11. Urban Areas and Cities Act, No. 13 of 2011

The page entails details on the Urban Areas Cities Act which provides for classification, governance and management of urban areas and cities

Quick Link: http://www.kenyalaw.org/lex//actview.xql?actid=CAP.%20275

· The Act provides for classification, governance and management of urban areas and cities; to provide for the criteria of establishing urban areas, to provide for the principle of governance and participation of residents.

· County governments are bound to comply with the National Urban Development Policy in implementing provisions of the Act.

· Section 5 provides the criteria for classifying an area as a city. This criterion is further detailed in the First Schedule to the Act. Employing this criteria, Nakuru town was granted a charter as a city. This is bound to lead to improved infrastructure.

· Section 9 provides the criteria for conferring a town a municipal status by a county governor. On the other hand, section 10 sets out the criteria for eligibility for grant of town status.

· Part III of the Act provides for the governance and management of urban areas and cities. This includes the principles for governance as well as the governance structures such as municipal and city boards, city or municipal managers, and town administrators.

· Section 22 provides for citizen fora whereby residents of a city, municipality or town may deliberate and make proposals to a relevant body on the provision of services; proposed national policies and legislation; proposed issues for inclusion in county policies; proposed development plans of county and national government and any other matter of concern to them. A board is obliged to make recommendations on the manner of implementation of issues raised at such a citizen forum with a manager reporting on the decision made in respect of each representation or petition. This provision for citizen participation is crucial as it enables direct input of citizens into the physical planning and development of their localities. Further details on citizen participation are set out in the Second Schedule to the Act.

· Part IV of the Act relates to delivery of services which delivery is vested on a board on behalf of the county government.

· Under section 32, a city or municipal board may establish operational sectors and service delivery entities with the approval of the county executive committee for carrying out functions and delivery of services within its area of jurisdiction.

· Under section 33, such boards may enter a partnership with a utility company either within or outside the county or internationally for the provision of social infrastructural services, in consultation with the county governor and with the approval of the county assembly. 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. 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. This is an area that needs to be taken advantage of in many urban areas/towns given the lack of social infrastructure to enable proper housing. Section 35 provides a safeguard by allowing residents to raise objections to any such partnership or joint venture.

· Section 36 provides that every city or municipality shall operate within the framework of integrated development planning which shall give effect to the development of urban areas and cities. The integrated city or urban development plan shall also be the basis for the preparation of environmental management plans; the preparation of valuation rolls for property taxation; the provision of physical and social infrastructure and transportation; the preparation of annual strategic plans for a city or municipality; disaster preparedness and response; overall delivery of service including provision of water, electricity, health, telecommunications and solid waste management; and the preparation of a geographic information system for a city or municipality; and basis for development control. Such plans bind, guide and inform all planning development and decisions and ensure comprehensive inclusion of all functions.

· Section 36(3) provides that a county government shall initiate an urban planning process for every settlement with a population of at least two thousand residents. It is not entirely clear whether county governments have engaged in this process.

· Section 37 requires these plans to be aligned with the development plans and strategies of the county governments.

· Section 38 provides that every city or urban area shall prepare an integrated city or urban area development plan in accordance with the Third Schedule to the Act. The contents of such plans are further articulated under section 40 of the Act. It is not clear that the various urban areas in the country have prepared these plans, which form the basis for orderly physical developments including housing.

· Section 41 requires the municipal/city manager or the town administrator to 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. The submitted plan should be accompanied by a summary of the process of its formulation plan provided under this Part; and a statement that the process has been complied with, together with any explanations that may be necessary to clarify the statement. The county executive committee must within 30 days of receipt consider the plan and make recommendations and submit the said plan to the county assembly for approval.

Section 42 requires the city or municipal board to review its integrated development plan every year to assess its performance and amend it where necessary