KLR WEEKLY e-NEWSLETTER
 

| Issue 098| Newsletter Archive | Friday 26th March 2010 |

 
   
 
 
CASE OF THE WEEK
 

DISMISSED ELECTION PETITION REINSTATED FOR FAILURE TO CROSS EXAMINE PROCESS SERVER ON AFFIDAVIT

By Njeri Githang’a Kamau- Advocate

“Where one party to proceedings denies having been served with a relevant document, it is proper for the court to look into the matter; if the court is faced with conflicting affidavits as to the alleged service of process, it is proper that the deponents should be examined on oath in order to establish the truth.”

Dickson Daniel Karaba v John Ngata Kariuki and 2 others [2010] eKLR (www.kenyalaw.org)
Court of Appeal at Nairobi
Tunoi, Waki & Aganyaya JJ.A
March 19, 2010

The Court of Appeal allowed an appeal filed against John Ngata Kariuki, the MP for Kirinyaga Constituency thereby reinstating an election petition earlier struck out by the High Court. The appellate court stated that where one party to proceedings denies having been served with a relevant document and the court is faced with conflicting affidavits as to the alleged service of process, it is proper that the deponents should be examined on oath in order to establish the truth.

Dickson Daniel Karaba (the appellant) was one of the candidates in Kirinyaga Constituency during the Parliamentary elections held in 2007 while John Ngata Kariuki (the 1st respondent) was declared as the winner of that election by the returning officer, James Kariuki Gitau (the 2nd respondent).

In an election petition filed by Karaba it was asserted that there were errors in counting of votes, omission of results from certain poll stations, erroneous tallying and re-tallying.  He sought for orders for scrutiny and tallying of all votes cast in the constituency.

By way of application Kariuki sought for the petition to be struck out on the ground that he had not been personally served with the petition within twenty eight days after the date of publication of the results as required by section 20 (1) (a) of the National Assembly and Presidential Elections Act.

It was alleged that Karaba had presented the petition to the High Court on January 11, 2008. On the same day, his advocates, instructed a court process server, one John Musyoka, to serve the petition on Kariuki.  That afternoon at 2 pm, the process server, accompanied by the advocate’s employee and Karaba’s agent proceeded to the offices of Kariuki located at Panafric Hotel but they found he had gone out on official duty. 

It was deponed by the process server that on the following day, he met Kariuki at around 6.30 am at Panafric Hotel where he introduced himself and stated his mission, and later at Kariuki’s office where he personally served him with the petition. The process server’s affidavit was supported by one Peter who claimed in his affidavit to have met both Karaba and Kariuki at the hotel and that he was informed about the petition.

On the other hand, Kariuki in a replying affidavit swore that he was nowehre near the venue alleged by the process server.  He swore that after the 2007 he stayed away from his office. It was not until January 29, 2008 when he reported to his office. He stated that his office was at Sarova Hotels Ltd and not Pan Afric Hotel and on arrival he was given a khaki envelope which contained the petition by a secretary known as Rose together with a leaf of a gummed yellow note on which was written “John Nzive” plus a number to mobile phone.  

The motion was set down for hearing on April 10, 2008 but in view of the conflicting factual information, counsel on both sides applied to cross-examine the deponents of the respective affidavits on record. At the resumed hearing only Kariuki was cross examined on his affidavit, but his counsel declined to cross examine the process server who had been made available for the purpose.  Kariuki also filed a further affidavit in which he denied ever having met Peter or the process server at the Panafric Hotel or at all. 

High Court Lady Justice Kasango The petition was consequently struck out on the ground that the petitioner had not satisfied the burden of proof laid upon him in respect of service of the petition. The court held that Kariuki had proved that he was nowhere near the scene stated by the process server.

Being aggrieved by that decision, Karaba filed an appeal where he submitted that if there were any doubts about the depositions in the affidavits, the deponents ought to have been cross examined.  The record showed that the respondent applied, but subsequently declined to cross-examine the process server. Neither was any attempt made to examine Peter.  The appellate court noted that this was despite the fact that both deponents available for verification of their statements on oath.  The failure to challenge the affidavits relating to service of process amounted to an admission of the facts and there was no basis therefore for ignoring those facts. Regarding Kariuki’s evidence admitted by the High court, it was submitted that there was no basis such finding .

The Court of Appeal examined the evidential material placed before the High Court and concluded that  the High Court erred in the manner it evaluated the evidence before it and consequently arrived at the wrong conclusion both in fact and in law.  The central issue in the whole matter was to establish the truth about service of the petition filed by the appellant on the first respondent.  The truth ought to have been established on a balance of probabilities and it lay between the stories put forward by the process server and his supporter, and by the Kariuki and his supporters.

The court observed that indeed the High Court and the parties had appreciated this imperative rule at an early stage of the proceedings by issuing orders that the process server and Kariuki be cross examined on their affidavits.  There was a good reason for that order, traceable to the law on such matters, that there was a presumption that the court process was properly served unless such presumption was rebutted. 

The appellate court noted accounts of events narrated by the process server were categorical. The denials made by Kariuki were equally categorical.  The court was of the view that in view of the factual statements and in all the circumstances of the case it was desirable that the truth between the two versions be explored through cross examination. Kariuki was the only one who was cross examined, and in the process he made material admissions which lent credence to the assertions of the process server.  Even if he was away from his office, as claimed, between December 27, 2007 and January 29, 2008, he was physically placed at a restaurant within the Panafric Hotel on January 12, 2008 where he took breakfast.  His alibi that he was away in some church and that he took his breakfast late was rejected by the High Court and in all probability therefore he was in the same restaurant where the process server was before 7 a.m. on  January 12 2008. 

In view of all that evidence, it could not be doubted that the process server was at Kariuki’s offices at the time deponed. The only issue was whether or not he met Kariuki there and served him. That issue would have been cleared through cross-examination of the process server who was made available for that purpose but Kariuki’s advocates declined to cross-examine him.  In circumstances of the case they did so at the risk of leaving unchallenged the process server’s deposition and there was no firm basis for disbelieving his evidence. 

It was the court’s view therefore that there was no firm basis for rejecting the process server’s affidavit or making the finding that his affidavit and that of Peter who supported him were mutually contradictory.  On the contrary they both confirmed that it was more probable than not that Kariuki and the process server met at the time stated by the process server and it was explained to him that a petition would be served on him.  If Kariuki took evasive action thereafter or made it impossible for the process server to complete his mission, that was of no consequence.  The court hence allowed the appeal and dismissed the application for striking out of the petition for want of service by Kariuki.


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SELECTED NOTICES FROM THE KENYA GAZETTE
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Gazette and Legal Notices Vol CXII – No 30 Dated March 26,2010.

GAZETTE NOTICE NO. 2909
THE INVESTMENT PROMOTION ACT
(No. 6 of 2004

APPOINTMENT OF DIRECTORS

IN EXERCISE of the powers conferred by section 16 (2) (g) of the Investment Promotion Act, the Deputy Prime Minister and Minister for Finance appoints-

Muriithi M Murimi,
Mauledi Mabruki Iseme,

to be member of the Board of the Kenya Investment Authority, for a period of three (3) years, with effect from 15th March, 2010.

Dated the 15th March, 2010.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance,

GAZETTE NOTICE NO. 2910
THE INVESTMENT PROMOTION ACT
(No. 6 of 2004)

APPOINTMENT OF DIRECTORS

IN EXERCISE of the powers conferred by section 16 (2) (g) of the Investment Promotion Act, the Deputy Prime Minister and Minister for Finance appoints;

Derek M’Mbijiwe,
Taib A. Taib,
Yinda Kemoli,
David Sikand,

to be members of the board of the Kenya Investment Authority, for a period of three (3) years, with effect from 15th March, 2010.

Dated the 18th March, 2010.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 2911
THE KENYA POST OFFICE SAVINGS BANK ACT (Cap. 493B)

APPOINTMENT OF CHAIRMAN

IN EXERCISE of the powers conferred by section 5 (2) (a) of the Kenya post Office Savings Bank Act, the Deputy Prime Minister and Minister for Finance appoints-

WILSON KINYUA

to be Chairman, of the Board of the Kenya Post Office Savings Bank, for a period of three (3) years, with effect from 4th January, 2010.

Dated the 18th March, 2010.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 2912
THE KENYA POST OFFICE SAVINGS BANK ACT (Cap. 493 B)

APPOINTMENT OF BOARD MEMBERS

IN EXERCISE of the powers conferred by section 5 (2) (e) of the Kenya Post Office Savings Bank Act, the Deputy Prime Minister and Minister for Finance appoints-

Peter Owoko K’Obonyo
Isabella M Musyoka – Kamere

to be members of the Board of the Kenya Post office Savings Bank, for a period of three (3) years, with effect from 4th January, 2010.

Dated the 18th March, 2020.

UHURU KENYATTA
Deputy Prime Minister and Minister for Finance

GAZETTE NOTICE NO. 2913
THE CAPITAL MARKETS ACT
(Cap. 485A)

APPOINTMENT OF DIRECTORS

IN EXERCISE of the powers conferred by section 5 (3) (b) of the Capital Markets Act, the Deputy Prime Minister and Minister for Finance appoints-

Nafisa Abass,
Wainaina Geturo,

to be members of the Board of the Capital Markets Authority, for a period of three (3) years, with effect from 4th January, 2010.

Dated the 18th March, 2020.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance

GAZETTE NOTICE NO. 2914
THE LAKE BASIN DEVELOPMENT AUTHORITY ACT (Cap. 442)

APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (I) (j) of  the Lake Basin Development Authority Act, the Minister for Regional Development Authorities appoints-

George O. Macodawa (Eng.),
Carey F. Onyango (Dr.),
Mary Michieka,
Ochilo Ayako,
Regina Kitiabi Kiti (Dr.),
William B Omoding,
Alex J Mukabwa,
Dickson Kitibi,
Anthony K Kogo,
John Menganyi Magaiwa,

to be Board members of the Lake Basin Development Authority, for a period of three (3) years, with effect from 18th March, 2010.

Dated the 17th March, 2010.

F.O. GUMO,
Minister for Regional Development Authorities

GAZETTE NOTICE NO. 2915
MINISTRY OF EAST AFRICAN COMMUNITY

APPOINTMENT

IT IS  notified that the Minister for East Africa Community has appointed the following persons as members of the Task Force on the east African Community Common Market Legal Reforms. The Taskforce shall be in force for a period of 45 days with effect from 23rd February, 2010.

Justice Stewart Madzayo – (Chairman),
Barrack Ndegwa- (Co-Chair).
Pauline Mcharo (Ms.) – (Secretary)
Rose A. Nyakwana (Ms.) – (Joint Secretary)
Alice Mwololo (ms.)
Hellen Wasilwa (Ms.)
Winnie Cheserem (ms.),
Assa Nyakundi,
Wanjiru Kinuthia,
Wafula wa Musamia
Harrison Okeche,
Davis Nyagah,
Johnson Okello,
Kilonzi Kasombo,
Michael Owuor,
Fatuma Awale(Mrs.)
Justa Mugambi (Mrs.)
William Lay.

The terms of reference of the Task Force are:

  1. Fully interpret the EAC Common Market Protocol and its Annexes in the context of existing Kenyan laws.
  2. Fully understand the implication of the EAC Common Market Protocol for Kenyans, Government and Private Sector Operations
  3. Undertake a thorough audit for the EAC Common Market Protocol and its Annexes with a view of recommending necessary reforms in Government operations.

Dated the 19th March, 2010.

A.J. KINGI,
Minister for East African Community.

GAZETTE NOTICE NO. 2916
MINISTRY OF PLANNING, NATIONAL DEVELOPMENT AND
VISION 2030

APPOINTMENT OF NEPAD NATIONAL STEERING COMMITTEE

IT IS notified for general information that the Minister of State for Planning, National Development and Vision 2030 has appointed the following as members of New Partnership for African Development (NEPAD) National Steering Committee:

The Minister of State for Planning, National Development and Vision 2030 as       Chairman,
Permanent Secretary, Ministry of State for Planning, National Development and                           Vision            2030 as co-ordinator,
Permanent Secretary, Office of the Deputy Prime Minister and Ministry of Finance,
Permanent Secretary, Ministry of Transport,
Al-Haji Yussuf M.K. Murigu,
Abubakar Zain,
Benson Ashitiva Mandale,
Amb. Dennis Awori,
Mwende Kathethia Mwendwa (Ms.),
Amb. Stephen Loyatum,
Peter Kanyago,
Grace A. Otieno (Mrs.),
Mohamed Abdirahman Hassan,
The Chief Executive Officer, NEPAD Kenya Secretariat as Secretary,

for a period of three (3) years, with effect from 1st April, 2010.

The role of the National Steering Committee is:

    • To promote Kenya’s effective participation in the activities of the New Partnership for African Development (NEPAD) recently anchored in the African Union;
    • To identify and support the prioritization of NEPAD projects and programmes that have significant linkages with national priorities of Kenya Vision 2030;
    • To market local and regional NEPAD  projects and programmes among development partners and the investor community and
    • To give direction to the NEPAD secretariat which shall be responsible for implementing the decisions of the NEPAD National Steering ;Committee;
    • To promote the domestication of African Union (AU) and NEPAD Vision, Mission and Core Principles/Values.

    Dated the 24th March, 2010.

    W.A OPARANYA,
    Minister of State for Planning,
    National Development and Vision 2030.

    GAZETTE NOTICE NO. 2917
    THE FORESTS ACT
    (No. 7 of 2005)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 6 (1) (i) of the Forest Act, the Minister for Forestry and Wildlife appoints-

    E.A Ochieng Obado.
    Joseph Nakurro Leboo.
    Maj. (Rtd.) Daniel Ing’ollan Nawose.
    Jaswant S. Rai.
    Fatuma Sichale.
    Joseph Murei Mang’ira.
    Margaret Karimi Gitonga.
    Richard Musangi (Prof.)

    to be members of the Kenya Forest Service Board, for a period of three (3) years, with effect from 15th March, 2010.

    Dated the 15th March, 2010.

       N.M. WEKESA
               Minister Forestry and Wildlife

    GAZETTE NOTICE NO. 2918
    THE CRIMINAL PROCEDURE CODE
    (Cap. 35)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 85 (2) of the Criminal Procedure Code. The Attorney – General appoints-

    JOSEPH KIBUGU

    An advocate of the High Court of Kenya, to be a public prosecutor for the purposes of such cases under the Sexual Offences Act (No. 3 of 2006) and gender-based violence cases under the Penal Code (Cap. 63) as the Attorney-General may, from time to time, assign to him, in Magistrates Courts and any related proceedings in the High Court and the Court of Appeal.

    Dated the 17th March. 2010.

    S.A.WAKO.
    Attorney-General.

    GAZETTE NOTICE NO. 2919
    THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT
    (No. 3 of 2003)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 3 (1) of the Anti-Corruption and Economic Crimes Act. The Chief Justice appoints –

    REUBEN N. NYAKUNDI

    Chief Magistrate, as a special magistrate to preside over cases involving corruption and economic crimes in respect of Bungoma. Western Province, with effect from 1st April. 2010.

    Dated the 9th March. 2010.

    J.E. GICHERU
    Chief Justice.

    GAZETTE NOTICE NO. 2920
    THE CHILDREN ACT
    (No. 8 of 2001)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chef Justice appoints-

    DOLPHINE A. OKUNDI

    Principal Magistrate at Kiambu, to preside over cases involving children in respect of Central Province, with effect from 1st April, 2010.

    Dated the 9th March. 2010.

    J.E. GICHERU,
    Chief Justice.

    GAZETTE NOTICE NO. 2921
    THE CHILDREN ACT
    (No. 8 of 2001)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chief Justice appoints –

    HAZEL W. MUSISI

    Resident Magistrate at Mumias, to preside over cases involving children in respect of Western Province, with effect from 1st April, 2010.

    Dated the 8th March, 2010.

    J.E. GICHERU.
    Chief Justice. 

    GAZETTE NOTICE NO. 2922
    THE LAW OF SUCCESSION ACT(Cap. (160)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 47 of Law of Succession Act the Chief Justice appoints-

    STELLA B. ATAMBO

    Senior Resident Magistrate at Mumias, to represent the High Court for the purposes of that section, with effect from 1st April, 2010.

    Dated the 9th March, 2010.

    J.E. GICHERU,
    Chief Justice.

    GAZETTE NOTICE NO. 2923
    THE LAW OF SUCCESSION ACT(Cap. 160)

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 47 of the Law of Succession Act, the Chief Justice appoints-

    DOLPHINE A. OKUNDI

    Principal Magistrate at Kiambu, to represent the High Court for the purposes of that section, with effect from 1st April, 2010.

    Dated the 9th March, 2010.

    J.E. GICHERU,
    Chief Justice.

    GAZETTE NOTICE NO. 2924
    THE MAGISTRATES’ COURTS ACT (Cap. 10)

    INCREASE OF LIMIT OF JURISDICTION

    IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

    DANIEL M. OCHENJA

    Principal Magistrate, to Kenya shillings one million (Ksh. 1,000,000), with effect from 1st March, 2010.

    Dated the 5th February, 2010.

    J.E. GICHERU,
    Chief Justice.

    GAZETTE NOTICE NO. 2925
    THE MAGISTRATES’ COURTS ACT (Cap. 10)

    INCREASE OF LIMIT OF JURISDICTION

    IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

    STELLA B. ATAMBO

    Senior Resident Magistrate, to Kenya shillings eight  hundred thousand  (Ksh. 800,000), with effect from 1st April, 2010.

    Dated the 8th February, 2010.

    J.E. GICHERU,
    Chief Justice.

    GAZETTE NOTICE NO. 2926
    THE MAGISTRATES’ COURTS ACT (Cap. 10)

    INCREASE OF LIMIT OF JURISDICTION

    IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

    ALICE B. MIENCHA

    Senior Resident  Magistrate, to Kenya shillings eight  hundred thousand  (Ksh. 800,000), with effect from 1st April, 2010.

    Dated the 8th February, 2010.

    J.E. GICHERU,
    Chief Justice

    GAZETTE NOTICE NO. 2927
    THE MAGISTRATES’ COURTS ACT(Cap. 10)

    INCREASE OF LIMIT OF JURISDICTION

    IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

    CAROLYNE K. OBARA

    Resident  Magistrate, to Kenya shillings five  hundred thousand  (Ksh. 500,000), with effect from 1st April, 2010.

    Dated the 8th February, 2010.

    J.E. GICHERU,
    Chief Justice

    GAZETTE NOTICE NO. 2928
    THE CONSTITUTION OF KENYA
    THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (Cap. 7)
    THE NATIOANL ASSEMBLY ELECTIONS (ELECTION PETITION) RULES

    APPOINTMENT OF ELECTION COURT

    IN EXERCISE of the powers conferred by section 60 (5) of the Constitution of Kenya and section 19 of the National Assembly and Presidential Elections Act, the Chief Justice of the Republic of Kenya appoints an election court comprising of Justice Mohamed Abdullahi Warsame in place of Lady Justice Mary Kasango, whose appointment is revoked, to hear the election petition whose details are given hereunder in the High Court of Kenya at Nairobi. The election court will give directions as to the hearing of the petition during mention thereof on Wednesday, 14th April, 2010.

    Election Petition No.

    Petitioner

    Respondents

    Constituency

    Election
    Court

    High Court station

    Nairobi E.P. No. 3/08

    Dickson Daniel Karaba

    1.John Ngata Kariuki

    2.James Kariuki Gitahi

    3.Electoral Commission of Kenya

     

    Kirinyaga Central

    Justice Mohamed Abdullahi Warsame

    Nairobi

    Dated the 24th March, 2010.

    J.E. GICHERU,
    Chief Justice

    GAZETTE NOTICE NO. 2929
    THE LIQUOR LICENSING ACT (Cap. 121)
    GATUNDU SOUTH LIQUOR LICENSING COURT

    APPOINTMENT

    IN EXERCISE of the powers conferred by section 4 of the Liquor Licensing Act, the District Commissioner, Gatundu South District appoints-

    Samuel Kamau Nyoike,
    Dominic Murage Marangi,
    John Gichungwa Gikima,
    Michael Wanjihia,

    To be members of the Liquor Licensing Court.

    Dated the 9th February, 2010.

    J.M. MWIRIGI,
    District Commissioner, Gatundu South

    GAZETTE NOTICE NO. 2932
    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, the 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

    L.R N. 209/3296 Situate in the City of Nairobi
    L.R N. 209/13298 Situate in the City of Nairobi
    L.R. No 27791 Situate in Mavoko Municipality
    L.R. No 27792 Situate in Mavoko Municipality
    L.R. No 27793 Situate in Mavoko Municipality
    L.R. No 27794 Situate in Mavoko Municipality
    L.R. No 27796 Situate in Mavoko Municipality

    Dated the 17th day of March, 2020

    G.G. GACHIHI,
    Registrar of Titles Nairobi,

    GAZETTE NOTICE NO. 2933
    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, the 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

    Eldoret

    Eldoret Municipality Blk 4/56
    Eldoret Municipality Blk 4/55

    T.M. CHEPKWESI,
    District Land Registrar Eldoret

    GAZETTE NOTICE NO. 2934
    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 tiles issued to private developers, it has come tot eh notice of the Government that the said parcels of land were reserved for private purposes under the relevant provisions of the Constitution of Kenya, the 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

    Narok

    Narok/CIS Mara/Talek/155

    P.M MENGI,
    District Land Registrar Narok

    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 INDUSTRY 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 of the label printing industry.

    The proposed development involves refurbishment of an already existing building comprising of godowns and the mezzanine 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. 209/10804, old Mombasa Road – Nairobi. It is situated 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 MARALAL 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 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. MURIUKI,
    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  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

    GAZETTE NOTICE NO. 3188
    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 HOUSING DEVELOPMENT ON PLOT NO. 6640/KAPUTIEI NORTH KAJIADO 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 residential houses.

    The proposed project will comprise construction of 121 four and three residential houses and other related facilities and will be contained in a 10 acres piece of land. The project location is on Plot No. 6640/Kaputiei-North/Kajiado 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, Kajiado 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. 3189
    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 HOUSING DEVELOPMENT ON PLOT NO. 6639/KAPUTIEI NORTH KAJIADO 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 residential housing development.

    The proposed project will comprise construction of 121 residential units of different size ranging from three to four bedroom units, complete with associated facilities. The project location is on Plot No. 6640/Kaputiei-North/Kajiado 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, Kajiado 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. 3190
    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 INDUSTRY 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 proposed label printing industry.

    The proposed development involves refurbishment of an already existing building comprising of godowns and the mezzanine 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 situated 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.

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

    GAZETTE NOTICE NO 3191
    THE ENVIRONMENTAL MANAGEMENT AND
    CO-ORDINATION ACT (No. 8 of 1999)
    THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
    ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
    FOR THE PROPOSED KENYA AIRWAYS STAFF HOUSING STAFF HOUSING AT EMBAKASI VILLAGE NAIROBI ON L.R. NO. 9042/18, L.R. NO. 9042/229 AND L.R. NO. 9042/230

    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 Kenya Airways Staff Housing Project.

    The proposed Housing project involves the construction of affordable residential dwellings in the middle-income segment. It covers one hundred and thirty units and the accompanying basic residential amenities including car park bay, waste disposal sites and greenery. The project will be located on L.R. No 9042/18, L.R. No 9042/229 and L.R. No 9042/230. The proposed site is approximately 2.6699 ha.

    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.

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

    SUPPLEMENT NO. 13
    Bills, 2010

    SUPPLEMENT No. 14
    Legislative Supplement

    LEGAL NOTICE NO.

    32- The registered Land (Application) (No. 3) Order, 2010
    32- The Registered Land (Application) (No. 4) Order, 2010
    33- The Immigration Act – Exemption


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