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Local Government Act - Kenya Law Reports

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

[Rev. 2010<br />

Inspection of minutes<br />

and adjournment of<br />

meetings<br />

Staff committees<br />

and joint staff<br />

committees.<br />

of the subcommittee if, before that meeting they are confirmed<br />

at the meeting of the committee which appointed<br />

the subcommittee, or at a meeting of the local authority<br />

which appointed such committee by a majority of the<br />

members of the subcommittee who were present at the<br />

subcommittee meeting to which the minutes relate.<br />

(2) The minutes of the proceedings of a meeting of a committee, a<br />

subcommittee or a joint committee, when signed by a person describing<br />

himself as or appearing to have been the chairman of the meeting at<br />

which the minutes are confirmed, whether that meeting is a meeting<br />

of the committee, the subcommittee or the joint committee to which<br />

the minutes relate or a meeting of the local authority or committee at<br />

which the minutes of the committee or subcommittee, as the case may<br />

be, are confirmed shall in the absence of proof of error, be deemed to<br />

be a correct record of the proceedings of the meeting of which they<br />

purport to be the minutes.<br />

(3) The names of the members present at a meeting of a committee,<br />

a subcommittee or a joint committee shall be recorded in the minutes<br />

thereof.<br />

(4) Whenever the minutes of the proceedings of a committee, a<br />

subcommittee or a joint committee have been recorded and confirmed,<br />

such meeting shall, until the contrary is proved, be deemed to have<br />

been duly convened and held, and the committee, subcommittee or joint<br />

committee shall be deemed to have been duly constituted and to have<br />

had power to deal with the matters referred to in the minutes.<br />

102. Sections 82 and 83 shall, mutatis mutandis, apply respectively<br />

to the minutes of, and to adjournment of meetings of, a committee,<br />

subcommittee and joint committee:<br />

Provided that section 82 shall only apply to the minutes of a<br />

committee, subcommittee or joint committee which exercises delegated<br />

powers and to the minutes of any other committee, subcommittee or<br />

joint committee when such minutes have been adopted by the local<br />

authority.<br />

103. (1) Where a local authority has appointed a joint staff<br />

committee comprising representatives of both the local authority and its<br />

employees, subsection (5) of section 89 shall not apply to membership<br />

of such committee.<br />

(2) Where a local authority has appointed a staff committee or a<br />

joint staff committee then no representative of a local authority on such<br />

a committee shall be a person who is a member of a trade union whose

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