GAZETTE NOTICE NO. 1498

WHEREAS (a) 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. 478 THE KENYA GAZETTE. 15th February, 2019. (b) 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. (c) Parliament, enacted the Urban Areas and Cities Act in the year 2011 which legislation had an effective date falling after the first elections held under the Constitution of Kenya, 2010. (d) Section 9 of the Urban Areas and Cities Act empowers the County Governor, on the resolution of the County Assembly, to confer on a qualifying town, the status of a Municipality by grant of a Charter in the prescnbed form. (e) The Urban Areas and Cities Act does not have the prescribed form of a Municipal Charter. (f) 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. (g) 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. (h) The County Assembly of Machakos duly approved the request by the Machakos County Executive Committee for grant of this Charter to the now Municipality of Kangundo Tala. NOW therefore in exercise of the powers conferred by section 9 (1) of the Urban Areas and Cities Act, 2011 as complemented by section 72 of the Interpretations and General Provisions Act (Chapter 2) and all other enabling provisions of law, the County Governor of Machakos County grants the Municipality of Kangundo-Tala this Municipal Charter. Dated the 27th June, 2018. ALFRED NGANGA MUTUA, Governor, Macho.kos County. 1. INCORPORATION, NAME AND BOUNDARIES 1.1 INCORPORATION AND NAME I.I.I. This Charter is the Municipal Charter of the Municipality of Kangundo-Tala, within Machakos County, Kenya. 1.1.2. 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. 1.1.3 The municipality shall be an entity of the Government of Machakos County and shall be through the relevant line department. 1.2 BOUNDARIES The boundaries of the Municipality of Kangundo-Tala as now existing shall consist of the following wards: Matungulu East, Matungulu West, Matungulu North, Kyeleni, Tala, .Kangundo North, Kangundo East, Kangundo West, and Kangundo Central; or as may subsequently be altered shall be the boundaries of the Municipality of Kangundo-Tala. 2. OBJECTS AND FUNCTIONS OF THE MUNICIPALITY 2.1 OBJECTS OF THE MUNICIPALITY 2.1.2 The objects of the Municipality of Kangundo-Tala are to: Oversee for efficient and accountable management of the affairs of the Municipality; 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. Ensure accountability and transparency in public expenditure and Enjoy efficiency in service delivery. To institute 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; Provide a high standard of social services in a cost effective manner to the inhabitants of the Municipality; 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; U) Providing for services, , laws and other matters for Municipality's benefit and; (g) Fostering the economic, social and environmental well-being of its community. 2.2 FUNCTIONS OF THE MUNICIPALITY 2.2.1 The Municipality of Kangundo-Tala shall, within the boundaries of the Municipality, perform the following functions: Promotion, regulation and provisiofi of refuse collection and solid waste management services; Maintenance of urban roads and associated infrastructure; Maintenance of storm drainage and flood controls; Maintenance of walkways and other non-motorized transport infrastructure; Maintenance of green spaces; (fi Maintenance of street lighting; ' Maintenance and regulation of municipal markets and abattoirs; Maintenance, of fire stations; provision of fire-fighting services, Emergency preparedness and disaster management; Malntenance of administrative offices; and Any other functions as may be delegated by the County Executive Committee member in charge of ' Urban Development. - 3. THE BOARD OF THE MUNICIPALITY 3.1 ESTABLISHMENT OF THE BOARD 3.1.1. The management of the Municipality of Kangundo-Tala shall be vested in the Government of Machakos County and administered on behalf by a board. 3.1.2. There sha,ll be a Board of the Municipality of Kangundo-Tala to be known as the Kangundo-Tala Municipality Board. 3.13. The Board of the Municipality as an entity of Government of Machakos County shall be a corporate body with perpetual succession and a common seal and shall in its own corporate name be capable of: Suing and being sued; Taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Borrowing money or making investments within the limits imposed by law; Entering into contracts and 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. 3.1.4. There shall be a principal and agency relationship between the Board of the Municipality and the Government of Machakos County. The County government shall be the principal and the board, the agent. 3.1.5. The board shall be answerable to the Governor through the County Executive Committee' Member in charge of Urban Development. 15th February, 2019 THE KENYA GAZETTE 479 3.2 POWERS AND FUNCTIONS OF THE BOARD OF THE MUNICIPALITY 3.2.1. Except as otherwise provided for by the Constitution and other laws, all powers of the Municipality shall be vested in the Board of the Municipality as guided by the relevant County department. 3.2.2. Subject to the above provisions, the Board of the Municipality shall, within the boundaries of the Municipality of Kangundo-Tala- executive functions as delegated by the County Executive Committee under the supervision of the relevant County ExecutiMe Committee Member in charge of Urban Development; ensure provision of services to its residents; promote constitutional values and principles; ensure the implementation and compliance with policies formulated by both the National and County Government; initiate consultations for enactment of by-laws and other relevant regulatory frameworks; undertake other projects as may be instructed by the County Executive Committee Member in charge of Urban Development under the direction of the County Executive Committee and ensure participation of the residents in decision making, its activities and programmes. 3.2.3. The Board of the Municipality shall perform the following functions:. oversee the affairs of the Municipality; develop or adopt policies, plans, strategies and programmes and set targets for service delivery; implement an integrated development plan; maintaining a comprehensive database and information system of the administration; administering and regulating its internal affairs; implementing applicable National and County policies and legislation; monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the Board of the Municipality; preparing and submitting its annual budget estimates to the County Treasury through the relevant line department for -consideration and submission to the County Assembly for approval as part of the annual County Appropriation Bill; monitoring the impact and effectiveness of any services, policies, programs or plans; establishing, implementing and monitoring performance management systems; promoting a safe and healthy environment; and (1) performing such other functions as delegated by the County Executive Committee. 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 recommended by the County Exçcutive Committee Member in charge of Urban Development for nomination by the Governor and approved by the County Assembly. 3.33. Five (5) members of the Board shall be recommended by the County Executive Committee Member in charge of Urban Development under the following umbrella bodies- (a) an umbrella body representing professional associations in the area; an association representing the private sector in the area; a cluster representing registered associations of the informal sector in the area; a cluster representing registered neighbourhood associations in the area; and an association of the Municipality and appointed by the County Executive Committee with the approval of the County Assembly. and nomination by the Governor and approved by the County Assembly. 3.3.4. The folloiing in their alternate shall be ex-officio members of the board- the Chief Officer in charge of Urban Development; the Chief Officer in charge of Trade; the Chief Officer in charge of Public Works; the Chief Officer in charge of Finance; and - the Chief Officer in charge of Decentralized Units and County Administration. 3.3.5. In appointing members of the Board of the Municipality, the County Executive Committee shall ensure gender equity, representation of persons with disability, youth and marginalised groups. 3.3.6. 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- be a Kenyan citizen; - be ordinarily resident or have a permanent dwelling in the Municipality for a reasonable period of time; - minimum education of a diploma or a demonstrable track record in public affairs; and satisfy Chapter 6 of the Constitution of Kenya.. 35 CHAIRPERSON OF THE BOARD 35.1. 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: The Chairperson shall be the head of the Board of the Municipality; Chairing the meetings of the Board of the Municipality; and 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. 480 THE KENYAGAZETTE 15th February, 2019 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) A majority decision of the members of Board of the Municipality at a duly convened meeting whert quorwi is present. 3.8.2. The procedure for the removal of a Chairpem * Vice- Chairperson of the Board of the Municipality under 3.8.1 sInve' be provided by Regulations under the Urban Areas and Cilis 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 Chairpeon or the - Vice-Chairperson of Board of the Municipality may be filled in the manner provided under Article 3.5 and 3.7 respectively. 3.9 SECRETARY OF THE BOARD OF THE MUNICIPALITY 3.9.1. The Municipal Manager shall be secretary of the Board of the - Municipality. 3.9.2. Where the Secretary of the Board of the Municipality is absent from any meeting, the members of the Board of the Municipality shall appoint a Secretary of the Board from amongst themselves for purposes of that meeting. 3.10 COMMITTEES OF THE BOARD OF THE MUNICIPALITY 3.10.1. The Board of the Municipality may- 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; delegate to such Committee such functions as are necessary for the efficient performance of its duties in respeôt to the whole or any part of the area under the jurisdiction of the Board of th Municipality; and include persons who are not members of the Board in any Committee. 3.10.2. 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. 3.11 REMUNERATION OF THE MEMBERS OF THE BOARD OF THE MUMCIPALITY 3.11.1. The Board of the Municipality may be considerec1ta retainer depending on the workload in consideration of prudence. 3.11.2. Members of the Board of the Municipality shall be eligible to such allowances as the County Executive Committee thall determine, - in line with the Salaries and Remuneration Comini&ion.guk4ine3..' .. 3.12 REMOVAL OF MEMBERS OF THE BOAJJF MUNICIPALITY 3.12.1. A member of the Board of the Municipality hold office if the member: • 1 is unable to perform the functions of the offscøb'reas(,It of mental or physical infinnity; is declared or becomes bankrupt or insolvent; is convicted of a criminal offence and sentenced to a tents of imprisonment of six months or more; resigns in writing to the County Govemor; without reasonable cause, the member is absent from three consecutive meetings of the Board or Committee of the Board of the Municipality within one financial year; is found guilty of professional misconduct by tJrelevan professional body; 44 ;Z4 i. (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 tnisconduct; or dies. A member of the Board of the Municipality may be iioved from office by the appointing auihority under the following (a.) is found guilty of professional misconduct by the relevant ptofessional body; is disqualified from holding a public office under the Constitution; engages in any cross misconduct; or fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees; and Provided nothing prevents the Governor from instituting changes to the board in public interest. 3.12.3. The procedure for the removal by petition of a member of the Board of the Municipality under 3.12.2 above shall be provided by Regulation under the Urban Areas and Cities Act. 3.12.4. The regulations shall ensure fairness, due process and justice is served on the party to avoid unnecessary wit hunt. 3.12.5. 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. 3.12.6. Provided where the removal has actioned vacancy affecting quorum, the Govemor may appoint qualified board members on acting capacities to ensure smooth running of the Municipality Board pending competitive recruitment. 3.13 MEETINGS OF THE BOARD OF THE MUNICIPALITY 3.13.1. The Board of the Municipality shall hold its sittings to transact the business of the Board once every three months. 3.1.2. Notwithstanding Article 3.13.1, 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 transact any Urgent business of the Board of the Municipality. 11 3.14 QUORUM 314.l.The quorum shall be the Chairperson/Vice-chairperson and tOe other members. 3.142. A-member of the Board of the Municipality who is interested in any dicussions or decision-making regarding any subject or 1sact5n wider consideration by the Board of the Municipality, shall be counted as participating in the discussions or decision d is not entitled to vote on or agree to the subject or -iireiating to it. 35*111S OFTHE BOARD MEETINGS '345.111ië- oar-d of the Municipality shall by resolution adopt rules 40 govena its meetings. • 3.16 R.ORD OF INFORMATION OF THE BOARD 3.16.. The minutes and other information of the Board of the Mimicipality shall be ept by the Secretary of the Board of the Mt*icipalüy. 3J&2. Access to information on the activities and resolutions of the Board of the Municipality shall be as provided underthe Urban Areas and Cities Act. 3.17 CITIZEN PARTICIPATION 3.17.1. The Board of the Municipality shall ensure the development Of 11cl1aat$n1s for the participation of the residents of the Municipality . : 15th February, 2019 THEI(ENYA GAZETTE 481 of Kangundo-Tala in the management and administration of the Municipality. 3.17.2. All recommendations from the citizen participation of the Municipality of Kangundo-Tala shall be forwarded to the Board of the Municipality for consideration. 3.17.3. All recommendations on issues raised in the citizen participation and addressed by the Board of the Municipality shall be forwarded to the Municipal Manager for implementation. BY-LAWS 4.1 BY-LAWS 4.1.1. The procedure for the enactment of Municipal by-laws shall be as provided for Article 185 of the Constitution of Kenya, County Government Act and other relevant laws, and Legislative practices and traditions applicable in Kenya. 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. Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the BoarcL adoft the resolution at that meeting. 5.2.3. After approval of a resolution or other administrative devision, 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 effecv'on the date of approval, or on a later day provided in the resolution. .. 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 administratiw huati octie' Municipality of Kangundo-Tala 6.2 APPOINTMENT AND TERM 6.2.1 The Municipal Manager shall be competitively recruited by th. -' County Public Service Board and appointed by the Governor. 6.2.2. The Municipal Manager shall be an employee of the Cott.y Public Service Board and will be liable to all the regulations governing employees of Machakos County Public Service Board. 6.3 QUALIFICATIONS 6.3.1. The Municipal Manager shall: Be a citizen of Kenya; Hold a bachelor's degree from a university recognized in - Kenya or its equivalent; and Have served and has proven experience in administration or management either in public or private sector. 6.3.2. In appointing the Municipal Manager, the County Public Service Board shall ensure: gender equity; the inclusion of minorities and marginalised communities; and satisfies the requirements of Chapter six of the Constitution of Kenya. 6.3.3 The Municipal Manager need not reside within the Municipality. 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 and the County Executive Committee Member responsible for Urban Development. 6.4.2 The Municipal Manager shall perform the following functions: (a) Act on behalf of the Board of the Municipality: In ensuring the execution of the directives of Board of the Municipality; and During all intervals between meetings of the Board of the Municipality. (b) 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; (c) Be principally responsible for building and maintain a strong alliance and effective working relationships betweeii the Board of the Municipality and the civil society, private sector and community based organizations; (d) Cause to be prepared, transmitted to the Board of the Municipality, and distributed to the public at least an annual report on the activities and accomplishments of the deartments and agencies comprising the executive branch of the Municipality; (e) Act as a secretary of all committees of the Board of the Municipality; CU - Such other functions as the Board may, by order, confer - upon the Municipal Manager; and (g) Any other functions as may be delegated by the County Executive Committee member in charge of Urban Development. 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: Exercise supervision over all departments and agencies of the Municipality and provide for the coordination of their activities; Enforce the provisions of this Charter, Municipal By-laws, and all applicable laws; (c- "Exercise powers granted to the Municipal Manager in this Charter, By-laws and applicable laws concerning the .2ppointment and removal of certain officers, employees, an.4 members of committees of the Board of the Municipality; and (dJ Exercise such other powers as may be prescribed by this Charter, by-laws and applicable laws. 6.4.4 The Municipal Manager must: Attend all Board of the Municipality meetings unless excused by the Chairpdrson of. the Board or the Board of the Municipality; Make reports and recommendations to the Board of the Municipality about the needs of the Municipality; ,Administer and enforce all Municipality By-laws, resolutions, contracts , and other Municipality decisions; With the approval of the board and County Public Service Board appoint, supervise and remove Municipality employees: Prepare monthly reports to the relevant Chief Officers of the affairs of the board and the municipality; Organize Municipality departments and administrative structure; Prepare and administer the annual Municipality budget; Administer Municipality utilities and property; Encourage and support regional and intergovernmental co- operation; Promote cooperation among the Board of the Municipality, staff and citiens in developing Municipality policies and building a sense of community; Perform other duties as directed by the Board of the Municipality; (1) 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. 6.6 MUNICIPAL MANAGER]TEMPORARY VACANCY 6.6.1. When the Municipal Manager is temporarily disabled from acting as Municipal Manager or when the office of the Municipal Manager becomes vacant, the Governor shall appoint a qualified person to be an Acting Municipal Manager. 6.6.2. The Governor shall inform the County Public Service Board of such appointment. 6.6.3. The Acting Municipal Manager shall have the authority and duties of the Municipal Manager, except that the Acting Municipal Manager may appoint or remove employees only with approval of the Board of the Municipality and the County, Public Service Board. 6.6.4. An Acting Municipal Manager shall hold office until such a time as a new Municipal Manager shall be appointed by the Governor. 7. MUNICIPAL FINANCES AND FINANCIAL MANAGEMENT 7.1 SOURCES OF THE MUNICIPALITY'S FUNDS AND REVENUE 7.7.1, The Board of the Municipality shall derive its revenue and funds from: monies appropriated by the County Assembly for the purposes of the management and service delivery of the Board; monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions; 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 ExecutiveConunittee Member for Finance in the manner provided under Section 148 of the Public Finance Management Act. 7.2.2. The Municipality Manager shall be designated by the Accounting Officer in charge of Urban Development as the A.I.E holder for the Municipality. 7.3 FUNCTIONS AND P.OWERS OF THE MUNICIPALITY ACCOUNTING OFFICER 7.3.1. The Municipality Accounting Officer shall have all the powers and perform all the functions of accounting officers as provided under the Public Finance Management Act. 7.3.2. Without prejudice to the foregoing, the Municipality Accounting Officer shall be responsible for managing the finances of the Municipality. 7.4 FINANCIAL YEAR 7.4.1. The Municipality shall operate on an annual budget. 7.4.2. The financial year of the Board of the Municipality shall be the period of twelve months ending on the thirtieth (30th) June in each year. 7.5 BUDGET 75.1. The budget of the Board of the Municipality shall be developed in the manner provided under Section 175 of the Public Finance Management Act. 7.6 MANAGEMENT OF MUNICIPALITY FINANCES 7.6.1. The Board of the Municipality shall, with the approval of the County Executive Committeç Member for Finance, open and maintain a bank account in the name of the Municipality and subject to the applicable laws and procedures. 7.6.2. All monies received by the Board of theMunicipality shall be paid into the Municipality's bank account promptly and in accordance with the Public Finance Management Act. 7.7 BORROWING BY THE MUNICIPALITY 7.7.1. Subject to the Constitution of Kenya and Public Finance Management Act, the Board of the Municipality may only borrow: from the County Government; through the County Government; and by way of a bank overdraft. 7.8 AUDIT 7.8.1. The audit of the Board of the Municipality shall be as provided under Section 46 and 47 of the Urban Areas and Cities Act. 8. MUNICIPALITY PERSONNEL 8.1 MUNICIPALITY PERSONNEL 8.1.1. The Board of the Municipality may subject to the approval by the County Public Service Board, employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or any other law. 8:1.2. The County Executive 'Committee Member in charge of Public .Service may in consultation with the Board of the Municipality, second officers to the Municipality. 8.2 MANAGEMENT OF MUNICIPAL PERSONNEL 8.2.1. The officers of Municipality of Kangundo-Tala shall be covered by the medical, retirement and pension schemes applicable to employees of the Government of Machakos County. 8:3 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. 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 purpose by purchase, gift, bequest, devise, lease, or otherwise and may sell, lease, or otherwise dispose-off any property belonging to the Municipality with the consent and approval of the Governor. 9.1.2. All town property and funds of every kind belonging to or in the possession of the town (by whatever prior name known) at the time this Charter becomes effective are vested in the Municipality, subject to the terms and conditions thereof. 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. 15th February, 2019 THE KENYA GAZETTE 483 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. 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: take and subscribe to the following oath or affirmation: "I, [ ... ], being called on to exercise the functions of Municipal Manager/Chairperson! Board Member of the Municipality of Kangundo - Tala, do swear/solemnly affirm that that! will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold the Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Machakos', 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! Board Member of the Municipality of Kangundo - Tala or otherwise under the law. (In the case of an oath— So help me God)." 10.1.2. The Municipal Manager shall take and subscribe to this oath or affirmation before the County Governor or before one of the sworn deputies. All other persons taking and subscribing to the oath shall do so before theMunicipal Manager. 10.2 AMENDMENTS TO THE CHARTER 10.2.1. The County Governor may at any time amend any provision of this Charter. - 10.2.3. The County Governor shall cause a copy of the amended Charter to be laid before the County Assembly within 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. 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 Town Officials, Officers or Employees at the time of its adoption. 11.3 DEPARTMENTS 11.3.1. All Town 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. MR15818570 GAZETrE NOTICE No. 1499 THE CONSTITUTION OF KFNYA THE URBAN AREAS AND CITIES ACT (No. 13of2011) MAVOKO MUNICIPALITY MUNICIPAL CHARTER PREAMBLE WHEREAS (a) Article 2 of the Constitution provides that the Constitution is the supreme law of the Republic of Kenya and binds all personsand all State organs at both levels of govçrnment. (b) 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 goYernance 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. (c) Parliament enacted the Urban Areas and Cities Act in the year 2011 which legislation had an effective date falling after the first elections held under the Constitution of Kenya, 2010. (d) Section 9 of the Urban Areas and Cities Act empowers the County Governor, on the resolution of the County Assembly, to confer on a qualifying town, the status of a Municipality by grant of a Charter in the prescribed form. (e) The Urban Areas and Cities Act does not have the prescribed form of a Municipal Charter. (f) 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. (g) 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. (h) The County Assembly of Machakos duly approved the request by the Machakos County Executive Committee for grant of this Charter to the now Municipality Of Mqvoko. NOW therefore in exercise of the powers conferred by section 9 (1) of the Urban Areas and Cities Act, 2011 as complemented by section 72 of the Interpretations and General Provisions Act (Chapter 2) and all other enabling provisions of law, the County Governor of Machakos County grants the Municipality of Mavoko this Municipal Charter. Dated the 27th June, 2018 ALFRED NGANGA MUTUA, Governor, Machakos County. INCORPORATION, NAME AND BOUNDARIES 1.1 INCORPORATION AND NAME I.I.I. This Charter is the Municipal Charter of the Municipality of Mavoko, within Machakos County, Kenya. 1.1.2. 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. 1.1.3 The municipality shall be an entity of the Government of Machakos County and shall be through the relevant line department. 1.2 BOUNDARIES The boundaries of the Municipality of Mavoko as now existing shall consist of the following wards: Syokimau Mlolongo, Athi River, Muthwani, Kinanle and Mua; or as may subsequently be altered shall be the boundaries of the Municipality of Mavoko. OBJECTS AND FUNCTIONS OF THE MUNICIPALITY 2.1 OBJECTS OF THE MUNICIPALITY 2.1.2 The objects of the Municipality of Mavoko are to: Oversee for efficient and accountable management of the affairs of the Municipality; 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 nd expectations. Ensure accountability and transparency in public expenditure, and. Enjoy efficiency in service delivery. (c) To institute measures as are necessary for achieving public order and the provisions of cic'ic amenities, so as to enhance the quality of life of the inhabitants of the Municipality; S Provide a high standard of social services in a cost effective manner to the inhabitaiits of the Municipality; 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; Providing for services, laws and other matters for Municipality's benefit; and Fostering the economic, social and environmental well- being of its community. 2.2 FUNCTIONS OF THE MUNICIPALITY 2.2.1 The Municipality of Mavoko shall, within the boundaries of the Municipality, perform the following functions: - (a) Promotion, regulation and provision of refuse collection and solid waste management services; Maintenance of urban roads and associated infrastructure; Maintenance of storm drainage and flood controls; Maintenance of walkways and other non-motorized transport infrastructure; Maintenance of green spaces; Maintenance of street lighting; Maintenance and regulation of municipal markets and abattoirs; - Maintenance of fire stations; provision of fire-fighting services, Emergency preparedness and disaster management; Maintenance of administrative offices; and Any other functions as may be delegated by the County Executive Committee member in charge of Urban Development. 3. THE BOARD OF THE MUNICIPALITY 3.1 ESTABLISHMENT OF THE BOARD 3.1.1.. The management of the Municipality of Mavoko shall be vested in the Government of Machakos County and administered on behalf by a board. 3.1.2. There shall be a Board of the Municipality of Mavoko to be known as the Mavoko Municipality Board. 3.1.3. The Board of the Municipality as an entity of Government of Machakos County shall be a corporate body with perpetual succession and a common seal and shall in its own corporate name be capable of: Suing and being sued; Taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Bsrrowing money or making investments within the limits imposed by law; Entering into contracts; and 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. 3.1.4. There shall be a principal and agency relationship between the Board of the Municipality and the Government of Machakos County. The County government shall be the principal and the board, the agent. 3.1.5. The board shall be answerable to the Governor through the County Executive Committee Member in charge of Urban Development. 3.2 POWERS AND FUNCTIONS OF THE BOARD OF THE MUNICIPALITY. 3.2.1. Except as otherwise provided for by the Constitution and other laws, all powers of the Municipality shall be vested in the Board of the Municipality as guided by the relevant County department. 3.2.2. Subject to the above provisions, the Board of the Municipality shall, within the boundaries of the Municipality of Mavoko: (a) executive functions as delegated by the County Executive Committee under the supervision of the relevant County Executive Committee Member in charge of Urban Development. (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) initiate consultations for enactment of By-laws in other relevant regulatory frameworks; (f) undertake other projects as may be instructed by the County Executive Committee Member in charge of Urban Development under the direction of the County Executive• Committee; and (g) ensure participation of the residents in decision making, its activities and programmes. 3.2.3. The Board of the Municipality shall perform the following functions: oversee the affairs of the Municipality; develop or adopt policies, plans, strategies and programmes and set targets for service delivery; implement an integrated development plan; maintaining a comprehensive database and information system of the administration; administering and regulating its internal affairs; (/9 implementing applicable National and County policies and legislation; (g) monitoring and, where appropriate, rgu1ating municipal services where those services are provided by service providers other than the Board of the Municipality; (h) preparing and submitting its annual budget estimates to the County Treasury through the relevant line department for cOnsideration and spbmission to the County Assembly for approval as part of the annual County Appropriation Bill; (i) monitoring the impact and effectiveness of any services, policies, programs or plans; (j) establishing, implementing and monitoring performance management systems; (k) promoting a safe and healthy environment; (1) performing such other functions as delegated by the County Executive Committee Member. 3.3 COMPOSITION AND TERM OF THE BOARD OF THE MUMCIPALITY 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 recommended by the County Executive Committee Member in charge of Urban Development for nomination by the Governor and approved by the County Assembly. 3.3.3. Five (5) members of the Board shall be recommended by the County Executive Committee Member in charge of Urban Development under the following umbrella bodies- (a) an umbrella body representing professional associatiQns in the area; 15th February, 2019 THE KENYA GAZEUE an association representing the private sector in the area; a cluster representing registered associations of the informal sector in the area; a cluster representing registered neighbourhood associations in the area; and an association of the Municipality and appointed by the County Executive Committee with the approval of the County Assembly. and nominated by the Governor and approved by the County Assembly. 33.4. The following in their alternate shall be ex-officio members of the board: the Chief Officer in charge of Urban Development; the Chief Officer in charge of Trade; the Chief Officer in charge of Public Works; the Chief Officer in charge of Finance; and the Chief Officer in charge of Decentralized Units and County Administration 33.5. In appointing members of the Board of the Municipality, the County Executive Committee shall ensure gender equity, representation of persons with disability, youth and marginalised groups. 3.3.6. 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: be a Kenyan citizen; be ordinarily resident or have a permanent dwelling in the Municipality for a reasonable period of time; minimum education of a diploma or a demonstrable track record in public affairs; and satisfy Chapter 6 of the Constitution of Kenya. 35 CHAIRPERSON OF THE BOARD 33.1. 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 P0 WERS AND FUNCTIONS OF THE CHAIRPERSON 3.6.1. The Chailperson of the Board of the Municipality shall have the following powers and shall perform the functions set out below: The Chairperson shall be the head of the Board of the Municipality; Chairing the meetings of the Board of the Muiiicipality; and Perform such other duties as may be delegated by the Boa(d'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) A majority decision of the members of Board of the Municipality at a duly convened meeting where quorum is present. 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 35 and 3.7 respectively. 3.9 SECRETARY OF THE BOARD OF THE MUNICIPALITY 3.9.1. The Municipal Manager shall be secretary of the Board of the Municipality. 3.9.2. Where the Secretary of the Board of the Municipality is absent from any meeting, the members of the Board of the Municipality shall appoint a Secretary of the Board fromamongst themselves for purposes of that meeting. -- 3.10 COMMITTEES OF THE BOARD OF THE MJNICIPALITY 3.10.1.The Board of the Municipality may- 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; 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 include persons who are not members of the Board in any Committee. I 3.10.2. The COmmittees of the Board of the Municipality to which members of the Board of the Municipality delegateany 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. 3.11 REMUNERATION OF THE MEMBERS OF THE BOARD OF THE MUNICIPALITY 3.11.1. The Board of the Municipality may be considered for a retainer depending on the workload in consideration of prudence. 3.11.2. Members of the Board of the Municipality shall be eligible to such allowances as the County Executive Committee shall determine, in line with the Salaries and Remuneration Commission guidelines. 3.12 REMOVAL OF MEMBERS OF THE BOARD OF THE MUNICIPALITY 3.12.1. A member of the Board of the Municipality shall cease to hold office if the member- is unable to perform the functions of the office by reason of mental or physical infirmity; is declared or becomes bankrupt or insolvent; is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more; . resigns in writing to the County Governor; (e) without reasonable cause, the member is absent from three Consecutive meetings of the Board or Committee of the Board of the Municipality within one financial year; (ñ is found guilty of professional misconduct by the relevant professional body; is disqualified from holding a public office under the Constitution; fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees; engages in any gross misconduct; or dies. 3.12.2. A member of the Board of the Municipality may be removed from office by the appointing authority under the following circumstances: is found guilty of professional misconduct by the relevant professional body; is disqualified from holding a public office under the Constitution; engages in any gross misconduct; fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees; and Provided nothing prevents the Governor from instituting changes to the board in public interest. 3.12.3. The procedure for the removal by petition of a member of the Board of the Municipality under 3.12.2 above shall be provided by Regulation under the Urban Areas and Cities Act. 3.12.4. The regulations shall ensure fairness, due process and justice is served on the parties to avoid unnecessary witch-hunt. 3.12.5. 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. 3.12.6. Provided where the removal has actioned vacancy affecting quorum, the Governor may appoint qualified board members on acting capacity to ensure smooth running of the Municipality Board pending competitive recruitment. 3.13 MEETINGS OF THE BOARD OF THE MUNICIPALITY 3.13.1. The Board of the Municipality shall hold its sittings to transact the business of the Board once every three months. 3.13.2. Notwithstanding Article 3.13.1, 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 transact any urgent business of the Board of the Municipality. 3.14 QUORUM 3.14.1. The quorum shall be the Chairperson/Vice-chairperson and three other members. 3.14.2. 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. 3.15 RULES OF THE BOARD MEETINGS 3.15.1. The Board of the Municipality shall by resolution adopt rules to govern its meetings. 3.16 RECORD OF INFORMATION OF THE BOARD 3.16.1. The minutes and other information of the Board of the Municipality shall be kept by the Secretary of the Board of the Municipality. 3.16.2. 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. 3.17 CITIZEN PARTICIPATION 3.17.1. The Board of the Municipality shall ensure the development of mechanisms for the participation of the residents of the Municipality of Mavoko in the management and administration of the Municipality. 3.17.2. All recommendations from the citizen participation of the Municipality of Mavoko shall be forwarded to the Board of the Municipality for consideration. 3.17.3. All recommendations on issues raised in the citizen participation and addressed by the Board of the Municipality shall be forwarded to the Municipal Manager for implementation. BY-LAWS 4.1. BY-LAWS 4.1.1. The procedure for enactment of the municipal by-laws shall be as provided for under Article 185 of the Constitution of Kenya, County Government Act and other relevant laws and legislative practices and traditions applicable in Kenya. 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. Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the Board adopts the resolution at that meeting. 5.2.3. 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. 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 Mavoko 6.2 APPOINTMENT AND TERM 6.2.1 The Municipal Manager shall be competitively recruited by the County Public Service Board and appointed by the Governor. 6.2.2. The Municipal Manager shall be an employee of the County Public Service Board and will be liable to all the regulations governing employees of Machakos County Public Service Board. 6.3 QUALIFICATIONS 63:1. The Municipal Manager shall: Be a citizen of Kenya; Hold a bachelor's degree from a university recognized in Kenya or its equivalent; and - Have served and has proven experience in administration or management either in public or private sector. 6.3.2. In appointing the Municipal Manager, the County Public Service Board shall ensure: gender equity; the inclusion of minorities and marginalised communities; - and 15th February, 2019 THE KENYA GAZETtE 487 • (c) satisfies the requirements of Chapter six of the Constitution of Kenya. 633 The Municipal Manager need not reside within the Municipality. 6.4 FUNCFIONS AND POWERS OF THE MUNICIPAL MANAGER 6.43 The Municipal Manager shall implement the decisions and functions of the Board of the Municipality and shall be answerable to the Board and the County Executive Committee Member responsible for Urban Development. 6.4.2 The Municipal Manager shall perform the following functions: (a) Act on behalf of the Board of the Municipality: In ensuring the execution of the directives of Board of the Municipality; and During all intervals between meetings of the Board of the Municipality. (b) 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; (c) 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; (d) Cause to be prepared, transmitted to the Board of the Municipality, and distributed to the public at least an annual report on the activities and accomplishments of the departments and agencies comprising the executive branc of the Municipality; (e) Act as a secretary of all committees of the Board of the Municipality; if) Such other functions as the Board may, by order, confer upon the Municipal Manager; and (g) Any other functions as may be delegated by the County Executive Committee niember in charge of Urban Development. 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; Enforce the provisions of this Charter, Municipal By-laws, and all applicable laws; Exercise powers granted to the Municipal Manager in this Charter, By-laws and applicable laws concerning the appointment and removal of certain officers, employees, and members of committees of the Board of the Municipality; Exercise such other powers as may be prescribed by this Charter, by-laws and applicable laws. 6.4.4 The Municipal Manager must: Attend all Board of the Municipality meetings unless excused by the Chairperson of the Board or the Board of the Municipality; Make reports and recommendations to the Board of the Municipality about the needs of the Municipality; Administer and enforce all Municipality By-laws, resolutions, contracts , and other Municipality decisions; With the approal of the board and County Public Service Board appoint, supervise and remove Municipality employees; Prepare monthly reports to the relevant Chief Officers of the affairs of the board and the municipality; (I) Organize Municipality departinets and administrative structure; Prepare and administer the annual Municipality budget; Administer Municipality utilities and property; Encourage and support regional and intergovernmental cooperation; Promote cooperation among the Board of the Municipality, staff and citizens in developing Municipality policies and building a sense of community; Perform other duties as directed by the Board of the Municipality; (1) Delegate duties, but remain responsible for acts of all subordinates. 6.45. 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. 65 REMUNERATION 65.1. The County Public Service Board shall Set the compensation and determine the conditions• of employment of the Municipal Manager. 6.6 MUNICIPAL MANAGER[FEMPORARY VACANCY 6.6.1. When the Municipal Manager is temporarily disabled from acting as Municipal Manager or when the office of the Municipal Manager becomes vacant, the Governor shall appoint a qualified person to be an Acting Municipal Manager. 6.6.2. The Governor shall inform the County Public Service Board of such appointment. 6.63. The Acting Municipal Manager shall have the authority and duties of the Municipal Manager, except that the Acting Municipal Manager may appoint or remove employees only with approval of the Board of the Municipality and the County Public Service Board. 6.6.4. An Acting Municipal Manager shall hold office until such a time as a new Municipal Manager shall be appointed by the Governor. 7. MUNICIPAL FINANCES AND FINANCIAL MANAGEMENT 7.1 SOURCES OF THE MUNICIPALITY'S FUNDS AND REVENUE 7.7.1. The Board of the Municipality shall derive its revenue and funds from: monies appropriated by the County Assembly for the purposes of the management and service delivery of the Board; monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions; 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. 7.2.2. The Municipality Manager shall be designated by the Accounting Officer in charge of Urban Development as the AJ.E holder for the Municipality. 7.3 FUNCTIONS AND POWERS OF THE MUNICIPALITY ACCOUNTING OFFICER 7.3.1. The Municipality Accounting Officer shall have all the powers and perform all the functions of accounting officers as provided under the Public Finance Management Act. 488 THE KENYA GAZE11'E .15th February, 2019 7.3.2. Without prejudice to the foregoing, the Municipality Accounting Officer shall be responsible for managing .the finances of the Municipality. 7.4 FINANCIAL YEAR 7.4.1. The Municipality shall operate on an annual budget. 1.4.2. The financial year of the Board of the Municipality shall be the period of twelve months ending on the thirtieth (30th) June in each year. 73 BUDGET 73.1. The budget of the Board of the Municipality shall be developed in the manner provided under Section 175 of the Public Finance Management Act, 7.6 MANAGEMEN'F OF MUNICIPALITY FINANCES 7.6.1. 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 and subject to the applicable laws and procedures. - 7.6.2. All monies received by the Board of th Municipality shall be paid into the Municipality's bank account promptly and in accordance with the Public Finance Management Act. 7.7 BORROWING BY THE MUNICIPALITY 7.7.1. The Board of the Municipality may only borrow- from the County Government; through the County Government; by way of a bank overdraft and subject to such terms as may be imposed by the County Assembly or such terms as provided by law. 7.8 AUDIT 7.8.1. The audit of the Board of the Municipality shall be as provided under Section 46 and 47 of the Urban Areas and Cities Act. MUNICIPALITY PERSONNEL 8.1 MUNICIPALITY PERSONNEL 8.1.1. The Board of the Municipality may subject to the approval by the County Public Service Board, employ such officers and'employees as it deems necessary to execute the powers and duties provided by this Charter or any other law. 8.1.2. The County Executive Committee Member in charge of Public Service may in consultation with the Board of the Municipality, second officers to the Municipality. 8.2 MANAGEMENT OF MUNICIPAL PERSONNEL 8.2.1. The officers of Mavoko Municipality shall be covered by the medical, retirement and pension schemes applicable to employees of the Government of Machakos County. 8.3 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. 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 purpose by purchase, gift, bequest, devise, lease, or otherwise and may, sell, lease, or otherwise dispose-off any property belonging to the Municipality with the consent and approval of the Governor. 9.1.2. All town property and funds of every kind belonging to or in the possession of the town (by whatever prior name known) at the time this Charter becomes effective are vested in the Municipality, subject to the terms and conditions thereof. 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. 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. GENERAL PROVISIQNS 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/ Board Member of the Municipality of Mavoko ,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 the Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Machakos , I swill 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/ Board Member of the Municipality of Mavoko or otherwise under the law. (In the case of an oath— So help me God)." 10.1.2. The Municipal Manager shall take and subscribe to this oath or affirmation before the County Governor or before one of the sworn deputies. All other persons taking and subscribing to the oath shall do so before the Municipal Manager. 10.2 AMENDMENTS TO THE CHARTER 102.1. The Governor may at any time amend any provision of this Charter. 1023. The County Governor shall cause a copy of the amended Charter to be laid before the County Assembly within 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. II. 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 Town Officials, Officers or Employees at the time of its adoption. 113 DEPARTMENTS 11.3.1. All Town 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. MR15818570 15th February, 2019 THE KENYA GAZETTE 489 GAzm1Ncn1cENo. 1500 THE CONSTITUTION OF KENYA THE URBAN AREAS AND CITIES ACT (No. 13of2011) MACHAKOS 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. 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. Parliament enacted the Urban Areas and Cities Act in the year 2011 which legislation had an effective date falling after the first elections held under the Constitution of Kenya, 2010. Section 9 of the Urban Areas and Cities Act empowers the County Governor, on the resolution of the County Assembly, to confer on a qualifying town, the status of a Municipality by grant of a Charter in the prescribed form. The Urban Areas and Cities Act does not have the prescribed form of a Municipal Charter. 07 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. 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. The County Assembly of Machakos duly approved the request by the Machakos County Executive Committee for grant of this Charter to the now Municipality of Machakos. NOW therefore in exercise of the powers conferred by section 9 (1) of the Urban Area and Cities Act, 2011 as complemented by section 72 of the Interpretations and General Provisions Act (Chapter 2) and all other enabling provisions of law, the County Governor of Machakos County grants the Municipality of Machakos this Municipal Charter. Dated the 27th June, 2018. ALFRED NGANGA MUTUA, Governor, Machakos County. 1. INCORPORATION, NAME AND BOUNDARIES 1.1 INCORPORATION AND NAME I.I.I. This Charter is the Municipal Charter of the Municipality of Machakos, within Machakos County, Kenya. 1.1.2. 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. 1.1.3 The municipality shall be an entity of the Government of Machakos County and shall be through the relevant line department. ii BOUNDARIES The boundaries of the Municipality of Machakos as now existing shall consist of the following wards: Mutituni, Mumbuni North, Machakos Central, Muvuti Kiima Kimwe, Kalama and Kola; or as may subsequently be altered shall be the boundaries of the Municipality of Machakos. 2. OBJECTS AND FUNCTIONS OF THE MUNICIPALITY 2.1 OBJECTS OF THE MUNICIPALITY 2.1.2 The objects of the Municipality of Machakos are to: (a) Oversee 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: Participate in determining the social services and regulatory framework which will best satisfy their needs and expectations,. Ensure accountability and transparency in public expenditure, and Enjoy efficiency in service delivery. (c) To institute 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, laws and other matters for Municipality's benefit; and '(g) Fostering the economic, social and environmental well- being of its community. 2.2 FUNCTIONS OF THE MUNICIPALITY 12.1-The Municipality of Machakos shall, within the boundaries of the Municipality, perform the following functions: Promotion, regulation and provision of refuse collection and solid waste managemelit services; Maintenance of urban roads and associated infrastructure; Maintenance of storm drainage and flood controls; Maintenance of walkways and other non-motorized transport infrastructure; Maintenance of green spaces; (1) Maintenance of street lighting; (g) Maintenance and regulation of municipal markets and abattoirs; (h) Maintenance of fire stations; provision of fire-fighting services, (i) Emergency preparedness and disaster management; (j) Maintenance of administrative offices; and (k) Any other functions as may be delegated by the County Executive Committee member in charge of Urban Development. 3. THE BOARD OF THE MUNICIPALITY 3.1 ESTABLISHMENT OF THE BOARD 3.1.1. The management of the Municipality of Machakos shall be vested in the Government of Machakos County and administered on behalf by a board. 3.1.2. There shall be a Board of the Municipality of Machakos to be known as the Machakos Municipality Board. 3.1.3. The Board of the Municipality as an entity of Government of Machakos County shall be a corporate body with perpetual succession and a common seal and shall in its own corporate name be capable of: Suing and being sued; Taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Borrowing money or making investments within the limits imposed by law; Entering into contracts; 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. 3.1.4. There shall be a principal and agency relationship between the Board of the Municipality and the Government of Machakos County. The County government shall be the principal and the board, the agent. 3.1.5. The board shall be answerable to the Governor through the County Executive Committee Member in charge of Urban Development. 32 POWERS AND FUNCTIONS OF THE BOARD OF THE MUNICIPALITY 32.1. Ecept as otherwise provided for by the Constitution and other laws, all powers of the Municipality shall be vested in the Board of the Municipality as guided by the relevant County department. 322; Subject to the above provisions, the Board of the Municipality shall, within the boundaries of the Municipality of Machakos- executive functions as delegated by the County Executive Committee under the supervision of the relevant County Executive Committee Member in charge of Urban Development; ensure provision of services to its residents; promote constitutional values and principles; ensure the implementation and compliance with policies formulated by both the National and County Government; initiate consultations for enactment of By-laws in other relevant regulatory frameworks; W undertake other projects as may be instructed by the County Executive Committee Member in charge of Urban Developmesit under the direction of the County Executive Committee; and (g) ensure participation of the residents in decision making, its activities and programmes. 3.23. The Board of the Municipality shall perform the following functions: oversee the affairs of the Municipality; develop or adopt policies, plans, strategies and programmes and set targets for service delivery; implement an integrated development plan; maintaining a comprehensive database and information system of the administration; administering and regulating its internal affairs; (1 implementing applicable National and County policies and legislation; monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the Board of the Municipality; preparing and submitting its annual budget estimates to the County Treasury through the relevant line department for consideration and submission to the County Assembly for approval as part of the annual County Appropriation Bill; monitoring the impact and effectiveness of any services, policies, programs or plans; establishing, implementing and monitoring performance management systems; promoting a safe and healthy environment; (1) performing such other functions as delegated by the County Executive Committee Member. 3.3 COMPOSITION AND TERM QJ 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 recommended by the county Executive Committee Member in charge of Urban Development for nomination by the Governor and approved by the County Assembly. - 3.3.3. Five (5) members of the Board shall be recommended by the County E,ecutive Committee Member in charge of Urban Development under the following umbrella bodies- an umbrella body representing professional associations in the area; an association representing the private sector in the area; a, cluster representing registered associations of the informal sector in the area; a cluster representing registered neighbourhood associations in the area; and an association of the Municipality and appointed by the County Executive Committee with the approval of the County Assembly. and nominated by the Governor and approved by the County Assembly. 3.3.4. The following in their alternate shall be ex-officio members of the board- the Chief Officer in charge of Urban Development; the Chief Officer in charge of Trade; the Chief Officer in charge of Public Works; the Chief Officer in charge of Finance; and the Chief Officer in charge of Decentralized Units and County Administration 333. In appointing members of the Board of the Municipality, the County Executive Committee shall ensure gender equity, representation of persons with disability, youth and marginalised groups. 33.6. 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- be a Kenyan citizen; be ordinarily resident or have a permanent dwelling in the Municipality for a reasonable period of time; minimum education of a diploma or a demonstrable track record in public affairs; and satisfy Chapter 6 of the Constitution of Kenya. 35 CHAIRPERSON OF THE BOARD 35.1. At the first regular meeting of the Board of the Municipality, members of the Bard of the Municipality shall elect from amongst themselves, a Chairperson of the Board of the Municipality. 35.2. 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: The Chairperson shall be the head of the Board of the Municipality; Chairing the meetings of the Board of the Municipality; and 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. 15th February, 2019 THE KENYA GAZETTE •' 491 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 majority decision of the members of Board of the Municipality at a duly convened meeting where quorum is present. 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 3.5 and 3.7 respectively. 3.9 SECRETARY OF THE BOARD OF THE MUNICIPALITY 39.1. The Municipal Manager shall be secretary of the Board of the Municipality. 39.2. Where the Secretary of the Board of the Municipality is absent from any meeting, the members of the Board of the Municipality shall appoint a Secretary of the Board from amongst themselves for purposes of that meeting. 3.10 COMMITFEES OF THE BOARD OF THE MUNICIPALITY 3.10.1. The Boatd of the Municipality may- 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; 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 include persons who are not members of the Board in any Committee. 3.10.2. 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. 3.11 REMUNERATION OF THE MEMBERS OF THE BOARD OF THE MUNICIPALITY 3.11.1. The Board of the Municipality may be considered for a retainer depending on the workload in consideration of prudence. 3.11.2. Members of the Board of the Municipality shall be eligible to such allowances as the County Executive Committee shall determine, in line with the Salaries and Remuneration Commission guidelines. 3. 12 REMOVAL OF MEMBERS OF THE BOARD OF THE MUNICIPALITY 3.12.1. A member of the Board of the Municipality shall cease to hold office if the member- is unable to perform the functions of the office by reason of mental or physical infirmity; is declared or becomes bankrupt or insolvent; is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more; resigns in writing to the County Governor; without reasonable cause, the member is absent from three Consecutive meetings of the Board or Committee of the Board of the Municipality within one financial year; W is found guilty of professional misconduct by the relevant professional body; is disqualified from holding a public office under the Constitution; fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees; engages in any gross misconduct; or dies. 3.12.2. A member of the Board of the Municipality may be removed from office by the appointing authority under the following circumstances - is found guilty of professional misconduct by the relevant professional body; is disqualified from holding a public office under the Constitution; engages in any gross misconduct; fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees; and Provided nothing prevents the Governor from instituting changes to the board in public interest. 3.12.3. The procedure for the removal by petition of a member of the Board of the Municipality under 3.12.2 above shall be provided by Regulation under the Urban Areas and Cities Act. 3.12.4. The regulations shall ensure fairness, due process and justice is served on the parties to avoid unnecessary witch-hunt. 3.12.5. Any vacancy arising out of the removal of a member of the Board of the Municipality may be filled in the manner proyided under Article 3.3 above. 3.12.6. Provided where the removal has actioned vacancy affecting quorum, the Governor may appoint qualified board members on acting capacity to ensure smooth running of the Municipality Board pending competitive recruitment. 3.13 MEETINGS OF THE BOARD OF THE MUNICIPALITY 3.13.1. The Board of the Municipality shall hold its sittings to transact the business of the Board once every three months. 3.13.2. Notwithstanding Article 3.13.1, 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 transact any urgent business of the Board of the Municipality. 3.14 QUORUM 3.14.1. The quorum shall be the Chairperson/Vice-chairperson and three other members. 3.14.2. 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. 3.15 RULES OF THE BOARD MEETINGS 3.15.1.The Board of the Municipality shall by resolution adopt rules to govern its meetings. 3.16 RECORD OF INFORMATION OF THE BOARD 116.1.The minutes and other information of the Board of the Municipality shall be kept by the Secretary of the Board of the Municipality. - 492 . THE KENYA GAZETTE 15th February, 2019 3.16.2. 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. 3.17 CITIZEN PARTICIPATION 3.172. The Board of the Municipality shall ensure the development of mechanisms for the participation of the residents of the Municipality of Machakos in the management and administration of the Municipality. 3.17.2. All recommendations from the Citizen participation of the Municipality of Machakos shall be forwarded to,the Board of the Municipality for consideration. 3.17.3. All recommendations on issues raised in the citizen participation and addressed by the Board of the Municipality shall be forwarded to the Municipal Mnager for implementation. BY-LAWS 4.1.1. The procedure for enactment of the municipal by-laws shall be • as provided for under Article 185 of the Constitution of Kenya, County Government Act and other relevant laws and legislative practices and traditions applicable in Kenya. ADMINISTRATIVE AUTHORITY 5.1 RESOLUTIONS 5.1.1. The Board of the Municipality shall exercise its administrative authority by approving resolutions. 52 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. Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the,Board adopts the resolution at that meeting. 5.2.3. 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. 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 Machakos 6.2 APPOINTMENT AND TERM 6.2.1 The Municipal Manager shall be competitively recruited by the County Public Service Board and appointed by the GovernOr. 6.2.2. The Municipal Manager shall be an employee of the County Public Service Board and will be liable to all the regulations governing employees of Machakos County Public Service Board. 6.3 QUALIFICATIONS 6.3.1. The Municipal Manager shall: (a) Be a citizen of Kenya; (6) Hold a bachelor's degree from a university recognized in Kenya or its equivalent; and (c) Have served and has proven experience in administration or management either in public or private sector. 632. In appointing the Municipal Manager, the County Public Service Board shall ensure- gender equity; the inclusion of minorities and marginalised communities; and satisfies the requirements of Chapter six of the Constitution of Kenya. 6.3.3 The Municipal Manager need not reside within the Municipality. 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 and the County Executive Committee Member responsible for Urban Development. 6.4.2 The Municipal Manager shall perform the following functions: (a) Act on behalf of the Board of the Municipality: In ensuring the execution of the directives of Board of the Municipality; and During all intervals between meetings of the Board of the Municipality. (b) Prepare and present for approval of the Board of the Municipality, an annual estimate of revenue and expenditure to fund and, carri out the programmes and operations of'the Board; (c) 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; (d) Cause to be prepared, transmitted to the Board of the • Municipality, and distributed to the public at least an annual report on the activities and accomplishments of the departments and agencies comprising the executive branch of the Municipality; (e) Act as a secretary of all committees of the Board of the Municipality; (/) Such other functions as the Board may, by order, confer upon the Municipal Manager; and (g) Any other functions as may be delegated by the County Executive Committee member in charge of 'Urban Development. 6.4.3 The Municipal Manager shall be fully responsible for the proper conduct of the executive and aministrative work and affairs of the Municipality. The Municipal Manager shall have the power and shall be required to: Exercise supervision over all departments and agencies of the Municipality and provide for the coordination of their activities; Enforce the provisions of this Charter, Municipal By-laws, and all applicable laws; Exercise powers granted to the Municipal Manager in this Charter, By-laws and applicable laws concerning the appointment and removal of certain officers, employees, and members of committees of the Board of the Municipality; and Exercise such other powers as may be prescribed by this Charter, by-laws and applicable laws. 6.4.4 The Municipal Manager must: Attend all Board of the Municipality meetings unless excused by the Chairperson of the Board or the Board of the Municipality; Make reports and recommendations to the Board of the Municipality about the needs of the Municipality; Administer' and enforce all Municipality ny-laws, resolutions, contracts ,and other Municipality decisions; With the approval of the board and County Public Service Board appoint, supervise and remove Municipality employees; Prepare monthly reports to the relevant Chief Officers of the affairs of the board and the municipality; (/7 Organize Municipality departments and administrative structure; (g) Prepare and administer the annual Municipality budget; 15th February, 2019 THE KENYA GAZETTE 493 (Ii) Administer Municipality utilities and property; Encourage and support regional and intergovernmental cooperation; Promote cooperation among the Board of the Municipality, staff and citizens in develoging Municipality policies and building a sense of community: Perform other duties as directed by the Board of the Municipality; (1) Delegate duties, but remain responsible for acts of all subordinates. 6.4.5. The Municipal Manager shall have no autlority 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. 6.6 MUNICIPAL MANAGER/TEMPORARY VACANCY 6.6.1. When the Municipal Manager is temporarily disabled from acting as Municipal Manager or when the office of the Municipal Manager becomes vacant, the Governor shall appoint a qualified person to be an Acting Municipal Manager. 6.6.2. The Governor shall inform the County Public Service Board of such appointment. 6.6.3. The Acting Municipal Manager shall have the authority and duties of the Municipal Manager, except that the Acting Municipal Manager may appoint or remove employees only with approval of the Board of the Municipality and the County Public Service Board. 6.6.4. An Acting Municipal Manager shall hold office until such a time as a new Municipal Manager shall be appoihted by the Governor. 7. MUNICIPAL FINANCES AND FINANCIAL MANAGEMENT 7.1 SOURCES OF THE MUNICIPALITY'S FUNDS AND REVENUE 7.7.1, The Board of the Municipality shall derive its revenue and funds from: (a) monies appropriated by the County Assembly for the purposes of the management and service delivery of the Board; (h) monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions; (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.. 7.2.2. The Municipality Manager shall be designated by the Accounting Officer in charge of Urban Development as the A.l .E holder for the Municipality. 7.3 FUNCTIONS AND POWERS OF THE MUNICIPALiTY ACCOUNTING OFFICERS 73.1. The Municipality Accounting Officer shall have all the powers and perform all the functions of accounting officers as provided under the Public Finance Management Act. 73.2. Without prejudice to the foregoing. the Municipality Accounting Officer shall be responsible for managing the finances of the Municipality. 7.4 FINANCIAL YEAR 7.4.1. The Municipality shall operate on an annual budget. 7.4.2. The financial year of the Board of the Municipality shall be the period of twelve months ending on the thirtieth (30th) June in each year. 7.5 BUDGET 75.1. The budget of the Board of the Municipality shall be developed in the manner provided under Section 175 of the Public Finance Management Act. 7.6 MANAGEMENT OF MUNICIPALITY FINANCES 7.6.1. 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 and subject to the applicable laws and procedures. 7.6.2. 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. 7.7 BORROWING BY THE MUNICIPALITY 7.7.1. Subject to the Constitution of Kenya and Public Finance Management Act the Board of the Municipality may only borrow- from the County Government; through the County Government; and by way of a bank overdraft. 7.8 AUDIT 7.8.1. The audit of the Board of the Municipality shall be as provided under Section 46 and 47 of the: Urban Areas and Cities Act. MUNICIPALITY PERSONNEL 8.1 MUNICIPALITY PERSONNEL 8.1.1. The Board of the Municipality may subject' to the approval by the County Public Service Board, employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or any other law. 8.1.2. The County Executive Committee Member in charge of Public Service may in consultation with the Board of the Municipality, second officers to the Municipality. 8.2 MANAGEMENT OF MUNICIPAL PERSONNEL 8.2.1. The officers of Municipality of Machakos shall be covered by the medical, retiremnt and pension schemes applicable to employees of the Government of Machakos County. 8.3 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. 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 purpose by purchase, gift, bequest, devise, lease, or otherwise and may sell, lease, or otherwise dispose-off any property belonging to the Municipality with the consent and approval of the Governor. 9.1.2. All town property and funds of every kind belonging to or in the possession of the town (by whatever prior name lthown) at the time this Charter becomes effective are vested in the Municipality, subject to the terms and conditions thereof. 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. OAZglI'K NOTICE No. 1501 THE CONSTITUTION OF KENYA COUNTY GOVERNMENTS ACT (No. 17nf2012) COUNTY ASSEMBLY SERVICES ACT (No.24 nf2Ol7) MEMISIIaS OITHlt COUNTY ASSP.MOLY SnRVICE IIOAIW OP MACI-IAKOS NOTICE is hereby given to cli members of the County Assembly of Machakos and the generat public that pursuant to the provisions. of section 12 (3) (o), (b) and (e) and (4) of the County Goveriufleuts Act, 2012. the following are the members of the County Assembly Service tlonrd Of Machakos. Florence Muoti MwangengiChe1rperson Caleb Mutiso MuleVtce Chairperson Grace Munini Mutwiwa Member Pciix Oltarl Mbluki— Secretary/CEO Dated the 21st November, 2015. - - FELiX MIMUK1 MR/20379 Seerelui'y, Coiwy Assen,hly Srrrfrs Hom't/ of Mm/itt/wI GAZETI'II NoilUtt No, 1502 - THE COOPBRATIVE SOCIETIES ACT - (Cup 490) - - REVOCATION OP CANCnL1M1ON1LUIDAT10N ORDES ER1tA SAVINOS AND CI4nDIT SoCIETY LIMIID CS/Il 112 - IN EXERCISE of the powers conferred tinder section 60A and sections 62 (1) to of the Cooperative Societies Act; the Commissioner for ©ooperativc Development on the 26th March 201U Qaneeiicd the registratioti of Ekesa Sacco Society Limited thereby appointing (1) Stephen Kamau Njoroga and (2) Philip Ukhevi Uluma to be joint liquidalurs for a period not ceaeding one (1) year WHEREAS the cancellation/liquidation order was invoked subject to section 62 (2) and on conditions set Out in the Cabinet Secretaries for State Department for Industry, Trade and Co-operative Development letter dated the 25th June, '2018 which has been complied with. I NOW in exercise of the powers conferred under section 93A (d) read with section 93 of the Co-operative Societies Act revoke the said cancellation/liquidation Order dated 26th March 2018 and reinstate the registration of Ekeza Savings and Credit Society Limited CS/17 112. Dated the 4th February, 2019. . -- - MARY N. MUNGAI, - MR/58 18871. Comndssicner for Co-operative Development. GAZETrE NoTicti No. 1503 THE COMPANIES ACT - (No. 17 of 2015) INTENDED DISSOLUTION PURSUANT to $ection 897 (3) of the Companies Act, it is notified that at the expiration of three (3) months from the date of this gazette the names of the under mentioned companies shall un-less éause is shown to the contrary bd struck off the register of companies and the - company shall be dissolved. Number Name of Company PVT/2016/017854 C. 124987 CPRJ2010/16458 CPRI2010/21664 CPR/2012/83377 CPR120131101488 Africa MariiIe Express Limited Alanjon Hair Design Limited Al-Salam Hospital Limited Armajaro Kenya Limited Azimuth Power Limited Basestar Kenya Limited 912 The provisions of the Lend Act shell epply to coy intended compifisory aciuisition by the Municipaflty of property within the Municipelity. 93 MUNICIPALBUILDINOS 9.3.1 The Boerd of the Municipality may acquire, obtain by lease or rent, purchase, construct, operate, and mtilnthln all buildings and structures it deems necessary for the operation of the Municipality, 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. GENERAL PROVISIONS tO.! OATH OF OFFICE 10.1,1. Before entering upon the duties of their offices, the Mtmiclpiil Manager, the Chairperson and ViceChairperson 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, shell take and subscribe to the following otith or efflrmetion being celled on to exercise the functions of Municipal Manager/Chelrpersonl Board Member of the Municipality of Macliakos ,do swear/solemnly affirm that-that I will at eli times be faithful to the Republic of Kenye that 1 will obey, respect and uphold .the Constitution of Kenya and all other laws of the Republic that except with the authority of the Board of the Municipality of Mechakos , 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 dui discharge of my duties as Municipal Manager/Cheirparson/ Board Member of the Municipality of Mechakoc or otherwise under the law: (in the case of an oeth So help me God)5 10:12 The Municipal Manager shell take and subscribe to this oath or affirmation before the County Governor or before one of the sworn depuiies: Allotlici lIaisons taking and subscribing to the oath shall do sri bfote the Municipal Manager. 10.2 AMENDMENTS TO TI-I.E CHARTER 10.2.1. The County Governor may at any time amend any provision of this Charter. 10.2.3. The County Governor shall cause a copy of the -amended Charter to be laid before the County Assembly within 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. TRANSITIONAL PROVISIONS 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 Town Officials, Officers or Employees at the time of its adoption. 11.3 DEPARTMENTS - - 11.3.1. All Town Departments shall continde 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. MR15818570 15th February, 2019 THE KENYA GAZETTE CP/2012/66861 Bespoke Africi Limitccl GAZErTENOTICaNO. 1504 CPRI20I4/168387 Bhaniibni Lirnitcd THE COMPANIES ACT CPR/2015/210800 B1un Dort Entcrpries Limited CPR/2015/218798 Brixe Construótion and Suppliers Limited (No, 17 of 2015) PVT-MKU333Q Busifu Industries Limited • CPR/20 I 4/1 39995 CCC Enginecring Limiled DSSOLUTON CPR/2010/3 131 I Chw1e Filling Station Limited • PURSUANT to section 897 (4) of the Companies Act, it is notified PVT/201 6/030230 Coten Oroup Limited for general information that the widet mentioned companies are CPR/2009/9808 Dultmere Company Limited dissolved, CPR/2013/I 13413 Donuni Designs Limited PVTAAAADYE5 DRHK Panbase Sports Limited Number No,ne of Compony CPR/20 15/214328 Emergent Property Development LImited PVT 8LUD2Y5 Aicor Consulting Limited PVT=AAAOVP3 Evofitness Limited PVTJZU6VZX Benkyaley Contractors Limited C. 66174 FeipaPrebrcma Limited CPR/2013/124092 Bikes and Outdoor Adventures Limited PVT/2016/029813 Presh Herbs Africa Limited C. 90640 BWSC Kenya Limited CPR/2014/127752 0mm impressions Limited PVT/2016/009061 Development ConnectLimuted C. 123149 Health and Development Innovations (HDI) C. 119147 Grekini Africa Limited Company Limited . C. 48872 Humor Industries Limited CPR/2013/123969 Hedtien Opleal Limited C. 42000 NeIros Limited CPR/2014/15321 I Mealthcure Advocacy (K) Limited C. 54030 Norbrook Africa (EPZ) Limited C. 8920 Hoehland Limited PVT=AAAAWA6 Paypro International Limited PVT=3QU65KX Hsirdye Oenet'al Trading Compeny Limited PVT/20 16/014543 Penta Carriers Limited CPR/20 10/31892 Isis Media Company LimIted PVT/20 16/010573 PremIer Living Limited PVT/20 16/02829 lEOn Oroup of Companies Limited CPR/201 1/38623 Rock Act Enterprises Limited C. 72510 inlergrated Development Planning Limited PVT/2016/015575 Royal Vipeab Serv1es Limited C. 93132 intersut Africa Limited PVT/2016/0 16656 Slmbn Polythene industries Limited CPIV20I2/72777 lntertruek Africa Limited CPR/201 3/95441 Jawabu Ridhika Insurance Heaith Care Limited, Dated the 6th Pebruary; 2019. C. 72192 Kanamarirus Limited . ALICE MWENDWA, CPR/201 4/138072 Kenban Enterprises Limited Or Rsgllrw' of Companic.v. Kenya Kayo Motors Limited - C. 12512 Kitchen Pride Limited C. 4613 Kijani Limiteti OAZffff 1505 PVT=AAAOI4K3 La Quinla Essena Farm Limited THE COMPANIES ACT C. 78161 Lakeview Cottages Limited C. 162488 Laimanllusioees Solutions Limited (No. 17 of 2015) CFR/2014/172732 Leiias and Company Limited CPR/2012/78799 Liltie Dreamers Limited DISsOLUTION PVTUYtJi6VK' Lovol East Africa Company Limited PURSUANT to section 91 (3) of the Companies Act; it is noliried CP/20l4/l46384 Lukundo Woolen Or-oup Limit€d for general information that the under mentioned companies are PVTPflJ6YD9 Mcdsutgicate olutltit Limited dissolved, PVT-AJULQA . Microtech Africa Limited CPR/2014/167930 Milele Africa Group Limited Number Name of Company C. 168511 Monarch Events LiMited FN-495TKG Achmea Africa Holdings B .V PVT/2016/01 j987 Nazalene Company Limited . CF/2013/101012 Send a Cow CPR/2014/132479 Neo Divergence Kenya Limited CF12016/221542 Sokwatch Incorporation PVT-8LU132A9 Obento Delights Limited FC-NPET513 Tokheim Services Kenya PVT-BEUDGM Pino Ventures Limited . . PVT-AAAGCV5 Pure.Wells Limited Dated the 29th January, 2019, PVT-27ULRE6 Quid Mobile Limited ALICE MWENDWA, C. 113197 Rerima Limited- . for Registrar of Companies. C. 108201 Rockstone Properties Limited CPR/201 1/64059 Royal Fruit (K) Limited PVT-MKU9YL5 Saraka Trading Company GAZE1TE NOTICE NO. 1506 C.87345 Scan Espress Services Limited THE PHYSICAL PLANNING ACT C. 150927 Sky Trading Company Limited . . CPRI20I 3/97172 Swim Africa Holdings Limited . (Cap. 286) C. 146209 Sussy Grand Hotel Limited CPR/201 1/62051 Sycamore Fig Valley Limited COMPLETION OF PART DEVELOPMENT PLAN PVT-9XUK5DV Taraji Benmark Limited PDP No. 33212019102—Formalization of Existing Residential Plot PVT- Q7U7P27 Tech Titans Systems Limited - C.346 13 The Print Shop Limited NOTICE is given that preparation of the above mentioned part CPRI2014/160706 Trend Lighting Limited , development plan was on 3rd January, 2019 completed. PVT-AJUPEAZ Tenqueens Investment Group Limited The part development plan relates to land situated within Wajir PVT-27U68V8 TSG Realty Limited , Town, Wajir County. PVT-Y2UA5RJ . TSG Hospitality Limited C. 62989 Uja Services Limited A Copy of the part development plan as prepared has been PVT/20I6/023493 Unique Bintiz Limited deposited for public inspection at the Office of the County Physical PVT/2016/016063 Heavy Equipment and Construction Limited - Planning Officer and Town Administrator's 'Office, Wajir. C. 50655 Vora Clearing Company Limited ' The copies so deposited are available for inspection at the office of PVT-V7UAVD2 . Wisyo Limited the County Physical Planning Officer and Town Administrator's PVT-RXUMJA2 Zawati Ventures Limited Office, Wajir, free of charge by all persons, interested between the Dated the 6th February, 2019. hours of 8.00 am, and 5.00 p.m., Monday to Friday. ALICE MWENDWA, Any interested person who-wishes to make any representation in for Registrar of Companies. connection with or objection to the named part developmeln plan may send such representations orobjections in writing to be received by the County P(iysical Planning Officer, P.O Box 365, Wajir, within sixty (60) days from the date of this publication and any such representation or objection shall state the grounds on which it is made. Dated the 24th January, 2019. B. N. MUCHERU, MR/55 18375 for Director of Physical Planning.