Gazette Vol CXV No. 180-Dated 27th December 2013

The Constitution of Kenya–Corrigendum 
The Children Act–Revocation of Appointment
The County Governments  Act—Appointments
The Competition Act
The Land Registration Act—Issue of Provisional Certificates
The National Treasury–Statement of Actual Revenue and Net Exchequer Issues
The Elections Act–Voter Polling Station for the By-election
The Kenya Information and Communications Act–Mobile Operator Quality of Service Performance Assessment report for Financial Year 
The Co-operative Society–Appointment of Liquidators 
The Civil Aviation Act–Decisions of the Kenya Civil Aviation Authority on Applications for Air Service Licences 
The Standards Act–Declaration of Kenya Standards 
The Companies Act–Intended Dissolution
The Bankruptcy Act–Receiving Order and First Creditors Meeting
The Environmental Management and Co-ordination Act—Environmental Impact Assessment Study Reports 
Loss of Policies 
Change of Names 


Selected Gazette Notices

GAZETTE NOTICE NO. 15636
THE CONSTITUTION OF KENYA, 2010
APPOINTMENT OF CABINET SECRETARIES
CORRIGENDUM

IN Gazette Notice No. 6466 of 2013, amend the name of the last name in the list of Cabinet Secretaries to read as follows:
PHYLLIS JEPKOSGEI KIPING’OR KANDIE

Dated the 17th December, 2013.

UHURU KENYATTA,
President.


GAZETTE NOTICE NO. 15637
THE CHILDREN ACT
(No. 8 of 2001)
REVOCATION OF APPOINTMENT

IN EXERCISE of the powers conferred by section 31(1) of the Children Act, the Cabinet Secretary for Labour, Social Security and Services revokes the appointment of —
Under Paragraph (j)—
Philista Onyango*
Fatuma Kinsi*
George Okado*
Collins Okeyo*
Inviolata Mmbwavi*
Jemimah Kambe Tuja*
Under Paragraph (k)—
Peter Nzimbi*
Vincent Wambugu*
Mohammed Sheik*
Under Paragraph (l)—
Raliya Osman Araru**
Marila Chao Mwakio**
as members of the National Council for Children’s Services, with effect from the 30th September, 2013.

Dated the 17th December, 2013.

S. K. KAMBI,
Cabinet Secretary for Labour, Social Security and Services.
*G.N. 13476/2009 and **G.N. 7313/2011


GAZETTE NOTICE NO. 15638
THE CHILDREN ACT
(No. 8 of 2001)
REVOCATION OF APPOINTMENT

IN EXERCISE of the powers conferred by section 155(1) and the Ninth Schedule to the Children Act, the Cabinet Secretary for Labour, Social Security and Services revokes the appointment of—

Under Paragraph (b)—
John Ondeche*
Anthony Mulongo*
Mary Musyoka*

Under Paragraph (c)—
Christopher Maina (Dr)*

Under Paragraph (d)—
Loice Mutai*
Under Paragraph (e)—
Faith Waigwa (Dr.)*

as members of the Adoption Committee, with effect from the 30th September,2013.

Dated the 17th December, 2013.

S. K. KAMBI,
Cabinet Secretary for Labour, Social Security and Services.
*G.N. 13475/2011.


GAZETTE NOTICE NO. 15639
THE CHILDREN ACT
(No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 155(1) and the Ninth Schedule to the Children Act, the Cabinet Secretary for Labour, Social Security and Services appoints —

Under Paragraph (a)—
Ahmed Hussein

Under Paragraph (b)—
Saad Khairallah
Benson Nasongo
Anne Kyoya
Leah Mamicha

Under Paragraph (c)—
Poly Okello

Under Paragraph (d)—
Zipporah Gatheru

Under Paragraph (e)—
Rose Mbanya

Under Paragraph (f)—
Stella Orina

Under Paragraph (g)—
Mariam Adam
to be  members of the Adoption Committee for a period of three (3) years, with effect from the 1st November, 2013.

Dated the 17th December, 2013.

S. K. KAMBI,
Cabinet Secretary for Labour, Social Security and Services.


GAZETTE NOTICE NO. 15640
THE CHILDREN ACT
(No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 31(1) of the Children Act, the Cabinet Secretary for Labour, Social Security and Services appoints —

Under Paragraph (b-i)—
Philip Yator
Patrick O. Amoth (Dr.)
Mariam Musyoki
Mary Wang’ele
Beatrice Nduta

Under Paragraph (j)—
Tim Ekesa
Daniel Kinoti Mungatia
Emmah Wacira
Mercy Musomi
Adan Abdullah Hussein
Dorothy Onyango

Under Paragraph (k)—
David Ng’ang’a
Vincent Wambugu
Mahamoud Sheikh

Under Paragraph (l)—
Adan Omar Hamza
Caroline Wandia Evans (Dr.)
Under Paragraph (l)—
Ahmed Hussein
to be members of the National Council for Children’s Services for a period of three (3) years, with effect from the 1st November, 2013.

Dated the 17th December,  2013.

S. K. KAMBI,
Cabinet Secretary for Labour, Social Security and Services.


GAZETTE NOTICE NO. 15641
THE COUNTY GOVERNMENT ACT
(No. 17 of 2012)
TANA RIVER COUNTY
APPOINTMENT

PURSUANT to constitution of Kenya article 235 (2) and (6) and section 56 and 58 of the County Government Acts 2012, the Governor, Tana River County appoints the following persons to the County Public Service Board—

Milkah Hankola Karhayu—Member
Eunice Muyoka Juma—Secretary

Dated the 21st December, 2013.

T. H. DADO,
Governor, Tana  River County.


GAZETTE NOTICE NO. 15642
THE CONSTITUTION OF KENYA
THE COUNTY GOVERMENTS ACT
(No. 17 of 2012)
MAKUENI COUNTY ASSEMBLY SERVICE BOARD
APPOINTMENT

IN EXERCISE of the powers conferred by section 12 of the County Governments Act 2012, the Makueni County Assembly has appointed the following as Secretary of the County Assembly Service Board effective from 20th June, 2013.

Name                         Responsibilities
Edward Libendi         Interim Clerk of the County Assembly and Secretary to the County Assembly Service Board

The appointment of Mr. Robert Mwalu Musyoka vide Gazette Notice No. 8287 of 21st June, 2013 is revoked.

Dated the 4th December, 2013.

STEPHEN NGELU,
Speaker.


GAZETTE NOTICE NO. 15643
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION OF VOTING  AND VETO RIGHTS IN ETC GROUP (MAURITIUS) BY STANDARD CHARTERED PRIVATE EQUITY MAURITIUS III LIMITED, PRIF AFRIVEST LIMITED, CSSAF CONSUMER I

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, the Competition Authority authorises the proposed acquisition of voting and veto rights ETC Group (Mauritius) by Standard Chartered Private Equity Mauritius III Limited, Prif Afrivest Limited, CSSAF Consumer 1.

Dated the 17th December, 2013.

WANG’OMBE KARIUKI,
Director-General.


GAZETTE NOTICE NO. 15644
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION OF ALL THE BUSINESS AND ASSETS OF BUZEKI DIARY LIMITED BY BROOKSIDE DAIRY LIMITED

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, the Competion Authority authorises the prosposed acquisition of all business and assets of Buzeki Diary Limited by Brookside Dairy Limited

Dated the 17th December, 2013.

WANG’OMBE KARIUKI,
Director-General.


GAZETTE NOTICE NO. 15645
THE COMPETITION ACT
(No. 12 of 2010)
PROPOSED ACQUISITION OF SEVENTY PERCENT (70%) ISSUED SHARE CAPITAL IN FINA BANK (KENYA) LIMITED BY GUARANTY TRUST BANK PLC.

IN EXERCISE of the powers conferred by section 46 (6) (a) (ii) of the Competition Act, the Competition Authority authorises the Proposed Acquisition of Seventy percent (70%) Issued share capital in Fina Bank (Kenya) Limited by Guaranty Trust Bank Plc.

Dated the 17th December, 2013.

WANG’OMBE KARIUKI,
Director-General.


GAZETTE NOTICE NO. 15646
THE COMPETITION ACT
(No. 12 of 2010)
EXEMPTION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, the Competition Authority excludes the proposed acquisition of the mobile Money Agency Business of PEP Intermediaries Holdings Limited from the provisions of part IV of the Competition Act for the following reasons:
(i) The merger will not affect competition negatively; and
(ii) The combined turnover of the acquiring and target undertakings is KSh. 600,431,819 which is below the required merger threshold for mandatory notification.

Dated the 17th December, 2013.

WANG’OMBE KARIUKI,
Director-General.


GAZETTE NOTICE NO. 15647
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
THE TANA RIVER COUNTY ASSEMBLY
SPECIAL SITTING OF THE ASSSEMBLY

PURSUANT to standing order 26(3) of the Standing Orders of the County Assembly of Tana River, it is notified for the information of Members of the County Assembly of Tana River that a special sitting of the Assembly shall be held in the County Assembly Chamber in the County Assembly Buildings, Hola, on Saturday, 21st December, 2013 at 9.00 am for purposes of consideration of a Motion on the report on the approval of the member(s) and Secretary to the County Public Service Board of Tana River County Government.

Dated the 19th December,  2013.

NUH NASSIR,
 Speaker.


GAZETTE NOTICE NO. 15648
THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
THE KWALE COUNTY ASSEMBLY
SPECIAL SITTING OF THE ASSSEMBLY

PURSUANT to Standing Orders of the County Assembly of Kwale, it is notified for the information of Members of the County Assembly of Kwale that a special sitting of the Assembly shall be held in the County Assembly Chamber in the County Assembly Buildings, Kwale, on Friday, 27th December, 2013 at 10.00 am for purposes of consideration of a Motion on Debate and approval of Supplementary Budget, 2013 and approval of Policy Guidelines on disbursement of County Bursaries.

Dated the 23rd December,  2013.

S. M.  RUWA,
Speaker.


GAZETTE NOTICE NO. 15694
REPUBLIC OF KENYA
THE NATIONAL TREASURY
STATEMENT OF ACTUAL REVENUE AND NET EXCHEQUER ISSUES AS AT 29TH NOVEMBER, 2013

Details can be found in the Gazette notice.
 
 
Dated the 10th December, 2013.

HENRY K. ROTICH,
Cabinet Secretary,
National Treasury.


GAZETTE NOTICE NO. 15695
THE CONSTITUTION OF KENYA
THE ELECTIONS ACT
(No. 24 of 2011)
THE ELECTIONS (GENERAL) REGULATIONS, 2012
VOTER POLLING STATIONS FOR THE BY-ELECTIONS TO BE HELD ON 30TH DECEMBER, 2013

IN EXERCISE of the powers conferred by Articles 88 (4), and 101 (4),  of the Constitution of Kenya, Section 109 (1) (k),(l),(q) of the Elections Act, 2011 and Regulations 7 (1), (2) and (3), 8 (1), (2) and (3) of the Elections (General) Regulations, 2012, the Independent Electoral and Boundaries Commission gives notice that voting for the Nyaribari Chache Constituency By-election scheduled for 30th December, 2013 shall be conducted at the places listed in the respective schedules to this notice.

And that —
a) The respective Code to the County is listed in the First Column to the schedule.
b) The County name is listed in the Second Column to the schedule
c) The Constituency is assigned a Constituency Code number in the Third Column to the schedule. 
d) The Constituency name is specified in the Fourth Column to the schedule.
e) The respective codes to the County Assembly Wards are listed in the Fifth Column to the schedule.
f) Every County Assembly Ward is listed in the Sixth Column to the schedule.
g) The Polling Stations are specified in the Eighth Column to the schedule and are each assigned with distinguishing numbers specified as Polling Station Code in the Seventh Column to the schedule.
h) The Constituency is divided into Polling Centres and listed in the Eighth Column to the schedule.

POLLING STATIONS
Details can be found in the Gazette Notice.

Dated the 19th December, 2013.

A. I. HASSAN,
Chairperson,
Independent Electoral and Boundaries Commission.


GAZETTE NOTICE NO. 15696
THE CONSTITUTION OF KENYA
THE INDEPENDENT ELECTORAL AND BOUNDARIES ACT
(No. 9 of 2011)
THE ELECTIONS ACT
(No. 24 of 2011)
ELECTION (GENERAL) REGULATIONS, 2012
NOMINATED CANDIDATES FOR THE 30TH DECEMBER, 2013 BY-ELECTIONS

IN EXERCISE of the powers conferred by Articles 81,  85, 88 (4) (d), (f), (k), 97 (1) (a), 99, 101 (4) (b),  and  of the Constitution of Kenya, Section 4 (d) (k) of the Independent Electoral and Boundaries Commission Act, 2011, Sections 16, 22, 24, 26, 31, 32 and 33 of the Elections Act, 2011 Part III, and V, and Regulations 51 (2), (5) and (6) of the Elections (General) Regulations, 2012 the Independent Electoral and Boundaries Commission gives notice to the public that the persons listed in the 1st and 2nd Column to the respective schedules stand validly nominated for the Nyaribari Chache Constituency By-elections to be held on 30th December, 2013.

NOMINATED CANDIDATES
Names of nominated canditates are detailed in the Gazette Notice

Dated the 19th December, 2013.

A. I. HASSAN,
Chairperson,
Independent Electoral and Boundaries Commission.


GAZETTE NOTICE NO. 15697
THE KENYA INFORMATION AND COMMUNICATIONS ACT
(Cap. 411)
MOBILE OPERATOR’S QUALITY OF SERVICE PERFORMANCE ASSESSMENT REPORT FOR FINANCIAL YEAR 2012- 2013

The Commission continued to assess Quality of Service based on Eight (8) key quality of service parameter/ Indicator (KPI) targets set for the four mobile operators:  Safaricom (Kenya) Limited; Airtel Kenya Limited;  Essar Telecom (Kenya) Limited and Telkom Kenya Limited.

The results of the assessment undertaken during 2012/2013 are detailed in the Gazette.

Non-Compliance with the required Quality of service parameters constitutes a contravention of the conditions of the licence by the operators. Licensees who fail to remedy  the breach and persist in contravening their licence conditions shall, in accordance with Section 83A of the Kenya Information and Communications Act, Cap 411A, be liable to a penalty of Kenya Shillings Five hundred thousand (Kshs. 500, 000/-).

This publication is made pursuant to Section 6 of the Kenya Information and Communications (Compliance Monitoring, Inspection and Enforcement) Regulations, 2010.

The Publication of these results is for the benefit of consumers of the ICT services provided by the four firms as well as the general public.

Dated the 18th December, 2013.

MUTUA MUTHUSI,
for: Director-General.


GAZETTE NOTICE NO. 15698
THE CO-OPERATIVE SOCIETY
(Cap. 490)
APPOINTMENT OF LIQUIDATORS

WHEREAS I am of the opinion that the following Societies should be dissolved, pursuant to Sec 62(1) of the said Act, I cancel the registration of the said societies and order that they be liquidated and take notice that the order shall take effect immediately.

ANY MEMBER(S) of the Societies may within 30 days from the date of this Order appeal to the Honorable Cabinet Secretary responsible for Co-operatives against the order.

AND FURTHER, pursuant to Section 65, I appoint the following officers to be liquidators for a period of not exceeding one year and authorize them to take into their custody all properties of the said Societies including such books and documents as are deemed necessary for completion of the liquidation.
 
Details of the Societies can be found in the Gazette.

LIQUIDATION VARIATION ORDER
WHEREAS, Mr. Nelson Nyoro, Internal Auditor, P. O. Box 90333 Mombasa, was appointed liquidator of Hewani Sacco Society Ltd. CS/No.6045 (in liquidation) and whereas the said Mr. Nelson Nyoro – Internal Auditor – P. O. Box 90333, Mombasa is unable to act as liquidator,

NOW THEREFORE, I appoint Mr. James Mutua Muli, Senior Co-operative Auditor, P. O. Box 90333, Mombasa, to be liquidator in the matter of the said Co-operative Society for a period not exceeding 1 (one) year and authorize him the take into his custody all the property of the said Society including such books and documents as are deemed necessary for completion of the liquidation.

Dated the 28th November, 2013.

P. L. M. MUSYIMI,
Ag. Commissioner for Co-operative Development.


GAZETTE NOTICE NO. 15699
THE CIVIL AVIATION ACT
(No. 21 of 2013)
THE KENYA CIVIL AVIATION AUTHORITY
DECISIONS OF THE KENYA CIVIL AVIATION AUTHORITY ON APPLICATIONS FOR AIR SERVICE LICENCES

PURSUANT to the provisions of the Civil Aviation Act ( No. 21 of 2013) and Licensing  of Air Services Regulations, 2009 (Regulation 28),notice is given that the Kenya Civil Aviation Authority has made decisions on applications for air service licences whose particulars were previously published in the Kenya Gazette Notice Nos. 14306  and 14448 of 1st November, 2013 and  8th November, 2013, respectively .

The decisions are specified in the third column and the particulars of the applications are in the second column for each applicant named in the first column of the schedule below.

Details can be found in the Gazette.

Dated the 19th December, 2013.

HILARY K. KIOKO,
Director-General.


 
GAZETTE NOTICE NO. 15700
THE STANDARDS ACT
(Cap. 496)
DECLARATION OF KENYA STANDARDS

PURSUANT to section 9(1) of the Standards Act, the National Standards Council declares the specifications or codes of practice appearing in the schedule hereto to be Kenya Standards with effect from the date of publication of this notice.

Details can be found in the Gazette.

Dated the 17th October, 2013.

CHARLES GACHAHI,
Secretary,
National Standards Council.


GAZETTE NOTICE NO. 15701
THE COMPANIES ACT
(Cap. 486)
INTENDED DISSOLUTION

PURSUANT to section 339(3) of the companies Act, it is notified that at the expiration of three (3) months from the date the register of companies  the company shall be dissolved.

Details can be found in the Gazette.

Dated the 17th December, 2013

COLLETA MAWEU,
for Registrar of Companies.


GAZETTE NOTICE NO. 15702
THE COMPANIES ACT
(Cap. 486)
DISSOLUTION

PURSUANT to section 339(5) of the companies Act, it is notified for general information that the under mentioned companies are dissolved.

Details of the companies can be found in the Gazette

Dated the 17th December, 2013.

COLLETA MAWEU,
for Registrar of Companies.


GAZETTE NOTICE NO. 15703
THE COMPANIES ACT
(Cap. 486)
DISSOLUTION

PURSUANT to section 373(1) of the companies Act, it is notified for general information that the under mentioned company is dissolved

Number Name of Company
CF/2010/28550 Hifab International Aktiebolag

Dated the 17th December, 2013.

COLLETA MAWEU,
for Registrar of Companies


GAZETTE NOTICE NO. 15506
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED BIOLOGICAL CONTROL FIELD TRIAL OF OPUNTIA STRICTA (CACTACEAE) BY DACTYLOPIUS OPUNTIAE BIOTYPE ‘STRICTA’ IN OL JOGI RANCH, LAIKIPIA COUNTY.

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 (Ol Jogi Ltd) is proposing to conduct a field trial involving the coordinated release of a biological control agent known as Dactylopius opuntiae ‘stricta’ biotype (Dactylopiidae) for an experimental field control trial in Ol Jogi ranch, (a domestic and wild animals ranch covering 58,000-acre land, located 40 kilometers north of Nanyuki). The project design entails collection of the biological control agent Dactylopius opuntiae ‘stricta’ biotype (Dactylopiidae) from a quarantine facility at Muguga, transfer to Ol Jogi ranch where they’ll be housed, fed and multiplied in readiness to raise a population enough for release at predetermined trial sites. The main activity will be the co-ordinated release and field monitoring that involve data collection on the bug tendency to spread and attack target host plant in comparison to non-target close relatives or close growing plants or animals. The aim is to determine the bug host specificity in the field before permission is granted for its use in anticipated future project(s).

A summary of the anticipated impacts and the proposed mitigation measures is detailed 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)Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi.
(c)County Director of Environment, Laikipia 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,
MR/3792732   National Environment Management Authority.


GAZETTE NOTICE NO. 15507
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
NOTICE TO THE PUBLIC TO SUBMIT COMMENTS ON AN ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED PETROL STATION AND COMMERCIAL BUILDING ON PLOT L.R. NO. 209/11827 ALONG MOMBASA ROAD, NAIROBI COUNTY.

PURSUANT to Regulation 21 of the Environmental Management and Coordination (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 (Mahadi Oil Kenya Limited) is proposing to construct a Petrol Station and a Commercial building. The site will be surrounded by a boundary wall. There will be a deceleration lane to the station and an exit lane. The surface of the station will be cabro block finished and fitted with storm water drainage channels. The petrol station will constitute of the following; 5 fuel pumps under a canopy, Parking area, Gas cylinders point, a refueling zone with intake valves, fueling pumps and pressure point, underground fuel storage tanks, three 350,000 Lt diesel tanks, two 350,000 Lt petrol tanks, one 350,000 Lt kerosene tank, compressor shade, service bay, generator shade, control room, car wash area, a lubricants shop, shop office and shop store, sanitary facilities.

The commercial building will constitute basement, ground to 8th floors comprising of the following; ground floor, gate in and a ramp to the basement, 3 sets of stairway each with a lobby area, a lift system area with a lobby, a business center, three offices fronted by a passage, 5 shops, a cafeteria, ATM outlets, a ramp out of the basement and gate out, upper floors that will constitute office and other types of business ventures space.
Other installations on site will be the borehole and the underground water storage tank.

A summary of the anticipated impacts and the proposed mitigation measures is detailed 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)Principal 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/3792634