Urban Areas and Cities Act

Section 1. Short title Section 1(1) This Act may be cited as the Urban Areas and Cities Act. Section 1(2) Spent. Section 1(3) Spent.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "board" means the board of a city or municipality constituted in accordance with sections 13 and 14 of this Act; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to urban areas and cities; "capital city" means a city conferred with the status of a capital city under this Act; "city" means and area conferred with the status of a city under section 8 of this Act; "city county" means a county which is also a city under this Act; "Citizen Fora" means a forum for citizens organised for purposes of participating in the affairs of an urban area or a city under this Act; "neighbourhood association" means a registered cluster of residents groupings actively representing the interests of a recognised constituency of urban citizens within the defined urban jurisdiction; "resident population" means the core urban and peri-urban population of an urban area or city according to the final gazetted results of the last population census carried out by an institution authorized under any written law, preceding the application for grant of any status; "transition period" means th...

Section 3. Objects and purposes of the Act Section 3(1)(a) classification of areas as urban areas or cities; Section 3(1)(b) governance and management of urban areas and cities; Section 3(1)(c) participation by the residents in the governance of urban areas and cities; and Section 3(1)(d) other matters for the attainment of the objects provided for in paragraphs (a) to (c). Section 3(2) In implementing this Act, county governments shall comply with the National Urban Development Policy. [Act No. 3 of 2019 , s. 3.]

Section 4. General classification of urban areas and cities Section An area may be classified as an urban area or city if it satisfies the criteria set out under this Act or any other written law.

Section 5. Criteria for classifying an area as city Section 5(1)(a) has a population of at least two hundred and fifty thousand residents according to the final gazetted results of the last population census carried out by an institution authorized under any written law, preceding the application for grant of city status; Section 5(1)(b) has an integrated urban area or city development plan in accordance with this Act and other existing laws; Section 5(1)(c) has demonstrable capacity to generate sufficient revenue to sustain its operation; Section 5(1)(d) has demonstrable good system and records of prudent management; Section 5(1)(e) has the capacity to effectively and efficiently deliver its services to its residents and has in existence, the services provided in the First Schedule; Section 5(1)(f) has institutionalised active participation by its residents in the management of its affairs; Section 5(1)(g) has infrastructural facilities, including but not limited to roads, street lighting, markets and fire stations, and an adequate capacity for disaster management; and Section 5(1)(h) has a capacity for functional and effective waste disposal. Section 5(2) Nothing in this section...

Section 6. Management and infrastructure in the capital city Section 6(1) The capital city of Kenya is Nairobi. Section 6(2) The capital city shall be governed and managed in the same manner as a county government. Section 6(3)(a) the seat of the national government; Section 6(3)(b) offices of diplomatic missions; Section 6(3)(c) efficient transport network connecting to rural areas, towns and other local, regional and international cities; and Section 6(3)(d) commerce and industry. Section 6(4) The capital city shall decentralise its functions and the provisions of its services to the extent that it is efficient and practicable to do so. Section 6(5) Subject to subsection (2), the two levels of government shall enter into an agreement regarding the performance of functions and delivery of services by the capital city. Section 6(6)(a) the administrative structure of the capital city, subject to the provisions of this Act; Section 6(6)(b) funding of operations and activities of the capital city; Section 6(6)(c) the joint projects to be undertaken by both governments in the capital city; Section 6(6)(d) dispute resolution mechanisms; and Section 6(6)(e) such other information as the...

Section 7. Conferment of city status Section The President may, on the resolution of the Senate, confer the status of a city on a municipality that meets the criteria set out in section 5 , by grant of a charter in the prescribed form.

Section 8. Application for conferment of city status Section 8(1) The board of a municipality may, upon a resolution, apply to the county executive committee for consideration for the conferment of city status. Section 8(2) Where the executive committee approves the application, the county governor shall constitute an ad hoc committee to consider the recommendation and advise as appropriate. Section 8(3)(a) the Institution of Surveyors of Kenya; Section 8(3)(b) the Kenya Institute of Planners; Section 8(3)(c) the Architectural Association of Kenya; Section 8(3)(d) the Law Society of Kenya; Section 8(3)(e) an association of urban areas and cities; Section 8(3)(f) the Institute of Certified Public Accountants of Kenya; and Section 8(3)(g) the business community. Section 8(4) Where the ad hoc committee under subsection (2) determines that the municipality under review meets the requisite criteria for classification as a city, the county governor shall transmit the recommendation to the county assembly for approval. Section 8(5) Where the county assembly approves the recommendation for conferment of city status to a municipality under this section, the clerk of the county assembly shal...

Section 9. Conferment of municipal status Section 9(1) The county governor may, on the resolution of the county assembly, confer the status of a municipality on a town that meets the criteria set out in subsection (3), by grant of a charter in the prescribed form. Section 9(2) The procedure set out under section 8 (1) to (4) shall apply with necessary modifications to the conferment of municipal status to a town, except that the conferment shall be done by the county governor. Section 9(3)(a) has a population of at least between seventy thousand and two hundred and forty-nine thousand residents according to the final gazetted results of the last population census carried out by an institution authorized under any written law, preceding the grant; Section 9(3)(b) has an integrated development plan in accordance with this Act; Section 9(3)(c) has demonstrable revenue collection or revenue collection potential; Section 9(3)(d) has demonstrable capacity to generate sufficient revenue to sustain its operations; Section 9(3)(e) has the capacity to effectively and efficiently deliver essential services to its residents as provided in the First Schedule; Section 9(3)(f) has institutionalis...

Section 10. Eligibility for grant of a town status Section 10(1) The county governor may, in consultation with the committee constituted under section 8 (2), confer the status of a town on an area that meets the criteria set out in subsection (2). Section 10(2)(a) a population of at least two thousand residents according to the final gazetted results of the latest population census carried out by an institution authorized under any written law, preceding the grant; Section 10(2)(b) demonstrable economic, functional and financial viability; Section 10(2)(c) the existence of an integrated development plan in accordance with this Act; Section 10(2)(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; Section 10(2)(e) sufficient space for expansion.

Section 10A. Eligibility for grant of the status of market centre Section 10A(1) The county governor may, 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). Section 10A(2)(a) a resident population of at least two thousand residents; and Section 10A(2)(b) an integrated urban area development plan in accordance with this Act and any other existing law.

Section 10B. Delineation of boundaries of a market Section 10B(1) Delineation of the boundaries of a market may be initiated by a county governor. Section 10B(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. Section 10B(3)(a) a representative of the Independent Electoral and Boundaries Commission based at the county office, who shall be the Chairperson; Section 10B(3)(b) the county department for the time being responsible for urban development who shall be the secretary; Section 10B(3)(b)(i) the county department for the time being responsible for urban development who shall be the secretary; Section 10B(3)(b)(ii) the county department for the time being responsible for environment; Section 10B(3)(c) a representative of the national government based at the county office; Section 10B(3)(d) Institute of Surveyors of Kenya; and Section 10B(3)(d)(i) Institute of Surveyors of Kenya; and Section 10B(3)(d)(ii) Kenya Institute of Planners. Section 10B(4) Each professional association shall nominate its representative referred to under subsection (3)(d) for appointment by th...

Section 10C. Management of a market centre Section A market centre shall be governed and managed by the county government. [Act No. 3 of 2019 , s. 7.]

Section 4A. Boundaries of urban areas and cities Section 4A(1) Delineation of the boundaries of urban areas or cities may be initiated by the Cabinet Secretary or by the relevant county government making a written request to the Cabinet Secretary to appoint the ad hoc committee in the manner provided under subsection (2). Section 4A(2) The Cabinet Secretary shall, on receipt of a request under subsection (1) or on considering it necessary, appoint by notice in the Kenya Gazette an ad hoc committee to delineate the boundaries of an urban area or a city. Section 4A(3)(a) a representative of the Independent Electoral and Boundaries Commission, who shall be the Chairperson; Section 4A(3)(b) the Ministry for the time being responsible for urban development; Section 4A(3)(b)(i) the Ministry for the time being responsible for urban development; Section 4A(3)(b)(ii) the Ministry for the time being responsible for environment; Section 4A(3)(b)(iii) the Ministry for the time being responsible for agriculture; Section 4A(3)(c) the Department for the time being responsible for urban development; Section 4A(3)(c)(i) the Department for the time being responsible for urban development; Section 4A...

Section 11. Principles of governance and management Section recognition and respect for the constitutional status of county governments;

Section 12. Structures and management of cities, municipalities Section 12(1)(a) a board constituted in accordance with section 13 or 14 of this Act; Section 12(1)(b) a manager appointed pursuant to section 28 ; and Section 12(1)(c) such other staff or officers as a the county public service may determine. Section 12(2)(a) suing and being sued; Section 12(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 12(2)(c) borrowing money or making investments; Section 12(2)(d) entering into contracts; and Section 12(2)(e) doing or performing all other acts or things for the proper performance of its functions in accordance with this Act or any other written law which may lawfully be done or performed by a body corporate. Section 12(3) The governance and management of a city county shall be in accordance with the law relating to county governments. [Act No. 3 of 2019 , s. 8.]

Section 13. Boards of cities Section 13(1) A board of a city shall consist of not more than eleven members, six of whom shall be appointed through a competitive process by the county governor, with the approval of the county assembly. Section 13(1A)(a) the county executive member for the time being responsible for cities and urban areas or his representative; Section 13(1A)(b) six members who shall be competitively appointed by the county governor, with the approval of the county assembly; Section 13(1A)(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; Section 13(1A)(d) the Secretary appointed under section 13A , who shall be an ex officio member of the Board. Section 13(2)(a) an umbrella body representing professional associations in the area; Section 13(2)(b) an association representing the private sector in the area; Section 13(2)(c) a cluster representing registered associations of the informal sector in the area; and Section 13(2)(d) a cluster representing registered neighbourhood associations in the area. Section 13(3) The executive committee shall, while a...

Section 14. Boards of municipalities Section 14(1) A board of a municipality shall consist of nine members appointed by the county governor with the approval of the county assembly. Section 14(2)(a) the county executive member for the time being responsible for cities and urban areas or his representative; Section 14(2)(b) three members who shall be appointed by the county governor, with the approval of the county assembly; Section 14(2)(c) four members who shall be nominated by an association and appointed by the county governor, with the approval of the county assembly; Section 14(2)(d) the chief officer responsible for urban development; and Section 14(2)(e) the municipal manager appointed under section 28 who shall be the secretary of the board and an ex officio member of the board. Section 14(3)(a) an umbrella body representing professional associations in the area; Section 14(3)(b) an association representing the private sector in the area; Section 14(3)(c) a cluster representing registered associations of the informal sector in the area; and Section 14(3)(d) a cluster representing registered neighbourhood associations in the area. Section 14(4) The county governor shall, whi...

Section 15. Term of office Section A member of a board shall hold office for a term of five years, on a part-time basis.

Section 16. Vacation of office Section is unable to perform the functions of the office by reason of mental or physical infirmity;

Section 17. Chairperson and vice-chairperson of the Board Section 17(1) Subject to subsection (2), there shall be a Chairperson and vice-chairperson for each board. Section 17(2) The Chairperson and the vice-chairperson shall be elected by the members of the board from among themselves during the first meeting of the board, and subsequently whenever a vacancy arises and shall be of opposite gender. Section 17(3) The Chairperson and vice-chairperson shall hold office for a term of five years. Section 17(4)(a) except in the case of a city county, be the head of the board; Section 17(4)(b) chair meetings of the board; Section 17(4)(c) perform such duties as may be delegated by the board. Section 17(5) The vice Chairperson shall, in the absence of the Chairperson, perform the functions of Chairperson and shall perform such other functions as may be delegated by the Chairperson or the board.

Section 18. Removal from office Section 18(1) A person may be removed from the office of Chairperson, vice-chairperson or a member of the board on any of the grounds provided under section 16 (a), (b), (c), (e), (f), (g), (h), (i) and (j). Section 18(2)(a) by the county governor; Section 18(2)(b) by the board, supported by the vote of at least two-thirds of the members of the board; or Section 18(2)(c) upon petition by the residents of a city or municipality. Section 18(3) A resident of a city or municipality may file a writing petition with a board for the removal of a Chairperson or vice-chairperson. Section 18(4) The procedure for the removal or petition for removal of a Chairperson or vice-chairperson under subsections (1) and (2) shall be provided by regulations.

Section 19. Filling of vacancy Section A vacancy in the office of a Chairperson, vice-chairperson or a member of the board shall, with necessary modification, be filled in accordance with section 13 or 17 of this Act as the case may be.

Section 20. Governance and management functions of a board Section 20(1)(a) oversee the affairs of the city or municipality; Section 20(1)(b) develop and adopt policies, plans, strategies and programmes, and may set targets for delivery of services; Section 20(1)(c) formulate and implement an integrated development plan; Section 20(1)(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 city or municipality as may be delegated by the county government; Section 20(1)(e) as may be delegated by the county government, promote and undertake infrastructural development and services within the city or municipality; Section 20(1)(f) develop and manage schemes, including site development in collaboration with the relevant national and county agencies; Section 20(1)(g) maintain a comprehensive database and information system of the administration and provide public acc...

Section 21. Powers of boards of cities and municipalities Section 21(1)(a) exercise executive authority as delegated by the county executive; Section 21(1)(b) ensure provision of services to its residents; Section 21(1)(c) impose such fees, levies and charges as may be authorised by the county government for delivery of services by the municipality or the city; Section 21(1)(d) promote constitutional values and principles; Section 21(1)(e) ensure the implementation and compliance with policies formulated by both the national and county government; Section 21(1)(f) make by-laws or make recommendations for issues to be included in by-laws; Section 21(1)(g) ensure participation of the residents in decision making, its activities and programmes in accordance with the Schedule to this Act as provided in the County Governments Act (Cap. 265) and any other national legislation on public participation; and Section 21(1)(h) exercise such other powers as may be delegated by the county executive committee. Section 21(2) Notwithstanding any other provision in this Act, the board of a city or municipality shall exercise such executive authority as may be delegated by the county executive commit...

Section 22. Citizen Fora Section 22(1)(a) the provision of services; Section 22(1)(a)(i) the provision of services; Section 22(1)(a)(ii) proposed issues for inclusion in county policies and county legislation; Section 22(1)(a)(iii) proposed national policies and national legislation; Section 22(1)(a)(iv) the proposed annual budget estimates of the county and of the national government; Section 22(1)(a)(v) the proposed development plans of the county and of the national government; and Section 22(1)(a)(vi) any other matter of concern to the citizens; Section 22(1)(b) formulate strategies for engaging the various levels and units of government on matters of concern to citizens; Section 22(1)(c) monitor the activities of elected and appointed officials of the urban areas and cities, including members of the board of an urban area or city; and Section 22(1)(d) receive representations, including feedback on issues raised by the county citizens, from elected and appointed officials. Section 22(2) A board shall invite petitions and representations from the Citizen Fora with regard to the administration and management of the affairs within an urban area or city under its jurisdiction. Sect...

Section 23. Ordinary and special meetings of a board Section 23(1) A board shall hold its sittings to transact the business of the board once every three months. Section 23(2) Notwithstanding subsection (1), the Chairperson may, and upon request in writing by at least one-third of the members of the board shall, convene a special meeting to transaction any urgent business of the board.

Section 24. Management of information and publicity Section 24(1) A board shall publish and publicise important information within its mandate affecting the city or urban area. Section 24(2)(a) shall be addressed to the manager or administrator or such other person as the board or committee may for that purpose designate, and may be subject to the payment of a reasonable fee in instances where the board or committee incurs an expense in providing the information; and Section 24(2)(b) may be subject to confidentiality requirements of the board. Section 24(3)(a) the request is unreasonable in the circumstances; Section 24(3)(b) the information requested is at a deliberative stage by the board or committee; Section 24(3)(c) the applicant fails to pay the prescribed fee; or Section 24(3)(d) the applicant fails to satisfy any confidentiality requirements by the board or committee. Section 24(4) The right of access to information under Article 35 of the Constitution shall be regulated in accordance with the nature and extent specified under this section. Section 24(5) Every member and employee of the board or committee shall sign a confidentiality agreement. Section 24(6)(a) the location...

Section 25. Remuneration of members of a board Section The Chairperson, vice-chairperson and members of a board or town committee shall not receive a salary from the board or town committee but shall be paid such allowances and benefits as the county executive committee shall, with the approval of the county assembly, and on the advice of the Salaries and Remuneration Commission, determine. [Act No. 12 of 2012 , Sch.]

Section 26. Committees of a board Section 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 this Act;

Section 27. Management of city county Section A city county shall be governed and managed in the same manner as a county government in accordance with the County Governments Act (Cap. 265). [Act No. 3 of 2019 , s. 15.]

Section 28. City or municipal manager Section There shall be a city or municipal manager for every city or municipality established under this Act, who shall implement the decisions and functions of the board and shall be answerable to the board.

Section 29. Appointment of city or municipal manager Section A city or municipal manager shall be competitively recruited and appointed by the county public service board established under section 57 of the County Governments Act (Cap. 265). [Act No. 3 of 2019 , s. 16.]

Section 30. Qualifications for appointment of city or municipal manager Section 30(1)(a) is a citizen of Kenya; Section 30(1)(b) holds a degree from a university recognised in Kenya or its equivalent; and Section 30(1)(c) has proven experience of not less than ten years in administration or management either in the public or private sector. Section 30(2)(a) gender equity; Section 30(2)(b) the inclusion of minorities and marginalised communities; and Section 30(2)(c) the person satisfies the requirements of Chapter six of the Constitution.

Section 31. Governance and management of towns Section 31(1)(a) the county executive committee member responsible for urban areas and cities or his representative; Section 31(1)(b) two members appointed competitively by the county governor; Section 31(1)(c) a cluster representing registered associations of the informal sector; and Section 31(1)(d) a cluster representing the business community. Section 31(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. Section 31(3)(a) holds at least a Kenya Certificate of Secondary Education or its equivalent and post-secondary education professional diploma; Section 31(3)(b) has a distinguished career in a management position in either the private or public sector; Section 31(3)(c) has at least three years' post-qualification professional experience; Section 31(3)(d) satisfies the requirements of Chapter Six of the Constitution; and Section 31(3)(e) is ordinarily resident or has a permanent dwelling in the town for at least five years or carries on business in the county. Section 31(4)(a) is an undischarged bankrupt; Section 31(4)(b) has been re...

Section 13A. Appointment of Secretary of the Board of a city Section 13A(1) The county public service 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. Section 13A(2)(a) has a degree from an institution recognised in Kenya; Section 13A(2)(b) has at least four years' experience in management; and Section 13A(2)(c) satisfies the requirements of Chapter Six of the Constitution. Section 13A(3)(a) responsible for the day to day management of the affairs of the board; and Section 13A(3)(b) perform such other duties as may be assigned by the board. Section 13A(4) The Secretary shall hold office for a term of five years. Section 13A(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. [Act No. 3 of 2019 , s. 10.]

Section 31A. Functions of a town committee Section The functions performed by the board of a city or a municipality specified under section 20 (1) shall be performed by the town committee.

Section 31B. Appointment of an administrator Section 31B(1) There shall be an administrator for every town established under this Act who shall be appointed by the county public service board established under section 57 of the County Governments Act (Cap. 265). Section 31B(2) The administrator of a town shall perform such functions as the town committee, appointed under section 31 , may determine. Section 31B(3)(a) holds a degree from a university recognised in Kenya or its equivalent; Section 31B(3)(b) has proven experience of at least three years in administration or management either in public or private sector; Section 31B(3)(c) is a citizen of Kenya; and Section 31B(3)(d) satisfies the requirements of Chapter Six of the Constitution.

Section 32. Service delivery by a board Section 32(1) Subject to Article 187(2)(a) of the Constitution, a board shall, on behalf of the county government, deliver such services as may be specified under this Act or any other national or county legislation. Section 32(2) Subject to Article 176(2) of the Constitution, a city or municipal board may, if it considers it necessary, establish operational sectors and service delivery entities, with the approval of the county executive committee, for the efficient carrying out of its functions and the delivery of the services within its area of jurisdiction. Section 32(3) Subject to the provisions of this section, a county assembly may legislate on the set up and establishment of service delivery entities.

Section 33. Partnership and joint ventures Section 33(1) A board may, in consultation with the county governor and with the approval of the county assembly, enter into partnership with a utility company either within or outside the county or internationally for the provision of social infrastructural services. Section 33(2) For efficient service delivery, cities and municipalities may jointly provide cross-city and cross-municipality services and may, in that regard jointly finance the services. Section 33(3) A board may, where it is of the opinion that a private sector entity is best able to provide a service, and with the approval of the county assembly, contract a private entity for purposes of delivering the services within its area of jurisdiction. Section 33(4) Where a board decides to contract a private entity for the delivery of services, it shall do so in accordance with the Public Procurement and Disposal Act (Cap. 412C).

Section 34. Service delivery in towns Section The provisions of this Part shall, with necessary modifications, apply in the case of the delivery of services in towns by the town committee.

Section 35. Objections by residents Section A resident may object to any partnership or joint venture under section 33 in accordance with the regulations made under this Act.

Section 36. Objectives of integrated urban areas and city development planning Section 36(1)(a) give effect to the development of urban areas and cities as required by this Act and any other written law; Section 36(1)(b) strive to achieve the objects of devolved government as set out in Article 174 of the Constitution; Section 36(1)(c) contribute to the protection and promotion of the fundamental rights and freedoms contained in Chapter Four of the Constitution and the progressive realization of the socio-economic rights; Section 36(1)(d) the preparation of environmental management plans; Section 36(1)(d)(i) the preparation of environmental management plans; Section 36(1)(d)(ii) the preparation of valuation rolls for property taxation; Section 36(1)(d)(iii) provision of physical and social infrastructure and transportation; Section 36(1)(d)(iv) preparation of annual strategic plans for a city or municipality; Section 36(1)(d)(v) disaster preparedness and response; Section 36(1)(d)(vi) overall delivery of service including provision of water, electricity, health, telecommunications and solid waste management; and Section 36(1)(d)(vii) the preparation of a geographic information syst...

Section 37. Plan to align to county government plans Section A city or urban area integrated development plan shall be aligned to the development plans and strategies of the county governments.

Section 38. Preparation of integrated city or urban development plans Section A city or urban area shall prepare an integrated city or urban area development plan in accordance with the Third Schedule to this Act. [Act No. 12 of 2012 , Sch.]

Section 39. Adoption of an integrated development plan Section 39(1) A board or town committee shall, within the first year of its election, adopt a single, inclusive strategic plan for the development of the city or urban area for which it is responsible. Section 39(2) An integrated development plan adopted by a board or town committee under subsection (1) may be reviewed and amended during the term of the board or committee and shall remain in force until a new integrated urban area or city development plan is adopted by the succeeding board or town committee, but the incoming board or committee shall ensure that the viable projects are continued or completed. Section 39(3)(a) give notice of the adoption of the plan to the public in such manner as a board or committee may determine; Section 39(3)(b) inform the public that copies of or extracts from the plan are available for public inspection at specified places; and Section 39(3)(c) provide a summary of the plan.

Section 40. Contents of integrated city and urban area development plan Section a board’s or committee’s vision for the long term development of the city or urban area with special emphasis on the board’s or committee’s most critical development needs;

Section 41. Submission of integrated cities and municipal development plan to the county governor Section 41(1) The manager or administrator shall submit to the executive committee, a copy of the integrated development plan as adopted by the board or committee within twenty one days of the adoption or amendment. Section 41(2)(a) a summary of the process of its formulation plan provided under this Part; and Section 41(2)(b) a statement that the process has been complied with, together with any explanations that may be necessary to clarify the statement. Section 41(3)(a) consider the integrated development plan and make recommendations; and Section 41(3)(b) submit the plan to the county assembly for its approval.

Section 42. Annual review of integrated development plan Section A city or municipal board shall review its integrated development plan annually to assess its performance in accordance with performance management tools set by it under this Part, and may amend the plan where it considers it necessary.

Section 43. Funds of a board Section 43(1)(a) monies allocated by a county assembly for the purposes of the management and service delivery of the board; Section 43(1)(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 under this Act; and Section 43(1)(c) all monies or grants from any other legitimate source provided or donated to the board. Section 43(2) Where an urban area or city enters into a joint venture with another entity, the monies allocated for the joint venture shall be determined by a joint budget. Section 43(3) No payment shall be made out of the funds of a board or town committee unless it has been provided for in the approved annual or revised or supplementary estimates of expenditure and authorized by the board or town committee. [Act No. 12 of 2012 , Sch.]