Kapsabet Municipality

Kapsabet Municipality

Municipality Board Members

Dr. Charles Lagat

BOARD CHAIR

Ms. Janet Jeruto

VICE CHAIR BOARD (YOUTH REPRESENTATIVE)

Mr. Donald Koros

PWDs REPRESENTATIVE

Ms. Aileen Loitobir

LOCAL-URBAN REPRESENTATIVE

Mr. Kasmir Sang

INFORMAL SECTOR/KIOSKS OPERATORS ASSOCIATION REPRESENTATIVES

Ms. Ruth Koech

NEIGHBORHOOD/KAPSABET LAND OWNERS ASSOCIATION

Mr. Geoffrey Koros

PROFESSIONAL ASSOCIATION

Mr. David K. Sum

MUNICIPAL MANAGER

Mrs. Emily Sigot

PROFESSIONAL ASSOCIATION

MUNICIPAL CHARTER

COUNTY GOVERNMENT OF NANDI

PREAMBLE

WHEREAS—

 

Article 2 of the Constitution provides that the Constitution is the supreme law of the Republic of Kenya and binds all persons and all State organs at both levels of government;

 

Article 184 of the Constitution of Kenya 2010 mandated parliament to enact legislation to provide inter alia the criteria for classifying areas as urban areas and cities, establishing the principles of governance and management of urban areas and cities and to provide for participation by residents in the governance of urban areas and cities within 1 year of the promulgation of the Constitution;

 

Parliament enacted the Urban Areas and Cities Act in the year 2011 which legislation had an effective date falling after the first elections held under the Constitution of Kenya, 2010;

 

Section 9 of the Urban Areas and Cities Act, 2011, empowers the Governor, on the resolution of the County Assembly, to confer on a qualifying town, the status of a Municipality by grant of a Charter; and

 

The County Assembly of Nandi duly approved the motion for conferment of the status of a municipality on Kapsabet town for grant of this Charter.

 

 

 

 

 

 

 

 

 

 

 

 

NOW THEREFORE IN EXERCISE of the powers conferred by Section 9 (1) of the Urban Areas and Cities Act, (No. 13 of 2011), as complemented by Section 72 of the Interpretations and General Provisions Act (Chapter 2) and all other enabling provisions of law, the County Governor of Nandi HEREBY GRANTS Kapsabet Municipality this Municipal Charter on this ……………………… day of ……………………………. 2017.

 

SIGNED BY THE GOVERNOR:

 

 

 

………………………………………………

STEPHEN KIPYEGO SANG

 

Sealed by the Common Seal of the County Government of Nandi

 

 

 

 

 

 

 

  1. INTERPRETATION

 

  • MEANING OF WORDS USED

 

  • In this Charter, unless the context otherwise requires—

“Board” means the Board of Kapsabet Municipal established under Article 4 of this Charter;

“County Assembly” means the County Assembly of Nandi established under Article 176 of the Constitution;

“County Executive Committee” means the means the County Executive Committee of Nandi established in accordance with Article 176 of the Constitution;

“County Executive Committee Member” means the County Executive Committee Member responsible for administration;

“County Revenue Fund” is the Nandi County Revenue Fund established under Article 207 of the Constitution as read with Section 109 of the Public Finance Management Act, 2012;

“Citizen fora” means a forum for citizens organized for purposes of participating in the affairs of the Municipality;

“County Government” means the County Government of Nandi as established under Article 176 of the Constitution;

“County Public Service Board” means the County Public Service Board of Nandi as established under Section 57 of the County Government Act, 2012;

“Manager” means the Municipal Manager of Kapsabet Municipality; and

“Municipality” means the Kapsabet Municipality of the County Government of Nandi.

 

  1. INCORPORATION, NAME AND BOUNDARIES

 

  • INCORPORATION AND NAME
    • This is the Municipal Charter of Kapsabet Municipality, within the County Government of Nandi, Kenya.
    • All processes affecting the Municipality shall be served on the Municipal Manager or acting Municipal Manager, and in the absence of both of said officers, on the Secretary of the Board of the Municipality.

 

  • BOUNDARIES
    • The boundaries of Kapsabet Municipality as now existing or as may subsequently be altered shall be the boundaries of Kapsabet Municipality.
    • Notwithstanding the provisions of paragraph 2.2.1., the frontiers or boundaries of the municipality shall be delineated as provided in the map under the Schedule.

 

  1. POWERS, OBJECTS AND FUNCTIONS OF THE MUNICIPALITY

 

  • POWERS OF THE MUNICIPALITY
    • Kapsabet Municipality shall have all the powers, general and special, governmental or proprietary, expressed or implied, which may be possessed or assumed by municipalities under the Urban Areas and Cities Act, 2011, the County Government Act, 2012, and the County of Nandi legislative provisions.
    • No enumeration of specific powers in this Charter shall be held to be exclusive. All such powers shall be exercised in the manner prescribed in this Charter, or, if not prescribed herein, in such manner as Board of the Municipality may determine, or, unless a contrary intent appears in this Charter or in the By-laws and Resolutions of the Board of the Municipality, in such manner as may be provided by the County of Nandi legislative provisions.

 

  • OBJECTS OF THE MUNICIPALITY
    • The objectives of the Municipality are to—
  • provide for efficient and accountable management of the affairs of the Municipality; and
  • provide for a governance mechanism that will enable the inhabitants of the Municipality to–
  • participate in determining the social services and regulatory framework which will best satisfy their needs and expectations;
  • verify whether public resources and authority are utilized or exercised, as the case may be, to their satisfaction; and
  • enjoy efficiency in service delivery;
  • vigorously pursue the developmental opportunities which are available in the Municipality and to institute such measures as are necessary for achieving public order and the provisions of civic amenities, so as to enhance the quality of life of the inhabitants of the Municipality;
  • provide a high standard of social services in a cost effective manner to the inhabitants of the Municipality;
  • promote social cohesiveness and a sense of civic duty and responsibility among the inhabitants and stakeholders in the Municipality in order to facilitate collective action and commitment towards achieving the goal of a harmonious and stable community;
  • make provision of services, laws and other substantive sequences for the Municipality’s benefit; and
  • foster the economic, social and environmental well-being of its community.

 

  • FUNCTIONS OF THE MUNICIPALITY
    • Kapsabet Municipality shall, within the boundaries of the Municipality, perform the following functions—
  • promotion, regulation and provision of refuse collection and solid waste management services;
  • promotion and provision of water and sanitation services and infrastructure (in areas within the Municipality not served by a water and sanitation provider);
  • construction and maintenance of urban roads and associated infrastructure;
  • construction and maintenance of storm drainage and flood controls;
  • construction and maintenance of walkways and other non-motorized transport infrastructure;
  • construction and maintenance of recreational parks and green spaces;
  • construction and maintenance of street lighting;
  • construction, maintenance and regulation of traffic controls and parking facilities;
  • construction and maintenance of bus stands and taxi stands;
  • regulation of outdoor advertising;
  • construction, maintenance and regulation of Municipal markets and abattoirs;
  • construction and maintenance of fire stations; provision of fire-fighting services, emergency preparedness and disaster management;
  • promotion, regulation and provision of Municipal sports and cultural activities;
  • promotion, regulation and provision of animal control and welfare;
  • development and enforcement of Municipal plans and development controls;
  • provision of Municipal Administrative services (including construction and maintenance of administrative offices);
  • promoting and undertaking infrastructural development and services within the Municipality; and
  • any other functions as may be delegated by the County Executive Committee Member.

 

  1. THE BOARD OF THE MUNICIPALITY

 

  • ESTABLISHMENT OF THE BOARD
    • There shall be a Board of Kapsabet Municipality.
    • The Board of the Municipality shall be a corporate body with perpetual succession and common seal and shall in its own corporate name, be capable of–
  • suing and being sued;
  • taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
  • borrowing money or making investments within the limits imposed by the Constitution, the Public Finance Management Act, 2012, County legislation and any other written law;
  • entering into contracts; and
  • doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban Areas and Cities Act, 2011, or any other written law which may lawfully be done or performed by a body corporate.
    • There shall be a principal and agency relationship between the Board of the Municipality and the County Government of Nandi.

 

  • POWERS AND FUNCTIONS OF THE BOARD OF THE MUNICIPALITY
    • The Board of the Municipality shall have all the powers and shall perform all the functions vested in boards of municipalities under the Urban Areas and Cities Act, 2011, the County Government Act, 2012, and the Municipality By-laws.
    • Except as this Charter otherwise provides, all powers of the Municipality shall be vested in the Board of the Municipality.
    • The Board of the Municipality shall exercise these powers and perform duties and obligations imposed on it by law and especially–
  • the carrying out by the Board of such functions as may be delegated by the County Government;
  • financial accountability to the County Government;
  • the governance by the Board for and on behalf of the County Government;

 

  • promotion of accountability to the County Government and residents of the Municipality;
  • institutionalised active participation by its residents in the management of the Municipality;
  • efficient and effective service delivery; and
  • clear assignment of functions by the relevant agencies.
    • Subject to the Constitution and any other written law, the Board of the Municipality shall, within the boundaries of Kapsabet Municipality–
  • exercise executive authority as delegated by the County Executive Committee of the County Government;
  • ensure provision of services to its residents;
  • impose such fees, levies and charges as may be authorized by the County Government for delivery of services by the Municipality;
  • promote Constitutional values and principles;
  • ensure the implementation and compliance with policies formulated by both National and County Government;
  • make recommendations for issues to be included in County legislation;
  • ensure participation of the residents in its activities, decision making and programmes; and
  • exercise such other powers as may be delegated by the County Executive Committee Member.
    • Notwithstanding any other provision of law or this Charter, the Board of the Municipality shall exercise such executive authority as may be lawfully delegated by the County Executive Committee for the necessary performance of its functions.
    • The Board of the Municipality shall perform the following functions–
  • oversee the affairs of the Municipality;
  • develop or adopt policies, plans, strategies and programmes and set targets for service delivery;
  • formulate and implement an integrated development plan;
  • control land, land sub-division, land development and zoning by public and private sectors for any purpose, including industry, commerce, markets, shopping and other employment centers, residential areas, recreational areas, parks, entertainment, passenger transport, agriculture, freight and transit stations, within the framework of the spatial and master plans for the Municipality as delegated by the County Government;
  • promoting and undertaking infrastructural development and services within the Municipality as delegated by the County Government;
  • developing and managing schemes, including site development in collaboration with the relevant national and County agencies;
  • maintaining a comprehensive database and information system of the Municipal administration;
  • administering and regulating its internal affairs;
  • implementing national and County legislation;
  • entering into contracts, partnerships or joint ventures as it may consider necessary for the discharge of its functions;
  • monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the Board of the Municipality;
  • preparing and submitting its annual budget estimates to the relevant County Treasury for consideration and submission to the County Assembly for approval as part of the annual County Appropriation Bill;
  • settling and implementing tariff, rates and tax and debt collection policies as delegated by the County Government;
  • monitoring the impact and effectiveness of any services, policies, programs or plans;
  • establishing, implementing and monitoring performance management systems;
  • promoting a safe and healthy environment;
  • facilitating and regulating public transport; and
  • performing such other functions as delegated by the County Executive Committee Member.

 

  • COMPOSITION AND TERM OF THE BOARD
    • The Board shall be composed of nine (9) members.
    • Four (4) members of the Board of the Municipality shall be appointed through a competitive process by the County Executive Committee and shall be approved by the County Assembly.
    • Five (5) members of the Board shall be nominated by–
  • an umbrella body representing professional associations in the area;
  • an association representing the private sector in the area;
  • a cluster representing registered associations of the informal sector in the area;

       (D) a representative of people with disability nominated by Council for People with 

            Disability.

(E) a representative of Youth Nominated by National Youth Council(Nandi Chapter).

and appointed by the County Executive Committee with the approval of the County Assembly.

  • In appointing members of the Board of the Municipality, the County Executive Committee shall ensure gender equity, representation of persons with disability, youth and marginalized groups.
  • The term of the members of the Board of the Municipality shall be five (5) years on a part-time basis.

 

  • ELIGIBILITY FOR APPOINTMENT AS A MEMBER OF THE BOARD
    • Each member of the Board shall have the following qualifications—
  • be a Kenyan citizen;
  • be ordinarily resident or have a permanent dwelling within the Municipality;
  • carry on business in the municipality; or
  • have lived in the municipality for at least five (5) years.

 

  • CHAIRPERSON AND VICE-CHAIRPERSON OF THE BOARD
    • At the first regular meeting of the Board, and subsequently whenever a vacancy arises, the members of the Board shall elect from amongst themselves, a Chairperson and a vice-chairperson, who shall be of opposite gender.
    • The Chairperson and vice-chairperson of the Board shall hold office for a term of five (5) years.

 

  • POWERS AND FUNCTIONS OF THE CHAIRPERSON AND VICE-CHAIRPERSON
    • The Chairperson of the Board shall—
  • be the head of the Board;
  • chair the meetings of the Board; and
  • perform such other duties as may be delegated by the Board.
    • The Vice-Chairperson shall, in the absence of the Chairperson, perform the functions of the Chairperson and shall perform such other functions as may be delegated by the Chairperson.

 

  • REMOVAL FROM OFFICE
    • A person may be removed from the office of chairperson, vice chairperson or a member of the Board on any of the following grounds—
  • is unable to perform the functions of the office by reason of mental or physical infirmity;
  • is declared or becomes bankrupt or insolvent;
  • is convicted of a criminal offence and sentenced to a term of imprisonment of six (6) months or more;
  • resigns in writing to the Governor;

 

  • without reasonable cause, the member is absent from three (3) consecutive meetings of the Board within one (1) financial year;
  • is found guilty of professional misconduct by the relevant professional body;
  • is disqualified from holding a public office under the Constitution;
  • is convicted of an offence and is sentenced to imprisonment for a term of six (6) months or more;
  • in any particular case, the member fails to declare his or her interest in any matter being considered or to be considered by the Board;
  • engages in any gross misconduct; or
    • A person may be removed under sub–Article 3.7.1.—
  • by the Governor;
  • by the Board, supported by the vote of at least two-thirds of the members of the board; or
  • upon petition by the residents of the Municipality.
    • A resident of the Municipality may file a petition with the Board for the removal of a chairperson or vice chairperson.
    • The procedure for the removal or petition for removal of a chairperson or vice chairperson under sub–Articles 3.7.2. and 3.7.3. shall be provided for by regulations under the Urban Areas and Cities Act, 2011, and in the absence thereof in accordance with Kenyan law having regard to fair labour practices.
    • 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 Articles 3.3 and 3.5.

 

  • SECRETARY OF THE BOARD OF THE MUNICIPALITY
    • At the first regular meeting of the Board, members of the Board shall elect a Secretary from amongst themselves.
    • Where the Secretary of the Board is absent from any meeting, the members shall appoint a Secretary from amongst themselves for purposes of that meeting.

 

  • COMMITTEES OF THE BOARD OF THE MUNICIPALITY
    • The Board of the Municipality may—
  • establish such Committees for any general or special purpose which, in its opinion, would regulate or manage its affairs more efficiently and as may be necessary for the performance of its functions under the Urban Areas and Cities Act, 2011;
  • delegate to such Committee such functions as are necessary for the efficient performance of its duties in respect to the whole or any part of the area under the jurisdiction of the Board; and
  • include persons who are not members of the Board in any Committee.
    • The Committees of the Board to which members of the Board delegates any of their powers and functions must follow procedures which are based, as a far as they are applicable, on the provision of this Charter which govern the making of decisions and performance of functions by the Board.

 

  • REMUNERATION OF THE MEMBERS OF THE BOARD
    • The chairperson, vice chairperson and members of a Board shall not receive a salary from the Board 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.

 

  • ORDINARY AND SPECIAL MEETINGS OF THE BOARD
    • The Board shall hold its sittings to transact the business of the Board once every three (3) months.
    • Notwithstanding Article 3.11.1., the Chairperson of the Board may, and upon request in writing by at least one-third of the members of the Board, convene a special meeting to transact any urgent business of the Board.
    • All regular meetings of the Board called for the purpose of transacting public business, where a majority of the members elected are present, shall be open to the public.
    • The Board shall have the privilege of holding executive sessions from which the public is excluded but no by-laws, resolutions, rules or regulations shall be finally adopted at such an executive session.

 

  • QUORUM
    • A majority of the members of the Board is a quorum to conduct business, but a smaller number may meet and compel attendance of absent members as prescribed by the Board’s Rules.
    • A member of the Board who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board, shall not be counted as participating in the discussions or decision–making, and is not entitled to vote on, or agree to the subject or transaction relating to it.
    • 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.

 

  • RULES OF THE BOARD
    • The Board shall by resolution adopt rules to govern its meetings.

 

  • RECORD OF INFORMATION OF THE BOARD
    • The minutes and other information of the Board shall be kept by the Secretary of the Board.
    • Access to information on the activities and resolutions of the Board shall be as provided under the Urban Areas and Cities Act, 2011.

 

  • CITIZEN FORA
    • The Board shall ensure the development of mechanisms for the participation of the residents of the Municipality in the management and administration thereof.
    • All recommendations from the Citizen Fora of the Municipality shall be forwarded to the Board for deliberation.
    • All recommendations on issues raised in the Citizen Fora and addressed and/or resolved by the Board shall be forwarded to the Municipal Manager for implementation.
    • Without prejudice to the foregoing, residents of the Municipality may―
  • deliberate and make proposals to the relevant bodies or institutions on—
  • the provision of services;
  • proposed issues for inclusion in County policies and County legislation;
  • proposed national policies and legislation;
  • the proposed annual budget estimates of the County and of the national government;
  • the proposed development plans of the County and of the national government; and
  • any other matter of concern to the citizens;
  • plan strategies for engaging the various levels and units of government on matters of concern to citizens;
  • monitor the activities of elected and appointed officials of the Municipality, including members of the Board; and
  • receive representations, including feedback on issues raised by the county citizens, from elected and appointed officials.
    • The board shall invite petitions and representations from the Citizen Fora with regard to the administration and management of the affairs within the Municipality.
    • The Manager shall make a report on the decision made by the Board in respect of a petition or presentation made by a citizen fora and reasons for such decision.

 

  1. RECOMMENDATION TO THE COUNTY GOVERNMENT RELATING TO LEGISLATION

 

  • The Board may make recommendation to the County Government on topical substantive and procedural issues relating to the Municipality that the County Government should make legislation on.

 

  1. ADMINISTRATIVE AUTHORITY

 

  • RESOLUTIONS
    • The Board shall exercise its administrative authority by approving resolutions.

 

  • APPROVAL OF RESOLUTIONS
    • Approval of a resolution or any other Board administrative decision requires approval by a majority of the Board.
    • Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the Board adopts the resolution at that meeting.
    • After approval of a resolution or other administrative decision, the vote of each member must be entered into the Board minutes.

 

  • EFFECTIVE DATE OF RESOLUTIONS
    • Resolutions and other administrative decisions take effect on the date of approval, or on a later date expressly provided in the resolution.

 

  1. THE MUNICIPAL MANAGER

 

  • OFFICE OF THE MUNICIPAL MANAGER
    • There is established the office of the Municipal Manager.
    • The Municipal Manager shall be the administrative head of Kapsabet Municipality.

 

  • APPOINTMENT AND TERM OF OFFICE

7.2.1 The County Executive Committee Member shall—

  • nominate qualified and experienced Municipal Manager from among persons competitively sourced and recommended by the County Public Service Board; and
  • with the approval of the county assembly, appoint the Municipal Manager.

7.2.2 The office of the Municipal Manager shall be an office in the county public service.

  • The Municipal Manager shall be responsible to the County Executive Committee Member for the administration of the Municipality.
  • The Municipal Manager may resign from office by giving notice, in writing, to the County Executive Committee Member.
  • The Municipal Manager shall appointed on contractual basis of a period of three (3) years.
  • The office of the manager shall become vacant, if the manager–
  • is, on the recommendation of the members of the Board,
  • dies;
  • resigns from office in writing to County Executive Committee member;
  • is convicted of an offence punishable by a term of imprisonment exceeding three (3) months;
  • violates the provisions of Chapter Six of the Constitution;
  • is culpable of gross misconduct, whether in the performance of the member’s functions;
  • is incapable of performing the official functions of the office due to physical or mental incapacity;
  • is absent from three consecutive meeting without good cause;
  • is adjudged bankrupt; or
  • is incompetent or unfit to discharge official duties.
    • Before removal from office under paragraph (1) (a), a member shall be accorded a fair opportunity to be heard by the County Executive Committee member.
    • The Municipal Manager shall be appointed on contractual basis for a period of three (3) years which may be renewed for a further contractual term.

 

  • QUALIFICATIONS
    • Subject to Article 232 of the Constitution, a person shall qualify to be appointed as a municipal manager if the person—
  • is a citizen of Kenya;
  • holds a degree from a university recognized in Kenya or its equivalent; and
  • has proven experience of not less than five (5) years in administration or management either in the public or private sector.
    • In appointing the Municipal Manager, the County Public Service Board shall ensure—
  • gender equity;
  • the inclusion of minorities and marginalized communities; and
  • the person satisfies the requirements of Chapter six of the Constitution.
    • The Municipal Manager need not reside within the Municipality but resides within the County.

 

  • FUNCTIONS AND POWERS OF THE MUNICIPAL MANAGER
    • The Municipal Manager shall implement the decisions and functions of the Board and shall be answerable to the Board.
    • As soon as is practicable, and in any event not later than thirty (30) days from the date of receipt of an audit report together with annual statements and abstracts of accounts, the manager shall―
  • lay the documents before the board or town committee for consideration; and
  • make them available to any resident of the area within the jurisdiction of the board, upon application and payment of the prescribed fee as per the Nandi County Finance Act.
    • The Municipal Manager shall—
  • act on behalf of the Board of the Municipality—
  • in ensuring the execution or implementation of the directives of the Board; and
  • during all intervals between meetings of the Board;
  • prepare and present for approval of the Board of the Municipality, an annual estimate of revenue and expenditure to fund and carry out the programmes and operations of the Board;
  • be principally responsible for building and maintaining a strong alliance and effective working relationships between the Board and the civil society, private sector and community based organizations;
  • cause to be prepared and transmitted to the Board an annual report of the activities and accomplishments of the departments and agencies comprising the executive branch of the Municipality;
  • receive written or oral presentations, petitions or complaints made to the Board;
  • make a report on the decision made in respect of a petition or presentation made by a citizen fora and reasons for such decision;
  • act as an ex-officio member of all committees of the Board;
  • submit to the County Executive Committee, a copy of the proposed integrated development plan as adopted by the Board within twenty one (21) days of the adoption or amendment:

Provided that the development of the said proposed integrated development plan shall adhere to the provisions of Sections 108, 111, 112 and 113 of the County Governments Act, 2012; and

  • perform such other functions as the Board may, by order, confer upon the Municipal Manager to perform.
    • The copy of the proposed integrated development plan submitted to the County Executive Committee under sub–Article 7.4.5. (e) shall be accompanied by—
  • a summary of the process of its formulation plan provided under Part V of the Urban Areas and Cities Act, 2011; and
  • a statement that the process has been complied with, together with any explanations that may be necessary to clarify the statement.
    • The Municipal Manager shall be fully responsible for the proper conduct of the executive and administrative work and affairs of the Municipality. The Municipal Manager shall have the power to—
  • exercise supervision over all departments and agencies of the Municipality and provide for coordination of activities;
  • enforce the provisions of this Charter, legislation that relate to the Municipality, and other applicable laws;
  • exercise powers granted to the Municipal Manager in this Charter, County legislation and other applicable laws concerning the appointment and removal of certain officers, employees, and members of committees of the Board; and
  • exercise such other powers as may be prescribed by this Charter, County legislation and other applicable laws.
    • The Municipal Manager shall—
  • attend all Board meetings, as an ex-officio member, unless excused by the Chairperson of the Board or its members;
  • make reports and recommendations to the Board about the needs of the Municipality;
  • administer and enforce all legislation relating to the Municipality, resolutions, franchises, leases, contracts, permits, and other Municipality decisions;
  • appoint, supervise and remove Municipality employees;
  • organize Municipality departments and develop an administrative structure;
  • prepare and administer the annual Municipality budget;
  • administer Municipality utilities and property;
  • encourage and support regional and intergovernmental cooperation;
  • promote cooperation among the Board, staff and citizens in developing Municipality policies and building a sense of community;
  • perform other duties as directed by the Board of the Municipality; and
  • delegate duties, but remain responsible for actions of all subordinates.
    • REMUNERATION OF THE MUNICIPAL MANAGER
      • The County Public Service Board shall set the compensation and determine the conditions of employment of the Municipal Manager.

 

  • REMOVAL OF THE MUNICIPAL MANAGER
    • The Municipal Manager may be removed from office in accordance with the provisions of civil service and shall have due regard to fair labour practices.
    • The Municipal Manager shall cease to hold office if—
  • is unable to perform the functions of the office by reason of mental or physical infirmity;
  • is declared or becomes bankrupt or insolvent;
  • is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more;
  • resigns in writing to the County Public Service Board;
  • without reasonable cause, is absent from three consecutive meetings of the Board;
  • is found guilty of professional misconduct by the relevant professional body;
  • is disqualified from holding a public office under the Constitution;
  • engages in any gross misconduct; or

(i) dies.

  • Any vacancy arising in the office of the Municipal Manager may be filled in the manner provided under Article 6.2.

 

  • ACTING MUNICIPAL MANAGER
    • When the Municipal Manager is temporarily disabled from acting as Municipal Manager or when the office of the Municipal Manager becomes vacant, the County Executive Committee Member shall designate a qualified person from within the County Public Service to be an Acting Municipal Manager.
    • The County Executive Committee Member shall inform the County Public Service Board of such appointment within seven (7) days.
    • The Acting Municipal Manager shall have the authority and duties of the Municipal Manager, except that the Acting Municipal Manager may appoint or remove employees only with approval of the Board.
    • An Acting Municipal Manager shall hold office until such a time as a new Municipal Manager shall be appointed, in which case, such period shall not exceed one (1) year.

 

  • MUNICIPAL FINANCES AND FINANCIAL MANAGEMENT

 

  • SOURCES OF THE MUNICIPALITY’S FUNDS AND REVENUE
    • The Board of the Municipality shall derive its revenue and funds from—
  • monies allocated by the County Assembly for the purposes of the management and service delivery of the Board;
  • monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions as per the Urban Areas and Cities Act, 2011;
  • all monies or grants from any other legitimate sources provided or donated to the Board;
  • investment income; and

 

  • APPOINTMENT OF THE MUNICIPALITY ACCOUNTING OFFICER
    • The Municipality Accounting Officer shall be designated by the County Executive Committee Member for Finance in the manner provided under Section 148 of the Public Finance Management Act, 2012.

 

  • FUNCTIONS AND POWERS OF THE MUNICIPALITY’S ACCOUNTING OFFICER
    • The Municipal’s Accounting Officer shall be accountable to the County Executive Committee for ensuring that the resources of the Municipal for which the officer is designated are used in a way that is—
  • lawful and authorized; and
  • effective, efficient, economical and transparent.

 

  • In carrying out a responsibility imposed by subsection (1), the accounting officer shall, in respect of the Municipality—
  • ensure that all expenditure made by the Municipality complies with sub–Article 7.3.1.;
  • ensure that the Municipality keeps financial and accounting records that comply with the Public Finance Management Act, 2012;
  • ensure that all financial and accounting records that the Municipality keeps in any form including in electronic form are adequately protected and backed up;
  • ensure that all contracts entered into by the Municipality are lawful and are complied with;
  • ensure that all applicable accounting procedures are followed when acquiring or disposing of goods and services and that, in the case of goods, adequate arrangements are made for their custody, safe guarding and maintenance;
  • bring a matter to the attention of the County Executive Committee Member if, in the accounting officer’s opinion a decision or policy or proposed decision or policy of the Municipality may result in resources being used in a way that is contrary to sub–Article 7.3.1.;
  • prepare a strategic plan for the Municipality in conformity with the medium term fiscal framework and financial objectives of the County Government;
  • prepare estimates of expenditure of the Municipality in conformity with the strategic plan referred to in paragraph (g);
  • submit the estimates of the Municipality to the County Executive Committee Member who, after approving it, shall forward it to the County Executive Committee member for finance;
  • not later than three (3) months after the end of each financial year, prepare annual financial statements for that financial year and submit them to the Auditor-General for audit, with a copy to the County Treasury;
  • try to resolve any issues resulting from an audit that remain outstanding;
  • manage the assets of the Municipality to ensure that it receives value for money when acquiring, using or disposing of its assets;
  • dispose off assets at the most competitive price and at the lowest possible cost ensuring that the proceeds from all asset disposals are deposited in a bank account of the Municipality;
  • ensure that the Municipality has adequate systems and processes in place to plan for, procure, account for, maintain, store and dispose of assets, including an asset register that is current, accurate and available to the relevant County Treasury or the Auditor-General;
  • provide the County Treasury with any information it requires to fulfill its functions;
  • provide information on any frauds, losses, or any violations of subsection (1) and provide explanations for the actions taken to prevent similar conduct in future; and
  • carry out such other responsibilities as may be specified in regulations by the County Executive Committee Member for finance.
    • Not later than three (3) months after the County Assembly has adopted a report by a committee of the County Assembly with respect to a report submitted by the Controller of Budget under Article 228 (6) of the Constitution, the accounting officer shall—
  • prepare a report on actions taken by the Municipality to implement any recommendations made in the County Executive Committee’s report as adopted by the County Assembly; and
  • submit the report to the County Executive Committee with a copy to the County Treasury.
    • Not later than one month after receiving a report by the accounting officer under subs–Article 7.3.3. (b), the County Treasury shall submit to the County Assembly the accounting officer’s report and may include any comments on the report by the County Treasury.

 

  • FINANCIAL YEAR
    • The Municipality shall operate on an annual budget.
    • The financial year of the Board shall be a period of twelve (12) months ending on the thirtieth of June, each year.

 

  • BUDGET
    • The budget of the Board shall be developed in the manner provided under Section 175 of the Public Finance Management Act.

 

  • MANAGEMENT OF MUNICIPALITY FINANCES
    • The Board shall, with the approval of the County Executive Committee Member for finance, open and maintain a bank account in the name of the Municipality.
    • All monies received by the Board shall be paid into the County Revenue Fund Account.

 

  • BORROWING BY THE MUNICIPALITY
    • The Board of the Municipality may only borrow—
  • from the County Government; or
  • through the County Government;

and subject to such terms as may be imposed by the County Assembly or such terms as provided by law.

 

  • AUDIT
    • The Board shall cause to be kept all proper books and records of account of its income, expenditure, assets and liabilities.
    • Within a period of three (3) months after the end of each financial year, the Board shall submit to the County Executive Committee as per Article 7.3.
    • As soon as is practicable, and in any event not later than thirty (30) days from the date of receipt of the audit report together with the annual statements and abstracts of accounts, the Manager shall―
  • lay the documents before the Board for consideration; and
  • make them available to any resident of the area within the jurisdiction of the Board, upon application and payment of the prescribed fee.
    • Where the Manager of a board fails to table the report as required under this section, that report shall be laid by any other person authorized by the Governor.

 

  • MUNICIPALITY HUMAN RESOURCE

 

  • MUNICIPALITY PERSONNEL
    • The County Public Service Board may, upon request by the Municipal Manager for Human Resource, employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or other any other law.

 

  • MANAGEMENT OF MUNICIPAL PERSONNEL
    • Employees of the Municipality shall report to the Municipal Manager.

 

  • RETIREMENT SYSTEMS
    • All officers of the Board shall subscribe to an existing pension scheme approved by the Retirement Benefits Authority.

 

  • COMPENSATION OF MUNICIPAL PERSONNEL
    • The compensation of all employees of the Municipality shall be set by the County Public Service Board upon the advice of the Salaries and Remuneration Commission.

 

  • MUNICIPALITY PROPERTY

 

  • ACQUISITION, POSSESSION AND DISPOSAL
    • The Board is a body corporate and may acquire real, personal, or mixed property for any public purpose by purchase, gift, bequest, devise, lease, or otherwise and may sell, lease, or otherwise dispose of any property belonging to the Municipality.
    • All town property and funds of every kind belonging to or in the possession of Kapsabet town at the time this Charter becomes effective are vested in the Municipality, subject to the terms and conditions thereof.

 

  • COMPULSORY ACQUISITION
    • Whenever the Municipality deems it necessary to acquire private land for its purposes, it shall request the County Executive Committee Member to request the National Land Commission to acquire the land on its behalf.
    • The provisions of the Land Act, 2012, shall apply to any intended compulsory acquisition by the Municipality of property within the Municipality.

 

  • MUNICIPAL BUILDINGS
    • The Board may acquire, obtain by lease or rent, purchase, construct, operate, and maintain all buildings and structures it deems necessary for the operation of the Municipality.

 

  • PROTECTION OF MUNICIPALITY PROPERTY
    • The Board shall do whatever is necessary to protect municipal property and to keep all municipal property in good condition.

 

  • GENERAL PROVISIONS

 

  • OFFICIAL DUTIES
    • The Municipal Manager, the Chairperson and Vice-Chairperson and the members of the Board, and all other persons elected or appointed to any office of profit or trust in the Municipality, as determined by Board, shall exercise their official duties in accordance with the tenets of the Leadership and Integrity Act, 2012, and the Public Officer Ethics Act, 2003.

 

  • AMENDMENTS TO THE CHARTER
    • The County Executive Committee Member may at any time, after consultation with the Board, amend any provision of this Charter.
    • The County Executive Committee Member shall cause a copy of the proposed amendment to the Charter to be laid before the County Assembly within thirty (30) days of its amendment for approval.

 

  • SEPARABILITY
    • If, at any time, any provision of this Charter is or becomes illegal, invalid or unenforceable in any respect under Kenyan law, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision will in any way be affected or impaired.
  • TRANSITIONAL PROVISIONS

 

  • EFFECTIVE DATE OF CHARTER
    • The provisions of this Charter shall take effect upon publication.

 

  • RIGHTS AND PRIVILEGES PRESERVED
    • Nothing in the Charter except as otherwise specifically provided shall effect or impair the rights or privileges of persons who are Town Officials, Officers or Employees at the time of its adoption.

 

  • DEPARTMENTS
    • All Town Departments shall continue to operate with the same powers, duties, activities, budgets, and employees as were in effect at the time this Charter becomes effective until changed by the Municipal Manager with the approval of the Board.

 

 

 

 

 

 

 

SCHEDULE                                              

(P. 2.2.2.)

MAP OF KAPSABET MUNICIPALITY

JOB DESCRIPTION FOR NANDI COUNTY

KAPSABET MUNICIPAL MANAGER

 

  1. The Municipal Manager shall implement the decisions and functions of the Board of the Municipality and shall be answerable to the Board;
  2. Act on behalf of the Board of the Municipality- In ensuring the execution of the directives of the Board of the Municipality and During all intervals between meetings of the Board of the Municipality;
  3. Prepare and present for approval of the Board of the Municipality, an annual estimate of revenue and expenditure to fund and carry out the programmes and operations of the Board;
  4. Be principally responsible for building and maintaining a strong alliance and effective working relationships between the Board of the Municipality and the civil society, private sector and community based organizations;
  5. Cause to be prepared, transmitted to the Board of the Municipality, and distributed to the public at least an annual report on the activities and accomplishments of the departments and agencies comprising the executive branch of the Municipality;
  6. Act as an ex-officio member of all committees of the Board of the Municipality and Such other functions as the Board may, by order, confer upon the Municipal Manager;
  7. The Municipal Manager shall be fully responsible for the proper conduct of the executive and administrative work and affairs of the Municipality;
  8. Exercise supervision over all departments and agencies of the Municipality and provide for the coordination of their activities;
  9. Enforce the provisions of the Municipality Charter, Municipal By-laws, and all applicable laws;
  10. Exercise such other powers as may be prescribed by the Charter, by-laws and applicable laws.
  11. Developing and adopting policies, plans, strategies and programmes for efficient running of the municipality
  12. Controlling land use, land sub-division for various development purposes as may be delegated.
  13. Promoting and undertaking infrastructural development and services within the Municipality as may be delegated by the County Government.
  14. Developing and managing schemes, including site development in collaboration with the relevant National and County Agencies.
  15. Maintaining a comprehensive database and information system for the municipality
  16. Enforcing the fees, levies and charges as may be authorized by the County Government for delivery of services.
  17. Ensuring provision of services to its residents.
  18. Implementing national policies and policies of the County Executive Committees as they affect the Municipality.
  19. Enforcing compliance with Constitutional provisions on Consumer Rights, fair administrative action, Bill of Rights and Values and Principles of Public Service.
  20. Coordinating and facilitating citizen participation in the development of policies and plans and delivery of services.
  21. Implementing policies for fire and disaster management.
  22. Promoting a safe and healthy environment.
  23. Performing such other functions as may be delegated from time to time.

Requirements

  1. Be a Kenyan citizen.
  2. In possession of a Bachelor’s Degree from a university recognized in Kenya or its equivalent.
  3. Possession of a Post-graduate qualification or a related discipline from a recognized institution will be an added advantage.
  4. Proven experience of not less than five (5) years in administration or management either in the public or private sector.

The Kenya urban support program projects include;

  1. NDCG/TND/KUSP/01/2018/2019 :Proposed Construction of Non-motorized transport and waste management project
  2. NDCG/TND/KUSP/02/2018/2019 :Proposed urban economic and infrastructure development  projects

MUNICIPAL BOARD DELIBERATE ON DEVELOPMENT PROJECTS AND BUDGET ESTIMATES FOR FY 2019/2020.

Kapsabet Municipality Charter grants the board an opportunity to prepare and submit its annual budget estimates to the county treasury for consideration and submission to the county assembly for approval as part of the annual County Appropriation Bill. Today the municipal board held their special meeting to deliberate on budget estimates for FY 2019/2020 in a meeting held at kapsabet municipal grounds.

From the Urban Development Grant (UDG), a conditional development grant from World Bank, the Municipality has its expenditure menu focussing on the extension of the projects for FY 2018/2019. The key development areas include waste management, storm water drainage, connectivity, fire and disaster management and urban economic infrastructure.

From the board deliberation today, the municipality is planning to carry out various development projects amounting to 160 Million. Among them are: Construction of a fire station, market stalls and ablution blocks, extension of street light and installation of digital signage; purchase of self loading truck and receptacles for solid waste collection, extension of non motorized transport and storm water drainage.

The budget estimates for the above mention projects together with those of other departments will be submitted out for public view before end of this month. There after, the budget will be presented to the County Assembly for approval.

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