GAZETTE NOTICE NO. 9928

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. WHEREAS 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. WHEREAS 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. WHEREAS section 9 (1) of the Urban Areas and Cities Act empowers the County Governor, to confer the status of a Municipality on a Town that meets the criteria set by the law. WHEREAS the Urban Areas and Cities Act does not have the prescribed form of a Municipal Charter. WHEREAS no regulations have been promulgated under the Urban Areas and Cities Act providing the prescribed form of a Municipal Charter under the Urban Areas and Cities Act. WHEREAS section 72 of the Interpretations and General Provisions Act allows for substantial conformity of any instruments required to be in a prescribed form under any statute in Kenya. WHEREAS the County Assembly of Taita Taveta duly approved the request by the County Executive Committee for grant of this Charter to the now Municipality of Taveta. NOW therefore in exercise of the powers conferred by section 9 (1) of the Urban Areas and Cities Act, 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 Taita Taveta County hereby grants the Municipality of Taveta this Municipal Charter on this 13th June, 2023. 1. INCORPORATION, NAME AND BOUNDARIES 1.1.1. This Charter is the Municipal Charter of the Municipality of Taveta, within Taita Taveta County, Kenya. 1.2 BOUNDARIES 1.2.1. All processes affecting the Municipality shall be served on the Municipal Manager or Deputy Municipal Manager. 1.2.1. The corporate limit of the Municipality is described as follows: The boundary as shown below covers an area of approximately 316 square kilometers (316KM²); The boundary commences from a known point at Lotima Hill of reference point 347616.82 E, 9620339.26 and thence North 3797M from Kayole shopping centre to the Kenya-Tanzania border on a true bearing of 344.16° on reference coordinate 346592.70 E, 9623772,.18 S. It then moves due North East along the Kenya- Tanzania boundary on a straight line on a distance of 7092m and then turns due East following the International boundary across Lessesia for a distance of 1814m on a bearing of 86.10°. It then moves North along the International boundary upto Lake Challa for a distance of 3177m on a bearing of 0.52°. The boundary runs across the Lake along the International boundary for a distance of 5195m and it turns due South East from Majengo towards Gicheha on a bearing of 100.93° for 4536m at point of reference 360790.07 E, 9638300.98 S. Thence due North up along the road for a distance of 4586m on a bearing of 359.72° at a point of reference 360719.80 E, 9642939.61 S. It then continues to the East on a bearing of 57.27 degrees for 3626m to include Gicheha farm, where it runs East on a bearing of 92.06° to meet the Tsavo West and Gicheha Farm boundaries at a point of reference 366970.08 E, 9644859.51S. Thenceforth it runs due East along the farm boundary and Tsavo West Park on a bearing of 170.35° for 20620m to Salaita hill at a point of reference 365962.43 E, 9624694.34 S. Thence 4305m due West on a bearing of 275.47° to Ndilidau (Asali) at a point of reference 361665.47 E, 9625036.24 S. The boundary then runs due South towards Mata on a bearing of 173.07° for 10776.5m at a point of reference 362977.51 E, 9614404.11 S and thence West towards the Twiga Farm 2405m at a bearing of 267.08° on reference co-ordinate 360589.99 E, 9614324.74 S. Thence 3342m due North along the Jipe Conservancy Boundary and Kimala Mata Settlement Scheme on reference coordinate 360114.69 E, 9617656.40 S. Thence the boundary runs across Sela Mbaha towards Kayole shopping centre on a bearing of 277.27° for a distance of 9105m and on a straight line due North West 292.96° for a distance of 3805m to meet at Kayole Shopping centre at a point of reference 347596.05 E, 9620215.83 S. 1.2.2. The Municipality boundary map is as attached below: 2. POWERS, OBJECTS AND FUNCTIONS OF THE MUNICIPALITY 2.1. POWERS OF THE MUNICIPALITY 2.1.1. Save as is hereinafter provided, the Municipality of Taveta 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, the County Government Act and the Laws of the County Government of Taita Taveta. 2.1.2. 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 Laws of the County Government of Taita Taveta. 2.2. OBJECTS OF THE MUNICIPALITY 2.2.1. The objects of the Municipality of Taveta 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: (i) Participate in determining the social services and regulatory framework, which will best satisfy their needs and expectations. 28th July, 2023 THE KENYA GAZETTE (ii) Ensure that public resources and authority are utilized or exercised, as the case may be, to their satisfaction. (iii) Enjoy efficiency in service delivery. (c) To pursue the developmental opportunities which are available in the municipality 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 collectiveaction and commitment towards achieving the goal of a harmonious and stable community. (f) Providing for services, by-laws and other matters for Municipality’s benefit. (g) Fostering the economic, social and environmental well-being of its community 2.3 FUNCTIONS OF THE MUNICIPALITY OF TAVETA 2.3.1. The Municipality of Taveta shall, within the boundaries of the Municipality, perform the following functions: (a) Promotion, regulation and provision of refuse collection and solid waste management services. (b) Construction and maintenance of municipality roads and associated infrastructure. (c) Construction and maintenance of storm drainage and flood controls. (d) Construction and maintenance of walkways and other non- motorized transport infrastructure. (e) Development and maintenance of recreational parks and green spaces. (f) Installation and maintenance of street lighting. (g) Maintenance and regulation of traffic controls and parking facilities. (h) Construction and maintenance of bus stands and taxi stands. (i) Regulation and control of outdoor advertising. (j) Construction, maintenance and regulation of municipal markets and abattoirs. (k) Construction and maintenance of fire stations; provision of fire-fighting services, emergency preparedness and disaster management. (l) Promotion, regulation and provision of municipal sports and cultural activities. (m) Promotion, regulation and provision of animal control and welfare; (n) Development and enforcement of municipal plans and development control. (o) Provision of municipal administration services (including construction and maintenance of administrative offices). (p) Promoting and undertaking infrastructural development and services within the municipality. (q) Any other functions as may be delegated by the County Executive Committee and approved by the County Assembly. (r) Promotion and provision of water and sanitation services and infrastructure in areas within the municipality not served by the water and sanitation provider. 3 THE BOARD OF THE MUNICIPALITY OF TAVETA 3.1. ESTABLISHMENT OF THE BOARD 3.1.1. There shall be a Board of the Municipality of Taveta to be known as the Taveta Municipality Board. 3.1.2. The Board of the Municipality shall be a corporate body with perpetual succession and a common seal and shall in its own corporate name, be capable of– (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; (c) borrowing money or making investments within the limits imposed by law (d) entering into contracts; and (e) doing or performing all other act 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. There shall be a principle and agency relationship between the Board of the Municipality and County Government of Taita Taveta, where the former is the agent and the latter is the principal. 3.2 POWERS AND FUNCTIONS OF THE BOARD OF THE MUNICIPALITY 3.2.1. Save as otherwise expressly stated in this Charter, the Board of the Municipality shall have all the powers and perform all functions vested in boards of municipalities under the Urban Areas and Cities Act, the County Government Act, any relevant County laws and the Municipality Regulations. 3.2.2. Except as this Charter otherwise provides, all powers of the Municipality shall be vested in the Board of the Municipality of Taveta. 3.2.3. The Board of the Municipality shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the Board of the Municipality. 3.2.4. Subject to the above provisions, the Constitution of Kenya and other written laws the Board of the Municipality shall, within the boundaries of the Municipality of Taveta— (a) exercise executive authority as delegated by the County Government of Taita Taveta; (b) ensure provision of services to its residents (c) impose such fees, levies and charges as may be authorized by the County Government of Taita Taveta for delivery of services by the Municipality; (d) promote constitutional values and principles; (e) ensure the implementation and compliance with policies formulated by both the National and County Government; (f) make by-laws or recommendations for issues to be included in County Legislation; (g) ensure participation of the residents in decision making, its activities and programmes; and (h) exercise such other powers as may be delegated by the County Executive Committee of the County of Taita Taveta. 3.2.5. Notwithstanding any other provision of law or this charter, the Board of the Municipality of Taveta shall exercise such executive authority as may be delegated by the County Government of Taita Taveta for the necessary performance of its functions. 3.2.6. The Board of the Municipality of Taveta shall perform the following functions– (a) Oversee the affairs of the Municipality. (b) Develop or adopt policies, plans, strategies and programmes and set targets for service delivery. (c) Formulate and implement an integrated development plan. 3228 3228 (d) Control land use, land sub-division, land development and zoning by public and private sectors for any purpose, including industry, commerce, markets, shopping and other employment centres, 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 municipality as may be delegated by the County Government of Taita Taveta. (e) As may be delegated by the County Government of Taita Taveta, promote and undertake infrastructural development and services within the municipality. (f) Develop and manage schemes, including site development in collaboration with the relevant national and county agencies. (g) Maintaining a comprehensive database and information system of the administration. (h) Administering and regulating its internal affairs. (i) Implementing applicable national and county legislation. (j) Monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the Board of the Municipality. (k) Preparing and submitting 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. (l) As may be delegated by the County Government of Taita Taveta, collect rates, taxes, levies, duties, fees and surcharges on fees. (m) Settle and implement tariff, rates and tax and debt collection policies as delegated by the County Government of Taita Taveta. (n) Entering into contracts, partnerships or joint ventures as it may consider necessary for the discharge of its functions, through the County Executive Committee in charge with the approval of the County Assembly of Taita Taveta’. (o) Monitoring the impact and effectiveness of any services, policies, programs or plans. (p) Establishing, implementing and monitoring performance management systems. (q) Promoting a safe and healthy environment. (r) Facilitating and regulating public transport. (s) Performing such other functions as delegated by the County Government of Taita Taveta. (t) Where any by laws passed by the Municipality Board are not subsistent with County laws, the County legislation can take precedence. 3.3. COMPOSITION AND TERM OF THE BOARD OF THE MUNICIPALITY 3.3.1. The Board of the Municipality shall be composed of nine (9) members. 3.3.2. The County Executive Member for the time being responsible for cities and urban areas or a representative 3.3.3. Three (3) members of the Board of the Municipality shall be appointed through a competitive process by the County Executive Committee and approved by the County Assembly. 3.3.4. Four (4) members of the Board shall be nominated by the following umbrella bodies– (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; (d) a cluster representing registered neighborhood associations in the area; and and appointed by the County Executive Committee with the approval of the County Assembly. 3.3.5. The Chief Officer responsible for urban development; and 3.3.6. Their shall be an ex-officio member to the board who is; (a) The Municipal Manager and the secretary to the Board 3.3.7. 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. 3.3.8. The term of the members of the Board of the Municipality of Taveta shall be five (5) years on a part-time basis. 3.4. ELIGIBILITY FOR APPOINTMENT AS MEMBER OF THE BOARD OF THE MUNICIPALITY 3.4.1. Each member of the Board of the Municipality shall have the following qualifications– (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 (f) carries on business in the municipality or has lived in the municipality for at least five years. 3.5. 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 of Taveta shall elect from amongst themselves, a Chairperson of the Board of the Municipality. 3.5.2. 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; (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 m the municipality; and (f) carries on business in the municipality or has lived in the municipality for at least five years. 3.5.3. The Chairperson of the Board shall hold office for a term of five (5) years. 3.6. POWERS AND FUNCTIONS OF THE CHAIRPERSON 3.6.1. The Chairperson of the Board of the Municipality shall have the following powers and shall perform the functions set out below– (a) the Chairperson shall be the head of the Board of the Municipality; (b) chairing the meetings of the Board of the Municipality; and (c) perform such other duties as may be delegated by the Board of the Municipality. 3.7. VICE-CHAIRPERSON OF THE BOARD OF THE MUNICIPALITY 3.7.1. At the first regular meeting of the Board of the Municipality, 28th July, 2023 THE KENYA GAZETTE members of the Board of the Municipality shall elect from amongst themselves, a Vice-Chairperson of the Board of the Municipality. 3.7.2. The Chairperson and the Vice-Chairperson of the Board of the Municipality shall at all times be of opposite gender. 3.7.3. The Vice-Chairperson shall, in the absence of the Chairperson for purposes of meetings perform the functions of the Chairperson and shall perform such other functions as may be delegated by the Chairperson. 3.7.4. In the absence of the Chairperson and Vice Chairperson, the members present shall elect one of their own to chair the meetings of the Board of Municipality 3.8. REMOVAL OF THE CHAIRPERSON AND VICE- CHAIRPERSON 3.8.1. The Chairperson and the Vice-Chairperson of the Board of the Municipality may be removed by: (a) the County Governor; (b) the vote of at least two-thirds of the members of the Board of the Municipality at a duly convened meeting where quorum is present; or (c) upon petition by a resident of the Municipality. 3.8.2. The procedure for the removal of a Chairperson or Vice- Chairperson of the Board of the Municipality under 3.8.1 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 labour practices. 3.8.3. Any vacancy arising out of the removal of a Chairperson or the Vice-Chairperson of Board of the Municipality may be filled in the manner provided under Article 3.5.1 and 3.7.1 respectively. 3.9. SECRETARY OF THE BOARD OF THE MUNICIPALITY 3.9.1. The Secretary of the Municipality shall be the Municipal manager who shall be appointed in accordance with Article 6 of this Charter. 3.9.2. Where the Secretary of the Board of the Municipality is absent from any meeting, the Deputy Municipal Manager shall act as the secretary in that meeting. 3.10. COMMITTEES OF THE BOARD OF THE MUNICIPALITY OF TAVETA 3.10.1. The Board of the Municipality of Taveta may– (a) 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; (b) 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; and (c) include persons with necessary expertise who are not members of the Board in any Committee. 3.10.2. 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 far as they are applicable on those provisions of this Charter, which govern the taking of decisions and performance of functions, by the Board of the Municipality. 3.11. REMUNERATION OF THE MEMBERS OF THE BOARD OF THE MUNICIPALITY 3.11.1. The Board of the Municipality of Taveta shall not be entitled to a salary. 3.11.2. However, members of the Board of the Municipality shall be paid such allowances, as the County Executive Committee shall with the approval of the County Assembly and the advice of the Salaries and Remuneration Commission determine, pursuant to Section 25 of the Urban Areas and Cities Act, 2011 (Revised 2019). 3.12. REMOVAL OF MEMBERS OF THE BOARD OF THE MUNICIPALITY 3.12.1. A member of the Board of the Municipality shall cease to hold office if the member– (a) is unable to perform the functions of the office by reason of mental or physical infirmity; (b) is declared or becomes bankrupt or insolvent; (c) is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more; (d) resigns in writing to the County Governor; (e) without reasonable cause or permission from the Chair, the member is absent from three consecutive meetings of the Board or Committee of the Board of the Municipality within one financial year; (f) is found guilty of professional misconduct by the relevant professional body; (g) is disqualified from holding a public office under the Constitution; (h) fails to declare his or her interest in any matter being considered or to be considered by the Board or Board Committees; (i) engages in any gross misconduct; or (j) dies. 3.12.2. A member of the Board of the Municipality may be removed from office by– (a) the County Governor; (b) a resolution of the Board of the Municipality supported by at least two-thirds of the members of the Board of the Municipality; or (c) petition by the residents of the Municipality. 3.12.3. The procedure for the removal or petition for removal of a member of the Board of the Municipality under 3.12.2 above shall be as prescribed under the relevant law. 3.12.4. Any vacancy arising out of the removal of a member of the Board of the Municipality may be filled in the manner provided under Article 3.3 above. 3.13. MEETINGS OF THE BOARD OF THE MUNICIPALITY 3.13.1. The Board of the Municipality shall hold its sittings to transact the business of the Board once every three months. 3.13.2. Notwithstanding Article 3.13.1, 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 transact any urgent business of the Board of the Municipality. 3.13.3. All regular meetings of the Board of the Municipality called for the purpose of transacting public business, where a majority of the members elected are present, shall be open to the public. 3.13.4. The Board shall have the privilege of holding executive sessions from which the public is excluded, however, no by-laws, resolution, rule or regulation shall be finally adopted at such an executive session. 3.14. QUORUM OF MEETINGS OF THE BOARD OF THE MUNICIPALITY 3.14.1. At least half of the members of the Board of the Municipality is a quorum to conduct business, but a 3230 3230 smaller number may meet and compel attendance of absent members as prescribed by Board of the Municipality Rules. 3.14.2. A member of the Board of the Municipality who is interested in any discussions or decision-making regarding any subject or transaction under consideration by the Board of the Municipality, shall not to 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. 3.15. RULES OF THE BOARD 3.15.1. The Board of the Municipality shall by resolution adopt rules to govern its meetings. 3.16. RECORD OF INFORMATION OF THE BOARD 3.16.1. The minutes and other information of the Board of the Municipality shall be kept by the Secretary of the Board of the Municipality. 3.16.2. Access to information on the activities and resolutions of the Board of the Municipality shall be as provided under the Urban Areas and Cities Act. 3.17. CITIZEN PARTICIPATION 3.17.1. The Board of the Municipality shall ensure the development of mechanisms for the participation of the residents of the Municipality of Taveta in the management and administration of the Municipality. 3.17.2. All recommendations from the Citizen Fora of the Municipality of Taveta shall be forwarded to the Board of the Municipality for resolution. 3.17.3. All recommendations on issues raised in the Citizen Fora and addressed by the Board of the Municipality shall be forwarded to the Municipal Manager for implementation. 3.17.4. In implementing Article 3.17, the Board shall make reference to the provisions for public participation in the Constitution of Kenya, Urban Areas and Cities Act, County Government Act, Taita Taveta County legislations and polices and any other relevant County and National Laws. 4. LEGISLATIVE AUTHORITY 4.1. BY-LAWS 4.1.1. The Board of the Municipality shall pass Municipality By- laws, upon approval by the County Assembly and with the assent of the Governor, to enable it carry out its mandate efficiently. 4.2. PASSING OF BY-LAWS 4.2.1. Except as authorized by Article 3.2, passing of By-laws shall require approval by a majority of the Board of the Municipality at two meetings. 4.2.2. The Board of the Municipality may adopt a By-law at a single meeting by the unanimous approval of at least a quorum of Board, provided the proposed By-law is available in writing to the public at least one week before the meeting 4.2.3. Any substantive amendment to a proposed By-law must be read aloud or made available in writing to the public before the Board of the Municipality adopts the By-law at that meeting. 4.2.4. After the adoption of a By-law, the vote of each member must be entered into the Board minutes. 4.2.5. After adoption of a By-law, the Chairperson of the Board must endorse it with the date of adoption and his title. 4.2.6. The Board shall submit all the endorsed By-law, in 4.2.5 above, to the County Executive Committee Member in charge for onward submission to the County Assembly for approval and assent by the Governor. 4.3. EFFECTIVE DATE OF BY-LAWS 4.3.1. By-laws shall take effect on the 14th day after assent by the Governor, or on a later day provided in the By-law. 4.3.2. A By-law may take effect as soon as it is approved or other date less than 14 days after assent by the Governor if it contains an emergency clause. 5. ADMINISTRATIVE AUTHORITY 5.1. RESOLUTIONS 5.1.1. The Board of the Municipality shall exercise its administrative authority by approving resolutions. 5.2. APPROVAL OF RESOLUTIONS 5.2.1. Approval of a resolution or any other Board administrative decision requires approval by the Board of the Municipality at one meeting. 5.2.2. After approval of a resolution or other administrative decision, the vote of each member must be entered into the Board minutes. 5.3. EFFECTIVE DATE OF RESOLUTIONS 5.3.1. Resolutions and other administrative decisions take effect on the date of approval, or on a later day provided in the resolution. 6. THE MUNICIPAL MANAGER 6.1 OFFICE OF THE MUNICIPAL MANAGER 6.1.1. There is established the office of the Municipal Manager which shall be an office in the County Public Service pursuant to Section 29 of the Urban Areas and Cities Act, 2011 (Revised 2019). 6.1.2. The Municipal Manager shall be the administrative head of the Municipality of Taveta. 6.1.3. The Municipal Manager shall be the secretary of the Board of Municipality of Taveta. 6.2. APPOINTMENT AND TERM 6.2.1. The Municipal Manager shall be competitively recruited and appointed by the County Public Service Board of Taita Taveta. 6.2.2. The Municipal Manager shall be appointed for a period of five years, renewable for a similar period, or as may be determined by the County Public Service Board with recommendation of the County Executive Committee. 6.3. QUALIFICATIONS 6.3.1. The Municipal Manager shall– (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. 6.3.2. In appointing the Municipal Manager, the County Public Service Board shall ensure– (a) gender equity; (b) the inclusion of minorities and marginalized communities; and (c) citizenship of the person. 6.4. FUNCTIONS AND POWERS OF THE MUNICIPAL MANAGER 6.4.1. The Municipal Manager shall implement the decisions and functions of the Board of the Municipality of Taveta and shall be answerable to the Board. 6.4.2. The Municipal Manager shall perform the following functions– (a) act on behalf of the Board of the Municipality– 28th July, 2023 THE KENYA GAZETTE (i) in ensuring the execution of the directives of the Board of the Municipality; (ii) during all intervals between meetings of the Board of the Municipality; (b) keep all the minutes and other records of the Board. (c) 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. (d) 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. (e) cause to be prepared, transmitted to the Board of the Municipality and published, an annual report on the activities and accomplishments of the departments and agencies comprising the executive branch of the Municipality. (f) act as an ex-officio member and secretary of the Board and of all committees of the Board of the Municipality; and (g) such other functions as the Board may, by order, confer upon the Municipal Manager. 6.4.3. 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 and shall be required to: (a) Exercise supervision over all departments and agencies of the Municipality and provide for the coordination of their activities. (b) Enforce the provisions of this Charter, Municipal Regulations and all applicable laws. (c) Exercise powers granted to the Municipal Manager in this Charter, Regulations and applicable laws concerning the appointment and removal of certain officers, employees and members of committees of the Board of the Municipality. (d) Exercise such other powers as may be prescribed by this Charter, Regulations and applicable laws. 6.4.4. The Municipal Manager shall: (a) Attend all meetings of the Board of the Municipality unless excused by the Chairperson of the Board or the Board of the Municipality. (b) Make reports and recommendations to the Board of the Municipality about the needs of the Municipality. (c) Administer and enforce all Municipality Regulations, resolutions, franchises, leases, contracts, permits and other Municipality decisions. (d) With the approval of the Board, appoint, supervise and remove Municipality employees. (e) Organize Municipality departments and administrative structure. (f) Prepare and administer the annual Municipality budget. (g) Administer Municipality utilities and property. (h) Encourage and support regional and intergovernmental co- operation. (i) Promote cooperation among the Board of the Municipality, staff and citizens in developing Municipality policies and building a sense of community. (j) Perform other duties as directed by the Board of the Municipality. (k) Delegate duties, but remain responsible for acts of all subordinates. 6.4.5. The Municipal Manager shall have no authority over the Board of the Municipality. 6.4.6. The Municipal Manager shall be entitled to attend meetings of the Board of the Municipality but shall not be entitled to vote. 6.5. REMUNERATION OF THE MUNICIPAL MANAGER 6.5.1. The County Public Service Board shall set the compensation and determine the terms and conditions of employment of the Municipal Manager in consultation with the Salaries and Remuneration Commission. 6.6. REMOVAL OF THE MUNICIPAL MANAGER 6.6.1. The Municipal Manager may be removed from office by: (a) The municipal Manager, being an office in the County Public Service is subject to removal procedures affecting other public servants under the County Public Service Board of Taita Taveta. (b) Procedure for the removal of the Municipal Manager may be provided by the regulations made under the County Government Act (no 17 of 2012) in accordance with the Kenyan Law and fair labour practices. 6.6.2. The Municipal Manager shall cease to hold office upon the lapse of the employment term or if he/she– (a) is unable to perform the functions of the office by reason of mental or physical infirmity; (b) is declared or becomes bankrupt or insolvent; (c) is convicted of a criminal offence and sentenced to a term of imprisonment of six months or more; (d) resigns in writing to the County Governor; (e) without reasonable cause, is absent from three consecutive meetings of the Board of the Municipality; (f) is found guilty of professional misconduct by the relevant professional body; (g) is disqualified from holding a public office under the Constitution; (h) engages in any gross misconduct; or (i) dies. 6.6.3. Any vacancy arising in the office of the Municipal Manager may be filled in the manner provided under Article 6.2 above. 6.7. DEPUTY MUNICIPAL MANAGER 6.7.1. There is established the office of the Deputy Municipal manager who shall deputize the Municipal Manager. 6.7.2. When the office of the Municipal Manager becomes vacant, the Deputy Municipal Manager shall perform the functions of the Municipal Manager until such a time as the County Public Service Board recruits a substantive person to fill the office. 6.7.3. The Deputy Municipal Manager shall have the authority and perform the duties of the Municipal Manager except that the Deputy Municipal Manager may appoint or remove employees only with the approval of the Board of Municipality. 6.7.4. The Deputy Municipal Manager shall hold office until such a time when a new Municipal Manager shall be appointed by the County Public Service Board of Taita Taveta. 6.7.5. The Deputy Municipal Manager shall be competitively recruited and appointed by the County Public Service Board of Taita Taveta. 6.7.6. The Deputy Municipal Manage may be appointed for a period of 3 years. 7. MUNICIPAL FINANCES AND FINANCIAL MANAGEMENT 7.1. SOURCES OF THE MUNICIPALITY’S FUNDS AND REVENUE 7.1.1. The Board of the Municipality shall derive its revenue and funds from– 3232 3232 (a) monies allocated by the County Assembly for the purposes of the management and service delivery of the Board under section 174 of the PFM Act; (b) monies or assets that may accrue to the Board in the course of the exercise of its powers or the performance of its functions; (c) all monies or grants from any other legitimate source provided or donated to the Board; (d) as shall be authorized by the County Executive Committee with the approval of the County Assembly, revenue arising from rates, fees, levies, charges and other revenue raising measures which is retained by Municipality for the purpose of defraying its costs for providing services; (e) investment income; and (f) borrowing, as shall be authorized by the County Executive Committee upon approval by the County Assembly. 7.2. APPOINTMENT OF THE MUNICIPALITY ACCOUNTING OFFICER 7.2.1. 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. 7.3. FUNCTIONS AND POWERS OF THE MUNICIPAL ACCOUNTING OFFICER 7.3.1. The Municipality Accounting Officer shall have all the powers and perform all the functions of accounting officers in accordance the Public Finance Management Act. 7.3.2. Without prejudice to the foregoing, the Municipality Accounting Officer shall be responsible for managing the finances of the Municipality. 7.4. FINANCIAL YEAR OF THE MUNICIPALITY OF TAVETA 7.4.1. The Municipality shall operate on an annual budget. 7.4.2. The financial year of the Board of the Municipality shall be the period of twelve months ending on the thirtieth June in each year as per the Urban Areas and Cities Act, 2011 (Revised 2019). 7.5. BUDGET 7.5.1. The budget of the Board of the Municipality shall be developed in the manner provided under Section 175 of the Public Finance Management Act and Section 45 of the Urban Areas and Cities Act, 2011 (Revised 2019). 7.5.2. Three months before the commencement of each financial year, the Board of the Municipality shall cause to be prepared estimates of the revenue and expenditure of the board for that year. 7.5.3. The annual estimates shall make provision for all the estimated revenue and expenditure of the board for the financial year to which it relates. 7.5.4. The annual estimates shall be tabled before the board of the municipality for adoption and approval. 7.5.5. The annual estimates approved by the board of the municipality under subsection (3) shall be submitted to the County Governor for submission to the County Assembly for its approval as part of the annual County Appropriation Bill. 7.6. MANAGEMENT OF MUNICIPALITY FINANCES 7.6.1. 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 the Municipality. 7.6.2. 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 Management Act. 7.7. BORROWING BY THE MUNICIPALITY 7.7.1. The Board of the Municipality may only borrow from– (a) from the County Government; or (b) through the County Government and subject to approval by the County Assembly or such terms as provided by law. 7.8. AUDIT 7.8.1. The audit of the Board of the Municipality shall be as provided under Section 46 and 47 of the Urban Areas and Cities Act. 8. MUNICIPALITY PERSONNEL 8.1. MUNICIPALITY PERSONNEL 8.1.1. The Board of the Municipality may, subject to the approval by the County Executive Committee, employ such officers and employees, through the County Public Service Board, as it deems necessary to execute the powers and duties provided by this Charter or any other law. 8.2. MANAGEMENT OF MUNICIPAL PERSONNEL 8.2.1. Employees of the Municipality shall be under the general guidance of the Municipal Manager. 8.3. RETIREMENT SYSTEMS 8.3.1. The officers and staff of Taveta Municipality shall be covered by the medical, retirement and pension schemes applicable to employees of the County Government of Taita Taveta. 8.4. COMPENSATION 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. The Board of the Municipality 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, with the approval of the County Executive Committee. 9.2. COMPULSORY ACQUISITION 9.2.1. 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 pursuant to Section 107 of the Land Act. 9.2.2. The provisions of the Land Act shall apply to any intended compulsory acquisition by the Municipality of property within the Municipality. 9.3. MUNICIPAL BUILDINGS 9.3.1. The Board of the Municipality 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 with the approval of the County Government of Taita Taveta. 9.4. PROTECTION OF MUNICIPALITY PROPERTY 9.4.1. The Board of the Municipality may do whatever may be necessary to protect municipal property and to keep all municipal property in good condition. General Provisions 9.5. OATH OF OFFICE 9.5.1. Before entering upon the duties of their offices, 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 take and subscribe to the following oath or affirmation: 28th July, 2023 THE KENYA GAZETTE “I, […], being called on to exercise the functions of [Municipal Manager/Chairperson, etc.] of the Municipality of Taveta, do swear/solemnly affirm that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold this Constitution of Kenya and all other laws of the Republic, that except with the authority of the Board of the Municipality of Taveta, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Municipality committed to my secrecy, except as may be required for the due discharge of my duties as [Municipal Manager/Chairperson, etc.] of Municipality of Taveta or otherwise under the law. So help me God.” 9.5.2. The Municipal Manager, the Chairperson and Vice- Chairperson and the members of the Board shall take and subscribe to this oath or affirmation before the County Governor or before the sworn deputy. All other persons taking and subscribing to the oath shall do so before the Municipal Manager. 9.6. AMENDMENTS TO THE CHARTER 9.6.1. The County Executive Committee may at any time, after consultation with the Board of the Municipality, amend any provision of this Charter, with the approval of the County Governor. 9.6.2. The County Governor shall cause a copy of the Amended Charter to be laid before the County Assembly within 30 days of its amendment for approval. 9.7. SEPARABILITY 9.7.1. 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. 10. TRANSITIONAL PROVISIONS 10.1. EFFECTIVE DATE OF CHARTER 10.1.1. The provisions of this Charter shall be in effect from the date of the grant of the Charter by the Governor. 10.2. RIGHTS AND PRIVILEGES PRESERVED 10.2.1. Nothing in the Charter except as otherwise specifically provided shall effect or impair the rights or privileges of persons who are County Officials, Officers or Employees at the time of its adoption. 10.3. DEPARTMENTS 10.3.1. All County 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 Board of the Municipality with the approval of the County Executive Committee. Dated the 13th June, 2023. ANDREW MWADIME, MR/5150316 Governor, Taita Taveta County.