Urban Areas and Cities (Amendment) Act, 2019 (No. 3 of 2019)

Section 10 of deleting paragraph (d) appearing in subsection (2) and the principal substituting therefor the following new paragraph Act. (d) has the capacity to effectively and efficiently deliver its services to its residents and has in existence, the services provided in the First Schedule. 7. The principal Act is amended by inserting the Insertion of new section after following new section immediately after section 10 section 10 of the principal Act. Eligibility for grant of 10A. (1) The county governor may, the status of market centre. upon approval of the county assembly, confer the status of a market centre on an area that meets the criteria set out in subsection (2). (2) An area shall be eligible for the grant of the status of a market centre under this Act if it has (a) a resident population of at least two thousand residents; and (b) an integrated urban area development plan in accordance with this Act and any other existing Delineation of boundaries of a law. 373 2019 Urban Areas and Cities (Amendment) No. 3 market. 10B. (1) Delineation of the boundaries of a market may be initiated by a county governor. (2) The county governor shall, for the purpose of subsection (1), appoint by notice in the county Gazette an ad hoc committee to delineate the boundaries of a market. (3) The ad hoc committee appointed by the county governor under subsection (2) shall comprise — (a) a representative of the Independent Electoral and Boundaries Commission based at the county office, who shall be the chairperson; (b) two representatives from the county government drawn from — (i) the county department for the time being responsible for urban development who shall be the secretary; (ii) the county department for the time being responsible for environment; (c) a representative of the national government based at the county office; (d) two representatives from the following professional associations in the county — (i) Institute of Surveyors of Kenya; and (ii) Kenya Institute of Planners. Management of a market centre. (4) Each professional association shall nominate its representative referred to under subsection (3)(d) for appointment by the county governor. (5) Where the boundaries of a market extend to more than one county, the 374 No. 3 Urban Areas and Cities (Amendment) 2019 membership of the ad hoc committee shall include representatives of the relevant counties and the proposal for delineation of the boundaries shall be handled by the Council of Governors. 10C. A market centre shall be governed and managed by the county government. 8. Section 12 of the principal Act is amended by Amendment of

Section 12 of the deleting the marginal note and substituting therefor the principal Act. following — Structures and management of cities, municipalities. 9. Section 13 of the principal Act is amended by — Amendment of

Section 13 of the principal Act. (a) deleting the words county executive committee appearing in subsection (1) and substituting therefor the words "county governor"; (b) inserting the following new subsection immediately after subsection (1) — (1A) The members of the Board of a city appointed under subsection (1) shall be constituted as follows — (a) the county executive member for the time being responsible for cities and urban areas or his representative; (b) six members who shall be competitively appointed by the county governor, with the approval of the county assembly; (c) four members who shall be nominated by the organization specified under subsection (2) and appointed by the county governor, with the approval of the county assembly; (d) the Secretary appointed under section 13A, who shall be an ex officio member of the Board. (c) deleting subsection (2) and substituting therefor the following new subsection (2) The four members of the board of a city specified under subsection (1) (c), shall be nominated by — 375 2019 Urban Areas and Cities (Amendment) No. 3 (a) an umbrella body representing professional associations in the area; (b) an association representing the private sector in the area; (c) a cluster representing registered associations of the informal sector in the area; and (d) a cluster representing registered neighbourhood associations in the area. (d) deleting subsection (4) and substituting therefor the following new subsections — (4) The county governor shall, while considering the nominated members identified by the organizations specified under section 13 (2), require the organizations to produce — (a) signed minutes as evidence of an accountable process of nomination; (b) evidence of compliance with statutory obligations; (c) vetting form to establish that the nominee has complied with the prescribed criteria for appointment as a member of the board. (5) A person shall be qualified for appointment as a chairperson of the board if that person — (a) holds a bachelor's degree from an institution recognized in Kenya; (b) has a distinguished career in a medium level management position in either the private or public sector; (c) holds at least ten years' post-qualification professional experience; and (d) satisfies the requirements of Chapter Six of the Constitution. (6) A person shall be qualified for appointment as a member of the board if that person — (a) holds a bachelor's degree from an institution recognized in Kenya; (b) has a distinguished career in a medium level management position in either the private or public sector; 376 No. 3 Urban Areas and Cities (Amendment) 2019 (c) holds at least seven years' post- qualification professional experience; and (d) satisfies the requirements of Chapter Six of the Constitution. (7) A person shall not be appointed a member of the Board if that person — (a) is an undischarged bankrupt; (b) has been removed from office for contravening the Constitution or any other law; (c) is not a citizen of Kenya; or (d) has, in the conduct of his or her, affairs not met any statutory obligation. Insertion of new 10. The principal Act is amended by inserting a new sections after section immediately after section 13 section 13 of the principal Act. Appointment of 13A. (1) The county public service Secretary of the Board of a city board shall, through a competitive process appoint a Secretary to the board on such terms and conditions as the county public service board, in consultation with the city or municipal board, shall determine. (2) A person is qualified to be appointed as the Secretary of the board, if that person — (a) has a degree from an institution recognised in Kenya; (b) has at least four years' experience in management; and (c) satisfies the requirements of Chapter Six of the Constitution. (3) The Secretary shall be (a) responsible for the day to day management of the affairs of the board; and (b) perform such other duties as may be assigned by the board. 377 2019 Urban Areas and Cities (Amendment) No. 3 (4) The Secretary shall hold office for a term of five years. (5) The provisions of section 16 relating to grounds for vacation of office shall, with necessary modifications, apply to the Secretary of the board appointed under this section. Repeal and 11. Section 14 of the principal Act is repealed and replacement of replaced with the following new section — Section 14 of the principal Act. Board of 14. (1) A board of a municipality shall municipalities. consist of nine members appointed by the county governor with the approval of the county assembly. (2) The members of the board appointed under subsection (1) shall be constituted as follows— (a) the county executive member for the time being responsible for cities and urban areas or his representative; (b) three members who shall be appointed by the county governor, with the approval of the county assembly; (c) four members who shall be nominated by an association and appointed by the county governor, with the approval of the county assembly; (d) the chief officer responsible for urban development; and (e) the municipal manager appointed under section 28 who shall be the secretary of the board and an ex officio member of the board. (3) The four members of the board of a municipality specified under subsection (2) (c), shall be nominated by — 378 No. 3 Urban Areas and Cities (Amendment) 2019 (a) an umbrella body representing professional associations in the area; (b) an association representing the private sector in the area; (c) a cluster representing registered associations of the informal sector in the area; and (d) a cluster representing registered neighbourhood associations in the area. (4) The county governor shall, while appointing the members of the board, ensure gender equity, representation of persons with disability, youth and marginalised groups. (5) The county governor shall while considering the nominated members identified by the organizations specified under subsection (2), require the organizations to produce — (a) signed minutes as evidence of an accountable process of nomination; (b) evidence of compliance with statutory obligations; and (c) vetting form to establish that the nominee has complied with the prescribed criteria for appointment as a member of the board. (6) A person shall be qualified for appointment as a chairperson of the board if that person— (a) holds at least a degree from an institution recognized in Kenya; (b) has a distinguished career in a medium level management position in either the private or public sector; 379 2019 Urban Areas and Cities (Amendment) No. 3 (c) holds at least ten years' post- qualification professional experience; (d) satisfies the requirements of Chapter Six of the Constitution; (e) is ordinarily resident or has a permanent dwelling in the municipality; and (f) carries on business in the municipality or has lived in the municipality for at least five years. (6) A person shall be qualified for appointment as a member of the board if that person — (a) holds at least a diploma from an institution recognized in Kenya; (b) has a distinguished career in a medium level management position in either the private or public sector; (c) holds at least five years' post- qualification professional experience; and (d) satisfies the requirements of Chapter Six of the Constitution; (e) is ordinarily resident or has a permanent dwelling in the municipality; and (1) carries on business in the municipality or has lived in the municipality for at least five years. (7) A person shall not be appointed as a member of the Board if that person — (a) is an undischarged bankrupt; (b) has been removed from office for contravening the Constitution or any other law; 380 No. 3 Urban Areas and Cities (Amendment) 2019 (c) is not a citizen of Kenya; or (d) has in the conduct of his or her affairs not met any statutory obligations. Amendment of 12. Section 20 of the principal Act is amended by — section 20 of the principal Act. (a) deleting the marginal note and substituting therefor the words "Governance and management functions of a board"; and (b) by deleting subsection (2). Amendment of 13. Section 21(1) of the principal Act is amended in section 21 of the paragraph (g) by inserting the words "as provided in the principal Act. County Governments Act, 2012 and any other national legislation on public participation" after the words "Schedule to this Act". 14. Section 22 (1) of the principal Act is amended in Amendment of section 22 of the paragraph (b) by deleting the word "plan" and substituting principal Act. thereof the word "formulate". 15. Section 27 of the principal Act is amended by Amendment of section 27 of the inserting the words "in accordance with the County principal Act. Governments Act, 2012" immediately after the words "as a county government". 16. Section 29 of the principal Act is amended by Amendment of section 29 of the deleting the words "by an institution responsible for principal Act. recruiting public servants in the county" and substituting therefor the words "the county public service board established under section 57 of the County Governments Act, 2012. 17. Section 30 of the principal Act is amended in Amendment of section 30 of the subsection (1) (c) by deleting the word "five" and principal Act. substituting therefor the word "ten". 18. Section 31 of the principal Act is repealed and Repeal and replacement of replaced with the following new sections— section 31 of the principal Act. 381 2019 Urban Areas and Cities (Amendment) No. 3 Management of Governance and management of towns towns. 31. (1) The management of a town shall be vested in a town committee comprised of five members which shall be constituted as follows (a) the county executive committee member responsible for urban areas and cities or his representative; (b) two members appointed competitively by the county governor; (c) a cluster representing registered associations of the informal sector; and (d) a cluster representing the business community. (2) The members of the town committee specified under subsection (1) shall be appointed by the county governor with the approval of the county assembly. (3) A person shall be qualified for appointment as chairperson, vice- chairperson or member of a town committee if that person (a) holds at least a Kenya Certificate of Secondary Education or its equivalent and post-secondary education professional diploma; (b) has a distinguished career in a management position in either the private or public sector; (c) has at least three years' post- qualification professional experience; (d) satisfies the requirements of Chapter Six of the Constitution; and (e) is ordinarily resident or has a permanent dwelling in the town for at least five years or carries on business in the county. 382 No. 3 Urban Areas and Cities (Amendment) 2019 (4) A person shall not be appointed a member of a town committee if that person— (a) is an undischarged bankrupt; (b) has been removed from office for contravening the Constitution or any other law; (c) is not a citizen of Kenya; or (d) has in the conduct of his or her affairs not met any statutory obligations. (5) The provisions of section 16 and 18 relating to vacation of office and removal from office of members of the board of a city or a municipality shall apply, with the necessary modification, to a member of a town committee. Functions of a town 31A. The functions performed by the committee board of a city or a municipality specified under section 20(1) shall be performed by the town committee. Appointment of an 31B. (1) There shall be an administrator. administrator for every town established No.17 of 2012. under this Act who shall be appointed by the county public service board established under section 57 of the County Governments Act, 2012. (2) The administrator of a town shall perform such functions as the town committee, appointed under section 31, may determine. (3) A person shall be qualified to be appointed as an administrator under subsection (1), if that person — (a) holds a degree from a university recognised in Kenya or its equivalent; (b) has proven experience of at least three years in administration or management either in public or private sector; 383 2019 Urban Areas and Cities (Amendment) No. 3 (c) is a citizen of Kenya; and (d) satisfies the requirements of Chapter Six of the Constitution. Repeal and 19. The First Schedule is repealed and replaced with replacement of the following new Schedule. the First Schedule. 384 No. 3 Urban Areas and Cities (Amendment) 2019

FIRST SCHEDULE[s. 5(1) (e), 9(1) (e), and10 (2) (d)] CLASSIFICATION OF URBAN AREAS AND CITIES AND BY SERVICES In classifying an area as a city, municipality or town, regard shall be had to the ability to provide the following services and also the existence of the services required to be provided by the National Government: City — (Population: at least 250,000) Planning and Development Control City Economic Development Plan Traffic Control and Parking Water and Sanitation Street Lighting Outdoor Advertising Cemeteries and Crematoria Public Transport Library services Storm Drainage Ambulance Services Heath Facilities Fire Fighting and Disaster Management Control of Drugs Sports and Cultural Activities Electricity and energy provision (gas, kerosene, biomass etc) Abattoirs Refuse Collection Solid waste management Pollution(Air, water and soil) control Child Care Facilities Pre-Primary Education Local Distributor Roads 385 2019 Urban Areas and Cities (Amendment) No. 3 Conference Facilities Community Centres County Hospital Constituent University Campuses Polytechnic National School Stadium Airport Airstrip Theatre Library Service Administrative Seat Financial Hub Museum Historical Monument Fire Station Emergency Preparedness Postal services Funeral Parlour Recreational Parks Management of Markets Animal control and welfare Religious Institution Organised Public Transport Information, Communication and Technology services Telecommunication services Municipality—(Population at least 50,000) Planning and Development Control Traffic Control and Parking Water and Sanitation 386 No. 3 Urban Areas and Cities (Amendment) 2019 Street Lighting Outdoor Advertising Cemeteries and Crematoria Public Transport Libraries Storm Drainage Ambulance Services Heath Facilities Fire Fighting and Disaster Management Control of Drugs Sports and Cultural Activities Electricity and Energy provision (gas, kerosene etc.) Abattoirs Refuse Collection Solid waste management Pollution (Air, water, soil) control Child Care Facilities Pre-Primary Education Local Distributor Roads Community Centres County Hospital Constituent University Campuses Polytechnic County School Stadium Airstrip Theatre Library/ICT services Administrative Seat Local Economic Development Plan 387 2019 Urban Areas and Cities (Amendment) No. 3 Museum/cultural centres Fire Station Emergency Preparedness Telecommunication services /postal services/ICT Funeral Parlour Cemetery Recreational Parks Animal control and welfare Religious Institution Town — (Population at least 10,000) Street Lighting Cemeteries and Crematoria Library Services Health Facilities Sports and Cultural centers or facilities Abattoirs Refuse Collection Solid waste management Pollution (Air, water and soil) control Child Care Facilities Pre-Primary Education Community Centres Vocational Institution Primary or High school Bus park Road network, streets, walkways, sideways and cycle ways Postal services or telecommunication Funeral Parlour or mortuary Cemetery Recreational parks 388 No. 3 Urban Areas and Cities (Amendment) 2019 Animal control and welfare Religious Institution Market Centre — (Population at least 2,000) Street Lighting Health Facilities Sports and Cultural centers/facilities Abattoirs/Slaughterhouse Refuse Collection Solid waste management Child Care Facilities Pre-Primary Education Community Centres Primary school Bus park Road network/streets/walkways/sideways/cycle ways Recreational parks Animal control and welfare