GAZETTE NOTICE NO. 1161

Pursuant to section 59 sub-section 1(1) of the County Governments Act, 2012, the functions and powers of the CountyPublic Service Board inter alia, is to evaluate and report to the County Assembly each December on the extent to which the values and principles referred to in Article 10 and 232 of the Constitution of Kenya 2010 are complied with in the county public service. Further section 59 sub sections 5 of the County Governments Act, 012 states that the report prepared shall include: All the steps taken and decisions made by the Board in the realization of values and principles. Specific recommendations that require to be implemented in the p1omotion and protection of the values and principles. Specific decisions on particulars of persons or public body who have violated the values and principles, including actions taken or recommendations against them. Any impediment in the promotion of the values and principles and 8th February, 2019 THE KENYAGAZETTE 363 (e) The programmes the Board is undertaking or has planned to undertake in the medium term towards the promotion of the values and principles. 2.0 Scope of the Report: This report covers the extent to which the values and principles as enshrined in Article 10 and 232 of the Constitution of Kenya, 2010 were embedded in Board decisions and policies with a view of translating these values into practice. 3.0 Measures/Steps Taken in Realization of National Values and Principles of the Public Service: The Board undertook induction training on Values and Principles of Public Service for newly engaged staff. During the year, the board inducted Six Hundred and Seventy Two (672) Interns on Values and Principles of Public Service at Chebororwa Agricultural Training Centre. During the period, the Board consulted with Ethics and Anti- Corruption Commission (EACC) on matters pertaining to Leadership and Integrity including submitting lists of the shortlisted candidates as per their advisory. Members of the Board undertook training on Governance, Inclusion and Dit'ersity conducted by Nazarene University in Naivasha. The Board held a meeting with National Commission for Integration and Cohesion (NCIC) at the County Headquarters on matters of diversity and inclusivity in employment. (I) On accountability for administrative acts, the Board issued the following advisories to the Executive: (i) Staff Declaration of Assets, Income and Liabilities on exit. (ii) Acting appointments. On conflict of Interest, members made declarations during short listing and interviewing for various positions. The said members were exempted from the deliberation/participation in process. Board members attended the following trainings/workshops for the purpose of continuous capacity building and development: (1) Institute of Human Resource Management (IHRM) National Convention and Annual Conference. (ii) County Public Service Consultative Forum—Annual Convention. (iii) Training of panelists for Kenya Police Suitability Vetting. (iv) A workshop organized by Ministry of Devolution and ASAL, Ministry of Public Service, Youth and Gender and Public Service Commission. On promotion of values and principles of public service, the Board enhanced collaborations with stakeholders including EACC, Ministry of Public Service, Gender and Youth, Salaries and Remuneration Commission and Public Service Commission through continuous engagement on issues pertaining to management of Human Resource in the County. The recruitment process as undertaken by the Board affords equal opportunity to all and encourages Women, Youth, Persons with Disabilities and the marginalized to apply. In this regard the Board undertook affirmative action by targeting and engaging thirty fuur (34) Persons with Disability to ensure compliance with relevant statue. The recruitment was based on skill gaps in various departments. The Board held various consultative meetings with the department of Public Service Management on operational issues pertaining to the management of Human Resource. (I) Consultative Meetings were held with the Union representatives on issues relating to terms and conditions of service. (m)The Board undertook disciplinary control in the County through delegation of the function to the County Disciplinary Committee and hearings conducted by the Board in its own capacity. 4.. Specific decisions on particulars of persons or public body that have violated the values and principles including actions taken and recommended against them: Designation Violation Value//Principle Action Taken Violated Revenue Fraud Integrity, Dismissal from Officers (42) transparency service and accountability Revenue and Fraud Integrity, Dismissal from Licensing transparency service Officers (18) and accountability Security Absenteeism Integrity, 1st Warning and Wardens 11(2) transparency recovery of and salary. accountability Payroll Negligence Integrity, Given last Assistant transparency warning and and recovered paid accountability salary Administrators Negligence Integrity, let Warning transparency and accountability Director Negligence Integrity, 1st Warning transparency and accountability Plant Operator Negligence Efficient and 1st Warning effective use of and surcharged Resources for damages. Drivers (2) Absenteeism Integrity, 1st Warning and transparency recovery of and salary. accountability Recommended for guidance and counseling Security and Negligence Integrity, 1st warning Enforcement transparency Supervisors (2) and accountability Instructor Insubordination Integrity, Dismissal from and transparency service Absenteeism and accountability Driver Misuse of Integrity, Dismissal from Government transparency service property and accountability 5. Impediments in Promotion of Values and Principks: Inadequate budgetary allocation for implementation of proposed programmes. Lack of co-operation from controlling officers in mainstreaming . of Values and Principles in departmental operations. Apathy on the side of the public officers and the general public arising from deep entrenchment of corruption in the society. Reluctance to report or provide evidence for prosecution of corruption cases. Delay, by investigating/enforcing agencies to investigate and prosecute reported cases. 6.0. Specific recommendations and programs the board is undertaking or has planned to undertake in the medium term towards the protection and promotion of the values and principles: Induction of state and public officers joining the county public 'service on values and principles of Governance. Enhance collaboration with the County Anti-Corruption Committee in protection of values and principles. Carry Out S Baseline Survey on entrenchment of values and principles of governance in the county public service. Provide an alternative communication channels for purposes of receiving feedback from staff and public on values and principles of governance in the public service. Provide regular advisories to the Cou.ie; ixecutive Committee on dynamic aspects of Human Resm r'c Management and development that enhance the practice c 'ood governance. Dated the 4th January, 2019. ANNE KOECH, MR155 18365 Ag. Secretary, CPSB. GAZETFE NOTICE NO. 1162 THE COUNTY GOVERNMENTS ACT (No. 17 of 2012) THE KAJIADO COUNTY ASSEMBLY STANDING ORDERS SPECIAL SrVrINGS OF THE COUNTY ASSEMELY (BUNGE MASHINANI, 2019) PURSUANT to Standing Order No. 26 (3) of the Kajiado County Assembly Standing Orders, it is notified for Members of the Kajiado County Assembly, that special sittings shall be held in the places, dates and time specified in the table below for purposes of transacting normal County Assembly business outfide the Assembly headquarters. Ward Plce/ Venue Date Time Dalalekutuk Sajiloni Market 19th February, 2019 2.00 Ward . p.m. Rombo Ward Free Pentecostal 22nd February, 2.00 Church of Kenya 2019 p.m. Grounds Magadi Ward Cinema Hall Magadi 27th February, 2019 2.00 p.m. Nkaimurunya Nakeel Stadium 4th March, 2019 2.00 Ward Grounds ____________ p.m. Imaroro Ward Mashuuru Market 6th arch, 2019 M 2.00 Dated the 21st January, 2019. J. P. OSOI, MR/5818526 Speaker of the County Assembly GAZETFE NOTICE NO. 1163 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (No.17 of 2012) THE HOMA BAY COUNTY GOVERNMENT APPOINTMENT NYANDIWA LEVEL 4 HOSPITAL Zaddock O.Aloo Chairperson Medical Superintendent Secretary Dickson 0. Agak Member Harrizon Wamino Member Maureen Ochieng Member Ward Administrator Member Tobias Ojija Olengo Member Jane Otiwa Member Beda Juma Magadi Member MIRIU LEVEL 4 HOSPITAL Jack Ongiyo Chairperson Medical Superintendent Secretary Pius Awich Member Charles Ogweno Member Carolyne Odoyo Member Ward Administrator Member Sub-County MOH Member Peter Oula Member Everlyne Alando Member MAGUNGA LEVEL 4 HOSPITAL Samwel Wanjare Chairperson Medical Superintendent Secretary Patroba Ngoko Member Jabagaka Otieno Member Ward Administrator Member Cynthia Dorine Member Esther Anyango Member Sub-County MOH Member Saul Obenge Owuor Member MAKONGENI LEVEL 4 HOSPITAL Prisca Odhiambo, Chairperson Medical Superintendent Secretary Peter Obunga Wakayo Member Carolyne Awino Ochieng Member Zacharia Ounda Nyadianga Member Lawrence Duk Okatch Member Lilian Auma Member Ward Administrator Member Sub-County. MOH Member PALA LEVEL 4 HOSPITAL Gillian Akinyi Obongo Chairperson Medical Superintendent Secretary John Apiyo Member Charles Onyango Member Maurice Onyango Member Monica Oremo Member Peter Otieno Member Ward Administrator Member Sub-County MOH Member OBER LEVEL 4 HOSPITAL IN EXERCISE of the powers conferred by part (4) sub section 15 (1), (2) of the sixth schedule of the Constitution and further to Legal Notice No. 151 of 2013. The County Executive Committee Member in charge of Health Services appoints the following persons to serve as members of the Hospital Management Boards for a period of. (3) years with effect from the 1St June 2018. NDHIWA SUB-COUNTY HOSPITAL Samwel Awuodi Ojode Chairperson Medical Superintendent Secretary Sub County Administrator Member Pius Oloo Kongo Member Tobiaa Oyanda Member Sr. Barbar Aoko Okuma Member Jackline Qlgah Oloo ' Member cvilliam Odeny Ogono Member Richard Anyango Wandugu Member RACI-TUONYO EAST SUB-COUNTY HOSPITAL Paul Odhiambo Dullo Chairperson Medical Superintendent . Secretary Rev. Samson Ogutu Ondiek . Member Hezekiah Ogutu Member Loice Owaka Member Benter Dwasi Member Grace Akoth Ademba Member Benard Mireri Chairperson Mathews Owiti Member Margaret Nyaoke Member Jonathan Ouma Member John Saoke Member - John Odoyo Aloice Member Medical Superintendent Secretary Ward Administrator Member Sub-County MOH Member HEALTH FACILITIES Rachuonyo North Sub-County Agera Dispensary Ngolo Dispensary Suba Sub-County Gino Dispensary Rachuonyo South Sub-County Dol Kodera Health Centre Rachuonyo East Sub-County Odino Health Centre 8th February, 2019 THE KENYA GAZETTE 365 Mbita Sub-County Litare Dispensary Kipasi Dispensary Ndhiwa Sub-County Abuoro Dispensary Kodiera Langi Dispensary Andiwo Dispensary Kabongo Dispensur, Rangwe Sub-County Rachar Dispensary Level 4 Hospitals Makongeni Level 4 Hospital Ndiru Level 4 Hospital Magunga Level 4 Hospital Dated theIst February, 2019 R. 0. MUGA, MR158 18547 CECM, Health, Honia Bay County GAZETFE NOTICE No. 1164 THE CONSTITUTION OF KENYA THE URBAN AREAS AND CITIES ACT (No. 13of2011) COUNTY GOVERNMENT OF NYERI NYERI MUNICIPALITY CHARTER, AUGUST, 2018 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 a 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 empowers the - County Governor, on the resolution of the County Assembly, to confer on a qualifying town, the status of a Municipality by grant of a Charter in the prescribed form. The Urban Areas and Cities Act does not have the prescribed form of a Municipal Charter. No regulations have been promulgated under the Urban Areas and Cities Act providing the prescribed form of a Municipal Charter under the Urban Areas andCities Act. Section 72 of the Interpretations and General Provisions Act aiiows for substantial conformity of any instruments required o be in a prescribed form under any statute in Kenya. The County Asseipbly of Nyeri in its afteriv- sitting on Wednes&y, 22nd August, 2018 duly approve' the reuu by the County Executive Conunittee of the Nv'-,i County Government for grant of this Charter to the now Manicipality of Nyeri. 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 Governor of Nyeri County grants the Municipality of Nyeri this Municipal Charter. Dated the 24th August, 2018. MUTAHI KAHIGA, Governor, Nyeri County 1 INCORPORATION, NAME AND BOUNDARIES 1.1 Incorporation and name 1.1.1 This Charter is the Municipal Charter of Nyeri Municipality, within Nyer County., Kenya. 1.1.2 All procees affecting Nyeri Municipality (hereinafter referred to as "the Municipality") shall be served on the Municipal Manager or acting Municipalivianager. 1.2 Boundaries 1.2.1 The boundaries of the Municipality shall be those existing under the defuBct Nycri Municipal Council immediately before the establishment of Nyeri County Government and shall include Chaka Town. I .2.T The boundanes may be altered by an amendment of this Charter with the approval of the Coupty Assembly. 2 PRINCIPLES OF GOVERNANCE AND MANAGEMENT, AND F1,JNCTIONS OF THE MUNICIPALITY 2.1 Principles of Governance and Management 2.1 .1 The governance and management of urban areas and cities shall be based on the following principles - (a) recognition and respect for the constitutional status of CountyGovemments; (h) recognition of the principal and agency relationship between the hoards of urban areas and cities and their respective County Governments including - the carrying Out by a board of such functions as may be delegated by the county government; financial accountability to the county govemment;and the governance by each board for and on behalf of the county government; promotion of accountability to the County Government and residents of the urban area or city; institutionalized active participation by its residents in the management of the urban area and city affairs; • (e) efficient and effective service delivery; and (f) clear assignment of functions; 2.2 Objects of the Municipality 2.2.1 The objects of the Municipality of Nyeri are to: (a) provide for efficient and accountable management of the affairs of the Municipality; (b) provide for a governance mechanism that will enable the inhabitants of the Municipality to - participate in determining the social services and regulatoryframework which will best satisfy their needs andexpectations; verify whether public resources and authority are utilized or exercised, as the case may be, to their satisfaction; enjoy efficiency in service delivery. (c) 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; (d) provide a high standard of social services in a cost effective manner to the inhabitants of the Municipality; (e) 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; (f) providing for services and other matters for Municipality's benefit; 8th February, 2019 (g) fostering the economic, social and environmental well-being of its community. 3 THE BOARD OF THE MUNICIPALITY 3.1 Establishment of the Board 3.1.1 There thall be a Board of the Municipality. 3.1.2 The Board of the Municipality shall be a body corporate with perpetual succession and a common seal and shall in its own corporate name, be capableof: 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 bylaw; entering into contracts; ana doing or performing all other acts or things for the proper performance of its functions in accordance with the Urban Areas and Cities Act or any other written law which may lawfully be done or performed by a body corporate. 3.1.3 The governance and management of the Municipality shall be in accordance with the law relating to County Governments. 3.2 Power,s and Functions of the Board of the Municipality 3.2.1 The Board of the Municipality shall have all the powers to perform all functions vested in boards of municipalities under the Urban Areas and Cities Act, the County Governments Act and the Municipality By-laws. 3.2.2 Subject to the Constitution, the Urban Areas and Cities Act and any other written law, the Board of the Municipality shall, within the boundaries of the Municipality - (a) exercise authority as delegated by the County Executive Committee on the, following matters- promotion, regulation and provision of refuse collection and solid waste management services; promotion and provision of water and sanitatiol) services and infrastructure (in areas within the Municipality not served by the Water and SanitationProvider); construction and maintenance of urban roads and associated infrastructure; construction and maintenance of storm drainage and flood controls; (st). cofistruction and maintenance of walkways and other non- motorized transport infrastructure; construction and maintenance of recreational parks and grenspaces; construction and maintenance of sfteetlighting; construction, niaintenance 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;. municipal administration services (including construction and maintenance of administrative offices); promoting and undertaking infrastructural development and services within municipality; 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 the National and CountyGovernment; ') with the approval of the County executive Committee make by- laws or make recommendations for issues to be included in by- laws in accordance with the Statutory Instruments Act; ensure participation of the residents in decision making, its activities and programs; and exercise such other powers as may be delegated by the County Executive Committee. 3.2.3 Notwithstanding the provision of section 3.2.2 (a) of this Charter4 such functions shall be delegated gradually as may, be determined by the county executive committee. 3.2.4 Subject to the provisions of the Urban Areas and Cities Act, the Board of the Municipality shall perform the following functions: oversee the affairs of the Municipality; develop or adopt policies, plans, strategies and programs and set targets for service delivery; formulate and implement an integr'ated developmentplan; 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, and freight and transit stations within the 'framework of the spatial and master plans for the Muniëipality as delegated by the County Government of Nyeri; promoting and undertaking infrastructural development and services within Municipality as delegated by the County Government of Nyeri; developing and , managing schemes, including site development in collaboration with the relevant national and county agencies; maintaining a comprehensive database and information system ofthe administration; administering andregulating its internal affairs; implementing applicable national and countylegislation; 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; (I) preparing and submitting its annual budget estimates to the relevant County Executive Committee member' for' consideration and submission to the County Assembly for approval as part of the annual County Appropriation Bill; (in)collecting rates, taxes levies, duties, fees and surcharges on fees as delegated by the County Government ofNyeri; settling and implementing tariff, rates and tax and debt collection policies as delegated by the County Government of Nyeri; monitoring the impact and effectiveness of any services, policies, programs orplans; establishing, implementing and monitoring performance management systems; ' 8th February, 2019 THE KENYA GAZETTE 367 promoting a safe and healthyenvironment; facilitating and regulating public transport within its area of jurisdiction; performing such other functions as delegated by the County Executive Committee. 3.3 Composition and Term of the Board of the Municipality 3.3.1 The Board of -the Municipality shall consist of nine (9) members. 3.3.2 Four (4) members of the Board of the Municipality shall be appointed through a competitive process by the Governor and approved by the County Assembly, and- 3.3.3 The remaining members of the Board shall be nominated by either of the following umbrella bodies: an umbrella body representing professional associations in the area;or an ilssociation representing the private Sector in the area;or a cluster representing registered associations of the informal sector in the area; or a cluster representing registered neighborhood associations in the area; or an association of Urban Areas and Cities. and appointed by the Governor with the approval of the County Assembly. 3.3.4 In appointing members of the Board of the Municipality, the Governor shall ensure gender equity, representation of persons with disability, y'outh and marginalized groups 3.3.5 A member of the Board of the Municipality shall hold office for five (5) years on a part-time basis which may be renewed for one furtherterm. 3.4 Eligibility for AppoIntment as Member of the Board of the Municipality 3.4.1 A person shall not be appointedas a member of the Board of the Municipality unless such person- (a) is a Kenyan citizen; • (b) is ordinarily resident or has a permanent dwelling in the Municipality; carries on business in the municipality; or has lived in the municipality for at least fiveyears. has a minimum of a Bachelor's Degree,from a recognized University. 3.5 Chairperson and Vice-Chairperson of the Board 3.5.1 At the first regular meeting of the Board of the Municipality, members of the Board of the Municipality shall elect from amongst themselves, a Chairperson and a Vice-chairperson of the Board who shall be of opposite gender. 3.5.2 The Chairperson and the Vice-chairperson of the Board shall hold office for a term of five (5) years. 3.5.3 The Chairperson of the Board of the Municipality shall have the following powers and shall perform the functions set outbelow- the Chairperson shall be the head of the Board of the Municipality; chairing the meetings of the Board of the Municipality;and perform such other duties as may be delegated by the Board of the Municipality. in the absence of the Chairperson, the Vice chairperson shall perform the functions of. the Chairperson or any other duties as delegated by the Chairperson. 3.6 Removal of the Chairperson aiid Vice –Chairperson 3.6.1 The Chairperson and the Vice-Chairperson of the Board of the Municipality may be removed by — the appointing authority; a vote of at least two-thirds of the members of Board of the Municipality at a duly convened meeting where quorum is present; or upon petition to the Assembly by the resident of the Municipality. 3.6.2 A person may be removed from the office of chairperson, vice chairperson or member of the Board of the Municipality if the member- is unable to perform the functions of the office by reason of mental orphysical infirmity; or without reasonable cause, the member is absent from three consecutive meetings of the Board or Committee of the Board of the Municipality within one financial year; or is found guilty of professional misconduct by the relevant professional body;or fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees;or (a) engages in any gross misconduct; is declared or becomes bankrupt or insolvent;or is disqualified from holding a public office under the Constitution; (7) is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more; or 3.6.3 The procedure for the removal of a Chairperson or Vice- Chairperson of the Roard of the Municipality under 3.6.2. above may be provided by Regulations under the Urban Areas and Cities Act and in the absence thereof in accordance with Kenyan law having regard to fair labor practices. 3.6.4 Any vacancy arising out of the removal of a Chairperson or the Vice-Chairperson of the Board of the Municipality may be filled in the manner provided under Article 3.3 and 35 respectively. 3.7 Secretary of the Board of the Municipality 3.7.1 The MunicipalManager, or a person acting in his/her capacity, shall be the secretary of the Board. The secretary of the board shall not have a voting right. 3.7.2 The Board of the Municipalitymay- 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; and 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 of the Municipality; 3.7.3 The Committees of the Board of the Municipality to which members of the Board of the Municipality delegate any of their powers and functions must follow procedures which are based as a far as they are applicable on those provision of this Charter which govern the taking of decisions and performance of functions by the Board of the Municipality. 3.8 Remuneration of the Members of the Board of the Municipality 3.8.1 The Members of the Board of the Municipality shall not be entitled to a salary. 3.8.2 However, members of the Board of the Municipality shall be paid such allowances as the County Executive Committee shall, with the advice of the Salaries and Remuneration Commission, determine. 3.8 Vacancy in the Office 3.8.1 The office of the Chairperson, Vice chairperson or member of the Board of the Municipality becomes vacant- if the office holder dies; if the office holder resigns in writing addressed to the County Governor; if the office holder is removed from office under this Charter or legislation; at the end of the term of the Board; if the member becomes disqualified on grounds specified in this Charter or legislation. 3.8.2 Any vacancy arising in the Board of the Municipality shall be filled in the manner provided in clause 3.3. 3.9 Meetings of the Board of the Municipality 3.9.1 The Board of the Municipality shall hold its sittings to transact the business of the Board once every threemonths. 3.9.2 Notwithstanding Article 3.10.1, the Chairperson of the Board of the Municipality may, and upon request in writing by at least one-third of the members of the Board of the Municipality shall, convene a special meeting to transaction any urgent business of the Board of the Municipality. 3.9.3 A Board meeting shall be formally convened through a fourteen days' notice, issued by the secretary to the board, to all board members inwriting. 3.9.4 A member of the Board Qf the Muiiicipality who has an interest in any matter or subject under discussion regarding any subject or transaction under consideration by the Board of the Municipality, shaH declare such interest and shall not participate in the proceedings of the Board over such matter or subject. 3.10 Quorum 3.10.1 The quorum of the Board shall be,more than one half of its membership, 3.11 Rules of the Board 3.11.1 The Board of the Municipality shall by resolution adopt rules to govern its meetings. 3.12 Record of information of the Board 3.12.1 The minutes and other information of the Board of the Municipality shall be kept by the Secretary of the Board of the Municipality. 3.12.2 Every Board shall furnish the County Exccutive Committee and any other person as the County Executive Conimittee may designate, with certified copiesof.- any proceedings or minutes of the board or its committees within twenty one days after the confirmation of the minutes; records of any of its accounts; and reports, Statistics and documents as the county executive committee mayrequire. 3.13 Public Participation 3.13.1 The Board of the Municipality shall ensure the development of mechanisms for the participation of the residents of the Municipality, in the management and administration of theMunicipalgy. 3.13.2 All recommezidations from the Public participation Fora of the Municipality shall he forwarded to the Board of the Municipality for consideration. . 3.13.3 All recommendations on issues faisodln the Niblic participation- Fora and considered by the Board of the Municipality shall be forwarded to the Municipal Manager for implementation as appropriate. . 4 POWER TO MAKE BY-LAWS 4.1 -By-Laws . 4.1.1 The Board may with the approval of the County Executive Committee make by-laws or make recommendations for issues to be included in by-laws. 4.1.2 The by-laws shall be subject to the provisions of the Statutory Instruments Act No. 23of 2013. 4.1.3 Such by-laws shall be in conformity with the Constitution, County,Governments Act,the Urban Areas and Cities Act, this Charter sand any other writtenlaw. 4.1.4 Any by-law that is inconsistent with the Constitution, County Governments Act, the Urban Areas and Cities Act, this Charter and any other written law is null and void to the extent of the inconsistency. 5 ADMINISTRATIVE AUTHORITY 5.1 Resolutions 5.1.1 The Board of the Municipality shall make decisions by way of resolution supported by a majority of its members present and voting. 6 THE MUNICIPAL MANAGER 6.1 Office of the Municipal Manager 6.1.1 There is established the office of the Municipal Manager. 6.1.2 The Municipal Manager shall be the administrative head of the Municipality and Secretary to the Board. 6.2 Appointment and Term 6.2.1 The Municipal Manager shall be competitively recruited and appointed by the County Public Service Board on such terms as the County Public Service Board may specify. 6.2.2 Nothing in this section shall prevent the County Public Service Board from seconding a qualified County Public Service Officer to the position of Municipal Manager. 6.3 Qualifications 6.3.1 The Municipal Managershall- be a citizen of Kenya hold a degree from a university recognized in Kenya or its equivalent have served and has proven experience in administration or managementeither in public or private sector for a term of at least five years. 6.4 Functions and Responsibilities of the Municipal Manager 6.4.1 The Municipal Manager shall implement and execute the decisions of the Board of the Municipality and shall be answerable to theBoani. 6.4.2 The Municipal Manager shall perform the following functions- prepare and present for approval of the Board of the Municipality, an annual estimate of revenue and expenditure to fund and carry Out the programs and operations of the Municipality; cause to be prepared, transmitted to the Board of the Municipality, and distributed to the public an annual report on the activities and accomplishments of the departments and agencies comprising the executive branch of the Municipality. provide secretarial services to the Municipal Board as an ex-officio member; attend all Board of the Municipality meetings; make reports and recommendations to the Board of the Municipality about the needs of the Municipality; and such other functions as the Board may confer upon the Municipal Manager. 6.5 Remuneration 6.4.3 The terms of service and remuneration shall be as determined by the County Public Service Board on the advice .of the Salaries and Remuneration Commission. 6.6 Acting Municipal Manager 6.6.1 When the Municipal Manager is absent or temporarily incapacitated from acting as Municipal Manager or wheo the office of 8th February, 2019 THE KENYA GAZETTE OEM the Municipal Manager becomes vacant, the County Public Service Board shall appoint a qualified person to be an Acting Municipal Manager. 6.6.2 Notwithstanding the provisions of section 6.6.1, the County Public Service Board shall have power to appoint a County Staff who meets the qualification requirement, as an Acting Municipal Manager. 7 SOURCES OF THE MUNICIPALITY'S FUNDS AND REVENUE 7.1 The Board of the Municipality shall, subject to all laws and regulations on management ofpublic finances, derive its revenue and funds from- monies allocated by the County Assembly for the purposes of the management and service delivers' of the Board; all monies or grants from - any other legitimate source provided or donated to the Board; investment income; and borrowing. 7.2 Appointment of the Municipality Accounting Officer 7.2.1 The County Executive Committee Member for Finance shall designate an officer in the County Public Service to be the Accounting Officer for the Municipality in the manner provided under Section 148 of the Public Finance Management Act. 7.2 Financial Year 7.2.1 The Municipality shall operate on an annual budget. 7.2.2 The financial year of the Board of the Municipality shall be the period of twelve months ending on the thirtieth June in eachyear. 73 Budget 7.3.1 The budget of the Board of the Municipality shall.be developed in the manner provided under Section 175 of the Public Finance Management Act. 7.4 Management of Municipality Finances 7.4.1 The Board of the Municipality shall, with the approval of the County Executive Committee member for finance, open and maintain a bank account in the name of theMunicipality. 7.4.2 All monies received by the Board of the Municipality shall be paid into the Municipality's bank account promptly and in accordance with the Public Finance Manaement Act. 7.4.3 The Board shall, within three months of its inception, establish relevant financial and administrative policies to ensure efficient and effective municipal operations. 7.5 Borrowing by the Municipality 7.5.1 The Board of the Municipality may only borrow from:- the County Government; through the County Government;or by way of a bank overdraft. and subject to such terms as may be imposed by the County Assembly or such terms as provided by law. 7.6 Accounts and Audit 7.6.1 The Accounts and audit of the Board of the Municipality shall be as provided under section 46 and 47 of the Ufban Areas and Cities Act. 8 MUNICIPALITY PERSONNEL 8.1 Employment or secondment of personnel The Board of the Municipality may, through the relevant County Executive Committee member, request the County Public Service Board to employ or second such officers and employees as it deems necessary to execute the functions and duties provided by this Charter or any other law. 8.2 Management of Municipal Personnel 8.2.1 The office of the Municipal manager shall be an office in the county public service within the meaning of the Part VII of the County GovernmentsAct. 8.2.2 All offices in the Municipality shall be as determined by the County Public Service Board upon recommendation by the County Executive Committee. 8.2.3 Employees of the Municipality shall be under the general guidance and supervision of the Municipal Manager. 8.3 Retirement Systems 8.3.1 All officers and employees of the Municipality shall subscribe to an existing pension scheme for officers and staff of the County Government. 8.4 Compensarion of Municipal Personnel - 8.4.1 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. 9 MUNICIPALITY PROPERTY 9.1 Acquisition, Possession and Disposal 9.1.1 Without prejudice to the generality of the provisions of this charter, the Board of the Municipality may for the purpose of provisions of services assigned to it- Purchase, lease or otherwise acquire on such terms as the County Executive Committee may approve; premises, plant equipmeht, and facilities,and Purchase, lease or ctherwise acquire land on such terms as the CountyExecutive Committee may approve. 10 GENERAL PROVISIONS 10.1 OathofOffice 10.1.1 Before assuming the duties of-their offices, the Chairperson, Vice-Chairperson and the Members of the Board, shall subscribe to the -Code of Conduct for Public Officers and subscribe to the following Oath or Affirmation: "I......being called on to exercise the functions of (ChairpersonfVice chairpersonlBoard Members) of the Municipality of Nyeri, do swear/solemnly affirm that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold the Constitution of Kenya and all other laws of the Republic, that I shall diligently discharge my duties and perform my functions in the said office, to the best of my judgment; that I shall do jultice to all. So help me God. 10.2 Amendments to the Charter 10.2.1 The County Executive Committee may with the approval of the County Assembly amend any provision of this Charter. 10.3 Separability 10.3.1 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. 11 TRANSITIONAL PROVISIONS 11.1 Effective date of Charter 11.1.1. The provisions of this Charter shall come to effect upon publication in the Kenya Gazette. 11.2 Protection against Personal Liability 11.2.1 No act, matter or thing done or omitted to be done by - the chairperson or vice chairperson of a city or municipality; any member of a board or its mahagement or committee; any member of staff or other person in the service of city or municipal board; or any person acting under the direction of a board shall, if that act, matter or thing was done or omitted to be done in good faith in the execution of a duty or under direction, render that member or person personally liable to any civil action, claim ordemand. 370 THE KENYA GAZEUE 8th February, 2019 11.2.2 Notwithstanding the provisions of subsection (1), a person who misappropriates, or authorizes the use- of funds contrary to existing law or instructions shall be accountable for any loss arising from that use and shall be required to make good the loss even if that person has ceased to hold office. Dated the 22nd August, 2018. KANYARI PAUL, Chairperson, Committee on Lands, MR/55 18426 Housing, Physical Planning and Urbanization.