Section 97, The Local Government Act, 2004

(1) The Ministry shall inspect and monitor the activitiesof every local council to ensure that it acts within the scope of this Act or any other relevant enactment. (2) A local council shall provide the Ministry with such documents as may be needed by the Ministry in the inspection and monitoring of the activities of the council. (3) Subject to any other enactment, an authorised person carrying out the inspection shall have powers– (a) to enter and inspect the premises or property of any Council as may be relevant to the inspection; (b) to inspect books of accounts, records, stores, and any other documents and require any person to produce any documents or item connected with the inspection and where necessary retain any document or item connected with the case being investigated; or (c) to look into any matter on his own initiative or upon complaint made to him by any member of the public, whether or not that person has personally suffered any injustice by reason of that matter. (4) If the Ministry finds that a local council is not performing adequately within its areas of responsibility, it shall decide– Ward inspect and monitor local (a) the reason for the default; (b) how the default can be rectified; (c ) the type of action or intervention that is needed; and (d) on any support or capacity building that must be given to the council to strengthen its management in order for the council to exercise its functions and powers properly. (5) The Ministry may, for the purpose of rectifying the default in writing direct or advice the local council to perform such of its functions in such manner and within such time as it may specify. (6) Where the local council does not have the capacity to rectify the default, the Ministry shall undertake the functions on the Council’s behalf and take immediate steps to develop the necessary capacity of the council and may for this purpose consult any Government Ministry or Department. (7) Where a local council fails or refuses to rectify a default within ninety days, the Minister may reduce or withhold any grants or funds due to the local council until the Minister is satisfied that the function or service will be provided adequately. (8) The Minister shall communicate any action taken under subsection (1) and the reason for such action to the people in the locality.