KLR WEEKLY e-NEWSLETTER
 

| Issue 100| Newsletter Archive | Friday 09th April 2010 |

 
   
 
 
CASE OF THE WEEK
 

DISOBEDIENCE OF COURT ORDER NEGATES RELIANCE ON “THE OXYGEN PRINCIPLE”
Nicholas Okemwa
Advocate

“The advent of the “O2 principle” in our opinion, ushers in a new management culture of cases and appeals in a manner aimed at achieving the just determination of the proceedings; ensures the efficient use of the available judicial and administrative resources of the courts; and results in the timely disposal of the proceeding at a cost affordable by the respective parties.”

Hunker Trading Company Limited v Elf Oil Kenya Limited [2010] eKLR
Court of Appeal Nairobi
Githinji, Visram,  Nyamu (JJ.A)
March 24, 2010

This ruling was unique in the sense that it might have been the on the first application grounded on the new provisions of the Appellate Jurisdiction Act, namely sections 3A and 3B that make for the principle of overriding objective in civil litigation. The said sections provide that the overriding objective in civil litigation aims at facilitating just, expeditious, proportionate and affordable resolution of an appeal. The sections were introduced in February 2009. While interpreting the application of these sections, the Court of Appeal has in the recent past referred to the principle as the “Double O principle” or as “the oxygen principle” as it did in the present ruling.

One notable decisions emerging from the Court of Appeal where the overriding principle has been applied is Deepak Chamanlal Kamani & another V Kenya Anti-Corruption Commission & 3 others eKLR. The applicants in that case sought to strike out the appeal filed by the 1st respondent on the ground that primary documents including the notes of two trial judges had been omitted from the record of appeal. The applicants argued that the omission made the appeal incurably defective. In considering the merit of the application, the appellate court made reference to section 3A and 3B. Prior to this amendment the appellate court automatically struck out a record of appeal where the applicant failed to file such primary documents. Based on the amendment the court held that striking out the appeal would not facilitate the just, expeditions, proportionate and affordable resolution of the appeal.

The background to the instant ruling was that the applicant, Messrs Hunker Trading Company Limited, had applied to the High Court for a stay of execution of the judgment and decree in favour of the respondent, Elf Oil Kenya Limited, for the sum of Kshs.10.031,358/15 plus interest. The applicant contended that settling the claim would render the company insolvent thereby causing the results of the intended appeal nugatory. The respondent countered that the applicant was a large company dealing with petroleum and in the event of the appeal succeeding, they would repay the money.

The High Court proceeded to grant the stay but instructed the applicant to deposit a sum of Kshs.5 million in an interest earning account to be opened in the joint names of the applicant’s and respondent’s advocates within 30 days. However, the order subsequently lapsed without compliance by the applicant.

The applicant under section 3A and 3B made an application to the Court of Appeal seeking for a stay off execution of the judgment and decree of the High Court. The appellate court observed that the notice of appeal lodged before it was not against the above ruling or any part thereof but it was directed against the main judgment. The court took the view that although the notice of appeal was not premised on the ruling it could not ignore the non-compliance of the order made under that ruling. The court held that that order had a bearing on the provisions of section 3A of the Appellate Jurisdiction Act. The court remarked that the disobedience of the order had an impact on the management of the court resources.  The applicant was therefore in breach of section 1A (3) of the Civil Procedure Act and section 3A (3) of the Appellate Jurisdiction Act.

Judges of Appeal Githinji, Visram & Nyamu held that the fact that the order had since lapsed had not in any way eroded the relevance of the disobedience of the order to the operation of the overriding objective. The judges observed that the thrust of the applicant’s application under section 3A was substantially to seek similar orders to those it was granted in the High Court and failed to obey. They further states that under section 1A (3) the applicant had a duty to obey all court processes and orders and therefore, in their opinion, the applicant appearing before the court having abused the process in the High Court violated the overriding objective.

Since the applicant had not appealed against the order of stay on terms and had not challenged it in any way for instance, demonstrating that it was onerous or unjust but instead just ignoring the order, in the court view, ensured that the application fell outside the ambit of rule 5(2) (b) of the Court of Appeal rules and section 3A of the Civil Procedure Act and therefore made the application incompetent. However, the appellate court observed that the exercise of any original jurisdiction under the said sections of the law would be inappropriate where the lower court had exercised a parallel jurisdiction. In cases involving the said sections, it must be demonstrated that the jurisdiction of the lower court had not been properly exercised otherwise that would encourage the duplication of effort and poor management of the available resources.

The court chose to call the overriding principle the “oxygen principle” (O2 principle) because it intended to re-energize the processes of the courts and to encourage good management of cases and appeal.  The judges stated “Perhaps, it is appropriate for us to observe that litigants and their advocates should note that in “O2 principle”, they have a powerful ally where they are advancing its aims and a powerful adversary where they are bent on subverting its aims.”   The court reiterated that it was a requirement of the “O2 principle” that the exercise of any power under the Act or the rules must be in line with its principal aims

The Court of Appeal made reference to several of its previous decisions among them the case of Mradula Suresh Kantaria and Surech Nanillal Kaptaria where it observed that one of the principal purposes of the overriding objective was to enable the court to take case management principles to the centre of the court process in each case that came before it so as to conduct the proceedings in a manner that made the attainment of justice fair, quick and cheap.

The court in the present case went on to state that the advent of the “O2 principle” ushered in a new management culture of cases and appeals in a manner aimed at achieving the just determination of the proceedings; ensuring the efficient use of the available judicial and administrative resources of the courts; and results in the timely disposal of the proceeding at a cost affordable by the respective parties.

However, the court noted that the O2 principle posed a great challenge to the courts in both the exercise of the powers conferred on them and in interpreting them in a manner that best promoted good management practices in all the processes of the delivery of justice. This challenge may involve the use of an appropriate summary procedure where it was not previously provided for in the rules but the circumstances of the case called for it so that the ends of justice were met. That this may also entail redesigning approaches to the management of the court processes so that finality and justice were attained and decisions that ought to be made presently were not postponed to another day.

The court reaffirmed that the principle was certainly not going to be a magic potion as previously stated in the Kantaria case capable of solving all the problems in the civil justice system. It took the position that the best design for each matter would be determined on a case to case basis; and above all the attainment of the objective at least in the short term would depend on the skills, innovativeness and the commitment of the courts including the Rules Committee, which in its view had a special role in assisting the courts attain the objective by, for example, undertaking a continuous review of the rules so as to retain those that would serve the interests of the objective and shed off those that hindered the objective. 

The court cautioned that in the exercise of its powers under the “O2 principle” it needed to guard against any arbitrariness and uncertainties and for that reason, the court reiterated on the insistence on full compliance with past rules and precedents which are O2 compliant so as to maintain consistency and certainty. 

The court concluded that the disobedience of a court order that was intended for the same purposes being pursued by the applicant in the present application was a clear violation of the “O2 principle” and proceeded to dismiss it.


Download Full Text of This Judicial Opinion

 

 

SELECTED NOTICES FROM THE KENYA GAZETTE
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Gazette Notice Vol CXII No.37 Dated April 9,2010

GAZETTE NOTICE NO. 3463
THE STATE CORPORATIONS  ACT (Cap. 446)
THE NATIONAL HOSPITAL INSURANCE FUND (NHIF)

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 Republic of Kenya, appoint-

Richard Otieno Muga (Prof.)

to be Chairman of the National Hospital Insurance Fund (NHIF), for a period of three (3) years.

Dated the 24th March, 2010.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 3464
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA VETERINARY VACCINES PRODUCTION INSTITUTE (KEVEVAPI)
(L.N. 223 OF 1990)

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 Republic of Kenya, appoint-

JOSEPH O. MUSAA (DR.)

to be Chairman of the Kenya Veterinary Vaccines Production Institute (KEVEVAPI), for a period of three (3) years.

Dated the 24th March, 2020.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 3465
THE UNIVERSITIES ACT (Cap. 210B)
THE COMMISSION FOR HIGHER EDUCATION
APPOINTMENT

IN EXERCISE of the powers, conferred by section 4 (1) of the Universities Act, I Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint

Under section 4 (1) (b) –
Ezra K Maritim (prof.) – (Chairman)
Amb. Judith Mbula Bahemuka (Prof) – (Vice Chairman)

Under section 4 (1) (a)
Chacha-Nyaigoti Chacha (Prof.),
G. Obura Orao,
Naresha Metha,
Jane Ngige (Ms.),
Zacharia Mwaura,
Kevit Desai,
Benjamin Cheboi,
Shaukat Abdulrazak (Prof.),
Idle Farah (Dr.)
George A. O. Magoha (Prof.),
Mabel Imbuga (Prof.),
Freidah Brown (Prof.),
Dankit Naissiuma (Prof.),

to be Commissioners of Commission of Higher Education, for a period of five (5) years. The appointment of Prof. Kihumbu Thairu, is revoked.

Dated the 24th March, 2010.

MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 3466
THE BUSNIESS PROCESS OUTSOURCING/INFORMATION
TECHNOLOGY SERVICES (BPO/ITES) WORKING GROUP

APPONTMENT

IN EXERCISE of the powers conferred by section 4 (1) (a) of the national Accord and Reconciliation Act, the Prime Minister of the Republic of Kenya appoints-

SAMUEL KIPNGETICH SIGEI

To be a member of the Business Process Outsourcing/Information Technology Services working group, for a period of two (2) years, with effect from 31st March, 2010.

Dated the 31st March, 2010.

R.A. Odinga,
Prime Minister.

GAZETTE NOTICE NO. 3467
THE RATING ACT (Cap. 267)
THE MUNICIPAL COUNCIL OF SIAYA

APOINTMENT 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-

SARAH WANYANDE

As valuer to prepare the Draft Valuation Roll for Municipal Council of Siaya.

Dated the 29th March, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 3468
THE RATING ACT (Cap 267)
THE MUNICIPAL COUNCIL OF SIAYA

SITE VALUER RATE

IN EXERCISE of the powers conferred by section 4 (1) (b) of the Rating Act, the Deputy Prime Minister and Minister for Local Government approves adoption by the Municipal Council of Siaya of a “site value’ for purposes of the levying rates.

Dated the 29th March, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.

GAZETTE NOTICE NO. 3469
THE VALUATION FOR RATING ACT (Cap. 266)
THE MUNICIPAL COUNCIL OF SIAYA

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 Municipal Council of Siaya’s Resolution under Min. No. 9/2009 as follows;

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

Dated the 29th March, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 3470
THE VALUATION FOR RATING ACT (Cap. 266)
THE MUNICIPAL COUNCIL OF SIAYA

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 valuer 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 29th March, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.

GAZETTE NOTICE NO.3471
THE CHILDREN ACT
(Cap. 8 of 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 155 (1) and paragraph (b) of Ninth Schedule to the Children Act, the Minister of Gender, Children and Social Development appoints

IRENE WANJIRU WAGEMA

to be a member of the Adoption Committee, for a period of three (3) years, with effect from 19th March, 2010. The appointment of Bernard Muindi (Rev.)* is revoked.

Dated the 25th March, 2010.

E.M. MATHENGE,
Minister for Gender,
Children and Social Development.

*G.N. 5677/2008

GAZETTE NOTICE NO. 3472
THE NATIONAL COMMISSION ON GENDER AND
DEVELOPMENT ACT (No. 13 of 2003)

APPOINTMENT

IN EXERCISE of the powers conferred by section 5 (1) (j) of the National Commission on Gender and Development Act, 2003, the Minister for Gender, Children and Social Development appoints-

Naomy Wambui Wangai,
Tache Bonsa Gollo,

To be Board members of the National Commission on Gender and Development, for a period of three (3) years, with effect from 1st April, 2010.

Dated the 26th March, 2010.

E.M. MATHENGE,
Minister for Gender,
Children and Social Development.

GAZETTE NOTICE NO. 3473
THE STATE CORPORATIONS ACT (Cap. 446)
NYAYO TEA ZONES DEVELOPMENT AUTHORITY
(L.N. 165 of 1986)

APPOINTMENT

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

SOLOMON B. A MUTHAMIA

To be a member of the Board of Nyayo Tea Zones Authority, over a period of three (3) years, with effect from 6th April, 2010.

Dated the 30th March, 2010.

WILLIAM ARAP RUTO,
Minister for Agriculture

GAZETTE NOTICE NO. 3474
THE WATER ACT (No. 8 of 2002)
THE LAKE VICTORIA SOUTH WATER SERVICES BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by section 51 of the Water Act, 2002, the Minister for Water and Irrigation appoints –

George Ndonji- (Chairman)

Members:

Permanent Secretary, Office of Deputy Prime Minister and Ministry of                                                       Finance,
Permanent Secretary, Office of Deputy Prime Minister and Ministry of                                                       Local Government,
Permanent Secretary, Ministry of Water and Irrigation
James Bundi Morwabe,
Lukas N. Obondo,
Margaret A. Sewe,
Josphine Ombati,
John O. Onono,

to be members of the Board of Directors of Lake Victoria South Water Services Board, for a period of three (3) years, with effect from 6th April, 2010.

Dated the 30th March, 2010.

C.K. NGILU,
Minister for Water and Irrigation.

GAZETE NOTICE NO. 3475
THE WATER ACT (No. 8 of 2002)
THE WATER SERVICES TRUST FUND

APPOINTMENT

IN EXERCISE of the powers conferred by section 83 of the Water Act, 2002, the Minister for Water and Irrigation appoints-

PERIS TOBIKO

to be Trustee of the Water Services trust Fund, for a period of three (3) years, with effect from 6th April, 2010.

Dated the 30th March, 2010.

C.K. NGILU,
Minister for Water and Irrigation

GAZETTE NOTICE NO. 3476
THE WATER ACT (No. 8 of 2002)
THE LAKE VICTORIA NORTH WATER SERVICES BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by section 51 of the Water Act, 2002, the Minister for Water and irrigation appoints-

Margin Rogers – (Chairman),

Members;

Permanent Secretary, Office of Deputy Prime Minister and Ministry of Finance,
Permanent Secretary, Office of Deputy prime Minister and Ministry of       LocalGovernment,
Permanent Secretary, Ministry of Water and Irrigation,
Joel K. Tirment,
Harry Wamubeyi,
Joyce N. Othuoni,
Michael C. Lugalia,
Lorna L Kimaiga,

to be members of the Board of Directors of Lake Victoria North Water Services Board, for a period of three (3) years, with effect from 6th April, 2020.

Dated the 30th March, 2010.

C.K. NGILU,
Minister for Water and Irrigation.

GAZETTE NOTICE NO. 3477
THE EDUCATION ACT (Cap. 211)

AUTHORITY TO EXAMINE

IN EXERCISE of the powers conferred y section 21 (b) of the  Education At, the Minister for Higher Education, Science and Technology authorized the Kenya School of Monetary Studies, Registration Number MRTTT./PC/258/98 to examine and award the following Diploma and certificates:

Diploma in Business Science with following options-

  1. Banking and Financial Services.
  2. Islamic Financial Services.
  3. Organizational Development
  4. Business Information Technology
  5. Microfinance,
  6. Finance

Dated the 12th March, 2010.

S. J. KOSGEI,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 3478
THE HOTELS AND RESTAURANTS ACT (Cap. 494)

APPROVAL

IN EXERCISE of the powers conferred by section 19 (1) (b) of the Hotels and Restaurants Act, the Minister for Tourism approve that Catering and Tourism Development Levy Trustees establish, equip and control Ronald Ngala Utalii Academy for training persons employment in the hotels and restaurants

Dated the 25th March 2010.

NAJIB BALALA,
Minister for Tourism.

GAZETTE NOTICE NO. 3479
MINISTRY OF EAST AFRI CAN COMMUNITY

APPOINTMENT

IT IS notified that the Minister for East Africa Community has appointed-

EDWARD GACAU KARIUKI

as a member of the Task Force on the East African Community Common Market Legal Reforms , for a period of 45 days with effect from 23rd February, 2010.

Dated the 30th March, 2010.

A.J. KINGI
Minister for East African Community

GAZETTE NOITCE NO. 3480
THE KENYA MEDICAL TRAINING COLLEGE ACT (Cap. 261)

APPOINTMENT

IN EXERCISE of the powers conferred by section 9 (1) of the Kenya Medical Training College Act, the Minister for Medical Services appoints-

Noor Mohammed Ali (Dr.),
Nicodemus Hongo Omogo (Dr.),
Felicita Naet Olchurie,

To be members of the Kenya Medical Training College Board of Management, with effect from 25th March, 2010.

Dated the 25th March, 2010.

P.A. NYONG’O
Minister for Medical Services

GAZETTE NOTICE NO. 3481
THE VALUERS Act (Cap. 532)

APPOINTMENT

IN EXERCISE of the powers conferred by section 1 (a) of the schedule of valuers Act, the Minister for Lands appoints

ANTHONY MATENDE ITUI

to be the Chairman of the Valuers Registration Board, for a period of three (3) years, with effect from 1st July, 2009.

Dated the 30th March, 2010.

JAMES ORENGO,
Minister for Lands.

GAZETTE NOTICE NO. 3482
THE VALUERS ACT (Cap. 532)

APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 1 of the Schedule for the Valuers Act, the Minister for Lands appoints-

RUTH M. KIVIU

To be a member of the Valuers Registration Board, for a period of three (3) years, with effect from 1st July, 2009.

Dated the 30th March, 2010.

JAMES ORENGO,
Minister for Lands

GAZETTE NOTICE NO. 3483
THE VALUERS ACT(Cap. 532)

APPOINTMENT

IN EXERCISE of the powers conferred by section 5 of the Valuers Act, the Minister for Lands appoints-

TERESIA WAMBUI KIMONDIU

To be the Registrar of the Valuers Registration Board, for a period of three (3) years, with effect from 1st July, 2010.

Dated the 30th March, 2010.

JAMES ORENGO,
Minister for Lands

GAZETTE NOTICE NO. 3485
THE MOHAMMEDAN MARRIAGE AND DIVORCE
REGISTRATION ACT (Cap. 155)

APPOINTMENT

IN EXERCISE of the powers conferred by section 5 of the Mohammedan Marriage and Divorce Registration Act, the Attorney General appoitns

SHEIKH MOHAMEE MBWANA

To be an Assistant Registrar of Mohammedan Marriage and Divorces in the Nairobi area.

Dated the 31st March, 2010.

Amos Wako,
Attorney-General.

GAZETTE NOTICE NO. 3486
TASK FORCE ON THE IMPLEMENTATON OF THE SEXUAL
OFFENCES ACT (No. 3 of 2006)

APPOINTMENT

IT IS notified for the general information of the public that the Attorney-General has appointed-

MILLY ODONGO

To be an ex officio member of the Task Force on the Implementation of the Sexual Offences Act, 2006

Dated the 6th April, 2010.

AMOS WAKO,
Attorney-General

GAZETTE NOTICE NO. 3487
THE PUBLIC PROCUREMENT AND DISPOSAL ACT (No. 3 of 2005)

APPOINTMENT

IN EXERCISE of the powers conferred by section 140 of the Public Procurement and Disposal Act, 2005, the Permanent Secretary, Office of the Deputy Prime Minister and Ministry of Local Government appoints-

Mary M. A Owino,
Ezekiel Ohando,
D.V. Ashubwe,

to be the Chairperson, Deputy Chairman and Secretary of the Office of the Deputy Prime Minister and Ministry of Local Government Tender Committee.

Dated the 26th March, 2010.

F.K. MUSYIMI,
Acting Permanent Secretary

GAZETTE NOTICE NO. 3488
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 KamauNyoike,
Dominic Murage Marangi,
John Gichungwa Gikima,
Muringo Nyanjau Murungu(Ms.),

to be members of the Liquor Licensing Court.

Gazette Notice no. 2929 of 2010, is revoked.

Dated the 31st March, 2010.

J.M. MWIRIGI,
District Commissioner, Gatundu South

GAZETTE NOTICE NO. 3490
THE MARRIAGE ACT (Cap. 150)

APPOINTMENT

IN EXERCISE of the powers conferred by section 5 of the Marriage Act, and in pursuance of a delegation of such powers* under section 38 (1) of the Interpretation and General Provisions Act, the Registrar General appoints-

CHRISTOPHER SIELE

To be the Assistant District Registrar of Marriages for Kilifi District.

Dated the 22nd March, 2010.  

B.W. GACHEGU,
Registrar General.

*L.N. 186/63

GAZETTE NOTICE NO. 3491
THE MARRIAGE ACT (Cap. 150)

APPOINTMENT

IN EXERCISE of the powers conferred by section 45 of the Marriage Act, and in pursuance of a delegation of such powers* under section 38 (1) of the Interpretation and General Provisions Act, the Registrar General appoints

KATEE MWANZA

to be the District Registrar of Marriages for Kilifi District.

Dated the 22nd March, 2010.

B.W. GACHEGU,
Registrar General

*L.N. 186/63

GAZETTE NOTICE NO. 3492
THE MARRIAGE ACT(Cap. 150)

APPOINTMENT

IN EXERCISE of the powers conferred by section 45 of the Marriage Act, and in pursuance of a delegation of such powers* under section 38 (1) of the Interpretation and General Provisions Act, the Registrar General appoints

CAROLINE MBATHA MBAI

to be the District Registrar of Marriages for Nakuru District.

Dated the 22nd March, 2010.

B.W. GACHEGU.
Registrar General

*L.N. 186/63

GAZETTE NOTICE NO. 3493
THE MARRIAGE ACT (Cap. 150)

APPOINTMENT

IN EXERCISE of the powers conferred by section 45 of the Marriage Act, and in pursuance of a delegation of such powers* under section 38 (1) of the Interpretation and General Provisions Act, the Registrar General appoints

ALBERT GILBERT KIMATHI

To be the District Registrar of Marriages for Kilifi District.

Dated the 22nd March, 2010.

B.W. GACHEGU,
Registrar General

*L.N. 186/63

GAZETTE NOTICE NO. 3568
THE CONSTITUTION OF KENYA
THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT
(Cap. 7)
THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS (REGISTRATION OF ELECTORS) REGULATIONS
REGISTER OF ELECTORS TO BE REPLACED

CORRIGENDA

In Gazette Notice no. 2633 of 2010:

Page 647
Code: 001- Makadara Constituency

Insert the following-

Code: 015- Lumumba Social Hall

Polling Area – Hamza Lumumba

Local Authority – City Council of Nairobi

Page 673

Code : 032-Fafi Constituency

Delete Yumbis in Station Code 032/002 and insert Doi Mobile

Page 675

Dode: 033: - Ijara Constituency

Delete Harerider Vilalge Dam in Station Code 033/056 and insert Doi Mobile

After 033/057

Local Authority           Polling Area                Station Code                Station
County of Ijara           Hulugho                      033/058                       Harerider Village
                                                                                                            Dam

Page 687

Code: 049-Igembe South Constituency
047/025 Delete and insert Nkalune
047/037 Delete Kinnyaka and insert Nkinyanka
047/058 Delete Mpind and insert Mpanda

Page 690

Code: 049- Tigania West Constituency Tigania West

049/047 Delete Maanthi and insert Maanti
049/069 Delete KK Nkengesha and insert K.K Kengecia
049/003 Delete Chikuru and insert Chaikuru

Page 691

Code: 050 – Constutency Tigania East
050/001 Delete Tiringwi and insert Turingwi

Page 827

Code: 140- Constituency Tigania East

After 140/062 insert;

Local Authority           Polling Area    Station code                 Station

County of Olkejuado Meto                146/001                       Linkiito Primary School
County of Olkejuado Namanga         146/002                       Inarook-Lukuny Primary                                                                                                        School
County of Olkejuado  Namanga        146/003                       Olmaine Primary School
County of Olkejuado  Namanga         146/150                       Empukani Nursery School
County of Olkejuado  Namanga         146/151                       Oloolaroi Nursery School

Code 146- Kajiado South Constituency

Delete from the list, the following:
Local Authority           Polling Area    Station code                 Station

County of Olkejuado Namanga         146/060                       A.I.C. Primary School 
County of Olkejuado Meto                146/073                        Nairrabala Nursery School
County of Olkejuado  Namanga        146/074                       Karero Nursery School
County of Olkejuado  Namanga         146/175                       Noontoto Nursery School

 

Code: 145 – Kajiado Central Constituency

After 145/136 insert the following:

Local Authority           Polling Area    Station code                 Station

County of Olkejuado Meto                145/137                       Inkiito Primary School
County of Olkejuado Namanga         145/138                       Inarook-Lukuny Primary
                                                                                                School
County of Olkejuado  Namanga        145/139                       Olmaine Pr. School
County of Olkejuado  Meto               145/140                       Empukani Nursery School

Local Authority           Polling Area    Station code                 Station

County of Olkejuado Namanga         145/141                       Oloolaroi Nursery School
County of Olkejuado Namanga         145/142                        A.I.C Primary School
County of Olkejuado  Meto               145/143                       Nairrabala Primary School
County of Olkejuado  Namanga         145/144                       Karero Nursery School
County of Olkejuado  Namanga         145/145                       Noontoto Nursery School

Page 873
Code: 172- Kanduyi Constituency

After 172/080 insert the following:

Local Authority                       Polling Area    Station code                 Station
Municipality of Bungoma       Musikoma       172/081                       Sibembe ECD                                                                                                                                     Nursery School
Municipality of Bungoma       Musikoma       172/082                       Okanya Nursery                                                                                                                      School
Page 874

Code: 173-Bumula Constituency

Delete from the list, the following:

Local Authority           Polling Area    Station code                 Station
County of Bungoma   Khasoko          173/071                       Sibembe ECD Nursery                                                                                                           School
County of Bungoma   Khasoko          173/072                       Okanya Nursery School

Dated the 7th April, 2008.

A.I HASSAN
Chairman
Interim Independent Electoral Commission

O.J. H. OSWAGO
Chief Electoral Officer
Interim Independent Electoral Commission 


GAZETTE NOTICE NO. 3569
THE CONSTITUTION OF KENYA
THE NATIONAL ASSEMBLY AND PRESIDENTIAL
ELECTIONS ACT
(Cap. 7)

THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS
(REGISTRATION OF ELECTORS) REGULATIONS

IN EXERCISE of the powers conferred by section 41A of the Constitution of Kenya and in Accordance with the second schedule of the presidential and Parliamentary Elections Regulations, paragraph 1, the Interim Independent Electoral Commission appoints the following person to be members of the Language Board and language Appeals Board, for the purpose of section 34 (c ) of the Constitution.

The appointments shall take effect from 4th April, 2010 to 23rd April, 2010, which is the final date of formal nomination for parliamentary candidates.

Language Board – Ministry of Education Headquarters, New Jogoo House “B”,                            6th Floor, Room Nos 607.

Enos O. Oyaya – (Chairman)

Members
Mohammed Mwinyipembe
Susan Njau,
Musa Wambua.
Susan Kapule

Language Appeals Board – Ministry of Education Headquarters, New Jogoo House           “B”, 6th Floor, Room Nos 607

George I. Godia (Prof)- (Chairman).

Members
Kiragu Magochi.
Agnes Odawa.
John Temba.
Salome Wenyaa.

Dated the 6th April, 2010.

A.I Hassan
Chairman
Interim Independent Electoral Commission

O.J.H. OSWAGO
Chief Electoral Officer,
Interim Independent Electoral Commission

GAZETTE NOTICE NO. 3570
THE CONSTITUTION OF KENYA
THE LOCAL GOVERNMENT ACT (Cap. 265)
COUNTRY COUNCIL OF MAKUENI

DECLARATION OF ELECTED COUNCILLOR- MULALA/EMALI
ELECTORAL AREA

IN EXERCISE of the powers conferred by s section 41A of the Constitution of Kenya and pursuant to a Court decree dated 17th July 2009 issued under section 61 of the Local Government Act, the Interim Independent Electoral Commission gives notice that the Election of Albernus Kyongoi Mule as councilor has been revoked and in place thereof Allois Mwaiwa Muia declared the elected councilor for Mulala/Emali electoral area.

Dated the 6th April, 2010.

A.I HASSAN
Chairman,
Interim Independent Electoral Commission

GAZETTE NOTICE NO. 3571
THE COPYRIGHT ACT (No. 12 of 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 39 (1) of the Copyright Act, 2001, the Kenya Copyright Board appoints-

SNR. SGT. EMILY CHERUIYOT

to be a copyright inspector, with effect from 9th December, 2009.

Dated the 25th March, 2010.

MARISELLA OUM A
Executive Director,
Kenya Copyright Board.

HENRY CHAKAVA,
Chairman
Kenya Copyright Board

GAZETTE NOTICE NO. 3742
THE MEDIA ACT (No. 3 of 2007)

SUBSCRIPTIONS IN RESPECT TO ALL JOURNALISTS
OPERATING IN KENYA

NOTICE IS given that pursuant to section 19 (1) of the Media Act, 2007, the Media Council of Kenya, a regulatory body established by the Media Act, 2007, all journalists operating in Kenya are required to pay subscriptions for each subsequent year with effect from 1st January, 2010 as follows:

Category                                                                     Amount Ksh

Local Journalists and correspondents                          2,000
Foreign Journalists operating in Kenya                       10,000
Foreign journalists on short term assignments (upto
Three months)                                                              5,000
Students                                                                           300

Dated the 29th March, 2010.

WACHIRA WARURU
Chairman
Media Council of Kenya

GAZETTE NOTICE NO. 3749
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 STATION ON PLOT L.R. NO. DAGORETI/RIRUTA/1795 LOCATED ALONG NGONG ROAD IN RIRUTA LOCATION, DAGORETTI DIVISION,
NAIROBI WEST 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 proposed petrol station.

The proposed development involves construction of a petrol station comprising of two shops, a service bay, tyre centre, car wash area, parking area, three pump islands under a canopy, a kerosene pump and four underground fuel tanks.

The project site will be on plot L.R. No. Dagoretti/Riruta/1795 along Ngong Road in Ng’ando Sub-location, Riruta Location, Dagoretti Division, Nairobi West 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, 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. 3751
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 HELLER PETROLEUM LTD AT MODIKAR TOWNSHIP WITHIN GARISSA MUNICIPA COUNCIL

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 Heller Petroleum Limited At Modakar Township within Garissa Municipal Council.

The proponent intends to develop a petroleum fillings station which is meant to provide and supply of bulk petroleum products and other services that go with this type of activicy. The proposed project is situated in Garissa Town on Plot NO. block 1/183 and 184, along Kismayu Road and opposite Armed Forces Military Camp across 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, North Eastern Province.
  4. District Environment Office, Garissa 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. 3752
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED ELDORET-KITALE 132KV TRANSMISSION LINE

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 Eldoret-Kitale 132kv transmission line.

The proposed development will involve construction of a new single circuit 132kV transmission line between Eldoret- Kitale Power transmission, comprising the following;

  • 132 kV line Eldoret – Kitale, 65 km

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, Western  Province.
  4. District Environment Office, Lugari  District.
  5. District Environment Office, Uasin Gishu 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. 3753
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MUMIAS-RANGALA-KISUMU 132kv TRANSMISSION LINE

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 Mumias-Rangala-Kisumu 132kv transmission line.

The proposed development will involve construction of a new single circuit 132kv transmission line from Mumias Sugar Company through Rangala to Kisumu Mamboleo substation power transmission, comprising the following:

  • 132 kV line Mumias-Rangala_Kisumu, 97 km

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, Western Province.
  4. District Environment Office, Nairobi Siaya District.
  5. District Envirnoment Office, Butere/Mumias 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 Nos. 18 and 19
Bills 2010

The Wildlife (Conservation and Management) (Amendment) Bill, 2010
The Tea (Amendment) Bill, 2010

SUPPLEMENT NO. 20
Legislative Supplement

LEGAL NOTICE NO.
40- The Traffic Act - Exemption

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