Kenya Law Weekly Issue 43/2011

| Issue 43/2011 Newsletter Archive | Friday 28th October 2011 |

EVIDENCE OBTAINED THROUGH ENTRAPMENT BY STATE AGENTS IS ILLEGAL AND THUS INADMISSIBLE IN A CRIMINAL CASE
By Christian Bernard Ateka

“...entrapment is a complete defence and it does not matter that the evidence against the person is overwhelming or that his guilt was undisputed.   The court must refuse to convict an entrapped person not because his conduct falls outside the proscription of the statute but because even if his guilt is admitted, the methods and manner employed on behalf of the State to bring about the evidence cannot be countenanced.”

Mohamed Koriow Nur v The Attorney General [2011] eKLR (www.kenyalaw.org)
Petition No. 181 of 2010
High Court, at Nairobi
M.Warsame J.
September 30, 2011

The High Court has ruled that evidence sought to be relied upon by the State and obtained through the process of entrapment is inadmissible.  In making this ruling, Justice Warsame observed that the criminal justice system would be compromised should the State be allowed to prosecute and punish someone for committing a crime which he only committed because he had been instigated into committing it by a State agent.

The facts of this petition are that around mid March 2007, one Jeremiah Kaluma Buchianga, an investigator at the Kenya Anti-Corruption Commission (KACC) and therefore a state agent, had been assigned to investigate an alleged grabbing of a piece of land LR. NO. 209/16441 by Mr. Mohamed Koriow Nur, who is the petitioner herein.  Mr. Buchianga proceeded to arrange a meeting with Mr. Nur on 14th March, 2007 and he equipped himself with a tape recorder to assist him in his investigation.

In the course of the meeting, it was alleged that Mr. Nur asked Mr. Buchianga to make a favourable investigation report about the acquisition of the land in question so that the land could not be repossessed from him.  In return for such a report he promised to do anything that he would be asked for.  Through a concealed recording, the KACC agent engaged Mr. Nur in a mock bribe-bargaining that led them to settle on a bribe of 1 million shillings payable in two installments of Kshs.500,000/= each. It was further agreed that the first installment would be paid the following day. 

On 15th March, 2007 together with five other officers, Mr. Buchianga proceeded to an agreed venue with a view to arrest Mr. Nur if he bribed him as he had promised the previous day.   Mr. Nur arrived at the scene and allegedly gave a brown A4 size envelope which contained Kshs.500,000/=.  He was promptly arrested and charged with three offences relating to the contravention of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. 

It is against these criminal charges that Mr. Nur petitioned the High Court to declare, among others, that the evidence sought to be relied upon by the Attorney General in the Criminal Case was obtained by or through the process of entrapment and is therefore inadmissible. 
It was contended by the petitioner that the said KACC agent, having informed him that he was carrying out an investigation with respect to the land in question, he had insisted that the petitioner must meet him, otherwise he would write an investigation report in such a manner as to implicate the petitioner in the alleged fraud and in acquisition of the land.  As a result, the petitioner met with Mr. Buchianga who turned the conversation in the direction of ‘performance and reward’ by asking the petitioner what he was willing to do for him should he write a favourable report.

Mr. Macharia, the advocate for the petitioner submitted that the conduct of Mr. Buchianga as set out in the recorded conversation was clearly unjustified, illegal and amounted to a clear case of entrapment.   This contention was based on the fact that at the time of engaging in the conversation, Mr. Nur was not under any investigation by KACC with regard to the offence of corruption or any other offence and therefore had no reason to bribe or offer any inducement to anyone.  Further, Mr. Macharia submitted that from the conversation, the KACC agent repeatedly invited Mr. Nur to do something he did not intend to do by commencing the request for a bribe and as a result, he planted an intention to commit a crime in the mind of Mr. Nur where such intention did not exist before.

On the other hand, Mr. Mule, the State counsel, contented that Mr. Nur had indeed bribed Mr. Buchianga and therefore, he had been properly charged upon the sufficiency of the evidence obtained by the KACC agent.  Further, he contended that there was no entrapment of the petitioner by Mr. Buchianga and the petition was a mere attempt to delay the trial of the criminal case.

In determining the petition, the court first sought to address the legality and admissibility of evidence obtained through entrapment in a Criminal Case.

Justice Warsame observed that in law, entrapment is viewed as a type of lawlessness by law enforcement officers and is a tactic which is rationalized under the theory that the end justifies the employment of the illegal means.   In essence, entrapment is a State created crime which is unacceptable and improper.  The court clearly stated that judicial response to entrapment is based on the need to uphold the rule of law   and therefore, it is not sufficient to do justice by obtaining a proper result where such a result acquired through irregular and improper means.  The judge noted that essentially, entrapment is a complete defence and it does not matter that the evidence against the person is overwhelming or that his guilt was undisputed.   He further stated that the court must refuse to convict an entrapped person not because his conduct falls outside the proscription of the statute but because even if his guilt is admitted, the methods and manner employed on behalf of the State to bring about the evidence cannot be countenanced.

The court re-emphasized that it is wholly wrong for a State agent to induce a person to commit an offence in order that an offence may be detected by the same agent. In determining whether entrapment occurred, the learned judge observed that it is important to analyze and scrutinize how much and what manner of persuasion, pressure and cajoling was brought to bear by the law enforcement agent to induce persons to commit a crime.

Having scrutinized the recorded conversation between the petitioner and Mr. Buchianga in detail in order to understand and determine the issue in dispute, Justice Warsame concluded that Mr. Buchianga had actually lured Mr. Nur into committing an act of bribery for which the State was now seeking to prosecute him. The court further concluded that the actions and conduct of Mr. Buchianga went beyond those of an undercover agent because he instigated the offence and there was nothing to suggest that without his intervention and participation, the offence would have nevertheless been committed.  For this reason, the learned judge ruled that the evidence so obtained through entrapment by the state agent was illegal and unlawful and thus inadmissible in a Criminal Case against the petitioner.

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Kenya Gazette Vol.CXIII – No. 106 Dated October 28, 2011

GAZETTE NOTICE NO. 13464
THE CENTRAL BANK OF KENYA ACT
(Cap. 491)
APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (2) of the Central Bank of Kenya Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, appoint —

HARON SIRIMA (DR.)

to be the Deputy Governor of the Central Bank of Kenya, for a term of four (4) years, with effect from 24th October, 2011. The appointment of Hezron Omare Nyangito, is accordingly revoked.

Dated the 24th October, 2011.
MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 13465
THE OFFICE OF DEPUTY PRIME MINISTER AND MINISTRY
OF LOCAL GOVERNMENT
EXTENSION OF TIME

IT IS notified for the general information of the public that the period of appointment of the National Steering Committee on Devolved Government contained in Gazette Notice Nos. 12875 and 15885 of 2010 and 1777 of 2011 has been extended for a period of two months with effect from 13th September, 2011.

Dated the 21st October, 2011.

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

GAZETTE NOTICE NO. 13466
THE COFFEE ACT
(No. 9 of 2001)
THE COFFEE DEVELOPMENT FUND
APPOINTMENT

IN EXERCISE of the powers conferred by section 34 (3) (e) of the Coffee Act, 2001, the Minister for Agriculture appoints —

RICHARD BELIO KIPSANG (DR.)

to be the Managing Trustee of Coffee Development Fund, for a period of four (4) years, with effect from 14th October, 2011. The appointment of George O. Ooko*, is revoked.

Dated the 25th October, 2011.

S. J. KOSGEI,
Minister for Agriculture.
*G.N. 11433/2009.

GAZETTE NOTICE NO. 13467
THE MOMBASA POLYTECHNIC UNIVERSITY COLLEGE
ORDER
(L.N. 160 of 2007)
APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (g) (iv), (v) and (vii) of the Mombasa Polytechnic University College Order, the Minister for Higher Education, Science and Technology appoints —

Mariam El-Maawy,
Timothy Waema (Prof.),
Bishop Julius Kalu,

to be Council members of Mombasa Polytechnic University College Council, for a period of three (3) years.

Dated the 18th October, 2011.

M. J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 13468
THE KIMATHI UNIVERSITY COLLEGE OF TECHNOLOGY
ORDER
(L.N. 162 of 2007)
APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (g) (iii), (v) and (vi) of the Kimathi University College of Technology Order, the Minister for Higher Education, Science and Technology appoints —

Wahu Kaara,
Irshad Ibrahim,
Jacqueline Musyoki,

to be Council members of Kimathi University College of Technology Council, for a period of three (3) years.

Dated the 18th October, 2011.

M. J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 13469
THE KISII UNIVERSITY COLLEGE ORDER
(L.N. 163 of 2007)
APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (g) (iii) and (v) of the Kisii University College Order, the Minister for Higher Education, Science and Technology appoints —

Mercy Nyawira Chidi,
Raymond Chemweno,

to be Council members of Kisii University College Council, for a period of three (3) years.

Dated the 18th October, 2011.

M. J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 13470
THE NAROK UNIVERSITY COLLEGE ORDER
(L.N. 101 of 2008)
APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (h) and (i) of the Narok University College Order, the Minister for Higher Education, Science and Technology appoints —

Joan Cuka Kagwanja (Mrs.),
Leah J. Kibiego (Mrs.),
to be Council members of Narok University College Council, for a period of three (3) years.

Dated the 18th October, 2011.

M. J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 13471
THE TASK FORCE ON ALIGNMENT OF THE EDUCATION,
SCIENCE AND TECHNOLOGY SECTOR WITH THE
CONSTITUTION
AMENDMENT

PURSUANT to the establishment of the Task Force on Alignment of the Education, Science and Technology Sector with the Constitution, the Minister for Education, Science and Technology amends Gazette Notice No. 11626 of 2011 in paragraph 5 by deleting the words “from the 1st    November, 2011” and substituting therefore the words “with effect from the 1st October, 2011”.

Dated the 12th October, 2011.

M. J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 13472
THE TASK FORCE ON ALIGNMENT OF THE EDUCATION,
SCIENCE AND TECHNOLOGY SECTOR WITH THE
CONSTITUTION
APPOINTMENT

PURSUANT to the establishment of the Task Force on Alignment of the Education, Science and Technology Sector with the Constitution, vide Gazette Notice No. 11626 of 2011, the Minister for Higher Education, Science and Technology appoints —

STELLA JELAGAT KIRUI (DR.)

as a member of the Task Force, with effect from 23rd September,2011; and

NASTEHA OMAR HAJI

as a member of the Task Force with effect from the 1st October, 2011.

Dated the 14th October, 2011.

M. J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 13473
THE CO-OPERATIVE SOCIETIES ACT
(Cap. 490)
INTENTION TO EXEMPT

LET ALL the parties concerned take notice that Othaya Farmers Co-operative Society Limited has applied to be exempted from the provisions of section 28 (1) of the Co-operative Societies Act.

Take notice that any person having an objection regarding the intended exemption under the provisions may make representations to the Minister for Co-operative Development and Marketing within thirty (30) days of publication of this notice.

Take further notice that if no objection has been lodged within thirty (30) days from the date of publication of this notice, the Minister will proceed to grant the exemption sought as he may deem fit.

Dated the 19th October, 2011.

JOSEPH W. N. NYAGAH,
Minister for Co-operative Development and Marketing.

GAZETTE NOTICE NO. 13474
THE COAST DEVELOPMENT AUTHORITY ACT
(Cap. 449)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) (i) of the Coast Development Authority Act, the Minister for Regional Development Authorities appoints —

THOMAS SHEDRACK DUDA

to be a Board member of the Coast Development Authority, for a period of three (3) years, with effect from 24th October, 2011. The appointment of Mohamed Dhidha*, is revoked.

Dated the 17th October, 2011.

F. O. GUMO,
Minister for Regional Development Authorities.
*G.N. 1176/2009.

GAZETTE NOTICE NO. 13475
THE CHILDREN ACT
(No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 155 (1) and Ninth Schedule to the Children Act, the Minister for Gender, Children and Social Development appoints:

Under paragraph (b) —

John Ondeche,
Anthony Mulongo,
Mary Musyoka;

Under paragraph (c) —
Christopher Maina (Dr.);

Under paragraph (d) —
Loice Mutai;

Under paragraph (e) —
Faith Waigwa (Dr.);

to be members of the Adoption Committee, for a period of three (3) years, with effect from 1st  October, 2011.

Dated the 18th October, 2011.

NAOMI SHABAN,
Minister for Gender, Children and Social Development.

GAZETTE NOTICE NO. 13476
THE CHILDREN ACT
(No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 33 (1) of the Children Act, 2001, the Minister for Gender, Children and Social Development appoints —

Under paragraph (j) —

Philista Onyango,
Fatuma Kinsi,
George Okado,
Collins Okeyo,
Inviolata Mmbwavi,
Jemimah Kambe Tuja;

Under paragraph (k)—
Peter Nzimbi,
Vincent Wambugu
Mohammed Sheik;

to be members of the National Council for Children’s Services, for a period of three (3) years, with effect from the 1st October, 2011.

Dated the 19th October, 2011.

NAOMI SHABAN,
Minister for Gender, Children and Social Development.

GAZETTE NOTICE NO. 13477
THE AUCTIONEERS ACT
(No. 5 of 1996)
APPOINTMENT

IN EXERCISE of the powers conferred by section 3 of the Auctioneers Act, the Chief Justice appoints —

LILIAN RENEE OMONDI (MS.)

as a member of Auctioneers Board, with immediate effect. The appointment of Solomon Wamwayi, is revoked.

Dated the 21st October, 2011.

WILLY MUTUNGA,
Chief Justice/President, Supreme Court of Kenya.

GAZETTE NOTICE NO. 13478
THE CIVIL PROCEDURE ACT
(Cap. 21)
ESTABLISHMENT
 
TAKE NOTICE that the Chief Justice/President,Supreme Court of Kenya has established Garissa High Court, with supervisory jurisdiction over Garissa, Mandera, Wajir, Hola, Kyuso and Mwingi Magistrate’s Courts, with effect from 1st October, 2011.

Dated the 26th October, 2011.

WILLY MUTUNGA,
Chief Justice/President, Supreme Court of Kenya.

GAZETTE NOTICE NO. 13479
JUDICIAL SERVICE COMMISSION
VACANCY IN THE OFFICE OF JUDGE OF THE COURT OF APPEAL

THE Judicial Service Commission of Kenya invites applications from qualified persons for the following position in the Judiciary:

Judge of the Court of Appeal (7 posts)

 Ref:                            V/No. 8/2011
Terms of Service:       Constitutional Office
Period of service:       Retirement at the age of 70 years with an election to retire on attaining the age of 65 years.

Functions:
A Judge of the Court of Appeal shall serve in the Court of Appeal of Kenya and shall exercise the following functions:
(a) Hear and determine Appeals from the high court, and
(b) Hear determine appeals from other courts or Tribunals as prescribed by an Act of Parliament.

Constitutional and Statutory Requirements for Appointment:
For appointment to the position of Judge of Appeal, the applicants must possess the following minimum qualifications:
(a) Hold a law degree from a recognized university, or
(i) Be an advocate of the high court of Kenya; or
(ii) Possess an equivalent qualification in common-law jurisdiction;

(b) Have at least ten years’ experience as a superior court judge; or
(i) At least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
(ii) Held the qualifications mentioned in paragraph (i) and (ii) for a period amounting, in the aggregate to ten years.

(c) Have a high moral character, integrity and impartiality.

(In addition to the above qualifications, the applicants must demonstrate a high degree of professional competence, communication skills, fairness, good temperament, making of good judgments in both legal and life experiences and commitment to public and community service.)
The appointment shall be made in accordance with Article 166 (1) (b) (2) and (4) of the Constitution of Kenya.

Interested and qualified persons are requested to make their applications by forwarding 12 copies (as well as a soft copy) of the following.

(1) A letter of application
(2) A detailed and updated curriculum vitae summarizing the applicant’s bio-data including, background information, (such as community service, financial discipline, pro bono activity, involvement as a party in litigation and involvement in political activity including any financial contribution to any political party/parties and criminal record) legal/professional engagement for
the last five (5) years, three (3) professional referees and two (2) character references who can verify and comment on the applicant’s past and present employment.
(3) Completed Application for Employment Forms in triplicate - JSC 2A(for public officers) or JSC 2 (for other applicants).
(4) The applicant’s 12 recent coloured passport size photographs.
(5) Five (5) samples of any writings by the applicant, including but not limited to judgments, advocacy submissions in courts, scholarly writings or any legal publications that the applicant has authored.
(6) Declaration of income and liabilities as at the time of making the application, using the prescribed forms (The Declaration of Income, Assets and Liabilities Form JSC 2b). For those who are in Government employment, attach copies of returns of declaration of income and liabilities and for those in private practice attach income tax returns, for the last three (3) years.

Certified copies of testimonials and professional certificates and academic transcripts.

To:
The Secretary,
Judicial Service Commission
P.O. Box 30041 – 00100 Nairobi
E-mail: jscsecretariat@judiciary.go.ke

So as to reach the Commission within a period of twenty one (21) days from the date of this advertisement.

The JSC 2A and JSC 2 Forms and the Declaration of Income and Assets Forms are available free of charge at the Commission’s Secretary/Chief Registrar’s Chambers, Room No. 10 at the old High Court Building, Nairobi (now Supreme Court) during office hours. The Forms can also be downloaded from the Judiciary’s Website - www.judiciary.go.ke

Only short-listed and successful candidates will be contacted.
Canvassing in any form will lead to automatic disqualification.
The Judicial Service Commission is an Equal Opportunity Employer and selects candidates on merit, through fair and open competition, from the widest range of eligible candidates.

Dated the 4th October, 2011.

G. B. SHOLLEI,
Secretary,
Judicial Service Commission.

GAZETTE NOTICE NO. 13480
THE CAPITAL MARKETS ACT
(Cap. 485A)
REVOCATION OF LICENCE

EQUATORIAL Investment Bank Limited has advised the Authority of its intention to cease operations as a licence of the Authority.

Notice is given to the members of the public to raise any unresolved and outstanding issues with the following company within forty-five (45) days from the date of publication of this notice.

Name of company                                    Licence Category

Equatorial Investment Bank Limited               Dealer

Dated the 24th October, 2011.

STELLA KILONZO,
Chief Executive,
Capital Markets Authority.

GAZETTE NOTICE NO. 13428
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED WATER AND SANITATION SERVICES
IMPROVEMENT PROJECT (WASSIP), EXPANSION WORKS
FOR ELDORET WATER TREATMENT PLANT AND
TRANSMISSION MAINS EXTENSION IN ELDORET
MUNICIPALITY, UASIN GISHU 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 construction of the proposed proposed expansion works for Eldoret water treatment plant and transmission mains extension.

The proposed project is part of the water and sanitation improvement program, which has the following objectives:

Expansion of the existing Chebara water treatment Plant to increase gross treatment capacity from the present 19,000m3/d to utilize the ultimate abstraction capacity of the existing Moiben Dam, i.e. 28,300m3/d @ 98% probability Safe Yield;

• Extension of Water Supply to Chebara and Chebiemit Trading Centres which are located adjacent to the existing Moiben Dam and Chebara Treatment Works;
• Extension of Transmission and Distribution Mains in Eldoret town.

The proposed project is in Eldoret Municipality is situated in the Uasin Gishu District of the Rift Valley Province in Western Kenya.

The anticipated impacts and proposed mitigation measures:

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.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Ritf Valley Province Province.
(d) District Environment Officer, Uasin Gishu 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.
MR8247465

GAZETTE NOTICE NO. 13757
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MODERN SLAUGHTER HOUSE ON PLOT
NOS.LR KWALE /MARENJE/434 & 462, DZOMBO LOCATION,
MSAMBWENI 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 construction of the proposed modern slaughter house.

The project will involve building of a modern slaughter house with full slaughter house sanitary facilities, a livestock holding area, cold storage and wastewater treatment plant. The slaughter house will have a capacity of up to 300 heads of cattle and 600 heads of goats per day.

The proposed site for the modern slaughterhouse facility in Kwale County, Msambweni district, Dzombo location, Mrima sub-location on plot numbers LR Kwale /Marenje/434 & 462 The proposed project site is approximately 1.3 kilometres off the Lunga Lunga highway at a turn off called corner ya Nyati. The proposed project site measures approximately 150 acres (60 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:

(a) Director-General, the National Environment Management Authority (NEMA), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Coast Province Province.
(d) District Environment Officer, Mombasa District.

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

Z. O. OUMA,
for Director-General,
National Environment Management Authority.
MR8247106

GAZETTE NOTICE NO. 13758
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 TEMPLE AND
COMMUNITY HOUSING PROJECT ON PLOT L.R.NOs.
209/16781 & 209/16782 IN LANGATA, 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 construction of the proposed development of a temple and a community housing.

The proposed development will entail construction of a temple, motor vehicle parking area, two bedroom apartment units contained in twelve (12) blocks, three bedroom apartment units contained in ten (10) blocks and Shops contained in one block.

The proposed project is located on plot L.R No. 209/16781 and L.R No. 209/16782, Langata area along the proposed Southern by-pass within Nairobi County. The site is next to ongoing construction of residential housing flats by National game park development.

The anticipated impacts and proposed mitigation measures are set out in the gazette.

(a) Director-General, the National Environment Management Authority (NEMA), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Nairobi Province.
(d) District Environment Officer, Langata 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.
MR8247465

GAZETTE NOTICE NO. 13759
THE LOCAL GOVERNMENT ACT
(Cap. 265)
THE COUNTY COUNCIL OF NAKURU
APPOINTMENT

IN EXERCISE of the powers conferred by section 260 (1) of the Local Government Act, the County Council of Nakuru appoints —

ANTHONY OWUOR

to be a public prosecutor for the purposes of all cases arising under the Local Government Act, or under any By-law made by the County Council of Nakuru, whether under that Act or otherwise.

Dated the 25th October, 2011.

J. M. MALINDA
Clerk to Council.
MR8249739

GAZETTE NOTICE NO. 13760
THE RATING ACT
(Cap. 267)
THE COUNTY COUNCIL OF TAITA TAVETA
APPOINTMENT

IT IS notified for general information that in exercise of the provision of section 4 (1) (ii) of the Rating Act, the Deputy Prime Minister and Minister for Local Government has granted approval the County Council of Taita Taveta to adopt the “Site Value Rate” for the purpose of levying rates on the Draft Valuation Roll, 2012 within its area of jurisdiction.

A. W. MABUKA,
County Clerk.
MR8249745

SUPPLEMENT No. 131

Legislative Supplement

LEGAL NOTICE NO.

141—The Supreme Court Rules, 2011.

 SUPPLEMENT No. 142

Legislative Supplement

LEGAL NOTICE NO.

157—The Stamp Duty Act—Exemption.

158—Export Processing Zones Act—Declaration of an Export Processing Zone.

159—The Registered Land (Application) (No. 28) Order, 2011.

160—The Political Parties Act, 2011—Commencement.

Special Issue Gazette Notice  Vol CXIII – No 105  Dated October 26, 2011

GAZETTE NOTICE NO. 13463
THE CONSTITUTION OF KENYA
THE POWER OF MERCY ACT
(No. 21 of 2011)
APPOINTMENT

IN EXERCISE of the powers conferred upon me by Article 133 (2) (c) of the Constitution of Kenya and section 9 (3) of the Power of Mercy Act, 2011, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces appoint —

Florence Kajuju Gitonga,
Regina Saira Boisabi,
Ann Wanjiku N. Waihura,
Charles F. Anabaka (Rev.),
Hemed Twahir (Dr.),
David Sawe (Rev. Canon),
Mohamed Omar Ahmed,

to be members of the Advisory Committee on the Power of Mercy.

Dated the 25th October, 2011.

MWAI KIBAKI,
President.

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