The second section discusses the implications on the structure and functions of government. Provincial administration and internal security association. Education level of councilors has been a major concern in kenya. The public finance management act, 2012 arrangement of sections sections.
Local governance act, 2016 ghana legal information institute. The africa centre for open governance africog has been concerned with the. The new york state department of state division of local government services. Urban authorities association of uganda local government is provided for by the local governments act 1997, and it is enshrined in chapter xi of the constitution. An act to amend, consolidate and streamline the existing law on local governments in line with the constitution to give effect to the decentralisation and devolution of functions, powers and services.
Local government act of 2001, chapter 265, it was proposed that local councilors should have a minimum qualification of the kenya certificate of secondary education or its equivalent. Local authorities may enter into agreement between them for purposes of joint management and control. Interpretation 1 in this act unless the context otherwise requires commercial building means a building, the whole or any part of which is. Mpi july 2018 pdf public procurement regulatory authority ppra. Wandegeya market under the caiipmatip project in the ministry of local government. Decentralizing public services 186 existing administrative arrangements 186 legal framework for managing county public services 187 balancing central control and local autonomy 190. Censure against member of district executive committee. So we pulled together our thoughts on local content in kenya. Kenya devolved government decentralization local governance. Western australian legislation local government act 1995. The republic of kenya is one of the countries in east africa and a member of the east african community. This act is administered by the department of internal affairs. The local governments act ministry of local government. Countryterritory kenya document type legislation date 2012 source fao, faolex long title an act of parliament to give effect to chapter eleven of the constitution.
An act to amend the local governments act, to take account of a judgment of the constitutional court. Insertion of new sections 168a, 168b and 168c of principal act. There is constitutional provision for county governments who may appoint urban boards, and the respective principal laws are the county governments act 2012. Local government act, 1993 act 462 act 462 local government act, 19931 an act to establish and regulate the local government system in accordance with the constitution and to provide for related matters. Shortly after i wrote that piece as luck would have it i met cindy oraro a bright young kenyan lawyer working with the dentons associate office in kenya, hhm oraro. Apart from the main legislation that governs all local authorities the local government act cap. Khyber pakhtunkhwa local government act, 20 page 2 an act to construct and regulate local government institutions in the province of the khyber pakhtunkhwa and to consolidate laws relating to these institutions and to provide for matters connected therewith and ancillary thereto. The principal act is amended by inserting immediately before section 169 the following 168a. Act local governments amendment act 2015 a by inserting immediately after subsection i, the followingla the chief administrative officer may transfer or post any employee of a local government within the district including an employee in a town councilor town board as applicable. The constitution of kenya has enhanced citizen participation and given the people a chance to. The constitution provides for a system of decentralisation and local governments, which is further consolidated in the local governments act 1997 cap. Transfer of functions act which provided the national government with the. Kenya devolved government decentralization local governance 2010.
Comparing kenya with international experience 175 gaps in the urban areas and cities act 176 chapter 15. The laws of zambia copyright ministry of legal affairs, government of the republic of zambia establish when used relating to the functions of a council, includes. Dentons local content in kenyas oil and gas industry. Short title this act may be cited as the environmental management and coordination act, 1999. Act to provide for an integrated and coordinated disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, emergency preparedness, rapid and effective. In urban settings, there are city, municipal, divisiontown, ward and cell councils. Transfer of functions and powers between levels of.
County governments manual for commercial financing of the water and sanitation sector of kenya november 2015 water and sanitation program. Kenyan officials enjoy broad legal authority to impose various forms of restrictions during public health crises. The employment act, 2007 1 the employment act, 2007 arrangement of sections sections part. Mayors of municipal councils should possess a university degree from a recognized university. The county governments act, 2012 1 the county governments act, 2012 arrangement of sections section part i preliminary 1short title and commencement. Part one districts and district assemblies establishment 1. For county governments to run smoothly, parliament passed the following laws on devolution. This act provides with respect to local government and local authority i.
Revised edition 2010 1998 published by the national council for law reporting with the authority of the attorney general. An act to amend the local governments act to provide for the procedure of elections for administrative unit councils and committees. Local authorities in kenya are the bodies controlling local governance in urban areas in kenya from the 20 general elections onwards kenya will have three classes of local authorities. Summary kenya kenya is a democratic republic with two spheres of government.
Government of the republic of zambia establish when used relating to the functions of a council, includes acquire, erect, build, construct, name, hire, equip and furnish. In the 202014 financialyear, the national government allocated percent of revenue to county governments12. The scale, scope and complexity of kenyas devolution. We discussed many things including what was happening in the oil and gas sector in east africa. For the avoidance of doubt a person shall not be a member of a. Act local governments amendment act 2015 9 the approved budget shall take effect on the 1st day of july in each year. Application of the principles and objects of the act. The 1977 local government act cap 265 of the laws of kenya provides for the local government system in kenya in terms of the mandate, management and operations of local authorities.
The intergovernmental relations act, 2012 7 level of government. Kenya loses 5,500 mothers each year due to pregnancy and birthrelated complications. This sets the tone for the team work that will be required for its effective implementation. Section 82 of the principal act is amended by repealing subsection 4. The public procurement and asset disposal act, 2015. Kenya is a democratic republic with two spheres of government. An act to provide for local governance in accordance with the constitution. It is a sign of respect in kenya to lower your eyes when greeting someone of a higher status or someone who is. Municipality and town to be lower local governments. Now therefore be it enacted by the parliament of kenya, as follows part i preliminary 1. The local government system in zimbabwe has experienced many changes and challenges during the colonial period and after independence in 1980.
Declaration of entities as national government entities. Uganda online law library 1 the kampala capital city act, 2010 arrangement of sections section part ipreliminary. Local government of uganda commonwealth governance. County governments manual for commercial financing of the. Provisions affecting application of amendments to this act.
Meaning of councilcontrolled organisation and council organisation. The urban and rural district council acts have been. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. Introduction the existence of local government has always been defended on the basis that it is a crucial aspect of the process of democratization and intensification of mass participation in the decisionmaking process. Local government rating act 2002 no 6 as at 21 march. Published by the national council for law reporting with the.
The constitution of kenya 2010 establishes a legislature that is fundamentally different in terms of structure, membership and powers the legislature exists at both the national and county level at the national level, there is established a twochamber parliament consisting of the national assembly and the senate. The government of the republic of kenya gok is the national government of the republic of kenya which is composed of 47 counties, each county with its own semiautonomous governments. It borders uganda, tanzania, south sudan, somali, ethiopia, and the indian ocean. Principles of devolved government kenya law reform. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The principles and objects provided under sections 3, 4, and 5 shall apply to. The county governments act, 2012 8 the county governments act, 2012 an act of parliament to give effect to chapter eleven of the constitution. Note 4 at the end of this reprint provides a list of the amendments incorporated. Department of local government, racing and multicultural affairs. Uganda is a democratic republic with a governance system comprising national and local governments. The third is on public financial management, and the fourth and final section is on implementation issues. The local governments amendment act, 2015 uganda legal.
Decentralization in kenya background note september 2010. Apr 25, 2017 what type of government does kenya have. Ben kumumanya and caostcs during the caos quarterly meeting at hotel africana, on 15th february,2018. Local government act fusing together civic and administrative functions. An act of parliament to provide a framework for the transition to devolved government pursuant to section 15 of the sixth schedule to the constitution, and for connected purposes enacted by the parliament of kenya, as follows part 1 preliminary short title. The constitution authorizes the head of state to declare a state of emergency and put in place wideranging public security preservation measures, including restrictions on movement and assembly, appropriation of private property and labor, and restrictions on entry into. Declaration of entities as county government entities.
There is constitutional provision for county governments who may appoint urban boards, and the respective principal laws are the county governments act 2012 and the urban areas and cities act 2011. Subject to the urban areas and cities act of 2011, there are three authorities with city status. Department of local government, sport and cultural industries. In summary, the preparation of the national disaster management plan exemplifies team work that spans across different parts of the national and state governments, civil society organizations and the academia. Urban areas and cities act provisions on powers and functions of city and municipal boards. Association of county governments of kenya before the constitution of august 2010 local government was provided for by the local government act 1977, and not enshrined in the constitution. Local government act 2002 no 84 as at 26 march 2020. Local government handbook new york department of state.
Part ii county governments 5functions of county governments. Act 16 local governments amendment act 2010 6 a subcounty or city division council may, within its area of jurisdiction with the approval of the district or city council and at the request of or in consultation with the relevant parishes or wards and with the approval of the minister, alter the boundaries of or create a new parish or ward. This, in turn, led to the enactment of the national accord and reconciliation act 2008 as the roadmap for ending the political crisis. In particular, the ministry of special programmes is indebted to the consultants, ministries, stakeholders, and. In a draft preliminary bill on local government act of 2001, chapter 265, it was proposed that local councilors should have a minimum qualification of the kenya certificate of secondary education or its equivalent. The united republic of tanzania the local government finances act, 1982 this edition of the local government finances act, 1982 incorporates all the amendments made to it since its enactments in 1982 up to 30th june, 2000 and is printed under the authority of section 18 of the interpretation of laws and general clauses act, 1972. The minister shall have the power to establish municipalities, counties or townships. Minister for local government, minister for racing and minister for multicultural affairs agency.
Short title and commencement this act may be cited as the county governments act, 2012 and shall come. Local governments act 1997 uganda legal information. This act may be cited as the transition t o devolved government act, 2012. Transfer of functions act which provided the national government. Purpose of local government, and role and powers of local authorities. A local authority may, for the purpose of any of its functions under this or. New york state has a tradition of home rule authority and providing citizens with a strong voice in their local governments. Interpretation in this act, unless the context otherwise requires air quality means the concentration prescribed under or pursuant to this. Agreement on the principles of partnership of the coalition government. Pdf devolved government and local governance in kenya. An introduction to the county governments of kenya.