08.02.2013 Views

Local Government Act - Kenya Law Reports

Local Government Act - Kenya Law Reports

Local Government Act - Kenya Law Reports

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Rev. 2010]<br />

authority in question; and<br />

<strong>Local</strong> <strong>Government</strong> CAP. 265 141<br />

(b) after the expiry of a period of not less than fourteen days<br />

from the date of publication of such notice in the Gazette, a<br />

draft of the order shall be laid before the National Assembly;<br />

and no such order shall have effect unless notice thereof is<br />

published as aforesaid and the National Assembly has, by<br />

resolution (of which at least twenty-eight days’ notice has<br />

been given to the National Assembly), approved the draft.<br />

253. (1) Upon any order being made under section 252 with<br />

respect to a local authority, such local authority shall until dissolved by<br />

declaration under section 255, continue in existence for the purpose only<br />

of windingup, and to that end the members of the local authority shall, or<br />

where by order under section 252 a commission is or has been appointed<br />

in place of such members, then, such commission shall, without delay,<br />

take such steps as may be necessary to wind up the affairs of the local<br />

authority, and in particular shall do such acts as may be required by any<br />

order made by the Minister under sub-section (2).<br />

(2) In order to facilitate any such winding-up, the Minister may,<br />

by notice in the Gazette, make such orders as he deems necessary or<br />

desirable, and particularly, but without prejudice to the generality of<br />

the foregoing, to ensure—<br />

(a) that all or any property, movable or immovable, vested<br />

or belonging to such local authority or to which the local<br />

authority is entitled and all or any assets and claims to<br />

which the local authority is entitled shall be transferred to<br />

and vested in such other authority or authorities as exist or<br />

may be established for the area for which the local authority<br />

being wound up was established;<br />

(b) that all or any contracts of service, appointments made or<br />

powers conferred shall be deemed respectively to have been<br />

entered into, made or conferred by or to such other authority<br />

or authorities as aforesaid;<br />

(c) that all or any works, undertakings, rights, liabilities,<br />

contracts and engagements of the local authority, and all<br />

actions, suits and legal proceedings by or against the local<br />

authority shall be transferred to, vested in and be enforced,<br />

carried on and prosecuted by or against such other authority<br />

or authorities as aforesaid;<br />

(d) that all or any licences or registrations issued, made or<br />

granted by the local authority shall continue in force for the<br />

Procedure on<br />

winding-up.<br />

L.N. 634/1963,<br />

L.N. 105/1965,<br />

11 of 1984, Sch.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!