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Local Government Act - Kenya Law Reports

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

[Rev. 2010<br />

Term of office of<br />

councilors.<br />

11 of 1967, s. 2,<br />

9 of 1968, Sch.,<br />

31 of 1971, Sch.,<br />

11 of 1984, s. 8.<br />

Establishment and<br />

incorporation urban<br />

councils.<br />

L.N. 283/1963,<br />

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

9 of 1968, Sch.,<br />

11 of 1984, Sch.<br />

(d) where the county or town council in its discretion so agrees<br />

with the council of any contiguous municipality or county,<br />

one councillor from amongst the councillors of that council<br />

appointed by that council:<br />

Provided that the total number of councillors nominated or<br />

appointed under paragraph (b) and (c) shall not exceed one-third of<br />

the number of elected councillors under paragraph (a) or where the<br />

number of elected councillors is not divisible by three the next lowest<br />

number so divisible.<br />

(2) Every councillor appointed under paragraph (b) of subsection<br />

(1) shall, for all the purposes of this <strong>Act</strong>, be deemed to be an elected<br />

councillor of the county or town council.<br />

40. (1) The term of office of every councillor nominated under<br />

section 39 (1) (c) shall be five years or such shorter period as the Minister<br />

may, at the time of nomination, specify:<br />

Provided that the Minister may at any time in his discretion<br />

terminate the nomination of such a councilor by notice in writing<br />

delivered to the councilor and thereupon his office shall become<br />

vacant.<br />

(2) The term of office of every councillor appointed under<br />

paragraph (b) or (d) of section 39 shall be five years or such shorter<br />

period as may, at the time of appointment, be specified by the council<br />

which appoints such councillor:<br />

Provided that, where any such councilor ceases to be a councillor<br />

of the urban or area council or, as the case may be, of the municipal<br />

council which appointed him, he shall forthwith cease to be a councillor<br />

of the county or town council.<br />

(3) The term of office of the elected councillors specified in section<br />

39 (1) (a) shall be five years.<br />

Urban Councils<br />

41. (1) For every county division there shall be an urban council<br />

established under this <strong>Act</strong>, and every urban council shall consist of—<br />

(a) the chairman;<br />

(b) the vice-chairman;

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