KLR WEEKLY e-NEWSLETTER
 

| Issue 104| Newsletter Archive | Friday 30th April 2010 |

 
   
 
 
CASE OF THE WEEK
 

COURT HOLDS BEER MANUFACTURER LIABLE FOR INJURY CAUSED ON CONSUMPTION OF ITS PRODUCT

By Linda Awuor Ochieng – Advocate
April 2010
Nairobi

“It is not usual for bottled beer to have foreign particles inside it whether harmless or harmful.  The presence of those particles must have been due to either negligence on the part of the appellant during the manufacturing process or the particles were introduced into the bottles subsequently.”

Kenya Breweries Ltd v Godfrey Odoyo [2010] eKLR (www.kenyalaw.org)
Court of Appeal, at Nairobi
Bosire, Onyango Otieno & Nyamu (dissenting) JJ A
April 16, 2010

The Court of Appeal in a majority judgment reaffirmed the principle that manufacturers owe a duty of care to consumers who purchase and use their products. The court dismissed an appeal against a court order granting damages to a consumer for injuries caused by consuming a beer, Tusker Malt Lager, a product, by the Kenya Breweries Limited (appellant).

Mr. Godfrey Odoyo, the respondent in this appeal, on the 23rd June 23 2000 at around 11 pm, went to a bar in Mathare and asked for Tusker Malt Lager.  The appellant ordered all the three remaining beers from the bar. The beer was brought to his table unopened.  He drank the first bottle without incident. Halfway through the second bottle, he noticed black particles inside the surface.  He shook the bottle to see if the particles would dissolve but they did not.  He then examined the unopened bottle and noticed similar particles in that bottle.  He rushed to the bathroom to clean his mouth and while there, he began to throw up.   Immediately thereafter, he rushed to a nearby health clinic, taking with him both the opened and the unopened bottles of beer.  He continued throwing up at the clinic and began to suffer from diarrhoea.  He was treated, and discharged.  When he got better, Mr. Odoyo submitted the unopened beer bottle to the Kenya Bureau of Standards (KBS) for examination and analysis.  KBS found that the beer contained foreign particles which did not comply with the required specifications and that it was not fit for human consumption.

On the basis of the above facts, the lower court gave judgment against KBL and awarded Mr. Odoyo Kshs.91,990 in general and special damages. KBL appealed to the High Court against the decision but Justice Visram (as he then was) upheld the decision on liability and special damages, but reduced the amount of general damages bringing the entire amount to Kshs.41,990.

The appellant’s advocate, Mr. Lutta, submitted to the Court of Appeal because the bottle which was submitted for analysis was not the same bottle consumed by the respondent, there was no evidence it connected to the respondent.  Mr. Lutta contended, the principles enunciated in the well known case of Donoghue vs. Stevenson, where injury arose from drinking the content of a manufactured bottle that contained a snail, were first that there had to be a duty of care to the respondent by the appellant, secondly, breach of that duty had to be established, and thirdly that it had to be proved that respondent suffered as a result of the breach of that duty.  It was further submitted, that the report by KBS was improperly obtained because the law required such a test to be carried out only on the request of the relevant the Minister. In the instant case the test was requested done at behest of an advocate. Thus, the certificate of analysis was not a competent authority for proof of the contents of the bottle.   In his submission, the beer should have been tested under section 30of the Food and Chemical Substances Act.

Mr. Odoyo’s advocate argued that the KBL did not deny the existence of the duty of care. He contended that the results of the lab analysis produced in evidence to prove injury were sufficient as they had not challenged by KBL at the trial despite being represented by counsel. The certificate produced KBS stated that the contents of the bottle were unfit for human consumption and that even the shock experienced by the respondent amounted to injury.  Odoyo’s advocate maintained that since the respondent bought three bottles in the same batch, and in the process of taking the second bottle he noted impurities in it and in the third bottle, the duty extended to all the bottles manufactured in the same batch by the appellant.

The court of appeal in rendering its decision considered the English case of Martin vs Glywed Distributors Ltd which provided that:
“where a right of appeal is confined to questions of law only, an appellate court has loyalty to accept the findings of fact of the lower court (s) and, it should not interfere with the decisions of the trial or first appellate court unless it is apparent that, on the evidence, no reasonable tribunal could have reached that conclusion.”

 Judges of Appeal,  Bosire and Onyango Otieno, in dismissing the appeal for lack of merit accepted the concurrent findings of the two courts below. The trial courts held that the unopened bottle, which was examined by KBS contained the same impurities as the opened bottle which was partly consumed by the respondent, and as KBL’s micro biologist accepted that if they were bottles of the same batch it was reasonable to assume that if the opened bottle had impurities, the unopened one too had the same impurities as was witnessed by Odoyo.  This, the court held, meant that what Odoyo consumed and what was in the unopened bottle which was examined contained the same content.

The two judges stated further that there was a clear nexus between the bottle manufactured by KBL and Odoyo. They held that it would not have been possible to know whether there were other complaints by people in respect of the same batch, but it was important that KBL never took any action to separate the examined bottle from the others in the batches. This is a task they could have carried out easily since they had special knowledge of their system of production

The judges concurred that the best course would have been to subject the beer to a test under section 30 of the Food and Chemical Substances Act, since fell within the food bracket. The court however noted that the report by KBS, a body legally empowered to ensure proper standards of food products could not be ignored.   

The appellate judges were of the view that it did not matter where the test was carried out and that it also did not matter under which law the examination was done so long as the report dealt with the essential aspects of the matter and the same test was admitted at the trial by a competent court of law.

In a dissenting judgment, Justice Nyamu inclined himself to the submission of KBL’s advocate that, there was no nexus whatsoever, between the results contained in the certificate of analysis and the injury suffered by Odoyo. The judge noted  Odoyo’s admission, that he had at the material time eaten roast meat which according to the expert evidence on record, had the potential of causing vomiting and diarrhea. Justice Nyamu held that the lower courts were wrong in drawing an inference of negligence as if the facts in the case were the same as in the Donoghue v Stevenson case, yet they were, in his view dissimilar like day and night. In the Donoghue case, the judge held, it was the same bottle which contained the offending snail that was consumed by the aggrieved party, yet in this case the inference of liability was based on an unused bottle that was never consumed by Odoyo and therefore the important factor of causation was ignored by the superior court.

Justice Nyamu went on to hold that the third unused bottle could not in law form the basis of a fact capable of giving rise to an inference of liability.  Even on the basis of the certificate of analysis by KBS, Justice Nyamu averred, the foreign matter in the beer was not chemically identified.  According to the judge, the facts, science and law were all against the two judgments in the lower courts and with respect it would be unjust for this Court to shelter behind section 72 so as to let a clear miscarriage of justice apparent on the face of the record take place.  In the judge’s opinion, the philosophy behind an appeal system anywhere, is to encourage and make it possible for systems to be free to do justice, distill it and enhance its quality as the final product of the appeal process and not to “strangle” justice.  In conclusion, Justice Nyamu held that the Donaghue principles were misapplied in this case and allowed the appeal.

Download Full Text of This Judicial Opinion

 

 

SELECTED NOTICES FROM THE KENYA GAZETTE
back to top

Kenya Gazette Vol CXII-No 44 Dated April 30, 2010

GAZETTE NOTICE NO. 4414
THE LABOUR INSTITUTIONS ACT (No. 12 of 2007)

APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (2) (a) and 13 (1) of the Labour Institutions Act, 2007, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya appoint-

JUSTICE CHARLES PIUS CHEMMUTTUT

to be the Principal Judge of the Industrial Court.

Dated the 26th April, 2010.

MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 4415
THE WATER ACT
(No. 8 of 2002)

APPOINTMENT

IN EXERCISE of the powers conferred by section 84 (2) (a) of the Water Act, 2002, I, Mwai Kibaki, President and Commander-in-Chief of the Armed forces of the Republic of Kenya, appoint-

JOHN ERIC MUSYOKA ANNAN

To be the Chairman, Water Appeals Board.

Dated the 26th April, 2010.

MWAI KIBAKI
President

GAZETTE NOTICE NO. 4416
THE INCOME TAX ACT (Cap. 470)
THE ELDORET LOCAL COMMITTEE

APPOINTMENT

IN EXERCISE of the powers conferred by section 82 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance appoints

B.E. Lisamula Wishitemi (Prof.)-(Chairman)
Eric Kipchumba Kiplagat,
Philip T. Parklea (Dr.),
Dolly Anjili,
Mauledi Mabruki Iseme,

to be members of the Eldoret Local Committee, for a period of two (2) years, with effect from 1st April, 2010.

Dated the 12th April, 2010.

UHURU KENYATTA
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 4417
THE INCOME TAX ACT
THE NAIROBI AREA LOCAL COMMITTEE

APPOINTMENT

IN EXERCISE of the powers conferred by section 82 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance appoints-

John Simba-(Chairman),
Farida Abdul,
Henry M. Mwaniki,
Faith L. Ngaira,
Vincent B. Walubayi,
Susan O. Mudhune,
T.C.I. Ryan (Prof.),
John B. Odongo,
Michael Macharia,

to be members of the Nairobi Area Local Committee, for a period of two (2) years, with effect from 1st April, 2010.

Dated the 12th April, 2010.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 4418
THE INCOME TAX ACT
(Cap. 470)
THE INCOME TAX TRIBUNAL

APPOINTMENT

IN EXERCISE of the powers conferred by section  83 of the Income Tax Act, the Deputy Minister and Minister for Finance appoints-

John Simba – (Chairman)
Faith Lumonya Ngaira,
Farida Abdul,
Joseph Kamande Muiruri,
Gaulke Michah Obbayi,

To be members of the Income Tax Tribunal, for a period of two (2) years, with effect from 1st April, 2010.

Dated the 12th April, 2010.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance

GAZETTE NOTICE NO. 4419
THE KENYA AIRPORTS AUTHORITY ACT (Cap. 395)

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 of the Kenya Airports Authority Act, the Acting Minister for Transport appoints-

STEPHEN MWANGI GICHUKI

to be the Managing Director of the Kenya Airports Authority, for a period of three (3) years, with effect from 23rd April, 2010.

Dated the 26th April, 2010.

AMOS KIMUNYA,
Acting Minister for Transport

GAZETTE NOTICE NO. 4420
THE COMPANIES ACT (Cap. 486)
THE KENYA FERRY SERVICES LIMITED

APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 8 (b) of the Articles of Association of the Kenya Ferry services Limited, the Acting Minister for Transport appoints-

MUSA HASAN MUSA

to be the Managing Director of the Kenya Ferry Services Limited, for a period of three (3) years, with effect from 23rd April, 2010.

Dated the 26th April, 2010.

AMOS KIMUNYA
Acting Minister for Transport

GAZETTE NOTICE NO. 4421
THE INDUSTRIAL PROPERTY ACT (No. 3 of 2001)
THE KENYA INDUSTRIAL PROPERTY INSTITUTE

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (a) of the Industrial Property Act, 2001, the Minister for Industrialization appoints

PAUL LILAN

To be the Chairman of the Board of Directors of Kenya Industrial Property Institute, for a period of three (3) years, with effect from 3rd May, 2010.

Dated the 26th April, 2010.

H.K KOSGEY,
Minister for Industrialization

GAZETTE NOTICE NO. 4422
THE LABOUR INSTITUTIONS ACT
(No. 12 of 2007)

APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) of the Labour Institutions Act, 2007, the Minister for Labour appoints-

 

CHRIS H. MALAVU

to be a member of the National Labour Board, for a period of three (3) years.

Dated the 16th March, 2010.

JOHN MUNYES,
Minister for Labour.

GAZETTE NOTICE NO. 4423
THE SUPPRESSION OF NOXIOUS WEEDS ACT (Cap. 325)

DECLARATION

IN EXERCISE of the powers conferred by section 3 of the Suspension of Noxious Weeds Act, the Minister for Agriculture, declares Parthenium hysterephorus (commonly known as feverfew) as a noxious weed in the whole of Kenya with effect from 13th April, 2010.

Dated the 13th April, 2010.

WILLIAM ARAP RUTO,
Minister for Agriculture

GAZETTE NOTICE NO. 4424
THE REGISTRATION OF PERSON ACT (Cap. 107)

USE OF OLD IDENTITY CARDS FOR VOTER REGISTRATION

WHEREAS by Legal Notice No. 47 of 2009, the Minister of State of Immigration and Registration of Persons declared that the identity cards issued prior to the 30th October, 1995, would cease to be valid with effect from 9th April, 2009.

And whereas, consequent upon such notice, registration under section 6 of the Act is in progress;

And whereas there is an urgent voter registration exercise underway for which an identity card is required;

Now therefore, it is notified, for the information of the general public that notwithstanding Legal Notice No. 47 of 2009, identity cards previously issued and not yet surrendered under section 6 (5) of the Act may be presented for purposes of the current voter registration exercise, pending the issuance of new identity cards.

Dated the 27th April, 2010.

G.O. KAJWANG,
Minister of State for Immigration and Registration of Persons.

GAZETTE NOTICE NO. 4393
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED CONSTRUCTION OF A GATED COMMUNITY COMPRISING OF 569 LUXURUOUS APARTMENTS AND ASSOCIATED AMENITIES

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 construction of residential apartments and associated amenities.

The proposed project entails construction of 569 luxurious 3 bedroomed apartments with associated parking spaces, common Masjid with Madrasa, recreational area and drilling of a borehole

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 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. 4394
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED RENOVATIONS, EXTENSIOSN AND INSTALLATION OF SALT REFINING PLANT FOR KRYSTALLINE SALT LTD 

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 renovations, extensions and installation of salt refining plant for Krystalline salt Ltd.

The proposed project entails renovation one of the Godowns in Gongoni, put up three additional godowns, also construct an office block. In one of the godowns they intend to install a salt refining plant.

The proposed project  is to be carried out in an already established plot No. 10755 opposite Gongoni shopping centre off Malindi – Lamu road about 22 kilometers from Malindi town. It has an area of 1026 hectares.

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, Coast Province.
  3. District Environment Office, Malindi District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

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

GAZETTE NOTICE NO. 4395
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED 2 BEDROOM LOW COST HOUSING SCHEME ON L.R. NO. 12715/290 WITHIN SYOKIMAU FARM LIMITED, MAVOKO MUNICIPAL COUNCIL 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 2 bedroom low cost housing scheme.

The proposed development will comprise of 360 housing units which will be multi-storied with four floors each with 10 houses, per floor on a land parcel area of 2.024 ha. Common facilities will also be constructed i.e. sewerage treatment plant, a parking area and a community hall.

The project site is located on L.R. No. 12715/290 within Syokimau Farm Limited, Makovo Municipal Council

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. 4396
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED HOUSING DEVELOPMENT ON L.R. NO. 7149/28, MLOLONGO, MOMBASA ROAD

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the proposed housing development

The proposed housing development will be comprised of 96 three bed roomed units with servant quarters. The site is 2.023 hectares on L.R. No. 7149/28 Mlolongo Weigh Bridge along the Mombasa road. 

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, Rift Valley Province.
  3. District Environment Office, Kajiado District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

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

GAZETTE NOTICE NO. 4397
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED KAREN COUNTRY CLUB BULK WATER SUPPLY PROJECT, 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 proposed Karen country club bulk water supply project

The Karen Country Club, (the proponent), is proposing a Bulk Water Supply for the Karen Country Club Facility in Karen, Nairobi. The proposed project scheme involves the abstraction and storage of flood water from the Mbagathi River,

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, 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

GAZETTE NOTICE NO. 4743
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MALINDI SERVICE STATION ON L.R. NOS. 2113, 2114, 2115 AND 2116, CASUARINA ROAD, MALINDI TOWN

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the proposed Malindi service station.

The proposed project entails the construction of a retail petrol station to satisfy the ever increasing demand for motor fuels in Kenya, especially in Malindi area. The proposed service station will be in Malindi town along Cassuarina Rd. on four plots, numbers Malindi 2113, 2114, 2115 and 2116.

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, Coast Province.
  3. District Environment Office, Malindi District.

 The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

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

GAZETTE NOTICE NO. 4744
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED ISINYA DUMPSITE, ISINYA, NORTH KAPUTEI LOCATION, ISINYA DIVISION, KAJIADO DISTRICT

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the proposed dump site.

The use of a disused murram quarry near Isinya, Kajiado District as a dumpsite by ABM for the disposal of slag form the lead making process. 

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, Rift Valley Province.
  3. District Environment Office, Kajiado District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

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

GAZETTE NOTICE NO. 4745
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED KIVULINI APARTMENTS WITHIN THIKA MUNICIPALITY L. NO. BLOCK 15/102

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 Kivulini Apartments.

The Proposed Project design comprises of the following:

  1. Twelve blocks of maissonetes for two families each (semi detached) with each block housing.
  2. Twelve three storeyed blocks for six families each (semi detached)
  3. Four single Maissonetes for one family each
  4. Double storey shopping center with four shops on each floor.

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, Central Province
  3. District Environment Office, Thika District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

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

SUPPLEMENT NO.24
Legislative Supplement

LEGAL NOTICE NO.

52        The Interim Independent Constitutional Dispute Resolution Court (Practice and Procedure) Rules, 2010

SUPPLEMENT No. 25
Legislative Supplement

LEGAL NOTICE NO.

53        The Local Authorities Transfer Fund (Amendment) Regulations, 2010
54-58   The Kenya Information and Communications (Consumer Protection) Regulations, 2010, etc
59        The Export Processing Zones Act Declaration of an Export Processing Zone
60        The Immigration Act – Exemption

SUPPLEMENT No. 26
Act, 2010

The Supplementary Appropriation Act, 2010

The National Council for Law Reporting
Milimani Commercial Courts Building, Ground Floor
P.O Box 10443 - 00100, Nairobi Kenya. Tel: (254 020) 2712767,2719231 Fax: (254 020) 2712694
© Copyright 2009 Kenya Law Reports