Local Government Act - Kenya Law Reports

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36 CAP. 265 Local Government [Rev. 2010 Members of the National Assembly not to be councillors. 11 of 1967, s. 4, 13 of 1970, s. 6, 1 of 1992. Resignation of councillors and filling of vacancies among nominated and appointed councilors. Vacation of office as councillor. 1 of 1992, s. 10. Absence of councillors from meetings. L.N. 634/1964. (2) If such a declaration is not made within two months after the election, nomination or appointment, as the case may be the office of the person elected, nominated or appointed shall at the expiration of that time become vacant. 62A. Notwithstanding the provisions of this Part, no person who is a member of the National Assembly shall be capable of being elected, nominated or appointed, or being, a councillor. 63. (1) A councillor elected, nominated or appointed to any office under this Act may at any time resign his office by writing signed by him and delivered to the clerk of the council, and his resignation shall take effect upon the receipt by that officer of such notice of resignation. (2) Whenever a vacancy is caused by the death, retirement, disqualification or resignation of a nominated or appointed councillor, the clerk shall forthwith notify the person by whom the nomination or appointment was made and such person may nominate or appoint another duly qualified person to fill the vacancy. 63A. (1) A councillor of a local authority who at his election as such stood with the support, or as a member, of a particular political party— (a) resigns from; or (b) otherwise leaves or ceases to be associated with that party, shall forthwith vacate his office as councillor and the Minister shall, after consultation with the relevant local authority, declare the office to be vacant. (2) Any person who is aggrieved by the declaration made under subsection (1) may, within twenty-eight days of the declaration being made, appeal in writing to a magistrate with power to hold a subordinate court of the first class in the area of the local authority and the magistrate may reject the appeal or set the declaration. 64. (1) If a councillor of a local authority without having obtained leave from the local authority, fails throughout a period of four consecutive months to attend any meeting (including committee meetings) of the local authority, he shall, unless the failure was due to some reason approved by the local authority, become disqualified from continuing to be a councillor of the local authority:
Rev. 2010] Local Government CAP. 265 37 Provided that attendance as a member at a meeting of any committee or subcommittee of the local authority, or at a meeting of any joint committee, joint board or other body to which any of the functions of the local authority have been delegated or transferred, shall be deemed for the purpose of this subsection to be attendance at a meeting of the local authority. (2) For the purposes of subsection (1) the period of four months shall be calculated from, and include, the date of the first meeting of the local authority or the committee, as the case may be, next after the last meeting at which the councillor was present. (3) Where any councillor of a local authority other than a councillor nominated by the Minister, leaves Kenya for a period of not less than two nor more than eight months, the local authority may coopt a fit and proper person to discharge the duties of such councillor during his absence: Provided that if a councillor or member of a local authority is absent from Kenya for a period exceeding eight months his seat shall become vacant. 65. (1) An elected councillor of a local authority shall vacate his seat on that authority if any circumstances arise that, if he were not such a councillor, would render him not qualified to be elected as such under section 53 or the Fifth Schedule or under any rules made under section 53B. (2) A councillor (other than an elected councillor) of a local authority shall vacate his seat on that authority— (a) if any circumstances arise that, if he were not such a councillor, would cause him to be disqualified to be nominated, appointed or otherwise selected as such councillor under the Fifth Schedule or any rules made under section 53B; or (b) in the case of a councillor belonging to a class of councillors for which by virtue of any rules made under section 53B (1) different disqualifications have been prescribed from those prescribed for other classes of councillors, if any circumstances arise that, if he were not a councillor of that class, would cause him to be disqualified under that law to be nominated, appointed or otherwise selected as such. (3) Where any councillor vacates his seat under this section the local authority shall at the next meeting declare the seat of that councillor Tenure of seats of councilors. L.N. 105/1965, 8 of 1982, s. 8. 10 of 1997, Sch.
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18,000 15,000 12,750 10,500 9,000 7
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