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- Is amended by 24th Annual Supplement
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LAWS OF KENYA
URBAN AREAS AND CITIES ACT
CAP. 275
- Published in Kenya Gazette Vol. CXIII—No. 90 on 9 September 2011
- Assented to on 27 August 2011
- Commenced on 9 March 2013 by Declaration of Persons Elected President and Deputy President
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
- [Amended by Public Finance Management Act (Cap. 412A) on 27 August 2012]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2016 (Act No. 7 of 2016) on 10 May 2016]
- [Amended by Urban Areas and Cities (Amendment) Act, 2019 (Act No. 3 of 2019) on 28 March 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
2. Interpretation
3. Objects and purposes of the Act
Part II – CLASSIFICATION AND ESTABLISHMENT OF URBAN AREAS AND CITIES
4. General classification of urban areas and cities
An area may be classified as an urban area or city if it satisfies the criteria set out under this Act or any other written law.4A. Boundaries of urban areas and cities
5. Criteria for classifying an area as city
6. Management and infrastructure in the capital city
7. Conferment of city status
The President may, on the resolution of the Senate, confer the status of a city on a municipality that meets the criteria set out in section 5, by grant of a charter in the prescribed form.8. Application for conferment of city status
9. Conferment of municipal status
10. Eligibility for grant of a town status
10A. Eligibility for grant of the status of market centre
10B. Delineation of boundaries of a market
10C. Management of a market centre
A market centre shall be governed and managed by the county government.[Act No. 3 of 2019, s. 7.]Part III – GOVERNANCE AND MANAGEMENT OF URBAN AREAS AND CITIES
11. Principles of governance and management
The governance and management of urban areas and cities shall be based on the following principles—12. Structures and management of cities, municipalities
13. Boards of cities
13A. Appointment of Secretary of the Board of a city
14. Boards of municipalities
15. Term of office
A member of a board shall hold office for a term of five years, on a part-time basis.16. Vacation of office
A member of a board shall cease to hold office if the member—17. Chairperson and vice-chairperson of the Board
18. Removal from office
19. Filling of vacancy
A vacancy in the office of a Chairperson, vice-chairperson or a member of the board shall, with necessary modification, be filled in accordance with section 13 or 17 of this Act as the case may be.20. Governance and management functions of a board
21. Powers of boards of cities and municipalities
22. Citizen Fora
23. Ordinary and special meetings of a board
24. Management of information and publicity
25. Remuneration of members of a board
The Chairperson, vice-chairperson and members of a board or town committee shall not receive a salary from the board or town committee but shall be paid such allowances and benefits as the county executive committee shall, with the approval of the county assembly, and on the advice of the Salaries and Remuneration Commission, determine.[Act No. 12 of 2012, Sch.]26. Committees of a board
A board may—27. Management of city county
A city county shall be governed and managed in the same manner as a county government in accordance with the County Governments Act (Cap. 265).[Act No. 3 of 2019, s. 15.]28. City or municipal manager
There shall be a city or municipal manager for every city or municipality established under this Act, who shall implement the decisions and functions of the board and shall be answerable to the board.29. Appointment of city or municipal manager
A city or municipal manager shall be competitively recruited and appointed by the county public service board established under section 57 of the County Governments Act (Cap. 265).[Act No. 3 of 2019, s. 16.]30. Qualifications for appointment of city or municipal manager
31. Governance and management of towns
31A. Functions of a town committee
The functions performed by the board of a city or a municipality specified under section 20(1) shall be performed by the town committee.31B. Appointment of an administrator
Part IV – DELIVERY OF SERVICES
32. Service delivery by a board
33. Partnership and joint ventures
34. Service delivery in towns
The provisions of this Part shall, with necessary modifications, apply in the case of the delivery of services in towns by the town committee.35. Objections by residents
A resident may object to any partnership or joint venture under section 33 in accordance with the regulations made under this Act.Part V – INTEGRATED DEVELOPMENT PLANNING
36. Objectives of integrated urban areas and city development planning
37. Plan to align to county government plans
A city or urban area integrated development plan shall be aligned to the development plans and strategies of the county governments.38. Preparation of integrated city or urban development plans
A city or urban area shall prepare an integrated city or urban area development plan in accordance with the Third Schedule to this Act.[Act No. 12 of 2012, Sch.]39. Adoption of an integrated development plan
40. Contents of integrated city and urban area development plan
An integrated urban area or city development plan shall reflect—41. Submission of integrated cities and municipal development plan to the county governor
42. Annual review of integrated development plan
A city or municipal board shall review its integrated development plan annually to assess its performance in accordance with performance management tools set by it under this Part, and may amend the plan where it considers it necessary.Part VI – FINANCIAL PROVISIONS
43. Funds of a board
44. Financial year
The financial year of a board or town committee shall be the period of twelve months ending on the thirtieth June in each year.45. Annual estimates
46. Accounts and audit
47. Audit report to be laid before board or town committee
48. Display of audited financial statement
The board shall cause its audited annual financial statement to be posted in full in a conspicuous place in the board’s offices, or in two widely circulated newspapers and, on the board’s website.49. Pension Schemes
All officers of a board shall, on the commencement of this Act, subscribe to an existing pension scheme approved by the Retirement Benefits Authority.[Act No. 12 of 2012, Sch.]Part VII – MISCELLANEOUS PROVISIONS
50. Disclosure of personal interest by officers
If it comes to the knowledge of an officer employed by a board that a bargain, contract or arrangement in which he or she has any direct or indirect pecuniary interest (other than a bargain, contract or arrangement to which he or she is a party) has been or is proposed to be made or entered into by the board, that officer shall as soon as practicable give notice in writing to the board disclosing the fact that he or she has interest therein.51. Board to furnish county executive with copies of proceedings
Every board shall furnish the county executive committee and any other person as the county executive committee may designate, with certified copies of—52. Protection against personal liability
53. Regulations
Part VIII – TRANSITIONAL PROVISIONS
54. Assessment and classification of existing urban areas and cities
During the transition period assessment shall be undertaken on the existing urban areas and cities in order to ascertain whether they meet the criteria for classification as urban areas or cities under this Act, and shall be classified accordingly.55. Rights and liabilities
All rights, assets and liabilities accrued in respect of the properties vested in the local authorities established under the Local Government Act (Repealed) which shall stand repealed after the first election under the Constitution shall be dealt with as provided by law.56. Existing bye-laws and orders of local authorities
All directions, resolutions, orders and authorizations given by by-laws made, and licenses or permits issued by the local authorities established, under the Local Government Act (Repealed) and subsisting or valid immediately before the commencement of this Act shall be deemed to have been given, issued or made by the boards established pursuant to this Act, as the case may be, until their expiry, amendment or repeal.57. Staff, officers, etc.
Every person who, immediately before the commencement of this Act was an officer, agent or member of staff appointed, seconded or otherwise employed by a local authority shall, on the commencement of this Act be seconded or otherwise deployed as may be provided by law.58. Existing contracts, etc.
Any act, matter or thing lawfully done by any local authority before the commencement of this Act and any contract, arrangement, agreement, settlement, trust, bequest, transfer, division, distribution or succession affecting any service delivery, trade of any form, sale or dealings on land or any other matter affecting assets, liabilities or property belonging to any local authority whether moveable, immoveable or intellectual property shall, unless and until affected by the operation of this Act, continue in force and be vested in a body established by law.59. Pending actions and proceedings
Any legal right accrued, cause of action commenced in any court of law or tribunal established under any written law in force, or any defence, appeal, or reference howsoever filed by or against any local authority shall continue to be sustained in the same manner in which they were prior to the commencement of this Act against a body established by law.60. Municipalities of Mombasa and Kisumu
Notwithstanding any other provisions of this Act, the municipalities of Mombasa and Kisumu existing immediately before the commencement of this Act shall be deemed to be cities established under this Act.61. Charges and rates
Until such time as a new law relating to imposition of rates and charges is enacted, urban areas and cities may continue to impose rates and charges under the law for the time being in force in relation thereto with necessary modifications.[Act No. 7 of 2016, Sch.]History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
28 March 2019
10 May 2016
09 March 2013
27 August 2012
Amended by
Public Finance Management Act
12 July 2012
09 September 2011
27 August 2011
Assented to
Documents citing this one 218
Gazette 127
Judgment 68
Bill 7
Act 6
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Legal Notice 6
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