KLR WEEKLY e-NEWSLETTER
 

| Issue 101| Newsletter Archive | Friday 16th April 2010 |

 
   
 
 
CASE OF THE WEEK
 

STATE TO PAY COMPENSATION TO NYAYO HOUSE TORTURE-CHAMBER VICTIM
Reported by Mukaindo Petronella
Advocate                                   

Wachira Weheire -vs- The Attorney General [2010] eklr (www.kenyalaw.org)
High Court of Kenya at Nairobi
G. Dulu, H. M. Okwengu (JJ)
April 16th, 2010

“The State has a duty in its legal system to ensure that victims of acts of torture obtain redress and adequate compensation…the Constitution of Kenya recognizes the dignity of all persons and entitles any victim of breach of fundamental rights to damages.”
The High Court has ordered that the State pay a sum of Kshs 2.5 million to Mr. Wachira Weheire as compensation for torture inflicted upon him by State agents in the mid 1980’s. In arriving at its decision, the court found that his right to personal liberty under the Constitution had been violated when he was held at Nyayo House by police officers for more than 24 hours  and subjected to torture, inhuman and degrading treatment contrary to sections 72 (3)(b) and  74 (1) of the Constitution. It observed that there was no limitation period for seeking redress for violation of fundamental rights and freedoms of the individual under the Constitution of Kenya and as such, Mr. Weheire’s claim was not time barred. 

 The facts before the court were that Mr. Weheire was arrested on 2nd December, 1986 while at his place of work and locked up at Jogoo Road Police Station. He was later taken to Nyayo House Basement where he was held for 16 days and subjected to various acts of physical, mental and psychological torture. He was subsequently arraigned in the Chief Magistrate’s Court at Nairobi on 17th December, 1986, on charges of taking an illegal oath and failure to prevent a felony and convicted on his own plea of guilty. Mr. Weheire appealed to the High Court in 1987, which appeal was rejected. In October 2003, he then filed a constitutional reference under section 84 of the Constitution and the Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001 alleging breach of his fundamental rights and freedom.

Mr. Weheire averred that that he was confined at Nyayo House basement where he was tortured. He alleged that the acts that he was subjected to of being kept hungry and without sleep for several days, being physically assaulted by being kicked, whipped and burned with cigarettes, pricked with pins, hose piped and placed naked in water-logged cells, were all cruel and degrading treatment and therefore constituted a violation of section 74(1) of the Constitution.

Mr. Weheire explained that he was confined in prison until August, 1989 when he was released and that upon his release, he could not immediately lodge his claim until after the year 2002, when elections were held and there was a change in Government. He relied on an earlier decided case of Dominic Arony Amolo –vs- the Attorney General in which the High Court asserted that claims under the Fundamental Rights and Freedom in the Constitution could not be interpreted subject to the restrictions imposed by the Limitation of Actions Act.

In objecting to Mr. Weheire claim, the State submitted that the matters complained of by him could be adequately adjudicated upon by the Truth, Justice, and Reconciliation Commission. The State reiterated that in enacting the Truth Justice and Reconciliation Commission Act, Parliament was concerned that some of the transgressions against the country and its people could not be properly addressed by the judicial institutions due to procedural and other hindrances and that this constituted such a case.
The State asserted that there was inordinate delay and acquiescence by Mr. Weheire and that his claim was stale having been made after 17 years. It argued that the complaints being tortuous in nature should have been brought within twelve months from the date on which the cause of action accrued as provided for under section 3 of the Public Authorities Limitation Act. Thus, the State concluded, Mr. Weheire had slept on his rights.

The State referred the court to the case of Peter Ngari Kagume & others vs the Attorney General, where it was stated that a person whose constitutional rights had been infringed should have some zeal and motivation to enforce his or her rights and that in litigation of any kind, time was essential as evidence may be lost or destroyed and that was possibly the wisdom of time limitation in filing cases. 
The State claimed that Mr. Weheire having been arraigned in court ought to have raised the issues regarding the violation of his rights at that stage and that having been tried by a court of competent jurisdiction and the High Court having dismissed his appeal, the High Court was functus officio. The State further submitted that since he was convicted on his own plea of guilty, he had acquiesced to the magistrate’s decision by appealing against the decision instead of challenging the constitutionality of the proceedings.

On the issue of limitation of time, the court found that although there was need to bring proceedings to court as early as possible in order that reliable evidence be brought to court for proper adjudication, there was no limitation period for seeking redress for violation of the fundamental rights and freedoms of the individual under the Constitution of Kenya.  The court was persuaded by the case ofDominic Arony Amolo vs Attorney General in which the plaintiff’s claim that was filed in the 2003, more than 20 years after the cause of action arose, was allowed. Furthermore, the court bore in mind that the elections held in 2002 and the consequent wave of change in the country were a historical fact and thus, Mr. Weheire’s explanation for the delay was not unreasonable.

The court invoked section 3 of the Constitution which provided that the Constitution had the force of law throughout Kenya, and that if any other law was inconsistent with it, the Constitution should prevail. It was the court’s view therefore that the provisions of the Public Authorities Limitations Act limiting the period for initiating actions against public authorities was inconsistent with the Constitution to the extent that it limited a party’s rights to seek redress for contravention of his fundamental rights. It concluded that the Act could thus not override the Constitution as it could not be used to curtail rights provided under the Constitution.  

The Court ruled that although the issue of the contravention of Mr. Weheire’s constitutional rights could have been raised before the trial magistrate and referred to the High Court for determination, this was not mandatory and that he had the alternative of filing an application directly to the High Court as he did.
 
The court however concurred with the State’s submission that Mr. Weheire relinquished his rights by submitting to a plea of guilty and further acquiesced in the Chief Magistrate’s decision by appealing from that decision instead of challenging the constitutionality of the proceedings. 
As regards the issue as to whether the claim should have been referred to the Truth, Justice and Reconciliation Commission (TJRC), the court observed that Mr. Weheire had come before it seeking redress for specific violation of his fundamental rights under the Supreme Law of the land and that nothing had been laid before it to show that there was any hindrance, procedural or otherwise. The court affirmed that it not only had powers to deal with the issue of violation of constitutional rights, but that it was also under a responsibility to uphold the Constitution of Kenya. Therefore it found no reason to abdicate that responsibility to an inferior Tribunal such as the TJRC. 
After analyzing all the facts and evidence before it, the court came to the conclusion that the facts deponed to by Mr. Weheire provided a sufficient base for his claim regarding the infringement of his rights under the Constitution. It held that his constitutional right to personal liberty under the Constitution was violated when he was put in confinement at the Nyayo House Basement for a period of 16 days, and that his rights to protection against torture, degrading and inhuman treatment were also violated when he was subjected to physical, mental and psychological torture.

The court found that since Mr. Weheire was arrested and held by police officers who were agents of the State and suffered the violation of his fundamental rights at their hands, the State had to take up responsibility for their actions and awarded a monetary compensation of Kshs.2.5 million to Mr. Weheire in general damages.


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SELECTED NOTICES FROM THE KENYA GAZETTE
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Gazette Notice Vol CXII –No.38  . April 16,2010

GAZETTE NOTICE NO. 3770
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA UTALII COLLEGE

APPOINTMENT

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

BONIFACE MGANGA

to be non-executive Chairman of Kenya Utalii College for a period of three (3) years.

Dated the 1st April, 2010.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 3771
THE STATE CORPORATIONS ACT (Cap. 446)
KENYA TOURIST DEVELOPMENT CORPORATION

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

MOHAMMED ABDULLAHI SHAIYA

To be non-executive Chairman of the Kenya Tourist Development Corporation for a period of three (3) years.

Dated the 1st April, 2010.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 3772
THE STATE CORPORATIONS ACT (Cap. 446)

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-

EUNICE W. KAGANE

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

Dated the 26th March, 2010.

MWAI KIBAKI,
President

GAZETE NOTICE NO. 3773
THE KENYA REVENUE AUTHORITY ACT (Cap. 469)
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (2) of the Kenya Revenue Authority Act, I, Mwai Kibaki, President and Commander-in-Chief OF THE Armed Forces of the Republic of Kenya, appoint –

MAJOR MARSDEN MADOKA

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

Dated the 26th March, 2010.

MWAI KIBAKI
President

GAZETTE NOTICE NO. 3774
THE STATE CORPORATIONS ACT (Cap 446)

APPOINTMENT

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

Kamotho Waiganjo,
Mohamed Shidiye,

to be members of the Board of the Consolidated Bank of Kenya Limited, 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. 3775
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE COUNTY COUNCIL OF MAKUENI

APPOINTMENT

IN EXERCISE of the powers conferred by sections 231 (1) and 245 (1) of the Local Government Act, the Deputy Prime Minister and Minister for Local Government appoints-

Peter Ochieng Bando,
Amos Omari,

To conduct an extraordinary inspection of  the accounts and records and to conduct investigations, researchers and inquiries into the general administration and financial management of the County Council of Makueni.

Dated the 6th April, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 3775
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE COUNTY COUNCILOF MAKUENI

APPOINTMENT

IN EXERCISE of he powers conferred by section 231 (1) and 245 (1) of the Local Government  Act, the Deputy Prime Minister and Minister for Local Government appoints-

Peter Ochieng Bando,
Amos Omari,

to conduct an extraordinary inspection of the accounts and records and to conduct investigations, researchers and inquiries into the general administration and financial management of the County Council of Makueni

Dated the 6th April, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 3777
THE MICROFINANCE ACT (No. 19 of 2006)

SPECIFICATION OF DEPOSIT TAKING MICROFINANCE INSTITUTION

IN EXERCISE of  the powers conferred by regulations 8 (1) of the Microfinance (Deposit-Taking Microfinance Institutions) Regulations, 2008, the Central Bank of Kenya specifies the deposit-taking institution set out in the schedule hereto as licensed to carry out nationwide deposit-taking microfinance business in Kenya.

SCHEDULE

THE KENYA FINANCE TRUST DEPOSIT-TAKING MICRO
FINANCE LIMITED

Dated  the 7TH April, 2010.

NJUGUNA S. NDUNGU,
Governor, Central Bank of Kenya

GAZETTE NOTICE NO. 3778
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE EMBU TRADE DEVELOPMENT JOINT BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the Local Government (Embu Trade Development Joint Board) Order, 1966, upon the Minister for Local Government and in pursuance of a direction given under section 38 (1) of the Interpretation and General Provision Act (Cap. 2), the Permanent secretary, Ministry of trade, appoints

Kennedy Murithi Nyaga- (Chairman),
District Commissioner, Embu West- (Ex officio),
District Trade Development Officer, Embu, - (Secretary),
Dionisia Marigu Ireri,
Chairman, Kenya National Chamber of Commerce and Industry,
            Embu Branch,

to be members of the Embu Trade development Joint Board for a period of three (3) years.

Gazette Notice No. 1210 of 2006, is revoked.

Dated the 30th March, 2010.

ABDULRAZAQ A. ALI
Permanent Secretary,
Ministry of Trade

GAZETTE NOTICE  NO. 4032
THE ADVOCATES ACT
THE COMPLAINTS COMMISSION

77TH QUARTERLY REPORT

1. Pursuant to sections 53 (9) of the Advocates Act and 12 ( 1) of the Advocates (Complaints Commission) Rules 1991, it is notified for general information that between 1st January, 2010 and 31st March, 2010, the Commission received a total of two hundred and six (206) new complaints out of which forty-two (42) were classified and files opened. One hundred and sixty-four (164) were submitted for further enquiry under Preliminary Enquiry initiative.
2. The nature of new complaints is as shown below:

Nature of complains                                        No. of complaints

(a) Failure to account                                       5
(b) Failure to keep client informed                  0
(c) Failure to render professional services       11
(d) With holding funds                                   21
(e) Issuing dishonoured cheques                       1
(f) Delay                                                            1
(g) Others                                                          3

Total                                                                42

3. Complaints filed against advocates/firms of advocates were disposed of in the following manner:

Classified Complaints                                     No. Of Complaints

(a) Abandoned                                                            167
(b) Settled                                                                     32
(c)  No Misconduct disclosed                                       68
(d) Dismissed                                                                  1
(e) Withdrawn                                                                 2
(f) Others                                                                        9     

TOTAL                                                                       279

Preliminary Enquiry (PE) Complaints

  • Total numbers of Preliminary Enquiry (PE) complaints were one hundred and sixty-four (164)
  • Total number of complaints settled under the Preliminary Enquiry (PE) was one hundred and eight (108) 

4. The matters referred to the Disciplinary Committee (DC) during the same period for further action and in accordance with section 57 (1) of the Advocates Act were forty(40)

5. During the same period a further twenty (20) cases were disposed off as follows:

                                                                                                No. of complaints
(a) Advocates struck off the Roll of Advocates                    3
(b) Advocates Fined                                                               1
(c) Advocates Acquitted                                                        2
(d) Settled (matters resolved)                                                 17
(f) Withdrawn                                                                           2
(g) Dismissed                                                                          1
(h) Others                                                                                1

 TOTAL                                                                                  27

6. In pursuant to section 53 (4) and in the spirit of section 53 (5) of the Advocates Act, thirty-three (33) complaints were settled amicably by the Advocates Complaints Commission.

Dated the 1st April, 2010.

JOSEPH KING’ARUI
Chairman

GAZETTE NOTICE NO. 4034
THE RECORDS DISPOSAL (COURTS) RULES

(Cap. 14, Sub. Leg.)

IN THE CHIEF MAGISTRATE’S COURT AT NYERI

INTENDED DESTRUCTION OF COURT RECORDS

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

Criminal cases                                     1957-2000
Traffic cases                                        2000-2002
Civil cases                                           1950-1993
Workmen’s compensation                   1964-1991

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

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

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

Dated the 11th March, 2010.

STELLA MUKETI,
Chief Magistrate, Nyeri

GAZETTE NOTICE NO. 4035
THE RECORDS DISPOSAL (COURTS) RULES
(Cap. 14, Sub. Leg.)
IN THE SENIOR RESIDENT MAGISTRATE’S COURT AT WEBUYE

INTENDED DESTRUCTION OF COURT RECORDS

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

Criminal cases                                     2002-2006
Civil cases                                           1993-1997
Traffic cases                                        2002-2006
Miscelleneous criminal cases up to 2006

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

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

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

Dated the 12th March, 2010.

L.ARIKA
Senior Resident Magistrate, Webuye

GAZETTE NOTICE NO. 4036
THE RECORDS DISPOSAL 9COURTS) RULES
(Cap. 14, Sub. Leg.)
IN THE SENIOR RESIDENT MAGISTRATE’S COURT AT TAWA
INTENDED DESTRUCTION OF COURT RECORDS

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

Criminal cases                                     1981-2004
Traffic cases                                        1985-2004

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

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

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

Dated the 7th April, 2009. 

B.M. MARARO,
Chief Magistrate, Tawa

GAZETTE NOTICE NO. 4037
THE COUNCIL OF LEGAL EDUCATION (KENYA SCHOOL OF LAW) REGULATIONS, 2009

ADMISSION

PURSUANT  to regulation 13 of the Council of Legal Education (Kenya School of Law) Regulations, it is notified that the following twelve (12) persons:

Fuchaka, Angela,
Koskey, Oliver,
Maithya, Chrispus Nyumu,
Mugeria, Silas Dominic,
Mwatha, Anne Waruguru,
Mwaura, Christopher Ruo,
Ndung’u, James Nugi,
Nyamwamu, Miriam Moraa,
Ochieng, Emma Benadate Ogola,
Okato, Justine Amateshe Oluchina,
Osendo, Rachel,
Sawe, Luka Kipkemoi,

have complied with the provisions of section 13 of the Advocates Act as to pupilage and the passing of examinations subject to such exemptions as may have been granted under subsection (2) of the section.

Dated the 6th April, 2010.

W. KULUNDU-BITONYE,
Director/Chief Executive and
Secretary, Council of Legal Education.

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. 3750
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED STORAGE AND TRUCK LOADING FACILITIES ON PLOT NO. 209/14025 IN NAIROBI INDUSTRIAL 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 proposed development of storage and truck loading facilities.

The proposed project will entail development of a Storage and Truck Loading Facilities with the following infrastructure; Tank Farm  with nine Above Storage Tanks and bund wall, An oil water separators, Pumps house, off-Loading Bay, 3-storey office block, Fire pump/ foam shed, Fire water tank, Workshop Room, Sentry house, Masonry wall, 3 product loading gantries, and access road.

The proposed project site is located on Plot No. 2091/14025 off Tanga Road; Between KPC Nairobi Terminal and Jogoo Road, Nairobi East 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 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. 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 Modikar 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 activity. The proposed project is situated in Garissa Town on Plot NO. block 1/183 and 184, along Kismayu Road and opposite the Kenya Armed Forces Military Camp across the 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  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, Nyanza Province.
  4. Provincial Director of Environment Western Province.
  5. District Environment Office, Kisumu District
  6. District Environment Office, Siaya District.
  7. District Environment 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

GAZETTE NOTICE NO. 4046
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 318 MAISONETTES ON L.R No. 12867/23, MAVOKO MUNICIPALITY,
MACHAKOS 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 housing development.:

The proposed project intends to complete work on the River Park Estate by putting up some 318 four bedroomed maissonettes in addition to the 51 three bedroomed bungalows currently under construction in the Estate (River Park Estate), Mavoko.

The full report of the proposed project is available for inspection during working hours at:
(a) Director- General, the National Environment Management Authority (NEMA)                   Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi

  1. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  2. Provincial Director of Environment, Eastern  Province.
  3. District Environment Office, Nairobi Machakos 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. 4047
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED SETTING APART FO 50,000 HECTARES OF TRUST LAND FOR JATROPHA CULTIVATION IN BUNGALE AREA, COUNTY COUNCIL OF MALINDI

 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 Jatropha cultivation.:

The proponent of the proposed project intends to lease 50,000 Ha of land from the County Council of Malindi to support the cultivation of Jatropha for an initial period of 33 years.
The project site is situated about 120km north of Mombasa and approximately 27km to the North West of Malindi town and in the newly created Marafa District (formerly Malindi District.

The full report of the proposed project is available for inspection during working hours at:
(a) Director- General, the National Environment Management Authority (NEMA) Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F,  Community, P.O Box 30521,Nairobi.

  1. Provincial Director of Environment, Coast  Province.
  2. District Environment Office, Nairobi 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.

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

GAZETTE NOTICE NO. 4048
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED UNIVERSITY OF AIR TRAVEL AND RELATED STUDIES ON LR. NOs. 11916/18, 11916/19 & 12252/24, 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 University of Air Travel and Related Studies.

The proposed project entails construction of the following:

  1. Administration and academic block
  2. Ladies hostel blocks, Men’s hostel blocks
  3. Dinning hall and auditorium, Students’ centre, Graduation square
  4. Staff quarters (principal and senior staff resident).
  5. Garage
  6. Sports field (site for future expansion)
  7. Cold water storage tanks to specification.
  8. Strip foundation on solid ground
  9. All openings to habitable rooms to have permanent vents (P.V).
  10. Water metre to be 300mm above G.L.
  11. 200 mm thick smooth dressed masonry wall with fair faced recessed horizontal joints.
  12. Dump proof course under all walls 150mm above G.L

The project is located about 3 km. off Dagoreti road through Rhino Park road on LR. Nos. 11916/18, 11916/19 and 12252/24, Karen/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:
(a) Director- General, the National Environment Management Authority (NEMA)      Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi

  1. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  2. Provincial Director of Environment, Nairobi  Province.
  3. 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. 4049
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED TRANSMISSION LINE 132 kv LESSOS-KABARNET-NYAHURURU-NANYUKI

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 Lessos-Kabarnet-Nyahururu-Nanyuki 132kV transmission line. 

The proposed development will involve construction of a new single circuit 132kV transmission line between Lessos-Kabarnet-Nyahururu-Nanyuki covering 235km.

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, Laikipia 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. 4050
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED SHREEJI SILICATE PLANT ON LR NO. 548/V/MN MIRITINI, MOMBASA 

 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 silicate plant.

The proposed project will include construction of a godown, installation equipment including furnace to produce sodium silicate through the thermal process with a solid (cullet) product that is easy to handle and transport.

The proposed project site is within a fast growing industrial area located approximately 7 km from Mombasa city centre along Mombasa-Nairobi Highway on LR No. 548/V/MN, Miritini, Mombasa.

The full report of the proposed project is available for inspection during working hours at:
(a) Director- General, the National Environment Management Authority (NEMA)                   Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi

  1. Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
  2. Provincial Director of Environment, Coast Province.
  3. District Environment Office, Mombasa 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. 21
Legislative Supplement

LEGAL NOTICE NO.

41- The Kenya information and Communications Act – Transfer of Liability
42- The Transfer of Assets by the Postal Corporation of Kenya to the Postal Corporation of Kenya Pension Scheme Order, 2010
43- The films and Stage Plays (Film Censorship) (Amendment) Regulations, 2010
44- The Privileges (The World Vision International Order, 2010
45-The Public Service Commission (Amendment) Regulations, 2010

SUPPLEMENT No. 22
Bills, 2010

The Supplementary Appropriation Bill, 2010
(Published as Special Issue on 13th April, 2010)

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