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Local Government Act - Kenya Law Reports

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

[Rev. 2010<br />

so appointed, with or without restrictions or conditions, as the local<br />

authority thinks fit, any function exercisable by the local authority either<br />

with respect to the whole or any part of the area under the jurisdiction<br />

of the local authority, except the power of levying a rate, or borrowing<br />

money or of making by-laws.<br />

(2) Every councillor shall be elected by the council to serve<br />

on at least one committee and in appointing its committees a local<br />

authority shall, where political parties have taken part in an election,<br />

or where special interests have been nominated to the local authority<br />

under this <strong>Act</strong>, make its appointments in such a manner that each<br />

committee represents, so far as possible and reasonably practicable,<br />

the representation of the political parties or such special interests in<br />

the council.<br />

(3) The chairman and the vice-chairman of a local authority<br />

shall be ex officio members of every committee appointed by that local<br />

authority under this section.<br />

(4) The number of members of a committee appointed under<br />

this section, their term of office, and the area, if any, within which<br />

the committee is to exercise its authority, shall be fixed by the local<br />

authority appointing it.<br />

(5) A committee appointed under this section may include persons<br />

who are not members of the local authority:<br />

Provided that at least two-thirds of the members of every<br />

committee shall be members of the local authority.<br />

(6) Where the local authority has not appointed a chairman and<br />

a vice-chairman, each committee appointed under this section shall at<br />

its first meeting, before proceeding to any other business, elect its own<br />

chairman and may elect a vice-chairman and the election shall, in the<br />

event of equality of votes for two or more candidates, be determined<br />

by lot between those candidates.<br />

(7) Every member of a committee appointed under this section<br />

who at the time of his appointment was a member of the local authority<br />

by which he was appointed shall, upon ceasing to be a member of that<br />

authority, also cease to be a member of the committee:<br />

Provided that for the purposes of this section a member of a local<br />

authority shall not be deemed to have ceased by reason of retirement<br />

to be a member of the local authority, if he has been re-elected, renominated<br />

or re-appointed a member thereof not later than the day of<br />

his retirement.

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