KLR WEEKLY e-NEWSLETTER
 

| Issue 105| Newsletter Archive | Friday 07th May 2010 |

 
   
 
 
CASE OF THE WEEK
 

WHERE THE CUSTOMARY REQUIREMENTS HAVE NOT BEEN MET, IS IT A CUSTOMARY MARRIAGE?
By Esther Onchana, Advocate
May, Nairobi

Mary Wanjiru Githatu v Esther Wanjiru Kiarie eKLR (www.kenyalaw.org)
Court of Appeal at Eldoret

Before Bosire Tunoi, Bosire & Nyamu JJ.A
Civil Appeal No. 20 of 2009
April 23, 2010

If a man and a woman cohabited together for fifteen years, had children, the man paid rent and behaved as if they were married, can it presumed that they are married?  Specifically, where the customary requirements have not been established can a customary marriage be presumed?  Although the Court of Appeal in a majority decision answered this question positively, the dissenting judgment by Justice Nyamu raises important arguments with the potential of steering the notion of presumption of marriage towards a new direction.
The question of presumption marriage was put to test before the Court of Appeal where the main issue before the court was whether petitioner was a widow of the deceased in absence of evidence that she was not married either under statute or under a system permitting polygamy.

The appeal before the court involved appellant, Mary Wanjiru Githatu, who had been married  to the late Ephantus Githatu Waithaka under the Kikuyu customary law in 1968. On the other hand the respondent, Esther Wanjiru Kiario lived together with the late Ephantus Waithaka as “husband and wife” from 1986 until his death in April 2002, for a continuous period of approximately fifteen years during which period three children were born out of the relationship.

The appellant, Mary Wanjiru, in her evidence at the High Court did recognize Esther Wanjiru’s three children as heirs of her husband’s estate but she did not recognize the respondent as his wife.  She stated that she recognized the children because it was the wish of her late husband.  Conversely, evidence was adduced that to the effect that the deceased had lived with Esther Wanjiru for fifteen years. She was living with him as at the date of his death.  Evidence was also adduced to support that the deceased was paying the rent for the house the petitioner was living in with her children.

The suit before the High Court arose after Esther Wanjiru, had applied for letters of administration of the estate of the late Waithaka and Mary Wanjiru had objected to the issuance of the letters of administration to her.   The respondent’s application was grounded on section 3(5) of the Laws of Succession Act as a wife so as to take part in the administration of the deceased estate and to partake her share of the estate.

High Court Judge Ibrahim held that despite the absence of a formal marriage under Kikuyu customary law between the Esther Wanjiru and the deceased, by virtue of the long cohabitation of fifteen years, recognition by the family members, relatives and friends that the two were husband and wife, coupled with the birth of the three children the court was entitled to infer and declare the existence of a marriage by presumption between the Esther Wanjiru and the deceased.  The court thereby granted her letters of administration.
Mary Wanjiru lodged an appeal against this decision. Represented by Mr. Gicheru, her main argument was that the superior court was wrong in granting relief not claimed in the application for letters of administration by the respondent. It was also argued that the High Court had contradicted itself by making a finding that the non-existence of a marriage under Kikuyu customary law between Esther Wanjiru and the respondent while at the same time declaring a marriage by presumption, a concept which is  a stranger to Kikuyu customary law. According to Mr. Gicheru, the fact that the appellant and the respondent hailed from the Kikuyu community did not per se provide proof of marriage between the deceased and the respondent.

Esther Wanjiru’s advocate Mr. Machio, while conceding that there was no marriage under Kikuyu customary law between his client and the deceased, submitted that all the same there was sufficient evidence she was the wife of the deceased due to fifteen years cohabitation, three children, payment of rent by the deceased, a meeting of elders that recognized the two wives and finally the funeral programme in which the respondent participated reinforced the issue of marriage and finally.

Justice Bosire, identifying with Mr. Machio’s submissions, traced a long line of court decisions relating to presumption of marriage, particularly the leading case 1976 case of Hortensiah Wanjiku Yawe s. The Public Trustee.. In that case the former East Africa Court of Appeal held that long cohabitation as a man and wife may give rise to a presumption of marriage in favour of the party asserting it.  Justice Bosire noted that subsequent decisions such as Kituu v. Nzambi [1984] KLR 411 and Njoki v. Mutheru[1985] KLR 874 that refused to presume existence of marriage were based on the old thinking . His Lordship noted that it was for that reason that parliament added section 3(5) to the Law of succession Act.  The section recognizes that a woman married under a system of law which permits polygamy is, where her husband has contracted a previous or subsequent monogamous marriage to another woman, as a wife for purposes of the law of succession. Parliament realized that some women who genuinely had been taken as wives were discriminated against merely because, as in this case, dowry had not been paid, or that there had not been any ceremony to solemnize the union. 
In view of section 3 (5) and the landmark case Hortensiah Wanjiku Yawe Justices Bosire and Tunoi held that it was quite clear that the Esther Wanjiru in the circumstances of this case, could not be regarded otherwise than as the widow of the deceased.

In a dissenting judgment, Justice Nyamu, respectively disagreed with the use of case of Hortensiah Wanjiku Yawe in support of the view that there can be a Kikuyu customary marriage by presumption. His lordship observed that where there was no proof of the well known major ingredients of the Kikuyu customary law marriage such as consent, ngurario and ruracio, the evidence of cohabitation and repute per se would not constitute a valid marriage under the Kikuyu customary law. He remarked that a marriage is recognized as a customary marriage by virtue of section 3(2) of the Judicature Act because of the presence of the specified customary ingredients.

Justice Nyamu was of the view that it would be a massacre of such a custom for anyone to suggest that a presumption of marriage per se can constitute a marriage under any system of law whether customary or common law unless it is accompanied by the other essential ingredients pertaining to a particular system of marriage. The judge stated ,“The contention that there can be a Kikuyu customary law marriage by virtue of a presumption imposed by a court is fallacious and hollow even on the basis of YAWE case.”

Justice Nyamu faulted a 1970 case of Zipporah Wairimu v Paul where, Justice Madan, as he then was, suggested that perhaps an error or a “slip up” in the formalities or ritual should not invalidate a Kikuyu customary law.  Regarding the High Court judgment from which the instant appeal had been preferred, the judge was of the view that the High Court went beyond the provisions of section 3(5). The judge pointed out that by making a finding of marriage, unsupported by the pleadings, evidence and the relevant law, that part of the High Court judgment was with respect a nullity.

Worth noting was Justice Nyamu’s finding that that there was no marriage between Esther Wanjiru and the deceased in terms of that section 3 (5). This is because the respondent, Esther Wanjiru was not married under a system of law as contemplated by that provision. Although the judge fully appreciated the significance of cohabitation and financial support in terms expressed in the Children Act and the importance of parental responsibility to children, he quickly pointed out that these were different concepts that were not before the court.      
     
In conclusion, Justice Nyamu observed that, customary law marriages have some important ingredients without which they cannot possibly qualify as such.  The ingredients are essentials in the making of a customary law marriage.  A customary law marriage is a covenant of marriage sealed by the other necessary customary ingredients and for the Kikuyu these ingredients are well known and documented. If the courts were to fail to take this into account, they would be giving recognition to the “come we stay” marriages which are neither customary nor statutory. Based on that argument Justice Nyamu allowed the appeal filed by Mary Wanjiru. However the majority decision by Justice Bosire and Tunoi carried the day, thereby dismissing the appeal.

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SELECTED NOTICES FROM THE KENYA GAZETTE
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Gazette Notice Vol. CXII – No 46. May 7, 2010

GAZETTE NOTICE NO. 4773

THE MOHAMMEDAN MARRIAGE AND DIVORCE
REGISTRATION ACT
(Cap. 155)

APPOINTMENT

IN EXERCISE of the powers conferred by section 4 of the Mohammedan Marriage and Divorce Registration Act, the Attorney General appoints-

MOHAMED SOMOEBWANA SHEKALE

to be an Assistant Registrar of Mohammedan Marriages and Divorces in the Tchundwa Area, Lamu.

Dated the 30th April, 2010.

S.A. WAKO
Attorney General
GAZETTE NOTICE NO. 4774

THE CRMINAL PROCEDURE CODE (Cap. 75)

APPOINTMENT

IN EXERCISE  of the powers conferred by section 85 (2) of the Criminal Procedure Code, and pursuant to section 260 of the Local Government Act (Cap. 265), the Attorney-General appoints-

GENNSON SIFUNA KARANI

to be a public prosecutor for the purpose of all cases arising under the Local government Act, or under any by-law made by the Municipal Council of Kitale, whether under that Act or otherwise.

Dated the 30th April, 2010.

S.A WAKO
Attorney-General

GAZETTE NOTICE NO. 4775
THE MAGISTRATES COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

JOHN W. ONCHURU

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

Gazette Notice No. 4091 of 2010, is revoked.

Dated the 8th April, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 4776
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

MUTUNGWA MAUNDU

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

Gazette Notice No. 4092, is revoked.

Dated the 19th March, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 4777
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

ANNE COLLETA A. ONG’INJO

Senior Principal Magistrate to Kenya shillings two million (Ksh. 2,000,000) with effect from 1st April, 2010.

Dated the 19th March, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 4778
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICITON

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

ROSSLYN A. OGANYO

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

Dated the 21st April, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 4779
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

THOMAS M MURAGURI

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

Dated the 21st April, 2010.

J.E. GICHERU,
Chief Justice,

GAZETTE NOTICE NO. 4780
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

LETIZIA M. WACHIRA

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

Dated the 20th April, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 4781
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

LIZA LYNNE W. GICHEHA

Principal Magistrate to Kenya shillings one Million (KSh. 1,000,000), with effect from 1st May, 2010.

Dated the 20th April, 2010.

J.E. GICHERU,
Chief Justice,

GAZETTE NOTICE NO. 4782
THE MAGISTRATES’ COURTS ACT (Cap. 1))

INCREASE OF LIMIT OF JURISDICTION

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

DANIEL M. NG’ALU

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

Dated the 27th April, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 4783
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

DAVID K. KEMEI

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

Dated the 20th April, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 4784
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

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

SUSAN .M. SHITUBI

Senior Principal Magistrate to Kenya shillings two million (Ksh. 2,000,000)  with effect from 1st May, 2010.

Dated the 27th April, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 4785
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASES OF LIMIT OF JURISDICTION

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

KIBET SAMBU

Senior Principal Magistrate to Kenya shillings two million (Ksh. 2,000,000), with effect from 1st May, 2010.

Dated the 27th April, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 4786
THE LAW OF SUCCESSION ACT (Cap. 160)

APPOINTMENT

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

ANGELO K. RWITO

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

Dated the 1st April, 2010.

J.E. GICHERU, 
Chief Justice

GAZETTE NOTICE NO. 4787
THE CHILDREN ACT (No. 8 of 2001)

APPOINTMENT

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

BEATRICE M. KIMEMIA

Senior Resident Magistrate at Kitui to preside over cases involving children in respect of Eastern Province, with effect from 1st May, 2010.

Dated the 21st April, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 4788
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE LAIKIPIA TRADE DEVELOPMENT JOINT BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the Local Government (Laikipia 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 Provisions Act (Cap. 2), the Permanent Secretary, Ministry of Trade, appoints-

Josephine Wangari Kiranga (Ms.)-(Chairperson),
District Commissioner, Laikipia East – (Ex officio)
District Trade Development Officer, Laikipia-(Secretary),
Francis Gitonga Kimeria,
Chairman, Kenya National Chamber of Commerce and Industry, Laikipia Branch,

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

Gazette Notice No. 676 of 2002, is revoked.

Dated the 23rd April, 2010.

ABDULRAZAQ A. ALI,
Permanent Secretary, Ministry of Trade

GAZETTE NOTICE NO. 4789
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE THIKA MUNICIPALITY TRADE DEVELOPMENT
JOINT BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the Local Government (Thika Municipality 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-

Michael Kamande Gachukia – (Chairman),
District Commissioner, Thika West – (Ex officio),
District Trade Development Officer, Thika- (Secretary),
Judy W. Muthumbi,
Chairman, Kenya National Chamber of Commerce and Industry, Thika Branch,

to be members of the Thika Municipality Trade Development Joint Board for a period of three (3) years.

Gazette Notice No. 8414 of 2006, is revoked.

Dated the 23rd April, 2010.

ABDULRAZAQ A. ALI,
Permanent Secretary,
Ministry of Trade

GAZETTE NOTICE NO. 4790
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE KITUI MUNICIPALITY TRADE DEVELOPMENT
JOINT BOARD

IN EXERCISE of the powers conferred by paragraph 3 of the Local Government (Thika Municipality 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-

Bretta M. Mutia (Ms.)  – (Chairperson),
District Commissioner, Kitui – (Ex officio),
District Trade Development Officer, Kitui - (Secretary),
Cosmos M. Kimanthi,
Chairman, Kenya National Chamber of Commerce and Industry, Kitui Branch,

to be members of the Thika Municipality Trade Development Joint Board for a period of three (3) years.

Gazette Notice No. 5209 of 2006, is revoked.

Dated the 23rd April, 2010.

ABDULRAZAQ A. ALI,
Permanent Secretary,
Ministry of  Trade
GAZETTE NOTICE NO. 5041
THE RECORDS DISPOSAL (COURTS) RULES (Cap. 14, Sub.Leg)
IN THE CHIEF MAGISTRATE’S COURT AT NAKURU

INTENDED DESTRUCTION OF COURT RECORDS

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

Inquests                                               1988-2005
Criminal cases                                     1988-2005
Traffic cases                                        1988-2005
Miscellaneous criminal cases               1988-2005

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, Nakuru.

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 8th April, 2010.

W.A. JUMA,
Chief Magistrate, Nakuru

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

GAZETTE NOTICE NO. 5045
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE HELIPAD CONSTRUCTION PROJECT ON L.R. NO. NAIROBI /BLOCK 91/132 AND L.R. NO. NAIROBI/BLCOK 91/133, NAIROBI

INVITATION OF PUBLIC COMMENTS

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

The helipad construction project will be located next to the Tribe Hotel Village Market in Nairobi, Gigiri. The helipad section will be 15 meters in diameter. This will provide a landing and take off of helicopters.

The site is located on Plot No. Nairobi/Block 91/132 and Nairobi/Block 91/133, 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

SUPPLEMENT NO. 27
Legislative Supplement

LEGAL NOTICE NO.

61-The Non-Governmental Organizations Co-ordination (Amendment) Regulations, 2010

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