Local Government Act - Kenya Law Reports

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392 CAP. 265 Local Government [Rev. 2010 [Subsidiary] Remuneration of Board members. Limitation of liability of the Board. Protection against financial loss. Managing Trustee. Secretary. Cap. 534. Staff of the Trust. regulate their own procedure. 23. The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as the Board may determine: Provided that the record of such expenditure shall be laid before the members at the next annual general meeting of the Trust for noting. 24. The Board shall not be required to effect any payment or perform any obligation under the trusts unless it shall have been notified by the sponsor or by the member or beneficiary concerned of all events giving rise to or affecting the incidence of such liability or obligation. 25. The Board may take such steps as it may deem appropriate to protect the Trust and the individual assets comprising the same against any manner of insurable risk or financial loss, which might arise out of negligence or default, wilful or otherwise, of the Board, officers, administrators, managers or custodians or other professional advisors, either by way of guarantee provided by the sponsors or by way of such insurance and in such amount as the Board shall determine. 26. (1) There shall be a Managing Trustee of the Trust who shall be appointed by the Board, and whose terms and conditions of service shall be determined by the Board in the instrument of appointment or otherwise in writing from time to time. (2) The Managing Trustee shall be— (a) the chief executive officer of the Trust; (b) responsible to the Board for the administration and management of the Trust. 27. (1) There shall be a Secretary of the Trust, who shall be a person duly qualified under the provisions of the Certified Public Secretaries Act, and who shall be appointed by the Board, and whose terms and conditions of service shall be determined by the Board in the instrument of appointment or otherwise in writing from time to time. (2) The Secretary shall— (a) perform such duties as the Board may assign from time to time and in performance of such duties, the Secretary shall be responsible to the Managing Trustee; (b) have custody of the minute books and legal documents of the Trust. 28. The Board may appoint such officers, agents and other staff of the Trust as may be necessary for the proper discharge of its functions under these Rules or any other written law, upon such terms and conditions of service as
Rev. 2010] Local Government CAP. 265 393 the Board may determine, and the Board shall exercise disciplinary control over such officers, agents or staff. 29. The Board shall exercise administrative and management responsibilities over the Trust through the Managing Trustee acting under authority delegated by the Board. 30. (1) The common seal of the Trust shall be kept in the custody of the Managing Trustee, or of such other person as the Board may direct, and shall not be used except upon the order of the Board. (2) The common seal of the Trust, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given. (3) The affixing of the common seal of the Trust shall be authenticated by the signature of the Managing Trustee and the Secretary: Provided that the Board shall, in the absence of either the Managing Trustee or the Secretary, in any particular matter, nominate one member of the Board to authenticate the seal of the Board on behalf of either the Managing Trustee or the Secretary. (4) In all other respects, the Managing Trustee shall execute all legal documents on behalf of the Board, and the execution shall be witnessed by the Secretary. part Iv—truSt adMINIStratION aNd FINaNCe 31. The financial year of the Board shall be the period of twelve months ending on the thirty first day of December in each year. 32. (1) The Board shall, within six months of the end of the financial year of the Trust, convene an annual general meeting of the Trust to be attended by delegates representing each of the categories of members and sponsors of the Trust. (3) The Board shall make regulations to provide for the procedure for the conduct of annual general meetings and all matters incidental thereto. 33. Notice of every annual general meeting shall be given in such manner as may be prescribed by the Board in the regulations made in accordance with rule 32 (3) to— (a) two members’ representatives elected from each branch of the body currently recognized by the Government as representing members of staff of local authorities and associated organisations; (b) one members’ representative elected from each branch of the body recognized by the Government as representing pensioners of the Trust; [Subsidiary] Administration of the Trust. The common seal of the Trust. Financial year. Annual General Meeting. Convening of annual general meeting.
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LAWS OF KENYA The LocaL GovernmenT
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Rev. 2010] Section Local Government
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Rev. 2010] 114,000 95,000 80,750 66
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Rev. 2010] 48,000 40,000 34,000 28,
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