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| Issue 096| Newsletter Archive | Friday 12th March 2010 | |
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COMPANY ORDERED TO DESTROY GOODS FOR INFRINGEMENT OF TRADE MARK “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] 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. |
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SPECIAL ISSUE Vol .CXII –No 22 Dated March 5, 2010 GAZETTE NOTICE NO. 2424 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, ![]() GAZETTE NOTICE NO. 2425 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, ![]() GAZETTE NOTICE NO. 2426 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 ![]() GAZETTE NOTICE NO. 2427 APPOINTMENT IN EXERCISE of the powers conferred by section 3 of the Auctioneers Act, the Chief Justice appoints James Onyango Josiah, 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 ![]() *G.N. 519/2007 Gazette Notice Vol. CXII- No. 24 Dated March 12,2010 GAZETTE NOTICE NO. 2429 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 ![]() GAZETTE NOTICE NO. 2431 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, ![]() GAZETTE NTOICE NO. 2432 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, ![]() GAZETTE NOTICE NO. 2433 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, ![]() GAZETTE NOTICE NO. 2434 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, ![]() GAZETTE NOTICE NO. 2435 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, ![]() GAZETTE NOTICE NO. 2600 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, ![]() GAZETTE NOTICE NO. 2603 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:
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, ![]() GAZETTE NOTICE NO 2604 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:
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, ![]() GAZETTE NOTICE NO. 2615 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:
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, ![]() GAZETTE NOTICE NO. 2616 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.
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:
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, ![]() GAZETTE NOTICE NO. 2617 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 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:
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, ![]() GAZETTE NOTICE NO. 2618 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:
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 , ![]() GAZETTE NOTICE NO. 2619 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:
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:
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, ![]() GAZETTE NOTICE NO. 2620 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:
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. ![]() GAZETTE NOTICE NO. 2621 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:
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, ![]() GAZETTE NOTICE NO. 2623 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. LEBOO OLE MORINTAT, ![]() Legal Notice no. The National Assembly and Presidential Elections Act – Extension of SUPPLEMENT NO. 9 SUPPLEMENT NO 10
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Kenya Law Weekly Issue 096/2010
12 March 2010
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KenyaLawBlog