KLR WEEKLY e-NEWSLETTER |
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| Issue 101| Newsletter Archive | Friday 16th April 2010 | |
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STATE TO PAY COMPENSATION TO NYAYO HOUSE TORTURE-CHAMBER VICTIM Wachira Weheire -vs- The Attorney General [2010] eklr (www.kenyalaw.org) “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.” 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. |
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Gazette Notice Vol CXII –No.38 . April 16,2010 GAZETTE NOTICE NO. 3770 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, ![]() GAZETTE NOTICE NO. 3771 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, ![]() GAZETTE NOTICE NO. 3772 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, ![]() GAZETE NOTICE NO. 3773 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 ![]() GAZETTE NOTICE NO. 3774 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, 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, ![]() GAZETTE NOTICE NO. 3775 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, 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, GAZETTE NOTICE NO. 3775 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, 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, ![]() GAZETTE NOTICE NO. 3777 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 Dated the 7TH April, 2010. NJUGUNA S. NDUNGU, ![]() GAZETTE NOTICE NO. 3778 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), 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 ![]() GAZETTE NOTICE NO. 4032 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. Nature of complains No. of complaints (a) Failure to account 5 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 TOTAL 279 Preliminary Enquiry (PE) Complaints
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 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 ![]() GAZETTE NOTICE NO. 4034 IN THE CHIEF MAGISTRATE’S COURT AT NYERI INTENDED DESTRUCTION OF COURT RECORDS IN ACCORDANCE with the Records Disposal (Courts) Rules, notice Criminal cases 1957-2000 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, ![]() GAZETTE NOTICE NO. 4035 INTENDED DESTRUCTION OF COURT RECORDS IN ACCORDANCE with the Records Disposal (Courts) Rules, notice Criminal cases 2002-2006 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 ![]() GAZETTE NOTICE NO. 4036 IN ACCORDANCE with the Records Disposal (Courts) Rules, notice Criminal cases 1981-2004 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, ![]() GAZETTE NOTICE NO. 4037 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, 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, ![]() GAZETTE NOTICE NO. 3749 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:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN ![]() GAZETTE NOTICE NO. 3750 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:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN ![]() GAZETTE NOTICE NO. 3751 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:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN ![]() GAZETTE NOTICE NO. 3752 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;
The project anticipates the impacts and mitigation measures set out in the gazette. The full report of the proposed project is available for inspection during working hours at:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN ![]() GAZETTE NOTICE NO. 3753 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:
The project anticipates the impacts and mitigation measures set out in the gazette. The full report of the proposed project is available for inspection during working hours at:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN GAZETTE NOTICE NO. 4046 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:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN GAZETTE NOTICE NO. 4047 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 full report of the proposed project is available for inspection during working hours at:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN GAZETTE NOTICE NO. 4048 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:
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:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN GAZETTE NOTICE NO. 4049 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:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN GAZETTE NOTICE NO. 4050 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:
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 SUPPLEMENT NO. 21 LEGAL NOTICE NO. 41- The Kenya information and Communications Act – Transfer of Liability SUPPLEMENT No. 22 The Supplementary Appropriation Bill, 2010
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Kenya Law Weekly Issue 101/2010
16 April 2010
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