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Tuesday 26th February

Issue 8/2013

CASE OF THE WEEK

Rights of a Juvenile Offender Who Is Of Unsound Mind

R v J W K
Criminal Case No. 57 of 2009

High Court of Kenya at Bungoma
F. Gikonyo, J
12th February, 2013
Compiled by Dorcas Onam Mac’Andere & Emma Kinya M.

Issues

  1. Which was the appropriate legal process to undertake in dealing with a juvenile offender who suffered a disease of the mind and therefore incapable of pleading, understanding proceedings or making his defence?

  2. What was the distinguishing factor for the court in dealing with persons of unsound mind under section 162 and 167 of the Criminal Procedure Code (CPC). Which was the applicable section in the circumstances?

  3. In light of section 53 of the CPC, what was the best legal process to adopt in cases where the disease of the mind of the juvenile offender was developmental in nature and has no prospects of subsiding?

  4. What does the Constitution provide as being the best course to take particularly where the offender so suffering is a minor?

Criminal Practice and procedure – unsound mind – juvenile offender – where the offender suffered a disease of the mind – consideration by the court on the fitness of the offender to take plea – determination of whether the offender understands the nature of the plea or proceedings – where the offender is incapable of making his defence – distinction between procedures under section 162 and 167 of the Criminal Procedure Code - whether the offender is fit to stand trial – what would be the appropriate procedure to adopt in the circumstances – section 53, 162 and 167 of the Civil Procedure Code.

Constitutional Law - Rights of a child – rights of a child of unsound mind - where the juvenile offender suffered a disease of the mind which was developmental in nature – duty of court to consider the best interests of the child in the circumstances – whether detaining the offender would have been appropriate in the circumstances.

Section 53 Criminal Procedure Code
(1) Every child has the right – (f) not to be detained, except as a measure of last resort,…..........
(2)A child's best interest is of paramount importance in every matter concerning the child.

Held:

  1. The fact that the offender was a minor made it imperative on the court to consider and be guided by the best interest of the minor. The rights of the child calls the Constitution into play, particularly Article 53 and other implementing statutes to wit, the Children Act and the International instruments on the rights of the child.

  2. The court will keep the requirement of the right of every child not to be detained at the back of its mind and will accord it due significance when making the final decision.

  3. When a court is informed of the unsound mental condition of an offender, it should carry out an inquiry under section 162(1) of the Criminal Procedure Code to establish whether the offender is of unsound mind and consequently incapable of pleading, understanding the proceedings and making his defence. This is done by calling for thorough medical examination of the offender.

  4. Where in a criminal proceeding the question of unsoundness of mind of the offender is in issue, the applicable law is section 162 of the CPC, and section 167 of CPC will not therefore apply. But in both sections, it is the prosecution to begin and prove fitness of the offender to stand trial.

  5. The application of the procedure provided in section 167 and section 162 of the CPC should be dictated by the different situations that obtain in every case. The procedure provided in those sections should enable the court to apply its mind properly in this case where it has found that the juvenile offender was suffering from a mental condition that makes him incapable of making his defence. It is only in very clear cases where unsoundness of the mind is not an issue, that the court should feel constrained to strictly apply section 167.

  6. For section 167 of CPC to apply, the prosecution must prove that the juvenile offender was sane only that he did not understand the proceedings. However, the prosecution found the offender incapable of making his defence.

  7. In all cases where one is suffering from a disease of the mind, the proper approach was to look at the overall effect of the incapacitation by the disease of the mind to see if it rendered the person incapable of understanding the charge, and to make his defence.

  8. The essence of Section 7 of the Sixth Schedule of the Constitution, 2010, is that courts should interpret and apply provisions of existing law such as the CPC deliberately by reading in necessary qualifications, modifications or alterations as to give effect to the objects, purposes and values of the Constitution.

  9. The duty of the court was to reconcile the statutes with the Constitution and Bill of Rights, and avoid setting the Constitution against the legislature or international treaties that are relevant to the subject matter of the case. This is an approach that is permitted by the Constitution itself and a practice that has gained approval in almost all jurisdictions.

  10. According to section 162 of the CPC, the trial should have been suspended, and perhaps indefinitely commit the juvenile offender to the care of a person who will be able to prevent the juvenile offender from harming self or somebody else and for his attendance in court. However, it was apparent from the medical evidence offered that the condition he was suffering from(Moderate Mental retardation) was unlikely to improve in the future and it would therefore be against the Constitution and a violation of the rights of a child to keep the proceedings of the juvenile offender ad infinitum.

  11. The current scientific and medical knowledge is and will certainly be advanced, but none offers evidence of any prospects that the condition the juvenile offender is suffering from will be reversed or become better. Thus in the absence of such evidence it would be inappropriate to give any hope that the trial may resume in the future.

  12. To place a person suffering from such a condition, and more so a juvenile, under a cloud of criminal proceedings ad infinitum would be a great prejudice to known human qualities, the right to fair trial and rights of a child, and largely, it would be a disparage of the Constitution. In the absence of such medical and scientific hope of the condition becoming better, suspending the trial is not the appropriate path.

  13. The provisions of Article 53 and 159 of the Constitution weigh heavily in this case, and the appropriate path would be to discharge the juvenile offender, who is in need of care, and should be committed to a person or institution to take care of him, prevent him from injuring self or somebody else.

  14. It is in the best interest of the juvenile offender for the court to have the advantage of a report from the office of the Probation Officer and Children Officer which will assist the court to identify a proper person or institution to carry out the exercise. The decision is informed by the interest of the juvenile offender as guaranteed under the Constitution and the circumstances of the case.

The probation officer and or children officer to submit reports in 14 days.

SELECTED NOTICES FROM THE KENYA GAZETTE

Kenya Gazette Vol CXV – No 28 Dated February 22, 2013

The Prisons Act - Declaration of Prison.
The Kenya Information and Communications Act - Appointments.
The State Corporations Act–Appointments.
The Kenya Institute for Public Policy Research and Analysis (KIPPRA) - Appointments.
Ministry of State for Planning, National Development and Vision 2030 - South-South Centre - Appointment, etc .
The Water Act - Appointment..
The Universities Act - Appointments.
The National Youth Council Act - Appointment.
The Micro and Small Enterprises Act - Appointment.
The Legal Education Act - Appointment.
The Registration of Titles Act - Issue of Provisional Certificates, etc.
The Registered Land Act - Issue of New Land Title Deeds, etc.
Customs Services Department - Goods to be Sold at Customs Warehouse.
The Kenya Power and Lighting Company Limited - Foreign Exchange Rate Fluctuation Adjustment, etc.
Probate and Administration.
The Physical Planning Act - Completion of Part Development Plans .
The Environmental Management and Co-ordination Act– Environmental Impact Assessment Study Reports.
Court Order.
The Local Government Notice.
Loss of Policies.
Change of Names.

SUPPLEMENT Nos. 20, 21, 22, 23, 24, 32 and 35
Legislative Supplement.

LEGAL NOTICE NO.
17 - The Nurses (Nursing Commodities) Regulations, 2012.
18–19 - The Public Finance Management (Parliamentary Mortgage (Staff) Scheme Fund) Regulations, 2013, etc.
20 - The Labour Institutions (Building and Construction Industry) (Wages) Order, 2012.
21 - The Stamp Duty Act - Exemption.
22–43 - The Forests Act - Declaration of Forests.
44 - The Elections (Parliamentary and County Elections) Petition Rules, 2013.
45 - The Transition to Devolved Government (Transfer of Assets and Liabilities)
Regulations, 2013.

SUPPLEMENT Nos. 26, 27, 28, 29, 30, 31, 32 and 34
Act, 2013

The Basic Education Act, 2013.
The Public Private Partnerships Act, 2013.
The Crops Act, 2013.
The Kenya Agricultural and Livestock Research Act, 2013.
The Public Benefits Organizations Act, 2013.
The Kenya Law Reform Commission Act, 2013.
The Kenya Medical Supplies Authority Act, 2013.
The Civil Aviation Act, 2013.

GAZETTE NOTICE NO. 2226
THE PRISONS ACT
(Cap. 90)
DECLARATION OF PRISON

IN EXERCISE of the powers conferred by section 24 of the Prisons Act, the Vice-President and Minister for Home Affairs, declares that for the purpose of the Act, the area described in the schedule shall be a prison.

SCHEDULE
KENDEGE PRISON

An area of land measuring approximately 30 acres situated within Kehancha Municipal Council, Migori County, the boundaries of which are fenced and particularly delineated on the Title Number Nyabasi/Bomerani/545.

Dated the 7th February, 2013.

S. K. MUSYOKA,
Vice-President and Minister for Home Affairs.

GAZETTE NOTICE NO. 2227
THE KENYA INFORMATION AND COMMUNICATIONS ACT
(Cap. 411A)
APPOINTMENT

IN EXERCISE of the powers conferred by section 102 (2) of the Kenya Information and Communications Act, the Minister for Information and Communications appoints -

AHMED ADAN

to be the Chairperson of the Communications Appeals Tribunal, for a period of three (3) years, with effect from the 1st February, 2013. The appointment of Fatuma Sichale*, is revoked.

Dated the 10th February, 2013.

SAMUEL POGHISIO,
Minister for Information and Communications.
*G. N. 11816

GAZETTE NOTICE NO. 2228
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA FILM COMMISSION ORDER, 2005
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 (2) (e) of the Kenya Film Commission Order, 2005, the Minister for Information and Communications appoints:

Under (i) -
Njoki Muhoho;
Under (ii) -
Julius Lameon;

to be members of the Board of Kenya Film Commission, for a period of three (3) years, with effect from the 8th February, 2013. The appointment* of Frank Miururi and Eston Njeru Munyi, is revoked.

Dated the 10th February, 2013.

SAMUEL POGHISIO,
Minister for Information and Communications.
*G. N. 214/2013.

GAZETTE NOTICE NO. 2229
THE KENYA INFORMATION AND COMMUNICATIONS ACT
(Cap. 441A)
APPOINTMENT

IN EXERCISE of the powers conferred by section 102A (2) of the Kenya Information and Communications Act, the Minister for Information and Communications appoints:

Under paragraph (a) -
Francis Limo C. Kollum - (Chairman);
Under paragraph (b) -
Joseph arap Bett,
Joseph S. W. Watakah (Eng.),
Rosemary Mwihaki Kilonzo,
Rukia Sheikh Ahmed,
Sammy Buruchara,

to be members of the Universal Service Advisory Council, for a period of three (3) years, with immediate effect. The earlier appointment is revoked.

Dated the 10th February, 2013.

SAMUEL POGHISIO,
Minister for Information and Communications.
*G. N. 17051/2012

GAZETTE NOTICE NO. 2230
THE STATE CORPORATIONS ACT
(Cap. 446)
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister of State for Development of Northern Kenya and Other Arid Lands appoints -

JAMES ODUOR OKOTH

to be Chief Executive Officer of the National Drought Management Authority, for a period of four (4) years.

Dated the 14th February, 2013.

MOHAMED ELMI,
Minister of State for Development of
Northern Kenya and Other Arid Lands.

GAZETTE NOTICE NO. 2231
THE KENYA INSTITUTE FOR PUBLIC POLICY RESEARCH
AND ANALYSIS (KIPPRA)
(No. 15 of 2006)
APPOINTMENT

IN EXERCISE of the powers conferred by Kenya Institute for Public Policy Research and Analysis (KIPRA) Act, 2006, Section 7 (1) (a), (b), (c) and (e), the Minister of State for Planning, National Development and Vision 2030 appoints:
Under Section 7 (1) (e) (i) -

Ogla Karani, Representing Special Interest Groups;
Pheobe Atieno Nyagudi, Representing Special Interest Groups;

Under Section 7 (1) (e) (ii) -
Francis Mwega (Prof.), Representing Universities,
Nicholas K. Letting (Dr.), Representing Universities,
Tabman Bosley Wallaba, Representing Business Sector,
Violet Kituri (Mrs.), Representing Business Sector
Isabella Njeri Towey (Dr.), Representing Business Sector,
Willis A. Oluoch Kosura (Prof.), Representing Research Institutes,
Hassan G. Roba (Dr.), Representing Research Institutes,

Under Section 7 (1) (a) -
Permanent Secretary, Ministry of Finance;

Under Section 7 (1) (b) -
Permanent Secretary, Ministry of State for Planning, National
Development and Vision 2030;
Under Section 7 (1) (c) -

Permanent Secretary, Ministry of Trade;

to be Board Members of Kenya Institute for Public Policy Research and Analysis (KIPPRA) for a period of three (3) years with effect 1st February 2013.

Dated the 12th February, 2013.

W. A. OPARANYA,
Minister of State for Planning,
National Development and Vision 2030.

GAZETTE NOTICE NO. 2232
THE KENYA INSTITUTE FOR PUBLIC POLICY RESEARCH
AND ANALYSIS (KIPPRA)
(No. 15 of 2006)
APPOINTMENT

IT IS notified for general information that Pursuant to the KIPPRA Act, 2006, section 7 (1)(d) the Minister of State for Planning, National Development and Vision 2030, has appointed -

JOHN M. OMITI (DR.)

as the Executive Director of Kenya Institute for Public Policy Research and Analysis (KIPPRA) for a period of five (5) years with effect 12th February, 2013.

Dated the 12th February, 2013.

W. A. OPARANYA,
Minister of State for Planning,
National Development and Vision 2030.

GAZETTE NOTICE NO. 2233
OFFICE OF THE PRIME MINISTER
MINISTRY OF STATE FOR PLANNING, NATIONAL
DEVELOPMENT AND VISION 2030
SOUTH–SOUTH CENTRE
APPOINTMENT

IN EXERCISE of powers conferred by section 5 (3) of the Legal Notice, No. 120 of 12th October 2012, the Minister of State for Planning, National Development and Vision 2030 appoints -
Amb. Mary Odinga,
Kennedy Monchere Nyaundi,
Zohra Ahmed Baraka,
Amb. Marx Kahende,
Kevit Desai,

to be members of Board of South-South Centre, for a period of three years (3), with effect 7th January, 2013.

Dated the 12th February, 2013.

W. A. OPARANYA,
Minister of State for Planning,
National Development and Vision 2030.

GAZETTE NOTICE NO. 2234
OFFICE OF THE PRIME MINISTER
MINISTRY OF STATE FOR PLANNING, NATIONAL
DEVELOPMENT AND VISION 2030
THE AFRICAN PEER REVIEW MECHANISM NATIONAL
GOVERNING COUNCIL (APRM-NGC)
ESTABLISHMENT OF A COUNCIL

IT IS notified for general information that the Minister for State for Planning, National Development and Vision 2030, has re-constituted and established a Council to be known as the African Peer Review Mechanism National Governing Council (herein referred to as the Council):

The Council shall comprise of 11 members as follows:
1. Focal Point Minister in charge of NEPAD/APRM in line with AU APRM procedures.
2. Permanent Secretary, Ministry of State for Planning, National Development and Vision 2030 (Parent Ministry responsible for Policy on APRM and NEPAD matters).
3. Permanent Secretary, Ministry of Justice and Constitutional Affairs (Lead Ministry responsible for governance issues).
4. Permanent Secretary, Ministry of Finance (Ministry responsible for oversight of financial resources, economic stimulus programmes and overall governance compliance).
5. Principal Administrative Secretary, Office of the President (Presidency and Cabinet Affairs office).
6. Lazarus Sumbeiywo.
7. Sheila Ngatia.
8. Tia Galgalo (Ms.).
9. Stephen Kiptoem Mairori.
10. Dennis Mutuku.
11. Concepta Nekesa W. Sitati.

Tenure of the Council:
Members of the Council shall hold office for a period of three years, commencing from the date of issue of this Gazette Notice.

The function of the Council shall be to:
(a) Provide leadership, guidance and direction to Kenya’s APRM, including creating awareness and sensitization of the Kenyan public;
(b) Sustaining the integrity of the APRM process, keeping it transparent, inclusive and accountable to the citizens of Kenya;
(c) Review APRM progress reports generated by the Technical Research Institutions and provide recommendations on such reports;
(d) Ensure successful harmonization of the technical and thematic reports into single national APRM review/progress reports that reflect the views of Kenyans;
(e) Transmit the APRM review/progress reports to the APR Panel of Eminent Persons, the Head of State and the Prime Minister, and any other relevant national and African Union organs as specified by the African Peer Review Mechanism rules; Monitor and report on the progress in the implementation of
the APRM national programme of action by the Government, the private sector, the civil society and development partners;
(g) Monitor and evaluate the progress on the implementation of the national reform agenda, particularly the issues agreed upon under Agenda 4 of the Kenya National Dialogue and Reconciliation Committee and the Political Pillar of Vision 2030 among others for inclusion in the APRM reporting systems.

In the performance of its functions, the Council -
(i) Shall hold quarterly meetings and such additional meetings in such places and at such times as the Council shall consider necessary for the proper discharge of its functions;
(ii) May carry out or cause to be carried out such studies or research as may inform the activities of the APRM in Kenya;
(iii) Subject to the foregoing, the Council shall have all the powers necessary or expedient for the proper execution of its mandate, including the power to regulate its procedure.

The Secretariat of the Council:
The secretariat of the Council shall be based at the NEPAD Kenya secretariat offices, Ministry of Planning, National Development and Vision 2030 and shall be charged with:
(a) Providing appropriate background briefing to the Council.
(b) Preparing Council reports and disseminating any information deemed relevant to the Council.
(c) Performing any other functions incidental to the foregoing.

Dated the 12th February, 2013.

W. A. OPARANYA,
Minister of State for Planning,
National Development and Vision 2030.

GAZETTE NOTICE NO. 2235
THE WATER ACT
(No. 8 of 2002)
THE TANATHI WATER SERVICES BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by section 51 of the Water Act, 2002, the Minister for Water and Irrigation, appoints -

REHANA ISMAIL

to be Chairman of the Board of Directors of Tanathi Water Services Board for a period of three (3) years, with effect from 15th February, 2013. The appointment of Patrice Mwangi Ivuti, as a member of the Board of Directors is revoked with effect from 15th February, 2013.

Dated 15th February, 2013.

C. K. NGILU,
Minister for Water and Irrigation.
*G.N. 17445/2012.

GAZETTE NOTICE NO. 2236
THE UNIVERSITIES ACT
(No. 42 of 2012)
THE UNIVERSITY OF ELDORET
APPOINTMENT

IN EXERCISE of the powers conferred by section 36 (a) and (d) of the Universities Act, 2012, the Minister for Higher Education, Science and Technology appoints:

Sarone ole Sena (Prof.) - (Chairperson);
Members:
Peter Njagi Njeru,
Korwa G. Adar (Prof.),
Donald Buigut Kimutai
Jane Mutua Musangi,
Alice Mayaka (Mrs.),

to be Council members of University of Eldoret, for a period of four (4) years, with effect from the 4th February, 2013.

Dated the 14th February, 2013.

MARGARET J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 2237
THE UNIVERSITIES ACT
(No. 42 of 2012)
THE KISII UNIVERSITY
APPOINTMENT

IN EXERCISE of the powers conferred by section 36 (a) and (d) of the Universities Act, 2012, the Minister for Higher Education, Science and Technology appoints:

Sebastian Mwarania (Dr., Eng.) - (Chairperson);
Members:
Titus Gateere,
Abdulhamid A. Saleh Said,
John Ndubi Kesa,
Mary Getui,
Sonje Angeline Wawuda,

to be Council members of Kisii University, for a period of four (4) years, with effect from the 4th February, 2013.

Dated the 14th February, 2013.

MARGARET J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 2238
THE UNIVERSITIES ACT
(No. 42 of 2012)
THE LAIKIPIA UNIVERSITY
APPOINTMENT

IN EXERCISE of the powers conferred by section 36 (a) and (d) of the Universities Act, 2012, the Minister for Higher Education, Science and Technology appoints:

Abdullah N. Said (Prof) - (Chairperson);

Members:
Margery Wangui Kabuya,
Fredrick Ombat Ogana,
Samuel K. Katia (Prof.),
Joyce M. I. Ekuam,
Betty Maina,

to be Council members of Laikipia University, for a period of four (4) years, with effect from the 26th February, 2013.

Dated the 14th February, 2013.

MARGARET J. KAMAR,
Minister for Higher Education, Science and Technology.

GAZETTE NOTICE NO. 2239
THE NATIONAL YOUTH COUNCIL ACT
(No. 10 of 2009)
APPOINTMENT

IN EXERCISE of the powers conferred by section 5 (1) (a) of the National Youth Council Act, 2009, the Minister for Youth Affairs and Sports appoints -

CLEMENT AYUNGO

to be Chairperson of the National Youth Council, for a period of three (3) years, with effect from the 8th February, 2013.

Dated the 13th February, 2013.

ABABU NAMWAMBA,
Minister for Youth Affairs and Sports.

GAZETTE NOTICE NO. 2240
THE MICRO AND SMALL ENTERPRISES ACT
(No. 55 of 2012)
APPOINTMENT

IN EXERCISE of the powers conferred by section 30 (1) of the Micro and Small Enterprises Act, the Minister for Labour appoints -

Thomas Irungu Kigoi - (Chairman);
Members:
James Bwatuti,
John Kihiu,
Simon Sangale Nasieku,
Ruth Oniang’o,
Joan Mwangi,
Nahum Okwiya,
Joy Limo,
David Keli Kiilu,
Benjamin Nzioka Muteti,
Millicent A. Ogola,
Patrick K. Mwangi - (Ag. CEO)

to be members of the Board of Micro and Small Enterprise Authority, for a period of three (3) years, with effect from the 20th February,2013.

Dated the 20th February, 2013.

JOHN MUNYES,
Minister for Labour.

GAZETTE NOTICE NO. 2241
THE LEGAL EDUCATION ACT
(No. 27 of 2012)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (5) (a) of the Legal Education Act, 2012, the Attorney-General appoints -

FRED O. O. N. OJIAMBO

to be Chairperson of the Board of the Council of Legal Education, for a period of four (4) years, with effect from the 8th February, 2013.

Dated the 15th February, 2013.

GITHU MUIGAI,
Attorney-General.

GAZETTE NOTICE NO. 2196
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED PROPOSED SERGOIT GOLF AND
WILDLIFE RESORT, IN ELDORET UASIN GISHU COUNTY
INVITATION OF 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 Sergoit Golf and wildlife Resort in Eldoret, Uasin Gishu County.

The Proponent (Sergoit Holdings Limited) of the proposed project is proposing to put up a golf and wildlife resort within Eldoret in Uasin Gishu 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, 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.

SAMUEL MUNENE,
for Director-General,
National Environment Management Authority.
MR/1477630

GAZETTE NOTICE NO. 2197
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED PROPOSED CONSTRUCTION OF
ADDITIONAL LANES ON JKIA–LIKONI–JAMES GICHURU -
RIRONI ROAD (A104); DUALLING OF AIRPORT SOUTH ROAD;
ACCESS TO JKIA WIDENING; CONSTRUCTION OF ACCESS
ROAD PROPOSED BARABARA PLAZA; AND IMPROVEMENT
OF ACCESS TO INLAND CONTAINER DEPOT
INVITATION OF 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 construction of additional lanes on JKIA–Likoni–James Gichuru–Rironi road (A104); dualling of airport south road; access to JKIA widening; construction of access road proposed barabara plaza; and improvement of access to inland container depot.

The Proponent (Kenya National Highways Authority) of the proposed project is proposing to construct additional lanes on JKIA – Likoni – James Gichuru–Rironi road (A104); dualling of airport south road; access to JKIA widening; construction of access road proposed barabara plaza; and improvement of access to inland container depot.

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, 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.

ZEPHANIA O. OUMA,
for Director-General,
National Environment Management Authority.
MR/1477782

GAZETTE NOTICE NO. 2198
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED PETROLEUM FUEL DEPOT ON L.R. NO.
4689/VI/MN, PORT REITZ AREA OF MOMBASA COUNTY.
INVITATION OF 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 Petroleum fuel depot on L.R NO. 4689/VI/MN, Port Reitz area of Mombasa County The Proponent is proposing to construct a fuel depot comprising of Seven (7) fuel tanks all with a capacity of 23 million litres and one (1) fresh water tank with a capacity of 10 Million Liters that will store fire water
.
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, Mombasa 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.

SALOME MACHUA,
for Director-General,
National Environment Management Authority.
MR/1485281

GAZETTE NOTICE NO. 2584
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED POLES TREATMENT PROJECT ON PLOT
NO. UASIN GISHU/MILE THIRTEEN/244; JUA KALI TRADING
CENTRE, ALONG ELDORET – WEBUYE ROAD – UASIN GISHU COUNTY
INVITATION OF 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 poles treatment project on plot No. Uasin Gishu/Mile thirteen/244 Jua kali trading centre, along Eldoret – Webuye road –
Uasin Gishu County.

The Proponent (Abao Investments Limited) of the proposed poles treatment project is proposing to construct the poles treatment plant.

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.

Z. O. OUMA,
for Director-General,
National Environment Management Authority.
MR/1477782

GAZETTE NOTICE NO. 2585
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 FILLING STATION ON LR. NO.
337/2311 & 2312 IN MAVOKO MUNICIPALITY IN ATHI RIVER,
MACHAKOS COUNTY
INVITATION OF 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 filling station on L.R. No. 377/2311 and 2312 in Mavoko Municipality, Athi River Town, Machakos County.

The Proponent (Lali Kathuli) of the proposed project is proposing to put up a petrol filling station on L.R. No. 377/2311 and 2312 in Mavoko Municipality, Athi River Town, Machakos 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, Machakos 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/1483871

GAZETTE NOTICE NO. 2586
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED WAA WHALE SHARK SANCTUARY, IN
WAA/KWALE COUNTY
INVITATION OF 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 project.

The Proponent (Sea Quarium Ltd.) intends to construct a petrol service station in Waa/Kwale 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, Kwale 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/1485158

GAZETTE NOTICE NO. 2587
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 OFFICE BLOCKS
ALONG 3RD AVENUE NGONG ROAD, COMMUNITY AREA
ON PLOT L.R. NO. 209/15262 NAIROBI COUNTY
INVITATION OF 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 proposed project is proposing to establish office blocks along 3rd avenue Ngong road.

The Proponent (Kings Development Limited P.O Box 41306-00100 Nairobi) of the proposed project is proposing to establish office blocks along 3rd avenue Ngong road

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

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

(a) Director-General, 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.

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/1717146

Special Issue Gazette Vol. CXV – No. 27 Dated February 20, 2013

GAZETTE NOTICE NO. 2224
THE CONSTITUTION OF KENYA
THE NATIONAL LAND COMMISSION ACT
(No. 5 of 2012)
APPOINTMENT

IN EXERCISE of the powers conferred by section 7 and paragraph (8) of the First Schedule to the National Land Commission Act, 2012,

I, Mwai Kibaki, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, appoint -

MUHAMMAD ABDALLA SWAZURI (DR.),

to be the Chairperson of the National Land Commission for a period of six (6) years, with effect from 20th February, 2013.

Dated the 20th February, 2013.

MWAI KIBAKI,
President.

GAZETTE NOTICE NO. 2225
THE CONSTITUTION OF KENYA
THE NATIONAL LAND COMMISSION ACT
(No. 5 of 2012)
APPOINTMENT

IN EXERCISE of the powers conferred by section 7 and paragraph (8) of the First Schedule to the National Land Commission Act, 2012,

I, Mwai Kibaki, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, appoint -

Tomiik Mboya Konyimbih (Dr.),
Silas Kinoti Muriithi,
Rose Mumbua Musyoka (Dr.),
Samuel Kipng’etich Tororei (Dr.),
Abigael Mbagaya,
Emma Muthoni Njogu,
Clement Isaiah Lenachuru,
Abdulkadir Adan Khalif,

to be the members of the National Land Commission for a period of six (6) years, with effect from 20th February, 2013.

Dated the 20th February, 2013.

MWAI KIBAKI,
President.

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