Local Government Act - Kenya Law Reports

162 CAP. 265 Local Government
[Rev. 2010
Opinion of officers.
Members may attend
committee meetings.
Women on health
committees.
L.N. 41/1970.
All contracts to
comply with standing
orders 31 to 38.
Prior estimate of
expenses to be
obtained before
entering into
contracts.
Contents of
invitation for tenders
and opening tenders.
28. An officer who is present at a meeting of a committee of the Council,
being a chief officer or an officer instructed by a chief officer to attend such
meeting, shall have the right to require his opinion to be recorded in the minutes
if the committee arrive at a decision, which in the officer’s opinion is contrary
to his advice.
29. A member of the Council who has proposed a motion which has been
referred to any committee shall have notice of the meeting of the committee
at which it is proposed to consider the motion and if he attends shall have an
opportunity of explaining it.
30. At least two women shall be appointed to serve on each committee
of a municipal council dealing with public health matters.
31. (1) Every contract whether made by the Council or by a committee
to which the power of making contracts has been delegated shall comply with
section 143 of the Act and standing orders 31 to 38 of these Standing Orders,
and no exception from any of the provisions of the said standing orders shall
be made otherwise than by direction of the Council or the Finance Committee
in accordance with section 143 (6) of the Act.
(2) Every exception made by a committee to which the power of making
contracts has been delegated or by the Finance Committee shall be reported to
the Council and the report shall specify the emergency by which the exception
has been justified.
(3) Express note of any exception as aforesaid and of the emergency
(if any) by which the exception has been justified shall, unless recorded in the
report of a committee which is laid before the Council, be made in the minutes
of the Council.
32. Before entering into a contract for the execution of any work the
Council shall obtain from the appropriate officer or other person an estimate
in writing of the probable expense of executing the work in a suitable manner
and of the annual expenses of maintaining the same.
33. (1) Where in pursuance of section 143 (4) (a) of the Act public
invitation to tender is required, every notice of such invitation shall state that
no tender will be received except in a plain sealed envelope which may bear
the word “Tender”—followed by the subject to which it relates, but shall not
bear any name or mark indicating the sender, and such envelopes shall remain
in the custody of the clerk until the time appointed for their opening.
(2) Tenders shall be opened at one time and only in the presence of—
(a) such member or members of the Council as may have been
designated for the purpose by the Council or by the committee to
which the power of making the contract to which the tenders relate
has been delegated;