Kenya Law Weekly Issue 44/2011

| Issue 44/2011 Newsletter Archive | Friday 04th November 2011 |

HISTORY IS MADE AS SUPREME COURT DELIVERS ITS FIRST RULING; COURT ADOPTS PREVIOUS COURT OF APPEAL PROCEEDINGS
By Ann Asugah Advocate

IN THE SUPREME COURT OF KENYA AT NAIROBI

ADVISORY OPINIONS  APP. NO. 1 OF 2011

IN THE MATTER OF ADVISORY OPINIONS OF THE COURT UNDER ARTICLE 163 (6) OF THE CONSTITUTION

THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION….....................................................................................APPLICANT

 M.K.  IBRAHIM & SMOKIN WANJALA (SCJJ)

History was made on 2nd November 2011 when the Supreme Court of the Republic of Kenya gave a ruling on directions on whether to adopt previous proceedings relating to an advisory application filed by the Commission on the Implementation of the Constitution relating to the question of nomination of persons for constitutional offices under the new Constitution of Kenya 2010. The proceedings had been before the Court of Appeal sitting as a Supreme Court and were adjourned indefinitely following the establishment of the Supreme Court and appointment of the Supreme Court Judges. At the time, the Court of Appeal had established interim Supreme Court Rules to guide its proceedings.

The ruling heralds a new dawn in the administration of justice in the country which has had the Court of Appeal as the highest court in the land since the days of East African Community when the Court of Appeal of Eastern African used to preside over appeals from the three countries.

On the 3rd March, 2011, the Commission for the Implementation of the Constitution (C.I.C) filed a Notice of Motion dated 22nd March 2011 in the Court of Appeal which was sitting as the Supreme Court under the provisions of Section 21 (2) of the Sixth Schedule of the Constitution. The applicant, C.I.C. sought Advisory Opinions of the Court on several matters including:

1. Whether the appointing authority in making an appointment under Sections 24(2) and 29(2) of the Sixth Schedule of the Constitution must have regard to the other provisions of the Constitution regarding the appointment of Constitutional Officers and if so, the extent to which the nominating or appointing authority whose powers are conferred by the Sixth Schedule of Constitution is bound by the other provisions of the Constitution;
   
2. What is the nature and extent of the consultation required under the National Accord and Reconciliation Act in making nominations and appointments to Constitutional Offices?

After hearing submissions from the Applicant and all interested parties, the Court of Appeal, still sitting as the Supreme Court on 5th April, 2011 gave the following directions, inter alia –

1. The motion shall be heard for a period of three consecutive days commencing on 11th April, 2010;
2. Due to the urgency of the matter the motion shall be heard by way of written submissions which would be orally high-lighted at the hearing.

As a result of the said Directions, the Motion was fixed for hearing for three consecutive days, namely 11th, 12th and 13th April, 2011.  Various parties applied to be enjoined in the Application and be made “Interested parties”. Parties were given leave to file written submissions which would be orally highlighted at the hearing. Subsequently some proposed Interested Parties gave notice directly and through their written submissions that they would raise issues of jurisdiction of the Court in respect of the application.

Most of the Interested Parties raised preliminary objections on points of law, relating to the jurisdiction of the court to hear and determine the application whether as the Court of Appeal sitting as the Supreme Court or the Supreme Court generally.  However, a few of the Interested Parties supported the right of C.I.C to be heard on the merits i.e. they thought that that court in whatever capacity had the jurisdiction to hear the matter. 

After the resting of submissions by counsel for the applicant, various Interested parties wished to file a reply. However, due to constraints of time, they were advised to file written submissions within 14 days and the matter was fixed for mention on 5th May, 2011 for further orders.  On the 5th May 2011, the court reserved its Ruling for 3rd June, 2011. The ruling was not delivered on the said date and was deferred to the 8th July, 2011.

Before the delivery of the Ruling, the Judges to the Supreme Court of Kenya were appointed and gazetted on 16th June 2011.  The Court of Appeal sitting as the Supreme Court then made the following order;

“ORDER OF THE COURT
In view of the fact that there now exists the Supreme Court of Kenya and Judges thereto have been appointed and gazetted, it is doubtful whether the Court of Appeal sitting as the Supreme Court is still seized of the Jurisdiction to hear and determine this Application. In the circumstances, this application is stood over sine die.”

At the time of the establishment of the Supreme Court and the appointment and swearing of the Supreme Court Judges, the above motion was still pending. The Supreme Court placed the matter for mention to find out the position and views of counsel as to the way forward and to give directions accordingly.

Mr. Regeru for the C.I.C. together with Mr. J. Thongori and Mr. Bryant confirmed that they had instructions to prosecute the notice of motion and that the matter was still urgent. Mr. Regeru submitted that there was nothing which stopped the Supreme Court from directing that the 5 Judge bench of the Court of Appeal, which had heard the matter to proceed to deliver their Ruling. In the alternative, he suggested that the present Supreme Court now duly established could adopt the record and proceedings and prepare its ruling on the matter

Ms Muthoni Kimani together with Mr. Ambwayo for the Attorney General submitted that now that the Supreme Court Rules, 2011 had been promulgated, there was necessity that the court and parties comply with the said Rules.  She proposed that the matter ought to start a fresh and that the Applicant be directed to file fresh pleadings.  She said that new issues could have arisen and there could be confusion if the matter proceeded from where the previous Bench had stopped.

Having considered all the submissions by counsel for the parties, the Supreme Court first started by addressing the question of jurisdiction of the Court of Appeal sitting as the Supreme Court.  It observed that it would not make any finding on this matter since its’ current task was to only filter and facilitate the hearing of the application by a properly constituted five-Judge Bench.

With regard to the question as to whether the Supreme Court could now adopt and/or take over the proceedings and proceed to determine the issues in question, the Court ruled that it would indeed adopt the proceedings including all its pleadings.  In making this ruling, the Court observed that the applicant, due to the urgency of the motion and the issues which had been raised, believed that time was of the essence and the questions which were of national importance and interest could not await the establishment of the Supreme Court.  It was the court’s view, therefore, that it would be totally improper, irregular and unfair for the court to set aside all proceedings and record and to order the applicant to file a fresh application so that they could comply with the new Supreme Court Rules.  The court observed that it would be prejudicial, costly and oppressive to the applicant and even the interested parties, who had invested heavily in terms of expenses and precious time in reaching the stage of proceedings that have been recorded.

For these reasons, the Supreme Court directed that the application, together with the pleadings filed by the Applicant be adopted and admitted into the Supreme Court proper and  such to be deemed as duly filed and on record.

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Kenya Gazette Vol. CXIII – No. 108 Dated November 4, 2011

GAZETTE NOTICE NO. 13788
THE INCOME TAX ACT
(Cap. 470)
APPOINTMENT

IN EXERCISE of the powers conferred by section 82 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance appoints —

Francis J. Kithuka Kivuli — (Chairman)

Members:
Wycliffe Ginda Mukhongo,
Stephen Raymond Kombe,
Dilipkumar Nathoo Shah,
Evelyn Nyambuga Lelle (Ms.),
Catherine Mturi Wairi (Ms.),

to be members of the Mombasa Local Committee, for a period of two (2) years, with effect from 1st November, 2011.

Dated the 19th October, 2011.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 13789
THE INCOME TAX ACT
(Cap. 470)
APPOINTMENT

IN EXERCISE of the powers conferred by section 82 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance appoints —

Wilfred Nderitu Gichuki— (Chairman)

Members:
Robert Kareko Kabugi (Dr.),
Charles Karuga Kariuki,
Martin William Dyer,
Eliphus Muchunku Sabari
Florence G. Munga (Mrs.),

to be members of the Nyeri Local Committee, for a period of two (2) years, with effect from 1st November, 2011.

Dated the 19th October, 2011.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 13790
THE INCOME TAX ACT
(Cap. 470)
APPOINTMENT

IN EXERCISE of the powers conferred by section 82 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance appoints —

Winfred Nyambura Karugu—(Chairman)
Members:
Davis Nyamu Njoka,
Octavious K. Kiigu (Dr.),
Violet Sally Onyango,
Thomas S. Mwangi,
John M. Ochora (Prof.),

to be members of the Thika Local Committee, for a period of two (2) years, with effect from 1st  November, 2011.

Dated the 19th October, 2011.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

GAZETTE NOTICE NO. 13791
THE VALUATION FOR RATING ACT
(Cap. 266)
THE COUNTY COUNCIL OF KIAMBU
TIME OF VALUATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Minister for Local Government gives approval to the County Council of Kiambu Resolution under Min. KCC/13/2010 as follows:

“That the time of valuation for County Council of Kiambu Valuation Roll shall be 30th December, 2010”.

Dated the 27th October, 2011.

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

GAZETTE NOTICE NO. 13792
THE VALUATION FOR RATING ACT
(Cap. 266)
THE COUNTY COUNCIL OF KIAMBU
DECLARATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Minister for Local Government declares that a:

“valuer in preparing any Draft Valuation roll or draft Supplementary Valuation Roll, need neither value nor include in the roll the value of the land or the assessement for improvement rate, as required by paragraphs (c) and (e) respectively of this section”.

Dated the 27th October, 2011.

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

GAZETTE NOTICE NO. 13793
THE RATING ACT
(Cap. 267)
THE MUNICIPAL COUNCIL OF KIAMBU
APPOINTMENT OF VALUER

IN EXERCISE of the powers conferred by section 7 of the Rating Act, the Minister for Local Government, approves the appointment of —

SARAH WANYANDE

as valuer to prepare the Draft Valuation Roll for Municipal Council of Kiambu.

Dated the 27th October, 2011.

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

GAZETTE NOTICE NO. 13794
THE RATING ACT
(Cap. 267)
THE MUNICIPAL COUNCIL OF KIAMBU
SITE VALUE RATE

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

Dated the 27th October, 2011.

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

GAZETTE NOTICE NO. 13795
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYATTA NATIONAL HOSPITAL BOARD ORDER
(L.N. 109 of 1987)
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the Kenyatta National Hospital Board Order, the Minister for Medical Services appoints —

RICHARD LERESIAN LESIYAMPE

to be the Director of the Kenyatta National Hospital, for a period of three (3) years, with effect from 23rd June, 2011.

Dated the 23rd June, 2011.

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

GAZETTE NOTICE NO. 13796
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA LEATHER DEVELOPMENT COUNCIL ORDER
(L.N. 114 of 2011)
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 4 (1) (e) of the Kenya Leather Development Council Order, 2011, the Minister for Livestock Development appoints —

Abbas Mohammed,
William Sitati Wafula,
Robert Njoka Muthara,
Simon Joshua Nganga,
Nalina Rupani,
Bahati Mutua,
James Lenayiera,

to be members of the Kenya Leather Development Council, for a period of three (3) years, with effect from 9th September, 2011.

Dated the 11th October, 2011.

M. A. KUTI,
Minister for Livestock Development.

GAZETTE NOTICE NO. 13797
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 —

AGNES ZANI (DR.)

to be a member of the Coast Development Authority for a period of three (3) years, with effect from the 17th October, 2011.

Dated the 25th October, 2011.

F. O. GUMO,
Minister for Regional Development Authorities.

GAZETTE NOTICE NO. 13798
THE NATIONAL CRIME RESEARCH CENTRE ACT
(No. 4 of 1997)
MEMBERSHIP OF THE COUNCIL – CHAIRPERSON

IT IS Notified for the information of the general public that the chairperson of the Governing Council of the National Crime Research Centre under section 6 (2) (a) of the Act is —

GITHU MUIGAI

Attorney–General, with effect from the 27th August, 2011. Gazette Notice No. 5390 of the 21st  July, 2006 is amended accordingly.

Dated the 24th October, 2011.

GITHU MUIGAI,
Attorney–General.

GAZETTE NOTICE NO. 13799
THE CENTRAL BANK OF KENYA ACT
(Cap. 491)
REVOCATION OF FOREX BUREAU LICENCE

IT IS Notified for the general information of the public that the Central Bank of Kenya has revoked the licence of the Forex Bureau set out in the first column of the schedule hereto, with effect from the date specified in the second column of the schedule —

SCHEDULE

Dated the 24th October, 2011.

NJUGUNA NDUNG’U,
Governor, Central Bank of Kenya.

GAZETTE NOTICE NO. 13800
THE CENTRAL BANK OF KENYA ACT
(Cap. 491)
REVOCATION OF FOREX BUREAU LICENCE

IT IS Notified for the general information of the public that the Central Bank of Kenya has revoked the licences of the Forex Bureaus set out in the first column of the schedule hereto, with effect from the date specified in the second column of the schedule —

SCHEDULE

Dated the 1st November, 2011.

NJUGUNA NDUNG’U,
Governor, Central Bank of Kenya.

GAZETTE NOTICE NO. 13801
THE MEDICAL PRACTITIONERS AND DENTISTS ACT
(Cap. 253)
DECLARATION

IN EXERCISE of the powers conferred by section 22 (3) (b) of the Medical Practitioners and Dentists Act, the Director of Medical Services declares the institutions named in the schedule hereunder are not approved institutions for the purposes of that section —

SCHEDULE

Dated the 26th October, 2011.

F. M. KIMANI,
Director of Medical Services.

GAZETTE NOTICE NO. 13802
THE AFRICAN CHRISTIAN MARRIAGE AND DIVORCE ACT
(Cap. 151)
NOTICE OF CONCELLATION OF LICENCES

NOTICE is given that in exercise of the powers conferred by section 6 (1) of the African Christian Marriage and Divorce Act, the Ministers named in the schedule hereto have had their licences to celebrate marriages under the provisions of the said Act cancelled.

SCHEDULE

Dated the 24th October, 2011.

B. W. GACHEGU,
Registrar General.

GAZETTE NOTICE NO. 14071
THE CAPITAL MARKETS ACT
(Cap. 485A)
NEW LICENCE

IN EXERCISE of powers conferred by section 11 (3) (e) and (g) of the Capital Markets Act, it is notified for general information that the Capital Markets Authority has granted the following licence to the company set out herein below:

Dated the 26th August, 2011.

STELLA KILONZO,
Chief Executive,
Capital Markets Authority.

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.

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, 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. 14080
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED HOUSING ESTATE ON PLOT NO.
12715/449, MLOLONGO AREA IN MAVOKO MUNICIPALITY,
ATHI RIVER
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 housing estate in Mlolongo, Athi River.

The project will involve construction housing estate of twelve (12) similar, five (5)-storey residential blocks each floor comprising eight (8), two bed roomed units, totaling to 576 units to be used as single family dwellings. The estate will have ample parking within the perimeter masonry wall.

The proposed site is on a 2.041 hectare parcel of land, Plot L.R. No. 12715/449, Mlolongo area in Mavoko Municipality. It is situated near Syokimau along Beijing Road about 250M off Mombasa 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.
(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, Eastern Province.
(d) District Environment Officer, 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.

ROBERT ORINA,
for Director-General,
National Environment Management Authority.
MR8249733

GAZETTE NOTICE NO. 14081
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED HOUSING ESTATE ON PLOT NO.
12715/448, MLOLONGO AREA IN MAVOKO MUNICIPALITY,
ATHI RIVER.
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 housing estate in Mlolongo, Athi River.

The project will involve construction of a housing estate of seven (7) similar, five (5)-storey residential blocks each floor comprising eight (8), three- bed roomed units, totaling to 336 units to be used as single family dwellings. The estate will have ample parking within the perimeter masonry wall.

The proposed site is on a 1.99 hectare parcel of land, Plot L.R No. 12715/448, Mlolongo area in Mavoko Municipality. It is situated near Syokimau along Beijing Road about 250M off Mombasa 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.
(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, Eastern Province.
(d) District Environment Officer, 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.

ROBERT ORINA,
for Director-General,
National Environment Management Authority.
MR 8249732

GAZETTE NOTICE NO. 14082
THE ENVIRONMENTAL MANAGEMENT AND COORDINATION
ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED BOUNDARY WALL, STOREY UNITS,
MARKET STALLS, BRIDGES AND FOOTPATHS IN MUKURU
AND KIBERA IN KENYA RAILWAY RESERVE
INVITATION OF PUBLIC COMMENTS

Pursuant to regulation 21 of Environmental (Impact Assessment and Audit) regulations, the National Environmental Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the implementation of the proposed boundary wall, storey units, market stalls, bridges and footpaths.

The project involves the construction of boundary wall, 1490 residential and 1539 business relocation units, market stalls, bridges and footpaths.

The project area stretches from the 534/6 km mark to the 539/9 km mark within the Nairobi- Kibera section (5.3 Km) and Likoni Road to Mombasa Road within the Makadara- Embakasi section (7 Km) totaling some 12.3 Kilometers.

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, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Nairobi Province.
(d) District Environment Officer, Westlands & Langata Districts.
(e) District Environment Officer, Embakasi & Makadara Districts.

The National Environment Management Authority invites members of the public to submit oral or written comments within sixty (60) days from the date of publication of this notice to the Director General, NEMA, to assist the Authority in the decision making process of the plan.

SALOME MACHUA,
For: Director General,
National Environment Management Authority.
MR/8245563

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