Local Government Act - Kenya Law Reports

112 CAP. 265 Local Government
[Rev. 2010
Relinquishment of
functions by urban
councils.
11 of 1984, Sch.
Powers of county
council where there
is no county division.
197. (1) The council of any county division for the time being
responsible for the discharge of any function conferred upon it by this
or any other written law may at any time, with the consent of the council
of the county in which the county division is situate, relinquish such
function, and as from the date of relinquishment such function may be
discharged within the county division by such county council as if it
had been conferred upon the county council in respect of such county
division by this Act.
(2) The county council may make representations to the council
of any county division within the county with a view to the council of
the county division relinquishing any of its functions under subsection
(1).
(3) Where, after any such representations have been made, the
council of the county division refuses to relinquish any of its functions
the subject of such representations, the county council may apply to the
Minister to exercise his powers under subsection (4).
(4) On receipt of an application under subsection (3), the
Minister may, in his discretion, refuse to exercise any of his powers
under this subsection or, after giving the county council and the council
of the county division an opportunity to make representations to him
on the application, he may, by notice in the Gazette, confer upon the
county council making the application, with or without restrictions or
conditions, all or any of the functions for which application was made
and thereupon the council of the county division shall be deemed to
have relinquished such function or functions.
(5) Where any function is relinquished or deemed to have been
relinquished under this section, the general financial arrangements
arising from the discharge of such function by the county council in
the county division shall be agreed between the county council and the
council of the county division relinquishing the function or, in default
of agreement be determined by the Minister.
198. (Repealed by 11 of 1984, s. 25.).
199. In any area of a county where there is no county division,
the county council shall have and may exercise all the functions of a
council of a county division as prescribed or provided for in this or any
other written law.
200. (Repealed by L.N. 634 of 1963.).