Newsletter on 21/01/2013

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Tuesday 22nd January

Issue 3/2013

CASE OF THE WEEK

 

Press Freedom: CCK’s Media Regulatory Role Meets the Test of the New Constitution
Reported by Michael M. Murungi.

Royal Media Services Ltd v Attorney General & 2 others [2013]eKLR
High Court at Nairobi (Milimani Law Courts, Constitutional and Human Rights Division)
Justice DS Majanja
January 18, 2013

Advocates:
Dr. Kamau Kuria (Kamau Kuria & Kiraitu Advocates) for the Petitioner
Mr. Kaumba, Litigation Counsel (State Law Office) for the 1st and 2nd Respondent
Mr. Wambua Kilonzo (Sisule Munyi Kilonzo & Associates) for the 3rd Respondent

Constitutional law – interpretation of the Constitution – interpretation promoting the purposes and values of the Constitution and good governance – where a new constitution provides for the enactment of a law to establish a body to regulate the media – Communications Commission of Kenya a statutory body exercising regulatory functions before the Constitution was promulgated  - whether the Commission could continue to exercise those functions before the body contemplated under the constitution is established in law – whether to construe the Constitution as having extinguished the Commission and to leave a regulatory vacuum would undermine the principles and objectives of the Constitution - Constitution of Kenya, 2010 Articles 34, 259(1), Fifth Schedule, Sixth Schedule section 7(1)

Constitutional law – constitutional rights - press freedom – freedom of the media - notice by media regulator to a broadcaster to surrender broadcasting frequencies it was said be operating without a licence –whether the notice was in violation of the broadcaster’s right to freedom of the media, the right to ownership of property in the frequencies and the right to fair administrative action – Constitution of Kenya Articles 34, 40 and 47

Issues for determination

  • Whereas article 34 of the Constitution of Kenya, 2010 provided for parliament to enact legislation to establish a body to regulate the media, was the Communications Commission of Kenya, which had been previously established under the Kenya Information and Communications Act of 1998, entitled to continue to perform that regulatory function when parliament had not passed the legislation contemplated by the new Constitution?

  • Was the Commission the regulatory authority contemplated under Article 34 of the Constitution?

  • Did a notice issued to the petitioner by the Commission notifying it that certain of its frequencies were being operated without a licence and that the frequencies were liable to being surrendered violate the broadcaster’s constitutional rights to freedom of the press, to the ownership of property and the right to fair administrative action under articles 34, 40 and 47 of the Constitution?

Facts
The Communications Commission of Kenya (the CCK) was established in 1998 by the then Kenya Communications Act 1998, which is now the Kenya Information and Communications Act, 1998. The CCK was established as the regulator for telecommunication, radio and later broadcasting and ICT services.

The CCK had issued Royal Medial Services, a Kenyan broadcasting company, with licences to provide radio and television broadcasting services in various parts of Kenya.

In August 2010, a new constitution came into force, section 34 of which provided as follows:

34.(1): Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to [forms of expression prohibited under Article 33(2)-

(2) The state shall not –
a. exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or

(b) penalize any person for any opinion or view or the content of any broadcast, publication or dissemination.


(3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that –
(a) are necessary to regulate the airwaves and others forms of signal distribution; and
(b) are independent of control by government, political interests or commercial interest….
(5) Parliament shall enact legislation that provides for the establishment of a body, which shall-
a. be independent of control by government, political interests or commercial interests;
b. reflect the interests of all sections of the society; and
c. set media standards and regulate and monitor compliance with those standards.

In May 2012, the CCK issued a press notice that certain radio frequencies in some towns in Kenya were being operated without a licence and required the operators to surrender the frequencies within 30 days. The majority of the frequencies which were the subject of this notice were for television and radio services operated by Royal Media Services (RMS).

RMS filed a constitutional petition in the High Court in which it argued that the notice was contrary to the Constitution because the CCK was not the licensing body sought to be established by section 34(5). It argued that the effect of the new Constitution was to re-organise the state entities concerned with media regulation in order to protect the newly established constitutional freedom, and to suspend all the licensing provisions and functions of the CCK under the Kenya Information and Communications Act until the body envisaged under Article 34 of the Constitution was established.

RMS further argued that the notice violated its freedom as a media organization, its right to the property in the frequencies and its right to fair administrative action.

Held:

  • The Constitution of Kenya 2010 was superimposed on an existing legal framework. The framers of the Constitution intended that over time, this framework would be transformed by legislative Acts to accord with the Constitution. It was for this reason that Article 261(1) and the Fifth Schedule to the Constitution required parliament to enact the legislation contemplated under Article 34 within three years from the date of the promulgation of the Constitution.

  • Under section 7(1) of the Sixth Schedule to the Constitution, all law in force immediately before the date of the promulgation of the Constitution of Kenya, 2010 continued in force and shall be construed with the adaptations necessary to bring it into conformity with the Constitution.

  • Moreover, Article 259(1) of the Constitution was to be interpreted in a manner that promoted its purposes, values and principles; advanced the rule of law, human rights and fundamental freedoms; permitted the development of the law and contributed to good governance. For the Court to permit a situation where a legally constituted body is extinguished leaving the airwaves unregulated would undermine the constitutional objectives of good governance.

  • It followed that the Kenya Information and Communications Act, 1998 and all the regulations made under it remained in force subject to the Constitution and the transitional provisions.

  • The Communications Commission of Kenya was established by legislation which was currently in force and was empowered to licence and regulate postal, information and communication services as contemplated under Article 34 of the Constitution until the body contemplated under Article 34(5) was established.

  • The action of the Commission against Royal Media Services was in the nature of a notice to show cause why regulatory action should not be taken against it and it did not amount to a contravention of any of the petitioner’s rights under Articles 34, 40 and 47 of the Constitution.

Petition dismissed.

 

SELECTED NOTICES FROM THE KENYA GAZETTE

 

Kenya Gazette Vol. CXV - No. 8 Dated 18th January, 2013.

The Kenya Literature Bureau Act - Appointments
The Universities Act - Appointment
The Sacco Societies Act - Appointment
The State Corporations Act - Appointment
Office of the Prime Minister - Appointment
The Constitution of Kenya - Appointmet
The Registration of Titles Act - Issue of a Provisional Certificates, etc.
The Registered Land Act - Issue of New Land Title Deeds, etc
Probate and Administration
The Kenya Power and Lighting Company Limited
Foreign Exchange Rate Fluctuation Adjustment, etc.
The Advocates Act - Quarterly Report
The Pharmacy and Poisons Act - Appointment
The Political Parties Act - Change of Party Officials
The Co-operative Societies Act - Appointment of Liquidator
The Companies Act - Winding-up
The Physical Planning Act - Completion of Part Development Plans
The Environmental Management and Co-ordination Act
Environmental Impact Assessment Study Reports
Disposal of Uncollected Goods
Loss of Policies
Change of Names
–––––––––
SUPPLEMENT No. 2

Bills, 2013

The Supplementary Appropriation Bill, 2013

GAZETTE NOTICE NO. 470
THE KENYA LITERATURE BUREAU ACT
(Cap. 209)
APPOINTMENT

IN EXERCISE of the powers conferred by section 8 (3) of the Kenya Literature Bureau Act, the Minister for Education appoints -

EVE A. OBARA

to be the Secretary to the Board of the Kenya Literature Bureau, for a period of three (3) years, with effect from the 17th December, 2012.

Dated the 8th January, 2013.

MUTULA KILONZO,
Minister for Education.

GAZETTE NOTICE NO. 471
THE KENYA LITERATURE BUREAU ACT
(Cap. 209)
APPOINTMENT

IN EXERCISE of the powers conferred by section 5 (1) (h) of the Kenya Literature Bureau Act, the Minister for Education appoints -

Aggrey W. Kuboka,
Robert M. Mbato,
Peter Sementu Kaaka,

to be members of the Board of the Kenya Literature Bureau, for a period of three (3) years, with effect from the 17th December, 2012.

Dated the 8th January, 2013.

MUTULA KILONZO,
Minister for Education.

GAZETTE NOTICE NO. 472
THE UNIVERSITIES ACT
(No. 42 of 2012)
DEDAN KIMATHI UNIVERSITY OF TECHNOLOGY
APPOINTMENT

IN EXERCISE of the powers conferred by section 35 (1) (a) and (d) of the Universities Act, 2012, the Minister for Higher Education, Science and Technology appoints -

Dulacha Galgalo Barako (Dr.) - (Chairman),
John Kisenga (Dr.),
Justus Mutabari Mutiga,
Sophia Yiega,
Mercy Mwatua,
Irshad Ibrahim,

to be members of Dedan Kimathi University of Technology Council, for a period of four (4) years, with effect from the 10th January, 2013.

Dated the 10th January, 2013.

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

GAZETTE NOTICE NO. 473
THE SACCO SOCIETIES ACT
(No. 14 of 2008)
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (e) of the Sacco Societies Act, 2008, the Minister for Co-operative Development and Marketing appoints -

Kakai Cheloti,
Regina Oyaro,

as members of the Board of the Sacco Societies Regulatory Authority (SASRA), for a period of three (3) years, with effect from the 21st

January, 2013.

Dated the 11th January, 2013.

JOSEPH W. N. NYAGAH,
Minister for Co-operative Development and Marketing.

GAZETTE NOTICE NO. 474
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA PLANT HEALTH INSPECTORATE SERVICE ORDER
(L.N. 305 of 1996)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 of the Kenya Plant Health Inspectorate Service Order, 1996, the Minister for Agriculture appoints -

JAMES M. ONSANDO (DR.)

to be the Managing Director and Secretary to the Board of Kenya Plant Health Inspectorate Service, for a period of three (3) years, with effect from the 26th February, 2013

Dated the 9th January, 2013.

S. J. KOSGEI,
Minister for Agriculture.

GAZETTE NOTICE NO. 475
OFFICE OF THE PRIME MINISTER
MINISTRY OF STATE FOR PLANNING, NATIONAL DEVELOPMENT AND VISION 2030
THE POVERTY ERADICATION COMMISSION
APPOINTMENT

IT IS notified for general information that the Minister of State for Planning, National Development and Vision 2030, has appointed -

WILSON KIPSANG KIPKAZI

as the Chairman of the Poverty Eradication Commission, for a period of two (2) years, effective from the 19th January, 2013, constituted vide Gazette Notice No. 2295 of 1999.

Dated the 10th January, 2013.

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

GAZETTE NOTICE NO. 476
THE CONSTITUTION OF KENYA
THE CRIMINAL PROCEDURE CODE
(Cap. 75)
THE WATER ACT
(No. 8 of 2002)
APPOINTMENT

IN EXERCISE of the powers conferred by section 85 of the Criminal Procedure Code and pursuant to section 8 (2) of the Water Act, the Director of Public Prosecutions appoints -

Sompe ole Kisira,
Charles Odhiambo Oleko,
Joseph Kimeli Yaban,
Willy K. Bii,
Patrick Muthee Kariithi,
Joseph K. Wendot,
Janet Kathii Magara,
Zakayo Mutahi Njara,
Patrick Muiruri Mwirigi,
Jacynta Achieng Were,
Patricia Musau Musyoka,
Eliphaz John Gitari,
Jacinta Kamau Nyakio,
Stephen Gachamba Kabue,
Teresia Wangari Thungu,
Rose Akinyi Nyamori,
Canute M. Mwakamba,
Roselyne Namunane Lunyolo,
Beatrice Nduta Kiarie,

to be public prosecutors for the purposes of all cases arising under the provisions of the Water Act, 2002.

Dated the 10th January, 2013.

KERIAKO TOBIKO,
Director of Public Prosecutions.

GAZETTE NOTICE NO. 446
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED MAU EBURU FOREST ELECTRIC FENCE PROJECT, NAIVASHA DISTRICT, NAKURU 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 Mau Eburu forest electric fence project, Naivasha district, Nakuru County.

The Proponent (Kenya Wildlife Service) is proposing to construct an electric fence around Mau Eburu forest in Naivasha district, Nakuru County.

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

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/1485281

GAZETTE NOTICE NO. 447
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED FILLING STATION ON PARCEL NO.MBEERE/KIRIMA/556, MBEERE SOUTH DISTRICT
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 filling station on parcel No. Mbeere/Kirima/556, Mbeere South district.

The Proponent (Genando Nyaga Mwaniki) of the proposed project is proposing to install 2No. Storage tanks, a fully automated filling plant, a canopy over pump island for (kerosene, diesel and petrol super tanks), loading and offloading area, Office block, washroom for both men and women, and a fire fighting system.

The anticipated impacts and proposed mitigation measures are set out in the Kenya 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, Embu 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/1485093

GAZETTE NOTICE NO. 448
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
DRAFT STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REPORT FOR THE UPPER TANA NATURAL RESOURCES MANAGEMENT PROJECT (UTaNRMP)
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 42 of Environmental (Impact Assessment and Audit) Regulations, the National Environmental Management Authority (NEMA) has received a draft Strategic Environmental Assessment (SEA) Report from the International Fund for Agricultural Development, Kenya County Office on Upper Tana Natural Resources Management Project (UTaNRMP) funded by the Government of Kenya and IFAD. The SEA findings are also expected to influence policy development in Natural Resource Management in Kenya.

The objectives are set out in the Kenya Gazette.

The full DRAFT SEA report on the implementation of the Upper Tana Natural Resources Management Project (UTaNRMP) 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.

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 regarding the SEA. Comments can also be e-mailed to dgnema@nema.go.

B. M. LANGWEN,

for Director-General,
National Environment Management Authority.
MR/1485026

GAZETTE NOTICE NO. 449
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED CHURCH DEVELOPMENT AT LAVINGTON AREA IN 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 church development at Lavington area, in Nairobi County.

The Proponent (The Redeemed Christian Church of God) is proposing to construct a church at Lavington area, in Nairobi County.

The anticipated impacts and proposed mitigation measures are set out in the Kenya 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/1206958

GAZETTE NOTICE NO. 450
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)

THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

 ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED USED OIL REFINERY/ RECYLING FACILITY AND AN OFFICE BLOCK ON PLOT L.R NO. 209/9814, OFF FALCON ROAD, INDUSTRIAL AREA ADJACENT TO NAIROBI BINS SERVICES EMBAKASI DISTRICT, 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 used oil refinery/ recycling facility and an office block on plot L.R No. 209/9814, off falcon road, industrial area adjacent to Nairobi bins services Embakasi district, Nairobi County.
The Proponent (Zhongken Petrochemical Limited) of the proposed project is proposing to construct used oil recycling facility and an office block.

The anticipated impacts and proposed mitigation measures are set out in the Kenya 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/1485201

GAZETTE NOTICE NO. 451
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)

THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED PROJECT ORE PROCESSING AND TAILINGS STORAGE FACILITY, LOLGORIAN, TRANS MARA

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 ore processing and tailings storage facility, Lolgorian, Trans mara.

The Proponent (Kilimapesa Gold {Pty} Ltd) of the proposed project is proposing to build an ore processing and tailings storage facility, Lolgorian, Trans mara.

The following are the anticipated impacts and proposed mitigation
measures:
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, Narok 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/1209994

GAZETTE NOTICE NO. 770
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations 2006, the National Environment Management Authority has received applications for Access Permit

INVITATION OF PUBLIC COMMENTS

PURSUANT to Legal Notice No. 160 on Environmental Management and Coordination (Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations 2006, the National Environment Management Authority has received applications for Access Permit for the following:

(a) Sue-Jen Roberts, Columbia University, Department of Ecology, Evolution and Environmental Biology.

Activities. - Collection of faecal matter from Blue Monkeys
(Cercopithecus mitis stuhlmanni). The lab work will be done at New York University in USA.

(b) KARI –TRC Muguga, P.O. Box 362, Kikuyu-00902.

Activities. - Access and use of non-human primates (vervet monkeys) and rearing of Lucilia sericata.

Note:
The full documentation of the proposed activities are available for inspection during working hours at National Environment Management Authority (NEMA) headquarters, Popo Road, off Mombasa Road, Nairobi.

The Authority is therefore inviting members of the Public to submit oral or written comments within twenty one (21) days from the date of publication of the notice to the Director General to assist the Authority in the determination of the application.

GEOFFREY WAHUNGU,
Director General,
National Environment Management Authority.
MR/1485293

GAZETTE NOTICE NO. 771
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED GALANA OIL PETROL STATION, ON PLOT L.R. NO. EMBU MUNICIPALITY/1556, EMBU WEST DISTRICT, EMBU 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 Galana oil petrol station, on plot L.R. No. Embu Municipality/1556, Embu west district, Embu County.

The Proponent (Galana Oil Limited) of the proposed project is proposing to construct and operate a fuel service station and stock petroleum products and related services which will include petrol, diesel, kerosene, motor oils, service bay, tyres and tubes, compressed air, water, shop and restaurant

The following are the anticipated impacts and proposed mitigation measures:

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, Embu 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/1485375

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