KLR WEEKLY e-NEWSLETTER
 

| Issue 109| Newsletter Archive | Friday 04th June 2010 |

 
   
 
 
CASE OF THE WEEK
 

GOODS TRANSPORTED ‘AT OWNERS RISK’ BUT NOT IF TRANSPORTER IS NEGLIGENT

By  Cornelius Wekesa Lupao & Michael Murungi
June, 2010.
Nairobi.

A term of contract that virtually gives a transporter a carte blanche to steal or damage its client’s goods with impunity and without right of recourse is unfair. Whether as a common carrier or bailee for reward, the defendant is under a duty to transport the goods in a secure condition and deliver them for the client  at the agreed destination.

Kingsway Motors Limited v Corner Garage Transport Limited[2010]eKLR
High Court, at Nairobi.
Justice P. Kihara Kariuki
June 3, 2010.

  A contracted transporter who is in law a common carrier or a bailee for reward is by law under a duty to  deliver the goods for its client in the state in which they were received from the client and the transporter would be liable for damage caused to the goods by its negligence even if it is agreed that they were to be transported ‘at the owner’s risk’. This was the finding of Justice P. Kihara Kariuki in a case in which Kingsway Motors Limited (the plaintiff) sued Corner Garage Transporters Limited (the defendant) for the value of goods (motor vehicles) that were damaged while being transported by the defendant.

In the suit, Kingsway alleged that it had consigned five units of cars to the defendant to transport to Nairobi by road. Consequently, the plaintiff argued, the transporter was under a duty to deliver the goods to Nairobi undamaged or in the condition in which they were handed over to them (defendant) at the Port of Mombasa. In its defence, the transporter argued that the goods were carried at the owner’s risk, and therefore as a transporter, it was exempt from liability as far as the damage to the goods was concerned. However, while making his submissions, the Kingsway’s advocate submitted that although on the face of the Delivery Note it was stated that the goods were to be transported “at owners risk” and that the vehicles were to be transported subject to the transporter’s conditions of carriage, that alone could not absolve the transporter from liability in the event of loss of or damage to the goods. This, Kingsway further argued, was because, in law, as a bailee for reward or a common carrier, the transporter was under a duty to safely and securely deliver the goods entrusted to it to the designated destination.  Moreover, Kingsway  submitted that the declaration that the goods were carried at the risk of the owner and on the transporter’s terms and conditions of carriage could not exempt the transporter from liability where loss or damage was caused by negligence on the part of the transporter or its servants.  Kingsway was of the opinion that the fact that the it had successfully made a claim for compensation for the damage from its insurers did not prevent it from recovering damages against the transporter in what in insurance law is known as a subrogatory suit. Kingsway also pointed out that apart from relying on the exemption printed on the Delivery Note, the transporter had made no attempt to place before the court evidence to show that the accident which had resulted in the damage to the goods was not caused by negligence on its part or on the part of its employee for which, of course, it would be vicariously liable.


 On its part, the transporter submitted that it was fully exempted from any liability by virtue of the notice that the goods were  to be carried at the owner’s risk and the express stipulation that they were to be transported subject to the transporter’s terms and conditions of carriage regardless of whether the loss or damage was caused by negligence on its part or not.  Indeed, one of the terms in the conditions of carriage stated that the company was not to be liable for ‘loss, damage, deviation, mis-delivery, delay or detention of or to a consignment or any part thereof or to any goods whether or not such loss, damage, deviation, mis-delivery, delay or detention was caused by or through or due to the negligence of the Company or Its servants or otherwise’. It was also submitted that since the transporter was a common carrier, it could exempt itself from liability even in a case where negligence was alleged or even proved.
While finding in favour of Kingsway  and rejecting the  transporter’s submission,  the High Court found that the exemption clause in the transporter’s terms and condictions of carriage was an unfair term as it virtually gave it an open license to steal or damage the its client’s goods with impunity and without right of recourse. The Court further held that  whether as a common carrier or bailee for reward, the transpoter was under a duty to transport the goods in a secure condition and to deliver them to the Plaintiff at the agreed destination. While quoting Black’s Law Dictionary (7th Edition), which defines a common carrier as a carrier that is required by law to transport passengers or freight, without refusal, if the approved fare or charge is paid, Justice Kariuki stated that from the nature and type of the transporter’s business, there was no doubt that it was a common carrier in law and as such it could not exempt itself from liability across the board.  The Court thus found the transporter liable for the loss and damage caused to the goods and entered judgment in favour of Kingsway in the amount of Kshs. 1.39 million.


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This event is supported by the Kenya Law Reports as the Official Media Partner. For more information on participation and registration, please contact Ms. Lee Chew Wan  Tel No: +603 2723 6736, Fax No: +603 2723 6699 leec@marcusevanskl.com  today! For more information download PDF


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SELECTED NOTICES FROM THE KENYA GAZETTE
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Kenya Gazette Vol CXII – No. 56 Dated June 4, 2010

GAZETTE NOTICE NO. 6196
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA INSTITUTE FOR PUBLIC POLICY RESEARCH
ANALYSIS (KIPRA)

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-

AGNES WAKESHO MANG’OMBE (PROF.)

to be Chairperson of the Board of Kenya Institute for Public Policy Research Analysis (KIPRA), for a period of three (3) years.

Dated the 31st May, 2010.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 6197
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA FOREST SERVICE

APPOINTMENT

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

RICHARD SYLVESTER MUSANGI (PROF.)

to be Chairman of the Kenya Forest Service (KFS), for a period of three (3) years.

Dated the 31st May, 2010.

MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 6198
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA NATIONAL TRADING 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-

MOHAMED A. HASSAN

to be Chairman of the Kenya National Trading Corporation, for a period of three (3) years.

Dated the 31st May, 2010.

MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 6199
THE LAW REFORM ACT (Cap. 3)

APPOINTMENT

IN EXERCISE of the powers conferred by section 2 of the Law Reform Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya appoint-

Kathurima M’Inoti- (Chairman),
Nancy Baraza-(Vice-Chairperson),
Mbage Njuguna Nga’ng’a,
Desterio Oyatsi,
Jane S. Mwangi,
Benjamin Munywoki Musau,
Hassan Nunow Lakicha,

to be Commissioners of the Law Reform Commission, for a period of three (3) years.

Dated the 31st May, 2010.

MWAI KIBAKI,
President

GAZETTE NOTICE NO. 6200
THE EGERTON UNIVERSITY ACT (Cap. 214)
THE LAIKIPIA UNIVERSITY COLLEGE ORDER
(L.N. 157 of 2009)

APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (a) of the Laikipia University College Order, 2009, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya appoint-

Kennedy Mbwaya,
Margery Wangui Kabuya (Ms.),

to be Chairman and Vice-Chairperson, respectively, of the Laikipia University College Council, for a period of three (3) years, with effect from 19th April, 2010.

Dated the 31st May, 2010.

MWAI KIBAKI
President

GAZETTE NOTICE NO. 6201
THE RATING ACT (Cap. 267)
THE COUNTY COUNCIL OF MARAKWET

SITE VALUE RATE

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

Dated the 12th June, 2008.

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

GAZETTE NOTICE NO. 6202
THE VALUATION FOR RATING ACT (Cap. 266)
THE COUNTY COUNCIL OF MARAKWET

TIME OF VALUATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for Local Government gives approval to the County Council of Marakwet’s Resolution under Min. No. A485/2007 as follows:

“That the time of valuation for the County Council of Marakwet’s Valuation Roll shall be 1st January, 2007”.

Dated the 12th June, 2008.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government

GAZETTE NOTICE NO. 6203
THE INDUSTRIAL PROPERTY ACT
(No. 3 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 113 (1) of the Industrial Property Act, the Minister for Industrialization appoints-

Moses Kipngetich Kurgat – (Chairman)
Raymond K. Chelule,
Maria Mbeneka Mutua,
Amos Korir,
Andrew Mbaya,

to be members of the Industrial Property Tribunal, for a period of three (3) years, with effect from 17th May, 2010.

Dated the 24th May, 2010.

H.K. KOSGEY,
Minister for Industrialization

GAZETTE NOTICE NO. 6204
THE MENTAL HEALTH ACT
(Cap. 248)

APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (2) of the Mental Health Act, the Minister for Medical Services appoints:

Under paragraph (a)-

The Director of Medical Services – (Chairman)

Under paragraph (b)-

Maxwell Manases Odhiambo Okonji (Dr);

Under paragraph (c)-

Mary Wanjiru Gichohi;

Under paragraph (d)-
 
James Kingora;

Under paragraph (e)-

The Commissioner of Social Services;

Under paragraph (f)-

The Director of Education;

Under paragraph (g)-

Simon Shitemi (Dr) - Representing Western Province,
Norman Musyoka Masai - Representing Eastern Province,
Francis Kamunguna Mukui- Representing Central Province,
Charles Onyango Menya - Representing Nyanza Province,
Johnson Kilozo Mutiso - Representing Nairobi Province,
Stanley Kimetto Kiproto - Representing Rift Valley Province,
Mary Joan Mjomba - Representing Coast Province,
Sahara Ali Shuria - Representing North Eastern Province,

to be members of the Kenya Board of Mental Health.

Dated the 13th May, 2010.

P. A. NYONG’O,
Minister for Medical Services

GAZETTE NOTICE NO. 6205
THE PHYSICAL PLANNNERS REGISTRATION ACT (No. 3 of 1996)
THE PHYSICAL PLANNERS REGISTRATION BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by section 3 of the Physical Planners Registration Act and paragraph 1 (a) of the schedule, the Minister for Lands appoints-

AUGUSTINE KHAEMBA MASINDE

to be the Chairman of the Physical Planners Registration Board, for a period of three (3) years, with effect from 22nd March, 2010.

Dated the 18th May, 2010.

JAMES ORENGO,
Minister for Lands.

GAZETTE NOTICE NO. 6206
THE PHYSICAL PLANNNERS REGISTRATION ACT (No. 3 of 1996)
THE PHYSICAL PLANNERS REGISTRATION BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by section 3 of the Physical Planners Registration Act and paragraph 1 (b) of the schedule, the Minister for Lands appoints-

PERIS CHEPCHIRCHIR KORIR MANGIRA (MRS.)

to be a member of the Physical Planners Registration Board, for a period of three (3) years, with effect from 3rd March, 2010.

Dated the 18th May, 2010.

JAMES ORENGO,
Minister for Lands.

GAZETTE NOTICE NO. 6207
THE PHYSICAL PLANNNERS REGISTRATION ACT (No. 3 of 1996)
THE PHYSICAL PLANNERS REGISTRATION BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by section 5 of the Physical Planners Registration Act and paragraph 1 (b) of the schedule, the Minister for Lands appoints-

ALFRED MWANZIA MULANDI

to be registrar of the Physical Planners Registration Board, and revokes the appointment of Joyce Kangai Kariuki*.

Dated the 18th May, 2010.

JAMES ORENGO,
Minister for Lands.

*G.N. 1390/2009

GAZETTE NOTICE NO. 6208
THE AGRICULTURE ACT (Cap. 318)

LIFT OF BAN

IN EXERCISE of the powers conferred by section192 (1) (vii) of the Agriculture Act and paragraph 14 of the Horticultural Crops Development Authority Order, the Minister for Agriculture lifts the ban on the export of raw nuts (nuts in shell) of the following varieties: Madacamia nut (Macadamia SPB), Cashew nut (Anacardium Occidentale), Pistachio nut (Pistachio Vera)  and Oyster nut (Tarfaira Pedata), for a period of 90 days starting 28th May, 2010 to 28th August, 2010, so as to facilitate the mop up of the excess raw nuts with farmers.

Dated the 31st May, 2010.

S.J. KOSGEI,
Minister for Agriculture

GAZETTE NOTICE NO. 6209
THE NATIONAL ASSEMBLY AND PRESIDENTIAL
ELECTIONS ACT (Cap. 7)

DECLARATION OF VACANCY – MAKADARA CONSTITUENCY

PURSUANT  to the provisions of section 18 of the National Assembly and Presidential Elections Act, the Speaker of the National Assembly gives notice that the seat in the National Assembly for Makadara Constituency has become vacant.

Dated the 28th May, 2010.

KENNETH MARENDE,
Speaker of the National Assembly,

*Gazette Notice No. 5901 of 2010, is amended.

GAZETTE NOTICE NO. 6210
THE CHILDREN ACT (No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 20001, the Chief Justice appoints-

ELVIS MICHIEKA

Resident Magistrate at Mombasa, to preside over cases involving children in respect of Coast Province, with effect from 2nd June, 2010.

Dated the 27th May, 2010.

J.E. GICHERU,
Chief Justice,

GAZETTE NOTICE NO. 6211
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-

ROSEMELLE A. MUTOKA

Chief Magistrate at Mombasa, to preside over cases involving children in respect of Coast Province, with effect from 2nd June, 2010.

Dated the 27th May, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 6212
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

MAUNDU MUTUNGWA

to represent the High Court for the purposes of that section with effect from 2nd June, 2010.

Dated the 27th May, 2010.

J.E. GICHERU,
Chief Justice 

GAZETTE NOTICE NO. 6213
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-

PETER NGARE GESORA

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

Dated the 31st May, 2010.

J.E GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 6214
THE CONSTITUION OF KENYA
THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (Cap. 7)
THE NATIONAL ASSEMBLY ELECTIONS (ELECTION PETITION) RULES

APPOINTMENT OF ELECTION COURT

IN EXERCISE of the powers conferred by section 60 (5) of the Constitution of Kenya and section 19 of the National Assembly and Presidential Elections Act, the Chief Justice of the Republic of Kenya appoints an election Court comprising of Justice Fred Ochieng in place of Lady Justice K.H. Rawal, whose appointment is revoked, to hear the election petition whose details are given hereunder in the High Court of Kenya at Nairobi. The election court will give directions as to the hearing of the petition during mention thereof on Tuesday, 15th June, 2010.

SCHEDULE

Election Petition No.

Petitioner

Respondents

Constituents

Election Court

  High Court          Station

Nairobi E.P. No. 35/2008

Ibrahim Ahmed

1.Simon Mbugua
2.Priscyllar A. Wairimu
3. Electoral Commission of Kenya

Kamukunji

Justice Fred Ochieng

Nairobi

 

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 6215
THE PUBLIC PROCUREMENT AND DISPOSAL ACT (No. 3 of 2005)

APPOINTMENT

IN EXERCISE of the powers conferred by section 26 (4) of the Public Procurement and Disposal Act, 2005, and second schedule to the Public Procurement and Disposal Regulations, 2006, the District Commissioner, Embu East District, appoints-

CHARLES NJARAMBA WANJAU,

to be the Chairman of the District Tender Committee for Embu East District.

Dated the 29th April, 2010.

T.G. MACHENERI,
District Commissioner,
Embu East District

GAZETTE NOTICE NO. 6216
THE PUBLIC PROCUREMENT AND DISPOSAL ACT (No. 3 of 2005)
APPOINTMENT

IN EXERCISE of the powers conferred by part two (2) of the second schedule of the Public Procurement and Disposal Regulations, 2006, the District Commissioner, Mwingi East District, appoints

SAMUEL KAMAU NJENJA

District Agricultural officer, Mwingi East, to be the Chairman of the District Tender Committee, with effect from 18th May, 2010.

Dated the 20th April, 2010.

M.M. MWARO,
District Commissioner,
Mwingi East District

GAZETTE NOTICE NO. 6217
THE MARRIAGE ACT (Cap. 150)

APPOINTMENT

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

JULIUS MWANGI MATHENGE

To be the District Registrar of Marraiges, Laikipia East District.

Dated the 24th May, 2010.

B.W. GACHEGU,
Registrar-General,

*L.N. 186/63

GAZETTE NOTICE NO. 6218
THE MARRIAGE ACT (Cap. 150)

APPOINTMENT

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

ABDIRASHID MOHAMED

to be the District Registrar of Marriages, Laikipia East District.

Dated the 24th May, 2010.

B.W. GACHEGU,
Registrar-General

*L.N. 186/63

GAZETTE NOTICE NO. 6219
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT (Cap. 280)
THE TRUST LAND ACT (Cap. 288)

REVOCATION OF LAND TITLES

WHEREAS the parcels of land whose details are described under the schedule herein below were allocated and titles issued to private developers, it has come to the notice of the Government that the said parcels of land were reserved for public purposes under the relevant provisions of the Constitution of Kenya, the Government Lands Act (Cap. 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles.

SCHEDULE

Mombasa

Mombasa L.R. MN/1/11247
Mombasa L.R. MN/1/10281

R.M. INGONGA,
Registrar of Titles Mombasa

GAZETTE NOTICE NO. 6220
THE CONSTITUTION OF KENYA
THE GOVERNMENT LANDS ACT (Cap. 280)
THE TRUST LAND ACT (Cap. 288)

REVOCATION OF LAND TITLES

WHEREAS the parcels of land whose details are described under the schedule herein below were allocated and titles issued to private developers, it has come to the notice of the Government that the said parcels of land were reserved for public purposes under the relevant provisions of the Constitution of Kenya, the Government Lands Act (Cap. 280) and the Trust Land Act (Cap. 288). The allocations were therefore illegal and unconstitutional.

Under the circumstances and in view of the public need and interest, the Government revokes all the said titles.

SCHEDULE

Nairobi

Nairobi L.R 209/11157
Nairobi L.R.12979/3
Nairobi L.R.12979/4
Nairobi L.R.13444
Nairobi L.R.13446

 

G.G. GACHIHI,
Registrar of Titles, Nairobi

GAZETTE NOTICE NO. 6172
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED CO-GENERATION POWER PLANT
L.R. NO. SOUTH KABRAS/SHAMBERERE/2096
KAKAMEGA NORTH 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 implementation of the proposed  Construction of Co-generation power plant.

The proposed project will involve installation of a Power generation plant at West Kenya Sugar Company. The proposed power generation plant will be located within West Kenya Sugar Company Limited premises which is located in Kabras Division of Kakamega North District about 2 ½  kilometres off Kakamega-Kaburengo Highway On L.R. No. South Kabras/Shamberere/2096

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, Kakamega 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. 6173
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 130 RESIDENTIAL HOUSES AND ASSOCIATED FACILITIES ON LR. NO. 4953/1924/THIKA MUNICIPALITY 

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 construction of residential houses and associated amenities. 

The project involve housing development which will involve construction of 130 residential houses, kindergarten, police post, shopping centre among other related facilities. The proposed project site is located on LR. No 4953/1924/Thika Municipality, Thika District totaling 10 acres.

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, Central  Province
  4. 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. 6174
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED SOTTEG FILING STATION LOCATED IN SILIBWET MARKET IN BOMET 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 implementation of the proposed filling station.

The proposed project will include installation of a filling station and associated facilities. The plot upon which the proposed filling station will be constructed is owned by Sot Tea Grower’s SACCO. The plot owners have agreed to use the said plot (L.R. Kericho/Silibweti/1760) for a filling station.

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, Rift Valley  Province.
  4. District Environment Office, Nairobi, Bomet 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. 6175
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MIXED DEVELOPMENT FOR THE PROPOSED JALARAM ACADEMY BUILDING

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 Jalaram Academy Academy.

The proposed project will consist of a two storey block of 16 classrooms fully equipped with science rooms, IT rooms, and a library. A one storey administrative block and a multi-purpose hall, and a school Manager’s quarters complete with a servant quarter.

The project site is in the locality of New Loresho, Kitisuru location in the administrative division of Westlands in Nairobi on Plot L.R. No. 21088/40 New Loresho.

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. 6176
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR LAGOON DEVELOPMENTS LTD. ON L.R. NO 12889/265, KILIFI 

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 development.

The proposed project will include construction of 100 residential homes, a nine holes gold course and a waterfront beach/water sports facility for the communal use of all home owners on 150 acres of land.

The proposed project is at Majanjani in Mavueni location, Kikambala Division of Kilifi District on land purchased from the Kilifi Plantations Limited. The site is located about 10 km from Kilifi Town and can be accessed via an earth road about 1.5 km from the Kililfi – Malindi Highway at a road junction at Komaza.

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, Coast  Province.
  4. District Environment Office, Kilifi 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. 6177
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED SYOKIMAU HOUSING PROJECT ON L.R. NO. 12715/396 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 implementation of the proposed Housing project.

The proposed project will consist of 72 residential facilities to be constructed in three phases. The proposed 2.023 hectare piece of land is located off Mombasa road by Soham Petrol Sation/Civil aviation masts site, in Mavoko Municipal Council, North West of Athi River in Machakos 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, Eastern  Province
  4. District Environment Office, 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. 6178
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED LODGE AT NAISHI, RARE AREA, NAKURU DISTRICT ON L.R. NO. NAKURU/RARE/NAISHI/1271

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 tourist lodge.

The proposed project is an eight (80) rooms tourist lodge, with approximately 160 guest capacity. The project will consist of guest rooms, staff quarters, administration block, swimming pools, gym, water storage tanks, store rooms, kitchen, waste management systems, parking, security office, and conference halls. .

The proposed 28 hectares piece of land is located in Naishi area of Rare, larger Nakuru District.

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, Kajiado 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 6179
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED LUCKY SUMMER ESTATE SEWERAGE SYSTEM 

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 construction of the sewerage system.  

The proposed project will involve construction sewerage system and it will include the following activities; Digging up sewer trenches with the help of a shovel loader, Man-holes constructions and cover fittings, Trench leveling and pip-laying, Provision of access and maintenance points, Testing and back-flows corrections Provision of solid waster interceptor grates at individual connection points.

The proposed Lucky Summer Sewerage plan is expected to cover the entire lucky Summer area. Lucky summer estate is located off the main Outering Road stretching down from the river towards the airport north road (leading on the Jomo Kenyatta International Airport).

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 6180
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 A PETROL STATION ON KISII MUNICIPALITY BLOCK 3/13, KISII 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 implementation of the proposed development of a petrol station.

The proposed project development will comprise of a petrol station with the following facilities

  • 5 dispensing pumps
  • 5 underground storage tanks
  • A canopy
  • Carwash
  • Service bay
  • Office block (lubricants shop, reception, clerk’s office, manager’s office and toilets)

The proposed project is located on Proposed Petrol Station on Kisii Municipality Block 3/13, Kisii Town.

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. District Environment Office, Kisii 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 6497
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 A PETROL STATION ON L.R. NO. RUIRU/MUGUTHA BLOCK 1/T/.564, ALONG THIKA ROAD, RUIRU TOWNSHIP, THIKA 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 implementation of the proposed development of a petrol station.

The proposed project entails the development of a petrol station which will include a filling area, service bay and tyre centre. The project is located on L.R. No. Ruiru/Mugutha Block I/T.564.

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, 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 6498
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED TENTED CAMP ON PLOT NUMBER 4510 KIRUYU SHEET 26, IGEMBE NORTH
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 construction of a tented camp.

The proposed project will involve construction of the following;

  • Fifteen (15) guest tents/cabins, in each two beds are accommodated one queen size, one single, a maximum capacity of 45 guests. They will be supended from the floor and will sit on metal rails, as shown in the figure 1 below.
  • One restaurant/lounge cabin/reception cabin
  • Metal container that will serve as a store
  • Three (3) containers for staff’s general usage
  • Two (2) metal containers for driver usage
  • Two metal containers placed on each other to hoist water tank to create high pressure for solar heaters
  • Five (5) solar heaters; 1 for staff, 1 kitchen, 3 for tents
  • Fibre glass wading pool
  • Nature trails for walking around

The proposed site is located on Plot NO. 4510 Kiruya Sheet 26, Murera village, Baariu sub-location, Kawiru location, Ndoleli division, in Igembe North District of Eastern province.

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, Eastern Province
  4. District Environment Office, Igembe North 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 6499
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED THIKA GREENS LIMTIED HOUSING DEVELOPMENT PHASE II ON PLOT L.R. NO. 10744 IN THIKA 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 implementation of the proposed housing development.

The proposed project development will comprise of a petrol station with the following facilities

The proposed project will comprise a housing estate including a police post, a dispensary, a community centre, a church, a nursery, primary schools, a shopping mall, a five star hotel and a modern golf course.

The proposed site of approximately 2,500 acres is located in New Kandar District about 4 kilometers to the North of Thika Town in Thika district and lies between the old Muranga Road and Kandara 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, Central  Province
  4. 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.

WILKISTER MAGANGI,
For Director- General,
          National Environment Management Authority

SUPPLEMENT No. 32
Legislative Supplement

LEGAL NOTICE NO.

68 – The Immigration Act – Exemption
69 – The Energy (Blending of Power Alcohol with Motor Gasoline) Regulations, 2010
70 – The Kenya Information and Communications (Universal Access and Service) Regulations 2010
71 – The Kenya Information and Communications (Licensing and Quality of Service) Regulations, 2010

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