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KLR WEEKLY e-NEWSLETTER |
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| Issue 50/2011 Newsletter Archive | Friday 23rd December 2011 | |
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INTERNATIONAL CRIMINAL COURT WEEKLY UPDATE Situation in Darfur, Sudan There are four cases in the situation in Darfur, Sudan: The Prosecutor v. Ahmad Muhammad Harun (”Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (”Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda; and The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus. Four warrants of arrest have been issued by Pre-Trial Chamber I for Messrs Harun, Kushayb and Al Bashir. The three suspects remain at large. A summons to appear was issued for Mr Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. After the hearing of confirmation of charges, on February 2010, Pre-Trial Chamber I declined to confirm the charges. Mr Abu Garda is not in the custody of the ICC. Two other summonses to appear were issued against Mr Banda and Mr Jerbo who appeared voluntarily on 17 June 2010; the confirmation of charges hearing took place on 8 December 2010. On 7 March 2011, Pre-Trial Chamber I unanimously decided to confirm the charges of war crimes brought by the ICC’s Prosecutor against Mr Banda and Mr Jerbo, and committed them to trial. On 16 March 2011, the ICC Presidency constituted Trial Chamber IV and referred the case to it. Pre-Trial Chamber I informs the United Nations Security Council and the Assembly of States Parties about Chad’s non-cooperation in the arrest and surrender of Omar Al Bashir On 13 December 2011, Pre-Trial Chamber I of the International Criminal Court (ICC) decided that the Republic of Chad failed to cooperate with the Court by not arresting and surrendering Omar Al Bashir to the Court during his visit to Chad on 7 and 8 August 2011. The Chamber decided to refer the matter to both the United Nations Security Council and the Assembly of States Parties to the Rome Statute, founding treaty of the ICC. The Chamber indicated also that the Republic of Chad failed to comply with its obligations to consult with the Chamber by not bringing the issue of Omar Al Bashir’s immunity to the Chamber for its determination. The Chamber recalled its decision on the non-cooperation of the Republic of Malawi, issued on 12 December 2011, and reaffirmed that there is no conflict between the obligations of States Parties to the Rome Statute towards the Court to arrest and surrender the suspect and their obligations under customary international law. Thus, the States Parties, as well as the African Union, cannot rely on article 98-1 of the Rome Statute to refuse to comply with the ICC’s requests for cooperation regarding the arrest and the surrender of Mr Al Bashir. On 4 March 2009, Pre-Trial Chamber I issued a first warrant of arrest for Mr Al Bashir, considering that there are reasonable grounds to believe that the suspect is criminally responsible for five counts of crimes against humanity and two counts of war crimes. A second warrant of arrest was issued for Mr Al Bashir on 12 July 2010, for three counts of genocide. By previous decisions, the Chamber has informed the United Nations Security Council and the Assembly of States Parties to the Rome Statute of Omar Al Bashir’s visits to Djibouti, Chad and Kenya, as well as of the non-cooperation of the Republic of Malawi in arresting Mr Al Bashir. The Chamber had also informed the Security Council of the non-cooperation of Sudan with the Court concerning the arrest and surrender of Mr Ali Kushayb and Mr Ahmad Harun. It is for the United Nations Security Council and the Assembly of States Parties to take any measure they may deem appropriate to ensure the full cooperation with the ICC. Pre-Trial Chamber I informs the United Nations Security Council and the Assembly of States Parties about Malawi’s non-cooperation in the arrest and surrender of Omar Al Bashir. On 12 December 2011, Pre-Trial Chamber I of the International Criminal Court (ICC) decided that the Republic of Malawi failed to cooperate with the Court by not arresting and surrendering Omar Al Bashir to the Court during his visit to Malawi on 14 October 2011. The Chamber decided to refer the matter to both the United Nations Security Council and the Assembly of States Parties to the Rome Statute, founding treaty of the ICC. The Chamber found that there is no conflict between Malawi’s obligations towards the Court to arrest and surrender the suspect and its obligations under customary international law. The Judges indicated that this analysis also addresses the legal viability of the African Union’s position, which the Republic of Malawi relied upon, and which refuses to comply with the ICC’s requests for cooperation regarding the arrest and the surrender of Mr Al Bashir. The Chamber, recalling its previous decisions on the Al Bashir case, re-affirmed that “the current position of Omar Al Bashir as Head of a state which is not a party to the Statute, has no effect on the Court’s jurisdiction over the present case”. The Chamber also indicated that the Republic of Malawi failed to comply with its obligations to consult with the Chamber by not bringing the issue of Omar Al Bashir’s immunity to the Chamber for its determination, as it was invited to do by the ICC Registry’s note verbale sent to the Malawi authorities on 13 October 2011. In today’s decision, Pre-Trial Chamber I examined Malawi’s observations submitted on 11 November 2011 and considered that customary international law creates an exception to Head of State immunity when international courts seek a Head of State’s arrest for the commission of international crimes. The Judges noted that immunity for Heads of State before international courts has been rejected time and time again dating all the way back to World War I. Giving the examples of international prosecutions against Slobodan Milosevic, Charles Taylor, Muammar Gaddafi, Omar Al Bashir and Laurent Gbagbo, the Chamber noted that initiating international prosecutions against On 4 March 2009, Pre-Trial Chamber I issued a first warrant of arrest for Mr Al Bashir, considering that there are reasonable grounds to believe that the suspect is criminally responsible for five counts of crimes against humanity and two counts of war crimes. A second warrant of arrest was issued for Mr Al Bashir on 12 July 2010, for three counts of genocide. Decision Pursuant to Article 87(7) of the Rome Statute on the Failure by the Republic of Malawi to Comply with the Cooperation Requests Issued by the Court with Respect to the Arrest and Surrender of Omar Hassan Ahmad Al Bashir Decisions taken between 12 - 16 December 2011 Al Bashir Case Decision Pursuant to Article 87(7) of the Rome Statute on the Failure by the Republic of Malawi to Comply with the Cooperation Requests Issued by the Court with Respect to the Arrest and Surrender of Omar Hassan Ahmad Al Bashir Press release issued by the Pre-Trial Chamber I on 12 December 2011 More information on this can be found @:
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Special Issue Kenya Gazette Vol. CXIII – No. 126. Dated December 23, 2011 GAZETTE NOTICE NO. 16474 IN EXERCISE of the powers conferred by section 9 (13) of the Vetting of Judges and Magistrates Act, 2011, as read with section 7 (b) of the Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, in consultation with the Prime Minister, appoint — F. M. Chomba (Justice), to be members of the Judges and Magistrates Vetting Board.Dated the 22nd December, 2011. MWAI KIBAKI, 
GAZETTE NOTICE NO. 16475 IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, appoint — ESTHER WANJUGU KAMWERU (MS.) to be Non-Executive Chairperson of the Kenya Yearbook Editorial Board, for a period of three (3) years. Dated the 21st December, 2011. MWAI KIBAKI,
GAZETTE NOTICE NO. 16476 IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, appoint — CHARLES ORONY OGALO to be Chairman of the South Nyanza Sugar Company Limited, for a period of three (3) years, with effect from 7th September, 2011. Dated the 21st December, 2011.
GAZETTE NOTICE NO. 16477 IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, appoint — ABDISALAN MOHAMED NOOR (DR.) to be Chairman of the National Co-ordinating Agency for Population and Development, for a period of three (3) years. Dated the 21st December, 2011. MWAI KIBAKI,
Kenya Gazette Vol. CXIII – No. 125 Dated December 23, 2011 GAZETTE NOTICE NO. 16171 IN EXERCISE of the powers conferred by section 51 of the Water Act, the Minister of Water and Irrigation revokes the appointment of — John Onono*, as members of the Board of Directors of Lake Victoria South Water Services Board. The appointment of George Ndonji* as Chairman of the Board of Directors of Lake Victoria South Water Services Board, is also revoked. The revocation of appointment of the Chairman and members of the Board takes effect from 15th December, 2011. Dated the 15th December, 2011. C. K. NGILU,
GAZETTE NOTICE NO. 16172 IN EXERCISE of the powers conferred by section 49 (1) of the Labour Relations Act (No. 14 of 2007), the Minister for Labour makes the following Order: (a) That Messrs. Kenafric Bakery Limited to deduct from the wages of each unionisable employee who is not a member of Bakery, Confectionery, Food Manufacturing and Allied Workers Union (Kenya) herein referred to as the ‘union’ but is covered by the Collective Bargaining Agreement RCA No. 254 of 2011 signed between the union and the company a sum Dated the 13th December, 2011. JOHN MUNYES, GAZETTE NOTICE NO. 16173 IN EXERCISE of the powers conferred by section 5 (1) of the Sugar Act, 2001, the Minister for Agriculture appoints — ROSEMARY MKOK to be the Chief Executive Officer and Secretary to the Board of the Kenya Sugar Board, for a period of three (3) years, with effect from 16th December, 2011 Dated the 15th December, 2011. S. J. KOSGEI,
GAZETTE NOTICE NO. 16174 IT IS notified for general information of the public that the above Act became operational on 26th October, 2007, and that any operations carried out by the CDF Board shall be deemed to have been done under the said Amended Act. Dated the 16th December, 2011.
GAZETTE NOTICE NO. 16175 IN EXERCISE of the powers conferred by section 6 (1) (b) of the State Corporations Act, and section 5 (1) of the Standards Act, the Acting Minister for Industrialization appoints — EVA ADEGA ODUOR (MRS.) to be the Managing Director of Kenya Bureau of Standards, for a period of three (3) years, with effect from 15th December, 2011. Dated the 15th December, 2011. A. J. KINGI,
GAZETTE NOTICE NO. 16176 IN EXERCISE of the powers conferred by paragraph 2 of the second schedule of the Public Procurement and Disposal Regulations, the District Commissioner, Mbita District appoints — STEVEN OWORI to be the Chairman, Mbita District Tender Committee, with effect from 23rd November, 2011. Dated the 23rd November, 2011. JOSEPH MAGOHA,
GAZETTE NOTICE NO. 16177 IN EXERCISE of the powers conferred by section 3 (2) of the Traffic Act, the Registrar of Motor Vehicles revokes the appointment of — OKEMWA W. N. O. as a licensing officer with immediate effect. Dated the 16th December, 2011. FRANCIS MEJA, GAZETTE NOTICE NO. 16178 IN EXERCISE of the powers conferred by 22 (1) of the Anti - Counterfeit Act, 2008, the Anti-Counterfeit Agency Board Appoints — Stephen Mallowah, to be inspectors for the purposes of enforcing provisions of the Act, with effect from 1st December, 2011. Dated the 9th December, 2011. A. G. N. KAMAU,
GAZETTE NOTICE NO. 16179 IN EXERCISE of the powers conferred by 22 (5) of the Anti - Counterfeit Act, 2008, the Anti-Counterfeit Agency Board revokes the appointment* of — Gregory Muia Munyao, as inspectors for the purposes of enforcing provisions of the Act, with effect from 31st August, 2011. Dated the 9th December, 2011. A. G. N. KAMAU,
GAZETTE NOTICE NO. 16440 Term Starts January, 16th 2012 January 9th to 13th Special Session – Nakuru M. K. K. SEREM,
GAZETTE NOTICE NO. 16455 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 Mlolongo Village. The project will involve construction of 2400 residential houses,recreational club and a shopping mall. 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. 16456 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 mixed commercial development. The proponent proposes to construct a boutique hotel, an office park – 7 blocks of offices with a commercial centre (1 block), a parking silo, 8 blocks of offitels (a hotel suite with an office), a retail centre and a convention center. The proposed project site is situated on Plot LR. NO. 10688/3, Nyari area off Red hill road, Nairobi. It is approximately 20 kilometers from Nairobi CBD. The total area is 26.645 Hectares. The land can be accessed via the Red hill road off Limuru 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. 16457 IN EXERCISE of the powers conferred by section 260 (1) of the Municipal Council of Kitale appoints — ELIUD WEPUKHULU NABIIMBA to be a public prosecutor for the purposes of all cases arising under the Local Government Act and any by-laws made by the Municipal Council of Kitale, whether under that Act or otherwise. Dated the 9th December, 2011. W. M. MAROA, GAZETTE NOTICE NO. 16458 NOTICE is given to all property owners in Municipal Council of Murang’a jurisdiction rates defaulters that the Municipal Council of Murang’a with the approval of the Deputy Prime Minister and Minister for Local Government has given a waiver of interest on rates and penalties from 15th December, 2011 to 15th March, 2012. All are advised to pay their principal sum (rates) before the end of March, 2012. Dated the 6th December, 2011. A. J. NGOLO, GAZETTE NOTICE NO. 16459 PURSUANT to the provision of sections 9 (1), (2), (3) and 10 (1) of Valuation for Rating Act, notice is given to the Public and all rateable property owners that: The Draft Valuation Roll 2012 was completed and laid before the Full Council on 13th December, 2011 in accordance with the Valuation for Rating Act Cap 266 The Draft Valuation Roll 2012 is available for Public Inspection at County Council of Taita Taveta, Wundanyi Offices, Treasurers Department room No. 8 during ordinary business hours 8.00 a.m. to 4.30 p.m. from Monday to Friday. Interested persons inspecting can take copies and extracts at their own costs. Any person who is aggrieved — (a) by the inclusion of any rateable property in or by the omission of any rateable property from the draft valuation roll; or May lodge an objection with the County Clerk at any time before the expiration of Twenty eight days from the date of publication of this notice in the Kenya Gazette. Objection against an entry should be made by duly filling an objection form which is obtainable from the cash office on payment of KSh. 500 per entry. Dated the 20th December, 2011. A.W. MABUKA, GAZETTE NOTICE NO. 16460 PURSUANT to the provisions of section 15 (1), 16 (1) and (3) of the Rating Act, notice is given that: The County Council of Taita Taveta has levied a uniform rate levy of 2.5% of the un-improved site value of land appearing in the 2012 Valuation Roll The rates become due on 1st January, 2012, and are payable at the County Hall, Wundanyi, by 31st March, 2012. If any rate remains unpaid after that date, interest at the rate of 2 per cent per month or part thereof shall be payable to the County Council of Taita Taveta on the amount so unpaid. Rates are a debt to the County Council of Taita Taveta and are a charge on the land. Whilst every effort shall be made to deliver a demand note to every rateable owner of land, failure to receive the same will not, in any way, be held to absolve the debtor from any liability or penalty for the rates remaining unpaid after 31st March, 2012. Dated the 20th December, 2011. A.W. MABUKA, SUPPLEMENT No. 164
SUPPLEMENT No. 165
Special Issue Gazette Notice Vol.CXIII – No. 123 Dated December 19, 2011 GAZETTE NOTICE NO. 16157 IN EXERCISE of the powers conferred by section 4 (1) of the Salaries and Remuneration Commission Act, as read with section 7 (13) of the Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, in consultation with the Prime Minister, appoint — SARAH JEPKEMBOI CHUMO SEREM to be the Chairperson of the Salaries and Remuneration Commission. Dated the 16th December, 2011. MWAI KIBAKI,
GAZETTE NOTICE NO. 16158 IN EXERCISE of the powers conferred by section 4 (1) of the Salaries and Remuneration Commission Act, as read with section 7 (13) of the Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, in consultation with the Prime Minister, appoint — Daniel Ogutu, to be members of the Salaries and Remuneration Commission. Dated the 16th December, 2011. MWAI KIBAKI,
GAZETTE NOTICE NO. 16159 IN EXERCISE of the powers conferred by Article 166 (1) (b) of the Constitution, as read with Article 172 (1) (a) of the Constitution, section 30 of the Judicial Service Act, 2011, and the First Schedule to the Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, appoint — Roselyn Naliaka Nambuye (Justice), to be judges of the Court of Appeal of Kenya. Dated the 16th December, 2011. MWAI KIBAKI, . |
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Kenya Law Weekly Issue 50/2011
23 December 2011
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National Council for Law Reporting