SECTION 11 & Part of SECTION 12 of the KCCA ACT. This is a MUST READ. 11. Functions of Lord Mayor (1) The functions of the Lord Mayor are to— (a) Be the political head of the Capital City; (b) Preside over all meetings of the Authority; (c) Perform ceremonial functions and civic functions; (d) Host foreign and local dignitaries; (e) Head the Authority in developing strategies and programmes for the development of the Capital City; (f) Monitor the administration of the Capital City; (g) Provide guidance to the division administrations; and (h) Represent the Capital City on the Metropolitan Authority. (2) The Lord Mayor shall in the performance of his or her functions, be answerable to the Authority and the Minister. (3) The Deputy Lord Mayor shall assist the Lord Mayor in the performance of his or her functions and shall otherwise deputize for the Lord Mayor in his or her absence. 12. Vacation of office of Lord Mayor or Deputy Lord Mayor (1) The Lord Mayor and Deputy Lord Mayor may be removed from office by the Authority by resolution supported by not less than two thirds majority of all the members of the Authority on any of the following grounds— (a) Abuse of office; (b) Incompetence; (c) Misconduct or misbehavior; (d) Physical and mental incapacity rendering him or her incapable of performing the duties of Lord Mayor or Deputy Lord Mayor; (e) Failure to convene two consecutive meetings of the Authority without reasonable cause; or (f) Corruption. (2) Notwithstanding subsection (1), the seat of the Lord Mayor or Deputy Lord Mayor shall fall vacant if— (a) The holder resigns in writing addressed to the Minister; (b) The holder commits a breach of the Leadership Code of Conduct and the Punishment imposed includes the vacation of office; (c) The holder accepts appointment to a public office; (d) The holder is sentenced to death or to imprisonment exceeding six months without the option of a fine; (e) The holder is convicted of an offence involving dishonesty or moral turpitude; or (f) Circumstances arise which disqualify the holder from occupying the office under any other law. (3) For the purposes of removing the Lord Mayor or Deputy Lord Mayor under subsection (1) other than under subsection (1)(d), a petition in writing signed by not less than one third of all the members of the Authority shall be submitted to the Minister— (a) Stating that the members intend to pass a resolution of the Authority to remove the Lord Mayor or Deputy Lord Mayor on any of the grounds set out in subsection (1); (b) Setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that the conduct of the Lord Mayor or Deputy Lord Mayor be investigated for the purposes of his or her removal. (4) For the avoidance of doubt, where a petition has been submitted to the Minister under subsection (3), a person shall not withdraw his or her signature supporting the petition. (5) The Minister shall evaluate the petition in consultation with the Attorney General and if satisfied that there are sufficient grounds for doing so, shall, within twenty-one days after receipt of the petition, constitute a tribunal consisting of a Judge of the High Court or a person qualified to be appointed a Judge of the High Court, as chairperson and two other persons all of whom shall be appointed by the Minister in consultation with the Chief Justice, to investigate the allegations. (6) A person shall not be eligible for appointment as member of the tribunal unless that person— (a) Is of high moral character and proven integrity; and (b) Possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs. (7) The Lord Mayor or Deputy Lord Mayor is entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or person of his or her choice. (8) If the tribunal determines that there is a prima facie case for the removal of the Lord Mayor or Deputy Lord Mayor under subsection (1) other than subsection (1) (d), then if the Authority passes the resolution supported by the votes of not less than two-thirds of all members of the Authority, the Lord Mayor or Deputy Lord Mayor shall cease to hold office. The Lord Mayor or Deputy Lord Mayor is entitled to appear in person and be heard during the proceedings of the Authority relating to the motion for a resolution under this section or to appear by an advocate or other expert of his or her choice. A person who is removed as Lord Mayor or Deputy Lord Mayor may appeal to the High Court within twenty one days after the decision is communicated to him or her and the High Court may confirm or revoke the decision to remove him or her and make any order that the court considers just in the matter. The expenses of the tribunal shall be met by the Authority.
Posted on: Mon, 22 Sep 2014 20:22:14 +0000
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