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KLR WEEKLY e-NEWSLETTER |
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| Issue 41/2011 Newsletter Archive | Friday 14th October 2011 | |
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CONTEMPT OF COURT – THE LAW, PROCEDURE AND NEED FOR LAW REFORM Republic v County Council of Nakuru ex parte Edward Alera t/a Genesis Reliable Equipment & 3 others [2011] eKLR The High Court (W. Ouko, J – Nakuru) has decried the unsatisfactory state of the substantive and procedural law of contempt of court describing it as ‘unacceptable’ that courts in Kenya must make reference to the laws of England in dealing with matters of contempt of court. In deciding an application for committal for contempt of court brought against the Nakuru County Council, the High Court referred to the UK Contempt of Court Act, 1981 which with recent amendments remains the substantive law of contempt of court in England. The court observed that the procedure continues to be that provided for under order 52 of the Rules of the Supreme Court of the United Kingdom (which are gradually being replaced with the Civil Procedure Rules following the reforms recommended by The Lord Woolf Committee). The rules require that leave (now called permission) should be obtained before the application is made and notice of the application for permission must be given to the state no later than the preceding day. The court proceeded to set out the procedure to be followed after permission has been obtained. The applicants were tenants of the respondent, a municipal authority. They filed an application for leave to bring judicial review proceedings challenging the respondent’s decision to terminate its tenancy agreement with them and asking the court to restrain the respondent from evicting them or attaching their property. The High Court granted the applicants leave and ordered a stay of any further action by the respondent against them pending the proceedings. The applicants later filed a second application asking that the respondent’s clerk and the treasurer be committed to civil jail for contempt of court citing certain actions by the respondent which it was argued amounted to a disobedience of the stay order. This application was filed through a notice of motion without an application for leave. The Court held as follows: The basis of the law of contempt of court in Kenya are sections 5(1) of the Judicature Act (Cap. 8) and section 63 of the Civil Procedure Act (Cap. 21). However, both laws do not prescribe the procedure for applications for contempt of court. Local courts are guided by the powers and the procedure of the High Court of Justice in England. The Contempt of Court Act, 1981 [UK] with recent amendments remains the substantive law of contempt of court in England. Similarly, the procedure continues to be that provided for under order 52 of the Rules of the Supreme Court of the United Kingdom (which are being gradually replaced with the Civil Procedure Rules following the reforms recommended by The Lord Woolf Committee). Rules on contempt of court are still retained in the rules of the [UK] Supreme Court in Schedule 1 of the Civil Procedure Rules. The rules require that leave (called permission) should be obtained before the application is made; and the application must be accompanied by a statement setting out: The name and description of the applicant The applicant must give notice of the application for permission not later than the preceding day to the Crown Office (equivalent of the Attorney General’s Chambers – the State Law Office in the case of Kenya). After permission, the procedure is as follows: The substantive application, accompanied by a copy of the statement and affidavit in support of the application for permission must be served personally on the contemnor unless the court has dispensed with service or if it or he thinks tit just to do so. As a general rule, the court hearing an application for an order of committal must do so in public, except where the application relates to adoption, guardianship, custody and maintenance of an infant, or where proceedings relate to a person suffering from a mental disorder, or where it appears to the court that in the interest of justice or for reasons of national security the application should be heard in private. No grounds shall be relied on at the hearing of an application for contempt, except those set out in the statement, or in the claim form or application notice. The applicant’s application did not comply with any of these rules. |
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Kenya Gazette Vol. CXIII – No. 102 Dated October 14, 2011 GAZETTE NOTICE NO. 12710 IN EXERCISE of the powers conferred by section 86 (1) (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994, the Minister of State for Provincial Administration and Internal Security appoints the following to be proper officers with effect from 3rd October, 2011.
Dated the 3rd October, 2011. GEORGE SAITOTI, GAZETTE NOTICE NO. 12711 IN EXERCISE of the powers conferred by section 7 (1) (h) of the Kenya Roads Board Act, the Minister for Roads appoints — RITA KAVASHE to be a member of the Board of Kenya Roads Board, for a period of three (3) years, with effect from 30th September, 2011. Dated the 30th September, 2011. F. K. BETT, GAZETTE NOTICE NO. 12712 IN EXERCISE of the powers conferred by paragraph 1 of the Schedule to the Valuers Act, the Minister for Lands appoints: Under paragraph 1 (d) — Under paragraph 1 (e) — to be members of the Valuers Registration Board, for a period of three (3) years, with effect from 29th October, 2011. Dated the 3rd October, 2011. JAMES ORENGO, GAZETTE NOTICE NO. 12713 IN EXERCISE of the powers conferred by part B of the Third Schedule to the Science and Technology Act, the Minister for Medical Services appoints — Stephen Ochiel — (Chairman), to be members of the Medical Sciences Advisory Research Committee. This appointment is for a term of five (5) years and three (3) years for chairman and members respectively. Dated the 29th September, 2011. P. A. NYONGO, GAZETTE NOTICE NO. 12714 IN EXERCISE of the powers conferred by section 49 (1) of the Labour Relations Act, the Minister for Labour makes the following Order: (a) Easy Coach Limited to deduct from the wages of each unionisable employee who is not a member of the Transport and Allied Workers Union herein referred to as “Union” but is covered by the Collective Bargaining Agreement between the Union and Easy Coach Limited a sum of KSh. 400 per month. Dated the 28th September, 2011. JOHN MUNYES, GAZETTE NOTICE NO. 12715 IN EXERCISE of the powers conferred by section 5 (3) of the State Corporations Act, the Minister for Co-operative Development and Marketing appoints — JOSEPH KIPLAGAT KOGOS to be Director of the New Kenya Co-operative Creameries for a period of three (3) years, with effect from 17th October, 2011. The appointment of Sam K. Kottutt, is revoked with effect from 13th July,2011. Dated the 12th October, 2011. JOSEPH W. N. NYAGAH, GAZETTE NOTICE NO. 12716 IT IS notified for the information of the general public that in the interest of effective case management of the expeditious disposal of cases and in order that similar disputes are effectively and efficiently adjudicated before specialized division of the High Court, the Chief All applications for international adoptions under section 162 of the Children Act, 2011, shall be lodged, heard and determined at the Family Law Divisions of the High Court at Nairobi and Mombasa. All other adoption applications may be lodged and disposed of at any of the High Court Stations including the Family Division of the High Court at Nairobi. Dated the 7th October, 2011. WILLY MUTUNGA, GAZETTE NOTICE NO. 12717 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 the Lady Justice Roseline L. Korir, in place of Justice Milton A. Makhandia, whose appointment is revoked, to hear the election petition whose details are given hereunder in the High Court of Kenya, Nairobi. The election court will give directions as to the hearing of the petition. SCHEDULE
Dated the 6th October, 2011. WILLY MUTUNGA, GAZETTE NOTICE NO. 12718 PURSUANT to regulation 10 (1) of the Advocates (Admission) Regulations 2009, it is notified for general information that the Council of Legal Education Examinations for the Advocates Training Programme (ATP) shall be held at the Kenya School of Law, Lang’ata South Road, Karen, Nairobi, from 14th November through to 24th November, 2011, both dates inclusive.
The deadline for registration for the examinations is Friday, 4th November, 2011. Only students who have duly registered and have paid the requisite fees shall be allowed in the examination venue. W. KULUNDU-BITONYE, GAZETTE NOTICE NO. 12786 PURSUANT to clause 2 of part III of the Schedule of Tariffs 2008, notice is given that all prices for electrical energy specified in part II of the said schedule will be liable to a foreign exchange fluctuation adjustment of plus 274 cents per kWh. for all meter readings taken in October, 2011. Information used to calculate the adjustment:
Total units generated and purchased excluding exports in September, 2011 (G) = 628,063,496 kWh. L. K. NJAGI,
GAZETTE NOTICE NO. 12658 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 apartments. The proposed project will entail construction of one hundred and fifty-two (152) apartments. The apartments will be of two-bedroomed units only in eight blocks spread across the proposed site all with a ground floor and four floors upstairs. The proposed project site lies within Embakasi Village of Nairobi next to Kenya Airways Staff Housing project that is undergoing construction. The project will be located on LR No. 9042/24. The proposed site is approximately 0.8 hectares. The major anticipated impacts and proposed mitigation measures are 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), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. 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 SALOME MACHUA, GAZETTE NOTICE NO. 12659 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 Acacia junction service station. The project site will be on L.R. No. Kabete /Lower Kabete/T.342 ‘b’ at the junction of Lower Kabete road and Gachie-Kikuyu road in Kiambu district. The anticipated impacts and proposed mitigation measures are 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), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. 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. 13063 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 construction of the proposed 300 holiday apartments. The project will involve construction of 300 multi-storied apartments in 30 of four storey each (ground floor, 1st floor, 2nd floor, 3rd floor and 4th floor). Each floor will have two apartments. In The proposed site is on plot number 13324/1/MN(original no. 9139/1/MN) in Ngomongo villages, Bamburi Location, Shanzu Mombasa County. The proposed project site is approximately 10 kilometres north of Mombasa Island and measures approximately 6.2 hectares. The anticipated impacts and proposed mitigation measures are 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 Z. O. OUMA, GAZETTE NOTICE NO. 13064 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 construction of the proposed development of the university of Nairobi Kisumu campus complex building. The University of Nairobi intends to develop a 15 storey building complex as part of its expansion of Kisumu Campus. The building will house education facilities including lecture halls, offices, and library, among other facilities. The proposed development will be done in two phases, Phase 1 and 2. Phase 1 is proposed to begin in the first quarter of 2011, while Phase 2 will follow later. The building will be developed on the University plot, LR No. Kisumu Municipality/Block 7/340, located along Oginga Odinga Road near its junction with Achieng’ Oneko Road. The anticipated impacts and proposed mitigation measures are 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), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. 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. Z. O. OUMA, GAZETTE NOTICE NO. 13065 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 construction of the proposed Mumias water supply and sanitation project. The proposed Mumias water supply and sanitation project is part of the water and sanitation improvement program, which has the following objectives: • Construction of a gravity intake on the River Lusumu; The proposed project is in Mumias Municipality which is located in Butere/Mumias District at the Northern Edge of Western Province, neighbouring Butere Town to the South and Kakamega to the South East. The anticipated impacts and proposed mitigation measures are The full report of the proposed project is available for inspection during working hours at: (a) Director-General, the National Environment Management Authority (NEMA), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. 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 Z. O. OUMA, GAZETTE NOTICE NO. 13066 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 construction of the proposed Athi Holiday Resort Ltd. The proponent proposes to set up an idyllic holiday and recreational resort comprising a hotel with reception, lounge, administrative office, dining rooms, kitchens, conference rooms, and The proposed project site is situated on Plot Number Mavoko Town Block 3/1161/1162 consisting of five (5) acres each. The Location is about 8kms from Nairobi/Mombasa Road from Delvik Steel Company in Athi River and about 34km from Nairobi. The anticipated impacts and proposed mitigation measures are 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. Z. O. OUMA, GAZETTE NOTICE NO. 13067 IN EXERCISE of the powers conferred by section 15 of the Rating Act, the County Council of Meru South has, with the approval of the Deputy Prime Minister and Minister for Local Government approved the increment of rates on the following gazetted forests from KSh. 10
By Order of the County Council of Meru South. Dated the 7th September, 2011. M. K. KARIUKI, GAZETTE NOTICE NO. 13068 Cllr. Rosemary Wanjiku Kioi, to be members of the Murang’a Trade Development Joint Loans Board. Dated the 29th September, 2011. J. M. MUTHAMA, GAZETTE NOTICE NO. 13069 IN EXERCISE of the powers conferred by section 104 (3) of the Local Government Act, the County Council of Kakamega appoints — Cllr. Jafred Songha, to be members of the Kakamega Trade Development Joint Loans Board, for a period of three (3) years. Gazette Notice 6834 of 2008, is revoked. Dated the 16th September, 2011. P. W. KAMWESSAR, GAZETTE NOTICE NO. 13070 IN EXERCISE of the powers conferred by section 3 of the Local Government (Crop Cess Monitoring Committee) Regulations, 1988, the County Council of Bungoma appoints — Cllr. Chrisantus Sifuna—(Chairman) Members: Ex officio members: Dated the 11th July, 2011. S. M. KIBAARA, SUPPLEMENT Nos. 133–135 The Banking (Amendment) Bill, 2011. |
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"Transforming Legal Information Into Public Knowledge" |
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Kenya Law Weekly Issue 41/2011
14 October 2011
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