Newsletter on 31/12/2010

KLR WEEKLY e-NEWSLETTER
 

| Issue 141| Newsletter Archive | Friday 31th December 2010 |

 
   
 
 
CASE OF THE WEEK
 

LIABILITY FOR GOODS LOST IS LIMITED TO THE CARRIER’S SPHERE OF CONTROL.
 By Cornelius Wekesa Lupao, Advocate

‘‘It is to be observed that the appellant lost his briefcase and other valuables when he was already outside the aircraft……it would be far fetched to say that the airline would still owe him a duty to have his luggage cared for outside the aircraft when he had already come out of it…. that would be too un-realistic and remote.’’

Thuita Mwangi vs Kenya Airways Limited (www.kenyalaw.org)
Court of Appeal, at Nairobi
O’Kubasu, Keiwua  &  Nyamu, JJ.A.
December 17, 2010.

A carrier’s liability for goods lost while on transit is limited to its sphere of control, the Court of Appeal has held. This was affirmed in a case in which, the appellant, Thuita Mwangi, sued the respondent Kenya Airways Limited, seeking judgment for US$6,700 as special damages, general damages as well as interest and costs of the suit.

The brief facts of the case were that the appellant (the plaintiff in the superior court) purchased an air ticket from the defendant in Nairobi to fly as passenger for reward in the defendant’s aircraft from Nairobi to John F. Kennedy International Airport in New York, U.S.A. Due to other commitments, the plaintiff requested and the defendant agreed to change or vary the date of arrival in the said ticket. The defendant however allegedly without prior notification to the plaintiff unilaterally changed the destination from John F. Kennedy International Airport, New York to Newark International Airport, New Jersey, which is a completely different airport. The appellant contended that when he arrived at the said Newark International Airport in New Jersey, which was a new place to him, and while he was waiting to be connected to his proper destination in New York his luggage was stolen from him and he lost his goods and belongings. He further argued that the said trip was an official Government business of which he had made arrangements with the Kenya Mission to the United Nations to pick him up upon arrival at John F. Kennedy International Airport as per the details in his ticket and if the defendant had not made the said error in his ticket as regards his destination, he would not have lost his belongings or items as aforesaid. He therefore argued that the said loss was occasioned by the defendant’s breach of contract and/or negligence.

As a result, he sought damages to a tune of US$6,700 being special damages, general damages as well as interest and costs of the suit. However, the superior court, while ruling in favour of Kenya Airways stated, among other reasons,  that  the plaintiff did not state his claim within the time stipulated by article 26 (2) of the Warsaw Convention as intended by and amended by the Hague convention, him having reported the matter to the defendant nine months from the date of the loss when he should have done so in 21 days hence the case was time barred. It further held that the claim was incompetent and that the respondent was not liable to compensate the appellant for the loss because the loss occurred outside the respondent’s sphere and control as a carrier. This ruling led to the current appeal in which the appellant faulted the superior Judge’s ruling on grounds that; the Judge erred in law and in fact when he failed to find or hold that the appellant’s case was for breach of contract and/or negligence in the booking of the appellant’s flight; the respondent was not liable to compensate the appellant for the loss because the loss occurred outside the respondent’s sphere and control as a carrier; the respondent had the right to alter the appellant’s destination; the learned Judge erred in law and in fact when he failed to find or hold that the appellant’s loss was a direct or foreseeable consequence of the respondent’s negligence  and that the appellant’s claim was time barred under the provisions of Article 26(2) of the Warsaw Convention.

While dismissing the appeal, the Court of Appeal concurred with the superior court’s position, holding, among other things, thatthe loss of brief case and other valuables could not be attributed to any negligence on the part of the respondent and that even if the respondent had been negligent, the appellant was required to make a written complaint to the respondent within 21days from the date of the alleged loss as per article 26(2) of the Warsaw Convention as applied by Kenya’s Carriage by Air Act, Act No.2 of 1993.

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SELECTED NOTICES FROM THE KENYA GAZETTE

Kenya Gazette Vol. CXII – No.135 Dated December 31,2010

GAZETTE NOTICE NO. 16747
THE LOCAL GOVERNMENT ACT
(Cap. 265)
APPOINTMENT

IT IS notified for general information that the Minister for Local Government appoints the persons whose names are indicated in the first column of the schedule to represent the Government in the respective local authorities in the second column hereof:

SCHEDULE
     Name                                                    Name of Local Authority
Jackson Apenyu Imana                           County Council of Turkana
Niver Vuguza Oluchiri                             Municipal Council of Nakuru
Thiaine Mururu                                       County Council of Nyambene
Florence Njeri Ngeru                               Municipal Council of Thika
Isaac Kirika Mburu                                  Municipal Council of Ruiru
Yusuf Ali Mohammed                             Municipal Council of Lodwar

Dated the 24th December, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 16748
THE LOCAL GOVERNMENT ACT
(Cap. 265)
NOMINATION OF COUNCILLORS

IN EXERCISE of the powers conferred by sections 26 (b) and 39 (c) of the Local Government Act, the Deputy Prime Minister and Minister for Local Government nominates the persons whose names are indicated in the schedule to be councillors for the respective local authorities indicated hereof:

SCHEDULE
Name                                                  Name of Local Authority
Joseph Kotonya Akech                       City Council of Nairobi
Gladys Tatu Nkozto                            County Council of Kwale
Mbito Mongo Mbito                              County Council of Kwale
Mary Chepkemoi Mosonik                   County Council of Bomet
Sarah Areman                                    County Council of Laikipia
Maisulia Moloi                                     County Council of Laikipia

Dated the 24th December, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 16749
THE LOCAL GOVERNMENT ACT
(Cap. 265)
REVOCATION OF APPOINTMENT

IT IS notified for general information that the Minister for Local Government revokes the persons whose names are indicated in the first column of the schedule to represent the Government in the respective local authorities in the second column hereof:

SCHEDULE
Name                                                                            Name of Local Authority
Joseph Ekale Lomilio                                                    County Council of Turkana
Agnes Wanjiku Muriuki                                                   Municipal Council of Nakuru
John Thuranira Muguna                                                County Council of Nyambene
Wilson Njau Huruko                                                      Municipal Council of Thika
Irene Munjiru Ngunjiri                                                    Municipal Council of Ruiru

Dated the 24th December, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 16750
THE LOCAL GOVERNMENT ACT
(Cap. 265)
REVOCATION OF NOMINATION OF COUNCILLORS

IN EXERCISE of the powers conferred by sections 40 (1) and 27 (2) of the Local Government Act, the Deputy Prime Minister and Minister for Local Government revokes the nomination of persons whose names are indicated in the schedule as councillors for respective Local Authorities hereof:

SCHEDULE
Name                                                                                  Name of Local Authority
Edward Kavoko                                                                  County Council of Kwale
Paul Ngobia                                                                       County Council of Laikipia
Joachim Maragia                                                               County Council of Laikipia

Dated the 24th December, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 16751
THE PERSONS WITH DISABILITIES ACT
(No. 14 of 2003)
THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children and Social Development appoints—

CATHERINE MUTHONI KIHARA

to be a member of the National Council for Persons with Disabilities for a period of two (2) years, with effect from 1st November, 2010.

Dated the 14th December, 2010.

NAOMI SHABAN,
Minister for Gender, Children and Social Development.

GAZETTE NOTICE NO. 16752
THE PERSONS WITH DISABILITIES ACT
(No. 14 of 2003)
THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children and Social Development appoints—

Joseph M. Shiroko,
John S. Halake,
Florence Pakata,
David ole Sankok,
Simon J. Ndubai,
Rukia Ahmed,
Charles O. Anyango,
Geofrey M. Wathigo,
Josephat O. Mukobe,
Grace Masese (Mrs.),
Mbarak S. Twahir,
Titus M. Kilika,
Jayne Asuma,
Josephine Sinyo,
Cicilia Mbaka,

to be members of the National Council for Persons with Disabilities for a period of three (3) years, with effect from 1st November, 2010.

Dated the 14th December, 2010.

NAOMI SHABAN,
Minister for Gender, Children and Social Development.


GAZETTE NOTICE NO. 16753
THE HOTELS AND RESTAURANTS ACT
(Cap. 494)
THE TRUSTEES (TRAINING, TESTING OF SKILLS,
STANDARDIZATION AND REGISTRATION) REGULATIONS
(L.N. 68 of 2002)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 of the Trustees (Training, Testing of Skills, Standardization and Registration) Regulations, 2002, the Minister for Tourism appoints—

Allan Chenane—(Chairman, CTDLT),
Anne Musau—Ministry of Tourism,
Fredrick Omondi—Kenya National Examination Council,
Mercy Karogu (Ms.)—Kenya Institute of Education,
Patrick Mulindi—United States International University,
Fred Kaigwa—Kenya Association of Tours Operators,
Bob Washitemi (Prof.)—Moi University,

to be members of the Academic Committee for a period of three (3) years, with effect from 7th September, 2010.

Dated the 7th September, 2010.

N. M. BALALA,
Minister for Tourism.


GAZETTE NOTICE NO. 16754
THE CONSTITUTION OF KENYA
THE CRIMINAL PROCEDURE CODE
(Cap. 75)
APPOINTMENT

IN EXERCISE of the powers conferred by section 85 of the Criminal Procedure Code as read with section 31 (5) of the Sixth Schedule to the Constitution of Kenya (Transitional and Consequential Provisions) and pursuant to section 43 (1) of Copyright Act, 2001, the Attorney-General appoints—

GEORGE NABINA MBAYA

to be a public prosecutor for the purposes of all cases arising under the Copyright Act, 2001.

Dated the 27th December, 2010.

S. A. WAKO,
Attorney-General.


GAZETTE NOTICE NO. 16755
THE CHILDREN ACT
(No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chief Justice appoints—

HEZRON NYABERI MOIBI
Senior Resident magistrate at Mwingi Law Courts to preside over cases involving children in respect of Eastern Province, with effect from 1st January, 2011.

Dated the 20th December, 2010.

J. E. GICHERU,
Chief Justice.


GAZETTE NOTICE NO. 16728
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED TOWN HOUSES, MAIN HOUSE AND
SHOPPING MALL, KAREN SHOPPING CENTRE NAIROBI
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA), has received an environmental impact assessment study report for the implementation of the proposed
town houses, main house and shopping mall.

The proposed project comprises of construction of 11 town houses, a main house and a shopping mall. Each town house will comprise of a balcony, 2 bedrooms and a family room on the first floor. On the ground floor is the lounge, dining, kitchen, store, guest
room and a car port. The shopping mall shall constitute of:

  •  Basement parking and open parking.
  •  Ground floor-lettable space, fountain and service yard.
  •  Mezzanine floor-Lettable shopping area.
  •  1st Floor-Lettale shopping area.

 

The project site falls within Karengata Area of Nairobi. The land reference number is 9548/1 (original No. part of 1159/69 and approximately measures 3.26 acres. The project site is located along Ngong-Karen Road about 100m from Karen shopping centre.

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.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Nairobi Province.
(d) District Environment Officer, Westlands and Langata Districts.

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.

WILKISTER MAGANGI,
for Director-General,
National Environment Management Authority.

GAZETTE NOTICE NO. 16932
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED PETROL SERVICE STATION ON L.R.NO.
KAJIADO/KAPUTIEI NORTH/22606, ISINYA TOWNSHIP,
KAJIADO DISTRICT
INVITATION FOR PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) regulations, the National Environmental Management Authority (NEMA), has received an environmental impact assessment study report for the implementation of the proposed petrol service station.

The project will consist of a retail outlet for petroleum products which has the following salient features, structural steel canopy,concrete driveway to provide access into and from the petrol station, a service bay, service yard and a tire centre for vehicles’ maintenance, a shop for spare parts, 4 no. of toilet-rooms for men and ladies, a parking
for six vehicles, store, septic tank, an interceptor tank, underground storage tanks as follows: for diesel-30,000 liters, super petrol-20,000 liters, unleaded regular -20,000 liters and kerosine-10,000 liters, 4 no.of fuel-dispensing pumps.

The project is situated in Isinya Township along Nairobi–Namanga Road on a 0.15ha piece of land. It is within the jurisdiction of Kajiado County Council on L.R. No. Kajiado/Kaputiei–North/22606.

The  anticipated impacts and proposed mitigation are set out in the gazette

 

The full report of the proposed project is available for inspection during working hours at:
(a) Director-General, National Environment Management Authority, Popo Road, off Mombasa Road, P.O. Box 67839– 00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521,Nairobi.
(c) Provincial Director of Environment, Nairobi Province.
(d) District Environment Officer, Kajiado District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

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


GAZETTE NOTICE NO. 16933
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED DOG KENNELS, OFFICE FACILITIES
AND VEHICLE WORKSHOP ON L.R NO. 27/332 & 27/335,
NORTH MUTHAIGA, OFF KIAMBU ROAD
INVITATION FOR PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) regulations, the National Environmental Management Authority (NEMA), has received an environmental impact assessment study report for the implementation of the proposed dog kennels, office facilities and vehicle workshop.

The proposed project comprises of construction of a dog hold yard, a vehicle workshop and security guards training facility. The development will be of single floor permanent buildings comprisingof:

  • 114 dog kennels, 5 puppy kennels, overhead tank, guard house,3 training rooms, toilets, 2 offices, soak pit/ eeptic tank, kitchenand washing yard, spares store, 10 parking bays.

 

The project is located in North Muthaiga, off Kiambu Road,opposite Wonderjoy Gardens about 1.5 km from Kiambu Road. The proposed development plot is on L.R No. 27/ 332 and 335 and measures about 4470 square metres.

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, National Environment Management Authority, Popo Road, off Mombasa Road, P.O. Box 67839– 00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521,Nairobi.
(c) Provincial Director of Environment, Nairobi Province.
(d) District Environment Officer, Westlands and Langata.

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.

WILKISTER MAGANGI,
for Director-General,
National Environment Management Authority.


GAZETTE NOTICE NO. 16934
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
STRATEGIC ENVIRONMENTAL ASSESSMENT REPORT
FOR THE ECONOMIC STIMULUS PROGRAMME (ESP)
“REFORESTATION, SUSTAINABLE DEVELOPMENT AND
CARBON SEQUESTRATION PROJECT IN KENYAN
DEGRADED LANDS”
INVITATION OF PUBLIC COMMENTS

Proposed Carbon Project Components

The proponent proposes to expand the restoration of degraded lands by exploiting the following options

  • Tree planting by 4,200 primary schools to fast track reforestation initiative;
  •  Improvement of market centres in rehabilitating 210 “jua kali”sheds and 200 hospitals through a beautification initiative of landscaping by plating grass, flowers and trees;
  •  Minimize soil erosion around 200 fish ponds and promote effective use of water in irrigation for improved agriculture productivity in Bura, Hola, Pekera, Tana Delta, Kibwezi,Ahero, West Kano, Bunyala, Mwea and South West Kano;

 

Alternative Options

The reforestation of degraded lands option shall study the reforestation technological and land use inputs for the proposed expansion of restoration of the ecosystem that shall facilitate, meet current and future forestry service demands for Kenya. The proponent with the advice of the lead expert has settled on the carbon sequestration of ecosystem restoration for the economic stimulus programme as it was considered to be economical in term of resources and the technological input. The fish ponds will consist of excavations,breaking soil, dumping soil and treading on biodiversity. The potential
environmental impact of the fish ponds will be released of stored carbon dioxide (CO2) gas a greenhouse gas from below the ground.

The strategic environmental assessment considered the following alternatives carefully.

If there is no project:

The people living in the Kenya rural areas are amongst the poorest in the country with 62% of the people living below the poverty line thus making the rural area the most poverty stricken f the country.

Implementation of sound projects such as the Economic Stimulus Programme that provide clear measurably benefits to the poor communities, opportunities for knowledge exchange and capacity building and natural resource management skills would have a
significant impact on the livelihoods and quality of life to the communities involved in this project. Livelihoods are unlikely to occur without Economic Stimulus Programme (ESP).
The ESP was initially conceived as an economic project with sustainable livelihoods as its core focus. However, it was redesigned as a carbon project with a focus on environmental management,protection, conservation and development within the framework of enhancing carbon sequestration, reducing poverty in the poor areas
through the promotion of income generating activities, training communities to access technology for forest production, markets and carbon financing.

The alternative of designing environmental project was considered and rejected in view of the extreme poverty and social issues in poor communities. Other alternatives discussed included (a) having a larger number of components, (b) a rural village enterprise managed by Community Development Fund (CDF) or all of its partners. The
alternative selected reduced the complexity of the project. The Arid Lands Resources Management Project that has been tried and tested as being successful in the delivery of resources to communities was selected. The lessons learnt will assist with the carbon project aimed at reforestation, sustainable development in Kenyan degraded lands.
The ESP is in line with the priorities of Vision 2030 and National Climate Change Response Strategy. On its own, the Government of Kenya would not be able to meet the targets of this vision thereby the input of development partners and approach to mobilizing resources from carbon markets among other development partners like the
World Bank, African Development Bank, French Development Agency, Swedish Development Co-operation would provide a higher probability of achieving the goals of the vision for the rural areas. The focus on environmental impacts and the mitigation measures that are inbuilt in ESP provide strong linkages between environmental integrity and the reduction of poverty in rural areas. The ESP support would provide for greater monitoring, supervision and evaluation for proposed development activities.
No environmental governance component: The original project was conceived without a focus on environmental governance issues of the Kenyan rural areas. Lack of environmental governance would have meant that the project activities would ignore compliance to requirements of sustainable use in relevant legislation and in particular
environmental guidelines, procedures, practices safeguards, rules and regulations.

Analysis of alternative construction material and technology:

4,200 primary schools are involved in the tree planting initiative. Most of the planting will be done in degraded lands within and or around schools. Some schools for example Funyula, Naivasha and Ahero have taken the tree planting initiative with excitement and doing much more with their own internal resources to sustain the process.

Other project sites with tree planting, landscaping, beautification include; hospitals, market centres and around fish ponds. However,inadequate seedlings impact tree planting and not easy to obtain indigenous species.
Affected parties consulted

Athi-River Primary School, DEO, DFO; Naivasha and Laikipia Primary schools, DEO, DFO; Ahero and Bondo Primary schools,DEO, DFO; Nambale and Funyula Primary schools; DEO, DFO,Fisheries Local Government; Kitui and Mwingi Primary schools,
DEO, DFO; Garissa Primary School, DEO, DFO; Nyeri and Murang’a Primary schools, DEO, DFO; Kwale and Kilifi Primary schools, DEO,DFO.

Affected areas:

(a) Existing Indigenous Forest- Expansion and rehabilitation of market centres with jua kali sheds, hospital facilities and centres of higher learning may lead to clearing of some the existing indigenous forest affecting the rich biodiversity.
(b) Rivers and wetlands_
(i) construction of fish ponds along the lake shores or river banks may affect the wetland areas through pollution that may contaminate water and make it unsafe for domestic
use.
(ii) Encroachment in the wetland supporting the river is foreseen, then the wetlands will be drained and the lake shores and river banks end affected that may result into
deteriorationof the ecosystem.

Anticipated 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) Director-General, the National Environment Management Authority (NEMA), Popo Road, off Mombasa Road, P.O. Box67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Community, P.O. Box 30521, Nairobi.
(c) Provincial Environment Committee, c/o Provincial Director of Environment, Nairobi Province.
(d) Provincial Environment Committee, c/o Provincial Director of Environment, Central Province.
(e) Provincial Environment Committee, c/o Provincial Director of Environment, Eastern Province.
(f) Provincial Environment Committee, c/o Provincial Director of Environment, North Eastern Province.
(g) Provincial Environment Committee, c/o Provincial Director of Environment, Rift Valley Province.
(h) Provincial Environment Committee, c/o Provincial Director of Environment, Western Province.
(i) Provincial Environment Committee, c/o Provincial Director of Environment, Coast Province.
(j) Provincial Environment Committee, c/o Provincial Director of Environment, Nyanza Province.
The National Environment Management Authority invites members of the public to submit oral or written comments within sixty (60) 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.

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

SUPPLEMENT Nos. 92, 93 and 94
Bills, 2010
The Limited Liability Partnership Bill, 2010.
The Partrnership Bill, 2010
The Insolvency Bill, 2010

SUPPLEMENT No. 95
Legislative Supplement
LEGAL NOTICE NO.
207—The Wildlife (Conservation and
Management) (National Parks) Regulations, 2010
208—The Sacco Societies Deposit Levy Order,2010

SUPPLEMENT No. 96
Acts, 2010
The Finance Act, 2010

SUPPLEMENT No. 97
Legislative Supplement
LEGAL NOTICE NO.
209—The Transport Licensing (Amendment) Regulations, 2010

210—The Traffic Act—Exemption.
211–213—The Registered Land (Application) (Nos.29–31) Orders, 2010
214—The Forests Act—Declaration of a Provisional Forest


Kenya Gazette Special Issue Vol.CXII – No.136 Dated December 31,2010

GAZETTE NOTICE NO. 16952
THE CONSTITUTION OF KENYA
THE NATIONAL ACCORD AND RECONCILIATION ACT, 2008
(No. 4 of 2008)
COMMISSION FOR THE IMPLEMENTATION OF THE
CONSTITUTION
APPOINTMENT

IN EXERCISE of the powers conferred by Article 250 (2) (c) as read with section 5 and 29 (2) of the Sixth Schedule of the Constitution, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces appoint—

CHARLES NYACHAE

to be Chairperson of the Commission for the Implementation of the Constitution , with effect from 30th December, 2010.

Dated the 30th December, 2010.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 16953
THE CONSTITUTION OF KENYA
THE NATIONAL ACCORD AND RECONCILIATION ACT, 2008
(No. 4 of 2008)
COMMISSION FOR THE IMPLEMENTATION OF THE
CONSTITUTION
APPOINTMENT

IN EXERCISE of the powers conferred by Article 250 (2) (c) as read with section 5 and 29 (2) of the Sixth Schedule of the Constitution, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces appoint—

Peter Wanyande
Ibrahim M. Ali
Elizabeth Muli
Florence Omosa
Catherine Mumma
Kamotho Waiganjo
Philemon Mwaisaka
Kibaya Imaana Laibuta

to be Members of the Commission for the Implementation of the Constitution ,with effect from 30th December, 2010.

Dated the 30th December, 2010.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 16954
THE CONSTITUTION OF KENYA
THE NATIONAL ACCORD AND RECONCILIATION ACT, 2008
(No. 4 of 2008)
COMMISSION ON REVENUE ALLOCATION
APPOINTMENT

IN EXERCISE of the powers conferred by Article 250 (2) (c) as read with Article 215 (2) and section 29 (2) of the Sixth Schedule of the Constitution, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces appoint—

MICAH CHESEREM

to be Chairperson of the Commission on Revenue Allocation, with effect from 30th December, 2010.

Dated the 30th December, 2010.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 16955
THE CONSTITUTION OF KENYA
THE NATIONAL ACCORD AND RECONCILIATION ACT, 2008
(No. 4 of 2008)
COMMISSION ON REVENUE ALLOCATION
APPOINTMENT

IN EXERCISE of the powers conferred by Article 250 (2) (c) as read with Article 215 (2) and section 29 (2) of the Sixth Schedule of the Constitution, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces appoint—

Raphael Munavu,
J. H. Kimura,
Wafula S. Masai,
Meshack Onyango,
Rose Bosibori Osoro,
Fatuma Abdulkadir,
Amina Ahmed,
to be Members of the Commission on Revenue Allocation, with effect from 30th December, 2010.

Dated the 30th December, 2010.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 16956
THE CONSTITUTION OF KENYA
THE NATIONAL ACCORD AND RECONCILIATION ACT, 2008
(No. 4 of 2008)
THE JUDICIAL SERVICE COMMISSION
APPOINTMENT

IN EXERCISE of the powers conferred by Article 250 (2) (c) as read with Article 171 and section 29 (2) of the Sixth Schedule of the Constitution, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces appoint—

Riaga S. C. Omolo,
Titus J. K. Gateere,
Anthony Muheria,
Christine Kevin Abungu Mango,
Florence Muoti Mwangangi,
Ahmednassir Abdullahi,

to be Members of the Judicial Service Commission for a period of five (5) years.

Dated the 30th December, 2010.

MWAI KIBAKI,
President.

.

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