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KCCA ACT

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KCCA ACT

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© © All Rights Reserved
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Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 64

7108 Cap. 195.

] Kampala Capital City Act

CHAPTER195

T HE KAMPALA CAPITAL CITY ACT

Arrangement of Sections

Section
PART I-INTERPRETATION

1. Interpretation

PART II-DECLARATION AND BOUNDARIES OF KAMPALA AS


CAPITAL CITY AND DELINEATION OF ITS BOUNDARY

2. Declaration of Kampala as Capital City

3. Boundary of Capital City

PART III-GOVERNANCE OF KAMPALA CAPITAL CITY

4. Establishment of Kampala Capital City Authority


5. Functions of Authority
6. Council of Authority
7. Functions of Council
8. Legislative powers of Council
9. Lord Mayor and Deputy Lord Mayor
10. Qualifications of Lord Mayor and Deputy Lord Mayor
11. Functions of Lord Mayor
12. Vacation of office of Lord Mayor or Deputy Lord Mayor
13. Election of councillors
14. Removal of councillors
15. Speaker and Deputy Speaker of Council
16. Election of Speaker and Deputy Speaker of Council
17. Functions of Speaker and Deputy Speaker of Council
18. Removal of Speaker and Deputy Speaker from office
19. Meetings of Council
20. Standing committees of Council
21. City Executive Committee
22. Functions of City Executive Committee
23. Business Committee
Kampala Capital City Act [Cap. 195. 7109

24. Lower urban councils of Authority

PART IV-METROPOLITAN PHYSICAL PLANNING

25. Minister to coordinate physical planning in Capital City with


other ministries

PART V-DIRECTORATES AND STAFF OF AUTHORITY

26. Executive Director


27. Functions of Executive Director
28. Removal of Executive Director
29. Deputy Executive Director
30. Directorates
31. Provisions governing staff of Authority
32. Metropolitan police

PART VI-LOWER URBAN COUNCILS

Division urban councils

33. Composition of division urban councils


34. Legislative powers of division urban councils
35. Mayor and deputy mayor of division urban council
36. Functions of mayor of division urban council
37. Division executive committee
38. Functions of division executive committee
39. Speaker and deputy speaker of division urban council
40. Election of speaker and deputy speaker of division urban council
41. Functions of speaker and deputy speaker of division urban council
42. Removal of speaker or deputy speaker of division urban council
from office
43. Management of division urban councils
44. Division town clerk
45. Removal of mayor or deputy mayor of division urban council
46. Powers of Council over division urban councils
47. Functions which shall be devolved to division urban councils
48. Departments of division urban councils
49. Technical assistance to division urban councils
7110 Cap. 195.) Kampala Capital City Act

Ward councils

50. Composition of ward urban councils


51. Management of ward urban councils

Village urban councils and street committees

52. Composition of village urban council


53. Composition of street committee
54. Performance of functions in absence of chairperson and vice
chairperson
55. Service on part-time basis
56. Functions which may be devolved to village urban councils and
street committees

Meetings of lower urban councils

57. Meetings of lower urban councils

PART VII-PLANNING FUNCTIONS OF KAMPALA CAPITAL


CITY

58. Capital city planning


59. Capital City technical planning committee

60. Planning units

PART VIII-FINANCIAL AND OTHER MATTERS

61. Duty to operate in accordance with Public Finance Management


Act
62. Power to levy taxes
63. Financial year
64. Grants to Authority
65. Consultation with other specialised agencies of government
Accounts and audit

66. Accounts
67. Audit
68. Capital City Public Accounts Committee
Kampala Capital City Act [Cap. 195. 7111

69. Removal of member of Capital City Public Accounts Committee


70. Internal audit

PART IX-RESIDENT CITY COMMISSIONER

71. Resident City Commissioner


72. Functions of Resident City Commissioner
73. Staff of office of Resident City Commissioner
74. Removal of Resident City Commissioner

PART X-GENERAL

75. Member of Parliament or Minister not to hold office of Lord


Mayor, Deputy Lord Mayor or councillors in Capital City
76. Tenure of office of Lord Ma yor, Deputy Lord Ma yor and
councillors ofAuthority, mayor and deputy mayor and chairperson
a nd councillors of lower urban councils a nd members of street
committees
77. Remuneration of members of Authority or committees

PART XI-MISCELLANEOUS

78. Application of other enactments


79. Powers of Minister
80. Accountability for public funds
81. Protection against court action
82. Regulations
83. Power to amend Schedules
84. Presidential, parliamentary and local government elections

SCHEDULES

Schedule 1 Currency Point

Schedule 2 Boundaries of Kampala Capital City

Schedule 3 Functions and Services of the Authority

Schedule 4 Meetings of Council


7112 Cap. 195.] Kampala Capital City Act

Schedule 5 Directorates ofAuthority and


Departments of Division Urban Councils

Schedule 6 Unconditional Grant


p

Kampala Capital City Act [Cap. 195. 7113

CHAPTER 195

THE KAMPALA CAPITAL CITY ACT

Commencement: 1 March, 2011


An Act to provide, in accordance with Article 5 of the Constitution, for
Kampala as the Capital City of Uganda; to provide for the
administration of Kampala by the Central Government; to provide
for the territorial boundary of Kampala; to establish the Kampala
Capital City Authority and to establish the Council of the Authority as
the governing body of the Capital City; to provide for the functions and
powers of the Authority; to provide for the election and removal of the
Lord Mayor and the Deputy Lord Mayor; to provide for the office of
Executive Director and Deputy Executive Director of the Authority; to
provide for lower urban councils under the Authority; to provide for
the devolution by the Authority of functions and services; to provide
for the power of the Minister to veto decisions of the Authority in
certain circumstances and for related matters.

PART I-INTERPRETATION

1. Interpretation

In this Act, unless the context otherwise requires-


"Authority" means the Kampala Capital City Authority established by
section 4;
"Capital City" means Kampala Capital City;
"Council" means the Council established under section 6;
"councillor" means a member of the Council, a division urban council,
ward urban council or village urban council;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"Lord Mayor" means the Lord Mayor of Kampala Capital City;
"lower urban council" means a division urban council, a ward urban
council, a village urban council and a street committee within
the Capital City;
"mayor" means the mayor of a division urban council;
"metropolitan area" means the area of jurisdic tion of the Authority
together with the neighbouring districts of Mpigi, Mukono
and Wakiso for purposes of coordinated physical planning;
7114 Cap. 195.] Kampala Capital City Act

"Minister" means the Minister responsible for the Capital City;


"Speaker" means the Speaker of the Council.

PART II-DECLARATION OF KAMPALA AS CAPITAL CITY


AND DELINEATION OF ITS BOUNDARY

2. Declaration of Kampala as Capital City

(1) In accord ance with Article 5 of the Constitution, Kampala,


located in Buganda, is declared the Capital City of Uganda.

(2) The Capital City shall, in accord ance with Article 5 of the
Constitution, be administered by the Central Government.

3. Boundary of Capital City

(1) The territorial boundary of the Capital City shall be as delineated


in Schedule 2 to this Act.

(2) The Minister may, in consultation with the Authority and with
the approval of Cabinet, establish divisions within the Capital City and alter
the boundaries of those divisions.

(3) The Minister may, in consultation with the Authority, establish


within the Capital City, ward urban councils and village urban councils and
may alter the boundaries of those councils.

PART III-GOVERNANCE OF KAMPALA CAPITAL CITY

4. Establishment of Kampala Capital City Authority

(1) There is established an authority known as the Kampala Capital


City Authority.

(2) The Authority shall be a body corporate with perpetual succession


and may sue and be sued in its corporate name and do, enjoy or suffer anything
that may be done, enjoyed or suffered by a body corporate.

(3) Any enactment that applies to a district shall, subject to this Act
and with the necessary modifications, apply to the Authority.
Kampala Capital City Act [Cap. 195. 7115

5. Functions of Authority

(1) The functions ofthe Authority are­


(a) to initiate and formulate policy;
(b) to set service delivery standards;
(c) to promote economic development in the Capital City;
(d) to construct and maintain roads;
(e) to construct and maintain drains;
(f) to install and maintain street lights;
(g) to organise and manage traffic;
(h) to carry out physical planning and development control;
(i) to assist in the maintenance oflaw, order and security;
G) to draw the attention of the divisions to any matter that attracts
the concern or interest ofthe Authority; and
(k) to perform any other function given to the Authority by the
Central Government.

(2) Notwithstanding anything in this Act, the Authority shall, in


addition, perform the functions and services set out in Parts A, B and C of
Schedule 3 to this Act.

(3) The Ministries responsible for health and environment shall


oversee the public health and environment matters respectively in the Capital
City.

(4) The Minister shall supervise, guide, inspect, monitor and


coordinate the governance activities of the Capital City in order to ensure
compliance with this Act and any other law.

6. Council of Authority

(1) The Council shall be the governing body ofthe Capital City.

(2) The Council shall consist ofthe following members-


(a) the Lord Mayor;
(b) the Deputy Lord Mayor;
(c) one councillor directly elected by secret ballot to represent each
electoral area in the Capital City on the basis ofuniversal adult
suffrage;
7116 Cap. 195.] Kampala Capital City Act

(d) two councillors re pre se nting the youth, one of whom shall be
female;
(e ) two councillors with disability re pre se nting pe rsons with
disabilities, one of whom shall be female;
(f) women· councillors forming one-third of the Council such that
the councillors e le cte d unde r paragraphs (c), (d) and (e) shall
form two-thirds of the Council;
(g) two councillors representing the workers, one of whom shall be
female; and
(h) two councillors representing the elderly, one of whom shall be
female.

(3) A person is not qualified to be a councillor unless he or she is a


citizen of Uganda.

7. Functions of Council

The functions of the Council are-


(a) to determine taxation levels within the Capital City;
(b) to enact subsidiary legislation for the proper management of the
Capital City;
(c) re vie w and approve budge t proposals made by the Executive
Director;
(d) to monitor the delivery of services within the Capital City;
(e) to mobilise the residents of the Capital City to undertake income
generating activities and self-help community projects;
(f) to assist the city divisions in mobilising the residents to pay local
taxes.

8. Legislative powers of Council

(1) The Council shall have power to make ordinances of the Council
not inconsistent with the Constitution or any other law made by Parliament.

(2) The power of the Council to make ordinances shall be exercised


by the passing of local bills into ordinances by the Council and signed by
the Lord Mayor.

(3) A local bill passed by the Council shall, before it is signed by the Lord
Mayor, be forwarded to the Attorney General through the Minister to
Kampala Capital City Act [Cap. 195. 7117

certify that the local bill is not inconsistent with the Constitution or any other
law enacted by Parliament.

(4) The Attorney General shall, within sixty days of receipt of the
local bill, submit his or her advice to the Minister.

(5) Where the Minister on the advice of the Attorney General is of


the opinion that a bill for an ordinance contravenes or derogates from the
Constitution or other law made by Parliament, he or she shall, within sixty
days after receipt of the bill, return the bill with his or her comments to the
Council for modification or other appropriate action.

( 6) A bill enacted by the Council and signed by the Lord Mayor


under this section shall be an ordinance of the Council and shall be
published in the Gazette and in the local media.

(7) Every member of the Council has a right to introduce a bill for
an ordinance in the Council.

9. Lord Mayor and Deputy Lord Mayor

(1) There shall be a Lord Mayor who shall be the political head of
the Capital City.

(2) The Lord Mayor shall be elected by universal ad ult suffrage


through a secret ballot at an election organised by the Electoral Commission.

(3) The Lord Mayor shall, with the approval of the Council, appoint
a Deputy Lord Mayor from among the members of the Council.

(4) The Lord Mayor and the Deputy Lord Mayor shall serve on a
full time basis.

10. Qualifications of Lord Mayor and Deputy Lord Mayor

A person is not qualified to be elected as Lord Mayor or Deputy Lord Mayor


unless he or she is qualified to be elected a member of Parliament.
7118 Cap. 195.] Kampala Capital City Act

11. Functions of Lord Mayor

(1) The functions of the Lord Mayor are-


(a) to initiate strategies and programmes for the development of the
Capital City;
(b) to address the Council on the state of affairs of the Capital City
once a year;
(c) to represent, support and promote the businesses and residents
of the Capital City;
(d) to promote the Capital City as a tourist and investment destination;
(e) to host foreign and local dignitaries on behalf of the Authority
and Capital City; and
(f) to perform ceremonial functions and civic functions.

(2) The Lord Mayor shall, in the performance of his or her functions,
be answerable to the Council and the Minister.

(3) The Deputy Lord Mayor shall assist the Lord Mayor in the
performance of his or her functions and shall otherwise deputise the Lord
Mayor in his or her absence.

12. Vacation of office of Lord Mayor or Deputy Lord Mayor

(1) The Lord Mayor and the Deputy Lord Mayor may be removed
from office by the Council, by resolution supported by not less than two­
thirds majority of all the members of the Council on any of the
following grounds-
(a) abuse of office;
(b) incompetence;
(c) misconduct or misbehaviour;
(d) physical and mental incapacity rendering him or her incapable of
performing the duties of Lord Mayor or Deputy Lord Mayor; or
(e) corruption.

(2) Notwithstanding subsection (1), the seat of the Lord Mayor or


the 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;
Kampala Capital City Act [Cap. 195. 7119

(d) the holder is sentenced to death or to imprisonment exceeding six


months without the option of a fine;
(e) the holder is c onvic ted of an offenc e 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 the 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 Council
shall be submitted to the Minister-
(a) stating that the members intend to pass a resolution of the Council
to remove the Lord Mayor or the Deputy Lord Mayor on any of
the grounds set out in subsection (1); and
(b) setting out the partic ulars of the c harge supported by the
necessary doc uments, where applicable, on which it is claimed
that the conduct of the Lord Mayor or the 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 a 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 the 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.
7120 Cap. 195.] Kampala Capital City Act

(8) If the tribunal determines that there is a prima facie case for the
removal of the Lord Mayor or the Deputy Lord Mayor under subsection
(1), other than subsection ( l )(d), then if the Council passes the resolution
supported by the votes of not less than two-thirds of all members of the
Council, the Lord Mayor or the Deputy Lord Mayor shall cease to hold office.

(9) For the purposes of the removal of the Lord Mayor or the Deputy Lord
Mayor on grounds of physical or mental incapacity under subsection
( )(d), there shall be submitted to the Minister, a petition in writing signed
by not less than one-third of all the members of the Council-
(a) stating that they intend to pass a resolution of the Council for
the removal of the Lord Mayor or the Deputy Lord Mayor from
office on grounds of physical or mental incapacity; and
(b) giving particulars of the alleged incapacity.

(10) The Minister shall, within seven days after receipt of a petition
under subsection (9), cause a copy to be transmitted to the Lord Mayor or
the Deputy Lord Mayor, Speaker, Executive Director and the Chief Justice.

(11) The Chief Justice shall, within seven days after receipt of the
notice transmitted under subsection (10) and in consultation with the Medical
Council, constitute a medical board comprising three qualified medical
specialists to examine the Lord Mayor or the Deputy Lord Mayor in respect
of the alleged incapacity and to report its findings to the Minister.

(12) Upon the constitution of the medical board under subsection


(11), the Chief Justice shall, within seven days, inform the Lord Mayor or
the Deputy Lord Mayor accordingly.

( 13) The medical board shall examine the Lord Mayor or the Deputy
Lord Mayor within fourteen days after the Chief Justice has informed the
Lord Mayor or the Deputy Lord Mayor of the constitution of the medical
board.

(14) The Lord Mayor or the Deputy Lord Mayor shall submit
himself or herself to the medical board for examination on a day and time
determined by the medical board.

(15) If the medical b oard determines that the Lord Mayor or the
Deputy Lord Mayor is, by reason of physical or mental incapacity unable
Kampala Capital City Act [Cap. 195. 7121

to perform the functions of the office of Lord Mayor or Deputy Lord Mayor
and the Council passes the resolution for his or her removal supported by
the votes of not less than two-thirds of all the members of the Council, the
Lord Mayor or the Deputy Lord Mayor shall cease to hold office.

(16) If the medical board, after the expiration of the period of fourteen
days referred to in subsection (13 ), reports that the Lord Mayor or the Deputy
Lord Mayor has failed or refused to submit himself or herself to the medical
board and the Council passes the resolution for his or her removal supported
by the votes of not less than two-thirds of all the members of the Council, the
Lord Mayor or the Deputy Lord Mayor shall cease to hold office.

(17) The Minister shall, within fourteen days of receipt of the report
of the tribunal or medical board, present the report to the Council.

(18) The motion for a resolution for the removal of the Lord Mayor or
the Deputy Lord Mayor shall be moved in the Council within fourteen days
after the receipt by the Minister of the report of the tribunal or the medical
board, failure of which shall render the resolution time-barred.

(19) The Lord Mayor or the Deputy Lord Mayor is entitled to appear
in person and be heard during the proceedings of the Council relating to the
motion for a resolution under this section or to appear by an advocate or other
expert of his or her choice.

(20) 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.

(21) The expenses of the tribunal and the medical board shall be met
by the Authority.

13. Election of councillors

(1) The Electoral Commission shall demarcate the electoral areas for
the election of councillors to be directly elected under section 6(2)( c) and (f).
7122 Cap. 195.] Kampala Capital City Act

(2) The Local Governments Act shall, with the necessary


modifications, apply to the election of councillors under this Act.

14. Removal of councillors

The procedure for removal of a councillor in the Local Governments Act


shall apply to the removal of a councillor under the Kampala Capital City
Authority.

15. Speaker and Deputy Speaker of Council

(1) There shall be a Speaker and Deputy Speaker of the Council


elected from among members of the Council.

(2) A person shall not qualify to be elected Speaker or Deputy


Speaker if he or she is a Lord Mayor or Deputy Lord Mayor.

(3) The Speaker and Deputy Speaker shall serve on a full time basis.

16. Election of Speaker and Deputy Speaker of Council

(1) The Speaker and the Deputy Speaker shall be elected through a
secret ballot.

(2) At the elections of a Speaker or Deputy Speaker, a person shall


not be declared elected Speaker or Deputy Speaker unless that person gets
more than fifty percent of the votes of all members of the Council cast in
his or her favour.

(3) Where a person does not obtain more than fifty percent of the
votes cast, the elections shall be repeated between the first two persons getting
the highest votes until one of them gets more than fifty percent of the votes.

(4) Where, during the election of a Speaker or Deputy Speaker only


one person is nominated, that person shall be declared elected Speaker or
Deputy Speaker.

(5) A chief magistrate shall preside at an election of a Speaker or


Deputy Speaker.
Kampala Capital City Act [Cap. 195. 7123

(6) Except for the taking of the oath of the members of the Council,
no business shall be transacted in the Council before the election of the
Speaker or Deputy Speaker at any time that the office is vacant.

(a) preside over all meetings ofthe Council;


(b) be charged with the overall authority for the preservation of
order in the Council and ensuing the enforcement ofthe rules of
procedure ofthe Council; and
(c) perform functions which are similar to those of the Speaker of
Parliament as may be consistent with this Act.

18. Removal of Speaker or Deputy Speaker from office

(1) The Speaker or Deputy Speaker may be removed from office


by the Council by a resolution supported by not less than two-thirds of
the members ofthe Council on any ofthe following grounds-
(a) abuse of office;
(b incompetence;
) misconduct or misbehaviour;
(c) physical or mental incapacity that would render the Speaker or
(d) Deputy Speaker incapable of performing the duties of Speaker
or Deputy Speaker; or
(e) failure to convene two consecutive meetings of the Council
without reasonable cause.

(2) A chiefmagistrate shall preside at the removal ofthe Speaker or


Deputy Speaker.

(3) The office of Speaker or Deputy Speaker shall fall vacant if the
holder­
(a) resigns the office in writing addressed to the Minister;
(b) accepts appointment to a public office; or
(c) dies.

Functions of Speaker and Deputy Speaker of Council


7124 Cap. 195.] Kampala Capital City Act

19. Meetings of Council

Schedule 4 to this Act has effect in relation to meetings of the Council and
other matters provided for in that Schedule.

20. Standing committees of Council

(1) The Council shall appoint standing committees not exceeding the
number of directorates of the Authority and other committees necessary for
the efficient discharge of its functions.

(2) A committee appointed under subsection (1) shall consist of a


chairperson and such other members of the Authority as the Council may
determine.

(3) The functions of a standing committee are­


(a) to oversee the performance of directorates;
(b) to make recommendations on quarterly and annual work plans of
directorates and report to the Council;
(c) to make reports to the Council on a quarterly and annual basis on
the performance of the directorates;
(d) to review bills for ordinances within their respective areas of
competence;
(e) to report to the Council on their functions; and
(f) to receive, scrutinise and recommend to the Council proposals
for the budget of the departments of the Authority.

(4) In the exercise of its functions under this section, a standing


committee may co-opt any member of the Council or any qualified person to
assist the standing committee in the discharge of its functions.

(5) Members of a committee appointed under this section may be


paid such allowances as the Council may, with the approval of the Minister,
determine.

(6) Councillors shall, for the purposes of subsections (1) and (2)
be elected to a standing committee and the election shall be by resolution
supported by a simple majority of councillors.
Kampala Capital City Act [Cap. 195. 7125

(7) The Council ma y, in the ma nner set out under subsection (6)
change the membership of a standing committee.

(8) A member of a standing committee shall hold office for one year
and is eligible for re-election.

21. City Executive Committee

(1) There shall be a City Executive Committee for the Council which
shall perform the executive functions of the Council.

(2) The City Executive Committee shall consist of­


(a) the Lord Mayor, who shall be the chairperson;
(b) the Deputy Lord Mayor, who shall be the vice chairperson; and
(c) three other members appointed by the Lord Mayor from among
members of the Council with the approval of the Council, at least
one of whom shall be female.

(3) The Lord Mayor shall constitute and present the City Executive
Committee during the second sitting of the Council.

(4) Members of the City Executive Committee shall serve on a full


time basis.

22. Functions of City Executive Committee

The City Executive Committee shall-


(a) ensure implementation of Council programmes and decisions;
(b) monitor sector performance and report to the Council;
(c) present the annual budget of the Authority to the Council; and
(d) assist the Lord Mayor in the performance of his or her functions
under this Act.

23. Business Committee

(1) There shall be a Business Committee of the Council consisting


of the following-
(a) the Speaker;
(b) the Deputy Speaker;
(c) the vice chairperson of the City Executive Committee; and
7126 Cap. 195.] Kampala Capital City Act

d( ) the chairpersons of the stand ing committees appointed under


section 20.

(2) The Speaker shall preside over sittings ofthe Business Committee,
and in his or her absence the Deputy Speaker shall preside.

(3) The Business Committee shall generate business for the Council
and arrange the business of each meeting and the order in which the
business shall be taken.

24. Lower urban councils of Authority

(1) The Capital City shall have the following lower urban councils
under the Authority-
(a) division urban councils;
(b) ward urban councils; and
(c) village urban councils.

(2) There shall also exist under the Authority, street committees.

PART IV-METROPOLITAN PHYSICAL PLANNING

25. Minister to coordinate physical planning in Capital City with


other Ministries

The Minister shall, in consultation with the Ministry responsible for urban
development and the Ministry responsible for local governments,
coordinate physical planning in the metropolitan area.

PART V-DIRECTORATES AND STAFF OF AUTHORITY

26. Executive Director

(1) There shall be an Executive Director who shall be the chief


executive of the Authority.

(2) The Executive Director shall be appointed by the President on


the advice of the Public Service Commission.
Kampala Capital City Act [Cap. 195. 7127

(3) A person shall qualify to be appointed Executive Director if he


or she is of high moral character and proven integrity, and is qualified to be
appointed a Permanent Secretary in a Government Ministry.

27.Functions of Executive Director

The functions of the Executive Director shall include the following-


(a) to be the head of the publie service in the Authority and to head
the administration of the Authority, including divisions and
wards;
(b) to be the accounting officer of the Authority;
(c) to be responsible for coordination and implementation of national
and Council policies, laws, regulations, byelaws, programmes
and projects;
(d) to advise the City Executive Committee and the Council on
Government policy;
( ) to offer technical support to the City Executive Committee in
e
preparation and presentation of the annual budget for
approval of the Council;
(f) to advise the Council on technical, administrative and legal
matters pertaining to the management of the Council;
(g) to implement lawful decisions taken by the Council;
(h) to oversee the delivery of quality services to the population
within the Capital City and take remedial action where service
delivery standards are below the expected minimum standards;
(i) to ensure proper physical planning and development control in
the urban councils;
(i) to supervise and coordinate the activities of the directorates of
the Authority and of the lower urban council;
(k) to be the custodian of all the assets and records of the Authority;
(1) to supervise and evaluate staff performance;
(m) to liaise with the Central Government and other institutions on
behalf of the Authority;
(n) to conduct the public relations of the Authority;
(o) to promote trade order;
(p) to mobilise the urban community for development and
sustainability of infrastructure and services;
(q) to be responsible for the enforcement of ordinances and byelaws
made by the Council and its lower council units;
7128 Cap. 195.] Kampala Capital City Act

(r) to be responsible to the Council, subject to the general directions


ofthe Minister;
(s) to be responsible to the Minister, on day-to-day operations; and
(t) to perform any other duties assigned by the Council or the
Minister.

28. Removal of Executive Director

The Executive Director may be removed by the President, acting on the


advice ofthe Public Service Commission for-
(a) inability to perform the functions ofhis or her office arising from
infirmity ofbody or mind;
(b) misbehaviour or misconduct;
(c) incompetence;
(d) corruption; or
(e) breach of the Leadership Code of Conduct for which the
punishment imposed includes vacation ofoffice.

29. Deputy Executive Director

(1) There shall be a Deputy Executive Director of the Authority


who shall be appointed by the President on the advice ofthe Public Service
Commission.

(2) A person appointed to be Deputy Executive Director must be


of high moral character and proven integrity and must be qualified to be
appointed a permanent secretary in a Government Ministry.

(3) The Deputy Executive Director may be removed by the President


in the circumstances specified in section 28 in respect ofthe Executive Director.

30. Directorates

For the effective operation of the Authority, the Authority shall have the
directorates described in Part A of Schedule 5 to this Act.

31. Provisions governing staff of Authority

(1) The President may, acting in accordance with the advice of the
Public Service Commission, the Health Service Commission or the Education
Kampala Capital City Act [Cap. 195. 7129

Service Commission, as the case may be, appoint persons to hold or act in
any office in the service of the Capital City of the rank of head of department
or above in positions similar or equivalent to positions in the public service,
the health service or the education service, including confirmation of the
appointments, disciplinary control over such persons, and their removal from
office.

(2) The Public Service Commission, the Health Service Commission


or the Education Service Commission, as the case may be, may appoint
persons to hold or act in service of the Capital City other than those referred
to in subsection (1), in positions similar or equivalent to positions in the
public service, the health service or the education service, including the
confirmation of their appointment, disciplinary control over such persons
and their removal from office.

(3) For the avoidance of doub t, teachers shall b e taken, for the
purposes of this section, as belonging to the education service.

(4) The terms and conditions ofpersons in the service of the Authority
shall be prescribed by the Ministry responsible for the public service.

(5) Any enactment applicable to members of the public service or


education service or health service of the Central Government shall, with
necessary modifications, apply to the relevant persons in the service of the
Authority as described in subsections (1) and (2).

32. Metropolitan police

(1) There shall be a Metropolitan Police Force for the metropolitan


area.

(2) The Metropolitan Police Force shall comprise persons appointed


under the Police Act and trained by the Uganda Police Force.

(3) The Minister may, by statutory instrument, on the recommendation


of the Police authority, make regulations for regulating the Metropolitan
Police Force.
7130 Cap. 195.] Kampala Capital City Act

PART VI-LOWER URBAN COUNCILS

Division urban councils

33. Composition of division urban councils

A division urban council shall be composed ofthe following members­


(a) a mayor ofthe division urban council;
(b) a deputy mayor ofthe division urban council;
(c) one councillor directly elected to represent an electoral area of
the city division urban council;
(d) two councillors representing the youth, one of whom shall be
female;
(e) two councillors with disabilities representing persons with
disability, one of whom shall be female;
(t) women councillors forming one-third ofthe council such that the
councillors elected under paragraphs (c), (d) and (e) shall form
two-thirds ofthe council.

34. Legislative powers of division urban councils

(1) A division urban council may, in relation to its powers and


functions, make byelaws of the urban council not inconsistent with the
Constitution, or any law enacted by Parliament, or an ordinance of the
Authority.

(2) Byelaws made under this section shall, before they are signed
by the mayor, be forwarded to the Attorney General through the Minister to
certify that the byelaws are not inconsistent with the Constitution, or any
law enacted by Parliament, or an ordinance of the Authority.

35. Mayor and deputy mayor of division urban council

(1) The mayor shall be elected by universal adult suffrage through


secret ballot at an election organised by the Electoral Commission.

(2) The deputy mayor shall be appointed by the mayor from among
the division councillors with the approval of the division urban council.

(3) A mayor and a deputy mayor shall serve on full time basis.
Kampala Capital City Act [Cap.195. 7131

(4) The office of mayor or deputy mayor of a division urban council


shall fall vacant if the holder resigns from office or accepts appointment to
a public office or dies.

(5) A mayor or deputy mayor of a division urban council may be


removed from office by two-thirds majority of the urban council.

(6) A returning officer appointed by the Electoral Commission shall


preside at a meeting of the division urban council to remove a mayor or a
deputy mayor of the urban council.

(7) Section 12(1) to (20) shall apply to the removal of the mayor or
deputy mayor of a division urban council except that-
(a) where "Chief Justice" appears it shall be substituted by "chief
magistrate"; and
(b) under section 12(5) there shall be substituted for the "Justice of
the High Court", a "magistrate not below grade I".

(8) The expenses of the tribunal and the medical board shall be met
by the relevant urban council.

36. Functions of mayor of division urban council

(1) The functions of a mayor are-


(a) to be the political head of a division urban council;
(b) to head the division urban council in developing strategies and
programmes for the development of the division urban council;
(c) to provide guidance to the ward urban councils, village urban
councils and street committees; and
(d) to liaise with the Authority on matters relating to the division
urban council.

(2) The deputy mayor shall assist the mayor in the performance of
his or her functions and shall otherwise deputise for the mayor in his or her
absence.

37. Division executive committee

(1) There shall be a division executive committee for a division


urban council which shall perform the executive functions of the council.
7132 Cap. 195.] Kampala Capital City Act

(2) A division executive committee shall consist of-


(a) the mayor, who shall be the head of the division executive
committee;
(b) the deputy mayor who shall be the vice chairperson; and
(c) three other members appointed by the mayor of the division urban
council from among the division councillors with the approval of
the division urban council, at least one of whom shall be female.

(3) The mayor shall constitute the division executive committee


during the second sitting of the council.

(4) The members of the division executive committee shall serve on


a full time basis.

38. Functions of division executive committee

A division executive committee shall-


(a) perform the executive functions of the division urban council;
(b) present the annual budget of the division urban council to the
Council; and
(c) assist the mayor in the performance of his or her functions under
this Act.

39. Speaker and deputy speaker of division urban council

There shall be a speaker and deputy speaker of a division urban council


elected from among the division councillors.

40. Election of speaker and deputy speaker of division urban council

(1) The speaker and deputy speaker of a division urban council shall
be elected through a secret ballot.

(2) A person shall not be declared elected speaker or deputy


speaker unless that person gets more than fifty percent of the votes of all
members of the Council cast in his or her favour.

(3) Where a person does not obtain more than fift y percent of the
votes cast, the elections shall be repeated between the first two persons
getting the highest votes until one of them gets more than fifty percent of
the votes.
Kampala Capital City Act [Cap. 195. 7133

(4) Where, during the election of a speaker or deputy speaker only


one person is nominated, that person shall be declared elected speaker or
deputy speaker.

(5) A chief magistrate shall preside at an election and removal of a


speaker or deputy speaker.

( 6) Except for the taking of oath of the members of the council, no


business shall be transacted in the council before the election of the speaker
at any time that the office is vacant.

41. Functions of speaker and deputy speaker of division urban council

A speaker shall-
(a) preside at all meetings of the division urban council;
(b) be charged with the overall authority for the preservation of
order in the council and ensuring the enforcement of the rules of
procedure of the council.

42. Removal of speaker or deputy speaker of division urban council


from office

(1) A speaker or deputy speaker may be removed from office by the


council by a resolution supported by not less than two-thirds of the
members of the council on any of the following grounds-
(a) abuse of office;
(b incompetence;
) misconduct or misbehaviour;
(c) such physical or mental incapacity as would render the speaker
(d) or deputy speaker incapable of performing the duties of speaker
or deputy speaker; or
(e) failure to convene two consecutive meetings of the council
without reasonable cause.

(2) The offi ce of speaker or deputy speaker of a division urban


council shall fall vacant if the holder-
(a) resigns the office in writing addressed to the division town clerk;
(b) accepts appointment to a public office; or
(c) dies.
7134 Cap. 195.] Kampala Capital City Act

43. Management of division urban councils

(1) A division urban council shall be managed by the division town


clerk.

(2) Qualifications of the division town clerk shall be as prescribed in


the Local Governments Act.

44. Division town derk

( ) The division town clerk shall be the head of the public officers of
the division council and shall be the accounting officer of the division
urban council.

(2) The division town clerk shall be responsible for-


(a) implementation oflawful decisions of the division urban council;
(b) coordination and implementation of policies of division urban
council;
(c) advising the mayor and the division urbc:in council on Government
policy;
(d) provide technical guidance in the preparation of the annual
budget for the division urban council;
(e) overseeing delivery of quality services to the population within
the area of jurisdiction of the division urban council and taking
remedic:il action where service delivery standards are below the
expected standard;
(f) ensuring adherence to proper physical planning and development
control and service standards in the Capital City;
(g) mobilising the urban community for development and
sustainability of the infrastructure and services in the division;
(h) taking decisions in consultation with the mayor and the Executive
Director when the division urban council is in recess;
(i) supervising and monitoring delivery of services to the population
within the division, including garbage collection and disposal,
beautification, trading order, maintenance of road infrastructure,
provision of public health services, environment protection and
other services provided by law;
(j) all the assets and records of the division urban council;
(k) enforcing ordinances made by the Council and byelaws made by
the division urban council; and
Kampala Capital City Act [Cap. 195. 7135

(1) report to the Executive Director on the management of the affairs


of the division urban council.

45. Removal of mayor or deputy mayor of division urban council

The mayor or deputy mayor of a division c ounc il may be removed from


office on any of the following grounds-
(a) abuse of office;
(b) incompetence;
(c) corruption;
(d) misconduct or misbehaviour;
(e) physical or mental incapacity as would render the chairperson or
vice chairperson incapable of performing his or her duties;
(t) failure to convene council meetings; or
(g) breac h of the Leadership Code of Conduc t for whic h the
punishment imposed includes vacation of office.

46. Powers of Council over division urban councils

(1) The Counc il shall have powers to veto a dec ision of division
urban councils, where the decision is inconsistent with or contravenes the
Constitution or any other law, the metropolitan development plan or policies
of Government.

(2) For the purposes of subsection (1), the town clerk shall, within
seven days from the date of a decision of the division urban council,
transmit the decision to the Council.

(3) A division urban council aggrieved by a decision of the Council


may appeal to the Minister against the decision.

(4) Upon an appeal under this section the Minister may confirm,
reverse or modify the decision of the Council and shall notify the Council
and the division urban council of his or her decision.

47.Functions which shall be devolved to division urban councils

The Authority shall, in consultation with the Central Government, devolve


the functions and services specified in Part B of Schedule 3 to this Act to a
division urban council.
7136 Cap. 195.] Kampala Capital City Act

48. Departments of division urban councils

A division urban council shall have the departments specified in Part B


of Schedule 5 to this Act.

49. Technical assistance to division urban councils

The Authority may assign technical officers or staff of the Authority to assist
a division urban council in the performance of any function of the division
urban council.

Ward urban councils

50. Composition of ward urban councils

(1) A ward urban council shall consist of all the members of the
village executive committees in the ward.

(2) A ward executive committee shall consist of­


(a) a chairperson;
(b) a vice chairperson who shall also be secretary for children
welfare;
(c) a general secretary;
(d) a secretary for information, education and mobilisation;
(e) a secretary for security and trade order;
(f) a secretary for finance, beautification and garbage management;
(g) a secretary for production and environmental protection;
(h) the chairperson of the youth council at the parish or village level,
who shall be the secretary for youth;
(i) the chairperson of the women councils at the parish or village
level who shall be the secretary for women and also the public
health coordinator; and
G) the chairperson of the organisation for persons with disabilities
at the parish level who shall be secretary for persons with
disabilities affairs.

(3) At least one-third of the executive committee members at the


ward level shall be women.
Kampala Capital City Act [Cap. 195. 7137

51. Management of ward urban councils

A ward shall be managed by a ward administrator who shall be responsible


to the division town clerk.

Village urban councils and street committees

52. Composition of village urban council

(1) A village urban council shall consist of persons of the age of


eighteen years and above, who reside in the village and who have registered
with the Electoral Commission as being willing to be members of the
village urban council.

(2) There shall be an executive committee at each village urban


council consisting of the following-
(a) a chairperson;
(b) a vice chairperson who shall also be secretary for children
welfare;
(c) a general secretary;
(d) a secretary for information, education and mobilisation;
(e) a secretary for security and trade order;
(f) a secretary for finance, beautification and garbage management;
(g) a secretary for production and environmental protection;
(h) the chairperson of the youth council at the parish or village level,
who shall be the secretary for youth;
(i) the chairperson of the women councils at the parish or village
level who shall be the secretary for women and also the public
health coordinator; and
(j) the chairperson of the organisation for persons with disabilities
at the parish level who shall be secretary for persons
with disabilities affairs.

(3) At least one-third of the executive committee members at the


village level shall be women.

(4) Notwithstanding subsection (1), a decision taken by a village


urban council is binding on all persons residing in the village.
7138 Cap. 195.] Kampala Capital City Act

53. Composition of street committee

(1) A street committee shall consist of a chairperson, vice chairperson,


secretary, treasurer and one other member.

(2) At least two of the members of a street committee shall be women.

(3) All residents who are registered as members of a village urban


council and who reside on the same street shall convene to elect a
street committee.

54. Performance of funct ions in absence of chairperson and vice


chairperson

(1) Where the chairperson and the vice chairperson of a ward, urban
council, village urban council or street committee are unable to perform the
functions of the chairperson, the assistant returning officer shall convene a
meeting of the Council of the ward, urban council, village urban council or
street committee, as the case may be, for the purpose of presiding over the
elections of the person from the Council of the ward, urban council, village
urban council or street committee to perform the functions of the chairperson.

(2) A person elected under subsection (1) shall take and subscribe
the oath before assuming office, if any, specified for that office.

(3) A person holding office on the executive committee immediately


before a person assumes the functions of the chairperson under subsection
(1) shall continue to hold office until the chairperson, the vice chairperson or
a new chairperson assumes office.

(4) A person assuming the functions of the chairperson under


subsection (1) shall not have power to fill any vacancy on the
executive committee.

55. Service on part-time basis

(1) Councillors of division urban councils shall serve on a part-time


basis.
Kampala Capital City Act [Cap. 195. 7139

(2) Members of ward and village urban council executive committees


and street committees shall serve on a part-time basis.

56. Functions which may be devolved to village urban councils and


street committees

The Authority may, in consultation with the Central Government, devolve


the functions and services specified in Part C of Schedule 3 to this Act to
village urban councils or street committees.

Meetings of lower urban councils

57. Meetings of lower urban councils

(1) The meetings of a division urban council shall be convened and


presided over by the speaker.

(2) A division urban council shall meet at least once in every three
months to discharge its functions.

(3) Meetings of ward urban council, village urban councils or street


committees shall be convened and presided over by the chairperson of the
respective lower urban council.

(4) Schedule 4 to this Act shall, with the necessary modifications


apply to meetings of lower urban councils.

PART VII-PLANNING RJNCTIONS OF KAMPALA CAPITAL


CITY

58. Capital city planning

(1) The Authority shall be responsible for the planning in the Capital
City.

(2) The Authority shall, in addition to the procedures it establishes


for itself, work according to the procedures prescribed under the National
Planning Authority Act.
7140 Cap. 195.) Kampala Capital City Act

(3) The Authority shall prepare a comprehensive and integrated


Capital City development plan incorporating plans of lower urban councils
for submission to the National Planning Authority.

(4) A division urban council within the boundaries of the Capital


City shall prepare plans incorporating plans of lower urban councils in their
respective areas of jurisdiction.

(5) For the avoidance of doubt, the functions of the Authority under
this section are limited to socio-economic planning.

59. Capital City technical planning committee

(1) There shall be a Capital City tec hnic al planning committee


chaired by the Executive Director consisting of-
(a) heads of directorates in the Authority; and
(b) any technical person co-opted by the Executive Director.

(2) The Capital City technical planning committee shall coordinate


and integrate all the directorate plans for presentation to the Council.

60. Planning units

(1) For the purposes of c arrying out the planning functions of the
Capital City under this Part, the Authority shall have a planning unit.

(2) The directorate responsible for economic planning shall constitute


the planning unit and shall be the secretariat to the Capital City technical
planning cornrnii.tee.

PART VIII-FINANCIAL AND OTHER MATIERS

61. Duty to operate in accordance with Public Finance Management


Act

In the performance of its functions under this Act, the Authority shall have
due regard to the provisions of the Public Finance Management Act.
r

Kampala Capital City Act [Cap. 195. 7141

62. Power to levy taxes

(1) TheAuthority may levy, charge, co Hect and appropriate fees and
taxe s in accordance with any law enacted by Parliament under Article 152
of the Constitution.

(2) The fees and taxes levied, charged, collected and appropriated
under this section shall consist of rent, rates, royalties, stamp duties, cess,
trading licences, fees from registration and other fees and taxes that Parliament
may by law prescribe.

(3) The Authority may collect fees and taxes on behalf of the
Government as its agent; and where the Authority acts as an agent for
the Government, a portion of the funds collected shall be retained by the
Authority as shall be determined by the Minister in consultation with the
Minister responsible for finance.

(4) Any e xtra obligation transferre d to the Authority by the


Government shall be fully financed by the Government.

(5) For the avoidance of doubt, taxes that may be levied by the
Authority include local service tax and hotel tax under the Local
Governments Act.

63. Financial year

The financial year of the Authority shall be the period of twelve months
commencing on the 1st day of July and ending on the 30th day of June of the
following year.

64. Grants to Authority

(1) The President shall, for each financial year, in accordance with
the Constitution cause to be laid before Parliament, estimates for the money
to be paid out of the Consolidated Fund as-
(a) unconditional grant in accordance with subsection (2);
(b) conditional grant in accordance with subsection (3); and
(c) equalisation grant in accordance with subsection (4).
7142 Cap. 195.] Kampala Capital City Act

(2) Unconditional grant is the minimum grant that shall be paid to


the Authority to run services in the Capital City and shall be calculated in the
manner specified in Schedule 6 to this Act.

(3) Conditional grant shall consist of money given to the Authority to


finance programmes agreed upon between the Government and the Authority
and shall be expended only for the purposes for which it was granted and in
accordance with the conditions agreed upon.

(4) Equalisation grant is the money to be paid to the Authority for


giving subsidies or making special provision for the least developed divisions
of the Capital City and shall be based on the degree to which a division is
lagging behind the national average standard for a particular service.

(5) The Authority shall indicate how conditional and equalisation


grants obtained from the Government are to be passed on to the division
urban councils of the Capital City.

(6) The proposals made under subsection (1) shall be made at the
same time as the estimates of revenue and expenditure under Article 155 of
the Constitution and shall state the sums of money that is to be paid to the
Authority.

(7) The proposals made under subsection (1) shall be included in the
Appropriation Bill as provided for in Article 156 of the Constitution.

65. Consultation with other specialised agencies of government

(1) The Authority shall seek guidance and expertise from the Local
Government Finance Commission in respect of resource mobilisation and
sharing of Central Government grants and revenue generated within the
Capital City and lower urban councils.

(2) The Authority shall, in the management of its finances and its
operations, seek guidance and technical support from other specialised
agencies and departments of Government including the Local Government
Finance Commission.
Kampala Capital City Act [Cap. 195. 7143

Accounts and audit

66. Accounts

The Authority shall keep proper books of accounts and other records in
relation to them and shall balance its accounts for each financial year and
produce statements of final accounts within three months after the end of
each financial year.

67. Aµdit

(1) The accounts of the Authority shall be audited by the Auditor


General or by an auditor appointed by the Auditor General.

(2) The Auditor General may carry out surprise audits, investigations
or any other audit considered necessary.

(3) The Auditor General shall give a report of the audited accounts
of the Authority to Parliament with copies to­
(a) the Minister responsible for finance;
(b) the Minister;
(c) the Authority or lower urban council to which the audit relates;
(d) the Kampala Capital City Public Accounts Committee;
(e) the Local Government Finance Commission;
(f) the Inspector General of Government; and
(g) the Resident City Commissioner.

68. Capital City Public Accounts Committee

(1) There shall be established for the Capital City a public accounts
committee consisting of a chairperson and four other members appointed
by the Authority on the recommendation of the Lord Mayor and with the
approval of the Minister.

(2) At least one-third of the members of the Capital City Public


Accounts Committee shall be women.

(3) A person shall not be appointed a member of the Capital City


Public Accounts Committee unless that person-
(a) is of high moral character and proven integrity; and
7144 Cap. 195.) Kampala Capital City Act

(b) is a certified public accountant.

(4) The members of the Capital City Public Accounts Committee


shall elect a chairperson from among its members.

(5) The members of the Capital City Public Accounts Committee


shall hold office for the duration of the term of the Council and are eligible
for re-appointment for one more term.

(6) Every meeting of the Capital City Public Accounts Committee


shall be presided over by the chairperson and in his or her absence by a
member elected by the members present.

(7) Three members of the Capital City Public Accounts Committee


shall form a quorum at any meeting of the committee.

(8) The office of the clerk to the Authority shall be the secretariat to
the Capital City Public Accounts Committee.

(9) The Capital City Public Accounts Committee shall examine


the reports of the Auditor General, chief internal auditor and any reports of
commissions ofinquiry and may, in relation to the reports, require the attendance
of any councillor or officer to explain matters arising from the reports.

(10) The Capital City Public Accounts Committee shall submit its
report to the Authority and to the Minister and the Minister shall lay the
report before Parliament.

(11) The Lord Mayor and the Executive Director shall implement the
recommendations of the Capital City Public Accounts Committee and report
on action taken or to be taken on the recommendations to persons prescribed
in section 67(3).

(12) The Capital City Public Accounts Committee shall have powers
to recommend to police, arrest of suspects in respect of cases involving
corruption or abuse of authority of public office.

(13) The expenses of the Capital City Public Accounts Committee are
charged on the Consolidated Fund.
Kampala Capital City Act [Cap. 195. 7145

69. Removal of member of Capital City Public Accounts Committee

(1) A member of the Capital City Public Accounts Committee,


including the chairperson, may be removed from the committee by
the Council by a resolution supported by two-thirds of the members
of the Council but may only be removed on the following grounds-
(a) abuse of office;
(b incompetence;
) misconduct or misbehaviour;
(c) failure to attend three consecutive ord inary meetings of the
(d) committee without valid reasons acceptable to the committee;
(e) inability to perform the functions of that office arising from
physical or mental incapacity; or
(f) corruption.

(2) Notwithstand ing subsection (1), the office of a member of the


Capital City Public Accounts Committee shall fall vacant if-
(a) the holder resigns in writing addressed to the Lord Mayor;
(b) the holder commits a breach of the Leadership Code of Conduct
for which the punishment imposed includes 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 has been convicted ofan 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 ofremoving a member ofthe Capital City Public
Accounts Committee under subsection ( 1) other than under subsection ( 1 )
( e ), a petition in writing by not less than one-third of the members of the
Council shall be submitted to the Lord Mayor-
(a) stating that they intend to pass a resolution of the Council
to remove the member of the Capital City Public Accounts
Committee on any of the grounds set out in subsection (1);
(b) setting out the particulars ofthe charge supportedby the necessary
d ocuments, where applicable, on which it is claimed that the
cond uct of the member of the Capital City Public Accounts
Committee be investigated for the purposes ofhis or her removal.
7146 Cap. 195.] Kampala Capital City Act

(4) For the avoidance of doubt, where a petition has been submitted
to the Lord Mayor under subsection (3), a member of the Council shall not
withdraw his or her signature supporting the petition.

(5) The Lord Mayor shall within forty-eight hours after receipt of
the petition referred to in subsection (3), cause a copy to be transmitted to
the Minister.

(6) The Minister shall evaluate the petition 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 chief magistrate or a
person qualified to be appointed a magistrate as chairperson and two other
persons all of whom shall be appointed by the Minister to investigate the
allegations.

(7) A person shall not be eligible for appointment as a member of the


tribunal unless that person-
(a) is of high moral character and proven integrity; and
(b) possesses considerable experience and demonstrates competence
and is of high calibre in the conduct of public affairs.

(8) The member of the Capital City Public Accounts Committee 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.

(9) If the tribunal determines that there is a prima facie case for the
removal of the member of the Capital City Public Accounts Committee under
subsection (1) other than subsection (1 )( d), then if the Council passes the
resolution supported by the votes of not less than two-thirds of all members
of the Council, the member of the Capital City Public Accounts Committee
shall cease to hold office.

(10) For the purposes of the removal of the member of the Capital·
City Public Accounts Committee on grounds of physical or mental incapacity
under subsection ( l)(e), there shall be submitted to the Minister a petition in
writing signed by not less than one-third of all the members of the Council-
(a) stating that they intend to pass a resolution of the Council for
the removal of the member of the Capital City Public Accounts
Committee from office on grounds of physical or mental
incapacity; and
Kampala Capital City Act [Cap. 195. 7147

(b) giving particulars of the alleged incapacity.

( 11) The Minister shall, within seven days after receipt of a petition
under subsection ( 10) cause a copy to be transmitted to the member of the
Capital City Public Accounts Committee.

(12) The Minister shall in consultation with the Medical Council,


constitute a medical board comprising three qualified medical specialists to
examine a member of the Capital City Public Accounts Committee in respect
of the alleged incapacity and to report its findings to the Council.

(13) Upon the constitution of the medical board under subsection


(12), the Minister shall, in writing within seven days, inform the relevant
member of the Capital City Public Accounts Committee, of the constitution
of the medical board.

(14) The medical board shall examine the member of the Capital
City Public Accounts Committee within fourteen days after the Minister has
informed the relevant member, of the constitution of the medical board.

(15) The member of the Capital City Public Accounts Committee


shall submit himself or herself to the medical board for examination on a
day and time determined by the board.

( 16) Where the medical board determines that the relevant member
of the Capital City Public Accounts Committee is, by reason of physical or
mental incapacity, unable to perform the functions of the office of member
of the Capital City Public Accounts Committee and the Council passes a
resolution for his or her removal supported by the votes of not less than
two-thirds of all the members of the Council, the member shall cease to hold
office.

(17) Where the medical board, after the expiration of the period of
fourteen days referred to in subsection ( 14), reports that the relevant member
has failed or refused to submit to the medical board and the Council passes
a resolution for his or her removal supported by the votes of not less than
two­thirds of all members of the Council, the member shall cease to hold
office.

(18) The Minister shall convene the Council within fourteen days
after the receipt of the report of the tribunal or medical board.
7148 Cap. 195.] Kampala Capital City Act

(19) The motion for a resolution for the removal of the member shall
be moved in the Council within fourteen days after the receipt by the Minister
of the report of the tribunal or the medical board, failure of which shall render
the resolution time barred.

(20) A person who is removed as a member of the Capital City


Public Accounts Committee is entitled to appeal to the High Court within
twenty­one days after the decision to remove him or her is communicated to
him or her, and the court may confirm or revoke the decision to remove him
or her or may make any order that the court considers just in the matter.

(21) The expenses of the tribunal and the medical board shall be met
by the Authority or the relevant urban council.

70. Internal audit

The head of the internal audit directorate shall prepare quarterly audit reports
and shall submit them to the Authority and shall give a copy to the Capital
City Public Accounts Committee.

PART IX-RESIDENT CITY COMMISSIONER

71. Resident City Commissioner

(1) There shall be for the Capital City, a Resident City Commissioner
who shall be appointed by the President.

(2) A person to be appointed a Resident City Commissioner shall be


a citizen of Uganda and qualified to be a member of Parliament.

72. Functions of Resident City Commissioner

(1) The Resident City Commissioner shall-


(a) represent the President and the Government in the Authority;
(b) c oordinate the administration of Government servic es in the
Authority;
(c) be the chairperson of the Capital City Security Committee;
(d) advise the Lord Mayor on matters of a national nature that may
affect the Authority or its plans or programmes, and particularly
the relations between the Authority and the Government;
Kampala Capital City Act [Cap. 195. 7149

(e) monitor and inspect the activities of the Authority and where
necessary, advise the Lord Mayor; and
(f) carry out such other functions as may be assigned to him or her
by the President or prescribed by Parliament.

(2) The Resident City Commissioner may-


(a) sensitise the populace on Government policies and programmes
and in so doing shall liaise with the Lord Mayor;
(b) advise the Lord Mayor to instruct the chief internal auditor to
carry out a special audit and submit a report to the Authority;
(c) draw the attention of the Auditor General to the need for special
investigation audits and submit a report to the Authority;
(d) draw the attention of the Inspector General of Government to the
need to investigation of any cases of mismanagement or abuse
of office;
(e) draw the attention of any relevant line Ministry to the divergence
from or non-compliance with Government policy by any lower
urban council within the Capital City;
(f) in consultation with the S peaker, address the Council on any
matter of national importance.

(3) The expenses of the office of the Resident City Commissioner


including salaries, allowances and pensions, shall be charged on the
Consolidated Fund.

73. Staff of office of Resident City Commissioner

(1) There shall be such number of deputy or Resident City


Commissioner representatives in the Capital City as the President may
determine.

(2) S ection 71(2) shall apply to the appointment of a Deputy or


Assistant Resident City Commissioner.

(3) The Deputy or Assistant Resident City Commissioner shall assist


the central government in carrying out the functions of the office in a specified
area of jurisdiction generally as may be determined by the President.
7150 Cap. 195.) Kampala Capital City Act

(4) There shall be such other officers and staff of the office of the
Resident City Commissioner as the Public Service Commission may, in
consultation with the Ministry responsible for the public service, determine.

74. Removal of Resident City Commissioner

The Minister may recommend to the President, the removal of a Resident


City Commissioner or a Deputy or Assistant Resident City Commissioner,
stating the grounds for the recommendation for the removal.

PART X-GENERAL

75. Member of Parliament or Minister not to hold office of Lord


Mayor, Deputy Lord Mayor or councillor in Capital City

A member of Parliament or Minister, shall not, concurrently with that


office, hold the office of Lord Mayor, Deputy Lord Mayor or councillor
in the Authority.

76. Tenure of office of Lord Mayor, Deputy Lord Mayor and councillors
of the Authority, mayor, dep uty mayor and chairp ersons and
councillors of lower urban councils and members of street
committees

(1) The Lord Mayor, Deputy Lord Mayor and other councillors ofthe
Authority, mayor, deputy mayor and chairpersons and councillors of lower
urban councils and members of street committees shall hold office for five
years after their election as councillors and shall be eligible for reelection.

(2) Where a person is elected to fill a vacancy in one of the offices


referred to in subsection (1), that person shall hold office for the remainder
of the term of office of the person who vacated the office.

77. Remuneration of members of Authority or committees

The Minister shall, in consultation with the Minister responsible for


finance and the Minister responsible for the public service, determine the
remuneration payable to the Lord Mayor, Deputy Lord Mayor and councillors
of the Authority and the mayor, deputy mayor, chairperson and councillors
of a lower urban council.
Kampala Capital City Act [Cap.195. 7151

PART XI-MISCELLANEOUS

78. Application of other enactments

(1) The Minister may, by statutory instrument, with the approval of


Parliament, modify the provisions of any enactment in its application to the
Authority or the entities existing under the Authority.

(2) Without prejudice to subsection (1)-


(a) the Local Gove rnme nts Act, shall with the necessary
modifications, apply to the Authority and to a village, ward and
division urban council under the Authority; and
(b) the Local Governments (Rating) Act shall, with the necessary
modifications apply to the Capital City.

79. Powers of Minister

(1) The Minister shall have the following powers in relation to the
Authority-
(a) to vary or re scind any de cision of the Authority which is in
contravention of any law or Government policy, with the approval
of Cabinet;
(b) where the Minister considers that the matter is of a grave nature,
to institute a commission of inquiry to inquire into the matter;
(c) to address the Council on matters of policy, national importance
or development of the Capital City;
(d) to receive and takeappropriate action on reports submitted by the
Lord Mayor, Executive Director or a commission of inquiry; and
(e) to oversee the performance of the Authority and make an annual
report to Parliament.

(2) The Minister shall have general powers to give directives on


policy and general development of the Capital City and the Authority shall
comply with the directives.

(3) The Minister may veto decisions taken by the Authority which
appear to the Minister to be illegal and where the Authority fails to perform
any of its duties, the Minister may by writing, direct the Authority to carry
out those duties.
7152 Cap. 195.] Kampala Capital City Act

(4) The Authority shall give effect to any direction given by the
Minister under subsection (3).

(5) Where, under this Act the Minister is empowered to exercise any
powers or perform any duty, the Minister may delegate that power or duty to
any person by name, or office, to exercise that power or perform the duty on
his or her behalf, subject to any conditions, exceptions and qualifications as
the Minister may prescribe.

80. Accountability for public funds

A person holding a political or public office in the Authority who directs or


concurs in the use of public funds contrary to law and to existing instructions
shall be accountable for any loss arising from that use and shall be required
to make good the loss even if he or she has ceased to hold that office.

81. Protection against court action

No act, matter or thing done or omitted to be done by-


(a) any member of the Council or division urban council or lower
urban council;
(b) any member of staff or other person in the service of the Authority;
or
(c) any person acting under the directions of the Authority,
shall, if that act, matter or thing was done or omitted to be done in
good faith in the execution of a duty or under the direction of the Authority
or any appropriate authority under this Act, render that member or person
personally liable to any civil action, claim or demand.

82. Regulations

(1) The Minister may, by statutory instrument, make regulations for


better carrying into effect the provisions of this Act.

(2) Notwithstanding the generality of subsection (1), the Minister


may make regulations-
(a) prescribing an area within the Capital City to be the central
business district;
(b) in consultation with the Electoral Commission, regulating the
election of the Lord Mayor and the Deputy Lord Mayor;
Kampala Capital City Act [Cap. 195. 7153

(c) on the re comme ndation of the Police Authority, regulating the


Metropolitan Police Force.

(3) The Minister shall, as soon as practicable after the publication


of a statutory instrument made under this section, cause the instrument to be
laid before Parliament.

(4) Regulations made under this section may prescribe, in respect of


a contravention of the regulations, that the offender is liable, on conviction,
to a fine not exceeding two hundred currency points, or to imprisonment for
a term not exceeding five years, or both.

83. Power to amend Schedules

(1) The Minister may, by statutory instrument, with the approval of


Cabinet, amend Schedule 1 to this Act.

(2) The Minister may, by statutory instrument with the approval of


Parliament, amend Schedule 2 to this Act.

(3) The Minister may, by statutory instrument, and with the approval
of Cabinet, amend Schedules 3, 4, 5 and 6 to this Act.

84. Presidential, parliamentary and local government elections

For the avoidance of doubt, this Act shall not be taken to affect any enactment
relating to presidential, parliamentary and local government elections and the
demarcation of constituencies by the Electoral Commission.
7154 Cap. 195.] Kampala Capital City Act

SCHEDULE

S Schedule 1
Sections 1, 83(1)
Currency Point

A currency point is equivalent to twenty thousand shillings.


Kampala Capital City Act [Cap. 195. 7155

Schedule 2
Sections 3(1), 83(2)
Boundaries of Kampala Capital City

Commencing at the most southerly cairn of the freehold estate known as


Crown Grant No. 13878; thence along the western and northern boundaries
of that grant for a distance of 600 feet and 771 feet respectively; thence
following the northern boundaries of the freehold estate Crown Grant No.
13880 for a distance of 397 feet, 838 feet, 1,582 feet and 610 feet respectively
to the most western cairn of the mailo estate (Final Certificate No. 9791);
thence along the northern boundary of this estate for a distance of 1,361
feet; then in a northerly direction along the western boundary of Tula mailo
estate number F.C. 9825 to the junction with the boundary of Mpererwe
mailo estate number FC 9837; thence along the eastern and nothern
boundaries of Mpererwe mailo estate to the junction with the boundary of
Kumamboga mailo estate number F.C. 15164; thence along the northern
boundary of Kumamboga mailo estate to the junction with the boundary of
Kyanja mailo estate number F.C. 19642; thence along the northern and
eastern boundaries of Kyanja mailo estate to the junction with the boundary
of Kulambiro mailo estate number F.C. 19652; thence along the northern
and eastern boundaries of Kulambiro mailo estate to the junction with the
boundary of Kiwatule mailo estate number F.C. 19651; thence along the
northern boundary of Kiwatule mailo estate to the junction with the
boundary of Kiwatule mailo estate number F.C. 7219; thence along the
northern and eastern boundaries ofKiwatule mailo estate to a markstone
number 1/1506; thence as follows-
From To Distance (feet) Bearing
1/1506 1/1508 910 153°29'
1/1508 1/1521 318' 153°17'
1/1521 1/1520 423 167°56'
1/1520 1/1540 164 167°53'
1/1540 1/1541 953 167°53'
1/1541 1/1542 888 167°31'
1/1542 1/1543 827 167°30'
1/1543 1/1544 1,197 167°51'
1/1544 1/1545 739 167°51'
1/1545 4/9210 1,057 163°16'
4/9210 4/9211 138 240°47'
4/9211 4/9212 265 237°07'
7156 Cap. 195.] Kampala Capital City Act

4/9212 4/9213 254 233°10'


4/9213 4/9214 451 229°01'
4/9214 4/9215 228 224°37'
4/9215 1/1580 396 221°40'
1/1580 1/1581 215 150°59'
1/1581 1/1582 399 150°37'
1/1582 1/1583 70 150°37'
1/1583 1/1584 819 150°43'
1/1584 1/1585 655 150°51'
1/1585 1/1586 118 150°08'
1/1586 1/1587 329 151°26'
1/1587 1/1588 594 150°48'
1/1588 8/1958 220 195°38'
8/1958 1/1589 180 195°38'
1/1589 1/1590 490 196°04'
1/1590 1/1591 663 195°55'
1/1591 1/1592 885 117°42'
1/1592 4/8955 1,825 113°44'
4/8955 4/8954 952 68°11'
4/8954 4/8953 1,056 47°35'
4/8953 4/8952 931 63°09'
4/8952 4/9995 932 48°38'
4/9995 4/9988 1,176 117°03'
4/9988 4/9989 1,513 133°52'
4/9989 4/9986 1,065 103°52'
thence on the same bearing of 103°52' for approximately 1,250 feet to a
point in the swamp; thence in generally southerly and westerly directions
at a constant distance of 600 feet from the shore of Lake Victoria and
including Kiruba Island to the confluence of the River Mayanja and
Kaliddubi swamp; thence along the thalweg of the River Mayanja,
upstream, to a markstone numbered 4/2126; thence as follows-
From To Distance (feet) Bearing
4/2126 4/2115 2,506 245°10'
4/2115 2/5268 725 255°20'
2/5268 2/5266 1,242 246°52'
2/5266 3/2858 826 257°58'
3/2858 3/2846 433 259 °56'
Kampala Capital City Act [Cap. 195. 7157

thence on a bearing of 259° 13' for a distance of 1,472 feet to a markstone


numbered 3/2849 situated at the northeastern comer of Bunamwaya mailo
estate number F.C. 18568; thence in a westerly direction along the northern
boundary of F.C. 18568 to the junction with the northeastern comer of
Bunamwaya mailo estate number F.C. 18570; thence in a northwesterly
direction along the boundary of F.C. 18570 to the junction with the
southeastern comer of Mutundwe mailo estate number F.C. 15153; thence
in a northwesterly direction along the eastern boundary of F.C. 15153 and
southwesterly along the northern boundary of F.C. 15153 to a markstone
recorded as Nalukolongo M.S.; thence in a southwesterly direction in a
straight line to the junction formed by the south side of the old Masaka
Road and the thalweg of the River Mayanja; thence in a northwesterly
direction along the thalweg of the River Mayanja to its confluence with
the River Lubigi; thence in a northeasterly direction along the thalweg of
the River Lubigi to its confluence with the River Kiwunnya; thence in a
northerly direction along the western side of the Kawala-Kazo track; thence
northerly along the western side of the Kawala-Kazo track to its junction
with Kazo­Wamala-Jinja track; thence in a generally northerly direction
along the same Kazo-Wamala-Jinja track to its junction with the track
which leads to the Muslim School situated in the freehold estate known as
Crown Grant No. 13878; thence along the northern side of this track to
the most southerly cairn of the freehold estate known as Crown Grant No.
13878, the point of commencement.
7158 Cap. 195.) Kampala Capital City Act

Schedule 3
Sections 5(2), 47, 56, 83(3)
Functions and Services of the Authority

Part A
Functions and Services for which the Authority is Responsible

1. Establish, acquire, erect, maintain, promote, assist or control, with the


participation of the citizens-
(a) fire brigade services;
(b) ambulance services;
(c) clinics, dispensaries, health and inoculation centres;
(d) cemeteries, crematoria and mortuaries and ancillary services,
and provide for the burial of bodies of destitute persons and of
unclaimed bodies;
(e) omnib us stations and related office accommodation, cafes,
restaurants, refreshment rooms and other buildings;
(f) offices, stores, workshops, depots and other b uildings for the
purposes of the Authority;
(g) public halls, libraries, art galleries and museums;
(h) slaughter houses, cold storage facilities and premises for
inspection or processing of milk, meat or hides and skins;
(i) markets and piers, jetties and landing places;
(j) botanical and zoological gardens;
(k) public baths and swimming pools;
(1) canteens, social centres, club s and hospitals, including such
facilities for employees and staff;
(m) public lavatories and urinals;
(n) pounds for stray animals;
(o) camping grounds;
(p) lairages;
(q) public weighing machines;
(r) public monuments;
(s) sanitary services for the removal and disposal of night soil,
rub b ish, carcasses of dead animals and all kinds of refuse and
effluent;
(t) water supplies outside the jurisdiction of the National Water and
Sewerage Corporation; and
(u) education, trade and technical schools.
Kampala Capital City Act [Cap. 195. 7159

2. Establish, maintain or control public parks, gardens and recreation


grounds on any land vested in the Authority and in connection with
or for the purposes of that public park, garden or recreation ground to
reserve any portion of the public park, garden or recreation ground for
any particular game or recreation or for any other specific purposes and
exclude the public from those portions and provide for their renting and
hiring to the public, clubs or other organisations.

3. Prohibit, restrict, regulate or license-


(a) the sale or hawking of wares or the erection of stalls on any street,
or the use of any part of the street or public place for the purpose
of carrying on any trade, business or profession;
(b) the depositing on any street, public place or unoccupied land of
any refuse, rubbish, derelict vehicles or any other material or
thing, and to provide for their removal and disposal;
(c) street decorations and the erection ofshelters, temporary buildings,
platfo rms, seats and other structures at any entertainment,
procession, exhibition, ceremony or display, whether in a public
place or not;
(d) the placing of banners, wires, ropes or any other impediments
over or across any street or public places;
(e) the collection of money or goods in any public place fo r any
charitable or other purpose;
(f) the public exhibition of any monstrosity, freak of nature or
abnormal person or animal;
(g) singing, dancing, drumming, the playing of musical instruments,
the production of music or the making of any noise likely to disturb
any person, or any performance for profit in any public place;
(h) the storage or stacking of firewood or other fuel;
(i) the quarrying of stone, lime, clay, murram or other material;
(j) the keeping of dogs, animals and poultry, and provide for the
seizure and destruction of ownerless, unlicensed, diseased or
dangerous dogs, and the seizure and disposal of stray
animals and poultry;
(k) billiard saloons, dance halls and other places of public
resort;(1) lodging houses;
(m) the burning of rubbish and grassland;
(n) prostitution and brothels;
(o) cinema and video halls.
7160 Cap. 195.] Kampala Capital City Act

4. Lay out and adorn any street, square or open space vested in the
Authority by the erection of statues, fountains or other structures or in
any other manner.

5. Decorate streets and public buildings, erect shelters, temporary


buildings, platforms, seats and other structures on public places.

6. Clear, level and maintain public and unoccupied land taken on lease
from a land board and to plant, trim, protect and remove flowers, trees
and shrubs in or from public places.

7. Identify streets and other public places by assigning names to them and
to cause those names to be exhibited on posts or pillars or to be painted
or otherwise exhibited on any building or other erection fronting.

8. Number or otherwise identify any buildings fronting on any street


or other public place, and cause that identification to be exhibited on
the buildings or require the owner of the building, at his or her own
expense, to cause that identification to be exhibited on a building.

9. Require the owner or occupier of any premises to remove or lower any


fence or to remove, lower or trim any tree, hedge or shrub overhanging
any street or interfering with the passage of traffic or pedestrians,
or any wires or other works or to require any owner or occupier to
perform the removal, lowering or trimming which may be necessary
for the maintenance of public safety or amenity or build and maintain
the pavement bordering his or her property to the specifications of the
Authority.

10. Require the fencing or enclosing of plots and restrict the use of barbed
wire, broken glass or any similar substance on fences and walls.

11. Preserve public decency, and prevent offences against public order
in streets and public places, and prevent damage to or defacement of
property of the public or of the Authority.

12. Prevent and extinguish fires, remove buildings in order to prevent the
spread of any fire and compensate the owner of any building removed.
Kampala Capital City Act [Cap. 195. 7161

13. Establish, maintain, hire, support or control bands and orchestras


and generally provide for musical entertainment at public places and
functions.

14. Undertake private works and services and charge and recover costs on
those private works and services and contract out public services to the
private sector.

15. At the request of the owner of the land situate within the area of
jurisdiction, construct, in such manner as the Authority may think fit,
by its servants or by contract, a foot way or pavement and to recover
the whole or any part of the cost of the construction, including the
cost of supervision, plant, machinery and tools from the owner in the
manner the Authority may think fit.

16. Sell all bi-products resulting from the carrying on, by or on behalf of
the Authority, of any works or services.

17. Promote publicity for the Authority.

18. Promote schemes of housing, health, education and road safety


sensitisation.

19. Make provision for the return of destitute persons to their homes.

20. Arrange for the insurance of all assets of the Authority against financial
risks of any kind to which the Authority may be subjected.

21. Lay out land and provide and maintain necessary public services.

22. Subject to the Constitution, sell or lease any plots of land or any
buildings on the land.

23. Aid and support, whether by the grant of money or otherwise, the
establishment and maintenance of schools, hospitals, libraries, art
galleries, museums, musical or scientific institutions, homes for the
aged, destitute, persons with disabilities, or for the orphans.

24. Provide bursaries to assist in the education of thP. r.hilrlrPn n-f nPrMn<'
7162 Cap. 195.] Kampala Capital City Act

philanthropic, welfare and youth organisations; and to other


local authorities or public bodies.

25. Provide-
(a) gowns, chains and badges of office for councillors and officers of
the Authority;
(b ) b adges, medallions or scrolls for presentation to persons who
have given meritorious service to the Authority; and
(c) floral tributes in memory of councillors, officers of the Authority
and persons of note.

26. Obtain and protect armorial bearings.

27. Regulate, control, manage, administer, promote or license any of the


things or services which the Authority is required or empowered to do
and estab lish, maintain, carry on, control, manage or administer, and
prescribe forms in connection therewith; and fix fees or charges to be
made in respect thereof.

28. With the consent of a neighb ouring local government, render advice
and assist to control development and to administer town and country
planning schemes in any area within an agreed distance from the
boundaries of its jurisdiction.

29. Provide, control and manage the following services-


(a) sporting and recreational facilities and programmes of informal
education for b oth adults and young people, including the
provision and running of community centres;
(b) the development of social work among adults;
(c) remedial social welfare programmes aimed at the alleviation of
social distress;
(d) the welfare of children;
(e) public vehicle parking.

30. Initiate and contract twinning arrangements with international local


governments or local authorities in consultation with the Minister.

31. Any other function or service incidental to the foregoing.

32. Any other function not reserved for the Government.


Kampala Capital City Act [Cap. 195. 7163

33. Payment of salaries for all establishment staff, and this function shall
not be devolved to a lower urban council.

34. Organise and manage traffic.

35. Promote economic development.

PartB
Section 47
Functions and Services to be Devolved by the Authority to Division
Urban Councils
1. Division council expenses
2. Poverty eradication
3. Administration of licences
4. Health education and visiting
5. Vector and vermin control and management of solid waste
6. Secondary drains
7. Curative services (clinics)
8. Immunisation
9. Food and drug inspection
10. AIDS education
11. Administration of markets
12. Control of development-enforcement of building rules
13. Primary and nursery education
14. Monitoring the utilisation of grants to schools
15. Grass cutting and maintenance of parks
16. Road sweeping
17. Repair of murram and earth roads
18. Environment care and protection
19. Neighbourhood structure plans
20. Local land management
21. Resolving local land issues
22. Assist the Metropolitan Police Force in law enforcement
23. Welfare and community services
24. Agriculture and veterinary extension services
25. Youth, persons with disabilities, women and sports
26. Cooperative societies and groups
7164 Cap. 195.] Kampala Capital City Act

29. Any other service imposed by Parliament or agreed upon between the
division

PartC
Section 56
Functions and services to be devolved by the Authority to village
urban councils and street committees

Functi ons and servi ces to be devolved by the Authori ty to vi llage


urban councils and street committees-
(a) monitoring the delivery of services within its area ofjurisdiction;
(b) assisting in the maintenance of law, order and security and trade order;
(c) drawing the attention of the city division to any matter that rouses their
concern or interest;
(d) mobilising the residents to undertake self-help community projects;
(e) assisting the city division in mobilising the residents to pay local taxes;
(f) registering the residents in their area of jurisdiction; and
(g) assist in the maintenance of cleanli ness, beauti ficati on, protection of
streetlights and garbage skips.
Kampala Capital City Act [Cap. 195. 7165

Schedule 4 Meetings
Sections 19, 57(4), 83(3)
of Council

1. Meetings of Council

(1) The Speaker shall convene every meeting of the Council at a time
and place as the Council may determine, and the Council shall meet for the
discharge of business at least once in every three months.

(2) The Speaker may, at any time, convene a special meeting of the
Council and shall also call a meeting within fourteen days, if requested to
do so in writing by one-third of the members of the Council.

(3) Notice of a meeting of the Council shall be given in writing to each


member at least fourteen working days before the day of the meeting.

(4) The Speaker shall preside at every meeting of the Council.

2. Quorum

(1) The quorum for a meeting of the Council shall be one-half of all
members of the Council.

(2) All decisions at a meeting of the Council shall be by a majority


of the votes of the members present and voting and in case of an equality of
votes, the person presiding at the meeting shall have a casting vote in
addition to his or her deliberative vote.

3. Minutes of meetings

(1) The Executive Director shall cause to be record ed and kept,


minutes of all meetings of the Council in a form approved by the Council.

(2) The minutes recorded under this paragraph shall be submitted


to the Council for confirmation at its next meeting following that to which
the minutes relate and when so confirmed, shall be signed by the Speaker
and at least one councillor in the presence of the members present at the
latter
7166 Cap. 195.] Kampala Capital City Act

4. Common seal of Authority

The common seal of the Authority shall be in a form determined by


the Council.

5. Power to co-opt

(1) The Council may invite any person who, in the opinion of the
:ouncil, has expert knowledge concerning the functions of the Authority, to
tttend and take part in the meetings of the Council.

(2) A person attending a meeting of the Council under this section


nay take part in any discussion at the meeting on which his or her advice is
equired but shall not have any right to vote at that meeting.

,. Validity of proceedings not affected by vacancy

'he validity of any proceedings of the Council or a committee of the


Council hall not be affected by a vacancy in its membership or by any
defect in the ppointment or qualification of a member or by reason that
a person not ntitled, took part in its proceedings.

Disclosure of interest of members

(1) A member of the Council who is in any way directly or indirectly


terested in a contract made or proposed to be made by the Council, or in
1y other matter which falls to be considered by the Council, shall disclose
e nature of his or her interest at a meeting of the Council.

(2) A disclosure made under subparagraph (1) shall be recorded in


e minutes of that meeting.

(3) A member who makes a disclosure under subparagraph (1) shall


t­ be present during any deliberation of the Council with respect to
(a)
that matter; or
(b) take part in any decision of the Council with respect to that matter.
Kampala Capital City Act [Cap. 195. 7167

(4) For purposes of determining whether there is a quorum, a member


withdrawing from a meeting or who is not taking part in a meeting under
subparagraph (3) shall be treated as being present.

8. Service of documents

A notice or other document may be served on the Authority by delivering it


to the office of the Executive Director, or by sending it by prepaid registered
post addressed to the Executive Director.

9. Council may regulate its procedure

Subject to this Act, the Council may regulate its own procedure or any other
matter relating to its meetings.

10. Duties of councillor

(1) A councillor shall-


(a) maintain contact with the electoral area, and consult the people
on issues to be discussed in the Council where necessary;
(b) present views, opinions and proposals to the Council;
(c) attend sessions of the Council and meetings of committees or
subcommittees of which he or she is a member;
(d) appoint at least a day in a given period for meeting the people in
his or her electoral area;
(e) report to the electorate the general decisions of the Council and
the actions it has taken to solve problems raised by the residents
in the electoral area;
(f) bring to bear on any discussion in the Council the benefit of his
or her skill, profession, experience or specialised knowledge;
(g) take part in communal and development activities in his or her
electoral area and the Capital City.

(2) A councillor shall, in the discharge of his or her duties, have


due regard to the national and interests, the interests of the people in the
metropolitan area and the electoral area.
7168 Cap. 195.] Kampala Capital City Act

11. Freedom of speech in proceedings

There shall be freedom of speech, debate and proceedings in the Council


and that freedom shall not be impeached or questioned in any court,
tribunal or place out of the Council.

12. Unqualified persons sitting or voting in Council

Any person who sits or votes in the Council after his or her seat has
become vacant or after he or she has become disqualified from sitting or
voting in the Council, knowing or having reasonable grounds for knowing
that he or she is disqualified, or that the seat has become vacant, as the case
may be, commits an offence and is liable, on conviction, to a fine not
exceeding twelve currency points or to imprisonment for a term not
exceeding six months, or both.

7
Kampala Capital City Act [Cap. 195. 7169

Schedule 5
Sections 30, 83(3)
Directorates ofAuthority and Departments of Division Urban Councils

PartA

1. Directorates ofAuthority

(1) The Authority shall have the following directorates­


(a) Administration and Human Resources Management;
(b) Treasury Services;
(c) Engineering and Technical Services;
(d) Public Health and Environment;
(e) Education and Social Services;
(f) Legal Affairs;
(g) Revenue Collection;
(h) Gender, Community Services and Production;
(i) Internal Audit; and
(j) Physical Planning.

(2) Each directorate shall be linked to and shall be overseen by a


standing committee of the Council.

(3) The Authority shall determine the functions of each directorate


of the Authority.

2. Directorate of revenue collection

(1) The directorate of revenue collection shall be trained and shall


seek technical guidance from the Uganda Revenue Authority.

(2) The local revenue collected shall be put in a special revenue


account and may be appropriated by the Council in accordance with the
Authority's budget procedures.

PartB

3. Departments under division urban councils

The division urban council shall have the following-


7170 Cap. 195.] Kampala Capital City Act

(a) Administrative and human resource management;


(b) Finance;
(c) Public health and environment;
(d) Education and social services;
(e) Gender, community services and production; and
(f) Internal audit.

Schedule 6
Sections 64(2), 83(3)
Unconditional Grant

Unconditional grant is the minimum amount to be paid to the Authority to


run the decentralised services. For a given financial year, this amount is
equal to the amount paid to the Authority in the preceding financial year
for the same items adjusted for general price changes plus or minus the
budgeted �ost of running added or subtracted services; calculated in
accordance with :he following formula-
Y1 Yo+ bYo+Xl
( l+b)Yo+Xl
Vhere-
r1 is the minimum unconditional grant for the current financial year;
'o is the minimum unconditional grant in the preceding financial year;
is the percentage change, if any, in the general price levels in
the preceding financial year; and
1 is the net change in the budgeted cost of running added and subtracted
services in the current year.
>r the purposes of this formula, the current financial year shall be taken to
mmence with financial year 2007/08.
Kampala Capital City Act [Cap. 195. 7171

History: Act 1/2011; S.I. 8/2011; Act 1/2020; Act 15/2021

Cross References

Constitution
Local Governments Act, Cap. 138
Local Governments (Rating) Act, Cap. 140
National Planning Authority Act, Cap. 202
Police Act, Cap. 324
Public Finance Management Act, Cap. 171

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