REPUBLIC OF KENYA REPORT OF THE PERMANENT SECRETARY FOR LOCAL GOVERNMENT FOR THE YEARS 1962-1963 Two Shillings - 1965 REPORT OF THE PERMANENT SECRETARY FOR LOCAL GOVERNMENT FOR THE YEARS 1962-1963 REPORT OF THE PERNUNENT SECRETARY FOR LOCAL GOVERNMENT FOR THE YEARS 1962 AND 1963 THE HON. MINISTER FOR LOCAL ÜOVERNMENT, NAIROBI. SIR, J have the honour to report as follows:- The following constituted the senior staff of the Ministry of Local Government at the end of 1963: Permanent Secretary for Local Government: Mr. J. M. Ojal. Deputy Secretary for Local Government: Mr. A. Altorfer, F.S.A.A., A.l.M.T.A. Assistant Secretary: Miss K. K. Sondhi, Barrister-at-Law, Middle Temple. Principal Local Government Financial Officer: Mr. H . C. Seely, A.I.M.T.A. Senior Local Government Financial Officers: Mr. J. O . England, A.l.M.T.A.; Mr. R. W. Midcalf, A .S.A.A., A.J.M.T.A.; Mr. M. A. Higgs, A.I.M.T.A.; Mr. K. W. L. Mustoe, A.I.M.T.A.; Mr. D . C. MacDonald, A.l.M.T.A.; Mr. W. MacDonald, A.I.M.T.A.; Mr. A. Shaw, A.l.M.T.A. ; Mr. P. Tasker, A.I.M.T.A.; Mr. G. W. J. Aston; Mr. G. Haywood. Local Government Financial Officers: Mr. O. T. F. Fonseca, A.T.M.T.A.; Mr. P. V. Bhardwaj; Mr. N. K. Khan na. 2. The draft of a new Local Government Bill was produced by a Working Party on which ali types of local authority were represented. The membership of the Working Party was:- Mr. A. Altorfer Deputy Secretary, Ministry of Local Government ( Clwirman). Mr. R. Lunn Town Clerk, Nairobi City Council. Mr. K. Louis Town Clerk, Nakuru Municipal Council. Mr. P. A. Clarke Town Clerk's Department, airobi. Mr. C. S. Kabetu Secretary, Kiambu African District Council. Mr. L. Woodroofc Town Treasurcr, Nakuru Municipal Council. Mr. K. Lusted County Treasurer, Nakuru County Council. Mr. R. T. Wright Clerk of the Council, Nairobi County Council. Mr. L. E. Tarplee Clerk of the Council, Nakuru County Council. Mr. J. M. Omino, B.E.M. Chairman, Central Nyanza African District Council. Mr. F. P. B. Derrick Office of the Leader of the House, Nairobi. Mr. R. E. Deitrich .. Financial Adviser, Kiambu African District Council. Mr. J. S. Macartney Ministry of Local Government (Secretary). The Working Party concluded its work on the draft of the new Local Government Bill. Part 1 of this Bill was circulated just before the delegates left for the Lancaster House Conference in February 1962, and PartH in April 1962. At the same timea Working Party was consideri ng local authority finance and reached the finn conclusion that it was necessary to have an independent commission to look at the whole structure of local government finance. 2 3. Comments were received on the dra ft Bill and were discussed du ring 1962. lt gradually became clear during the year thal it was not possible to find time for the Bill to be taken through the Legislative Council. As an alternative and as it was absolulely necessary to revoke the old discrimina tory ordina nces, the Bi ll was adapted into the form of Loca l Government Regulations which were finally made by the Governor in April 1963. 4. After the Lancaster House Conference, discussion went on in connexion with the new regional Constitution throughout 1962. By December it was clear what the policy would be in respect of local autborities and by that time too the regional boundary structure had been published. lt was therefore decided tbat District Com­ missioners should undertake local inquiries into the future form of local government in their areas a nd should invite evidence. T he Ministry's circular 1200/22 is reproduced as Appendix 1 to this report. 5. Forty inquiries were held and the results sent to this Ministry for consideration and subsequent submission to the then Council of Ministers. ln each case a summary of the evidence was included. As a matter of historical record this process involved the duplicating of over 20,000 folio sheets of paper excluding consideration of Nairobi. 6. ln the majority of cases Council of Ministers agreed with the submissions of the Ministry a nd it was only in respect of the Thika area that there was some delay. After careful consideration the Prime Minister decided that in this area the Counties of K iambu and Murang'a should be extended to cover the whole district. The recom­ mendations in respect of these two Counties had not been implemented by September 1963, and the Central Regional Assembly decided that they were unable lo agree with the proposais of the Council of Ministers a nd that they would make amendments to the orders setting up t hese two local a uthorities. ln particular, they did not like the principle of having elected councillors elected with special qualifications to represent special interests, nor did they agree with the principle of nomination to represent special interests. 7. The efTect of the adoption of the new regional boundaries meant the frag­ men tation of many local authorities, in particular the old county councils, as it was not possible for a local authority to be partly in one and partly in another Region. lt was therefore decided in March 1963 that the membership of the old European county counci ls would be dissolved before the national elections and in their place WindLng Up Commissions were appointed consisting of the District Commissioner (sub­ sequently renamed Regional Government Agent), the County Clerk a nd the County Treasurer. These Commissioners admmistered the services of the o ld councils in most cases, un til the end of J 963. As a matte r of historical record a copy of the !etier sent by the then Minister to the Chairman of the old county councils is at Appendix Il. 8. Where entirely new councils were proposed, Preparatory Commissions were created consisting of representatives of the old councils under the chairmanship of the District Commissioners. Prepa ratory Commissions were set up for Busia, Nyan­ darua, Kipsigis, Kirinyaga a nd Lamu. 9. No completely standard pattern was adopted in respect of the reconstitution of local authorities a nd varying patterns were provided in accordance very largely with the wishes of the people. In some cases counci llors were elected directly to the top tier authorities in single member constituencies ; in other cases two or three member constituencies were adopted; again in other cases lower tier councils elected rep­ resentatives on to the top tier sitting as electoral bodies. T he general principle of retirement of one third of the elected members annua lly was adopted throughout Kenya, as it was felt desrrable t hat there should be elections each year in at least some part of a local authority a rea, in order to a llow the electorale to express their opinion on the adequacy of the work of the council. A li parts of Kenya were in this way covered by local authorities, and one new municipality- that of T hika- was created. Astate­ ment showing the composition of tbese councils appears at Appendix JII. 3 10. Ali loca l authorities wcre dissolvccl a nd though some wcre not affccted by boundary changes, a li were a ffected by constitutiona l changes, as explained a bove. The table at Appendix lV illustrates the manner in which the dissolvcd loca l authorities were reconstituted, e ither by assimilation in a pa rt of a new local authority, by en large­ ment of arca, o r without any boundary cha nges. I l. Simultaneously, the Ministry undertook a numbcr of other major tasks in 1962 a nd 1963. Besicles the day-to-day administration of municipalities and county councils, and advice to Provincial Commissioners on policy matters in connexion with African District Counci ls, the following tasks can be mentioned :- ( 1) Evidence to the Fiscal and Economy Commissions. 1n the case of the former a Senior Local G overnment Financial Officcr, Mr. England, was second:!d to work with the Commission and provided a very large amount of information on which the Commission rcached their conclusions. (2) ln 1962, evidence was provided to the W.H.O./ F.A.O. Tea m which came to Kenya to ad vise on the administration of water a nd its problems. The Ministry were gratifiee! to note thal the Team recommended tha t water should be a local authori ty subject wherever a local authority was capable of looking after its watc r supplies eO'ectively and economically. (3) The oversight of local authority elections throughout Kenya. The nationa l regulations were adaptee! for this purpose and Mr. Fitzgerald, who had been Deputy Superviser of the nationa l elections, was made Superviser of Loca l Govcrnmcnt Elections a nd attachee! to the M inistry for this purpose. (4) ln 1962, a Working Pa rty under the chairmanshi p of the then Parliamentary Secrctary, Mr. P. O. Marrian, was set up to consider the future of the airobi City Council Superannuation Fund and those local government officers who were contributors to the Fund. This Working Party held a number of meetings and eventually its report was acceptee! by the Coalitio n Government in November 1962. The repo rt recommended :- (a) The closing of the o ld Fund, its "topping up" and transfer to Londo n to be administered by the Public Trustee; a nd (b) the crea tion of a new Fund for local government officers throughout Kenya to be administered locally by trustees.