KLR WEEKLY e-NEWSLETTER
 

| Issue 096| Newsletter Archive | Friday 12th March 2010 |

 
   
 
 
CASE OF THE WEEK
 

COMPANY ORDERED TO DESTROY GOODS FOR INFRINGEMENT OF TRADE MARK
By Andrew Halonyere – Advocate
March 15, 2010.

 “There was ample evidence from both Plaintiff witness and Defendant witness that the two sets of brushes seemed quite alike. These two witnesses were not ordinary people in the market place, and if they could be so deceived then, the ordinary person in the market place could be even more deceived by the Defendant’s brushes which could pass for the brushes of the Plaintiff”.

L.G HARRIS & CO LTD v L.G HARRIS (EAST AFRICA) LTD [2010 eklr]
HIGH COURT OF KENYA
R.N SITATI .J

FEBRUARY 24, 2010

On February 24, 2010 the High Court issued an injunction against L.G Harris & Co. (East Africa) Limited from manufacturing any product bearing the trade name “Harris”. The company was also ordered to change its trading name within six months from the date of the judgment so as to remove the name “L.G Harris” (the plaintiff) because it was in effect an infringement of the plaintiff’s trademark.

The plaintiff’s claim arose out of a trademark licence agreement under which the plaintiff agreed to grant to the defendant, exclusive use of its trademark “Harris” within the East African region, in consideration of royalty payments.  The plaintiff averred that defendant failed to remit the royalties as agreed and thus was in breach of the agreement. As a result of the breach the plaintiff terminated the licence agreement in 1994. Subsequently the registration of the licence with the Registrar of Trademarks was cancelled in 1996.

The plaintiff averred that despite the termination of the licence agreement and the cancellation of the registration of the trademark, the defendant continued to manufacture, sell and use the trademark in a manner calculated to pass off the products as those of the plaintiff.
The plaintiff submitted that the defendant’s use of the word “Harris” on its paint brushes resembled the plaintiff’s registered trade mark “Harris” and that the resemblance of the two was so close that it was likely to lead to deception or cause confusion in the course of trade.  It was further submitted that the registration of a trade mark conferred the exclusive rights to the use of a trade mark and that since such a right was statutory, infringement of the trade mark, was a tort of strict liability.

           In addition the plaintiff pointed out that the defendant’s witness admitted that the paint brushes produced in court looked similar to the naked eye, were of the same size and indicated the name “Harris”.  The court was urged to make a finding that the plaintiff had discharged its burden of proof and had proved its claim on a balance of probability, that its’ trade mark had been infringed and that goods were passed off by the defendant as being those of the plaintiff and finally to enter judgment against the defendant .

In a bid to rebut the plaintiffs claim, the defendant submitted that the paint brushes which were manufactured by the defendant had a label which clearly showed that they were manufactured by L.G. Harris (East Africa) Limited and that the label did not have the trade mark “Harris” on the handle. The defendant argued that the mere identification of a manufacturer does not amount to exhibiting a trade mark.  In addition the defendant contended that it was merely complying with the requirement of the Kenya Bureau of Standards (KEBS) which required that products should bear the manufacturers name or recognized trade mark if any, the size of the brush , the grade of the brush  and the declaration “Made in Kenya” .

          The defendant went on to state that the plaintiff had not placed sufficient evidence before the court to demonstrate that the defendant was passing off its goods as those of the plaintiff.  Relating to the admitted fact by its witness, that the paint brushes manufactured by both parties were of the same colouring , the defendant stated  that the similarity was a requirement of the law about which the defendant could do nothing about.  

          The defendant told the court that the Plaintiff had completely failed to prove that the goodwill and reputation of the “HARRIS” trade mark were at stake, more so when the plaintiff company had sold its Kenyan concern in Kenya and left the manufacture of the brushes in Kenya to the defendant company. Finally the court was reminded that the plaintiff had admitted that it had come into the Kenya market some 18 months before its witness testified while the defendant had manufactured the paint brushes for at least 10 years. In addition the defendant company had built the name that was now well known within the Kenyan market.

          Presiding over the case, Lady Justice Ruth Sitati considered the submissions by both parties. She commenced her decision by observing that the first principle to be applied in the instant case was that the plaintiff had to establish a goodwill or reputation that attached to the goods and services with an identifying mark. The court was of the opinion that the evidence confirmed that the Plaintiff’s trade mark “Harris” had been registered in 1970. This trademark was to be used by the defendant under the user agreement which was cancelled when the defendant failed to pay royalties to the plaintiff. The judge found overwhelming evidence from the witnesses produced by both parties. The witnesses testified that the two sets of brushes seemed quite similar. Lady Judge Sitati stated that the two witnesses were not ordinary people in the market place. If they could be so deceived then, the ordinary person in the market place was more likely to be deceived by the defendant’s brushes which could pass for the brushes of the Plaintiff.

It was therefore the court’s finding that the plaintiff had suffered and was likely to continue suffering damages by reason of the erroneous belief engendered by the defendant’s misrepresentation that the paint brushes manufactured by the defendant had the same source as those brushes that were manufactured by the Plaintiff.

          In addition to the injunctive orders and an order to change its name, the plaintiff was ordered by the court to destroy upon oath all products bearing the “HARRIS” trade mark. The court made and issued an order for an enquiry as to damages or at the Plaintiff’s option an account of  profits and payment of all sums found due upon taking such enquiry or account.

Download Full Text of This Judicial Opinion

 

 

SELECTED NOTICES FROM THE KENYA GAZETTE
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SPECIAL ISSUE Vol .CXII –No 22 Dated March 5, 2010

GAZETTE NOTICE NO. 2424
THE STATE CORPORATIONS (Cap. 446)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the appoint-

FRANCIS OLE KAPARO

To be the Chairman of the National Environment Management Authority Board, for a period of four (4) years. The appointment of Dorcas Berly Otieno (Dr.), has been revoked.

Dated the 3rd March, 2010.

MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 2425
THE STATE CORPORATIONS ACT (CAP. 446)
THE KENYA POWER AND LIGHTING COMPANY

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, 1, Mwai Kibaki, President and Commander-in-Chief of the  Armed Forces of the Republic of Kenya, appoint-

ELIAZAR OCHIENG OCHOLA

To be the Chairman of the Kenya Power and Lighting Company, for a period of three (3) years.

Dated the 4th March, 2010.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 2426
THE POLICE ACT (Cap. 84)

ESTABLISHMENT OF A POLICE POST

IN EXERCISE of the powers conferred by section 2 of the Police Act, the Commissioner of Police appoints –

MAZIWA POLICE PATROL BASE

In Kasarani District, within Nairobi Province (Map Reference No. M/R BJ 369744), to be a police post with effect from 22nd February, 2010.

Gazette Notice no. 1931 of 2010, is revoked.

Dated the 5th March, 2010.

M.K. ITEERE
Commissioner of Police

GAZETTE NOTICE NO. 2427
THE AUCTIONEERS ACT (No. 5 of 1996)

APPOINTMENT

IN EXERCISE of the powers conferred by section 3 of the Auctioneers Act, the Chief Justice appoints

James Onyango Josiah,
Geoffrey Kang’ethe,
John Gitau Kimani,
Henry Ongicho,
John Wanyela,
David Githere,

to be members of the Auctioneers Licensing Board, with immediate effect.

The appointment* of D.K. Kariuki, B.K. Sila and Dick Anyul, is revoked.

Dated the 27th  January, 2010.

J.E. GICHERU
Chief Justice.

*G.N. 519/2007

Gazette Notice Vol. CXII- No. 24 Dated March 12,2010

GAZETTE NOTICE NO. 2429
THE RATING ACT(Cap. 267)
THE COUNTRY COUNCIL OF KAKAMEGA

APPOINTMENT OF VALUER

IN EXERCISE of the powers conferred by section 7 of the Rating Act, the Deputy Prime Minister and Minister for Local Government approves the appointment of.

Daniel .M. Kibuchi

As valuer to prepare the Draft Valuation Roll for County Council of Kakamega  

Dated the 3rd March, 2010.

MUSALIA MUDAVADI
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 2431
THE VALUATION FOR RATING ACT(Cap. 266)
THE COUNTRY COUNCIL OF KAKAMEGA

TIME OF VALUATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for Local Government gives approval to the Town Council of Kakamega’s Resolution under Min. No. FS&GPCM/36/02/2010 as follows:

“That the time of valuation for the County Council of Kakamega’s Valuation Roll shall be 31st December, 2009”.

Dated the 3rd March, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NTOICE NO. 2432
THE VALUATION FOR RATING ACT (Cap. 266)
THE COUNTY COUNCIL OF KAKAMEGA

DECLARATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for Local Government declares that “valuer in preparing any Draft Valuation Roll or Draft Supplementary Valuation Roll, need neither value nor include in the roll the value of the land or the assessment for improvement rate, as required by paragraphs (c) and (e) respectively of this section”.

Dated the 3rd March, 2010

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 2433
THE HIGHER EDUCAION LOANS BOARD ACT
(No. 3 of 1995)

APPOINTMENT

IN EXERCISE of the powers conferred by section 5 (1) of the Higher Education Loans Board Act, 1995, the Minister for Higher Education, Science and Technology appoints-

BENJAMIN C CHEBOI

To be Secretary of the Higher Education Loans Board, for a period of three (3) years, with effect from 1st April, 2010.

Dated the 2nd March, 2010.

SALLY KOSGEI,
Minister for Higher Education,
Science and Technology

GAZETTE NOTICE NO. 2434
THE UNIVIERSITIES ACT (Cap. 210B)

APPOINTMENT

IN EXERCISE  of the powers conferred by section 5 (1) of the Universities Act, the Minister for Higher Education, Science and Technology appoints –

EVERETT M. STANDA (PROF.)

To be Secretary of the Commission for Higher Education, for a period of two (2) years, with effect from 1st April, 2010.

Dated the 2nd March, 2010.

SALLY KOSGEI,
Minister for Higher Education,
Science and Technology

GAZETTE NOTICE NO. 2435
THE SOUTH EASTERN UNIVERSITY COLLEGE ORDER
(L.N. 102 of 2008)

APPOINTMENT

IN EXERCISE of the powers conferred by section 8 (1) of the South Eastern University College Order, 2008. The Minister for Higher Education, Science and Technology appoints –

GEOFFREY M. MULUVI

to be Principal of the South Eastern University College, for a period of five (5) years, with effect from 1st March, 2010.

Dated the 2nd March, 2010.

SALLY KOSGEI,
Minister for Higher Education,
Science and Technology

GAZETTE NOTICE NO. 2600
THE HIGH COURT OF KENYA
EASTER

VACATION, 2010

THE  Easter Vacation of the High Court of Kenya, other than in the Coast Province, shall commence on 25th March, 2010 and terminate on 13th April, 2010 both days inclusive.

The Easter Vacation of the High Court in the Coast Province shall commence on 27th March, 2010 and terminate on 13th April, 2010 both days inclusive.

During this period, trials in criminal appeals will take place as usual.

A Judge will hear urgent civil matters if admitted to hearing on application made in accordance with the rules of the court.

During the vacation, the offices of the High Court, elsewhere than at the Coast Province, shall be open to the public from 8.45 a.m. to 12 noon on all weekdays. The offices of the High Court at Mombasa and Malindi, shall be open to the public from 8.00 a.m. to 12.30 p.m on all weekdays.

All courts shall be closed on public holidays.

All courts and offices of the Chief Magistrate, Senior Principal Magistrate, Principal Magistrate, Senior Resident magistrate, Resident magistrate, Kadhis and District Magistrate will be open during the usual hours for the Government Department in each province.

Criminal cases will, in all Subordinate Courts, be heard as usual. Civil suits and civil matters of an urgent nature or those in which advocates are not engaged may be heard in these Courts if convenient.

Dated the 2nd March, 2010.

L.A ACHODE,
Registrar,
High Court of Kenya, Nairobi

GAZETTE NOTICE NO. 2603
THE RECORDS DISPOSAL (COURTS) RULES
(Cap. 14, Sub Leg)
IN THE CHIEF MAGISTRATE’S COURT AT KITALE

INTENDED DESTRUCTION OF COURT RECORDS

IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Chief Magistrate’s Court at Kitale, intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Chief Magistrate’s Court at Kitale as set out below:

Criminal cases               

2002-2005

Traffic cases                            

2002-2005

Civil cases                                 

1983-1998

A Comprehensive list of all condemned records that qualify to be disposed under the Act can be obtained and perused at the Chief Magistrate’s Court Registry, Kitale.

Any Person desiring the return of any exhibit in any of the above cases must make his/her claim within the time stipulated in this publication should do so before the expiry of the notice.

All exhibits to which no claim is substantiated before the destruction of the records shall under section 4 be deemed to be part of the records for the purposes of destruction.

Dated the 12th February, 2010.

E.N. MAINA,
Chief Magistrate, Kitale

GAZETTE NOTICE NO 2604
THE RECORDS DISPOSAL (COURTS) RULES (Cap. 14, Sub. Leg.)
IN THE CHIEF MAGISTRATE’S COURT AT MAKADARA

INTENDED DESTRUCTION OF COURT RECORDS

IN ACCORDANCE  with Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Chief Magistrate’s Court at Kitale, intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Chief Magistrate’s Court at Makadara, Nairobi, as set out below:

Inquest

2003-2005

Miscellaneous

2003-2005

Criminal

2003 -2005

Traffic

2003-2006

Petty criminal cases

2003-2006

A comprehensive list of all condemned records that qualify to be disposed under the Act can be obtained and perused at the Chief Magistrate’s Court Registry, Makadara.

Any person desiring the return of any exhibit in any of the above cases must make his/her claim within the time stipulated in this publication should do so before the expiry of the notice.

All exhibits to which no claim is substantiated before the destruction of the records for the purposes of destruction.

Dated the 22nd February, 2010.

M.M. MUYA,
Chief Magistrate, Makadara

GAZETTE NOTICE NO. 2615
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED DEVELOPMENT OF OFFICE/COMMERCIAL BLOCK ON L.R. NO. 209/12386 ALONG KENYA ROAD IN UPPER HILL AREA

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed office/commercial block.

The proposed development will comprise offices, 207 capacity car park, restaurant, shopping area, shops, hall of fame, exhibition museum, information centre passage, water storage tanks and washrooms. It will be one block that will consist of 16 floors and a basement of four floors for parking.

The project is located on L.R. Number 209/12386 along Kenya Road in Upper Hill Area within the City of Nairobi.

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  3. Provincial Director of Environment, Nairobi Province.
  4. District Environment Office, Nairobi West  District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

B.M. LANGWEN,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO. 2616
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED EXPANSION OF THE CENTRE FOR MATHEMATICS, SCIENCE AND TECHNOLOGY EDUCATION IN AFRICA (CEMASTEA) ON L.R. NO. 1160/224, KAREN, NAIROBI

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed expansion of the existing training centre capacity. 

    1. The proposed development involves construction of:
    2. One storey reinforced concrete administration building;
    3. Two winged single storey and one storey reinforced concrete laboratory and lecture building;
    4. Single storey reinforced concrete dining hall;
    5. Single storey reinforced concrete transformer room, electrical room (transformer, generator and distribution panel room) and pump room. 

The CEMASTEA site is located on L.R. NO 1160/224 in the Karen suburb of Nairobi.

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi.
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521, Nairobi.
  3. Provincial Director of Environment, Nairobi Province.
  4. District Environment Office, Nairobi West District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

A.M. KARIUKI,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO. 2617
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED SUKARI INDUSTRIES LIMITED IN NDHIWA DISTRICT

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed Construction of Sukari Industries
.
The proposed development involves construction of sugar processing industry which will deal on purchase of sugarcane from various farmers, crushing the sugar cane to produce juice which will undergo several steps/processs which include; Juice treatment, screening, Heating, Clarification, Filteration, Evaporation, Sulphitation, Crystallization, Centrifuging, Drying, De-dusting and finally bagging.

The site is located on L.R. Plot NO. West Nyokal/Kanyikela/1511 and 1512 in Nguku Sub-location, South Kanyikela Location, Ndhiwa District, Nyanza Province.

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  3. Provincial Director of Environment, Nyanza Province.
  4. District Environment Office, Homa Bay District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

A.M. KARIUKI,
For Director- General, National Environment Management Authority.

GAZETTE NOTICE NO. 2618
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED DEVELOPMENT OF WAASO SERVICE STATION ON PLOT T165 IN HABASWEIN TOWN

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed development of a Petrol Station. 

The proposed project will entail development of a service station comprising of a filing station, a convenience store and a restaurant on parcel registered as Habaswein T165 situated in Habaswein town of North Eastern Province, along Bakore-Habaswein road, on the Eastern side of Habaswein town.

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521, Nairobi.
  3. Provincial Director of Environment, North Eastern Province.
  4. District Environment Office, Nairobi Garissa District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

A.M KARIUKI ,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO. 2619
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED G 4 INDUSTRIES LIMITED KENYA OIL SEED FARMING PROJECT IN L.R. NO 13600 GARSEN AREA, TANA DELTA DISTRICT

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed establishment of Oil Seed Farming Project.

The proposed development will be located in LR. No 13600 along Malindi to Garsen Road in Garsen area of Tana Delta District of Coast Province. The project will cover an approximate area of 28,911 hectares to be leased from the management of Wachu Ranch. The main features of the proposed project are as follows:

  1. An initial nitrogen fixing groundnut crop.
  2. Crambe crop production.
  3. Castor Crop production.
  4. Sunflower crop production.
  5. Factory for oil processing.
  6. Social amenities and benefits

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  3. Provincial Director of Environment, Coast  Province.
  4. District Environment Office, Malindi  District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

A.M. KARIUKI,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO. 2620
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED LIQUIFIED PETROLEUM GAS (LPG) FILLING PLANT ON PLOT L.R. NO 209/8809, ALONG SHIMO LA TEWA ROAD, INDUSTRIAL AREA, NAIROBI

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed LPG filing plant and wholesale outlet.

The proposed project involves the installation of one storage tank, Cylinder filing shed, loading/offloading bay and related offices.

The project is located on L.R. Number 209/8809 along Shimo la Tewa road within the environs of the Industrial area, Nairobi.

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  3. Provincial Director of Environment, Nairobi Province.
  4. District Environment Office, Nairobi East  District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.
A.M. KARIUKI,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO. 2621
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED INSTALLATLION OF DRY CELL ASSEMBLY COMPANY ON PLOT L.R. NO 20753/2 OFF NORTH AIRPORT ROAD, EMBAKASI, NAIROBI
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed office/commercial block.

The proposed development involves installation of machines and equipments for the assembly of dry cell batteries. Other activities will involve labeling, packaging, storage and dispatch of the finished products. The proposed facility will not be involved in the direct manufacture of the dry cell batteries but will assemble various components all manufactured/sourced from china 

The proposed dry cell assembly company is located on L.R. No. 20753/2, in Embakasi area, to the East of Nairobi City.

The project anticipates the impacts and mitigation measures set out in the gazette.

The full report of the proposed project is available for inspection during working hours at:

  1. Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
  2. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  3. Provincial Director of Environment, Nairobi Province.
  4. District Environment Office, Nairobi East District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

A.M. KARIUKI,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO. 2623
THE LOCAL GOVERNING ACT(Cap. 265)
THE COUNTY COUNCIL OF KILIFI

APPROVAL OF BY-LAWS 2009

IN EXERCISE of the powers conferred by section 205 of the Local Government Act, notice is hereby given that the revised and updated County Council of Kilifi by-laws 2009, have been approved by the Deputy Prime Minister and the Minister for Local Government as required under section 204 of the Local Government Act. The By-laws 2009 specified in the gazette shall have full force of the law within the County Council of Kilifi area of Jurisdiction from the date of this publication.
Dated the 11th March, 2010.

LEBOO OLE MORINTAT,
County Clerk,
Country Council of Kilifi.

SUPPLEMENT No. 8
Legal Notice no.

The National Assembly and Presidential Elections Act – Extension of
Period for the Issue of Writs – Matuga Constituency

SUPPLEMENT NO. 9
Bills 2010
The Counter-Trafficking in Persons Bill, 2010

SUPPLEMENT NO 10
Bills 2010
The Prevention of Organised Crime Bill, 2010

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