An Act to make provision for district authorities and to provide for related matters.
Preliminary Provisions
1. Short title
This Act may be cited as the Local Government (District Authorities) Act.
2. Application
This Act shall apply to every district authority established under this Act.
3.
Interpretation
(1) In this Act, unless the context requires otherwise–
"appropriate authority" when used in relation to any act, appointment, dismissal, licence, permit, matter or other thing, means the person, committee or other body of persons permitted, required or in any other way made responsible by this Act for doing the act, making the appointment or issuing the dismissal, licence or permit, or doing that matter or other thing;
"area" when used in relation to any local government authority, means the area in which the local government is established, or empowered by or under this Act to exercise jurisdiction in accordance with this Act;
"Assembly" means the National Assembly of the United Republic established by the Constitution;
"auditor" means, in relation to a district council and an urban authority the Controller and Auditor General, and in relation to any other district authority, the person appointed by a local government authority, with the prior approval of the Minister, to audit the accounts of that district authority in accordance with Head C of Part IV of the Local Government Finances Act , and includes a person duly authorised in that behalf by the auditor for the purpose of that Part of that Act;
"authority" and "local authority" both mean a local government authority and when used in relation to a township, means the township authority for that township;
"Chairman"–
(a) when used in relation to a district authority means the Chairman of that authority;
(b) when used in relation to any committee or other body of persons, means the
Chairman of that committee or that other body of persons, and includes the ViceChairman of the district authority, the committee or of the other body of persons, or any other person acting in the absence of the Chairman and the Vice-Chairman, when he exercises the functions or discharges the duties of the Chairman pursuant to this Act;
"committee"–
(a) when used in relation to a district authority, means a committee established or appointed by that district authority under this Act;
(b) when used in relation to a sub-committee, means a sub-committee appointed by a committee;
(c) when used in relation to any other committee, means that other committee;
"Constitution" means the Constitution of the United Republic of Tanzania of 1977; "council"–
(a) when used in relation to a district, means the district council for the district;
(b) when used in relation to any village, means the village council for that village; "court" means any court in mainland Tanzania of competent jurisdiction and includes a ward tribunal established under the Ward Tribunals Act;
"Director" means in relation to any district council, the District Executive Director appointed for that district council under section 22 of the Local Government Service Act;
"district" means any part of Mainland Tanzania proclaimed or deemed to be proclaimed by the President to be a district pursuant to powers conferred on him by the Constitution; "district authority" means a district council, a township authority or a village council or Kitongoji;
"District Commissioner" has the meaning ascribed to it by the Regional Administration Act, and–
(a) when used in relation to a district, means the District Commissioner for the district concerned; and
(b) when used in relation to a local government authority, means the District Commissioner for the district in which that local government authority is established;
"district council" means a district council established under section 5;
"functions" includes powers and duties;
"joint committee" means a committee appointed jointly by two or more local government authorities pursuant to section 81;
"Kitongoji" means a part or a division of a village and includes a part or a division of a township situated in an area under the jurisdiction of a District Council;
"local government authority" means a district authority or an urban authority;
"Member" means all members of the Local Government Authority specified under section 35 of this Act;
"Minister" means the Minister responsible for local government;
"political party" means a political party registered under the Political Parties Act;
"region" means any part proclaimed or deemed to be proclaimed by the President to be a region pursuant to powers conferred on him by the Constitution;
"Regional Commissioner"–
(a) when used in relation to a region, means the Regional Commissioner for the region concerned;
(b) when used in relation to a district authority, means the Regional Commissioner for the region in which that district authority is established;
"Registrar" means the Registrar of Villages appointed under section 23;
"Scheme" means the Local Government Service Scheme;
"Service" means the unified service, known as the Local Government Service, of authorities to which the Scheme applies, the establishment of which is provided for by the Scheme; "service board" when used in relation to this Act means service board established in accordance with section 88:
"township" means the area of jurisdiction of a township authority;
"township authority" means a township authority established under section 13;
"urban authority" means a city council, a municipal council or a town council;
"village" means a village registered as such under this Act;
"village assembly" means, in relation to a village, the village assembly of that village and in relation to an ujamaa village, the village assembly of the ujamaa village;
"village council" means, in relation to a village, the village council of that village and in relation to an ujamaa village, the village council of the ujamaa village;
"Ward Development Committee" means the committee established by section 31.
(2) Where a township or a village is situated partly within one district and partly within another, the Minister shall determine which District Commissioner, Regional Commissioner and Regional Committee shall have jurisdiction over the township or the village.
(3) Where it is provided in this Act that any power may be exercised subject to the provisions of this Act, the provisions shall be read and construed as providing, in relation to any authority, that the power may be exercised subject to those provisions of this Act which apply to that authority.
4. Minister to work for development of meaningful, democratic local government
(1) It shall be the duty of the Minister, subject to this Act, to work towards–
(a) the promotion of local government in Mainland Tanzania;
(b) the evolution, progressive development and perpetuation of local government institutions geared and devoted to the pursuance of the meaningful involvement of and participation by the people in the making of decisions on matters affecting or connected with their livelihood and well-being at all local levels;
(c) securing the effective execution by local government authorities, of the national policy on local government.
(2) In discharging the duty imposed on him by this section, the Minister shall be guided, subject to this Act, by the need to evolve, and to foster, sound principles of democracy enshrined in the Constitution and elaborated upon by or in the written laws of the United Republic.
(3) The Minister shall in exercising the powers and discharging the functions under this Act, be guided and bound by the need to promote decentralisation and the devolution of functions, powers and services from the central government system to local government and within the local government system from district council levels to lower level of local government.
(4) The Minister shall endeavour to ensure that there are adequate financial and other resources for various sectors or aspects of local government so as to ensure the effective and efficient development of the local government system.
(5) The Minister shall–
(a) ensure availability and adequate supply of personnel trained, skilled or qualified for work in various sections or aspects of local government so as to secure the growth and development of an effective and efficient system of local government;
(b) endeavour to ensure that the local government authorities are strong and effective institutions and that are more and more autonomous in managing their own affairs and they operate in a more transparent and democratic manner;
(c) ensure that local authorities are accountable to the people and are generally so facilitated to improve their capacities towards being stronger and effective in delivering services to their people;
(d) endeavour to ensure that there is available adequate financial and other resources for various sectors or aspects of local government so as to ensure the effective and efficient development of the local government system.
Part II-Local Government Areas,
Establishment, Registration and Variation of Areas of Local Government Authorities
Establishment of District Council
5. Power of Minister to establish district councils
(1) Subject to section 7, and to other provisions of this Part the Minister may, after consultation with the President, by order published in the Gazette, establish such district councils as he may deem necessary for the purpose of local government.
(2) In the discharge of the duty imposed by subsection (1) the Minister may, subject to this Act, establish such number of district councils in such areas as he may deem necessary, expedient or desirable for the purpose of establishing, promoting, developing and maintaining an effective and efficient system of local government.
(3) Nothing in this section shall be construed as requiring the Minister to establish a district council in every area in which there was established a District Development Council immediately before the commencement of this Act.
(4) The area of jurisdiction of a district council shall be such area or place as shall be specified in the order made under subsection (1).
(5) With effect from the date of the coming into operation of an order made under subsection (1), the District Development Council previously established in the area over which the district council is established by the order shall stand dissolved and shall not, at any subsequent time or period exercise any function in relation to that area under any other written law.
6. Contents of establishment order
Every order made under section 5 shall–
(a) specify the name or names of the district council or councils being established and the date or dates on which it or they shall be established;
(b) define the area in which the district council shall be established and over which it shall exercise jurisdiction;
(c) prescribe the device and official seal of the district council,
and may, in any appropriate case, include any ancillary matters such as the apportionment of assets, the continuance of by-laws and the effect on existing district councils of the establishment of the new district council or councils.
7. Procedure for establishment of district councils
(1) No district council shall be established except in accordance with the procedure prescribed by this section.
(2) Where it is intended to establish a district council in respect of any area or areas, the Minister shall, at least two months before making an establishment order under section 5, by notice published in the Gazette, and in any national newspaper or, as the case may be, any newspaper circulating in the area or areas in which it is intended to establish the district council, give notice of the intention, indicating the general direction of the boundaries, and such other matters as he deems necessary, and call upon all interested authorities or persons affected, to lodge with him in writing any objections or other representations in such manner and within such time as may be prescribed.
(3) If, upon the expiration of the notice, no objections or other representations are received from any authority or person, the Minister shall proceed to make and publish in the Gazette, the order under section 5.
(4) Where any objections or other representations are lodged in writing with the Minister pursuant to the notice given under subsection (2), the Minister shall cause to be delivered an acknowledgement to the authority or persons lodging the objection or other representations concerned, and shall take into account the objections or representations in determining whether or not to establish the district council or the area of the district council to be established.
(5) As soon as possible after making the order under section 5, the Minister shall lay before the Assembly a copy of the notice issued under subsection (2), together with a copy of the order subsequently made under section 5.
8. Certificate of establishment
(1) As soon as possible after the order made under section 5 and the notice issued under section 6 in respect of any district council have been laid before the Assembly, and in any case not later than the date specified in the establishment order as its date of commencement, the Clerk of the Assembly shall furnish to the district council or councils established or to be established, or whose boundaries are varied or are to be varied, as the case may be, a certificate under his hand containing the particulars prescribed by section 9; and the certificate shall be displayed in a prominent position in the principal office of the district council.
(2) Every certificate of establishment shall be in quintuplicate, and the Clerk of the Assembly shall retain a copy and send the three remaining copies one each to the Minister, the Permanent Secretary to the Treasury and the Regional Commissioner responsible for the region in which the district council in question is established.
9.
Contents and effect of certificate
(1) A certificate of establishment furnished under section 8 shall specify–
(a) the name of the district council being established;
(b) the total number of members;
(c) the number of elected members and appointed members;
(d) the place where the principal office of the authority shall be situated; (e) such other particulars as the Minister may determine.
(2) A certificate of establishment furnished under section 8 shall provide conclusive proof and final authority for the establishment or the variation of the boundaries of a district council, shall be the statutory instrument signifying the delegation by the Assembly of legislative power to the district council in respect of matters within its area of jurisdiction, and be conclusive evidence, in any proceeding, of the establishment of the district council concerned.
(3) Upon the issue of a certificate of establishment and the commencement of an order made under section 5 in respect of any area, whether or not the order is in respect of an existing district council, any reference in any written law, contract or other instrument or document to the local government authority in whose area a district council is established by the order shall be construed as a reference to the name of the district council as established by the order.
(4) Upon the issue of a certificate of establishment under section 8, where the area of the new authority was the area of a district development council, the district development council shall cease to exist and the affairs and operations of all persons and bodies of persons within that area shall be under the jurisdiction of the new authority, whose composition and operation shall be governed by this Act.
10. Variation of area of district council
(1) The Minister may, for the promotion of an efficient and effective system of local government, and after consultation with the district council or councils or other authorities concerned, by order published in the Gazette, vary the boundaries of any district council.
(2) The Minister shall make an order under subsection (1) whenever–
(a) a new local government authority is to be established in the area or part of the area over which an existing district council has jurisdiction;
(b) an area is to be transferred from the jurisdiction of one district council to that of another;
(c) it is intended to amalgamate or regroup two or more district councils.
(3) An order made under this section shall not come into operation unless and until the procedure prescribed by section 7 has been complied with.
11. Consequences of variation of area
Where the boundaries of a district council are varied in accordance with section 10, the Minister shall, in the order providing for the variation or in a subsequent order to which the provisions of subsection (3) of section 10 shall apply, make provision for–
(a) the apportionment of the franchises, property, income, debts and expenses and of all rights, interests, obligations and liabilities arising under contract in relation to the area or areas transferred as between the district council from which the area or areas are transferred and that to which it or they are transferred as a result of the variation in the boundaries;
(b) the preservation, continuation or modification of rights of persons in the area or areas transferred arising from the operation in relation to them of the by-laws subsisting in the jurisdiction of the district council or councils from which the area or areas are transferred;
(c) the application of by-laws of the former district council or councils to the new district council established through the amalgamation of two or more councils.
12. District council to be body corporate
(1) Every district council established under this Part, and in respect of which there is furnished to the Minister by the Clerk of the National Assembly a certificate of establishment, shall, with effect from the date of commencement of the establishment order, be a body corporate, and shall–
(a) have perpetual succession and an official seal;
(b) in its corporate name be capable of suing or being sued;
(c) subject to this Act, be capable of holding and purchasing, or acquiring in any other way, and disposing of any movable or immovable property.
(2) The Minister shall, for the purposes of the proper administration of the affairs of local government categorise district authorities into grades based on the size of the area, the population and the level of social and economic development within the district authority in question.
(3) Where the Minister grades a district authority he shall cause a notice to that effect to be published in the Gazette, but the, Minister may, in the order made under section 5 establishing the authority in addition to the particulars required to be incorporated in the order, designate the grade of the district authority being established.
(4) The grading of any district authority shall not affect its status as a body corporate, and it shall discharge its functions and exercise its powers under this Act notwithstanding its grade.
Establishment of Township Authority
13. Power of Minister to establish township authority
(1) The Minister may by order published in the Gazette, establish a township authority or such number of township authorities in such places or areas as he may see fit or desirable for the purposes of establishing, promoting, developing and maintaining an effective and efficient system of local government.
(2) The area of jurisdiction of a township authority shall be such area or place as shall be specified in the order made under subsection (1).
(3) the area of a township authority shall be divided into such number of Vitongoji as the Township Authority may determine.
(4) Every Kitongoji shall have a chairman and the provisions of subsection 4 of section 30 shall apply mutatis mutandis in relation to the election and removal of the chairman.
14. Contents of establishing order
Every order made under section 13 shall–
(a) specify the name or names of the township authority or authorities being established and the date or dates on which it or they shall be established;
(b) define the area in which the township authority or authorities shall be established and over which it or they shall exercise jurisdiction;
(c) prescribe the device and official seal of each township authority so established, and may, in any appropriate case, include any ancillary matters such as the apportionment of assets, the continuance of the application of by-laws and the effect on existing local authorities in the neighbourhood, or the establishment of the new township authority or authorities.
15. Procedure for establishment
An order made under this Part, establishing a township authority shall not come into operation or be published in the Gazette, save after prior approval of the district council, in whose area of jurisdiction the township authority in question is to be established, signified by resolution, has been given to the proposal to establish the township authority.
16. Certificate of establishment
(1) As soon as possible after an order providing for the establishment of a township authority has been published in the Gazette, the Director of the district council in whose area of jurisdiction the township authority is being established shall furnish to the township authority established by the order a certificate under his hand signifying the approval of that district council to the establishment of township authority, and the incorporation of that township authority in the name specified in the order upon the commencement of the order.
(2) The certificate of establishment furnished by the Director shall be displayed in a prominent position in the principal office or ordinary meeting place of the township authority.
17. Contents and effect of certificate
(1) The certificate of establishment furnished by the Director pursuant to section 16 shall be conclusive proof of, and provide final authority for, the establishment of the township authority.
(2) In addition to the name of the township authority being established, the certificate shall specify–
(a) the total number of members;
(b) the number of elected and of appointed members;
(c) the place where the principal office of the township authority shall be situated; and (d) such other particulars as the Minister may, by notice published in the Gazette, with the prior approval of the Assembly, determine.
(3) Every certificate of establishment shall be in quadruplicate, and the Director shall retain a copy and send the remaining two copies one each to the Minister and the Regional Commissioner responsible for the Region in which the township authority concerned is established.
18. Variation of area of township authority
(1) The Minister may, where he deems it necessary or expedient for the promotion of an efficient and effective system of local government, and after consultation with the district council in whose area of jurisdiction a township authority is established, by order published in the Gazette, vary the boundaries of any township authority.
(2) The Minister shall make an order under subsection (1) whenever–
(a) it is proposed to enlarge the area of the township authority;
(b) it is proposed to transfer any area of the township authority to another local government authority or to transfer to it any area of another local government authority or both;
(c) it is intended to establish a new local government authority in an area under the jurisdiction of the township authority.
(d) it is proposed to amalgamate or regroup two or more township authorities.
(3) The provisions of section 15 relating to the establishment of township authorities shall apply mutatis mutandis to orders for the variation of boundaries of township authorities.
19. Township authority to be body corporate
Every township authority established under this Part, and in respect of which there is furnished to the Minister by the Director a certificate of establishment in pursuance of subsection (3) of section 17 shall, with effect from the date of commencement of the establishment order, be a body corporate, and shall –
(a) have perpetual succession and an official seal;
(b) in its corporate name be capable of suing or being sued;
(c) subject to this Act, be capable of holding and purchasing, or acquiring in any other way, and disposing of any movable or immovable property.
20. Attainment of town council status
(1) The Minister shall, by notice published in the Gazette, specify prerequisite qualifications for the attainment by a township authority to the status of a town council, in accordance with the national policy on urban development.
(2) Upon the satisfaction of the qualifications referred to in subsection (1) by a township authority, the township authority shall be conferred the status of a town council.
21. Consequences of attainment of new status
Upon the attainment to the status of a town council and the conferment of that status upon it, the township authority shall cease to be a local government authority of that status and shall be governed in its constitution and operation by the law in force in relation to urban authorities.
Establishment of Village Authorities
22. Registration of villages
(1) In any case where the Registrar is satisfied that a prescribed number of households have settled and made their homes within any area of Mainland Tanzania, and that the boundaries of that area can be particularly defined, he may, subject to any directions given in that behalf by the Minister, register that area as a village.
(2) Notwithstanding subsection (1), the Minister may, in any case–
(a) authorise two or more areas to be registered as a single village;
(b) authorise the registration of an area as a village notwithstanding that there are less than the prescribed number of households within the area.
(3) The Registrar shall, and at least once in every calendar year, cause a notice to be published in the Gazette listing every village registered by him since the publication of the previous notice and specifying the location of that village.
23. Appointment of Registrar
(1) The Minister shall appoint a public officer to be the Registrar of Villages for the purposes of this Part.
(2) The chief executive officer of the district council shall be the assistant registrar of villages situated in the area of that district council.
(3) The Registrar shall discharge and exercise such functions and powers as are conferred upon him by or under this Act, and any other functions and powers which may be conferred upon him by any other written law.
(4) Subject to this Act and to any directions in that behalf given by the Minister, the Registrar may, by writing under his hand, delegate any of his functions to an Assistant Registrar.
24. The village assembly
There shall be a village assembly for every village.
25. The village council
There shall be a village council for every village in accordance with the provisions of this Act.
26. Village council to be body corporate
(1) As soon as may be practicable after the election of the first village council following the registration of a village, the Registrar shall furnish to the village council a certificate of incorporation in the prescribed form, and also a copy of that certificate to the appropriate Director.
(2) Upon the issue of a certificate of incorporation in relation to a village, the village council of the village in question shall, with effect from the date of that certificate, be a body corporate, and shall–
(a) have perpetual succession and an official seal;
(b) in its corporate name be capable of suing or being sued;
(c) subject to this Act, be capable of holding and purchasing, or acquiring in any other way, and disposing of any movable or immovable property.
27. Attainment by village of township status
(1) The Minister shall, by notice published in the Gazette specify qualifications prerequisite to the attainment by any area to the status of a township, in accordance with the national policy on urban development.
(2) Where any village, or any group or villages together, satisfy the qualifications prerequisite to the attainment of township authority status, the Minister may, subject to this Act, declare the area of that village, or those villages, as the case may be, to be a township.
28. Consequences of attainment of new status
(1) Where a village, or the area of a group of villages, is conferred the status of a township, there shall cease to exist in that area a village or villages and there shall be established, in lieu of the village or those villages, a township authority, subject to the provisions of this Act.
(2) Notwithstanding subsection (1), the Minister may provide for the inclusion of neighbouring village in the area over which a township authority is established, for the purposes only of provision by the authority of any specified services to those villages.
Divisions and Wards
29. Districts to be divided into divisions and wards
(1) Every district to which this Act applies shall be divided into such number and size of divisions as may, subject to this section, be specified.
(2) A division shall consist of such number and size of wards as the district council may determine, subject to subsection (3).
(3) The Minister may by order published in the Gazette, provide for general principles to guide and to be complied with by all district councils in determining the number and size of divisions in their respective areas.
30. Division of district council into wards
(1) The area of a district council shall be divided into wards consisting of such number of villages as may be specified in an appropriate order.
(2) The Minister shall, with the prior approval of the President either by the order made under section 5 providing for the establishment of a district council or by a subsequent order, and may, by order made under this section, and published in the Gazette, divide the area of all or any of the district councils established under this Act into such number of wards as he may specify in the order.
(3) The area of the village shall be divided into not more than five Vitongoji consisting of such number of households or of such geographical area as may be determined by the village council and approved by the District Council.
(4) Every Kitongoji shall have a Chairman who shall be elected by an electoral college consisting of all the adult members of the Kitongoji in accordance with such procedures as may be prescribed and may be removed from office by the decision of a simple majority of such members:
Provided that a Chairman who has been so removed may appeal to the District Commissioner only on issues of procedure relating to such removal.
(5) Notwithstanding subsection (3), existing villages which consist of more than five vitongoji shall be divided and reduced to five vitongoji at the time and in the manner as the Minister may deem appropriate.
31. Establishment of Ward Development Committee
(1) There is hereby established a Ward Development Committee for every ward established in the area of every district council;
(2) Every Ward Development Committee shall consist of–
(a) a councillor representing the ward who shall be a chairman or in his absence members shall elect a presiding Chairman from amongst village Chairmen;
(b) chairmen of all village councils within the ward;
(c) any person who is a member of a district council by virtue of section 35 (1) (c) of this Act and who is ordinarily resident in the ward;
(d) any other persons who may be invited by the committee who shall include persons from non-governmental organisations and other civic groups involved in the promotion of development in the ward but shall have no right to vote.
(3) The ward executive officer shall be the Secretary of the Ward Development Committee.
(4) The Ward Development Committee shall ordinarily meet at least four times a year but may hold a special or extra-ordinary meeting whenever necessary.
(5) The Secretary of the Ward Development Committee shall record the proceedings of the meetings and shall submit the minutes to the Ward Development Committee and district council.
(6) The Ward Development Committee may for the purpose of coordinating the functions or projects amongst different wards, establish joint ward committees.
(7) The joint ward committees established under subsection (6) shall each consist of such members as may be determined by the Ward Development Committee.
(8) The funds and resources of Ward Development Committee shall consist of such sum as may be determined and appropriated by the district council for the purpose of the ward development committees.
32. Functions of Ward Development Committee
(1) The Ward Development Committee shall be responsible for ensuring the implementation of the decisions and policies of the district council, and of the development schemes, which relate to the ward, and without prejudice to the generality of that duty, shall, in particular, be responsible for–
(a) promoting the establishment and development of cooperative enterprises and
activities within the ward;
(b) the initiation or formulation of any task, venture or enterprise designed to ensure the welfare and well being of the residents of the Ward;
(c) the supervision and co-ordination of the implementation of projects and
programmes of the district council within the ward;
(d) planning and co-ordinating activities of, and rendering assistance and advice to the residents of the ward engaged in any activity or industry of any kind;
(e) the formulation and submission to the village councils or to the district councils, of proposals for the making of bylaws in relation to the affairs of the ward; (f) monitoring revenue collection;
(g) initiating and promoting participatory development in the ward;
(h) supervising all funds established in and entrusted in the ward;
(i) managing disaster and environment related activities; and (j) promotion of gender issues.
(2) For the purposes of subsection (1), a scheme or programme for the development of the area of the ward includes a scheme or programme– (a) for agricultural or pastoral development;
(b) for the construction of roads or public highways;
(c) for the construction of works or buildings of the social welfare of the inhabitants of the ward;
(d) for the establishment of any industry;
(e) for the construction of any work of public utility.
33. Procedure for implementation of schemes and programmes
(1) Where any scheme or programme for the development of the ward has been approved by the Director or the village councils concerned, the Ward Development Committee shall, in such manner as is customary to disseminate information in the area, inform all persons within the area of the ward of the details of the scheme or programme and of the date, time and place upon which and when the persons liable to participate in its implementation shall report in order to participate.
(2) The Ward Development Committee may require different categories of persons to report for participation in the implementation of a scheme or programme, at different times.
(3) Subject to the preceding provisions of this section, and to any general or specific directions of the district council in that behalf, the Ward Development Committee may, in enforcing the implementation of any scheme or programme, adopt such procedure or procedures as will appear to it to be best suited for or conducive to the speedy and correct realisation of the purposes of the scheme or programme.
34. Proceedings of Ward Development Committee
(1) Subject to any regulations made in that behalf or any directions given by the district council, every Ward Development Committee may regulate its own procedure.
(2) The Director of each district council shall be the Secretary to the council, but shall not vote at any of its meetings.
(3) The validity of any act or decision taken at any meeting of a Ward Development Committee or any of its subcommittees shall not be affected by any vacancy in their respective membership or any defect in the appointment of the persons attending any of their respective meetings.
Part III-Composition of Local Government Authorities
35. Constitution of district councils
(1) Every district council shall consist of–
(a) members elected one from each ward in the area of the district council;
(b) three members appointed by the Minister;
(c) the Member or Members of Parliament representing constituencies within the area of the district council in the Assembly; and
(d) such number of women members who are qualified to be elected to the council, being not less than one third of all the members referred to in paragraphs (a), (b) and (c) to be proposed by the political parties represented in the Council in such numbers as shall be proportional to the number of the members of those parties elected to the Council, who the electoral authority shall declare to have been elected into the Council;
(e) any other member of parliament whose nomination originated from organs of political parties within the area of jurisdiction of the district council.
(2) The Director of the each district council shall be the Secretary to the council.
(3) Members of the district council elected under paragraph (f) shall be elected after every three years by rotation and shall not exceed one-third of all elected members of the district council.
(4) Members required to be elected by the district council shall be elected by secret ballot at elections in which no person shall participate except members referred to in subsection (1)(a), (d), and (e), and they shall be deemed to be appointed members for the purpose of this Act.
(5) Subject to the provisions of any other law, the electoral authority may provide the procedure to be followed by political parties in the nomination and election of names of members under subsection (1) (d).
36. Chairmanship of district councils
(1) There shall be a Chairman and Vice-Chairman for each district council.
(2) The Chairman and the Vice-Chairman of the District Council shall each be elected by members from amongst themselves.
(3) The Chairman, when elected, shall, unless he sooner resigns or otherwise ceases to be a member, hold office for a term of five years and at the expiration of that term shall be eligible for re-election, subject to the provisions of section 44.
(4) The Vice-Chairman shall hold office for one year, but may be re-elected.
(5) Notwithstanding the provisions of subsection (3), the Council may by a resolution supported by two thirds of the members, remove the Chairman from office:
Provided that the Chairman who has been removed may appeal to the Minister only on issues of procedure relating to such removal.
37.
Election of elected members
(1) All elected members of the district council shall be elected at elections conducted for the purpose in accordance with the provisions of the law in force in relation to the election of members of local government authorities.
(2) Ordinary elections of elected members shall be held prior to the date of retirement of incumbent members; and elected members shall not assume their offices until after the incumbent members have retired.
38. Qualifications for election
No person shall be qualified for election as an elected member of a district authority unless–
(a) he has attained the apparent age of twenty-one years;
(b) he is a member of a household within the Kitongoji and is ordinarily resident in the Kitongoji;
(c) he is able to read and write in Kiswahili or English;
(d) he has a lawful means of livelihood;
(e) he is a citizen of the United Republic;
(f) he is a member of and sponsored by a political party registered as such by an Act of Parliament.
39. Tenure of office of elected members
(1) The term of office of a member of a district council, including that of the Chairman, shall be five years and all the elected members shall retire on the fifth anniversary of the date on which they assumed their office and their places, if not re-elected, shall be filled by newly elected members who shall come in office on that day.
(2) Where a member is elected in a by-election he shall hold office only for the reminder of the term of office of his predecessor, but shall be eligible for re-election.
40. Cessation of membership for disqualification
Where a person is elected a member of a district council and subsequently circumstances occur in relation to him such that if he were not yet elected he would thereby have been disqualified from standing as a candidate for election as a member, he shall be disqualified from continuing in office, shall cease to be a member and the Electoral Authority shall declare his seat on the district council to be vacant, and thence cause elections to be held to fill the vacancy.
41. Resignation and absence of members
(1) Any elected member may resign his seat on the council by giving written notice of his resignation to the Chairman.
(2) A district council may grant leave of absence from its meetings, not exceeding ten months, to any member who desires to proceed to a destination outside the United Republic; and during the period of absence of that member the district council may co-opt a person to discharge the duties of the absent member, subject to subsection (3).
(3) Where an elected member is for any reason absent form the United Republic for a period exceeding ten months his seat on the district council shall be deemed to be vacant.
(4) A person co-opted to discharge the functions of the office of a member shall during the period for which he is co-opted have and exercise the same rights and powers in all respects as the member the functions of whose office he is discharging has when present.
(5) Where any member of a district council–
(a) without prior written consent of the Chairman, absents himself from three
consecutive ordinary meetings of a district council; or
(b) without leave of absence or the prior written approval of the chairman of a committee absents himself from three consecutive meetings of any committee to which he has been appointed by the district council, he shall, after proper inquiry by the district council at a subsequent meeting held for that purpose, be liable to be discontinued in his office as a member of the district council.
42. Casual vacancies
(1) The Minister shall declare the seat of any member of the district council to be vacant whenever it is informed in writing by the Chairman of the council that–
(a) the member has died or resigned; or
(b) the member is, by virtue of the terms of or under this Act or any other written law, disqualified from or should be declared to be incapable of becoming or continuing to be a member; or
(c) the election of that member has been declared void; or
(d) the seat of that member is deemed to be vacant under this Act;
(e) the member has ceased to be a member of the political party which had proposed the member as a candidate.
(2) Any vacancy which is declared pursuant to subsection (1) shall be deemed to be a casual vacancy for the purposes of this Part.
(3) Subject to subsection (4), a casual vacancy shall be filled within ninety days of its occurrence or such further period as the Electoral Authority may in any particular case allow, by nomination or, if the member whose place becomes vacant was elected, by election in the manner prescribed by law for the filling of casual vacancies and the member filling the vacancy shall hold office for the unexpired portion of the term of the office of the member whose place has become vacant.
(4) Where a casual vacancy occurs within six months immediately preceding the ordinary date of the retirement of the member in respect of whom the vacancy occurs, a nomination or election under this section shall not be made or held to fill the vacancy, but the vacancy shall be filled at the next ordinary nomination or election.
43. Decision of questions as to membership of council
(1) All questions arising as to whether a person has been lawfully elected a member or not, or the right of any person to be or remain a member of a district council, shall be determined by a court of a Resident Magistrate upon the application of or election petition presented by, any one or more of the following persons, namely–
(a) a person who lawfully voted or had a right to vote at the election to which the application or election petition relates;
(b) a person claiming to have had a right to be nominated or elected at an election;
(c) a person claiming to have been a candidate at the election;
(d) a person claiming to have a right to be or remain a member of a district council; (e) the Attorney-General.
(2) Petitions and applications tried in pursuance of this section shall be governed by the provisions of the law in force in relation to the trial of petitions and applications arising from elections in local government authorities.
44. Procedure for the election of Chairman and Vice-Chairman
(1) There shall be held an election for the office of Chairman whenever the seat is or is due to be vacant, which shall be conducted in accordance with the provisions of the law for the time being in force in relation to the election of members of local government authorities.
(2) An election of the Vice-Chairman shall be held whenever that office is vacant, and the district council shall regulate its own procedure for the purpose.
45. Constitution of township authority
(1) Every township authority shall consist of–
(a) a Chairman who shall be elected by the members of the township authority from amongst the Chairmen of the vitongoji within the area of the Township Authority;
(b) the Chairman of the Vitongoji within the area of the township authority;
(c) not more than three other members to be appointed by District council of the Township; and
(d) the Member of Parliament representing the constituency within which the township authority is established.
(e) such number of women members who are qualified to be elected to the township authority being not less than one quarter of all the members referred to in paragraphs (a), (b) and (c) to be proposed by the political parties represented in the township authority in such numbers as shall be proportional to the number of members of those parties elected to the township authority which the electoral authority shall declare to have been elected into the township authority.
(2) The Township Executive Officer of the township authority shall be the secretary of the township authority but shall not vote at any of its meetings.
46. Election of Chairman and Vice-Chairman
The Chairman and the Vice-Chairman of a township authority shall each be elected by the members of the township authority from amongst the elected members of that authority.
47. Elected and appointed members of the township authority
(1) The appointment of appointed members of a township authority shall be carried out at the first meeting of the district council next following the establishment of the township authority concerned within the area of the district council.
(2) All persons who become members of a township authority immediately after its establishment shall hold office only for the remainder of the term of office of the elected members of the district council.
48. Qualifications for election
The provisions of section 38 which relate to the qualifications for election to membership of a district council shall apply, mutatis mutandis, to persons seeking election to membership of a township authority as if references in that section to district councils were references to township authorities.
49. Tenure of office of members
(1) The term of office of an elected member of a township authority, including the Chairman, shall, subject to subsection (2), be three years and all the elected members shall retire on the third anniversary of the date on which they assumed their offices and their places, if not reelected, shall be filled by newly elected members who shall come in office on that day.
(2) Where a member is elected in a by-election he shall hold office only for the remainder of the term of office of his predecessor, but shall be eligible for re-election.
(3) Notwithstanding the provisions of subsection (1) the township authority may by resolution supported by two thirds of the members, remove the chairman from office:
Provided that, the chairman who has been removed may appeal to the Minister only on issues of procedure relating to such removal.
50. Cessation of membership for disqualification
Where a person is elected a member of the township authority and subsequently circumstances occur in relation to him such that if he were not yet elected he would thereby have been disqualified from standing as a candidate for election as a member, he shall be disqualified from continuing in office, shall cease to be a member and the Electoral Authority shall declare his seat on the township authority to be vacant, and thence cause elections to be held to fill the vacancy.
51. Resignation and absence of members
The provisions of section 41 shall apply, mutatis mutandis, to township authorities in relation to the right of members to resign and the limitation on frequency of absence of members from meetings as if references in that section to district councils were references to township authorities.
52. Casual vacancies
The provisions of section 42 shall apply, mutatis mutandis, to township authorities in relation to the occurrence and the filling of casual vacancies as if references in that section to district councils were references to township authorities.
53. Decision of questions as to membership of township authorities
The provisions of section 43 shall apply, mutatis mutandis, to the resolution of questions as to membership of township authorities as if references in that section to a district council were references to a township authority.
54. Procedure for the election of Chairman and Vice-Chairman
(1) There shall be held an election for the office of Chairman of a township authority whenever the seat is or is due to be vacant, which shall be conducted in accordance with the provisions of the law in force in relation to the election of members of local government authorities.
(2) An election of Vice-Chairman shall be held whenever that office is vacant, and the township authority shall regulate its own procedure for the purpose.
55. Composition of village assembly
Every village assembly shall consist of every person who is ordinarily resident in the village and who has attained the apparent age of eighteen years.
56. Composition of village council
(1) Every village council shall consist of not less than fifteen but not more than twenty five members as follows–
(a) a Chairman to be elected by the village assembly;
(b) the Chairman of all the Vitongoji within the village;
(c) such other members to be elected by the village assembly of whom not less than one quarter of the total number of all the members of the village council shall be women.
(2) The village executive officer shall be the Secretary to the village council.
(3) The election of the village council shall be according to such regulations as may be made by the Minister.
57. Election of village council
(1) As soon as may be practicable after the registration of a village, the village assembly of the village shall meet for the purpose of electing a village council for the village.
(2) The meeting convened under subsection (1) shall be presided over by a chairman elected by the village assembly from among its members for the purposes of holding elections.
(3) After the expiry of five years from the date when the village council was elected by the village assembly, the executive director of the the village district council in which the village is situated, or any other person appointed by the director to be the assistant returning officer, shall in the manner prescribed by the Minister in the regulations convene a meeting of the village assembly for election of new members of the council.
(4) Notwithstanding the provisions of subsection (3) and of section 59, where for a reasonable cause or upon the occurrence of an event preventing the holding of elections of village councils, the Minister considers it necessary to postpone the elections to some later date, he may, by notice published in the Gazette, extend the term of office of the members, and the notice shall become effective only upon its approval by resolution of the National Assembly at its meeting immediately following upon the making of the notice by the Minister.
(5) At the meeting convened pursuant to the. provisions of subsection (3) a temporary chairman elected by the village assembly shall preside.
(6) It shall be lawful for the village assembly, at a meeting convened pursuant to subsection (3), to enlarge or reduce, subject to regulations in that behalf made under this Act, the membership of the village council to be elected.
58. Qualifications for election
No person shall be qualified for election as a member of the village council of a village unless–
(a) he has attained the apparent age of twenty-one years;
(b) he is a member of a household within the village and is ordinarily resident in the village;
(c) he is able to read and write in Kiswahili or English; (d) he has a lawful means of livelihood.
59. Tenure of office of members
(1) Every member of the village council shall, unless he sooner ceases to be a member by death or resignation, continue to hold office as a member of that council until such time as the village assembly next meets for the election of the members of the council in accordance with the provisions of subsection (3) of section 57.
(2) Notwithstanding the provisions of subsection (1) the Council may by resolution supported by two thirds of the members, remove the Chairman from office:
Provided that a chairman who has been removed may appeal to the District Commissioner only on issues of procedure relating to such removal.
(3) A Chairman who is aggrieved by the decision of the District Commissioner under subsection (2) my appeal to the Minister.
60. Cessation of membership for disqualification
Where it is ascertained that any member was elected while he was not qualified for election, or that a member properly elected has subsequently become disqualified to continue holding office as a member, that member shall forthwith cease to be a member, and arrangements shall be made to cause elections to be held to fill the casual vacancy so occurring.
61. Resignation and absence of members
(1) A member of the village council may at any time resign by giving written notice of his intention to resign to the chairman of the village council, and his resignation shall take effect from the date mentioned in the notice or, if no date is mentioned, on the receipt of the notice by the Chairman.
(2) Any member who, without leave of absence or the prior approval of the Chairman absents himself from three consecutive ordinary meetings of the village council, or of a committee of the council to which he is appointed by the council, shall by virtue of such absence be disqualified from continuing to be a member of the village council or of that committee.
62. Casual vacancies
Any casual vacancy occurring in the membership of a village council may be filled by the council by appointment of a member from amongst the residents of the authority, save that–
(a) no person shall be appointed under this section unless he is a person who would qualify for election as a member under section 58;
(b) any person appointed under this section shall hold office for the unexpired term of office of his predecessor;
(c) the village council may, if in its opinion it is desirable so to do, convene an extraordinary meeting of the village assembly for election of a member to fill the vacancy.
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