Kenya Gazette

Kenya Gazette Vol CXV – No 85 Dated June 7, 2013

Contents

The Constitution of Kenya — Decration of Powers.
The County Governments Act — Appointments.
The National Land Commission Act — Appoinment.
The Registration of Titles Act — Issue of Provisional Certificates, etc .
The Registered Land Act — Issue of New Land Title Deed, etc.
Customs Services Department — Goods to be Sold at Customs Warehouses.
The Capital Markets Act — Annual Licences, etc.
The Civil Aviation Act — Application for Variation or Issue of Air Service Licences —Corrigendum/Addendum.
Probate and Administration.
The Water Act — Water and Sewerage Tariffs, etc .
The Co-operative Societies Act— Co-operative Tribunal Sessions, etc.
The Physical Planning Act — Completion of Part Development Plans.
The Environmental Management and Co-ordination Act — Environmental Impact Assessment Study Reports, etc.
Closure of Roads.
Business Transfer.
Disposal of Uncollected Goods.
Loss of Share Certificate.
Loss of Policies.
Change of Names.

SUPPLEMENT No. 74
Legislative Supplement

LEGAL NOTICE NO.
86—The Kenya Roads (Kenya National Highways Authority) Regulations, 2013.
87—The Co-operative Societies (Amendment) Rules, 2013.
88—The Privileges And Immunities (Africa Capacity Building Foundation) Order, 2013.
89—The Privileges And Immunities (Comesa Monetary Institute) Order, 2013.
90—The Competion Act—Exemption.



Selected Notices

GAZETTE NOTICE NO. 7497
THE CONSTITUTION OF KENYA
DELEGATION OF POWERS

IN EXERCISE of the powers conferred by Article 157 (9) of the Constitution, the Director of Public Prosecution orders that all the powers vested in him under Article 157 (6) (a) of the Constitution shall be exercised by the persons named in the schedule, acting in accordance with the general or special instructions and subject to such other conditions as the Director of Public Prosecutions may, from time to time stipulate.

SCHEDULE

P/No

Rank

Name

1990031449/2230760

SP

Margaret Pamela Apima

1980112204/217980

C.I

Edward Ochieng Odoo

1991092870/232841

I.P

Simeon Kwemboi Ndiwa

2006029468/233161

I.P

Joseph John Njoroge Murugi

70654

SGT

Nicholas Kipkoech Langat

44067

SGT

Boniface Wachira Karuri

Dated the 31st May, 2013.

KERIAKO TOBIKO,
Director of Prosecutions.



 

GAZETTE NOTICE NO. 7498
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
NANDI COUNTY EXECUTIVE COMMITTEE

APPOINTMENT

IN EXERCISE of the powers conferred to me by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Nandi

County Assembly in its session, I, Cleophas K. Lagat, the Governor of Nandi County, appoint the persons named in the first column of the Schedule, to be members of the Nandi County Executive Committee

Responsible for the matters respectively specified in the second column of the Schedule.

Name of Member

Responsibilities

Patrick Kiprop Sang

Youth, Gender, Sports and Social Services

Mary Jerubet Ngelechei

Agriculture, Livestock and Fisheries Development

James Kipchoge Kijo

Tourism, Culture and Co-operative Development

Paul Kipchoge Rop

Education, Research and Vocational Training

Rosemary Chemeli Korir

Transport and Infrastructure

John Kipkorir Chumo

Land, Environment and Natural Resources

Mathew Rotich Kiprono

Health and Sanitation

Consolata Chepkorir Kuto

Devolved Units and Special Programmes

Charles Kimeli Muge

Finance and Economic Planning

Josiah Kiprotich Korir

Trade, Investment and Industrial Development

Dated the 3rd June, 2013.

CLEOPHAS K. LAGAT,
Governor, Nandi County.
MR/2727007



GAZETTE NOTICE NO. 7499
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
MACHAKOS COUNTY EXECUTIVE COMMITTEE

APPOINTMENT

 

IN EXERCISE of the powers conferred by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Machakos County Assembly in its third session held on the 30th May, 2013, I, Alfred N. Mutua (Dr.), Governor of Machakos County, appoint the person named in the first column of the Schedule, to be a member of the Machakos County Executive Committee responsible for the matters respectively specified in the second column of the Schedule.

SCHEDULE

Name of Member

Responsibilities

Elizabeth Mutheu Nzyoka

Finance and Revenue Collection

Dated the 3rd June, 2013.

ALFRED N. MUTUA,
Governor, Machakos County.



GAZETTE NOTICE NO. 7500
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
LAIKIPIA COUNTY EXECUTIVE COMMITTEE

APPOINTMENT

IN EXERCISE of the powers conferred to me by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Baringo

County Assembly in its session I, Joshua W. Irungu, the Governor of Laikipia County, appoint the persons named in the first column of the Schedule, to be members of the Laikipia County Executive Committee

responsible for the matters respectively specified in the second column of the Schedule.

Name of Member

Responsibilities

Jane Putunoi

Trade, Commerce, Tourism and Enterprise

Development

Ann Cheptoo Chumo

Gender, Culture, Social Development, Sports,

Children and Youth Affairs.

Dated the 3rd June, 2013.

JOSHUA W. IRUNGU,
Governor, Laikipia County.
MR/2727039



GAZETTE NOTICE NO. 7501
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
BUSIA COUNTY EXECUTIVE COMMITTEE

APPOINTMENT

IN EXERCISE of the powers conferred to me by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Busia County Assembly in its session I, Sospeter Ojaamong, the Governor of Busia County, appoint the persons named in the first column of the Schedule, to be members of the Busia County Executive Committee responsible for the matters respectively specified in the second column of the Schedule.

Name of Member

Responsibilities

Moses Osia Mwanje

Agriculture and Animal Resources

Leonard Wanda Obimbira

Finance and Economic Planning

Martin Kafwa

Land, Housing and Urban Development

Azida N. Ali

Education and Vocational Training

Maurice Peter Simiyu (Dr.)

Health and Sanitation

Gregory Joash Epus Odeke

Public Works, Transport and Disaster Management

Bernadette Muyoni

Labour, Public Service, I.C.T., Publicity and Intergovernmental Relations

Hillary Makhulu

Trade Co-operatives Tourism and Industry

Grace Matinde Mchuma

Community Development, Sports, Culture and Social Services

Bernard Krade Yaite

Water Environment and Natural Resources

Dated the 4th June, 2013.

SOSPETER OJAAMONG,
Governor, Busia County.



GAZETTE NOTICE NO. 7502
THE CONSTITUTION OF KENYA
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
GARISSA COUNTY EXECUTIVE COMMITTEE

APPOINTMENT

IN EXERCISE of the powers conferred by Article 179 (2) (b) of the Constitution as read with sections 30 (2) (d), (e) and 35 of the County Governments Act, 2012, and upon approval by the Garissa County Assembly in its session held on 28th May, 2013, I, Nathif Jama Adam, Governor of Garissa County, appoint the persons named in the first column, to be members of the Garissa County Executive Committee responsible for the matters respectively specified in the second column of the schedule.

SCHEDULE

Name of Member

Responsibility

Salah Yaqub Farah

Environment, Forestry and Tourism

Mukhtar Bulale

Health, Water Services and Sanitation

Idriss Aden Mukhtar

Finance and Economic Planning

Hussein Hajir Hassan

Education, Youth Polytechnic and Sports

Hajir Mohamed Dahiye

Commerce and Co-operative Development

Ahmed Aden Hire

Land, Housing Development and E Government

Hubbie Hussein

Agriculture, Livestock and Fisheries

Halima Mohamed Haji

Children Affairs, Social Welfare and Women Empowerment

Saphia Sheikh Omar

Culture and Intercommunity Affairs

Abdihakim Sheikh Dayib

Infrastructure and Public Works

Dated the 29th May, 2013.

NATHIF JAMA ADAM,
Governor, Garissa County .
MR/272060



GAZETTE NOTICE NO. 7503
THE NATIONAL LAND COMMISSION ACT
(No. 5 of 2012)
TASKFORCE TO DEVELOP RULES AND REGULATIONS
UNDER THE NATIONAL LAND COMMISSION ACT

APPOINTMENT

IT IS notified for the general information of the public that the Chairman of the National Land Commission has appointed a taskforce to develop rules and regulations under the National Land Act.

The taskforce shall comprise of the following members—

Abigail Mbagaya, National Land Commission—(Chairperson)

Members:

Rose Musyoka (Dr.) , National Land Commission.

Abdulkadir Khalif, National Land Commission.

Emma Njogu, National Land Commission.

Peter Musyimi, Kenya Law Reform Commission.

Peter Mwangi, Law Society of Kenya.

Nancy Kathiga, Ministry of Land, Housing and Urban Development.

Elizabeth Gicheha, Ministry of Land, Housing and Urban Development.

Charles N. Kagema, Ministry of Land, Housing and Urban Development.

Mwenda Makathimo, Land Sector Non State Actors.

Stephen O. Omengo, Institute of Surveyors of Kenya.

Christene K. Ileli, Attorney General’s Office.

2. The terms of reference of the taskforce are to—

(a) develop rules, regulations and guidelines to implement the National Land Commission Act; and

(b) identify any inconsistencies between the National land Commission Act and any other Acts of Parliament; and to propose the appropriate amendments.

3. The taskforce may co-opt such other persons, who possess the appropriate competencies as are necessary for the performance of the terms of reference.

4. The taskforce shall—

(a) prepare a detailed work plan;

(b) review any documents related to the terms of reference; and

(c) hold consultative meetings with professionals, land sector

stakeholders and the members of public.

5. The taskforce shall regulate its own procedure.

6. The taskforce shall submit weekly reports of the progress made the taskforce to the National Land Commission.

7. The Taskforce shall submit the final report to the National Land Commission within three months from the date of gazettement.

Dated the 28th May, 2013.

A. SWAZURI,
Chairman, National Land Commission.



GAZETTE NOTICE NO. 7827
THE WATER ACT
(No. 8 of 2002)
PUBLIC CONSULTATION ON REGULAR TARIFF REVIEW FOR ELDORET
WATER AND SANITATION COMPANY LIMITED

NOTICE is given to the general public in the area of Lake Victoria North Water Services Board, which has a license to provide water services in the counties of Kakamega, Bungoma, Busia, Vihiga, Trans Nzoia, Uasin Gishu, parts of Elgeyo-Marakwet and Nandi Counties, that it has applied to the Water Services Regulatory Board for a tariff review for Eldoret Water and Sanitation Company for the period 2013/14 to 2017/18. The Eldoret Water and Sanitation Company serves Eldoret Municipality and its environs.

Lake Victoria North Water Services Board proposes an upward tariff review to enable Eldoret Water and Sanitation Company to attain full cost recovery, undertake minor investments and meet conditions for improving service delivery.

Lake Victoria North Water Services Board proposes to adopt a rising block tariffs for all consumer categories except water kiosks.

Details of the current tariff and the proposed tariff can be obtained from www.lvnwsb.go.ke or www.eldowas.or or at Eldoret Water and Sanitation Company offices, along Kambi Somali Road, Eldoret town.

Written comments on improvements on service delivery and/or justified objections to the upward tariff review should be addressed to the Managing Director, Eldoret Water and Sanitation Company, P.O. Box 8418, Eldoret or info@eldowas.org or info@lvnwsb.go.ke.

The closing date for such comments shall be on 3rd July, 2013.

A public consultation meeting shall be held on 25th June, 2013 at the Eldoret Municipal Hall starting at 9.00 a,m. All members of the public within the service area of Eldoret Water and Sanitation Company are invited to attend.

Dated the 30th May, 2013.

GEORGE KWEDHO,
Chief Executive Officer,
Lake Victoria North Water Services Board.



GAZETTE NOTICE NO. 7828
THE CO-OPERATIVE SOCIETIES ACT
(Cap. 490)
CO-OPERATIVE TRIBUNAL SESSIONS

IN EXERCISE of the powers conferred by section 78 (3) of the Co-operative Societies Act, revised 2005, the Chairman, Co-operative Tribunal do notify the general public of the Tribunal’s calendar of sitting outside Nairobi, during the financial year 2013/2014 as follows.

Nyeri 5th to 9th August, 2013

Kakamega 26th to 30th August, 2013

Kisumu 23rd to 27th September, 2013

Mombasa 21st to 25th October, 2013

Embu 11th to 15th November, 2013

Kisumu 2nd to 6th December, 2013

Nyeri 20th to 24th January, 2013

Mombasa 17th to 21st February, 2014

Kakamega 24th to 28th March, 2014

Kisumu 21st to 25th April, 2014

Nyeri 19th to 23rd May, 2014

Kakamega 16th to 20th June, 2014

Dated the 3rd June, 2013.

M. T. KARIUKI,
Chairman, Co-operative Tribunal.
MR/2727031



GAZETTE NOTICE NO. 7454
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MUKURUMUDZI DAM
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.

The Proponent (Kwale International Sugar Company Ltd) is proposing to construct and operate an earth dam in Mivumoni Location, Msambweni, 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/2519357



GAZETTE NOTICE NO. 7834
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED DEVELOPMENT OF A PETROL FILLING
ON PARCEL NO. NAROMORU BLOCK 1 RAGATI/ 1528 IN
NYERI COUNTY

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.

The Proponent (Daniel K. Lekupe) intends to install three underground storage tanks of the capacity of 20,000litres, 10,000litres and 6,000 for Diesel, Super and Kerosene respectively, a fully automated filling system, loading and offloading area, Office block and fire fighting system and other associated civil and electrical works.

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

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

(a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.

(b) Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi.

(c) County Director of Environment, Nyeri 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/2519245



GAZETTE NOTICE NO. 7835
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 UPGRADING OF
ROAD C79 - LERATA – WAMBA – KISIMA LOCATED IN
SAMBURU AND NANYUKI COUNTIES

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed development of upgrading of road C79 - Lerata – Wamba – Kisima located in Samburu County and Nanyuki County.

The Proponent (Kenya National Highways Authority P.O. Box 49712- 00100, Nairobi) of the proposed project is proposing to development of upgrading of road C79 - Lerata – Wamba – Kisima, to bitumen standard was carried out with full involvement and cooperation from project proponent, Kenya National Highway Authority (KeNHA), engineers, concerned stakeholders and the community members living in close proximity to the project 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, Samburu 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/2519331



GAZETTE NOTICE NO. 7836
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

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.

The Proponent (Fort View Spa and Resort Limited) is proposing to construct 288 apartments and 30 shops.

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

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

(a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.

(b) Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi.

(c) County Director of Environment, Makueni County.

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

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/2727008



GAZETTE NOTICE NO. 7837
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 NIOBIUM AND ASSOCIATED
RARE EARTHS PROCESSING PLANT IN MRIMA HILL, KWALE COUNTY

INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project.

The Proponent (Cortec Mining Kenya Limited of P. O. Box 28411- 00200 Nairobi) intends to construct a processing plant for Niobium and associated rare earths at a site near the mining area in Mrima Hill.

The proposed plant will involve the construction of the following structures:-

• Process plant occupying an area of 700m X 300m with a roof height of about 20m including a Hydrochloric acid generation and recycling facility.

• A 600,000 liter Water Tank Farm occupying an area of 150m X 250m.

• Final Concentrator Building occupying an area of 150m x 60m.

• Workshops occupying an area of 150m x 200m.

• Stores occupying an area of 60m x 200m.

• Administration Centre occupying an area of 60m x 200m.

· Fuel tanks, Power Generator building, a 5 MW Diesel Power Station Machinery Yard and Repair Bay occupying an area of 150m x 200m.

• Slurry and Waste Dumps with Water Recovery Dams.

• The TSF (maximum height of 53 m).

• The Waste Rock Dump (maximum height of 30 m).

• Perimeter fence and other security fences.

The total plant area footprint measures approximately 460,000m2.

The plant will operate 24 hours per day, six days per week allowing one day per week for maintenance

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

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

(a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.

(b) Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi.

(c) County Director of Environment, 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.

B. M. LANGWEN,
for Director-General,
National Environment Management Authority.
MR/2519242