Newsletter on 12/01/2013

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Saturday 12th January

Issue 2/2013

CASE OF THE WEEK

 

Republic v Joktan Mayende & 4 Others
High Court of Kenya at Bungoma
Criminal Case No. 55 of 2009
December 12, 2012
F. Gikonyo. J

Reported by Dorcas Onam Mac'Andere

ISSUES
1. Whether the right to be released on bond or bail under Article 49(1) (h) of the Constitution is absolute.

2. Whether under Article 49(1) (h) of the Constitution, interfering with witnesses is a compelling reasonto deny the accused bail and therefore reasonable and justifiable limitation of the right to liberty in an open democratic society.

Constitutional law - right to be released on bond or bail - Constitutional limitation of right to bail - Article 49(1) (h) of the Constitution of Kenya, 2010

Words and phrases - the meaning of the term 'compelling reasons'- duty of court to define jural words, terms and phrases used in the Constitution – Constitution of Kenya, 2010 Article 49 (1) (h).

Article 49(1) (h) of Constitution of Kenya 2012. An arrested person has the right- (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.


Held 

  1. The constitutional right of the accused to be released on bond is not absolute. It has been limited by the Constitution itself in two respects. One, the release on bond or bail is on conditions, albeit reasonable. Second, the accused will not be released on bond or bail where there are compelling reasons. The court however should determine the conditions of bond or bail or if the reasons adduced are compelling reasonsto deny the accused bond or bail in the sense of Article 49(1) (h) of the Constitution of Kenya, 2010.

  2. In a constitutional transition where the law is still settling, courts are continually engaged in interpretation sessions aimed at defining the scope of the jural words, terms and phrases used in the Constitution; which is an exercise that the courts should strive to do with wise circumspection in order that the meaning and scope assigned to those words, terms and phrases give effect to the objects, purposes and values of the Constitution.

  3. Under Article 49(1) (h) of the Constitution, the phrase compelling reasons denotes reasons that are forceful and convincing as to make the court feel very strongly that the accused should not be released on bond.  Bail should not therefore be denied on flimsy grounds but on real and cogent grounds that meet the high standard set in the Constitution.

  4. The high standard under Article 49(1) (h) of the Constitution is more in accord with the stringent constitutional requirements in Article 24 of the Constitution on Limitation of rights and fundamental freedoms;and requires the prosecution to prove that it is proportionate and justified in the circumstances of the case to deny the accused bail.

  5. Under Article 49(1) (h) of the Constitution, interference with witnesses as a compelling reasondoes not necessarily require strict medical proof of assault since the court is not determining a criminal charge of assault as in a criminal trial.

  6. Evidence that the accused accosted a witness in the case where the accused is facing charges, whether physically or otherwise, suffices to prove that the accused did act(s) tending or intended to interfere with witnesses. The court is thenif not bound, to infer that the intention of the accused in accosting the witness had been to dissuade the witness from giving evidence. Threats or improper approaches to witnesses although not visibly manifest, as long as they are aimed at influencing or compromising or terrifying a witness either not to give evidence, or to give schewed evidence, amounts to interference with witnesses and is an impediment to or perversion of the course of justice.

  7. Interference with witnesses may occur immediately on commission of the offence, during investigations, at inception of the criminal charge in court or during the trial; and can be committed by any person including the accused, witnesses or other persons. Interference with witnesses aimed at impeding or perverting the course of justice, is a justifiable reason to limit the right to liberty of the accused.

The fourth accused person denied bail.

Cases referred to:
R v Kellet [1975]3 All ER 468
Reg v Bailey [1956] NI 15

 
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SELECTED NOTICES FROM THE KENYA GAZETTE

 

Kenya Gazette Vol . CXV – No.3 Dated January 11,2013

The Borstal Institutions Act - Appointment.
The Prisons Act - Declaration of Prisons.
The Betting, Lotteries and Gaming Act - Appointment.
The Kenya Broadcasting Corporation Act - Appointment.
The Government Financial Management Act - Appointment.
The Science and Technology Act - Appointment.
The Valuation for Rating Act - Extension of Valuation Roll.
The National Hospital Insurance Fund Act - Appointment.
The Kenya Medical Training College Act - Appointment.
The State Corporations Act - Appointments.
The HIV and AIDS Prevention and Control Act - Appointment.
The Constitution of Kenya - Appointment.
The Registration of Persons Act - Appointment.
Ministry of Finance - Statement of Actual Revenue and  Net Exchequer Issues.
The Political Parties Act - Change of Party Symbol and Office Bearers.
The Coffee Act - Application for Licences.
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 Companies Act - Dissolution, etc.
The Co-operative Societies Act - Appointment of Liquidator.
The Physical Planning Act - Completion of Part Development Plans.
The Environmental Management and Co-ordination Act - Environmental Impact Assessment Study Reports.
The Trust Land Act - Setting Apart of Land.
Closure of Roads.
Loss of Share Certificate.
Loss of Policies.
Change of Names.

SUPPLEMENT Nos. 198, 199, 200, 201, 211, 212, 213 and 214
Acts, 2012

The Vetting of Judges and Magistrates (Amendment) Act, 2012.
The Truth, Justice and Reconciliation (Amendment) Act, 2012.
The Treaty Making and Ratification Act, 2012.
The Consumer Protection Act, 2012.
The Statute Law (Miscellaneous Amendments) (No. 2) Act, 2012.
The Elections (Amendment) (No. 3) Act, 2012.
The Office of the Attorney-General Act, 2012.
The Political Parties (Amendment) Act, 2012.

SUPPLEMENT No. 1
Legislative Supplement
LEGAL NOTICE NO.
1 - The Kenya Information and Communications (Registration of Subscribers of
Telecommunication Services) Regulations, 2012.

GAZETTE NOTICE NO. 199
THE BORSTAL INSTITUTIONS ACT
(Cap. 92)
APPOINTMENT

IN EXERCISE of the powers conferred by section 20 (1) of the Borstal Institutions Act, the Vice-President and Minister for Home Affairs appoints -

Johnson M. Naicca,
Ghaniye M. Bilal,
Gibson Muriu,
Mujtaba M. Peera,

to be members of the Board of Visitors of the Shimo-La-Tewa Borstal Institution.

Dated the 20th December, 2012.

KALONZO MUSYOKA,
Vice-President and Minister for Home Affairs.

GAZETTE NOTICE NO. 200
THE BORSTAL INSTITUTIONS ACT
(Cap. 92)
APPOINTMENT

IN EXERCISE of the powers conferred by section 20 (1) of the Borstal Institutions Act, the Vice-President and Minister for Home Affairs appoints -

Jamaal Salem (Dr.),
Christopher Netia (Dr.),

to be members of the Board of Visitors of the Shikusa Borstal Institution.

Dated the 20th December, 2012.

KALONZO MUSYOKA,
Vice-President and Minister for Home Affairs.

GAZETTE NOTICE NO. 201
THE PRISONS ACT
(Cap. 90)
DECLARATION OF PRISON - KAJIADO FARM 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 of land described in the Schedule shall be a prison:

SCHEDULE

KAJIADO FARM PRISON

An area of land measuring approximately 100 acres, situated within Kajiado Town along Namanga Road, the boundaries of which are fenced and particularly delineated on the Department of Physical Planning reference No. KAJ/166/07/12.

Dated the 26th November, 2012.

KALONZO MUSYOKA,
Vice-President and Minister for Home Affairs.

GAZETTE NOTICE NO. 202
THE PRISONS ACT
(Cap. 90)
DECLARATION OF PRISON - KILGORIS 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 of land described in the Schedule shall be a prison:

SCHEDULE

KILGORIS PRISON
An area of land measuring approximately 30 hecatares, situated within Transmara/Olalui in Narok County, the boundaries of which are fenced and particularly delineated on the Department of Physical Planning reference No. 144/2.

Dated the 26th November, 2012.

KALONZO MUSYOKA,
Vice-President and Minister for Home Affairs.

GAZETTE NOTICE NO. 203
THE BETTING, LOTTERIES AND GAMING ACT
(Cap. 131)
APPOINTMENT

IN EXERCISE of the powers conferred by section 3 (1) of the Betting. Lotteries and Gaming Act, the Vice-President and Minister for Home Affairs appoints -

Paul Musili Wambua - (Chairman),
Kiprono Kittony,
Kennedy K. Busisa,
Peter Mbiu Muting'a,
Paschalia S. Mbato,
Janet N. Ogeto,

to be members of the Betting Control and Licensing Board, for a period of three (3) years, with effect from the 3rd January, 2013.

Gazette Notice No. 173 of 2010, is revoked.

Dated the 3rd January, 2013.

KALONZO MUSYOKA,
Vice-President and Minister for Home Affairs.

GAZETTE NOTICE NO. 204
THE KENYA BROADCASTING CORPORATION ACT
(Cap. 221)
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (f) of the Kenya Broadcasting Corporation Act, the Minister for Information and Communications appoints -

ADEN ABDI BULLE

to be a member of the Board of Kenya Broadcasting Corporation, for a period of three (3) years, with effect from 5th December, 2012.

Dated the 18th December, 2012.

SAMUEL POGHISIO,
Minister for Information and Communications.

GAZETTE NOTICE NO. 205
THE GOVERNMENT FINANCIAL MANAGEMENT ACT
(No. 5 of 2004)
THE GOVERNMENT FINANCIAL MANAGEMENT (HEALTH
SERVICES COMMITTEE MEMBERS) REGULATIONS
(L.N. 401 of 2007)
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (2) (a) and (e) of the Government Financial Management (Health Sector Services Fund) Regulations, 2007, the Minister for Public Health and Sanitation appoints -

Stanley Kunga Mbugua - (Chairman),
Naftali Daniel Atei Kerochi (Dr.),
Annestercia M. Munyendo (Ms.),
Angela Lesan (Dr.),
Nasra Ali (Dr.),

to be members of the National Health Services Committee, for a period of three (3) years.

Dated the 14th December, 2012.

BETH MUGO,
Minister for Public Health and Sanitation.

GAZETTE NOTICE NO. 206
THE SCIENCE AND TECHNOLOGY ACT
(Cap. 250)
THE KENYA FORESTRY RESEARCH INSTITUTE
APPOINTMENT

IN EXERCISE of the powers conferred by section 15 (1) (f) of the Science and Technology Act, the Minister for Forestry and Wildlife appoints -

Daniel Njiru Mugendi - (Chairman)
Supinder Singh Soin (Dr.),
Caroline Achieng Oduor,
Agnes Wakesho Mwang'ombe,
Robinson Kiragu Ng'ethe,
Kingiri Senelwa (Prof.),

to be members of the Kenya Forestry Research Institute Board of Management, for a period of three (3) years.

Dated the 31st December, 2012.

NOAH WEKESA,
Minister for Forestry and Wildlife.

GAZETTE NOTICE NO. 207
THE VALUATION FOR RATING ACT
(Cap. 266)
THE MUNICIPAL COUNCIL OF EMBU
EXTENSION OF VALUATION ROLL

IN EXERCISE of the powers conferred by section 3 of the Valuation for Rating Act, the Minister for Local Government approves the Extension of the Municipal Council of Embu Valuation Roll (1999) to cover four (4) years.

Dated the 19th December, 2012.

PAUL OTUOMA,
Minister for Local Government.

GAZETTE NOTICE NO. 208
THE NATIONAL HOSPITAL INSURANCE FUND ACT
(No. 9 of 1998)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) (l) of the National Hospital Insurance Fund Act, 1998, the Minister for Medical Services appoints -

CATHERINE MUREITHI (MRS.)

to be a member of the Board of the National Hospital Insurance Fund (N.H.I.F.), for a period of three (3) years, with effect from the 7th January, 2013. The appointment of Beatrice Kamamia, is revoked.

Dated the 4th January, 2013.

P. A. NYONG'O,
Minister for Medical Services.

GAZETTE NOTICE NO. 209
THE KENYA MEDICAL TRAINING COLLEGE ACT
(Cap. 261)
APPOINTMENT

IN EXERCISE of the powers conferred by section 9 (1) (j) of the Kenya Medical Training College Act, the Minister for Medical Services appoints -

Caren Aoko Oyugi,
John Kamau Nyagah,

to be members of the Board of the Kenya Medical Training College for a period of three (3) years, with effect from the 3rd January, 2013.

Dated the 3rd January, 2013.

P. A. NYONG'O,
Minister for Medical Services.

GAZETTE NOTICE NO. 210
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYATTA NATIONAL HOSPITAL BOARD ORDER
(L.N. 109 of 1987)
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 2 (g) of the Kenyatta National Hospital Order, 1987, the Minister for Medical Services appoints -

Lawrence Oginga Omire,
Ibrahim Mohamed Abdille,
Mary Wambui Mungai,
Jackson Koitumet Mpario,
Achola O. Pala,

to be members of the Board of the Kenyatta National Hospital, for a period of three (3) years, with effect from the 28th January, 2013.

Dated the 4th January, 2013.

P. A. NYONG'O,
Minister for Medical Services.

GAZETTE NOTICE NO. 211
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA INSTITUTE OF MASS COMMUNICATION
ORDER, 2011
APPOINTMENT

IN EXERCISE of the powers conferred by section 5 (2) (h) of the Kenya Institute of Mass Communication Order, 2011, the Minister for Information and Communications appoints -

JOHN PKECH NGIMOR

to be a member of the Kenya Institute of Mass Communication Board, for a period of three (3) years, with effect from the 10th December,2012.

Dated the 27th December, 2012.

SAMUEL POGHISIO,
Minister for Information and Communications.

GAZETTE NOTICE NO. 212
THE STATE CORPORATIONS ACT
(Cap. 446)
THE BRAND KENYA BOARD ORDER, 2008
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 2 (i) of the Brand Kenya Board Order, 2008, the Minister for Information and Communications appoints -

Angela Ng'ang'a-Mumo,
David Mutinda Mutuku (Eng.),
Margaret Mwarey Kositany,

to be members of the Brand Kenya Board, for a period of three (3) years, with effect from the 3rd December, 2012.

Dated the 27th December, 2012.

SAMUEL POGHISIO,
Minister for Information and Communications.

GAZETTE NOTICE NO. 213
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KONZA TECHNOPOLIS DEVELOPMENT AUTHORITY
ORDER, 2012
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 5 (1) (e) of the Konza Technopolis Development Authority Order, 2012, the Minister for Information and Communications appoints -

Emma Miloyo,
Haron Gekonye Nyakundi,
Reuben Mutiso (Dr.),
Rosemary Nduku Maundu,

to be members of the Board of the Konza Technopolis Development Authority, for a period of three (3) years, with effect from the 5th December, 2012.

Dated the 27th December, 2012.

SAMUEL POGHISIO,
Minister for Information and Communications.

GAZETTE NOTICE NO. 214
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA FILM COMMISSION ORDER, 2005
APPOINTMENT

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

Judy J. Bisem,
Frank Muiruri,
Eston Njeru Munyi,

to be members of the Kenya Film Commission Board, for a period of three (3) years, with effect from the 10th December, 2012.

Dated the 27th December, 2012.

SAMUEL POGHISIO,
Minister for Information and Communications

GAZETTE NOTICE NO. 215
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA TSETSE AND TRYPANOSOMIASIS
ERADICATION COUNCIL ORDER, 2012
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 5 (1) (i) (j) and (f) of the Kenya Tsetse and Trypanosomiasis Eradication Council Order, 2012, the Minister for Livestock Development appoints -

William Ogara,
Hassan Odowa Abdi,
Raymond Ellie Mdachi,
Rosalia Wanyonyi Masika,

to be members of the Kenya Tsetse and Trypanosomiasis Eradication Council Board of Directors, for a period of three (3) years, with effect from the 6th December, 2012.

Dated the 5th December, 2012.

M. A. KUTI,
Minister for Livestock Development.

GAZETTE NOTICE NO. 216
THE HIV AND AIDS PREVENTION AND CONTROL ACT
(No. 14 of 2006)
APPOINTMENT

IN EXERCISE of the powers conferred by section 25 (1) of the HIV and AIDS Prevention and Control Act, the Attorney-General appoints:

Under paragraph (a) -
Jotham Arwa - (Chairman);
Under paragraph (b) -
Mercy Mwarah,
Mohammed Noor Kullow;
Under paragraph (c) -
Julius Muasya Kyambi (Prof.);
Under paragraph (d) -
Angelina Siparo,
Joe Muriuki,

to be members of the HIV and AIDS Tribunal, for a period of three (3) years, with effect from the 15th December, 2012.

Dated the 7th January, 2013.

GITHU MUIGAI,
Attorney-General.

GAZETTE NOTICE NO. 217
THE COUNSTITUTION OF KENYA
THE CRIMINAL PROCEDURE CODE
(Cap. 75)
THE EVIDENCE ACT
(Cap. 80)
APPOINTMENT

IN EXERCISE of the powers conferred by section 85 (1) of the Criminal Procedure Code as read together with Article 157 (9) of the Constitution and pursuant to section 78 of the Evidence Act, the Director of Public Prosecutions appoints the persons set out in the gazette to be officers for purposes of certification photographic prints, enlargement as provided for under section 78 of the Evidence Act.

Dated the 28th December, 2012.

KERIAKO TOBIKO,
Director of Public Prosecutions.

GAZETTE NOTICE NO. 218
THE REGISTRATION OF PERSONS ACT
(Cap. 107)
APPOINTMENT OF FINGERPRINT OFFICERS

IN EXERCISE of the powers conferred by section 4 (2) of the Registration of Persons Act, the Principal Registrar appoints the officers whose names appear in the first column of the schedule to be fingerprint officers for the purposes of this Act with effect from the dates respectively set out in the second column of the schedule set out in the gazette.

Dated the 28th December, 2012.

R. M. KIMOTHO,
Principal Registrar.

GAZETTE NOTICE NO. 220
THE POLITICAL PARTIES ACT
(No. 11 of 2011)
CHANGE OF PARTY SYMBOL AND OFFICE BEARERS

IN EXERCISE of the powers conferred by section 20 (1) of the Political Parties Act, 2011, the Registrar of Political Parties gives notice that the following parties intend to change:

Name of Party

Particulars of Change

The Independent Party

Party Symbol

Three Legged Stool with the word Tip at the top

Ford People

Secretary-General

Albert Nyaundi

 

Treasurer-General

Francis Kariuki

All interested parties can make enquiries at the Registrar's Offices, Anniversary Towers, University Way, 21st Floor from 8.00 a.m. to 5 p.m.

Dated the 17th of December, 2012.

LUCY K. NDUNGU,
Registrar of Political Parties.

GAZETTE NOTICE NO. 171
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 LR NO.
KAJIADO/KAPUTIEI NORTH/ 30605 IN KAJIADO 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 station on L.R. No. Kajiado/Kaputiei North/ 30605 in Kajiado County.

The Proponent (Gulf Energy Limited) of the Proposed Petrol Service Station is proposing to provide petroleum and motor vehicle service in the area i.e. along Kitengela, Kenya and our Regional Presence.

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, Kajiado 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/1485020

GAZETTE NOTICE NO. 172
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED APARTMENT DEVELOPMENT ON L.R.
NO. 209/13295 OFF LIKONI ROAD, 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 apartment development on L.R. No. 209/13295 off Likoni road, Nairobi County.

The Proponent (Executive Properties Limited) of the proposed project is proposing to carry on construction of residential apartments.

The apartments will of 176 units of residential housing masionettes and 72 units of residential apartments.

 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/1485148

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 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 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 programme has the following key objectives;
1. To identify key linkages between rural poverty and the environment.

2. To provide key environmental and social opportunities and recommendations to influence IFAD support to UTaNRMP development efforts towards environmental sustainability and climate smart development.

3. To ensure the full consideration of alternative programme/project options including the do nothing option, at an early stage when there is still greater flexibility.

4. To identify environmental impacts and opportunities of mitigation measures into programme designs during the formulation stage of programmes and in the process enhance environmental management plans.

5. To ensure the cumulative, indirect or secondary impacts of diverse multiple activities are considered including their unintended consequences.

6. To obviate the needless reassessment of issues and impacts at project level where such issues could have been more effectively dealt with at a strategic level and offer time and cost savings.

7. To ensure environmental principles such as sustainability, polluter pays and the precautionary principle are integrated into the development, appraisal and selection of programme options.

8. To provide an early opportunity to check whether or not a proposal complies with national and international environmental policy and consequent legislative obligations.

The key findings of the detailed SEA are summarized below.
The SEA established that the Upper Tana Natural Resources Management Project (UTaNRMP) is relevant in the implementation of the current Plan, Programme and Policy (PPPs) in Environment and Natural Resources Management (ENRM). However, the programme can be strengthened in order to enhance the positive impacts to the environment and livelihoods. The following policy gaps and weaknesses were identified as areas in which the programme could contribute through lobbying, advocacy and capacity building by NSAs;

• Accelerating the approval of pending environment and natural resources policy and legal frameworks such as Draft Environment Policy, Draft Wetlands Policy, Draft ASALs Policy

• Formulation and implementation of important policies which are non-existent especially the following:

  • National Land Use Policy
  • National Charcoal Policy
  • National Groundwater Policy
  • National Green Energy Policy
  • Advocacy for the establishment of a Climate Mitigation Fund,
  • Advocacy for the development of county climate mitigation strategies.

In addition, a number of gaps were identified in other on-going programmes The SEA recommends that the International Fund for Agricultural Development Kenya County Office should get involved in these areas in order to improve the Environment and Natural Resources Management (ENRM) sector in Kenya. They include the following;

• Sustainable land management
• Management of invasive species
• Sustainable forestry including dry land forestry
• Integrated water resources management
• Sustainable agricultural development
• Domestication of Multilateral Environmental Agreements (MEAs)
• Promotion of Cleaner Development Mechanism (CDM) projects

The SEA also identified some areas that Upper Tana Natural Resources Management Project (UTaNRMP) can engage in as stipulated in the current National Plans and Strategies especially Vision 2030 under the Land Sector; Water Sector; Agriculture and Rural Development; Environment and Climate Change 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 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 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 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, 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

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