July 2013 (LNs 118-122)

122-Traffic Amendment No 2 Rules, 2013

122-Traffic Amendment No 2 Rules, 2013

26th July 2013

LEGAL NOTICE No. 122

THE TRAFFIC ACT
(Cap.103)

IN EXERCISE of the powers conferred by section 119 of the Traffic Act, the Cabinet Secretary for Transport makes the following Rules:-

THE TRAFFIC (AMENDMENT) (No. 2) RULES. 2013

1. These rules may be cited as the Traffic (Amendment) (No.2) Rules, 2013.

2. Rule 2 of the Traffic Rules (in these Rules referred to as the "principal Rules") is amended by inserting the following definition immediately after the definition of "authorised permit"

"Authority" has the meaning assigned to it under the National Transport and Safety Authority Act, 2012.

3. The principal Rules are amended by inserting the following new rule immediately after rule 6.

"6 A. (1) A person may apply to the Authority to be issued with personalised number plates upon payment of the fees prescribed in the First schedule.

(2) Where a personalised registration number is transferred to another vehicle, an amount equivalent to two per cent of the fees payable for personalised registration  fee under paragraph (1) shall be payable over and above the normal registration fee.

(3) The following class of motor vehicles may not be issued with personalized identification plates-

(a) Public Service Vehicle;

(b) Cargo Trucks (private or for hire);

(c) Service Vehicles (ambulance and funeral hearse);

(d) Diplomatic Vehicle;

(e) Tractor; and

(f) Heavy machinery.

(4) An application for a personalised registration shall be made to the Authority who may process and approve or reject the application.

(5) Where a person intends to use the personalized identification plates on another motor vehicle upon disposal of a vehicle which initially had a personalized identification plate, a retention certificate may be issued by the Authority for a period not exceeding six months.

(6) The personalized identification plates shall, where it is not used within six months, be returned to the safe keeping.

(7) A registration plate of a County Government vehicle used by persons occupying the office of the Governor-

(a) may with prior approval of the Cabinet Secretary, have on it the inscriptions specified in the second column for the County specified in the first Column of the Thirteenth Schedule; and

(b) shall be strictly fixed on the official motor vehicle of the Governor and shall not be interchanged without prior approval of the Authority.

(8) Any person who uses unauthorized personalized number plates commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years cars, or both.

4. The principal Rules are amended in the First Schedule –

(a) by inserting the following entries immediately after the entries relating to "s.6 (6)-

"r. 6A (1) Registration of personalized number plates – 1,000,000

Replacement of defaced or lost personalized number plate 50,000

(b) by renumbering the existing provision as Part 1 and inserting the following new part –

"PART II-Specifications on Personalized Number Plates:

(a) The front and rear plates shall have seven characters comprised of letters of the alphabet or numerals.

(b) The characters on the number plates shall be in capital letters only.

(c) Any form of signs, symbols or any abusive words shall not be used on the plates.

(d) The letters “O” and “I” shall not be used unless they are used in a complete word.

(e) The front plates shall be embossed with a reflective white background and the rear plates shall be embossed with a reflective yellow background.

(f) The Personalized Number Plates shall –

(i) not be transferable and shall when the vehicle is disposed, be surrendered and the vehicle re-registered.

(ii) be vehicle specific, and shall not be transferred to any other vehicle.

(iii) be unique to the vehicle’s Chassis number and Engine number.

(iv) be displayed on aluminium embossed plates with the rear registration plate being of size 205 (two hundred and five) by 230 (two hundred and thirty) millimeters (205mm x 230mm).

(g) An alternate rear “elongated” plate shall bear the National Flag and the security hologram both at the left hand side and shall be of a size 522 mm (five hundred and twenty two) and 114 (one hundred and fourteen) millimeters (522 x 114) mm.

(h) The front registration plate shall bear the National Flag with the security hologram at the left hand side and shall be of size five hundred and twenty two by one hundred and fourteen millimeters (522mm x 114mm).

5. The principle Rules are amended by adding the following new Schedule immediately after the Twelfth Schedule.

THIRTEENTH SCHEDULE
(Rule 6A)

County

Registration Number

 

Mombasa

GVN001A

GVN001B

Kwale

GVN002B

GVN002B

Kilifi

GVN003A

GVN003B

Tana River

GVN04A

GVN04B

Lamu

GVN05A

GVN05B

Taita/Taveta

GVN06A

GVN06B

Garissa

GVN07A

GVN07B

Wajir

GVN08A

GVN08B

Mandera

GVN09A

GVN09B

Marsabit

GVN010A

GVN010B

Isiolo

GVN011A

GVN011B

Meru

GVN012A

GVN012B

Tharaka-Nithi

GVN013A

GVN013B

Embu

GVN014A

GVN014B

Kitui

GVN015A

GVN015B

Machakos

GVN016A

GVN016B

Makueni

GVN017A

GVN017B

Nyandarua

GVN018A

GVN018B

Nyeri

GVN019A

GVN019B

Kirinyaga

GVN020A

GVN020B

Murang’a

GVN021A

GVN021B

Kiambu

GVN022A

GVN022B

Turkana

GVN023A

GVN023B

West Pokot

GVN024A

GVN024B

Samburu

GVN025A

GVN025B

Trans Nzoia

GVN026A

GVN026B

Uasin Gishu

GVN027A

GVN027B

Elgeyo/Marakwet

GVN028A

GVN028B

Nandi

GVN029A

GVN029B

Baringo

GVN030A

GVN030B

Laikipia

GVN031A

GVN031B

Nakuru

GVN032A

GVN032B

Narok

GVN033A

GVN033B

Kajiado

GVN034A

GVN034B

Kericho

GVN035A

GVN035B

Bomet

GVN036A

GVN036B

Kakamega

GVN037A

GVN037B

Vihiga

GVN038A

GVN038B

Bungoma

GVN039A

GVN039B

Busia

GVN040A

GVN040B

Siaya

GVN041A

GVN041B

Kisumu

GVN042A

GVN042B

Homa Bay

GVN043A

GVN043B

Migori

GVN044A

GVN044B

Kisii

GVN045A

GVN045B

Nyamira

GVN046A

GVN046B

Nairobi

GVN047A

GVN047B

121-Public Procurement (Revocation) Regulations, 2013

121-Public Procurement (Revocation) Regulations, 2013

26th July, 2013

LEGAL NOTICE No. 121

THE PUBLIC PROCUREMENT AND DISPOSAL ACT
(No.3 of 2005)

IN EXERCISE of the powers conferred by section 140 of Public Procurement and Disposal Act, the Cabinet Secretary to National Treasury makes the following Regulations:-

THE PUBLIC PROCUREMENT AND DISPOSAL (REVOCATION) REGULATIONS, 20 I3

Citation.
1. These Regulations may be cited as the Public Procurement and Disposal (Revocation) Regulations, 2013.

Revocation of L.N. 109 of 2013
2. The Public Procurement and Disposal (Amendment) Regulations, 2013, are revoked.

Made on the 8th July, 2013.

HENRY ROTICH,
Cabinet Secretary for the National Treasury.

120-Banking Act Exemption Equatorial Commercial Bank, 2013

120-Banking Act Exemption Equatorial Commercial Bank, 2013

5th July, 2013

LEGAL NOTICE No. 120

THE BANKING ACT
(Cap. 488)
 
EXEMPTION

IN EXERCISE of the powers conferred by section 53 of the Banking Act, the Cabinet Secretary for the National Treasury exempts Equatorial Commercial Bank Limited from the provisions of section 12 (c) for a period of one year, with effect from the 1st December, 2012.

Made on the 21st June, 2013.

HENRY K. ROTICH,
Cabinet Secretary for the National Treasury.

119-Banking Act Exemption Standard Chartered Bank, 2013

119-Banking Act Exemption Standard Chartered Bank, 2013

5th July, 2013

LEGAL NOTICE No. 119

THE BANKING ACT
(Cap. 488)

EXEMPTION

IN EXERCISE of the powers conferred by section 53 or the Banking Act, the Cabinet Secretary for the National Treasury exempts Standard Charted Bank Kenya Limited from the provision's of section 12 (a) and (c) for a period of five years.

Made on the 21st June, 2013.

HENRY K. ROTICH,
Cabinet Secretary for the National Treasury.

118-Customs and Excise Railway Development Levy Fund Regulations, 2013

118-Customs and Excise Railway Development Levy Fund Regulations, 2013

5th July, 2013

LEGAL NOTICE No. 118

THE CUSTOMS AND EXCISE ACT
(Cap. 472)

IN EXERCISE of the powers conferred by section 117A of the Customs and Excise Act as read with section 24(4) of the Public  Finance Management Act, 2012, No 18 of 2012, the Cabinet Secretary for the National Treasury makes the following Regulations:—

THE CUSTOMS AND EXCISE (RAILWAY DEVELOPMENT LEVY FUND) REGULATIONS, 2013

Citation.
1. These Regulations may be cited as the Customs and Excise (Railway Development Levy Fund) Regulations, 2013.

Interpretation.
2. In these Regulations, unless the context otherwise requires—

"Advisory Committee" means the Advisory. Committee constituted under regulation 6;

"financial year" means the period of twelve months ending on the 30th June in each year;

"Fund" means the Railway Development Levy Fund established under regulation 3;

"officer administering the Fund" means the Principal Secretary responsible for matters relating to transport.

Establishment of Fund.
3. (1) There is established a Fund to be known as the Railway Development Levy Fund.

(2) The Fund shall consist of —

(a) the proceeds of the railway development levy charged under section 117A of the Customs and Excise Act, Cap. 472;

(b) grants or donations made to the Fund;

(c) any income generated from the proceeds of the Fund.

Objective and purpose of the Fund.
4. The objective and purpose of the Fund shall be to provide funds for the construction of a standard gauge railways network in order to facilitate the transportation of goods.

Payments out of the Fund.
5. There shall be paid out of the Fund, payments in respect of any expenses incurred in pursuance of the object and purpose for which the Fund is established.

Advisory Committee.
6. There is established a committee to be known as the Advisory Committee which shall consist of—

(a) the Principal Secretary responsible for matters relating to finance who shall be the chairperson;

(b) the Principal Secretary responsible for, matters relating to transport;

(c) the Principal Secretary responsible for matters' relating to infrastructure; and

(d) the managing director of the Kenya Railways Corporation appointed under section 5 of the Kenya Railways Corporation Act, Cap. 397.

Functions of the Advisory Committee.
7. The functions of the Advisory Committee shall be—

(a) to review and approve the annual work programmes and cost estimates; and

(b) to oversee the management of the Fund and advise the Cabinet Secretary generally on the operations of the Fund.

Annual budget to be approved by the Advisory Committee.
8. (1) The expenditure of the. Fund shall be on the basis of, and limited to, the annual work programmes and cost estimates which shall be submitted to the Advisory Committee for approval before the beginning of the financial year to which they relate.

(2) Any revision of the approved expenditure or expenditure outside the work programme and cost estimates shall not be implemented or incurred unless they have been approved by the Advisory Committee.

Receipts, savings and accruals to be retained for the purpose of the Fund.
9. All receipts, savings and accruals of the Fund and the balance of the Fund at the close of each financial year, shall be retained for the purpose for which the Fund is established.

Application of financial and procurement regulations.
10. The existing government financial and procurement regulations shall apply in the administration of the Fund.

Administration of the Fund.
11. The officer administering the Fund shall —

(a) supervise and control the administration of the Fund;

(b) consult with the Advisory Committee on matters relating to the administration of the Fund as may, from time to time, be necessary;

(c) advise and consult with the Cabinet Secretary responsible for finance on matters relating to the administration of the Fund as may, from time to time, be necessary;

(d) cause to be kept all proper books of accounts and other books and records relating to the Fund and to the activities and undertakings financed by the Fund; and

(e) prepare, sign and transmit to the Auditor-General in respect of each financial year and within three months after the end thereof, a statement of account relating to the Fund in such form as the National Treasury tray from time to time prescribe, in accordance with Public Financial Management Act, 2012.

Made on the 3rd July, 2013.

HENRY K. ROTICH,
Cabinet Secretary for the National Treasury.