Kenya Law: 24/06/2013

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21st June

Issue 25/2013

CASE OF THE WEEK

The nature of nominations by political parties that would meet special interest representation in the legislature.

Commission for the Implementation of the Constitution v Attorney General & another
Civil Appeal No 351 of 2012
Court of Appeal at Nairobi
F. Azangalala, P.O. Kiage & J. Mohammed, JJ.A
June 14, 2013
Reported by Beryl A. Ikamari

Brief facts
The Attorney General, exercising powers provided in the Revision of Laws Act (Cap. 2) published Legal Notice No. 142 of 2011, the Laws of Kenya (Rectification) Order, 2011, which deleted the word "not" found in section 34(9) of the Elections Act No. 24 of 2011. Section 34(9) initially provided that party lists, for nomination of members to the National Assembly, Senate and County Assembly, for purposes of special interest representation, may not contain the name of any Presidential or Deputy Presidential candidate.

Thereafter, a petition was lodged to challenge the constitutionality of the amendment to section 34(9) of the Elections Act No. 24 of 2011. It was claimed that the new provision went against various constitutional provisions meant to safeguard the position of various special interest groups such as women, the youth, persons living with disabilities, workers, minorities, the marginalized and the disadvantaged. It was also contended that the amendment would defeat non-discrimination and affirmative action aims pursued within the Constitution.

At the High Court trial, Justice D. Majanja entered judgement entailing a finding that section 34(9) of the Elections Act No. 24 of 2011 was not unconstitutional, and that party lists made pursuant to that section could include Presidential and Deputy Presidential candidates. An appeal was lodged at the Court of Appeal against the judgment and the Court of Appeal made its findings on the issue of the constitutionality of section 34(9) of the Elections Act, No. 24 of 2011.

Issues
i. Whether the amendment made to section 34(9) of the Elections Act, No. 24 of 2011, was inconsistent with constitutional provisions as it effectively made the nomination of persons who were Presidential candidates and Deputy Presidential candidates, as special interest representatives, possible.

The Elections Act, No. 24 of 2011, section 34(9);
(9) The party list may contain a name of any Presidential or Deputy Presidential candidate nominated for an election under this Act.

Constitutional Law-interpretation of constitutional provisions-nomination of special interest representatives as members to the National Assembly, Senate and County Assembly by political parties-the nature of nominations that could be deemed to entail special interest representation-whether the nomination of Presidential Candidates and Deputy Presidential Candidates would embody special interest representation- Constitution of Kenya, 2010, articles 10, 90, 97(1)(c), 98(1)(b), 98(1)(c), 98(1)(d) and 177(1)(c) and Elections Act No. 24 of 2011, section 34(9).

Electoral Law-nomination of members to the National Assembly, Senate and County Assembly-the exercise of discretion by political parties in making nominations-whether the political parties' discretion in making nominations of members to the National Assembly, Senate and County Assembly was absolute and unquestionable- Constitution of Kenya, 2010, articles 10, 90, 97(1)(c), 98(1)(b), 98(1)(c), 98(1)(d) and 177(1)(c) and Elections Act No. 24 of 2011, section 34(9).

Statutes – interpretation of statutes - the constitutionality of section 34(9) of the Elections Act, No. 24 of 2011- Constitution of Kenya, 2010, articles 10, 90, 97(1)(c), 98(1)(b), 98(1)(c), 98(1)(d) and 177(1)(c) and Elections Act No. 24 of 2011, section 34(9).

Held:
1. The legal framework for the nomination of candidates to the Senate, National Assembly and County Assembly was intended to inject equity, rationality, objectivity and inclusivity into the nomination processes. It was created to weigh against absolute and unquestionable discretion within political parties as relates to such nominations.

2. Pursuant to article 10 of the Constitution of Kenya, 2010, the national values and principles of governance were applicable to all persons, inclusive of all state organs and political parties, whenever any of them applied or interpreted the Constitution, or enacted any law or made or implemented public policy considerations. Article 10 (2)(b) of the Constitution of Kenya, 2010, included values such as human dignity, equity, social justice, inclusiveness, equality, non-discrimination and the protection of the marginalized.

3. The discretion exercised by political parties in nomination processes was to be in accord with constitutional provisions and the spirit of the Constitution. The amendment made to section 34(9) of the Elections Act No. 24 of 2011, seemed to suggest that it was within the discretion of political parties to nominate Presidential candidates and their deputies who did not ascend to office, to the National Assembly, Senate or County Assembly, as special interest representatives.

4. The political parties' discretion with regard to nomination of candidates to the National Assembly, Senate and County Assembly was to be carried on in accordance with constitutional provisions. That discretion entailed the following nominations;

a) The twelve members of the National Assembly, nominated by political parties to represent special interests including the youth, persons with disabilities and workers, pursuant to article 97(1)(c) of the Constitution of Kenya, 2010.

b) The sixteen women members of the Senate nominated by political parties to the Senate, pursuant to article 98(1)(b) of the Constitution of Kenya, 2010.

c) Two members of the Senate, being one man and one woman, nominated to represent the youth, pursuant to article 98(1)(c) of the Constitution of Kenya, 2010.

d) Two members of the Senate, being one man and one woman, nominated to represent persons with disabilities, pursuant to article 98(1)(d) of the Constitution of Kenya, 2010.

e) The nomination of members to the County Assembly to represent marginalized groups, including persons with disabilities and the youth, pursuant to article 177(1)(c) of the Constitution of Kenya, 2010.

5. As concerns the nomination of members to the National Assembly, Senate and County Assembly, the exercise of discretion by political parties was required to promote gender equity and also regional and ethnic diversity, in accordance with the provisions of article 90 of the Constitution of Kenya, 2010. Additionally, such nominations were intended to protect the interests of women, and to give special representation to the youth and persons with disabilities.

6. The reference to the representation of special interests under Article 97(1)(c) of the Constitution of Kenya, 2010, invited the application of the ejusdem generis rule. Special interests representation would therefore include the representation of the youth, persons with disability, workers and also the disadvantaged and the vulnerable. It would include those interests which had not been catered for in the electoral process and which were vital to the effectiveness of the democratic process in ensuring adequate representation for all.

7. It was vital to the flourishing of democracy that representation for minority groups in the legislative assembly be availed and the instrumentality of nominations under the category of special interests was meant to facilitate such representation.

8. While the list of special interests was fluid, Presidential candidates and Deputy Presidential candidates could not possibly have been intended to be representatives of special interests.

9. In the interests of constitutionalism and in exercise of the judiciary's role in interpreting the Constitution, the Court of Appeal in an appeal from the High Court could determine the constitutionality of legislative enactments. Testing the constitutionality of legislative provisions was especially vital in preserving special safeguards provided for in the Constitution in order to protect persons or groups that were vulnerable or disadvantaged.

Appeal allowed. (Section 34(9) of the Elections Act, No. 24 of 2011, declared void and invalid.)

View the Full Judicial Opinion

SELECTED NOTICES FROM THE KENYA GAZETTE

Kenya Gazette Vol CXV – No 92 Dated June 21, 2013

Table of Contents
The Kenya Information and Communications Act — Appointment.
The Tana and Athi Rivers Development Act — Appointment.
The Labour Relations Act—Deduction of Agency Fees.
The Community Service Orders Act—Appointment.
The County Governments Act—Appointments.
The Registration of Titles Act—Issue of Provisional Certificates.
The Registered Land Act—Issue of New Land Title Deed, etc.
The Customs Services Department—Goods to be sold at Customs Warehouse, Mombasa.
Probate and Administration.
The Bankruptcy Act—Receiving Order and First Creditors’ Meeting.
The Physical Planning Act—Completion of Part Development Plans.
The Records Disposal (Courts) Rules—Intended Destruction of Court Records.
The Elections Act—Withdrawal of Election Petitions.
The Arbitration Act—Submissions.
The Environmental Management and Co-ordination Act— Environmental Impact Assessment Study Reports, etc.
Disposal of Uncollected Goods.
Loss of Share Certificate.
Loss of Policies.
Change of Names.

SUPPLEMENT No. 79
Legislative Supplement
LEGAL NOTICE NO.
93—The Traffic (Amendment) Order, 2013 .
94—The Science, Technology and Innovation Act — Commencement.
95—The Technical and Vocational Education and Training Act — Commencement.
96–97—The Banking Act—Exemptions.
98—The Cattle Cleansing Act—Amendment.
99–101—The National Hospital Insurance Act— Declaration of Hospitals, etc.

SUPPLEMENT Nos. 81, 82, 83, 84, 85, 86, 87 and 88
Bills, 2013
The Finance Bill, 2013.
The Microfinance (Amendment) Bill, 2013.
The Kenya Deposit Insurance (Amendment) Bill, 2013 .
The Insurance (Amendment) Bill, 2013.
The Insurance (Motor Vehicle Third Party Risks) (Amendment) Bill, 2013.
The Tax Appeals Tribunal Bill, 2013.
The Capital Markets (Amendment) Bill, 2013.
The Value Added Tax Bill, 2013.

Selected Notices

GAZETTE NOTICE NO. 8280
THE KENYA INFORMATION AND COMMUNICATIONS ACT
(No. 2 of 1998)
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (f) (vii) of the Kenya Information and Communications Act, 1998, the Cabinet Secretary for Information, Communication and Technology appoints—

FRANCIS NGESA

to be a member of the Board of Communications Commission of Kenya, for a period of three (3) years, with effect from the 22nd May, 2013.

Dated the 10th June, 2013.

F. O. MATIANG’I,
Cabinet Secretary,
Information, Communication and Technology

GAZETTE NOTICE NO. 8281
THE TANA AND ATHI RIVERS DEVELOPMENT
AUTHORITY ACT
(Cap. 443)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) (f) of the Tana and Athi Rivers Development Authority Act, the Cabinet Secretary, for the Ministry of Environment, Water and Natural Resources appoints —

John Nthuku,
Sarah Mugwanja,
Luke Musau (Dr.),
Solomon Lutta,
Halima Shaiyah,

to be Board members of the Tana and Athi Rivers Development Authority, for a period of three (3) years, with effect from the 21st June, 2013.
Dated the 18th June, 2013.

J. W. WAKHUNGU,
Cabinet Secretary,
Ministry of Environment, Water and Natural Resources.

GAZETTE NOTICE NO. 8282
THE LABOUR RELATIONS ACT
(No. 14 of 2007)
DEDUCTION OF AGENCY FEES

IN EXERCISE of the powers conferred by section 48 (2) of the Labour Relations Act (No. 14 of 2007), the Cabinet Secretary for Labour, Social Security and Services makes the following order:

(a) That every employer who employs more than five (5) members of Kenya Glass Workers Union:

(i) Deduct every month the sum of 2% (two per cent) with a maximum of KSh. 500 (five hundred shillings) from the wages of every employee who is a member of the union payable by crossed cheque to Kenya Glass Workers Union–Bank Account No. 0350298772797 at Equity Bank–KNUT House Branch, Nairobi.

(ii) In addition of (a) (i) above, to deduct every month the sum of KSh. 100 (one hundred shillings) from each employee payable by crossed cheque to Central Organization of Trade Unions (COTU), Bank Account No. 229-741-204 at Kenya Commercial Bank Ltd., Moi Avenue Branch, P.O. Box 48400, Nairobi.

(b) To pay within ten (10) days from the date of deductions the total sum so deducted under (i) and (ii) to the respective specified bank accounts.

(c) To notify that trade union and the organization in writing within one (1) month of making the payments.

(d) Make written returns to the Registrar of Trade Unions within one (1) month of making the payments to the trade union and that organization.

Dated the 17th June, 2013.

S. K. KAMBI,
Cabinet Secretary,
Ministry of Labour, Social Security and Services.

GAZETTE NOTICE NO. 8283
THE COMMUNITY SERVICE ORDERS ACT
(No. 10 of 1998)
APPOINTMENT

IN EXERCISE of the powers conferred by section 10 (1) (a) of the Community Service Orders Act, the Chief Justice re-appoints —

LAWRENCE MUGAMBI NTHIGA

to be the National Community Service Orders Co-ordinator for a term of one (1) year, with effect from the 2nd March, 2013.

Dated the 18th June, 2013.

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

GAZETTE NOTICE NO. 8284
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
BARINGO COUNTY EXECUTIVE COMMITTEE
APPOINTMENT

IN EXERCISE of the powers conferred to me by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Baringo County Assembly in its session held on the 21st May, 2013, I, Benjamin Chesire Cheboi, the Governor of Baringo County, appoint the person named in the first column of the Schedule, to be a member of the Baringo County Executive Committee responsible for the matters respectively specified in the second column of the Schedule.

Name of Member	Responsibilities
Geoffrey Kipruto Bartenge	Agriculture, Livestock and Fisheries Management

Dated the 1st June, 2013.

BENJAMIN CHESIRE CHEBOI,
Governor, Baringo County.
MR/2727372

GAZETTE NOTICE NO. 8285
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
NAKURU COUNTY EXECUTIVE COMMITTEE
APPOINTMENT

IN EXERCISE of the powers conferred to me by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Nakuru County Assembly in its session, I, Kinuthia Mbugua, the Governor of Nakuru County, appoint the persons named in the first column of the Schedule, to be members of the Nakuru County Executive Committee responsible for the matters respectively specified in the second column of the Schedule.

Name of Member	Responsibilities
Julius Ogeto (Dr.)	Health Services
Pollyne Anyango Owoko	Information, Communication Technology and e-Government
Stanley K. Chepkwony (Dr.)	Agriculture, Livestock and Fisheries
Mary Kariuki (Prof.)	Lands, Physical Planning and Housing
Joseph Kosgei Tonui	Education, Culture, Youth and Social Services
Joseph Mogosi Motari	County Secretary

Dated the 18th June, 2013.

KINUTHIA MBUGUA,
Governor, Nakuru County.
MR/2728118

GAZETTE NOTICE NO. 8286
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
MIGORI COUNTY ASSEMBLY SERVICE BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by section 12 of the County Governments Act, 2012, the Migori County Assembly has appointed the following to be members of the County Assembly Service Board.

Name of Member	Responsibilities
Gordon Fred Ogola	Speaker of the County Assembly—(Chairman)
Johnson Omollo Owiro	Leader of Majority Party—(Vice-Chairman)
Charles Nyamohanga Nyangi	Leader of Minority Party
Gladys Akoth Ngere	Interim Clerk of County Assembly—(Secretary to the Board)

Dated the 10th June, 2013.

Patrick O Wakine
Interim ClerkOf
County Assembly

GAZETTE NOTICE NO. 8287
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
MAKUENI COUNTY ASSEMBLY SERVICE BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by section 12 of the County Governments Act, 2012, the Makueni County Assembly vide its 12th session held on 11th June, 2013, appointed the following to be members of the Makueni County Assembly Service Board, with effect from 11th June, 2013.

Name of Member	Responsibilities
Stephen Mutunga Ngelu	Speaker of the County Assembly—(Chairman)
Francis Munyao Mutuku	Leader of Majority Party—(Vice-Chairman)
John Muli Mwenze	Leader of Minority Party
Elizabeth Mwelu Masilla
Robert Mwalu Musyoka	County Assembly Clerk—(Secretary

Dated the 11th June, 2013.

ROBERT M. MUSYOKA,
Clerk to the Makueni County Assembly.
MR/2727362

GAZETTE NOTICE NO. 8288
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
NYAMIRA COUNTY PUBLIC SERVICE BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by Article 235 (1) of the Constitution of Kenya as read with sections 57 and 58 of the County Governments Act, 2012, and upon approval by the Nyamira County Assembly in its session, the Nyamira County Assembly has appointed the following to be members of the Nyamira County Public Service Board, with effect from 1st June, 2013.

Peter Nyakundi—(Chairman)
Robert Mochache—(Secretary)
Mary Achira Nyamwaro
Daniel Magiya Osebe
Beatrice Mokeira Siribah
Stephen Kennedy Oboso

Dated the 30th May, 2013.

J. O. NYAGARAMA,
Governor, Nyamira County.
MR/2727040

GAZETTE NOTICE NO. 8289
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
BUSIA COUNTY ASSEMBLY SERVICE BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by section 12 of the County Governments Act, 2012, the Busia County Assembly has appointed—

MIRIAM WAKAYA OBURA

to be a member of the Busia County Assembly Service Board.

Dated the 4th June, 2013.

SOSPETER OJAAMONG,
MR/ Governor, Busia County.

GAZETTE NOTICE NO. 8290
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
BUSIA COUNTY PUBLIC SERVICE BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by Article 235 of the Constitution as read with sections 57 and 58 of the County Governments Act, 2012, and upon approval by the Busia County Assembly, I, Sospeter Ojaamong, Governor of Busia County, appoint—

Agneta Syeunda Buluma Akhaabi—(Chairperson),
Francis Nang’ayo (Dr.),
Josiah M. Wanyama,
Kapule Susan Masake,
Pancras A. Otwani,

to be members of the Busia County Public Service Board.

Dated the 4th June, 2013.

SOSPETER OJAAMONG,
Governor, Busia County.
MR/2727039

GAZETTE NOTICE NO. 8290
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
BUSIA COUNTY PUBLIC SERVICE BOARD
APPOINTMENT

Agneta Syeunda Buluma Akhaabi—(Chairperson),
Francis Nang’ayo (Dr.),
Josiah M. Wanyama,
Kapule Susan Masake,
Pancras A. Otwani,

to be members of the Busia County Public Service Board.

Dated the 4th June, 2013.

SOSPETER OJAAMONG,
Governor, Busia County.
MR/2727039

GAZETTE NOTICE NO. 8291
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
VIHIGA COUNTY EXECUTIVE COMMITTEE
APPOINTMENTS

IN EXERCISE of the powers conferred by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Vihiga County Assembly in its first session held on the 11th June, 2013, I, Moses Akaranga , Governor of Vihiga County, appoint the persons named in the first column of the Schedule, to be members of the Vihiga County Executive Committee responsible for the matters respectively specified in the second column of the Schedule.

SCHEDULE

Name of Member	Responsibilities
Elmanus Angaluki Vodoti	Education, Science and Technology
Kenneth Sande Mukuna	Agriculture, Livestock, Fisheries and Co-Operatives
Evans Kaiga Inyangala	County Treasury.
Nixon Omeri Amendi	Gender, Culture, Youth And Sports
Halima Abdi	Environment, Natural Resources, Water and Forestry.
Silas Kipkemboi	Transport And Infrastructure
Johnstone Anyika Khejeri	Public Services And Administration
Newton John Onguko Okwiya	Industrialization, Trade and Tourism
Clara Josephine Indire	Lands, Housing, Urban and Physical Planning.
Zilpah Kageha Andiva	Health.

Dated 17th June, 2013.

MOSES AKARANGA,
Governor, Vihiga County.

GAZETTE NOTICE NO. 8292
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
VIHIGA COUNTY PUBLIC SERVICE BOARD
APPOINTMENTS

IN EXERCISE of the powers conferred by Article, 235 (1) of the Constitution as read with sections 57 and 58 of the County Governments Act, 2012,and upon approval by the Vihiga County Assembly in its third session held on the 11th June, 2013, I, Moses Akaranga, Governor of Vihiga County, appoint the persons named in below to be members of the Vihiga County Public Service Board.

Carolyne Rebecca Enane — (Chairperson)
Bishop Elkana Salamba
Naomi Ruth Esiaba
Philemon Edagidza Amadi
Bigood Asienwa Opapa
Patrick Hoyd Isadia

Dated 17th June, 2013.

MOSES AKARANGA,
Governor, Vihiga County.

GAZETTE NOTICE NO. 8630
THE RECORDS DISPOSAL (COURTS) RULES
(Cap. 14, Sub. Leg.)
IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT
AT LIMURU
INTENDED DESTRUCTION OF COURT RECORDS

IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Senior Principal Magistrate’s Court at Limuru, intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Senior Principal Magistrate’s Court at Limuru as set out below:

Criminal cases 2000–2009

Traffic cases 2000–2009

A comprehensive list of all condemned records that qualify to be disposed under the Act can be obtained and perused at the Senior Principal Magistrate’s Court Registry, Limuru.

Any person desiring the return of any exhibit in any of the above cases must make his/her claim within the time stipulated in this publication should do so before the expiry of the notice.

All exhibits to which no claim is substantiated before the destruction of the records shall under section 4 be deemed to be part of the records for the purposes of destruction.

G. H. ODUOR,
Senior Principal Magistrate, Limuru.
MR/2727202

GAZETTE NOTICE. NO. 8631
THE ELECTIONS ACT
(No. 24 of 2011)
IN THE HIGH COURT OF KENYA AT MALINDI
ELECTION PETITION NO. 10 OF 2013
IN THE MATTER OF THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013
AND
IN THE MATTER OF THE ELECTION FOR MEMBER OF NATIONAL ASSEMBLY OF KALOLENI CONSTITUENCY
WITHDRAWAL OF AN ELECTION PETITION

IN THE Election petition for the Member of the National Assembly of Kaloleni Constituency in which Samwel Kambi Kazungu is petitioner and the Independent Electoral and Boundaries Commission of Kenya and Chea Mwingi Gunga are the respondents.

Notice is given that the above petitioner did on the 10th day of June, 2013 lodged at the office of the Registrar an application for leave to withdraw the election petition.

And take notice that under the Elections (Parliamentary and County Elections) Petition Rules any person who might have been a petitioner in respect of the said election may, within seven days after the date of publication of this notice, give notice in writing to the Registrar of the High Court of the intention of the hearing of the application to be substituted as a petitioner.
Dated the 13th June, 2013.

WAMUTI NDEGWA,
Advocate for the Petitioner.
MR/2727089

GAZETTE NOTICE NO. 8252
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED BONI COMMUNITY INTERGRATED FOOD SECURITY AND LIVELIHOOD SUPPORT PROJECT (IFSLSP) IN BASUBA LOCATION, KIUNGA DIVISION, LAMU EAST DISTRICT, LAMU COUNTY
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.

The proponent (Kenya Red Cross Society) proposes to introduce irrigation farming in a 50 acre farm; improved beekeeping; and poultry farming in Basuba Location, Kiunga Divisiion, Lamu East District, Lamu County.

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

The full report of the proposed project is available for inspection during working hours at:

(a) The Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(b) The Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi.
(c) The County Environmental Committee, c/o County Director of Environment, Lamu County.
(d) County Director of Environment, Lamu County.

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 decision making process of the plan.

ROBERT ORINA,
for Director-General,
National Environment Management Authority
MR/2436859

GAZETTE NOTICE NO. 8253
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED RELOCATION OF AN AVIATION DEPOT TO A KENYA AIRPORTS AUTHORITY ALLOCATED LAND WITHIN WAJIR INTERNATIONAL AIRPORT, IN WAJIR COUNTY
INVITATION OF PUBLIC COMMENTS

ROBERT ORINA,
for Director-General,
National Environment Management Authority.
MR/2727321

GAZETTE NOTICE NO. 8633
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED HIGH-RISE APARTMENTS, ON PLOT L.R. NO. 1870/11/251 AND 1870/11/162 OFF GENERAL MATHENGE ROAD IN WESTLANDS, NAIROBI COUNTY
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.

The Proponent (Portofino Properties Limited) is proposing to construct on a three acre plot; a total of 43 high-rise residential units in six (6) blocks, parking area on the ground floor, and a sewage treatment plant on Plot L.R. No. 1870/11/251 and 1870/11/162 off General Mathenge Road in Westlands, in Nairobi County.

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) County Director of Environment, Nairob County.

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 decision making process of the plan.

ROBERT ORINA,
for Director-General,
National Environment Management Authority.
MR/2727321

National Council for Law Reporting
Milimani Commercial Courts Building,
Ground Floor
P.O Box 10443 - 00100, Nairobi Kenya.
Tel: (254 020) 2712767, 2719231
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Newsletter on 24/06/2013