refuse collection and solid waste management services.
(b) Maintenance of urban roads and associated infrastructure.
(c) Maintenance of storm drainage and flood controls.
(d) Maintenance of walkways and other non-motorized transport infrastructure;
(e) Maintenance of recreational parks and green spaces.
(f) Maintenance of street lighting.
(g) Maintenance and regulation of traffic controls and parking facilities.
(h) Maintenance of bus stands and taxi stands.
(i) Regulation of outdoor advertising;
(j) Maintenance and regulation of municipal markets and abattoirs.
(k) Maintenance of fire stations; provision of fire-fighting services, emergency preparedness and disaster management.
(l) Promotion, regulation and provision of municipal sports and cultural activities.
(m) Promotion, regulation and provision of animal control and welfare.
(n) Enforcement of municipal plans.
(o) Maintenance of administrative offices.
(p) Any other functions as may be delegated by the
Governor.
3. The Board of the Municipality
3.1. Establishment of the Board
3.1.1. There shall be a Board of the Municipality of Isiolo to be known as the Isiolo Municipality Board (IMB).
3.1.2. The Board of the Municipality shall be a corporate body with perpetual succession and a common seal and shall in its own corporate name, be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
(c) borrowing money or making investments within the limits imposed by law;
(d) entering into contracts; and
(e) doing or performing all other act or things for the proper performance of its functions in accordance with the
Urban Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate.
3.1.3. The Board shall exercise its powers under 3.1.2 above as an agent of the County Government of Isiolo and with the approval of the Governor.
3.2. Powers and Functions of the Board of the Municipality
3.2.1. Save as otherwise expressly stated in this Charter, the
Board of the Municipality shall have all the powers and perform all functions vested in boards of municipalities under the Urban Areas and Cities Act, the County
Government Act and the Municipality Regulations.
3.2.2. Except as this Charter otherwise provides, all powers of the
Municipality shall be vested in the Board of the
Municipality.
3.2.3. The Board of the Municipality shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the Board of the
Municipality.
3.2.4. Subject to the above provisions, the Board of the
Municipality shall, within the boundaries of the
Municipality of Isiolo—
(a) exercise executive authority as delegated by the
Governor;
2nd November, 2018 THE KENYA GAZETTE
(b) ensure provision of services to its residents;
(c) promote constitutional values and principles;
(d) ensure the implementation and compliance with policies formulated by both the National and County Government;
(e) make Regulations or make recommendations for issues to be included in Regulations; and
(f) ensure participation of the residents in decision making, its activities and programmes.
3.2.5. The Board of the Municipality shall perform the following functions—
(a) oversee the affairs of the Municipality;
(b) develop or adopt policies, plans, strategies and programmes and set targets for service delivery;
(c) maintaining a comprehensive database and information system of the administration;
(d) administering and regulating its internal affairs;
(e) implementing applicable national and county legislation;
(f) monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the Board of the Municipality;
(g) preparing and submitting 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;
(h) monitoring the impact and effectiveness of any services, policies, programs or plans;
(i) establishing, implementing and monitoring performance management systems;
(j) promoting a safe and healthy environment;
(k) facilitating and regulating public transport; and
(l) performing such other functions as delegated by the
Governor.
3.3. Composition and Term of the Board of the Municipality
3.3.1. The Board of the Municipality shall be composed of nine
(9) members.
3.3.2. Four (4) members of the Board of the Municipality shall be appointed by the County Executive Committee and approved by the County Assembly.
3.3.3. Five (5) members of the Board shall be nominated by the following umbrella bodies—
(a) an umbrella body representing professional associations in the area;
(b) an association representing the private sector in the area;
(c) a cluster representing registered associations of the informal sector in the area;
(d) a cluster representing registered neighborhood associations in the area; and
(e) an association of the Municipality.
and appointed by the County Executive Committee with the approval of the County Assembly, provided that for the members to be appointed under this Clause, the each of the nominating bodies shall forward to the County Executive Committee the names of at least three
(3) nominees for consideration for appointment, and each nominating body shall indicate the selection criteria used to shortlist the said nominees.
3.3.4. In appointing members of the Board of the Municipality, the County Executive Committee shall ensure gender equity, representation of persons with disability, youth and marginalized groups.
3.3.5. The term of the members of the Board of the Municipality shall be five (5) years on a part-time basis.
3.4. Eligibility for appointment as member of the Board of the
Municipality
3.4.1. Each member of the Board of the Municipality shall have the following qualifications—
(a) be a Kenyan citizen;
(b) be ordinarily resident or have a permanent dwelling in the
Municipality;
(c) carry on business in the municipality; or
(d) have lived in the municipality for at least five years.
3.5. Chairperson of the Board
3.5.1. At the first regular meeting of the Board of the
Municipality, members of the Board of the Municipality shall elect from amongst themselves, a Chairperson of the
Board of the Municipality.
3.5.2. The Chairperson of the Board shall hold office for a term of five (5) years.
3.6. Powers and Functions of the Chairperson
3.6.1. The Chairperson of the Board of the Municipality shall have the following powers and shall perform the functions set out below—
(a) the Chairperson shall be the head of the Board of the
Municipality;
(b) chairing the meetings of the Board of the Municipality;
and
(c) perform such other duties as may be delegated by the
Board of the Municipality.
3.7. Vice-Chairperson of the Board of the Municipality
3.7.1. At the first regular meeting of the Board of the
Municipality, members of the Board of the Municipality shall elect from amongst themselves, a Vice-Chairperson of the Board of the Municipality.
3.7.2. The Chairperson and the Vice-Chairperson of the Board of the Municipality shall at all times be of different gender.
3.7.3. The Vice-Chairperson shall, in the absence of the
Chairperson, perform the functions of the Chairperson and shall perform such other functions as may be delegated by the Chairperson.
3.8. Removal of the Chairperson and Vice-Chairperson
3.8.1. The Chairperson and the Vice-Chairperson of the Board of the Municipality may be removed by—
(a) the County Governor;
(b) the vote of at least two-thirds of the members of the
Board of the Municipality at a duly convened meeting where quorum is present; or
(c) upon petition by a resident of the Municipality.
3.8.2. The procedure for the removal of a Chairperson or Vice-
Chairperson of the Board of the Municipality under 3.8.1 above may be provided by Regulations under the Urban
Areas and Cities Act and in the absence thereof in accordance with Kenyan law having regard to fair labour practices.
3.8.3. Any vacancy arising out of the removal of a Chairperson or the Vice-Chairperson of Board of the Municipality may be filled in the manner provided under Article 3.6 and 3.7 respectively.
3.9. Committees of the Board of the Municipality
3.9.1. The Board of the Municipality may—
(a) 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 the Urban Areas and Cities Act;
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(b) delegate to such Committee such functions as are necessary for the efficient performance of its duties in respect to the whole or any part of the area under the jurisdiction of the Board of the Municipality; and
(c) include persons who are not members of the Board in any
Committee.
3.9.2. The Committees of the Board of the Municipality to which members of the Board of the Municipality delegate any of their powers and functions must follow procedures which are based as a far as they are applicable on those provision of this Charter which govern the taking of decisions and performance of functions by the Board of the Municipality.
3.10. Remuneration of the members of the Board of the
Municipality
3.10.1. The Board of the Municipality shall not be entitled to a salary.
3.10.2. However, members of the Board of the Municipality shall be paid such allowances as the County Executive
Committee shall, on the advice of the Salaries and
Remuneration Commission, determine.
3.11. Removal of members of the Board of the Municipality
3.11.1. A member of the Board of the Municipality shall cease to hold office if the member—
(a) is unable to perform the functions of the office by reason of mental or physical infirmity;
(b) is declared or becomes bankrupt or insolvent;
(c) is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more;
(d) resigns in writing to the County Governor;
(e) without reasonable cause or permission from the Chair, the member is absent from three consecutive meetings of the Board or Committee of the Board of the Municipality within one financial year;
(f) is found guilty of professional misconduct by the relevant professional body;
(g) is disqualified from holding a public office under the
Constitution;
(h) fails to declare his or her interest in any matter being considered or to be considered by the Board or Board
Committees;
(i) engages in any gross misconduct; or
(j) dies.
3.11.2. A member of the Board of the Municipality may be removed from office by—
(a) the County Governor;
(b) a resolution of the Board of the Municipality supported by at least two-thirds of the members of the Board of the
Municipality; or
(c) petition by the residents of the Municipality.
3.11.3. The procedure for the removal or petition for removal of a member of the Board of the Municipality under 3.11.1 above shall be as prescribed under the relevant law.
3.11.4. Any vacancy arising out of the removal of a member of the
Board of the Municipality may be filled in the manner provided under Article 3.3 above.
3.12. Meetings of the Board of the Municipality
3.12.1. The Board of the Municipality shall hold its sittings to transact the business of the Board at least once every three months.
3.12.2. Notwithstanding Article 3.12.1, the Chairperson of the
Board of the Municipality may, and upon request in writing by at least one-third of the members of the Board of the
Municipality shall, convene a special meeting to transaction any urgent business of the Board of the Municipality.
3.12.3. All regular meetings of the Board of the Municipality called for the purpose of transacting public business, where a majority of the members elected are present.
3.13. Quorum
3.13.1. At least half of the members of the Board of the
Municipality is a quorum to conduct business, but a smaller number may meet and compel attendance of absent members as prescribed by Board of the Municipality Rules.
3.13.2. A member of the Board of the Municipality who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board of the Municipality, shall not to be counted as participating in the discussions or decision- making, and is not entitled to vote on or agree to the subject or transaction relating to it.
3.14. Rules of the Board
3.14.1. The Board of the Municipality shall by resolution adopt rules to govern its meetings.
3.15. Record of Information of the Board
3.15.1. The minutes and other information of the Board of the
Municipality shall be kept by the Municipal Manager.
3.15.2. Access to information on the activities and resolutions of the Board of the Municipality shall be as provided under the Urban Areas and Cities Act.
3.16. Citizen Participation
3.16.1. The residents and the business community of Isiolo
Municipality may organize themselves into an association to enhance their participation in the affairs of Isiolo
Municipality.
3.16.2. All recommendations from such association of the
Municipality of Isiolo shall be forwarded to the Board of the Municipality for resolution.
3.16.3. All recommendations on issues raised in the association and approved by the Board of the Municipality shall be forwarded to the Municipal Manager for implementation.
4. Regulations
4.1. Regulations
4.1.1. The Board of the Municipality shall pass Municipality
Regulations to enable it carry out its mandate efficiently.
4.2. Passing of Regulations
4.2.1. All proposed Regulations must be subjected to public participation before approval by the Board.
4.2.2. Except as authorized by Article 3.2.2, passing of
Regulations shall require approval by a majority of the
Board of the Municipality.
4.2.3. The Board of the Municipality may adopt a Regulation at a single meeting by the unanimous approval of at least a quorum of Board, provided the proposed Regulation is available in writing to the Board at least one week before the meeting.
4.2.4. Any substantive amendment to a proposed Regulation must be read aloud or made available in writing to the Board, before the Board of the Municipality adopts the Regulation at that meeting.
4.2.5. After the adoption of a Regulation, the vote of each member must be entered into the Board minutes.
4.2.6. After adoption of Regulations, the Chairperson of the
Board must endorse it with the date of adoption and his title.
4.2.7. All Regulations passed by the Board shall be forwarded to the Governor for assent.
4.3. Effective Date of Regulations
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4.3.1. Regulations shall take effect on the 14th day after assent by the Governor
4.3.2. A Regulation may take effect as soon as it is assented by the Governor, if it contains an emergency clause.
5. Administrative Authority
5.1. Resolutions
5.1.1. The Board of the Municipality shall exercise its administrative authority by approving resolutions.
5.2. Approval of Resolutions
5.2.1. Approval of a resolution or any other Board administrative decision requires approval by the Board of the Municipality at one meeting.
5.2.2. After approval of a resolution or other administrative decision, the vote of each member must be entered into the
Board minutes.
5.3. Effective Date of Resolutions
5.3.1. Resolutions and other administrative decisions take effect on the date of approval, or on a later day provided in the resolution.
6. The Municipal Manager
6.1. Office of the Municipal Manager
6.1.1. There is established the office of the Municipal Manager.
6.1.2. The Municipal Manager shall be the administrative head of the Municipality of Isiolo.
6.2. Appointment and Term
6.2.1. The Municipal Manager shall be competitively recruited and appointed by the County Public Service Board.
6.2.2. The Municipal Manager shall be appointed for a period of three years, renewable once for a similar period.
6.3. Qualifications
6.3.1. The Municipal Manager shall:
(a) Be a citizen of Kenya.
(b) Hold a degree from a university recognized in Kenya or its equivalent.
(c) Have served and had proven experience in administration or management either in public or private sector for a term of at least five years.
6.3.2. In appointing the Municipal Manager, the County Public
Service Board shall ensure—
(a) gender equity;
(b) the inclusion of minorities and marginalized communities; and
(c) the person satisfies the requirements of Chapter Six of the
Constitution.
6.4. Functions and Powers of the Municipal Manager
6.4.1. The Municipal Manager shall implement the decisions and functions of the Board of the Municipality and shall be answerable to the Board.
6.4.2. The Municipal Manager shall perform the following functions:
(a) Act on behalf of the Board of the Municipality—
(i) in ensuring the execution of the directives of the Board of the Municipality;
(ii) during all intervals between meetings of the Board of the Municipality;
(b) Keep all the minutes and other records of the Board.
(c) Prepare and present for approval of the Board of the
Municipality, an annual estimate of revenue and expenditure to fund and carry out the programmes and operations of the Board.
(d) Be principally responsible for building and maintain a strong alliance and effective working relationships between the Board of the Municipality and the civil society, private sector and community based organizations.
(e) Cause to be prepared, transmitted to the Board of the
Municipality, and published at an annual report on the activities and accomplishments of the departments and agencies comprising the executive branch of the
Municipality.
(f) Act as an ex-officio member and secretary of the Board and of all committees of the Board of the Municipality;
and
(g) Such other functions as the Board may, by order, confer upon the Municipal Manager.
6.4.3. The Municipal Manager shall be fully responsible for the proper conduct of the executive and administrative work and affairs of the Municipality. The Municipal Manager shall have the power and shall be required to:
(a) Exercise supervision over all departments and agencies of the Municipality and provide for the coordination of their activities.
(b) Enforce the provisions of this Charter, Municipal
Regulations, and all applicable laws.
(c) Exercise powers granted to the Municipal Manager in this
Charter, Regulations and applicable laws concerning the appointment and removal of certain officers, employees, and members of committees of the Board of the
Municipality.
(d) Exercise such other powers as may be prescribed by this
Charter, Regulations and applicable laws.
6.4.4. The Municipal Manager shall:
(a) Attend all Board of the Municipality meetings unless excused by the Chairperson of the Board or the Board of the Municipality.
(b) Make reports and recommendations to the Board of the
Municipality about the needs of the Municipality.
(c) Administer and enforce all Municipality Regulations, resolutions, franchises, leases, contracts, permits, and other Municipality decisions.
(d) With the approval of the Board, supervise and remove
Municipality employees.
(e) Organize Municipality departments and administrative structure.
(f) Prepare and administer the annual Municipality budget.
(g) Administer Municipality utilities and property.
(h) Encourage and support regional and intergovernmental co-operation.
(i) Promote co-operation among the Board of the
Municipality, staff and citizens in developing
Municipality policies and building a sense of community.
(j) Perform other duties as directed by the Board of the
Municipality.
(k) Delegate duties, but remain responsible for acts of all subordinates.
6.4.5. The Municipal Manager shall have no authority over the
Board of the Municipality.
6.4.6. The Municipal Manager shall be entitled to attend meetings of the Board of the Municipality but shall not be entitled to vote.
6.5. Remuneration
6.5.1. The County Public Service Board shall set the compensation and determine the conditions of employment of the Municipal Manager.
THE KENYA GAZETTE 2nd November, 2018
3866 3866
6.6. Removal of the Municipal Manager
6.6.1. Subject to Clause 6.6.2 below, the Municipal Manager may be removed from office by—
(a) the County Governor; or
(b) a resolution of the Board of the Municipality supported by at least two-thirds of the members of the Board of the
Municipality.
6.6.2. The Municipal Manager shall be removed from office if he/she—
(a) is unable to perform the functions of the office by reason of mental or physical infirmity;
(b) is declared or becomes bankrupt or insolvent;
(c) is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more;
(d) resigns in writing to the County Governor;
(e) without reasonable cause, is absent from three consecutive meetings of the Board of the Municipality;
(f) is found guilty of professional misconduct by the relevant professional body;
(g) is disqualified from holding a public office under the
Constitution;
(h) engages in any gross misconduct or gross violation of the
Constitution; or
(i) dies.
6.6.3. Any vacancy arising in the office of the Municipal
Manager may be filled in the manner provided under
Article 6.2 above.
6.7. Acting Municipal Manager
6.7.1. When the Municipal Manager is temporarily disabled from acting as Municipal Manager or when the office of the
Municipal Manager becomes vacant, the County Governor shall appoint a qualified person to be an Acting Municipal
Manager.
6.7.2. The County Governor shall inform the County Public
Service Board of such appointment within seven (7) days.
6.7.3. The Acting Municipal Manager shall have the authority and duties of the Municipal Manager, except that the Acting
Municipal Manager may not appoint or remove employees only with approval of the Board of the Municipality.
6.7.4. An Acting Municipal Manager shall hold office until such a time as a new Municipal Manager shall be appointed by the
County Public Service Board.
7. Municipal Finances and Financial Management
7.1. Sources of the Municipality’s funds and revenue
7.1.1. The Board of the Municipality shall derive its revenue and funds from—
(a) monies allocated by the County Assembly for the purposes of the management and service delivery of the
Board;
(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; and
(c) all monies or grants from any other legitimate source provided or donated to the Board.
7.2. Appointment of the Municipality Accounting Officer
7.2.1. The Municipality Accounting Officer shall be designated by the County Executive Committee Member for Finance in the manner provided under Section 148 of the Public
Finance Management Act.
7.3. Financial Year
7.3.1. The Municipality shall operate on an annual budget.
7.3.2. The financial year of the Board of the Municipality shall be the period of twelve months ending on the thirtieth June in each year.
7.4. Budget
7.4.1. The budget of the Board of the Municipality shall be developed in the manner provided under section 175 of the
Public Finance Management Act.
7.5. Management of Municipality Finances
7.5.1. The Board of the Municipality shall, with the approval of the County Executive Committee member for finance, open and maintain a bank account in the name of the
Municipality.
7.5.2. All monies received by the Board of the Municipality shall be paid into the Municipality’s bank account promptly and in accordance with the Public Finance Management Act.
7.6. Borrowing by the Municipality
7.7. The Board of the Municipality may only borrow from—
(a) from the County Government; or
(b) through the County Government.
7.8. Audit and Oversight Provisions
7.8.1. The audit of the Board of the Municipality shall be as provided under sections 46 and 47 of the Urban Areas and
Cities Act.
7.8.2. The County Assembly shall be entitled to exercise its oversight role over the Municipality and may for this purpose issue summons against any member of the Board, the Municipal Manager or any staff regarding any matter, and the County Assembly can in the summons call for documents, information or material in such manner as is prescribed by the relevant law.
7.8.3. The Board and the Municipal Manager shall be answerable and accountable to the County Executive Committee
Member for the time being in charge of Urban
Development through the authorized Chief Officer in the conduct of the affairs of the Municipality, and in this regard the Municipal Manager shall provide regular updates on all the affairs of the Municipality.
8. Municipality Personnel
8.1. Municipality Personnel
8.1.1. The Board of the Municipality may subject to the approval of the County Executive Committee Member for the time being in charge of Urban Development employ such officers and employees of the Municipality as it deems necessary to execute the powers and duties provided by this
Charter or other any other law.
8.2. Management of Municipal Personnel
8.2.1. Employees of the Municipality shall be under the general guidance, supervision and report to the Municipal Manager.
8.3. Retirement Systems
8.3.1. The officers and staff of Isiolo Municipality shall be covered by the medical, retirement and pension schemes applicable to employees of the County Government of
Isiolo.
8.4. Compensation of Municipal Personnel
8.4.1. The compensation of all employees of the Municipality shall be set by the County Public Service Board upon the advice of the Salaries and Remuneration Commission.
9. Municipality Property
9.1. Acquisition, Possession and Disposal
9.1.1. The Board of the Municipality is a body corporate and may acquire real, personal, or mixed property for any public
2nd November, 2018 THE KENYA GAZETTE purpose by purchase, gift, bequest, devise, lease, or otherwise and may sell, lease, or otherwise dispose of any property belonging to the Municipality with the consent and approval of the Governor.
9.2. Compulsory Acquisition
9.2.1. Whenever the Municipality deems it necessary to acquire private land for its purposes, it shall request the County
Executive Committee Member to request the National Land
Commission to acquire the land on its behalf.
9.2.2. The provisions of the Land Act shall apply to any intended compulsory acquisition by the Municipality of property within the Municipality.
9.3. Municipal Buildings
9.3.1. The Board of the Municipality may acquire, obtain by lease or rent, purchase, construct, operate, and maintain all buildings and structures it deems necessary for the operation of the Municipality with the approval of the
Governor.
9.4. Protection of Municipality Property
9.4.1. The Board of the Municipality may do whatever may be necessary to protect municipal property and to keep all municipal property in good condition.
10. General Provisions
10.1. Oath of Office
10.1.1. Before entering upon the duties of their offices, the
Municipal Manager, the Chairperson and Vice-Chairperson and the members of the Board, and all other persons elected or appointed to any office of profit or trust in the
Municipality, as determined by Board, shall take and subscribe to the following oath or affirmation:
“I, […], being called on to exercise the functions of [Municipal
Manager/Chairperson, etc.] of the Municipality of Isiolo, do swear/solemnly affirm that that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold this Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Isiolo, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairperson, etc.] of the
Municipality of Isiolo or otherwise under the law. So help me God.”
10.1.2. The Municipal Manager and Board Members shall take and subscribe to this oath or affirmation before the County
Governor. All other persons taking and subscribing to the oath shall do so before the Municipal Manager.
10.2. Amendments to the Charter
10.2.1. The County Governor may at any time, after consultation with the Board of the Municipality, amend any provision of this Charter.
10.2.2. The County Governor shall cause a copy of the Amended
Charter to be laid before the County Assembly within thirty
(30) days of its amendment for approval.
10.3. Separability
10.3.1. If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under
Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
11. Transitional Provisions
11.1. Effective Date of Charter
11.1.1. The provisions of this Charter shall be in effect from the date of the grant of the Charter by the Governor.
11.2. Rights and Privileges Preserved
11.2.1. Nothing in the Charter except as otherwise specifically provided shall effect or impair the rights or privileges of persons who are County Officials, Officers or Employees at the time of its adoption.
11.3. Departments
11.3.1. All County Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect at the time this Charter becomes effective until changed by the Municipal Manager with the approval of the Board of the Municipality.
NOW therefore, in exercise of the powers conferred by section 9
(4) of the Urban Areas and Cities Act, as complemented by section 72 of the Interpretations and General Provisions Act (Chapter 2) and all other enabling provisions of law, the Governor of the County
Government of Isiolo grants the Municipality of Isiolo this Municipal
Charter on this 2nd day of July, 2018
MOHAMED ABDI KUTI, MR/5342202 Governor, County Government of Isiolo.
GAZETTE NO. 11315
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
THE TAITA TAVETA COUNTY ASSEMBLY STANDING
ORDERS
SPECIAL SITTING OF THE COUNTY ASSEMBLY
PURSUANT to Standing Order No. 27(1)-(4) of the Taita Taveta
County Assembly Standing Orders it is notified for the information of
Members of the County Assembly of Taita Taveta and the general
Public that there shall be a special sitting of the County Assembly to be held on Monday, 5th November, 2018 at the County Assembly
Chamber, Wundanyi at 9:30 a.m. for the Morning Session and 2.00 p.m. for the afternoon session
The business to be transacted shall be—
(a) Tabling of the report on the vetting of the seven (7) County
Chief Officers and the motion on their approval.
Dated the 30th October, 2018.
MESHACK M. MAGANGA, MR/5555475 Speaker, County Assembly of Taita Taveta.
GAZETTE NO. 11316
COUNTY GOVERNMENT OF NYAMIRA
DEPARTMENT OF HEALTH SERVICES
APPROVED INSTITUTIONS
IN EXERCISE of the powers conferred by Schedule 4, part 2 of the Constitution of Kenya 2010, the County Executive Committee
Member for Health Services County Government of Nyamira declares the institutions in the attached list to be approved health facilities as categorized.
County Sub-County Name of Institution
Nyamira Nyamira Ramba Health Centre
Nyamira Kenyenya Health Centre
Nyamira Motagara Health Centre
Nyamira Nyamwetureko Dispensary
Nyamira Nyakeore dispensary
Nyamira North Kiomara Dispensary
Nyamira North Kemunchugu Dispensary
Nyamira North Rianyambweke Dispensary
Nyamira North Nyabweri Dispensary
Nyamira North Kiamanyomba Dispensary
Nyamira North Sere Dispensary
Borabu Nyaronde Dispensary
Borabu Riontonyi Dispensary
THE KENYA GAZETTE 2nd November, 2018
3868 3868
County Sub-County Name of Institution
Borabu Nyagacho Dispensary
Masaba North Emenyenche Dispensary
Masaba North Nyangori Dispensary
Masaba North Nyaiguta Dispensary
Masaba North Riamoni Dispensary
Masaba North Kambini Dispensary
Manga Sirate dispensary
Manga Amaiga Health Centre
Manga Kianungu Health Centre
Manga Nyakegogi Health Centre
Nyamira Beyond Zero Mobile Health Centre
DOUGLAS BOSIRE, Executive Committee Member, MR/5342295 Department of Health Services.
GAZETTE NO. 11317
COUNTY GOVERNMENT OF KAKAMEGA
THE KAKAMEGA COUNTY GENERAL TEACHING AND
REFERAL HOSPITAL ACT, 2017
APPOINTMENT
IN EXERCISE of powers conferred by section 6 of the Kakamega
County General Teaching and Referral Hospital Act, 2017 the
Executive Committee Member for Health Services appoints—
JAMES NGAIRA to be a member of the Board of the Kakamega County General
Teaching and Referral Hospital, for a period of three years , with effect from the 1st January, 2018.
Dated the 19th October, 2018.
RACHEL OKUMU, MR/5342440 C.E.C Member for Health Services.
GAZETTE NO. 11318
THE CROPS ACT
PROPOSED GRANT OF LICENCES
NOTICE is given that pursuant to Section 20 (6), (7) and (8) of the
Crops Act, the Agriculture and Food Authority proposes to grant licences to the following applicants;
Name of Applicant Purpose of Licence Location
Taste of Kenya
Coffee Limited
Coffee exports, imports and value addition
/roasting and packaging
Jem Park Complex
Mlolongo, Mombasa
Road, Nairobi
Kurwitu Ventures
Limited
Coffee exports, imports and value addition/roasting and packaging
Woodlands Office
Park
Hurlingham Area, Nairobi
Ukutonye
Enterprises Limited
Coffee exports, imports and value addition/roasting and packaging
Plot No. 2019/1234
Industrial area, Nairobi
Ikawa Coffee
Limited
Coffee exports, imports and value addition/roasting and packaging
L.R No. 3991
Eastern By-Pass
Nairobi
Timothy Mungai
Murega
AB.0104B -
TIMSKA
Direct sales of coffee and value addition/roasting and packaging
P.O Box 78106–
00507, Thika
Patrick K.
Wangamati
Wangamati Estate
DB.065
Direct sales of coffee and value addition/roasting and packaging
Khachonge location
Bungoma
Any objections to the proposed grant of licence with respect to the applicants, should be lodged in writing with the Agriculture and Food
Authority–Coffee Directorate, Coffee Plaza Building, along the
Exchange lane, Off Haile Selassie Avenue and of P. O. Box 30566-
0100, Nairobi within fourteen days (14) from the date of this notice.
The objection should state clearly the name, address and telephone No of the person/s or entity objecting, the reasons for the objection to the grant of the license and should be signed by the objector.
The Agriculture and Food Authority proposes to issue the licence to the applicants who will have complied with the Crops Act of 2013, the Coffee (General) Regulations, 2002 and the Coffee (General)
(Amendment) Rules, 2006 and any other relevant written law on 26th
November, 2018.
Dated the 19th October, 2018.
ANTHONY MURIITHI, Interim Director-General, MR/5555368 Agriculture and Food Authority.
GAZETTE NO. 11319
THE COMPANIES ACT
DISSOLUTION
PURSUANT to section 991 (3) of the Companies Act, it is notified for general information that the under-mentioned company is dissolved.
Number Name of Company
FC-4PETGB Bestbase Investments Limited
Dated the 29th October, 2018.
ALICE MWENDWA, for Registrar of Companies.
GAZETTE NO. 11320
THE CO-OPERATIVE SOCIETIES ACT
(Cap. 490)
CANCELLATION ORDER
WHEREAS I am of the opinion that Kirinyaga Coffee Mills Co- operative Society Limited, (CS/15150) should be dissolved pursuant to section 62 (1) (a), (b) and (c) of the said Act, based on the Society having less than the prescribed number of members, failing to file returns to the Commissioner for a period of three (3) years, thereby failing to achieve its objects, I cancel the registration of the said
Society with immediate effect.
Any member of the Society may within thirty (30) days of this order appeal to the Cabinet Secretary responsible for Co-operatives against the order.
MARY N. MUNGAI, MR/5555006 Commissioner for Co-operative Development.
GAZETTE NO. 11321
THE INSOLVENCY ACT
IN THE MATTER OF PODO PARK LIMITED
(“the Company”)
COMPANY NUMBER: C.85023
MEMBERS VOLUNTARY LIQUIDATION
NOTICE is given that at an extraordinary meeting held on 22nd
October, 2018 of the members of the Company, a special resolution was passed that the company be wound up voluntarily and an ordinary resolution to appoint Kereto Marima, of P.O. Box 1796–00606, Nairobi, to be the liquidator for the purpose of such winding up.
Dated the 22nd October, 2018.
A. D. GREGORY, MR/5342418 Director.
*
Dated the 2nd November, 2018.
M. S. MANYARKIY,
Land Registrar, Taita/Taveta District.
Extracted Entities (18)
case_number
250 of 2015
495 of 2016
212 of 2009
5 of 2005
363 of 2006
450 of 2014
695 of 2015
341 of
2016
39 of 2016
previous_gazette_ref
11050 of 2018
person
JAMES NGAIRA
Hitesh Mulji Shah
Anuj Mulji Shah
Colin Edward Church
Shida Abdulrahman Mohamed
Ali Abdulrahman Mwenza
Wanjiku Gacoki Njagi
Janet Alwala Ochido
Details
- Act / Legislation
- THE LAND REGISTRATION ACT
- Reference
- No. 3 of 2012
- Section
- section 33 (5)
- Signed By
- M. S. MANYARKIY
- Title
- Land Registrar, Taita/Taveta District
- Date Signed
- 2nd November 2018
- Page
- 11
- Extraction Method
- regex
Source Gazette
Vol. CXX No. 134
Published 11th September 2018