Newsletter on 26/04/2013

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Friday 26th April

Issue 17/2013

CASE OF THE WEEK

 

Right to Fair Trial Includes Right to Have the Trial Begin and Conclude Without Unreasonable Delay

Reported by Nelson K. Tunoi
Republic v. Attorney General & 3 others ex parte Kamlesh Pattni [2013] eKLR
J. R. Misc. Civil Application No. 305 of 2012
High Court of Kenya at Nairobi
Constitutional and Judicial Review Division
J. M. Mutava, J.
March 25, 2013

Issues for determination by the court:

1.Whether the application for judicial review orders of certiorari and prohibition was statute-barred.

2. Whether the decision of the 2nd respondent terminating the plea bargain application between himself and the applicant was amenable to judicial review by way of an order of certiorari.

3. Whether the conduct, attention and management of the various criminal cases against the applicant by the 1st and 2nd respondents met the established constitutional threshold for the treatment of an accused person, as to disentitle the applicant from the orders of judicial review sought.

4. Whether the applicant's constitutional rights to fair trial and in particular a trial within a reasonable time as guaranteed by the Constitution of Kenya, 2010 was violated to merit redress from the High Court in terms of the prohibition orders sought.

Judicial review-certiorari and prohibition-application for judicial review orders of prohibition against the respondents from prosecuting or continuing to prosecute the applicant-whether the judicial review application was statute barred-whether the decision of the 2nd respondent terminating plea bargain application between himself and the applicant was amenable to judicial review by way of an order of certiorari-validity of the application-Civil Procedure Rules (cap 21 Sub Leg) Order 53 Rules 3 (1), 4 (1) & 7 (2)

Constitutional law-fundamental rights and freedoms-right to fair trial-whether the applicant's constitutional rights to fair trial and in particular a trial within a reasonable time as guaranteed by the Constitution of Kenya, 2010 was violated to merit redress from the High Court in terms of the prohibition orders sought-Constitution of Kenya, 2010, articles 50 (2) (e), 157

Constitutional law-powers of the Director of Public Prosecutions-statutory obligations bestowed upon the Director of Public Prosecutions under of the Criminal Procedure Code as far as plea agreements relate-whether the Director of Public Prosecutions in rejecting the plea request by the applicant, acted within his constitutional and statutory mandate-Constitution of Kenya, 2010 article 157; Criminal Procedure Code (cap 75) section 137

Held:

1. The application for judicial review by the applicant was made within the requisite 6 months period and therefore the court had jurisdiction to hear and determine the application.

2. Although the applicant had advanced compelling grounds for purposes of his plea bargain application, such grounds were not, in the context of judicial review proceedings, considerations that a court of law would hold against the 2nd respondent, to the extent that his decision on whether or not to accept the plea offer was concerned. What suffices is that the 2nd respondent, in rejecting the plea request, acted within his constitutional and statutory mandate, even if the ensuing decision was absurd in the light of the grounds advanced.

3. As far as plea agreements relate, the 2nd Respondent had conformed with the statutory obligations bestowed upon him under Section 137 of the Criminal Procedure Code. Therefore the judicial review court could not fault the conclusion reached by the 2nd Respondent and needed only to satisfy itself that he did comply with the statutory steps set out for plea bargaining.

4. Instructively, article 25 (c) of the Constitution lists the right to a fair trial as one of the fundamental rights and fundamental freedoms that shall not be limited despite any other provision in the Constitution. In effect, the right to a fair trial is sanctified and insulated from derogation even under other provisions of the Constitution itself.

5. The right to fair trial under article 50 (2) (e) of the Constitution of Kenya, 2010 is not limited to the commencement of the trial but also applies to the conclusion thereof. The applicant in this case had been charged with diverse offences since year 1993, none of which have ever been concluded. Notwithstanding the convoluted history of the charges brought against the applicant and others, being placed at a considerable and grave risk to freedom for nearly the past two decades is by any standards astounding. Being placed at such risk for an indeterminable period of time with no end in sight must leave the conscience of the drafters of the Constitution shattered. This was not the treatment the Constitution contemplated for any accused person, irrespective of their status in society. Criminal trials should be commenced and concluded within a reasonable time.  

6. The observations made by the "Bosire Commission" in their report impaired the applicant's presumption of innocence in that the Commission had concluded that the applicant was guilty of the offences of fraud, forgery and theft stated identified in the Commission's report. Only through abundance of caution did the Commission leave it to the Attorney General to place the last nail on a sealed fate as regards the applicant's guilt.

7. It is a matter of public notoriety that the applicant has had to contend with adverse and intrusive media coverage in nearly all aspects of his life of which his court battles top the agenda. Therefore the publication of the press statement dated 15th March 2006 had the potential to impair the applicant's presumption of innocence, which is protected under the Constitution. 

8. As regards the publicity surrounding the publication of the Bosire Report, the adverse impact of the press releases by the 1st Respondent applied in equal measure. Further, to the extent that the criminal prosecution was commenced on the basis of the recommendations of the Bosire Report in spite of the findings and recommendations of the Bosire Report having found to be flawed in the Saitoti and Kotut cases, such prosecution was a scornful of the presumption of innocence. This position was not helped by the fact that the 1st Respondent commenced prosecution without further investigations as recommended by the Commission.

9. The argument that delay does not per se constitute a ground for finding a violation of the right to fair trial withers in the face of the Constitution which explicitly provides that an accused person must be accorded a fair trial without delay. No exception is made by the Constitution on this requirement. The reality is that unless trial begins and concludes without unreasonable delay, an accused person's constitutional rights are violated not only because of the delay but also because of other incidental consequences of delay such as loss of memory of witnesses, witnesses falling by the wayside in one way or another, and loss of documents among other pertinent considerations.

10. The law does not impose time limitation for the prosecution of offences except where a limitation is imposed by statute. Thus, the 2nd respondent should remain at liberty to prosecute, provided however that in doing so, he meets due compliance with the rights conferred on an accused person by the Constitution.

11. The Bosire Report itself recommended that fresh investigations before the applicant and other named persons could be charged with the criminal charges contested. This was never done. Therefore, no new evidence was relied upon as a basis for the fresh criminal charges preferred against the applicant in May 2006.

12. To lay fresh charges against the applicant and others after passage of more than fourteen (14) years after the events occurred was inordinate delay. Further, failing to conclude a criminal case after the passage of more than twenty (20) years with the applicant having the noose hanging over his neck by the State can in no manner whatsoever be a reasonable time. Neither the 1st nor 2nd respondents had offered any explanation or any reasonable explanation to the inordinate delay in taking any action or in concluding this or any other case against the Applicant and others.

13. Adverse media publicity may negatively impact upon the rights of an accused person, particularly where the reporting extends to opinions that amount to pre-judging the applicant's guilt ("trial by press"). The Kenyan jurisdiction is replete with skewed media reporting of court proceedings, which at times defies the sub-judice rule.

14. It is within public domain that the applicant's protracted court battles have consistently attracted immense media interest and publicity, at times fair, at times negative, at times intrusive and at times skewed. However, at the end of the day, where media publicity is seen as carrying the potential to infringe upon any right of an accused person, it should be for the trial court to intervene and set parameters of reporting that respect such rights. For the present purposes, the court is however unable to give much weight to past media publicity as a basis for the grant of the orders sought.

15. The role of the court in cases such as the present application is carve out a balance between the need for persons who have committed crimes to be prosecuted and made to account for their acts or omissions as by law prescribed and in the public interest while at the same time ensuring that justice is administered in a manner that accords with the same law and indeed respects the public interest in having justice dispensed fairly. This is what is now known in international criminal justice system as the concept of proportionality.

16. The applicant's and the interested party's fundamental rights and freedoms guaranteed by the Constitution have been violated by the State in several respects and on this ground and only on this ground, the court issues prohibitory orders against the State, effectively bringing to an end any current or future criminal proceedings against the applicant and the interested party (Mr. Bii) arising from or in any way connected to the Goldenberg affair or Bosire Report.

17. Both the 1st and the 2nd respondents in their respective conduct of the criminal cases involving the applicant and his co-accused have failed to meet the constitutional thresholds for a fair trial as well as the principle of equality of arms. This, without more, renders further prosecution of the cases unconstitutional.

18. The protection of a person accused of any criminal conduct as afforded by the Constitution of Kenya must be observed. All persons in Kenya whether innocent or guilty are equal before the law. All persons in Kenya are entitled to the protection of the law. Any person charged with any criminal offence must be reassured by the prosecuting authority and the State that their prosecution would be conducted in strict compliance with the Constitution. This court has the jurisdiction and authority without fear or favour to prohibit any conduct that goes against the Constitution, be it by an individual, the State or any other body.

19. The court has found in favour of the independence of the 2nd respondent in relation to the institution, control and termination of prosecution, including plea bargaining, as mandated under article 157 of the Constitution and section 137 of the Criminal Procedure Code. The finding however does not absolve the 2nd respondent from adherence with the Bill of Rights as relates to the rights of an accused person.

20. (Obiter) "The discharge of a judge's constitutional mandate is never easy. It is not meant for the faint-hearted. Any reaction arising from a decision made by a judge should be seen as one of the many vagaries of the calling, as long as the judge's appreciation of the law and facts, his analysis and conclusions and, above all, the judge's conscience, remain sanctified."

Application allowed in terms of prayer 2 and 4. Orders granted do issue to the interested party in so far as they relate to him. Each party to bear their own costs.

 

SELECTED NOTICES FROM THE KENYA GAZETTE

 

Kenya Gazette Vol CXV – No. 65 Dated April 26, 2013

The Criminal Procedure Code - Appointment.
The Competition Act - Proposed Acquisitions.
The Copyright Act - Declaration of Collecting Agencies.
The Registration of Titles Act - Issue of Provisional Certificate.
The Land Registration Act - Issue of Certificate of Lease.
The Registered Land Act - Issue of New Land Title Deeds.
The Land Act - Addenda.
Customs Services Department - Goods to be Sold at Customs Warehouse.
Probate and Administration.
The Energy Act - Proposed Regulations in Respect of Energy (Improved Biomass Cookstoves).
The Central Bank of Kenya - Monetary Policy Statement.
The Kenya Power and Lighting Company Limited - Foreign Exchange Rate Fluctuation Adjustment, etc.
The Sacco Societies Regulatory Authority - Licensed Deposit-taking Saccos.
The Co-operative Societies Act - Appointment of Liquidators.
The Physical Planning Act - Completion of Part Development Plans .
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 Nos. 56, 57, 58, 59 and 60
Legislative Supplement
LEGAL NOTICE NO.
66 - The Money Remittance Regulations, 2013.
67 - The Public Finance Management (Parliamentary Mortgage (Members) Scheme Fund) Regulations, 2013.
68 - The Public Finance Management (Parliamentary Car Loan (Members) Scheme Fund) Regulations, 2013.
69–70 - The Protected Areas Order, 2013.
71 - The Ferries (Vehicle Toll Charges) (Amendment) Rules, 2013.
72 - The Nurses (Accreditation of Training Courses) Regulations, 2013.
73 - The Nurses (Private Practice) Regulations, 2013.

Selected Gazette Notices

GAZETTE NOTICE NO. 5382
THE CRIMINAL PROCEDURE CODE
(Cap. 75)
APPOINTMENT

IN EXERCISE of the powers conferred by section 85 (1) of the Criminal Procedure Code, the Director of Public Prosecutions appoints -

Ann Wanjiru Theuri,
Patricia Wambua,
Sally Jepkorir Kibos,
Joshua Kahindi Yeri,
Willice Omondi Were,
Solomon Kinyanjui Kihiu,
Charity Wairimu Mwangi,
Moses Liliyo Morintat,
Patrick Pureina Lekenit,
Palala S. Muteshi,
Isaaj Elmi,
Moses Nguthi Mburu,
Josey Njoki Mukiri,
 
to be public prosecutors for the purposes of cases arising under the Environmental Management and Co-ordination Act (No. 8 of 1999).

Dated the 5th April, 2013.

KERIAKO TOBIKO,
Director of Public Prosecutions.

GAZETTE NOTICE NO. 5383
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed purchase of shares in Alexander Forbes Healthcare Limited by Zanele Investments Holding Company Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5383
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed purchase of shares in Alexander Forbes Healthcare Limited by Zanele Investments Holding Company Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5384
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Kisii Bottlers Limited, Rift Valley Bottlers Limited and Mount Kenya Bottlers Limited by Almasi Beverages Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5385
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of an indirect interest in the Assets of Strategic Industries Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5386
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition for shares in Cemtech Limited by Rock Field Corporation PTE Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5387
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of I & M Bank Limited by City Trust Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5388
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of shares in Dodhia Packaging Limited by Corpak Africa Limited and Corpark Kenya Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5389
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of East Africa Safari Ventures Limited by Natural Habitat Safaris Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5390
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of (80%) of the issued shares in Nairobi Tented Camp Limited by Porini Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5391
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of 66.66% of the issued share capital of Mercantile Insurance Company Limited by Colina Holdings Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5392
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of the entire issued shares of Economic Housing Limited by Mali Rasili Group Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5393
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Leleshwa Safari Company Limited by Natural Habitat Safaris Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5394
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of 100% of the issued shares in Lyntons Pharmacy Limited by Luwada Managament Services Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5395
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition proposed purchase of 87.25% of the issued share capital of Pacific Seaboard Investments Limited by Tardigrade International Inc.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5396
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition proposed acquisition of Certain Assets and Liabilities of RTT Health Services by Imperial Group (Proprietary) Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5397
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of 100% of the issued shares in Alldean Networks Limited by ISAT Africa Limited FZC and Richard W. Bell.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5398
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Ocean Agriculture (E.A.) Limited by J.H. Verwiel.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

 

GAZETTE NOTICE NO. 5399
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Vittoria Limited and Subscription of shares in Olarro Conservancy Limited by Arabian Ranchers Property Investments Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director

GAZETTE NOTICE NO. 5399
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Vittoria Limited and Subscription of shares in Olarro Conservancy Limited by Arabian Ranchers Property Investments Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5400
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Siret Tea Company Limited by Sireet Outgrowers Empowerment and Produce Company Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5401
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of the entire issued share capital of Swift Global Logistics Limited by DSV Air & Sea Holdings A/S.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5402
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, 2010, the Competition Authority authorizes the proposed acquisition of Aviva Mining (Kenya) Limited by Africa Barrick Gold PLC from Aviva Corporation Limited.

Dated the 22nd February, 2013.

WANG'OMBE KARIUKI,
Director-General.

GAZETTE NOTICE NO. 5403
THE COPYRIGHT ACT
(Cap. 130)
DECLARATION OF A COLLECTING AGENCY

IN EXERCISE of the powers conferred by section 46 (2) of the Copyright Act, the Kenya Copyright Board declares the Reproduction Rights Society of Kenya (KOPIKEN) to be a collecting society for all relevant copyright owners for a period of one year with effect from the 2nd April, 2013.

Dated the 8th April, 2013.

TOM MSHINDI,
Chairman, Kenya Copyright Board.
MARISELLA OUMA,
Executive Director, Kenya Copyright Board.

GAZETTE NOTICE NO. 5404
THE COPYRIGHT ACT
(Cap. 130)
DECLARATION OF A COLLECTING AGENCY

IN EXERCISE of the powers conferred by section 46 (2) of the Copyright Act, the Kenya Copyright Board declares the Performers Rights Society of Kenya to be a collecting society for all relevant copyright owners for a period of one year with effect from the 2nd April, 2013.

Dated the 8th April, 2013.

TOM MSHINDI,
Chairman, Kenya Copyright Board.
MARISELLA OUMA,
Executive Director, Kenya Copyright Board.

GAZETTE NOTICE NO. 5336
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED RUARAKA DIVERSIFIED INVESTMENT LTD –THIKA ROAD MIXED USE DEVELOPMENT PROJECT; ON PLOT LR NO. 21169/34 IN RUARAKA LOCATION, NAIROBI NORTH DISTRICT IN NAIROBI COUNTY

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 (Ruaraka Diversified Investment Limited) intends to develop on a 38 acre plot, a mixed use development comprising of Retail (business and recreational facilities), Residential (one to three bedroom houses),Commercial (office and business facilities), Access roads and associated infrastructure linked around a landscape heart incorporating a cultural event space.

The anticipated environmental 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, Nairobi 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.

Z. O. OUMA,
for Director-General,
National Environment Management Authority.
MR/1966242

GAZETTE NOTICE NO. 5337
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED ELDO-CITY MIXED USE DEVELOPMENT PROJECT, KIPLOMBE/KUINET, ELDORET, UASIN GISHU COUNTY

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 (Eldo City Ltd.) intends to construct 803 residential houses, a primary school, recreational areas, a health center and a club house on Plot L.R. No. Kiplombe/Kuinet Block 10 (Shirika) 187, Eldoret.
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, Uasin Gishu 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.

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/1966242

GAZETTE NOTICE NO. 5338
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED MKOMBOZI PETROL STATION ON PLOT NO. MWEA/TEBERE/B/3136, MWEA TOWN IN KIRINYAGA COUNTY

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 (Nice Supermarket Ltd) intends to construct a petrol service station onPlot No. Mwea/Tebere/B/3136, Mwea Town, Kirinyaga 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, Kirinyaga 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.

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/1966110

GAZETTE NOTICE NO. 5339
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 PETROL STATION ON PLOT NO. 1642, AIMI MA KILUNGU, MUKAA DISTRICT, MAKUENI COUNTY

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 (Josser Family Stores Company Ltd.) intends to construct a petrol station consisting of two underground fuel tanks, service pumps, machine/toilet room block, cafeteria/ shops /office block and a grass lawn area, storm drainage, waste water management system and oil interceptors, entry and exit road-works and associated civil works.
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, Makueni 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.

B. M. LANGWEN,
for Director-General,
2 National Environment Management Authority.
MR/196611

GAZETTE NOTICE NO. 5752
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED POWER GENERATION OF GEOTHERMAL POWER PROJECT, NAKURU COUNTY

PURSUANT to Regulation 21 of the Environmental Management and Coordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed geothermal power project in Nakuru County.

The Proponent (Marine Power Generation Company Ltd) is proposing to construct a geothermal power project in Nakuru 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, Nakuru 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.

Z. O. OUMA,
for Director-General,
National Environment Management Authority
MR/1966303

GAZETTE NOTICE NO. 5753
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED MBITA CAUSEWAY REPLACEMENT BRIDGE & DECOMMISSIONING OF THE EXISTING CAUSEWAY

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 National Highways Authority) intends to construct of Mbita causeway replacement bridge and approach roads of 500M on either side to bitumen standards on road in Homabay 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, Homa Bay 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.

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/1966315

Special Issue Vo. CXV – No. 64 Dated April 19,2013

Gazette Notice No. 5381
THE ELECTIONS ACT
(No. 24 of 2011)
THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013
ELECTION PETITIONS, 2013

IN EXERCISE of the powers conferred by section 75 of the Elections Act and Rule 6 of the Elections (Parliamentary and County Elections) Petition Rules, 2013, the Chief Justice of the Republic of Kenya directs that the election petitions whose details are given hereunder shall be heard in the election courts comprising of the judges and magistrates listed and sitting at the court stations indicated in the schedule set out in the gazette.

Dated the 19th April, 2013.

WILLY MUTUNGA,
Chief Justice.

Gazette Notice No. 5382
THE ELECTIONS ACT
(No. 24 of 2011)
THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013
COUNTY ASSEMBLY ELECTION PETITIONS, 2013

IN EXERCISE of the powers conferred by section 75 of the Elections Act and Rule 6 of the Elections (Parliamentary and County Elections) Petition Rules, 2013, the Chief Justice of the Republic of Kenya directs that the election petitions whose details are given hereunder shall be heard in the election courts comprising of the magistrates listed and sitting at the court stations indicated in the schedule set out in the gazette.

Dated the 19th April, 2013.

WILLY MUTUNGA,
Chief Justice.

National Council for Law Reporting
Milimani Commercial Courts Building,
Ground Floor
P.O Box 10443 - 00100, Nairobi Kenya.
Tel: (254 020) 2712767, 2719231
Fax: (254 020) 2712694