Local Government Act - Kenya Law Reports

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30 CAP. 265 Local Government [Rev. 2010 Number of councilors. L.N. 283/1963, L.N. 634/1963, L.N. 34/1965, 9 of 1968, Sch., 11 of 1984, Sch., 13 of 1988, Sch. 10 of 1997, Sch. Term of office of councilors. 11 of 1967, s. 2, 9 of 1968, Sch., 11 of 1984, s. 11. all the duties vested and imposed upon the chairman under and by virtue of this Act. 46. The number of councillors of an urban council shall be as follows— (a) such number of councillors as the Minister may, by order determine, elected for each electoral area by the electorate thereof; and (b) such number of councillors nominated by the Minister to represent the Government, or any special interests; and (c) such number of councillors (if any) appointed from amongst its councillors by the county council in whose area the urban or area council is situated: Provided that the total number of councillors nominated or appointed under paragraphs (b) and (c) shall not exceed one-third of the number of elected councillors under paragraph (a) or where the number of elected councillors is not divisible by three the next lowest number so divisible. (2A) The criteria and principles for appointment of nominated members of the National Assembly under section 33 of the Constitution shall mutatis mutandis apply to the nomination of councillors under this section. 47. (1) The term of office of every councillor nominated under section 46 (b) shall be five years or such a shorter period as the Minister may, at the time of nomination, specify: Provided that the Minister may at any time in his discretion terminate the nomination of a councillor by notice in writing delivered to the councillor, and thereupon his office shall become vacant. (2) The term of office of every councillor specified in section 46 (a) shall be five years. (3) The term of office of every councillor specified in section 46 (c) shall be five years or such shorter period as may, at the time of appointment, be specified by the council which appoints such councillor: Provided that where the councillor ceases to be a councillor of the county council which appointed him he shall forthwith cease to be a councillor of the county division council.
Rev. 2010] 48 49 50 51 Local Government CAP. 265 31 Local Councils (Repealed by 11 of 1984, s. 12.). Township Authorities (Repealed by 31 of 1971, Sch.). part Iv—lOCal GOverNMeNt eleCtIONS aNd MeMberShIp Electoral Areas 52. (Repealed by 31 of 1968, s. 5.). 53. (1) Each electoral area established under this Act shall, in such manner as the Electoral Commission may after consultation with the Electoral Commission, by order prescribe, elect to the local authority for a local authority area of which it forms part or which it constitutes one or more elected councillors as may be so prescribed. (2) The qualifications and disqualifications for registration as a voter in elections of elected councillors shall be as set out in paragraphs 1 and 2 of the Fifth Schedule. (3) Every person who is registered in any electoral area as a voter in elections of elected councillors shall, unless he is disqualified by any rules made by the Electoral Commission from voting in such elections on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such offence by the Court trying an election petition, be entitled so to vote in that electoral area in accordance with any rules in that behalf made by the Electoral Commission, and no other person may so vote. (4) Notwithstanding subsections (1), (2) and (3), the Electoral Commission may by rules provide that, in lieu of the councillor or councillors to be elected to any county council by any electoral area within the county, there shall be a councillor or the same number of councillors appointed by any urban council within which that electoral area wholly falls; and references in this Act to an elected councillor or to the election of any person or the nomination of any person for election as an elected councillor shall be construed as including references to a person appointed as a councillor in pursuance of this subsection or to the appointment of a person or the nomination of a person for appointment Qualifications for registration as voter and for election as an elected councillor. L.N. 634/1963, L.N. 105/1965, 31 of 1968, s. 2, 13 of 1970, s. 4, 19 of 1979, s. 9, 8 of 1982, s. 6, 11 of 1984, Sch., 1 of 1992, s. 8, 10 of 1997, Sch.
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