December 2013 - Legal Notices

226-Universities Act (Charter for Maasai Mara University), 2013

226-Universities Act (Charter for Maasai Mara University), 2013

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225-Universities Act (Charter for Kisii University), 2013

225-Universities Act (Charter for Kisii University), 2013

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223-Medical Practioners Displinary Proceedings Procedure Amendment Rules

223-Medical Practioners Displinary Proceedings Procedure Amendment Rules

20th December, 2013  
 
LEGAL NOTICE No. 223

THE MEDICAL PRACTITIONERS AND DENTISTS ACT
(Cap. 253)

IN EXERCISE of the powers conferred by section 23 of the Medical Practitioners and Dentists Act, the Cabinet Secretary for Health, in consultation with the Board, makes the following Rules —

THE MEDICAL PRACTITIONERS AND DENTISTS (DISCIPLINARY PROCEEDINGS) (PROCEDURE) (AMENDMENT) RULES, 2013

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222-Mining Prescription of Cement Minerals Levy Regulations, 2013

222-Mining Prescription of Cement Minerals Levy Regulations, 2013

20th December, 2013

LEGAL NOTICE No. 222

THE MINING ACT
(Cap. 306)

IN EXERCISE of the powers conferred by section 92 (1) (xxiv) of the Mining Act, the Cabinet Secretary for Mining makes the following Regulations—

THE MINING (PRESCRIPTION OF (CEMENT MINERALS LEVY) REGULATIONS, 2013

1. These regulations may be cited as the Mining (Prescription of Cement Minerals Levy Products) Regulations, 2013.

2. The cement producers shall pay a cement minerals levy at a rate of KES 140.00 per tonne of cement with effect from 1st January, 2014.

3. Legal Notice No. 187 of 16th August, 2013 shall not apply to cement producers mining or using limestone and other mineral raw materials used in cement manufacture.

Dated 18th December, 2013.

NAJIB BALALA,
Cabinet Secretary for Mining. 

221-Mining Prescription of Royalty Rates for Magadi Soda Products Regulations, 2013

221-Mining Prescription of Royalty Rates for Magadi Soda Products Regulations, 2013

20th December, 2013

LEGAL NOTICE No. 221

THE MINING ACT
(Cap. 306)

IN EXERCISE of the powers conferred by section 92 (1) (xviii) of the Mining Act, the Cabinet Secretary for Mining makes the following Regulations—

THE MINING (PRESCRIPTION OF ROYALTY RATES FOR MAGADI SODA PRODUCTS) REGULATIONS, 2013

1. These regulations may be cited as the Mining (Prescription of Royalty Rates for Magadi Soda Products) Regulations, 2013.

2. The royalty rates payable for Magadi Soda Products (Soda Ash, Salt and Crushed Refined Soda) with effect from the 1st July, 2013 shall be as follows;

From 1st July, 2013 to 30th June, 2015-2% of gross sales value;

From 1st July, 2015 to 30th June, 2017-3% of gross sales value;

From 1st July, 2017 to 30th June, 2019-4% of gross sales value;

From 1st July, 2019 and thereafter —5% of gross sales value.

3. Legal Notice No. 187 of 16th August, 2013 shall not apply to the Magadi Soda products.

Dated 18th December, 2013.

NAJIB BALALA,
Cabinet Secretary for Mining.

220-Mining Prescription of Royalty Rates for Flourspar Products Regulations, 2013

220-Mining Prescription of Royalty Rates for Flourspar Products Regulations, 2013

 20th December, 2013
 
LEGAL NOTICE No. 220
    
THE MINING ACT
(Cap. 306)

IN EXERCISE of the powers conferred by section 92 (1) (xviii) of the Mining Act, the Cabinet Secretary for Mining makes the following Regulations—

THE MINING (PRESCRIPTION OF ROYALTY RATES FOR FLOURSPAR PRODUCTS) REGULATIONS, 2013

1. These regulations may be cited as the Milling (Prescription of Royalty Rates for Flourspar Products) Regulations; 2013.

2. The royalty rates payable for Flourspar Products with effect from theist July, 2013 shall be as follows —

From 1st July, 2013 to 30th June, 2015-2% of gross sales value;

From 1st July, 2015 to 30th June, 2017-3% of gross sales value;

From 1st July, 2017 to 30th June, 2019-4% of gross sales value;

From 1st July, 2019 and thereafter —5% of gross sales value.

3. Legal Notice No. 187 of 16th August, 2013 shall not apply to the Flouspar products.

Dated 18th December, 2013.

NAJIB BALALA,
Cabinet Secretary for Mining.

 

219-National Transport Operation of Public Service Vehicles Regulations

219-National Transport Operation of Public Service Vehicles Regulations

17th December, 2013

LEGAL NOTICE No. 219

THE NATIONAL TRANSPORT AND SAFETY AUTHORITY ACT
(No.33 of 2012)

IN EXERCISE of the powers conferred by section 54 of the National Transport and Safety Authority Act, the Cabinet Secretary for Transport and Infrastructure, in consultation with the Board, makes the following Regulations —

THE NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2013

Citation.
1.  These Regulations may be cited as the National Transport and Safety Authority (Operation of Public Service Vehicles) Regulations, 2013.

Interpretation.
2.  In these Regulations, unless the context otherwise requires

“Act” means the National Transport and Safety Authority Act, 2012;

“Appeals Board” means the Transport Licensing Appeal Board established under section 39 of the Act;

“Authority” means the National Transport and Safety Authority established under section 3 of the Act;

“Cabinet Secretary” has the meaning assigned to it under the Act;

“City” has the meaning assigned to it under the Urban Areas and Cities Act, No 13 of 2011;

“commuter service” means a transport service offered by a public service vehicle which commences and terminates its services within the boundaries of a City or other urban area or between such city or urban area and its satellite towns;

“corporate body” means a limited Liability Company registered under the Companies Act, Cap 486 and includes a cooperative society registered under the Cooperative Societies Act, Cap 490 and a society registered under the Societies Act.

“licence” means a licence issued by the Authority under the Act for the operation of a public service vehicle;

“licensee” means a person to whom a license is issued under the Act;

"long distance passenger service" means a transport service, other than a commuter service, offered by a public service vehicle;

"long distance night time passenger service" means a passenger service, other than a commuter service, offered by a public service vehicle registered to operate from or after the hours of 6 pm or whose scheduled time of arrival at its destination is after 9 pm;

"owner" means the registered owner of the public service vehicle;

"operator" means the corporate body with operational responsibility over the public service vehicle on a day to day basis either as the registered owner of the vehicle or pursuant to the terms of a contract or franchise agreement with the registered owner of the vehicle;

"Public Service Vehicle" has the meaning assigned to it under the Act;

"satellite town" means a town that serves as a place of residence for a large number of persons who commute regularly to a neighbouring city or urban area;

"Third Party Motor Vehicle Insurance" means an insurance policy by that name issued in respect to a public service vehicle pursuant to the provisions of the Third Party Motor Vehicle Insurance Act, Cap.405 ;

"urban area" has the meaning assigned to it under the Urban Areas and Cities Act, 2011.

Application of the Regulations Public Service Vehicle to be Licensed.
3. (a) These Regulations shall apply to all public service vehicles operating on a public road in Kenya.

Conditions to be met by applicants.
4. A person shall not operate a public service vehicle without a valid license issued by the Authority.

Conditions to be met by applicants.
5. (1) A person desirous of operating public service vehicles shat be a member of a body corporate which shall—

(a) be licensed to operate if the body corporate owns a minimum of thirty serviceable vehicles registered as public service vehicles or in respect to which an application for a licence has been or is to be lodged with the Authority;

(b) have in its employment a staff complement which must include at a minimum-

(i) a driver in respect to each public service vehicle;

(ii) an inspector for each route on which the public service vehicle is intended to operate;

(iii) an office manager,

(iv) an accounts clerk; and

(v) a qualified mechanic or a contract under which the services of a mechanic are outsourced;

(c) have in place a code of conduct approved by the Authority governing its employees, agents and sub-contractors;

(d) have in place a documented management system, safety management system based on ISO 39001:2012 "Road Traffic Safety Management Systems" or equivalent and customer complaints handling system;

(e) comply with labour laws and regulations including in respect to statutory deductions, health and safety of the workplace, Work Injuries Benefits Act insurance, statutory leave days and written contracts of employment for staff; and

(f) where it operated public service vehicles in the immediately preceding calendar year fully complied with the requirements of these regulations in the immediately preceding year.

(2) The Authority may-

(a) refuse to issue a public service vehicle licence to an applicant who fails to comply with any of the minimum conditions stipulated in sub-regulation (1); or

(b) at its discretion issue a licence conditional on the requirement that the applicant demonstrates compliance within a stipulated period failing which the licence shall be withdrawn upon the expiry of the stipulated period.

Documents to be submitted with the application.
6. A person applying for a licence shall submit to the Authority certified copies of-

(a) certificate of registration as a company under the Companies Act, Cap 486 or a cooperative society under the Cooperative Societies Act, Cap 491;

(b) a list of its directors and senior management officers;

(c) a lease or certificate of ownership of the head office from which it is operating or intends to operate the public service vehicle business;

(d) audited accounts in respect of the immediate preceding financial year;

(e) Personal Identification Number certificate issued by the Kenya Revenue Authority;

(f) a tax compliance certificate issued by the Kenya Revenue Authority;

(g) where the vehicle was previously operated by a licensee other than the operator applying for its licensing, a letter of no objection issued by the previous licensee; -

(h) a description of the operator's management system, safety management system and customer complaints handling system;

(i) an inventory of the equipment and facilities available to the operator for the operation of the passenger transport service;

(j) the code of conduct for the employees, agents and sub-contractors;

(k) a list of the staff it has in its employment and their job descriptions and qualifications;

(l) the contracts of the drivers of the public service vehicle in respect to which the application for the licences is being made;

(m) the driving licence, identity card, and certificate of good conduct of each person who shall drive the public service vehicles in respect to which the application for the licences is being made;

(n) a valid certificate of roadworthiness issued by the Authority of each vehicle in respect to which an application is being made;

(o) the certificate of ownership or other evidence of ownership in the name of the owner of the vehicle or a contract or franchise agreement between the applicant and the operator or intended operator of the vehicle; and

(p) the current third party insurance with an insurer which meets minimum conditions prescribed by the Authority.

Operation of PSV vehicles.
7. Every operator of licensed public service vehicles shall -

(a) display at a conspicuous place on the vehicle a sticker or an identification mark approved by the Authority;

(b) ensure that the driver and conductor, if any, wears the prescribed uniform and identification badge while at work;

(c) the driver of the vehicle adheres to the approved routes, schedule and drop off and pick up points;

(d) ensure that passengers are treated courteously;

(e) ensure that music played does not exceed the prescribed limits in the course of the journey;

(f) ensure that passengers are issued with tickets or receipts for fare paid and, as from the 1st July, 2014, it operates a cashless fare system;

(g) report any accidents involving their vehicles immediately to the relevant authorities;

(h) on a weekly basis and, in the case of a long distance passenger service, before the commencement of each journey, have the vehicle inspected by a qualified mechanic for defects according to a check list which shall cover at a minimum tyres, lights, safety belts, brake pads, wipers, and warning horn;

(i) keep a record of the defects identified during the defects inspection for a minimum period of six months and of the actions taken to rectify the defects;

(j) boldly display at the front, rare and sides of the vehicle the name of the Sacco or company under which the vehicle operates; and

(k) ensure that no vehicle is transferred from one Sacco or company to another without the approval of the Authority.

Reporting.
9. Every operator of a public service vehicle shall submit a report to the Authority on a quarterly basis with particulars of-

(a) any accidents in which any of the vehicles it is operating may have been involved during the reporting period and shall attach a certified copy of the report of its investigation of the cause of each accident and action taken in respect to each accident;

(b) the number and nature of passenger complaints received during the reporting period and action taken in respect to each complaint;

(c) any members who have ceased to be its members during the reporting period, if any;

(d) the vehicles which may have been added or removed from the list of vehicles it is operating during the reporting period;

(e) any drivers who may have ceased to be employees during the reporting period and the reasons; and

(f) the traffic offences committed by the drivers during the reporting period and the penalties imposed against the body, the drivers or other employees during the reporting period.

Commuter.
10. Every operator of a commuter service vehicle shall ensure Commuter that a driver, conductor or any other staff member employed to work in the vehicle-

(a) does not work for a period longer than eight hours in any twenty four hour period;

(b) receives a regular salary and is not paid a commission based Oh the number of trips made per day;

(c) does not tout, make loud noise or harass passengers or other persons in, or awaiting to board a vehicle;

(d) at all times only picks up and drops off passengers at designated bus stops; and

(e) complies with the by-laws or County legislation of the County or city or urban area within which the vehicle is registered to operate.

Long distance passengers PSVs.
11. (1) A person shall not operate a long distance night time passengers PSVs passenger service vehicle without a valid license issued by the Authority.

(2) A person applying for a long distance night passenger service licence shall specify-

(a) whether the service is intended to be offered during the day only; or

(b) during both daytime and night time.

Operation of long distance passenger service.
12. Every operator of a long distance passenger service vehicle distance passenger shall-

(a) have in place or outsource a fleet management system capable of recording speed and location of the vehicle at any one time;

(b) subscribe to a data storage system capable of storing data on vehicle speed, location and operation for a period of thirty days and when required by the Authority provide the data to the Authority before the expiry of the prescribed storage period;

(c) before the commencement of each journey arrange for the taking of a passenger manifest.

(d) operate or subscribe to an outsourced control centre;

(e) ensure that, except for small parcels and letters, the long distance passenger vehicle does not carry cargo other than luggage accompanying a passenger travelling on the bus and carried either as hand luggage to be placed in the overhead lockers on board the bus or in the hatch under the vehicle;

(f) ensures that, except for courier services, the long distance passenger vehicle does not operate as a commercial cargo carrier and does not have a cargo carrier mounted on the roof; and

(g) ensure or subscribe to an accident and emergency mutual aid system.

Conditions for nighttime long distance passenger services
13. Every operator of a nighttime long distance passenger service shall-

(a) employ drivers certified by the Authority to drive on the particular route or routes at night time and meets conditions imposed by the Authority;

(b ensure that no driver driving a long distance night time passenger public service vehicle works for a period exceeding eight hour night in a shift;

(c) ensure that a person driving a long distance night time passenger service takes a break of a minimum of eight hours before the next night shift;

(d) plan the journey in a manner that allows for a thirty minute refreshment break for both the driver and passengers at an appropriate location or facility every three to four hours in the course of the journey; and

(e) employ two drivers for each vehicle.

Insurance
14. A person shall take out an insurance cover for a public service vehicles where the Insurance company —

(a) is licensed by the Insurance Regulatory Authority under the Insurance Act to provide that category of insurance;

(b) submits to the Authority a report on claims made in respect to accidents involving public service vehicles it has insured and compensation paid in the immediately preceding year; and

(c) submits to the Authority its customer service charter and claims payment policy.

Appeals.
15. A person aggrieved by the decision of the Authority taken Appeals under these Regulations may within fourteen days of receiving the decision appeal to the Appeals Board.

Offences and penalties.
16. (1) A person who-

(a) operates a public transport vehicle without a valid licence issued by the Authority in respect to that vehicle;

(b) drives a public service vehicle in breach of any provision of these regulations; or

(c) provides false information to the Authority,

commits an offence and is liable, on conviction, to a fine not exceeding Fifty Thousand Shillings or to imprisonment for a term not exceeding one year or, both.

(2) The Authority may in addition to any other penalty prescribed under these Regulations-

(a) cancel or withdraw the licence of a public service vehicle operated by an operator who has been convicted of an offence under these Regulations;

(b) cancel or revoke the licence or certificate of a driver who has been convicted of an offence under these Regulations; or

(c) where it deems necessary order that all vehicles belonging to the SACCO or Company involved be subjected to inspection.

17. Regulation 12 shall come in to operation on the first day of February, 2014.

Dated the 16th December, 2013.

MICHAEL KAMAU,
Cabinet Secretary for Transport and Infrastructure.

218-National Police Service (Vetting) Regulations, 2013

218-National Police Service (Vetting) Regulations, 2013

16th December, 2013

LEGAL NOTICE No.218

THE NATIONAL POLICE SERVICE (VETTING) REGULATIONS, 2013

Arrangement of Regulations

1—Citation.
2—Interpretation.
3—Objectives and purpose of vetting.
4—Principles of vetting.
5—Public proceedings.
6—Conflict of interest.
7—Determination of suitability and competence.
8—Officers may retire voluntarily.
9—Powers of the Commission and panels.
10—Vetting panels.
11—Sequence of vetting.
12—Sittings of the Commission.
13—Officers to submit documents.
14—Vetting standards
15—Sources of information.
16—Information from the general public.
17—Service of notice.
18—Supply of information and response to complaints.
19—Default.
20—Failure to participate in vetting.
21—Provision of information by complainant.
22—Inherent powers of the Commission
23—Extension of time.
24—Powers of Commission in relation to service of documents.
25—Decisions of the Commission.
26—Absence of an officer.
27—Confirmation of appointment after vetting.
28—Commission may utilize services of public officers, etc.
29—Statement made by persons to a panel, etc.
30—Persons likely to be prejudicially affected to be heard.
31—Protection from personal liability.
32—Removal from the Service.
33—Review of decision.
34—Record of proceedings.

THE NATIONAL POLICE SERVICE ACT, 2011
(No. 11A of 2011)

IN EXERCISE of the powers conferred by section 124 of the National Police Service Act, the National Police Service Commission makes the following Regulations—

THE NATIONAL POLICE SERVICE (VETTING) REGULATIONS, 2013

PART I - PRELIMINARY

Citation.
1. These Regulations may be cited as the National Police Service (Vetting) Regulations, 2013.

Interpretation.
2. In these Regulations, unless the context otherwise requires—

"officer" means a member of the Service who is subject to vetting under section 7(2);

"panel" means a panel established by the Commission under regulation 10;

"vetting" means a process by which the Commission assesses the suitability and competence of an officer in accordance with section 7(2) of the Act.

PART II—APPLICABLE PRINCIPLES

Objectives and purpose of vetting.
3. The objective and purpose of the vetting process is to—

(a) build confidence and trust in the Service; and

(b) ensure that the Service complies with Chapter Six of the Constitution and the principles of public service as set out in Article 232 of the Constitution and in the Public Officer Ethics Act, 2003, No 3 of 2003.

Principles of vetting4. In conducting the vetting process, the Commission shall be guided by the following principles—

(a) subject to regulation 8, all officers of the Service shall undergo vetting, individually;

(b) the vetting process shall be implemented consistently and the same procedural principles shall be applied in all cases;

(c) vetting shall be done in accordance with the values and principles set out in Articles 10, 27, 47, 50 and 232 of the Constitution;

(d) vetting shall take into account the need to protect national security as defined in Article 238 of the Constitution;

(e) the Commission shall be guided by the principles and standards of impartiality, natural justice and international best practice;

(f) the vetting process shall not be bound by strict rules of evidence and the proof applicable shall be that of a balance of probabilities;

(g) vetting shall be done in a transparent manner allowing for the person undergoing vetting to know and assess the information that has been used by the Commission to reach its decision.

Public proceedings
5. (1) The vetting process shall be open to the public provided that the Commission may decide to hold in camera proceedings in order to protect the right of privacy of any person in the vetting process or if it is in the interest of justice or national security.

(2) An officer subject to vetting may apply for the proceedings to be held in camera on any of the grounds listed in sub-regulation (1), and the Commission shall determine whether to grant such application or not.

Conflict of interest.
6. (1) A member of a panel shall declare any interest the member has with respect to any officer in whose vetting the member is involved.

(2) Where—

(a) a member of the panel discloses that the member is subject to a conflict of interest in relation to any officer to be vetted; or

(b) it is disclosed by any person that there exists conflict of interest with respect to any member, the Commission shall determine whether such interest may interfere with its deliberations as to the suitability or competence of the officer in question and where the Commission determines conflict of interest thereof, the panel member shall withdraw from the deliberations of the Commission in respect of that officer.

Determination of suitability and competence.
7. The Commission shall, while determining the competence and suitability of an officer, consider the officer's record, conduct and performance in the present position and in any other previous position.

8. (1) An officer may decide to voluntarily retire from the Service before being vetted and shall inform the Commission of the decision to retire, in writing.

(2) An officer who has voluntarily retired under paragraph (1) shall not be vetted.

PART III—THE VETTING PROCESS

Powers of the Commission and panels.
9. (1) The Commission and every panel established under regulation 10 shall have all the powers necessary for the execution of its functions under the Act and these Regulations.

(2) Without prejudice to the generality of paragraph (1), the Commission and the panel shall have the power to—

(a) gather relevant information, including requisition of reports, records, documents or any information from any source, including governmental authorities, and to compel the production of such information as and when necessary;

(b) interview any individual, group or members of organizations or institutions;

(c) hold inquiries for the purposes of performing its functions under the Act or these Regulations; and

(d) conduct investigations to establish the veracity of information received.

(3) In the performance of its functions, the Commission and the panel—

(a) may inquire on any issue in such manner as it deems fit; and

(b) may receive on written or oral statements on oath.

(4) The Commission may make any orders for the purpose of preserving, inspecting, staying and preventing the wastage, damage, alienation, sale, removal, or disposition of any property or evidence relating to any proceedings before it.

Vetting panels.
10. (1) The Commission may, in order to ensure expeditious disposal of matters, constitute such number of panels and comprising such  persons as the Commission shall determine.

(2) The Commission may establish panels comprising such number of its members and co-opted persons as it may deem necessary for the purpose of determining applications for review under regulation 33.

Sequence of vetting.
11. The Commission shall determine the sequence of the vetting process.

Sittings of the Commission and Panel.
12. The Commission or a panel may sit at such times and place as the Commission or the panel, as the case may be, shall determine.

13. An officer shall within such period as the Commission may determine submit documents as required by the Commission including—

(a) a self-assessment form as prescribed by the Commission;

(b) the officer's national identity card;

(c) the officer's certificate of appointment;

(d) academic certificates;

(e) a duly completed declaration of income, assets and liabilities;

(f) bank statements for the previous two years of all bank accounts, personal and business, that the officer, the officer's spouse and dependents under the age of eighteen have maintained;

(g) a certificate of tax compliance; and

(h) any other document that the Commission may deem fit and necessary for the furtherance of the vetting process.

Vetting standards.
14. (1) In vetting an officer, the Commission shall consider, assess and determine the suitability and competence of the officer.

(2) The Commission shall, in determining the suitability and competence of an officer, consider —

(a) whether the officer meets the constitutional or other criteria required by law for recruitment and appointment of an officer;

(b) the past record of an officer including conduct, discipline and diligence;

(c) the integrity and financial probity of the officer; and

(d) the human rights record of the officer.

Sources of information.
15. (1) The Commission shall request for, and may use information received from the public and any other source, including—

(a) individual citizens;

(b) the Law Society of Kenya;

(c) the Ethics and Anti-Corruption Commission;

(e) the office of the Director of Public Prosecutions;

(f) the Public Complaints Standing Committee;

(g) the Kenya National Human Rights Commission;

(h) the Commission on Administrative Justice;

(i) the Independent Policing Oversight Authority;

(j) the National Gender and Equality Commission;

(k) the National Intelligence Service;

(l) the National Police Service;

(m) a Commission of Inquiry appointed under the Commissions of Inquiry Act, or a report thereof;

(n) civil society organisations;

(o) Parliament; or

(p) any other source, body or organisation.
 
(2) The Commission shall specify the period within which every person or body referred to in paragraph (1) shall confirm the existence of any complaint or other relevant information filed with such person or body against an officer.

Information from the general public.
16. (1) Information from members of the public may be—

(a) oral or written;

(b) received by the Commission in public, in camera or delivered anonymously.

(2) The Commission shall determine the usefulness of the information towards assessing the suitability and competence of an officer.

Service of notice.
17. (1) Any notices issued by the Commission under these Regulations shall be served upon an officer through-

(a) personal service; or

(b) any other manner which the Commission considers appropriate.

(2) A copy of the notice and record of its service shall be placed in the file of the officer concerned.

Supply of information and response to complaints.
18. (1) An officer shall fully and truthfully supply all information required regarding the officer's suitability and competence.

(2) Where a complaint or any adverse information is received by the Commission against an officer, a summary of the complaint including any relevant documentation pertaining to that complaint as received by the Commission, and on which the Commission intends to rely in the process shall be served upon the officer.

(3) Where a summary of the complaint is served upon an officer, the officer shall lodge a response to the complaint within the period specified by the Commission in the notice.

(4)The response shall contain a summary of the material facts and any relevant documents and information on which the officer wishes to rely on in response to the complaint.

Default.
19. An officer is in default, if the officer fails to—

(a) comply with a notice of the Commission or a panel of the Commission;

(b) file or serve a document as directed by the Commission or as required by these Regulations; or

(c) do any act required to be done by these Regulations.

Failure to participate in vetting.
20. Where an officer willfully refuses to attend the vetting process by—

(a) failing to appear before the Commission; or

(b) failing to obey an order of the Commission in respect to the vetting process,

and as the result the vetting process becomes compromised or impaired, the Commission shall treat such officer as having failed the vetting process and shall remove the officer from the Service.

Provision of information by complainant.
21. A person who has lodged a complaint against an officer may be required to furnish additional information to the Commission.

Inherent powers of the Commission.
22. Nothing in these Regulations shall limit or otherwise affect the inherent powers of the Commission either to make such orders as may be necessary for the fair and expeditious disposal of a case or to do justice to the parties or to prevent an abuse of its process.

Extension of time.
23. A time fixed by these Regulations or by any decision of the Commission may be extended with the leave of the Commission.

Powers of Commission in relation to service of documents.
24. Nothing in these Regulations shall affect the power of the Commission, if the interest of justice requires, to—

(a) authorize service of a document in a manner not expressly provided for in these Regulations; or

(b) find that a document served in a manner not expressly provided in these Regulations has been duly served.

Decisions of the Commission.
25. (1) At the conclusion of the vetting the Commission shall make a decision as to whether or not the officer vetted was found suitable and competent for continued service.

(2) Decisions of the Commission shall be made by consensus or a majority vote.

(3) In the event of equality of votes, the Chairperson shall have a second casting vote.

(4) Decisions shall be recorded in writing, signed by all Commissioners who decided the matter and sealed with the common seal of the Commission.

(5) Where a Commissioner is unable to sign the decision, the reason for inability shall be recorded, and the decision signed by the other Commissioners.

(6) Decisions of the Commission shall first be communicated to the concerned officer before being made public.

(7) An officer who has been determined to be unsuitable or incompetent shall be provided with the written decision including the reasons for the decision.

Absence of an officer.
26. Where an officer is for any justifiable cause unable to continue participating in the vetting process, the Commission shall make note of that fact and allow the officer to participate in the process as soon as the officer is able to do so.

Confirmation of appointment after vetting.
27. The Commission shall in accordance with Article 246 (3) (a) of the Constitution issue a certificate of confirmation of appointment to an officer who is found suitable and competent to work in the Service.

Commission may utilize services of public officers, etc.
28. (1) The Commission may, for purposes of conducting an investigation on any matter alleged or otherwise brought to its attention, utilize the services of any officer, investigation agency of the Government or any expert as it considers necessary.

(2) For the purpose of investigating into any matter, an officer, agency or other person whose services are utilized under paragraph (1) may, subject to the direction and control of the Commission—

(a) require the attendance of the person and interview that person;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

(3) The provisions with respect to exemption from liability shall apply in relation to any statement made by a person before any officer or agency whose services are utilized under paragraph (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.

(4) The officer or agency whose services are utilized under paragraph (1) shall submit a report to the Commission within such period as may be specified by the Commission.

(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under paragraph (4) and for this purpose the Commission may make such inquiry, including the examination of the person or persons who conducted or assisted in the investigation, as it considers fit.

Statement made by persons to a panel, etc.
29. (1) A statement made by a person in the course of giving evidence  
Commission before the Commission in the vetting process shall not subject that person to, or to be used against that person in, any-civil-or criminal proceeding, except in a prosecution for giving false evidence by such statement:

(2) The statement under paragraph (1) shall be—

(a) made in reply to the question which the person is required by the Commission to answer; or

(b) relevant to the subject matter of the inquiry.

Persons likely to be prejudicially affected to be heard.
30. If at any stage of the vetting process, the Commission—

(a) considers the conduct of any person is relevant and that it is necessary to inquire into the conduct of that person; or

(b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the proceedings of the panel, the panel shall give that person reasonable opportunity to be heard before the Commission.

Protection from personal liability.
31.(1) An employee or any person acting or discharging duties or functions of a panel shall not be personally liable to any civil action or other proceedings for damages on account, or in respect, of any act committed or omitted to be done in good faith.

(2) This regulation shall not relieve the Commission from any liability to any person for any wrongful act or omission of the Commission or a panel.

Removal from the Service.
32. (1) An officer who is found unsuitable or incompetent shall be removed from the Service.

(2) An officer removed from the Service under paragraph (1) shall be entitled to benefits as if the officer had retired from the Service and in accordance with the relevant labour laws.

Review of decision.
33. (1) An officer who has been found unsuitable or incompetent  may, within seven days after being informed of the decision, request for a review of the decision by the Commission.

(2) The Commission shall not grant a request for review unless the request is based—

(a) on the discovery of a new and important matter which was not within the knowledge of, or could not be produced by the officer at the time the determination or finding sought to be reviewed was made, provided that the lack of knowledge on the part of the officer was not due to lack of due diligence;

(b) on some mistake or error apparent on the face of the record; or

(c) on any reason the Commission considers just and proper.

(3) A request for review shall act as a stay of the decision of the Commission, but the officer in question shall proceed on leave for the duration of the review.

(4) The Commission may, upon review, confirm or reverse its earlier decision.

Record of proceedings.
34. The Commission shall cause to be made and kept an accurate record of its proceedings.

Made on the 16th December, 2013.

JOHNSTON KAVULUDI
Chairperson, National Police Service Commission.

217-Traffic Rules Speed Governor for PSV, 2013

217-Traffic Rules Speed Governor for PSV, 2013

16th December, 2013

LEGAL NOTICE No. 217

THE TRAFFIC ACT
(Cap. 403)

THE TRAFFIC RULES

SPEED GOVERNOR FOR PUBLIC SERVICE VEHICLES AND COMMERCIAL VEHICLES WITH TARE WEIGHT OF OVER 3048 KG

PURSUANT to Rule 41A (i), (b) (i) of the Traffic Rules, the Cabinet Secretary for Transport and Infrastructure approves Speed Governors conforming to the Kenya Bureau of Standards specifications listed in the schedule to be fitted in –

(i) all public vehicles and
(ii) all commercial service vehicles with tare weight of 3408 Kgs and above

having been tested and approved by the Kenya Bureau of Standards and the Chief Mechanical and Transport Engineer as competent speed limiter.

SCHEDULE

KS 2295-1-2011
Ks 2295-2-2011

Gazette Notice No. 10699 is revoked

Dated the 2nd December, 2013

M.S.M. KAMAU,
Cabinet Secretary for Transport and Infrastructure

216-Traffic Act Jiutong Exemption, 2013

216-Traffic Act Jiutong Exemption, 2013

16th December, 2013

LEGAL NOTICE No. 216

THE TRAFFIC ACT
(Cap 403)

EXEMPTION

IN EXERCISE of the powers conferred by section 120 of the Traffic Act, the Cabinet Secretary for Transport and Infrastructure exempts the following vehicles, described by reference to Chassis Number, Make and Type as shown in the Schedule, from the provisions of section 55(2) of the Traffic Act with effect from the 19th November, 2013

SCHEDULE

chassis No.

Make

Type

LA9D89GT1CDWAC149

JIUTONG

Skeletal

LA9D89GT3CDWAC153

JIUTONG

Skeletal

LA9D89GT1CDWAC152

JIUTONG

Skeletal

LA9D89GT8CDWAC150

JIUTONG

Skeletal

Dated 2nd December, 2013

M.S.M. KAMAU
Cabinet Secretary for Transport and Infrastructure.

 

 

215-Traffic Exemption, 5th December 2013

215-Traffic Exemption, 5th December 2013

5th December, 2013  

LEGAL NOTICE No. 215

TRAFFIC ACT
(Cap. 403)

EXEMPTION

IN EXERCISE of the powers conferred by section 120 of the Traffic Act, the Cabinet Secretary for Transport and Infrastructure exempts the following vehicles, described by reference to Chassis Number, Make and Type as shown in the Schedule, from the provisions of section 55(2) of the Traffic Act with effect from the 19th November, 2013.
 
Chassis                                 Make             Type

No SV I30201                        Vishkarma         Flat Bed
SV 1312013                          Vishkarma         Flat Bed
LA99T4RMXDOJHP032           LWH                  Low Loader
LA99T4RM5DOJHP035           LWH                  Low Loader
LA99T4RM7DOJHP036           LWH                  Low Loader
LA99T4RM9DOJHP037        LWH            Low Loader
LA99T3RKIDOJHPO39        LWH             Extendable Flat Bed
LA99T3RKXDOJHP038        LWH            Extendable Flat Bed
CME 0551 – 2013             CMC            Low Loader
CME 0486 – 2012             CMC            Low Loader
CME-0568 – 2013             CMC            Flat Bed
LXGCPA415DA005330         XCMG               Crane
LXGCPA417DA005331        XCMG            Crane
LXGCPA419DA005332        XCMG            Crane
LXGCPA419DA005333        XCMG            Crane
LXGCPA414DA005335         XCMG            Crane
LA939VRTODOAJA045         Windmill        Skeletal
LA939VRT2DOAJA046        Windmill        Skeletal
LA939VRT4DOAJA047        Windmill        Skeletal
WGOTHPS67D0036225        Goldhofer        Flat Bed
WGOTHPS65D0036224         Goldhofer        Flat Bed
ACL3006071095                 Local            Low Loader
ACL3006071096                 Local            Low Loader
LA9940236DACHG049        Benben             Flat Bed
LA9940232DACHG050        Benben             Flat Bed
1.A9940234DACHG051        Benben             Flat Bed
A2221-01603C                   Hyster            Container Reach Stacker
20120121                          XCMG             Crane-QY 50B
X14740002012109            Tianjie            Low Loader
TTCC859130513                Transtrailers  Car Carrier
KG9SL8F4H7K001001        Sheladot        Low Loader (Semi Trailer)
SCMTT865BRSU82072        Grove            Mobile Crane        
782558                             Bhachu            Low Loader

Dated 22nd November, 2013
M. S. M. KAMAU, Cabinet Secretary.