Kenya Law Weekly Issue 47/2011

| Issue 47/2011 Newsletter Archive | Friday 2nd December 2011 |

BETHWEL KIPLAGAT TO CONTINUE RUNNING THE AFFAIRS OF THE TRUTH JUSTICE & RECONCILIATION COMMISSION
By Monica Achode

“the ex-parte applicants are not challenging the decision making process in the appointment of Mr. Bethwel Kiplagat.  They are challenging the merit of his selection and nomination, being of the view that he was not a suitable person for nomination…”

In Re Truth Justice & Reconciliation Commission & Another ex-parte Hon. Augustine Njeru Kathangu & 9 Others eKLR [2011]
High Court at Nairobi
J. W. Mwera; H. M. Okwengu; D.K. Maraga (JJ)
November 28th 2011

The High Court has dismissed an ex-parte judicial review application seeking to have Mr. Bethwel Kiplagat prohibited from running the affairs of the Commission as Chairman or participating in the activities of the Commission and a further order quashing the oath of office. The Court found that the applicants had in fact not challenged the decision making process in the appointment of Mr. Kiplagat but rather, they had challenged his selection and nomination, being of the view that he was not a suitable candidate for nomination. It was the Court’s observation that the remedy of prohibition did not deal with the merit of the decision but with the process.

The facts as stated by the ex-parte applicants had been that the Truth Justice & Reconciliation Act (TJRC Act) had been violated by the selection panel in forwarding the name of Mr. Kiplagat for appointment as chairman of the Commission. The applicants, a lobby group known as “Kenyans against Impunity” and former victims of state violence, contended that, on account of his past record, Mr. Kiplagat was unfit to be appointed as a commissioner and chairman of the Commission as he was alleged to have been involved in defending torture, abuse of judicial process, and policies of dictatorship in Kenya during the period he served as Ambassador of Kenya in the United Kingdom and Permanent Secretary in the Ministry of Foreign Affairs.

The ex-parte applicants further contend that the TJRC Act specifically excluded holders of public office, both serving and retired from membership of the Commission. This was because the actions of public officers were the subject of the investigations being undertaken by the Commission. The forwarding of Mr. Kiplagat’s name for appointment to the Commission was therefore against the spirit and letter of the TJRC Act. In addition, the oath of office taken by Mr. Kiplagat was null and void as it had been taken before publication of the notice of his appointment in the Kenya gazette.

The gravamen of Mr. Kiplagats response to this application was that the court had no jurisdiction to grant the orders sought in the application; the application had not disclose any recognized grounds for judicial review; and that the matters raised in the application were non-justiciable and not amenable to judicial review. He denied being aware of the breaches of the TJRC Act alleged by the applicants and maintained that he had been properly gazetted as commissioner and chairman of the commission. Mr. Kiplagat further averred that he never acted in excess of his jurisdiction nor had any action or decision been disclosed affecting any legally enforceable rights of the applicants, such as would attract an order of certiorari. He pointed out that the appointment of the commissioners or chairman of the Commission was neither a judicial nor quasi-judicial act amenable to judicial review.

In determining the matter the court had contemplated under what circumstances it would issue an order of prohibition as requested by the applicants. Also in consideration had been the import of section 17 of the TJRC Act in setting out the procedure for removal of commissioners viz a vis the judicial review procedures, and whether orders of judicial review available against the appointing authority. As regards the order of certiorari the court considered whether Mr. Kiplagat had been sworn before the gazette notice of his appointment was published and if so what effect that had on his as the chairman of the Commission.

The applicants had also raised substantive issues of law such as whether the TJRC Act was defective; whether the TJRC Act was unconstitutional; or whether the TJRC Act violates other statutes, human rights and international law among others and the court considered whether these issues could be raised through such a general prayer as adopted by the applicants.

The Courts findings:
Whether or not the TJRC Act was defective or unconstitutional?
The Court’s understanding of the ex-parte applicants complaint was that it was against the TJRC Act, which was in the applicants’ view defective, unconstitutional, and its propriety and legality vis a vis the Constitution questionable. The Court felt that these were substantive constitutional issues which could not be casually sprung up at the tail end of the proceedings during submissions as the ex-parte applicants’ had done. One could not seek the invalidation of an Act of Parliament in one’s submissions without specific pleadings.

No question had been raised in the ex-parte applicants’ pleadings regarding the validity of the TJRC Act, nor had the ex-parte applicants’ specifically prayed that the court declare the TJRC Act or part thereof as null and void or ultra vires the Constitution. Thus the application as pleaded in the Notice of Motion did not provide an appropriate forum for the determination of those issues. The ex-parte applicants failed to properly invoke the Court’s mandate as a Constitutional Court. In the circumstances the High Court had no option but to decline the ex-parte applicants’ plea in their counsel’s submissions to declare the TJRC Act defective or unconstitutional.
On the issue of the application for the judicial review orders of certiorari and prohibition:
The High Court opined that it was trite law that judicial review was a special jurisdiction which was neither civil nor criminal. It was concerned with the decision making process, not with the merits of the decision itself therefore the Court would only be concerned with the process leading to the making of the decision and not the merits of the impugned decisions. The Court reiterated that even a purely administrative act of a public officer purporting to discharge his public duty, would be amenable to judicial review, thereby debunking submissions by Mr. Kiplagat’s counsel that for an act to be amenable to judicial review jurisdiction it had to be judicial or quasi-judicial or against the rules of natural justice.

The High Court went ahead t define what an oath of office meant with regard to the application to quash the oath of office. The only issue raised by the ex-parte applicants on it was that it had been administered before Mr. Kiplagat’s appointment, therefore in the Court’s view the determining factor was the date of appointment. There was nothing wrong with the publication of the notice of appointment after administering the oath. Therefore the issue of putting the cart before the horse as contended by the ex-parte applicants has absolutely no basis.

In considering the prayer for an order of prohibition the Court felt that the starting point was to consider the scope of the order of prohibition itself, what the order did and when it would issue. The ex-parte applicants’ had to establish that the Mr. Kiplagat was running the affairs of the Commission either without any jurisdiction, or in excess of his jurisdiction as chairman or commissioner, or in contravention of the laws of the land, or against the rules of natural justice. However, none of these things formed part of the ex-parte applicants’ complaint, their complaint related to the actual appointment of the 2nd respondent to the Commission. They did not seek to quash Mr. Kiplagat’s appointment therefore an order seeking to prohibit him from running the affairs of the commission would have no basis as long as his appointment remained in force.

Based on the fact that the ex-parte applicants were not challenging the decision making process in the appointment of Mr. Kiplagat but rather the merit of his selection and nomination, being of the view that 2nd respondent was not a suitable person for nomination, the High Court held that the remedy of prohibition was not available to the ex-parte applicants.

It was from the foregoing that the Court dismissed the ex-parte applicants’ application.

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Kenya Gazette Vol. CXIII – No. 117 Dated December 2, 2011

GAZETTE NOTICE NO. 15054
THE ESTATE AGENTS ACT
(Cap. 533)
THE ESTATE AGENTS REGISTRATION BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 of the Estate Agents Act, the Minister for Lands appoints —

ELIAS GITARI RWIGI

to be registrar of the Estate Agents Registration Board, for a period of three (3) years, with effect 16th November, 2011.

Dated the 21st November, 2011.

JAMES ORENGO,
Minister for Lands.

GAZETTE NOTICE NO. 15055
THE ESTATE AGENTS ACT
(Cap. 533)
THE ESTATE AGENTS REGISTRATION BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 1 of the Schedule of the Estate Agents Act, the Minister for Lands appoints —

Hezekiah G. Muiruri—(Chairman),

Members:
Boniface K. Terer,
Nelly K. Mbugua,
Lawrence Gakwa,
Norah A. Nyakora,
Bernard M. Nzau,
Paul N. Ngugi,
Felix Onyango,
Betty Angatia Mwenesi,

to be members of the Estate Agents Registration Board, for a period of three (3) years, with effect 16th November, 2011.

Dated the 21st November, 2011.

JAMES ORENGO,
Minister for Lands.

GAZETTE NOTICE NO. 15056
THE SUGAR ACT
(No. 10 of 2001)
THE SUGAR ARBITRATION TRIBUNAL
APPOINTMENT

IN EXERCISE of the powers conferred by section 31 (2) (a) and (3) of the Sugar Act, 2001, the Minister for Agriculture appoints —

GREGORY MUTAI

to be Chairman of the Sugar Arbitration Tribunal, for a period of three (3) years, with effect from 18th November, 2011.

Dated the 18th November, 2011.

S. J. KOSGEI,
Minister for Agriculture.

GAZETTE NOTICE NO. 15057
THE COTTON ACT
(Cap. 335)
THE COTTON DEVELOPMENT AUTHORITY
APPOINTMENT

IN EXERCISE of the powers conferred by section 3A (1) (c) (iv) of the Cotton Act, the Minister for Agriculture appoints —

MICAH PKOPUS POWON

to be the Chief Executive Officer of the Cotton Development Authority, for a period of three (3) years, with effect from 27th November, 2011.

Dated the 27th November, 2011.

S. J. KOSGEI,
Minister for Agriculture.

GAZETTE NOTICE NO. 15058
THE BUKURA AGRICULTURAL COLLEGE ACT
(No. 5 of 1999)
APPOINTMENT

IN EXERCISE of the powers conferred by section 9 (1) of the Bukura Agricultural College Act, 1999, the Minister for Agriculture appoints —

JUSTUS SIMIYU MUDOGO

to be Principal of Bukura Agricultural College, for a period of three (3) years, with effect from 22nd December, 2011.

Dated the 21st September, 2011.

S. J. KOSGEI,
Minister for Agriculture.

GAZETTE NOTICE NO. 15059
THE STATE CORPORATIONS ACT
(Cap. 446)
EAST AFRICAN PORTLAND CEMENT COMPANY LIMITED
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Industrialization *reappoints —

DAVID KIPTANUI KOROS

to be a member of the Board of Directors for East African Portland Cement Company Limited, for a period of three (3) years, with effect 18th November, 2011.

Dated the 20th November, 2011.

A. J. KINGI,
Acting Minister for Industrialization.
*G.N. 10585/2008.

GAZETTE NOTICE NO. 15060
THE LABOUR RELATIONS ACT
(No. 14 of 2007)
DEDUCTION OF AGENCY FEES

IN EXERCISE of the powers conferred by section 49 (1) of the Labour Relations Act, the Minister for Labour makes the following Order:

(a) Kenyatta University, Egerton University and Moi University to deduct from the wages of each unionisable employee who is not a member of the University Academic Staff Union herein
referred ti the “Union” but is covered by the Collective Bargain Aggreement between the union and the Universities, a sum equal to 1% of the employees wages.
(b) Deduction to commence within thirty (30) days of receiving the Order.
(c) To remit within ten (10) days the sums deducted under item (a) by crossed cheque made payable to the Union’s account No. 1204841 at the Barclays Bank of Kenya, Moi Avenue Branch, Nairobi.

Dated the 26th October, 2011.

JOHN MUNYES,
Minister for Labour.

GAZETTE NOTICE NO. 15061
THE JUDICATURE ACT
(Cap. 8)
THE HIGH COURT (ADMIRALTY) RULES, 1979
(L.N. 116 of 1997)
APPOINTMENT

IN EXERCISE of the powers conferred by rule 4 (2) of the High Court (Admiralty) Rules, 1979, the Chief Justice on the advice of the Judicial Service Commission appoints —

JOYCE MKAMBE GANDANI

a Deputy Registrar of the High Court, to be Admiralty Marshall, with effect from 11th  November, 2011.

The appointment of Rosemelle Mutoka vide Gazette Notice No. 9624 of 2009, is revoked.
Dated the 9th November, 2011.

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

GAZETTE NOTICE NO. 15062
THE LAW OF SUCCESSION ACT
(Cap. 160)
APPOINTMENT

IN EXERCISE of the powers conferred by section 47 of the Law of Succession Act, the Chief Justice appoints —

LILIAN NAFULA KINIALE (MS.)

Resident Magistrate at Butere, to represent the High Court for the purposes of that section from 1st December, 2011.

Dated the 28th November, 2011.

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

GAZETTE NOTICE NO. 15063
THE CHILDREN ACT
(No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2011, the Chief Justice appoints —

LUCY CHEBET KAITTANY (MS.)

Resident Magistrate at Kisii, to preside cases involving children in respect of Nyanza Province, with effect from 1st Dcember,2011.

Dated the 28th November, 2011.

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

GAZETTE NOTICE NO. 15064
THE LAND ACQUISITION ACT
(Cap. 295)
ADDENDUM

IN Gazette Notice Nos. 278 and 279 of 16th June, 2009, 10672 and 10673 of 9th October, 2009 and 11919 of 8th October, 2010, add the following:

Inquiries will be held on Thursday, 12th January, 2012 at Igare Chief’s Camp, starting at 9.30 a.m.

Every person who is interested on the affected land is required to deliver to the commissioner of lands not later than the day of inquiry a written claim to compensation. All interested parties should appear for inquiries with copies of PIN, ID card and Title deed.

Dated the 17th November, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR/8398710

GAZETTE NOTICE NO. 15065
THE LAND ACQUISITION ACT
(Cap. 295)
KANGETHIA–KATHANGARIRI NEW ROAD
INTENTION TO ACQUIRE LAND

IN ACCORDANCE to section 6 (2) of the Land Acquisition Act, the Commissioner of Lands give notice that the Government intends to acquire the following land for the construction of Kangethia – Kathangariri New Road.

SCHEDULE

Plans of the affected land may be inspected during office hours at the office of the Commissioner of Lands, Ardhi House, Room 305, 1st Ngong Avenue, Nairobi and Embu Lands Office.

Dated the 23rd November, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR/8398957

GAZETTE NOTICE NO. 15066
THE LAND ACQUISITION ACT
(Cap. 295)
KANGETHIA–KATHANGARIRI NEW ROAD
INQUIRY

IN PURSUANCE of section 9 (1) of the Land Acquisition Act, the Commissioner of Lands give notice that inquiries for the hearing of claims to compensation by people interested in the land required for the above project shall be held at Kathangari Chief’s office on Wednesday 21st January, 2012 from 9.30 a.m.

SCHEDULE

Every person who is interested in the affected land is required to deliver to me, not later than the day of inquiry, a written claim to compensation.

Dated the 23rd November, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR/8398957

GAZETTE NOTICE NO. 15067
THE LAND ACQUISITION ACT
(Cap. 295)
LAND FOR OFFICES 1ST NGONG AVENUE
INTENTION TO ACQUIRE LAND

IN ACCORDANCE to section 6 (2) of the Land Acquisition Act, the Commissioner of Lands give notice that the Government intends to acquire the following land for the construction of offices on 1st Ngong Avenue, Nairobi.

SCHEDULE
 

Plans of the affected land may be inspected during office hours at the office of the Commissioner of Lands, Ardhi House, Room 305, 1st Ngong Avenue, Nairobi.

Dated the 26th October, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR8398958

GAZETTE NOTICE NO. 15068
THE LAND ACQUISITION ACT (Cap. 295)
LAND FOR OFFICES 1ST NGONG AVENUE
INQUIRY

IN PURSUANCE of section 9 (1) of the Land Acquisition Act, the Commissioner of Lands give notice that inquiries for the hearing of claims to compensation by people interested in the land required for the above project shall be held at Ardhi House, Room 301, on Tuesday, 24th  January, 2012.
SCHEDULE

Every person who is interested in the affected land is required to deliver to me, not later than the day of inquiry, a written claim to compensation. Copies of the Identity Card, Title deed and bank details.

Dated the 26th October, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR8398958

GAZETTE NOTICE NO. 15069
THE TRUST LAND ACT
(Cap. 288)
SETTING APART OF LAND

NOTICE is given that the land described on the schedule hereto has been duly set apart in accordance with the provisions of part IV of the Trust Land Act, for the purposes specified in the said schedule.

SCHEDULE
Place.—Mitangoni, Mariakani
Purpose.—Business/Residential.
Area.—0.8096 ha. approximately.

Description of Land:

This Land is situated approximately 3.9 kilometres to the North - West of Mariakani Township. The boundaries are demarcated on the ground and are described as follows:

Starting from a point RN1, which is a I.P.C from which SH 217 and SH 205 are 3100 metres and 1800M metre/kilometre distant on bearing of 29°30'00" and 78°00'00" respectively.

Thence for 146.41 metres on a bearing 238°28'21” to point RN 2; thence for 37.75 metres on a bearing of 145°11'54" to point RN3; thence for 94.08 metres on a bearing of 73°36'31" to point RN 4; thence for 72.86 metres on a bearing of 226°40'06" to point RN 5; thence for 50.61 metres on a bearing of 307°46'32" back to RN 1.

All bearings given above are magnetic.

A plan of the area may be inspected at the Office of the District Commissioner.

Dated the 10th November, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR8398985

GAZETTE NOTICE NO. 15070
THE TRUST LAND ACT
(Cap. 288)
SETTING APART OF LAND

NOTICE is given that the land described on the schedule hereto has been duly set apart in accordance with the provisions of Part IV of the Trust Land Act, for the purposes specified in the said Schedule.

SCHEDULE
Place.—Mitangoni, Mariakani.
Purpose.—Business/Residential.
Area.—1.9398 ha. approximately.

Description of Land:

This Land is situated approximately 2.5 metre/kilometre to the North-West of Mariakani Township. The boundaries are demarcated on the ground and are described as follows:

Starting from a point N 1, which is a I.P.C from which SH 202 and SH 203 are 1950 metres and 2200 metre/kilimetre distant on bearing of 175°05'00" and 92°00'00" respectively.

Thence for 77.00 metres on a bearing 114°00’05"to point N 2; thence for 34.01 metres on a bearing 129°30’06"to point N 3; thence for 62.04 metres on a bearing 04°30’02" to point N 4; thence for 94.00 metres on a bearing 29°30’11" to point N 5; thence for 164.09 metres on a bearing 133°35’21" to point P 11; thence for 14.40 metres on a bearing 98°45’56" to point P 10; thence for 57.52 metres on a bearing 10°25’16" to point P 9; thence for 29.50 metres on a bearing 72°21’39" to point P 8; thence for 29.50 metres on a bearing 53°30’06"back to N 1

All bearings given above are magnetic.

A plan of the area may be inspected at the Office of the District Commissioner.

Dated the 10th November, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR8398987

GAZETTE NOTICE NO. 15071
THE TRUST LAND ACT
(Cap. 288)
SETTING APART OF LAND

NOTICE is given that the land described on the schedule hereto has been duly set apart in accordance with the provisions of Part IV of the Trust Land Act, for the purposes specified in the said schedule.

SCHEDULE

Place.—Mackinon Road, Kinango.
Purpose.—Business/Residential.
Area.—0.700 ha. approximately.

Description of Land:

This Land is situated approximately 2.3 Km Kilometres to the North-East of Mackinon Township. The boundaries are demarcated on the ground and are described as follows:

Starting from a point L. which is a iron pin on concred from which spotheight 1383 and spot height 376 are 3.05 Km and 2.05 Km distant on bearing of 229°30'00" and 181°00'00" respectively; thence for a distance of 68.01 m on a bearing of 214°22’49" to point A; thence for a distance of 46.04 m on a bearing of 126°22'49" to point B; thence for a distance of 20.00 m on a bearing of 126°52'12" to point C; thence for a distance of 26.63 m on a bearing of 214°17'13" to point D; thence for a distance of 19.92 m on a bearing of 287°31'32" to point E; thence for a distance of 56.14 m on a bearing of 274°05'08" to point F; thence for a distance of 21.63 m on
a bearing of 326°18'36" to point G; thence for a distance of 20.52 m on a bearing of 46°58'30" to point H; thence for a distance of 26.63 m on a bearing of 34°17'13" to point J; thence for a distance of 25.63 m on a bearing of 20°33'22" to point K; thence for a distance of 30.00 m on a bearing of 36°52'12" back to point l .

All bearings given above are magnetic.

A plan of the area may be inspected at the Office of the District Commissioner. Kilifi.

Dated the 10th November, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR8398984

GAZETTE NOTICE NO. 15052
THE CONSTITUTION OF KENYA
THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (Cap. 7)
THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS REGULATIONS
DECLARATION OF BY-ELECTION RESULTS—KITUTU MASABA CONSTITUENCY

IN EXERCISE of the powers conferred by the Constitution of Kenya, section 14 (2) of the National Assembly and Presidential Elections Act (Cap. 7) and Regulation 41 (2) (b) of the Presidential and Parliamentary Elections Regulations, the Independent Electoral and Boundaries
Commission certifies that Mr. Osebe Walter Enock Nyambati of the Party of National Unity (PNU) has been declared the winner of the Kitutu Masaba parliamentary seat following the by-elections held on 28th November, 2011.

The Results of the By-elections are as follows:

(a) Valid votes cast for Osebe Walter Enock Nyambati were (in figures) 11,496 (in words) eleven thousand four hundred and ninety six.
(b) Total votes cast against the voters register were (in figures) 41,137 (in words) forty-one thousand one hundred and thirty-seven.
(i) Rejected votes (in figures) 752 (in words) seven hundred and fifty two.
(ii) Total valid votes (in figures) 40,385 (in words) forty thousand three hundred and eighty five.
(c) Votes cast as per each candidate are as indicated in the schedule respectively.

SCHEDULE

Results per Candidate:

Dated the 30th November, 2011.

A. I. HASSAN,
Chairman,
Independent Electoral and Boundaries Commission.

GAZETTE NOTICE NO. 15053
THE CONSTITUTION OF KENYA
THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT
(Cap. 7)
THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS REGULATIONS
THE LOCAL GOVERNMENT ACT
(Cap. 265)
DECLARATION OF BY-ELECTION RESULTS-CIVIC WARDS

IN EXERCISE of the powers conferred by the Constitution of Kenya, section 14 (2) of the National Assembly and Presidential Elections Act (Cap. 7), Regulation 41(2) (b) of the Presidential and Parliamentary Elections Regulations and Section 58 of the Local Government Act, the Independent Electoral and Boundaries Commission certifies that the persons indicated in the first column to the schedule below have been declared winners of the civic seats indicated in the third column to the schedule following the by-elections held on 28th November, 2011.

SCHEDULE

The Votes cast as per each candidate in all eleven (11) civic wards are as set out in the second schedule of the gazette.

Dated the 30th November, 2011

A. I. HASSAN,
Chairman,
Independent Electoral and Boundaries Commission.

GAZETTE NOTICE NO. 15404
THE HIGH COURT OF KENYA
CHRISTMAS VACATION 2011

THE Christmas Vacation of the High Court of Kenya, other than in the Coast Province, shall commence on 21st December, 2011, and terminate on 13th January, 2012, both days inclusive.

The Christmas Vacation of the High Court in the Coast Province shall commence on 21st  December, 2011, and shall terminate on 4th February, 2012 both days inclusive.

During this 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 at Mombasa and Malindi, shall be open to the public from 8.45 a.m. to 12.00 noon on all weekdays. While 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.

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 matters of an urgent nature or those in which advocates are not engaged may also be heard in these courts if convenient.

Dated the 23rd November, 2011.

G. B. SHOLLEI,
Chief Registrar, Judiciary.

GAZETTE NOTICE NO. 15413
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 KURAWA
SALTWORKS AND AQUACULTURE AT UNGWANA BAY,
TANA RIVER DISTRICT
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority, (NEMA) has received an environmental impact assessment study report for the implementation of the proposed development of Kurawa saltworks and aquaculture.

The project will involve construction of salt fields, aquaculture facilities, artemia and staff housing.

The proposed site is situated about 70km North of Malindi bordering a long beach length of about 10km extending westwards 6km and bordering the northern boundary of Kemu Salt works. The total area is 5,360 Hectares.

The anticipated impacts and proposed mitigation measures are as 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, Tana River 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.

SALOME MACHUA,
for Director-General,
National Environment Management Authority.
MR8256153

GAZETTE NOTICE NO. 15414
THE LOCAL GOVERNMENT ACT
(Cap. 265)
MUNICIPAL COUNCIL OF LIMURU
APPROVAL OF BY–LAWS

IN EXERCISE of the powers conferred by section 205 of the Local Government Act, the Municipal Council of Limuru has with the  approval of Deputy Prime Minister and the minister for Local Government imposed the following By–Laws—

(a) The Municipal Council of Limuru (Public Market) By-laws,2011.
(b) The Municipal Council of Limuru (Fire) By-laws, 2011.
(c) The Municipal Council of Limuru (Hazardous) By-laws, 2011.
(d) The Municipal Council of Limuru (Private Educational Institutions) By-laws, 2011.
(e) The Municipal Council of Limuru (Designated Parking Places) By-laws, 2011).
(f) The Municipal Council of Limuru (Protection of Council Properties) By-laws, 2011).
(g) The Municipal Council of Limuru (Agricultural Produce Cess) By-laws, 2011.
(h) The Municipal Council of Limuru (Bicycle/Motorcycle Taxis) By-laws, 2011.
(i) The Municipal Council of Limuru (Cemetry) By-laws. 2011.
(j) The Municipal Council of Limuru (Control and licensing of Dogs) By-laws, 2011.
(k) The Municipal Council of Limuru (Building and Development Control) By-laws, 2011.
(l) The Municipal Council of Limuru (General Nuisance) Bylaws, 2011.
(m) The Municipal Council of Limuru (Hawkers) by-laws, 2011.
(n) The Municipal Council of Limuru (Omnibus Station) By-laws,2011.
(o) The Municipal Council of Limuru (Public Parks and Open Spaces) By-laws, 2011.
(p) The Municipal Council of Limuru (Control of Stock) By-laws, 2011.
(q) The Municipal Council of Limuru (Control of Carts and Hand Carts) By-laws, 2011.
(r) The Municipal Council of Limuru (Conservancy) By-laws, 2011.
(s) The Municipal Council of Limuru (Pounds) By-laws, 2011.
(t) The Municipal Council of Limuru (Public Lavatories) By-laws,2011.
(u) The Municipal Council of Limuru (Business Permits and Control of Trades and Occupation)       By-laws, 2011.
(v) The Municipal Council of Limuru (Control Advertising) By-laws,2011.
(w) The Municipal Council of Limuru (Donkeys and Donkeys Carts) By-laws, 2011.
(x) The Municipal Council of Limuru (Protection of Roads) By-laws, 2011.
(y) The Municipal Council of Limuru (Slaughterhouse) By-laws, 2011.

These By-laws take effect immediately.

Dated the 12th November, 2011.

F. N. NJENGA,
Town Clerk.
MR/8253233

GAZETTE NOTICE NO. 15415
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 —

MARY WAITHERA TANUI

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 the Act or otherwise.

Dated the 21st November, 2011.

J. M. MALINDA,
Clerk to Council.
MR/8398685

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