KLR WEEKLY e-NEWSLETTER |
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| Issue 114| Newsletter Archive | Friday 9th July 2010 | |
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COURT DEFINES ATTORNEY GENERAL’S DISCRETION IN REPRESENTING STATE CORPORATIONS “The decision of the superior court that the Attorney General had no locus standi to represent the Investment Promotion Centre was solely based on the narrow ground that the Centre was a body corporate with its own power to sue and be sued in its own name. However, this particular case is in our view, one where the AG has unquestionable right to represent a State Corporation in Civil proceedings …” The Court of Appeal has cleared the air on whether, the Attorney General (AG), who is the government legal advisor can represent a public officer or even a state corporation as a counsel. In reversing the decision of the superior court (Ojwang J ) that the AG had no power to represent a State Corporation, a three member bench ruled that though the AG cannot competently institute a suit in his own name on behalf of a State Corporation, he has unquestionable right to represent it in Civil proceedings. Section 26 of the current Constitution establishes the office of the AG as the ‘principal legal adviser’ to the Government of Kenya. The background to this case was that Joseph Kipruto (appellant) had filed a suit against the respondents on the basis that the two had wrongfully and fraudulently terminated his contract of employment as executive chairman of Investment Promotion Centre (IPC). (IPC is a State Corporation established under the Investment Promotion Centre Act (Cap 485, Laws of Kenya). The AG was sued on behalf of the Permanent Secretary (PS), Ministry of Trade & Industry as he was the one who allegedly terminated the appellant’s services. Mr Kipruto had thus filed a suit seeking a declaration that the PS’s purported termination of his services was unlawful, illegal and unprocedural and sought both special and general damages. Upon service of the summons to enter appearance together with plaint on IPC, the Managing Director of IPC requested the AG to represent it vide a letter dated June, 2004. Thereafter, the AG prepared a joint defence and counter-claim of himself as first respondent and also IPC (second respondent). These were verified by the affidavit of the Managing Director of IPC. In July, 2004 the AG entered appearance on behalf of the two respondents and also filed a joint defence and counter-claim on behalf of the 1st and 2nd respondents. The appellant subsequently filed an application for orders that the defence and counter-claim be struck out and for leave to enter judgment for non appearance and default in filling defence by the IPC. The application was mainly based on the ground that the memorandum of appearance and the defence filed by the AG on behalf of IPC was an abuse of the process of the court as the AG had no locus standi to file pleadings on behalf of IPC since IPC was a body corporate with power to sue and be sued in its name. The AG opposed the application contending, among other things, that IPC was legally and properly being represented by the AG. The High court was not convinced by an earlier decided case of Chief Nehemia Gotonga presented before it in which it was held that it was entirely within the administrative discretion of the Attorney General to decide whether it was in the interest of the crown (State) that it should provide legal representation for a particular litigant.In allowing the application, the court (Ojwang J.) held that the AG had no legal standing to enter appearance and file a defence and counter-claim on behalf of IPC and that the appearance and defence and counter-claim were thus a nullity with the result that IPC must be taken as not having filed a defence and counter-claim. The High court thereupon struck out the appearance and the defence and counter-claim and gave leave for entry of judgment against IPC for non-appearance and for default of defence and as a result entered judgment against IPC. IPC then instructed a firm of Advocates to enter appearance on behalf of it and the firm filed an application seeking to set aside the exparte judgment entered against IPC under the Civil Procedures Rules (CPR). The application was ultimately heard and allowed by Ransley, J. in September, 2005 thereby precipitating the instant appeal. The current appeal was against the exercise of judicial discretion to set aside judgment entered ‘‘in default of appearance and defence’’ and also against the consequential order giving IPC leave to enter appearance and file a defence. Mr. Thangei, counsel representing the appellant contended that the judge lacked jurisdiction to set aside the judgment as the judgment was not an exparte judgment in the first place. He further argued that the judge had misdirected himself in both law and in fact in failing to appreciate that there was inordinate delay from the time IPC was served with summons to enter appearance and the time it applied for setting aside of the judgment and that the Judge had erred in law in allowing M/s. Wekesa & Co. Advocates to represent IPC when the firm was not properly on record as it had not sought leave of the court to appear for IPC. The Court of Appeal concurred with the appellant’s contention that the Civil Procedure Rules (CPR) provide that a change of advocate after the judgment has been passed should not be effected without an order of the court upon an application with notice to the advocate already on record. The court however noted that this only applied to a situation where a party who had previously engaged an advocate in a suit intended either to act in person or had engaged another advocate after the court has passed judgment, which was different from the present case as IPC had not engaged AG as counsel but had merely requested the AG to represent it. Furthermore, the court observed that superior court’s ruling that the AG’s documents were a nullity as the AG had no locus standi to represent IPC meant that that IPC had not been represented by AG ab initio hence, no advocate had been on record. The appellate court thus concluded that there was in essence no change of advocates and hence no leave of court was required. On the question as to the exercise of judicial discretion to set aside an ex parte judgment, the appellate court referred to the case of Shah vs. Mbogo that sets the principles governing the exercise of a court’s discretion to set aside a judgment obtained exparte. In the Shah’s case, it had been held that a court’s discretion to set aside an exparte judgment was intended to avoid injustice or hardship resulting from accident, inadvertence or excusable mistake or error but not to assist a person who has deliberately sought to obstruct or delay the course of justice. The appellate court noted that the superior court (Ransley J.) had exercised its discretion judicially in the present case, because had the superior court declined to set aside the judgment, IPC would have suffered great injustice as it would have been condemned unheard for no fault of its own. Was it then in order for the Attorney General to enter appearance and file defence on behalf of the state corporation? In answering this question, the court agreed with the holding in the case of AG vs KCB that the AG cannot competently step into the shoes of a State Corporation which had power to sue and be sued in its corporate name and institute a suit in his own name on behalf of the State Corporation. The suit can only be instituted in the name of the specific State Corporation. The Court however clarified that there are instances where the AG has unquestionable right to represent a State Corporation in Civil proceedings and this was such one. Ringera, J. was however guided by section 34 of the Government Proceedings Act which authorizes the Government to control or intervene in proceedings affecting its rights, property or profits and stated as follows: “In my view, the Attorney General may step in such proceedings by either offering legal services as counsel or by applying to be joined either as a plaintiff or defendant as the case may be or as a necessary party …….”. The appellate court however distinguished this case with the present one in that the AG had not instituted the suit in his own name on behalf of IPC. Rather, the AG and IPC had been sued as co-defendants. The court further held that the decision of the superior court that the AG had no locus standi to represent IPC was solely based on the narrow ground that IPC was a body corporate with its own power to sue and be sued in its own name. The court stressed that there was however no restriction on the right of representation. The superior court had thus confused the power of the Attorney General to institute civil proceedings and the discretion of the Attorney General to appear as a counsel for a party in civil proceeding. The court also noted that the appellant had been appointed and retired by the Government (through the relevant Permanent Secretaries) and the role of IPC was thus peripheral. The court was further persuaded by the holding in the Chief Nehemiah case in which it was stated that the Attorney General has discretion to appear as counsel for any public officer (even though the officer is sued in a private capacity) or for any public body. In dismissing the appeal, the appellate court concluded that the court below had erred in law in excluding the Attorney General from representing IPC and in striking out the appearance, defence and counter-claim filed on its behalf by AG. |
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Vol CXII-No.67 Dated July 9,2010 GAZETTE NOTICE NO. 7732 IN EXERCISE of the powers conferred by section 3 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for Local Government approves the extension of the Municipal Council of Mombasa’s Valuation Roll for a period of two years (2008 to 2010) Dated the 14th June, 2010. MUSALIA MUDAVADI, ![]() GAZETTE NOTICE NO. 7733 CORRIGENDUM IT IS notified for the information of the general public that, in accordance with the Constitution of Kenya, the Government, through appropriate legislation, intends to change the names of the districts named in the first column specified in the schedule below to be known by the name presented in the second column of the schedule. SCHEDULE The Lagdera The Daadab Dated the 24th May, 2010. GEORGE SAITOTI, ![]() GAZETTE NOTICE NO. 7734 APPOINTMENT IN EXERCISE of the powers conferred by section 5 (3) of the State Corporations Act, the Minister for Trade appoints- PETER KIMURWA To be the chief Executive officer of he Industrial and Commercial Development Corporation, for a period of three (3) years, with effect from 14th June, 2010. Dated the 28th June, 2010. AMOS KIMUNYA ![]() GAZETTE NOTICE NO. 7735 APPOINTMENT IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Tourism appoints- WYCLIFF APHESEINE ANYASI to be a member of the Board of Catering and Tourism Development Levy Trustee, for a period of three (3) years, with effect from 1st July, 2010. Dated the 2nd July, 2010. N.M. BALALA, ![]() GAZETTE NOTICE NO. 7736 APPOINTMENT IN EXERCISE of the powers conferred by section 6 (1) of the Kenya Tourist Development Corporation Act, the Minister for Tourism appoints- MARIANNE NDEGWA JORDAN to be the Managing Director of the Kenya Tourist Development Corporation, for a period of three (3) years with effect from 1st June, 2010. Dated the 30th June, 2010. N.M. BALALA, ![]() GAZETTE NOTICE NO. 7737 APPOINTMENT IN EXERCISE of the powers conferred by section 9 (1) of the Ewaso Ng’iro South River Basin Development Authority Act, the Minister for Regional Development Authorities appoints- CHARLES SUNKULI To be the Managing Director of the Ewaso Ng’iro South River Basin Development Authority, for a period of three (3) years, with effect from 31st May, 2010. Dated the 24th June, 2010. F.O. GUMO, ![]() GAZETTE NOTICE NO. 7738 APPOINTMENT IN EXERCISE of the powers conferred by section 10 (1) of the Coast Development Authority Act, the Minister for Regional Development Authorities appoints- JAMES KAHINDI MANGI to be the Managing Director of the Coast Development Authority, for a period of three (3) years, with effect from 1st July, 2010. Dated the 24th June, 2010. F.O. GUMO, ![]() GAZETTE NOTICE NO. 7739 APPOINTMENT IN EXERCISE of the powers conferred by section 125 (1) of the Environmental Management and Co-ordination Act, the Minister for Environment and Mineral Resources appoints- Jane Akinyi Dwasi to be members of the National Environment Tribunal, for a period of three (3) years, with effect from 2nd July, 2010. Dated the 28th June, 2010. J.N. MICHUKI, ![]() GAZETTE NOTICE NO. 7740 IT IS notified for the information of the general public that pursuant to section 6 (2) of the National Crime Research Centre Act 1997- MATHEW KIRAI ITEERE is a member of the Governing Council of the National Crime Research Centre. Gazette Notice no. 5390 of 2006, is revoked. Dated the 1st July, 2010. S.A. WAKO ![]() GAZETTE NOTICE NO. 7741 APPOINTMENT IN EXERCISE of the powers conferred by section 47 of the Law of Succession Act, the Chief Justice appoints- CHARLES OBULUTSA to represent the High Court for the purposes of the section with effect from 1st July, 2010. Dated the 24th June, 2010. J.E. GICHERU, ![]() GAZETTE NOTICE NO. 7742 IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of- LOIS C. KOMINGOI Principal Magistrate, to Kenya shillings one million (Ksh. 1,000,000), with effect from the 1st July, 2010. Dated the 23rd June, 2010. J.E. GICHERU, ![]() GAZETTE NOTICE NO. 7743 IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of- GODFREY ODUOR Principal Magistrate, to Kenya shillings one million (Ksh. 1,000,000), with effect from the 1st July, 2010. Dated the 23rd June, 2010. J.E. GICHERU, ![]() GAZETTE NOTICE NO. 7744 IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increase the limit of jurisdiction of- CELESA ASIS OKORE Resident Magistrate to Kenya shillings five Hundred thousand (Kshs. 500,000), with effect from 1st July, 2010. Dated the 23rd June, 2010. J.E. GICHERU, ![]() GAZETTE NOTICE NO. 7745 PURSUANT to section 9 of the Banking Act, it is notified for the general information of the public that-
Dated the 1st July, 2010. NJUGUNA NDUNG’U, GAZETTE NOTICE NO. 7746 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- DORCAS J. RONO to be the Deputy Registrar of Marriages, Thika West District. Dated the 24th June, 2010. B.W. GACHEGU, ![]() *L.N. 186/1963 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- WILSON G. NJENGA to be the Deputy Registrar of Marriages, Thika West District. Dated the 24th June, 2010. B.W. GACHEGU, ![]() *L.N. 186/1963 GAZETTE NOTICE NO. 7748 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- HIRAM KAHIRO to be the Deputy Registrar of Marriages, Kajiado District. Dated the 24th June, 2010. B.W. GACHEGU, ![]() *L.N. 186/1963 GAZETTE NOTICE NO. 7749 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- KALUME KASHURU to be the Deputy Registrar of Marriages, Kajiado District. Dated the 24th June, 2010. B.W. GACHEGU, ![]() *L.N. 186/1963 GAZETTE NOTICE NO. 7750 REVOCATION OF LAND TITLES WHEREAS the parcel of land whose details are described under the schedule herein below were allocated and title issued to private developers, it has come to the notice of the Government that the said parcel of land were reserved for public purposes under the relevant provisions of the Constitution, 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 the said title. SCHEDULE Mombasa/Block/1085 R.M. INGONGA ![]() GAZETTE NOTICE NO. 7751 REVOCATION OF LAND TITLES WHEREAS the parcel of land whose details are described under the schedule herein below were allocated and title issued to private developers, it has come to the notice of the Government that the said parcel; of land were reserved for public purposes under the relevant provisions of the Constitution, 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 the said title. SCHEDULE Nairobi L.R. No. 21194
G.G. GACHIHI ![]() GAZETTE NOTICE NO. 7752 REVOCATION OF LAND TITLES WHEREAS the parcel of land whose details are described under the schedule herein below were allocated and title 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, 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 title. SCHEDULE Kwale/Diani Beach/856 A.M. ALEX ![]() GAZETTE NOTICE NO. 7753 REVOCATION OF LAND TITLES WHEREAS the parcel of land whose details are described under the schedule herein below were allocated and title issued to private developers, it has come to the notice of the Government that the said parcel of land were reserved for public purposes under the relevant provisions of the Constitution, 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 title. SCHEDULE Kitale Block 4/364 A.M. ALEX ![]() GAZETTE NOTICE NO. 7754 REVOCATION OF LAND TITLES WHEREAS the parcel of land whose details are described under the schedule herein below were allocated and title issued to private developers, it has come to the notice of the Government that the said parcel of land were reserved for public purposes under the relevant provisions of the Constitution, 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 the said title. SCHEDULE ![]() GAZETTE NOTICE NO. 7755 REVOCATION OF LAND TITLES WHEREAS the parcel of land whose details are described under the schedule herein below were allocated and title issued to private developers, it has come to the notice of the Government that the said parcel of land were reserved for public purposes under the relevant provisions of the Constitution, 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 the said title. SCHEDULE ![]() GAZETTE NOTICE NO. 8028 SUMMER VACATION, 2010 The summer vacation shall commence on Sunday, 1st August, 2010 and shall terminate on Wednesday, 15th September, 2010. During the vacation, the Registry of the Court will be open to the public from 9.00 a.m. to 12 noon on all weekdays except Public Holidays. A judge will be in attendance for the disposal of any urgent business. M.K.K. SEREM, ![]() GAZETTE NOTICE NO. 8029 THE Summer Vacation of the High Court Kenya, other than in the Coast Province, shall commence on 1st August, 2010, and terminate on 15th September, 2010, both days inclusive. The Summer Vacation of the High Court in the Coast Province shall commence on 1st August, 2010, and shall terminate on 18th August, 2010 both days inclusive. During the period trials in criminal appeals will take place as usual. A Judge will hear urgent civil matters, if admitted to hearing on application made in accordance with the rules of the court. During the vacation, the offices of the High Court, elsewhere other than Mombasa and Malindi, shall be open to the public from 8.45 a.m. to 12.00 noon on all weekdays other than public holidays. The offices of the High Court at Mombasa and Malindi, shall be open to the public from 8.00 a.m. to 12.30 p.m. on all weekdays, other than public holidays. All courts shall be closed on public holidays. All courts and offices of the chief magistrate, senior principal magistrate, principal magistrate, senior resident magistrate, resident magistrate, kadhis and district magistrate will be open during the usual hours for the Government Departments in each province. Criminal cases will, in all subordinate courts, be heard as usual. Civil suits and civil matter of an urgent nature or those in which advocates are not engaged may also be heard in these courts if convenient. Dated the 1st July, 2010. L.A ACHODE, ![]() GAZETTE NOTICE NO. 8030 78TH QUARTERLY REPORT 1. PURSUANT to sections 53 (9) of the Advocates Act and 12 (1) of the Advocates (Complaints Commission) Rules 1991, it is notified for general information that between 1st April, 2010 and 30th June, 2010, the Commission received a total of three hundred and twenty-three (323) new complaints out of which eighty (80) were classified and files opened. Two hundred and forty-three (243) were submitted for further enquiry under preliminary initiative. 2. The nature of new complaints is shown below: Nature of complaints No. of complaints (a) Failure to account 16 TOTAL 113 3. Complaints filed against advocates/firms of advocates were disposed of in the following manner: Classified Complaints No. of Complaints (a) Abandoned 88 Total 167 (ii) Preliminary Enquiry (PE) Complaints
5. During the same period a further twenty-five (25) cases were disposed off as follows: No. of Complaints TOTAL 25 6. In pursuant to section 53 (4) and in the spirit of section (5) of the Advocates Act, forty three (43) complaints were settled amicably by the Advocates Complaints Commission. Dated the 5th July, 2010. JOSEPH KING’ARUI, ![]() GAZETTE NOTICE NO. 8031 PURSUANT to regulation 13 of the Council of Legal Education (Admission) Regulations ,it is notified that ABDULKADIR A.S.S EL-KINDIY Dated the 28th June, 2010. W. KULUNDU-BITONYE, ![]() GAZETTE NOTICE NO. 8038 INTENDED DESTRUCTION OF COURT RECORDS IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Resident Magistrate’s Court at Kithimani, intends to apply to the Chief Justice, for leave under rule 3 to destroy the records, books and papers of the Senior Resident Magistrate’s Court at Kithimani as set out below: Criminal cases 2004-2007 A comprehensive list of all condemned records that qualify to be disposed under the Act can be obtained and perused at the Senior Resident Magistrate’s Court Registry, Kithimani. Any person desiring the return of any exhibit in any of the above cases must make his/her claim within the time stipulated in this publication should do so before the expiry of the notice. All exhibits to which no claim is substantiated before the destruction of the records shall under section 4 be deemed to be part of the records for the purposes of destruction. Dated the 3rd June, 2010. A.W. Mwangi, ![]() GAZETTE NOTICE NO. 8039 INTENDED DESTRUCTION OF COURT RECORDS IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Senior Resident Magistrate’s Court at Mwingi, intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Senior Resident Magistrate’s Court at Mwingi as set out below: Criminal cases 2003-2007 A comprehensive list of all condemned records that qualify to be disposed under the Act can be obtained and perused at the Senior Resident Magistrate’s Court Registry, Mwingi. 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 disposal. Dated the 3rd June, 2010. H.M. NYABERI, ![]() GAZETTE NOTICE NO. 7710 ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED FUEL SERVICE STATION IN GARISSA TOWN ON LR/No: GARISSA TOWN/BLOCK 111/430 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 service station. The proposed Project will comprise of service station, restaurant, mini-mart, station office, lubricants/spare parts shop, store and a service pit. In addition, such facilities will go along with waste water system-septic, soak pit, and storm water drain. Toilets for both genders will be availed and shower room as well. There will be three pumps, two for diesel and one for petrol. The proposed service (fuelling) station will be located in Garissa Town on plot LR/No; Garissa Town/Block 111/430. The project anticipates the impacts and mitigation measures set out in the gazette. The full report of the proposed project is available for inspection during working hours at:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN ![]() GAZETTE NOTICE NO. 7711 ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED PETROL STATION ON L.R. NO. BLOCK 3/14/15/16 NYAMBERA, KISII TOWN PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority, (NEMA) has received an environmental impact assessment study report for the proposed petrol station. The proposed petrol development will comprise of a petrol station with the following facilities: Four underground fuel tanks; a pumping bay of four pumps and three pump islands; a main office which has a shop, sales area, store, drop area, gas cage and compressor room; toilet facilities with a changing room; a car wash; an oil interceptor; tyre centre; service bay; a mini-supermarket; a cafeteria and a parking area. The proposed 1.06 acres development site is located on the industrial area of Kisii Town along Daraja Moja – Nyambera-Daraja Mbili road. The project anticipates the impacts and mitigation measures set out in the gazette. The full report of the proposed project is available for inspection during working hours at:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B.M. LANGWEN ![]() GAZETTE NOTICE NO. 7712 ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED PETROLEUM DEPOT ON PLOT NO. NAIROBI/BLOCK 97/9, 50, 51, AND 105 ALONG OUTERING ROAD EMBAKASI 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 petroleum depot. The proposed project will entail development of a Petroleum depot which will include installation of five above ground tanks with a capacity of 90M3 each for Automotive Diesel and illuminating Kerosene only, a loading gantry, offloading area, fire fighting system and related office. The project is located on L.R. Nos Nairobi/Block 97/49, 50, 51 & 105, along Outer Ring Road Nairobi. The project anticipates the impacts and mitigation measures set out in the gazette. The full report of the proposed project is available for inspection during working hours at:
The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. A.M. KARIUKI, ![]() SUPPLEMENT NO. 42 The Constitution of Kenya (Amendment) Bill, 2010
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Kenya Law Weekly Issue 114/2010
9 July 2010
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