Section 41: How lower councils make byelaws and enforce fines
41.Byelaws by lower councils
(1)An urban, subcounty, division or village council may, in relation to its powers and functions, make byelaws not inconsistent with the Constitution, or any law enacted by Parliament, or an ordinance of the district council or a byelaw passed by a higher council.
(2)Byelaws made under this section—
(a)by a municipality shall be subject to section 40(2);
(b)by a lower local council other than a municipality shall be forwarded to the district council to certify that the byelaw is not inconsistent with the Constitution, or any law enacted by Parliament, or an ordinance of a district or a byelaw passed by a higher council;
(c)by the village or municipal division councils in a municipality shall be forwarded to the municipal council to certify that the byelaw is not inconsistent with any law or ordinance or byelaw passed by a higher council;
(d)by the village council shall be forwarded to the subcounty council to certify that the byelaw is not inconsistent with any law or ordinance or a byelaw passed by a higher council.
(3)Where the Minister or the relevant council, as the case may be, is of the opinion that the byelaw forwarded under subsection (2) contravenes or derogates from the Constitution, or any law or an ordinance, or a byelaw passed by a higher council, the Minister or the council shall within sixty days from the date of receipt return the byelaw with his or her or its comments to the enacting council for modification or other appropriate action.
(4)A byelaw made under this section may prescribe fees, or charges or fines not exceeding two currency points for breach of the byelaw.
(5)On the making of a byelaw, a council shall notify the next higher local government before implementing that byelaw.
(6)The procedure of passing a byelaw by a local government council shall be as is provided in Schedule 2 to this Act.
(7)A byelaw made under this section may—
(a)create an offence for a breach of a provision of the byelaw;
(b)in the case of a municipality, prescribe a penalty of a fine not exceeding two currency points or a term of imprisonment not exceeding six months, or both in respect of an offence created under paragraph (a);
(c)provide that where a person is convicted of an offence created by the byelaw which prohibits possession of an article, object or thing, the court orders the forfeiture or destruction of the article, object or thing in addition to the penalty provided;
(d)in the case of a municipality, prescribe that in addition to or substitution for the penalty, if the breach relates to a condition of a licence or permit under the byelaw, the licence or permit be suspended or cancelled; and
(e)provide that in addition to the penalty, any expenses incurred by the local council or person or other public body as a result of the breach of a provision of an ordinance or non-performance of a requirement under the ordinance shall be paid by the person convicted, and expenses may be recovered summarily as a civil debt.
Plain English Summary
Lower local councils can create byelaws to govern their areas, but these byelaws must not conflict with the Constitution or any higher law. Before imp...
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