Local Government Act - Kenya Law Reports

166 CAP. 265 Local Government
[Rev. 2010
Personal accusations.
Standing Orders to
apply to committees.
Voting on
appointments.
Custody of the seal.
Sealing of
documents.
person to whom a question has been put may decline to answer it.
(4) Where a written question is addressed to the chairman or to the
chairman of a committee and the desired information is contained in any of
the Council’s publications, it shall be deemed sufficient reply if the publication
containing the information is indicated.
(5) Where the reply to any question cannot conveniently be given orally,
it shall be deemed a sufficient reply if the answer is circulated to members of
the Council with the minutes of the meeting at which the question has been
asked.
42. (1) No member of the Council shall make personal accusations
against nor impute improper motives to any other member or members of the
Council in any meeting of the Council.
(2) Any such accusations or imputations shall be made in writing and
forwarded to the clerk who shall refer the same to the next meeting of the
appropriate committee of the Council for investigation.
43. The Standing Orders of the Council as to rules of debate at Council
Meetings shall mutatis mutandis apply to committee and subcommittee
meetings, except those parts of standing order 6 of these Standing Orders
which relate to standing, speaking more than once, and to length of speeches.
44. Subject to the Act and any other written law, where there are more
than two persons nominated for any position to be filled by the Council, and
of the votes given there is not a majority in favour of one person, the name of
the person having the least number of votes shall be struck off the list and a
fresh vote shall be taken, and so on until a majority of votes is given in favour
of one person.
45. The common seal of the Council shall be kept in some safe place
and shall be secured by two different locks, the keys of which shall be kept
respectively by the chairman and the clerk:
Provided that the chairman may entrust his key temporarily to another
member of the Council with a written authority to such member to exercise his
powers, and similarly the clerk may entrust his key temporarily to the deputy
clerk (if such deputy has been appointed by the Council) or to another chief
officer of the Council.
46. (1) The common seal of the Council shall not be affixed to any
document unless the sealing has been authorized by a resolution of the Council
or of a committee to which the Council has delegated its powers in this behalf,
but a resolution of the Council (or of a committee where that committee has the
power) authorizing the acceptance of any tender, the purchase, sale, letting, or
taking of any property, the issue of any stock, the presentation of any petition,
memorial, or address, the making of any rate or contract, or any other matter
or thing, shall be a sufficient authority for sealing any document necessary to
give effect to the resolution.