KLR WEEKLY e-NEWSLETTER
 

| Issue 097| Newsletter Archive | Friday 19th March 2010 |

 
   
 
 
CASE OF THE WEEK
 

THE PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD HAS NO JURISDICTION TO WAIVE THE MANDATORY STATUTORY REQUIREMENTS

By Monica Achode - Advocate

Republic v Public Procurement Administrative Board Ex Parte Kenya Medical supply Agency and 3 others
High Court of Kenya at Nairobi
Justice Jeanne Gacheche
4 March, 2010

The Public Procurement Administrative Review Board had no jurisdiction to waive the obvious mandatory statutory requirements or even to the handle review in the negative manner that it did. It exceeded its jurisdiction; overstepped its mandate by dealing with issues which had not been pleaded before it ad in doing so reached a wrong decision. To find otherwise would be tantamount to negating the whole essence of the Public procurement and Disposal Act (No. 3 of 2005) and to encourage actions which would best be described as ultra vires, which would in any event be null and void.

The High Court on 4th of March 2010 granted an application for an order of certiorari by the Kenya Medical Supply Agency (KEMSA), Crown Agents (CA), Deutsche Gesellschaft Fur Technishe Zusammenarbeit (GTZ) (here in called the consortium) compelling the consortium to admit the bid documents by the complainant, Hetero Drug Limited, and to carry out a fresh re-evaluation of the entire procurement process. 

The consortium had been involved in the procurement and supply chain management on behalf of the Ministry of Health for Anti-retroviral Drugs.  On 6/3/2009 KEMSA advertised a tender for the supply of anti-retroviral (ARV) drugs. The tender documents which they availed to the intending bidders set out the manner and format in which bids would be submitted, in what it referred to as the Instructions to Tenderers.   Clause 21.1 provided as a requirement that a tenderer should prepare 2 sets of documents, an original and copies of the tender clearly marking each one as “Original Tender” and “Copy of the Tender” as appropriate. It also stated that in the event of a discrepancy between the two the original would govern.

According to KEMSA’s Executive Officer, the tenders submitted were opened in public and the consortium’s representatives proceeded to evaluate the bid documents at a preliminary level with a view to confirming whether they complied with the tendering requirements. It was at this point that it was discovered that the tender documents submitted by Hetero Drug Limited (the interested parties in the proceedings), included a scanned copy of the price schedule instead of an original document. For that reason Hetero’s document was declared non-responsive for contravening Clause 21.1 in the Instructions to Tenderers document. Hetero’s tender was therefore disqualified at the preliminary evaluation stage and the members of KEMSA proceeded with technical and financial evaluation of the remaining bids.

Being dissatisfied with the decision of KEMSA which was of the view that its bid was unsatisfactory and contrary to the provisions of both law and the tender document, Hetero proceeded to request the Public Procurement Administrative ReviewBoard to review the KEMSA’s decision. KEMSA filed its reply contending that Hetero’s bid documents were not responsive as it had submitted a scanned copy of the price list as opposed to an original. Having heard both sides, the Board considered the review in favour of Hetero and ordered KEMSA to carry out a fresh evaluation, hence its move to court for an application for judicial review seeking orders of certiorari to remove to the court for purposes of quashing the Board’s decision.

The application revolved around public procurement which is governed by the Public procurement and Disposal Act (No. 3 of 2005). This Act was enacted as and for the disposal of unserviceable, obsolete or surplus stores, equipment by public entities and to provide for other related matters. Its objectives as per section 2 were listed as among others; to maximize economy and efficiency, to promote competition and ensure that competitors were treated fairly, to promote the integrity and fairness of those procedures and to increase transparency and accountability in carrying out those procedures. KEMSA was of the view that not only was the Board acknowledging that Hetero had submitted a scanned copy of the price schedule, but that it had decided that the tender form was the primary document and that in those circumstances, a scanned copy of the price schedule would suffice. This, KEMSA felt was beyond the Board’s jurisdiction to determine.

Its main grounds were that the Board failed to appreciate that the Consortium was mandated by the Act to reject Hetero’s scanned copy of the price schedule as it was not an original and that the Board made a grave error in law in failing to apply the mandatory provisions of the Act. KEMSA was therefore of the opinion that it would be in the “the interest of justice and good governance that the board’s decision be quashed and the mandatory provisions of the Instruction to Tender and consequently the Act be upheld”. KEMSA felt that failure to do this would result in a grave injustice to all the bidders who had submitted originals as per the requirements of the instructions to the Tenderers and thus undermine the purpose of the Act which was to ensure that the competitors were treated fairly.

Hetero which maintained that the use of a scanned copy of the price schedule was not precluded opposed the application claiming that the application by KEMSA was an attempt “to disguise an appeal as a judicial review” and that the circumstances, the application was not frivolous but vexatious and an abuse of the process, meant to delay the cause of justice. The Board on the other hand claimed that for KEMSA’s application to succeed it had to establish that its decision was tainted with illegality, irrationality and that it was guilty of procedural impropriety. It cited section 98 of the Act which empowered the Board to nullify the award by KEMSA and to order the admission of Hetero.

The court was alive to the fact that that in an application of this nature, one if the court’s main concerns would be weather the Board acted within its mandate as provided for under the Act. The Board was expected to act within the confines of the Act and other related laws.  The court was also required to ascertain the question submitted for determination by the Board and what its terms of reference and jurisdiction were.

On the question of whether KEMSA had the capacity to prefer judicial review proceedings the court felt that it having been a party to the Consortium was rightly before the court by virtue of the provisions of the Act which recognized the right of the parties to the review proceedings to apply for orders of judicial review. Further thereto, the fact that the Republic was the applicant in the matter could not deny KEMSA a right to be heard as an ex parte in the name of the Crown and applications for such orders had to be correctly initiated.

The requirement that the bids be compliant was mandatory; to be fulfilled to the letter, one such requirement being that “the tender had to be submitted in the required format”. The copy that was submitted was scanned yet the Act did not cater for e-procurement. Although section 83G of the Kenya Communications Amendment Act (no. 1 of 2009) which was relied on by Hetero provided that where a law provided that information was to be written then notwithstanding anything contained in such law, such requirement was to be deemed to have been satisfied if such information or matter was rendered or made available in electronic format, the section was in direct contravention of the requirements of the Public Procurement Act which stated categorically that in case of a conflict where matters of procurement are concerned, the provisions of the Public Procurement and Disposal Act would prevail and therefore requirement that the tenderer prepare an original and the number of copies/set of the tender indicated and clearly marked original and copy respectively was mandatory.

In view of the above it was the court’s decision that the Board had no jurisdiction to waive the obvious mandatory statutory requirements or even to handle the review in the manner that it did, for to allow so would be tantamount to negating the whole essence of the Act. With that the court found that KEMSA had ably demonstrated that the Board acted in excess of its jurisdiction by acting outside its mandate. It then proceeded to grant an order of certiorari and removed the court to quash the decision of the Board.

 

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SELECTED NOTICES FROM THE KENYA GAZETTE
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Gazette and Legal Notices Vol CXII No 28 Dated March 19,2010

GAZETTE NOTICE NO. 2640
THE UNIVERSITIES ACT
(Cap 210B)
THE COMMISSION FOR HIGHER EDUCATION

APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) (e) of the Universities Act, the Minister for Higher Education, Science and Technology appoints –

Jamleck Mutugi (Dr.),
Acholla Pall (Prof.),
Charles Kibanani Ngome (Dr.),
David Court (Dr.),

to be Commissioner of Commission for Higher Education, for a period of five (5) years, with effect from 16th  March, 2010.

Dated the 16th March, 2010.

SALLY KOSGEI
Minister for Higher Education,
Science and Technology.

GAZETTE NOTICE NO. 2641
THE LAIKIPIA UNIVERSITY COLLEGE ORDER
(L.N.  157 of  2009)

APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (f) (iii) and (v) of the Laikiipia University Education, Science and Technology appoints-

Margery Wangui Kabuya,
Fredrick Ombata Ogana,
Samuel King’oo Katia (Prof.)
Paul Tergat

To be members of the Laikipia University College Council, for a period of three (3) years, with effect from 16th March, 2010.

Dated the 16th March, 2010.

SALLY KOSGEI,
Minister for Higher Education,
Science and Technology

GAZETTE NOTICE NO. 2642
THE EDUCATION ACT
(Cap 211)
THE KENYA EDUCATION STAFF INSTITUTE ORDER
(L.N. 19 OF 2010)

APPOINTMENT

IN EXECISE of the powers conferred by paragraph 2 of the Kenya Education Staff Institute Order, 2010, the Minister for Education appoints-

Oliver Mugenda-(Chairperson),
James Ziro,
Cleophas Karuga,
Jessica Simiyu,
George Opiyo,
John Osoro,
Hawa Mohamed,
Mike Eldon,

To be members of the Council of Kenya Education Staff Institute, for a period of three (3) years, with effect from 5th March, 2010.

Dated the 11th March, 2010.

S.K. ONGERI,
Minister for Education

GAZETTE NOTICE NO. 2643
THE STATE CORPORATIONS ACT
(Cap 446)
THE KENYA SEED COMPANY LIMITED

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Agriculture appoints-

REHEMA DIDA JALDESA

to be a member of the Board of Kenya Seed Company Limited, for a period of three(3) years, with effect from 12th March, 2010. The appointment of Zedekiah Nyandieka Agata*, is revoked.

Dated the 15th March, 2010.

WILLAIM ARAP RUTO,
Minister for Agriculture.

*G.N. 11432/2009

GAZETTE NOTICE NO. 2644
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA SEED COMPANY LIMITED

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Agriculture appoints-

Wilberforce Kisiero,
Jedidah Gachanja,

To be members of the Board of the Kenya Seed Company Limited, for a period of three (3) years, with effect from 19th March, 2010.

Dated the 15th March, 2010.

WILLIAM ARAP RUTO,
Minister for Agriculture

GAZETTE NOTICE NO. 2645
THE SUGAR ACT
(No. 10 of 2001)
THE SUGAR ARBITRATION TRIBUNAL

APPOINTMENT

IN EXERCISE of the powers conferred by section 31 (2) and (3) of the Sugar Act, 2001, the Minister for Agriculture appoints-

GEORGE WASINGO AYUGI

to be a member of the Sugar Arbitration Tribunal, for a period of three (3) years, with effect from 19th March, 2010.

Dated the 15th March, 2010.

WILLIAM ARAP RUTO,
Minister for Agriculture

GAZETTE NOTICE NO. 2646
THE CHILDREN ACT
(No. 8 of 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act (No. 8 of 2001), the Chief Justice appoints

DANIEL  OCHENJA

Principal Magistrate at Kitale, to preside over cases involving children in respect of Rift Valley Province, with effect from 1st March, 2010.

Gazette Notice no. 1920 of 2010, is revoked.

Dated the 3rd February, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 2652
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT
(Cap. 280)

THE TRUST LAND ACT
(Cap. 288)

REVOCATION OF LAND TITLES

Whereas the parcels of Land whose details are described under the Schedule herein below were allocated and titles issued to private developers, it has come to the notice of the Government that he said parcels of land were reserved for private purposes under the relevant (cap. 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles

SCHEDULE
Thika Municipality Blk 7/152
Thika Municipality Blk 7/151
Thika Municipality Blk 7/150
Thika Municipality Blk 7/149
Thika Municipality Blk 7/148
Thika Municipality Blk 7/144
Thika Municipality Blk 7/147
Thika Municipality Blk 7/142- Plot No. 1
Thika Municipality Blk 7/142-Plot No. 2
Thika Municipality Blk 7/145
Thika Municipality Blk 7/135
Thika Municipality Blk 7/111
Thika Municipality Blk 7/112
Thika Municipality Blk 7/146 - Plot No. 1
Thika Municipality Blk 7/146 - Plot No. 2 
Thika Municipality Blk 7/161 - Plot No. 2 & Plot No. 3
Thika Municipality Blk 7/161 - One Plot Exercised from HG 10 
Thika Municipality Blk 7/131 - Plot No. 1
Thika Municipality Blk 7/168
Thika Municipality Blk 7/169
Thika Municipality Blk 7/164
Thika Municipality Blk 7/165
Thika Municipality II/838
Thika Municipality II/840
Thika Municipality II/602
Thika Municipality II/859
Thika Municipality II/608
Thika Municipality II/609
Thika Municipality II/704
Thika Municipality II/702
Thika Municipality I0/440

PAMELA MUGEGI,
District Land Registrar,
Thika District.

GAZETTE NOTICE NO. 2654
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT
(Cap. 280)

THE TRUST LAND ACT
(Cap. 288)

REVOCATION OF LAND TITLES

Whereas the parcels of land whose details are described under the Schedule herein below were allocated and titles issued to private developers, it has come to eh notice of the Government that he said parcels of land were reserved for private purposes under the relevant (Cap. 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles

SCHEDULE

Kisii Municipality – MG – Part of Cathedral
Kisii Municipality Blk 1/718
Kisii Municipality Blk 1/190
Kisii Municipality Blk II/192
Kisii Municipality Blk II/191
Kisii Municipality Blk II/225
Kisii Municipality Blk II/195
Kisii Municipality Blk II/198
Kisii Municipality Blk II/187
Kisii Municipality Blk II/201
Kisii Municipality Blk II/566
Kisii Municipality Blk II/222
Kisii Municipality Blk II/745
Kisii Municipality Blk I/746 
Kisii Municipality Blk I/484
Kisii Municipality Blk I/483
Kisii Municipality Blk 1/481
Kisii Municipality Blk 1/480
Kisii Municipality Blk 1/479
Kisii Municipality Blk III/211
Kisii Municipality Blk 1/66
Kisii Municipality III/277
Kisii Municipality III/496
Kisii Municipality Blk III/495
Kisii Municipality Blk III/196
Kisii Municipality Blk III/282
Kisii Municipality Blk II/137
Kisii Municipality Blk II/213
Kisii Municipality Blk II/212
Kisii Municipality Blk I/781

Mongare Machora,
Land Registrar,
Kisii District.

GAZETTE NOTICE NO. 2653
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT
(Cap. 280)

THE TRUST LAND ACT
(Cap. 288)

REVOCATION OF LAND TITLES

WHEREAS the parcels of Land whose details are described under the Schedule herein below were allocated and titles issued to private developers, it has come to the  notice of the Government that he said parcels of land were reserved for private purposes under the relevant (Cap. 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles.

Meru Central, Imenti North, Buiri, Imenti South
Blk II/818
Blk II/774
Blk II/819
Blk II/273
T34
Blk II/265
Blk II/248
Blk II/264
T447
T568
T185
T15
Blk 1/253
Blk I/257
Blk II/319
Blk I/826
Blk II /726
Blk II/729

HARRISON MUSUMIAH,
District Land Registrar,
Meru Central.

GAZETTE NOTICE NO. 2655
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT
(Cap. 280)

THE TRUST LAND ACT
(Cap. 288)

REVOCATION OF LAND TITLES

WHEREAS  the parcels of land whose details are described under the Schedule herein below were allocated and titles issued to private developers, it has come to the notice of the Government that the said parcels of land were reserved for private purposes under the relevant provisions of the Constitution of Kenya, Government Lands Act (Cap 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles.

SCHEDULE
Mombasa MN/1/3070

GEOFFREY BIRUNDU,
Senior Registrar of Titles,
Mombasa

GAZETTE NOTICE NO. 2655
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT
(Cap. 280)
THE TRUST LAND ACT
(Cap. 288)

REVOCATION OF LAND TITLES

WHEREAS  the parcels of land whose details are described under the Schedule herein below were allocated and titles issued to private developers, it has come to the notice of the Government that the said parcels of land were reserved for private purposes under the relevant provisions of the Constitution of Kenya, Government Lands Act (Cap 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles.

SCHEDULE
Kisumu Municipality LR. No. 14263

 

WILFRED N NYABERI
Land Registrar,
Kisumu District

GAZETTE NOTICE NO. 2877
THE AFRICAN CHRISTIAN MARRIAGE AND DIVORCE ACT
(Cap. 151)

CANCELLATION OF LICENCES

NOTICE is given that in exercise of the powers conferred by section 6 (1) of the African Christian Marriage and Divorce Act, the Ministers named in the schedule hereto have had their licences to celebrate marriages under the provisions of the said Act cancelled.

SCHEDULE

Denomination                                                  Name of Minister
African Inland Church, Kenya     Rev. David Mulei Mbuvi
                                                                                Rev. Samson Bett
                                                                                Rev. Zacharia Chirchir
                                                                                Rev. Peter Kipketer Maru
                                                                                Rev Stephen Mwendwa Kingangi
                                                                                Rev. Solomon Kiptanu Chesiboi
                                                                                Rev. Jackson Kimenye Ngove
                                                                                Rev. Jackson Tiona Muoka
                                                                                Rev. Stanley Chumba
                                                                                Rev. Benson Muange Mwangangi
                                                                                Rev Jonathan Rotich
                                                                                Rev. Abraham Tarus
                                                                                Rev. David Tum
                                                                                Rev. Zacharia Cheruiyot

                                                                                                                                L.N. WAITHAKA,
                                                                                                                Senior Deputy Registrar General

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 MATHEMATAICS, 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. 

The proposed development involves construction of:

    1. One storey reinforced concrete administration building;
    2. Two winged single storey and one storey reinforced concrete laboratory and lecture building;
    3. Single storey reinforced concrete dining hall;
    4. 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 Abakore-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 GARMING 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, 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. 2884
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED RELOCATION OF A PRINTING INDUSTRTY ON L.R. NO. 209/10804 OFF OLD MOMBASA ROAD

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 refurbishment of an already existing building comprising of godowns and the mazzannie floor. The new development aims at providing quality offices for the management and staff and a production/printing section unit, to maximise on full utilization of the plot. The proposed project is located on L.R. No. 209/108804, old Mombasa Road – Nairobi. It is sitatued off Old Mombasa road via North Airport Road.

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. 2885
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MODERN PETROL STATION AND COMMERCIAL DEVELOPMENT  ON PLOT NO. 5 IN MARARAL 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 modern petrol station and commercial development

The proposed development involves putting in place a filing station station with seven (7) pumps, underground fuel tanks, inspection pit, wheel lobe, septic tanks and tyre repair. It will also have offices and other service amenities and complimentary services such as convenience store, car wash, garage and a  service bay.

The proposed project will be located within the Central Business District (CBD) of Maralal Town on Plot No. 5 off the main Nyahururu Maralal road.

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, Rift Valley  Province.
  4. District Environment Office, Samburu  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. 2886
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED RESIDENTIAL APARTMENTS ON L.R. NO. 4922/1 IN RUARAKA, OFF THIKA ROAD

 

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 residential Apartments 

The proposed Project intends to construct 4 storey residential apartments with a swimming pool, vehicle parking space and a club house. The project is located on L.R No. 4922/1, Ruaraka off Thika Road. The project sits on a 6- acre piece of land.

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 North 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. 2887
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED PETROL SERVICE STATION ON PLOT NO. RUIRU TOWNSHIP/418 ALONG THIKA ROAD, RUIRU 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 development of petrol service station.

The Proposed project will entail development and is composed of five major sections:

  1. The canopy
  2. Service bay; tyre centre, carwash centre, store
  3. Office block
  4. Drive ways: walkways; acceleration and deceleration lanes; and parking areas
  5. Mini shop
  6. Fast food outlet 

The proposed project site is located on Plot No. Ruiru Township/418 Ruiru Township, Ruiru District.

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, Thika  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. 2888
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED LIQUEFIED PETROLEUM GAS STORAGE AND DISTRIBITION PROJECT ON L.R. NO. 209/10863 OFF MOMBASA ROAD, 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 development of liquefied petroleum gas storage and distribution.

The proposed project will entail development of Liquefied Petroleum Gas Storage and Distribution comprising of the following infrastructure:

    1. LPG Storage area comprising of two steel LPG tanks having a total capacity of 40 metric tons;
    2. Cylinder filling area which comprises of:  in-line filing scales and cylinder storage area (shed);
    3. Compressor/pump house;
    4. LPG truck loading area;
    5. LPG accessories store;
    6. Office block;
    7. Generator and switch room;
    8. Fire water tank and pump house;
    9. Fire equipment shed;
    10. Gas trap and drainage;
    11. Pipe cross-overs;
    12. Concrete tank farm floor; and
    13. Electrical installation

The proposed project site is located on Plot No. 209/10863 at off, Mombasa Road, 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

SUPPLEMENT NO. 11

LEGAL NOTICE NO.

21-          The land Control Act – Exemption
22-          The Preservation of Public Security Act Declaration
23-          The Sugar (Imports, Exports and By-Products (Amendment) Regulations, 2010
24-          The Registered Land (Application) No. 2) Order, 2010
25-          The Animal Diseases Act – Prohibition

SUPPLEMENT No. 12
Legislative Supplement

LEGAL NOTICE NO.
26 -         The Kenya Information and Communications (Dispute Resolution) Regulations, 2010
27 -         The Kenya Information and Communications (Tarriff0 Regulations, 2010
28 -         The Kenya Information and Communications (Compliance Monitoring, Inspections and Enforcement) Regulations, 2010.
29-          The Kenya Information and Communications (Fair Competition and Equality of Treatment) Regulations, 2010.
30 -         The Kenya Information and Communications (Interconnection and Provision of Fixed Links, Access and Facilities) Regulations, 2010.
31-          The land Acquisition (Compensation Tribunal) Rules, 2010.

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