Local Government Act - Kenya Law Reports

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38 CAP. 265 Local Government [Rev. 2010 Appeal against declaration under section 10 of 1997, s. 66. Date of casual vacancies. 11 of 1967, s. 6, 8 of 1982, s. 9. to be vacated and shall forthwith notify the Electoral Commission of the vacancy; and the vacancy shall be a casual vacancy. 66. (1) Any councillor whose seat has been declared vacant by any local authority under section 65 may appeal against such declaration to a magistrate with power to hold a subordinate court of the first class in the area of that local authority, and the magistrate may reject the appeal or may set aside the declaration, and, subject to any rules made under this section may make such order as to costs as he may deem just. (2) Every appeal shall be made in the form of a petition in writing and shall be entered within fourteen days of the day on which the declaration is made, and a copy thereof shall within the same period be served upon the clerk to the local authority. (3) The local authority or councillor may within seven days of the magistrate’s decision or order, appeal to the High Court against such decision or order and the High Court’s decision thereon including any order as to costs, shall be final. (4) The Chief Justice may make rules regulating appeals under this section, and for matters incidental thereto and connected therewith. 67. For the purpose of filling a casual vacancy in any office for which an election is held under this Act or any rules made thereunder, the date on which the vacancy shall be deemed to have occurred shall be— (a) in the case of non-acceptance of office by any person who is required to sign a declaration under section 62, upon the expiration of the period appointed for the signing of the declaration; (b) in the case of resignation, upon the receipt of the notice of resignation by the clerk; (c) in the case of death, upon the date of the death; (d) in the case of disqualification by reason of a surcharge or conviction, upon the expiration of the ordinary period allowed for making an appeal or application with respect to the surcharge or conviction or, if an appeal or application is made, upon the date on which the appeal or application is finally disposed of or abandoned or fails by reason of nonprosecution thereof; (e) in the case of an election being declared void under section 61, upon the date of publication in the Gazette of the notice
Rev. 2010] declaring the election to be void; Local Government CAP. 265 39 (f) in the case of a person ceasing to be qualified to be a councillor of a local authority, or becoming disqualified for any reason other than those mentioned in paragraphs (a) to (e), or ceasing to be a councillor of the local authority under or by virtue of section 65, upon the date on which his office is declared by the local authority to be vacated. 68. (1) Whenever a casual vacancy occurs in the office of an elected councillor, the local authority concerned shall give notice of the vacancy in the prescribed manner and subject to this section, an election shall thereupon be held, in the same manner as an ordinary election, to fill the vacancy. (2) Where a casual vacancy occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs, an election under this section shall not be held to fill the vacancy, but the vacancy shall be filled at the next ordinary election: Provided that— (i) if upon a vacancy or a number of simultaneous vacancies so occurring, the total number of unfilled vacancies in the membership of the local authority exceeds one-third of the whole number of members, then unless the local authority proceeds or has proceeded under paragraph (ii), the provisions of this subsection shall not apply to that vacancy or to those vacancies; (ii) the local authority may co-opt a fit and proper person to discharge the duties of the member to whose office he is co-opted; and for the purpose of this Act and any rule made thereunder, such person shall be deemed to have been duly elected on an election to fill a casual vacancy to the office. (3) Where more than one casual vacancy in the office of a councillor in any electoral area is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have retired first, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly next have retired, and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot; and where more than one casual vacancy in any electoral area is filled at the same time by co-option under paragraph Filling of casual vacancies. 13 of 1970, s. 7.
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