Kenya Gazette

Gazette Vol CXVI No.1-Dated 17th January 2014

The Accountants Act—Appointments           
The Standards Act—Revocation                      
The Public Procurement and Disposal Act—Appointment
The Land Registration Act—Issue of Provisional Certificates
The National Treasury—Statement of Actual Revenue and Net Exchequer Issues   
Customs Services Department—Goods to be Sold at Customs Warehouse, ECD, Embakasi
The County Governments Act—Annual Report
The Kenya School of Law Act—Pupillage and Passing of Examinations                     
The Human Resource Management Act—Appointment
The Advocates Act—Quarterly Report          
The Energy Act—Schedule of Tariffs for Supply of Electrical Energy by KPLC Limited          
The Co-operative Societies Act—Inquiry Order
The Environmental Management and Co-ordination Act—Environmental Impact Assessment Study Reports                     
Disposal of Uncollected Goods            
Loss of Share Certificates            
Loss of Policies                    
Change of Names           


Selected Notices
 
GAZETTE NOTICE NO. 190
THE ACCOUNTANTS ACT
(No. 15 of 2008)
APPOINTMENT

IN EXERCISE of the powers conferred by section 31 (3) of the Accountants Act, the Cabinet Secretary for the National Treasury appoints—

JONATHAN CIANO

to be the Chairman of the Disciplinary Committee of the Council of the Institute of Certified Public Accountants of Kenya,  for a period of three (3) years, with effect from the 30th December, 2013.

Dated the 8th January, 2014.

HENRY ROTICH,
Cabinet Secretary
for the National Treasury.


GAZETTE NOTICE NO. 191
THE ACCOUNTANTS ACT
(No. 15 of 2008)
APPOINTMENT

IN EXERCISE of the powers conferred by section 31 (3) of the Accountants Act, 2008, the Cabinet Secretary for the National Treasury appoints:

Under paragraph (a)—
Jonathan Ciano,
Charity Muya,
John Mudany,
Eric Odongo;

Under paragraph (b)—
Hannah Wendot Cheptumo,
Under paragraph (c)—
Scolastica Mbilo,

Under paragraph (d)—
Susan Mudhune,
to be members of the Disciplinary Committee of the Council of the Institute of Certified Public Accountants of Kenya,  for a period of three (3) years, with effect from the 30th December, 2013.

Dated the 8th January, 2014.

HENRY ROTICH,
Cabinet Secretary
for the National Treasury.


GAZETTE NOTICE NO. 192

THE PUBLIC PROCUREMENT AND DISPOSAL ACT
(No. 3 of 2005)
THE PUBLIC PROCUREMENT AND DISPOSAL REGULATIONS, 2006
APPOINTMENT

IN EXERCISE of the powers conferred by regulations 68 (1) (a) and (b) of the Public Procurement and Disposal Regulations, 2006, the Cabinet Secretary for National Treasury appoints:
Under paragraph (a)—
Josephine Wambua Mong’are (Mrs.),
Gilda Odera (Mrs.),
Rosemary Kinanu Gituma (Mrs.),
Paul Ngotho,
Hussein Were,
Weche R. Okubo (Eng.);

Under paragraph (b)—
Paul Gicheru,
Peter Bita Ondieki,
Nelson Orgut,
to be members of the Public Procurement Administrative Review Board, for a period of three (3) years, with effect from the 3rd October, 2013.

Dated the 23rd December,  2013.

HENRY ROTICH,
Cabinet Secretary
for the National Treasury.


GAZETTE NOTICE NO. 193
THE STANDARDS ACT
(Cap. 496)
REVOCATION

IT IS notified for the information of the general public that Gazette Notice No. 108 of 2014, issued under section 16A (2) of the Standards Act stands revoked.

Dated the 13th January,  2014.

ADAN MOHAMED,
Cabinet Secretary,
Ministry of Industrialization and Enterprise Development.


GAZETTE NOTICE NO. 273

THE NATIONAL TREASURY
STATEMENT OF ACTUAL REVENUE & NET EXCHEQUER ISSUES AS AT 31ST DECEMBER, 2013

Details can be found in the Gazette Notice

Dated the 8th January, 2014.

HENRY K. ROTICH,
Cabinet Secretary,
National Treasury.


GAZETTE NOTICE NO. 274

CUSTOMS SERVICES DEPARTMENT
GOODS TO BE SOLD AT CUSTOMS WAREHOUSE, ICD-EMBAKASI

PURSUANT to the provisions of section 42 of the East African Community Customs Management Act, notice is given that unless the undermentioned goods are entered and removed from the custody of the Customs Warehouse Keeper ICD, Embakasi within 30 days of this notice, they will be sold by public Auction on 4th March, 2014.

Interested buyers may view the goods at ICD, Embakasi on 28th February, 2014 and on 3rd March, 2014 during office hours.
Details can be found in the Gazette Notice.

Note.—Ethyl alcohol (spirit) shall be auctioned for Industrial use (Not for human Consumption) to Excise Licensed Manufacturers; Sugar shall only be sold to those with valid Kenya Sugar Board Permits; Scrap metal shall only be sold to Registered Scrap Metal Dealers.

Dated the 14th January,  2014.                                                

R.W. GICHIRA
Deputy Commissioner,


GAZETTE NOTICE NO. 275

THE COUNTY GOVERNMENTS ACT
(No. 17 of 2012)
THE COUNTY GOVERNMENT OF SIAYA
SIAYA COUNTY PUBLIC SERVICE BOARD
ANNUAL REPORT PRESENTED TO THE COUNTY ASSEMBLY OF SIAYA 4TH DECEMBER, 2013

Preamble
ESTABLISHMENT OF THE BOARD

THE Siaya County Public Service Board was established as per  section 57 of  County government Act 2012, as body corporate with perpetual succession and seal; and capable of suing and be sued in its own name.
Section 58 of the County Government Act provides for the composition of the Board.

The Board is currently composed of 6 members as follows:
Hon. Joe Aketch Donde—(Chairman)
Ms. Florance Oketch—(Vice-Chairman)
Charles Rading—(Secretary/CEO)
Nicholas Kut Ochogo (Dr.)—(Member)
Ms. Rosemary Okumu (Ms.)—(Member)
John Wangach Okere—(Member)

This Board was gazetted on 27th July, 2013 and sworn into office on 5th August, 2013.
Details of removal of Board members, composition of the Secretariat, progress of activities and staffing can be found in the Gazette Notice.

RADING CHARLES,
Secretary/CEO,
Public Service Board of Siaya.


GAZETTE NOTICE NO. 276

THE KENYA SCHOOL OF LAW ACT
(No. 26 of 2012)
PUPILLAGE AND PASSING OF EXAMINATIONS

PURSUANT to section 19 and 20 of the Kenya School of Law Act No. 26 of 2012 of the Laws of Kenya, it is notified that the following thirty six (36) persons:
Adm. No.      Name
2009618        Rotich, Chepkoech Faith
2011358        Murage Nancy Thuguri
20120015      Agwaro Elvis Andiva
20120117      Essak Dada Seeraj-U-Din Ayub
20120123      Gacheru Maureen Mugure
20120171      Hassan Saumu Ali
20120202      Kaburu Makena Kawira
20120206      Kagai Charity Wawira
20120282      Kengaara Melorene Njoki
20120315      Kilasi Jacqueline Jones
20120318      Kimani Edward Macharia
20120341      Kiprotich Benard
20120349      Kirera Christine Gesare
20120411      Macharia Nancy Njeri
20120484      Mbaguta Ronald Muhwezi
20120501      Mburu Mercy Nyambura
20120596      Munga Nathaniel Chisenga
20120257      Kariuki Eric Chege
20120488      Mbau Martin Mwaniki
20120079      Byaruhanga Mcronald
20120133      Gatduel Rebecca Takeer
20120650      Mutungi Daisy Kagwiria
20120653      Muturia Julian Kagwiria
20120656      Muyai Josephine Achieng
20120696      Ngondi Penninah Wawira
20120701      Mwaura Maureen Wanjiru
20120745      Muriithi James Murage
20120783      Njoga Dancan Otieno
20120877      Okaka Leonard Alinyo
20120907      Ombima Mercy Achieng
20120927      Ondari Jewel Gori
20120958      Orango Cliff Juma
20121006      Rotich Julius Kiptanui
20121041      Shulunge Jacob Luku
20121170      Kiiru Jude Gitau
20121200      Waiganjo Hezekiah Mwaniki

have complied with the provisions of section 13 of the Advocates Act, Cap 16 of the Laws of Kenya as to pupilage and passing of examinations subject to such exemptions as may have been granted under subsection (2) of the section.

Dated the 19th December, 2013.

W. KULUNDU-BITONYE,
Director/Chief Executive and
Secretary, Kenya School of Law Board.


GAZETTE NOTICE NO. 277

THE HUMAN RESOURCE MANAGEMENT
PROFESSIONALS ACT
(No. 52 of 2012)
APPOINTMENT

NOTICE is given to the effect that at the Annual General Meeting convened on 3rd January 2014 at Hilton Hotel, Nairobi pursuant to section 45 (4) of the Human Resource Management Professionals Act, 2012 and as per the provisions of section 7(3) of the same Act, the public is notified that the following persons—
Paul Kasimu—(Chairman)
Members:
Emily Kamunde-Osoro (Ms.),
Amani Yuda Komora,
Dorcas Wainaina (Ms.),
Elijah Sitimah,
Elizabeth Weya (Ms.),
Sophie Mbui (Ms.),
were elected as the new officials of the Institute of Human Resource Management Council for a period of three (3) years commencing 4th January 2014.

Dated the 13th January, 2014.

SAMSON K. OSERO,
Executive Director,
MR/3794710                                                       Institute of Human Resource Management.


GAZETTE NOTICE NO. 278

THE HUMAN RESOURCE MANAGEMENT
PROFESSIONALS ACT
(No. 52 of 2012)
CRITERIA FOR ISSUING PRACTICING CERTIFICATES

IN PURSUANCE of section 29 of the Human Resource Management Professionals Act 2012, below are the criteria for issuance of practicing certificates to Human Resource Management Professionals.

Criteria For Issuing Practicing Certificates
A person seeking to obtain or renew a Practicing Certificate must be a fully paid up Fellow or Member of Institute of Human Resource Management who is the Head of the Human Resource function of an organization or Head of a sub-function of the Human Resource function or Partner/Principal Shareholder of a registered human resource firm or performing human resource management duties and responsibilities of an organization.

Attainment of Minimum CPD Credit Points
The person must have also attained the minimum Institute of Human Resource Management Continuing Professional Development Credit Points of the year preceding the application for a practicing certificate.

Dated the 13th January, 2014.

SAMSON K. OSERO,
Executive Director,
MR/3794715                                                      Institute of Human Resource Management.


GAZETTE NOTICE NO. 279

THE HUMAN RESOURCE MANAGEMENT
PROFESSIONALS ACT
(No. 52 of 2012)
CRITERIA FOR REGISTRATION

IN PURSUANCE of section 19 (2) of the Human Resource Management Professionals Act 2012, below are the criteria for registration as Fellow, Member and Associate Member of Institute of Human Resource Management.

Fellow Membership Criteria
A person shall be invited to Institute of Human Resource Management Fellow Membership category if he/she is a Member of IHRM who has both practiced HR for at least 15 years and rendered outstanding service to the Human Resource profession.

Member Membership Criteria
A person shall be registered as a Member of Institute of Human Resource Management if he/she meets the following academic, professional and working experience requirements.
(a)      Academic Qualification
Bachelor’s/Master’s degree in any discipline
or
Bachelor’s/Master’s degree in Human Resource Management (HRM) or its accepted equivalent from a recognized university
(b)      Professional Qualification
Higher Diploma in HRM or its accepted equivalent from a recognized certification institution
or
Post Graduate Diploma in HRM or its accepted equivalent from a recognized certification institution
(c)       Working HR Experience
At least five years of HR working experience
or
At least 10 years of HR working experience; Bachelors/Masters degree in any discipline and demonstrable core HR competencies; this criterion is applicable for those that do not have any HR professional qualification.

Associate Membership Criteria
A person shall be registered as an Associate Member of Institute of Human Resource Management if he/she meets the following academic, professional and working experience requirements.
Bachelors/Masters degree in any discipline with a Certificate in HRM (or its accepted equivalent from a recognized certification institution) and at least one year of HR working experience;
or
Bachelor’s degree in Human Resource Management (or its accepted equivalent from a recognized university) and at least one year of HR working experience;
or
Higher Diploma in HRM (or its accepted equivalent from a recognized certification institution) with at least one year of HR working experience;
or
Diploma in HRM (or its accepted equivalent from a recognized certification institution) with at least two years of HR working experience;
or
Diploma in any discipline and a Certificate in HRM (or its accepted equivalent from a recognized certification institution) with at least two years of HR working experience.

Dated the 13th January, 2014.

SAMSON K. OSERO,
Executive Director,
MR/3794715                                                       Institute of Human Resource Management.


GAZETTE NOTICE NO. 280

THE ADVOCATES ACT
THE COMPLAINTS COMMISSION
92ND QUARTERLY REPORT

1.         PURSUANT to section 53 (9) of the Advocates Act and rule 12 (1) of the Advocates (Complaints Commission) Rules, 1991 it is notified for general information that from 1st October, 2013 to 31st December, 2013, the Commission received a total of two hundred and eighty seven (287) new complaints out of which forty eight (48) were classified and files opened. Two hundred and thirty nine (239) were submitted for further enquiry under Preliminary Enquiry Initiative.

2.         The nature of new complaints is as shown below:
Nature of complaints                      No. of complaints
(a) Failure to account                                      5
(b) Failure to keep client informed                  1
(c) Failure to render professional services       6
(d) Withholding funds                                        7
(e) Issuing Dishonored Cheques                      1
(f) Delay        Nil
(g) Withholding documents                             1
(h) Others                                                            3
 
TOTAL                                                                             24

3.         Complaints filed against advocates/firms of advocates were disposed of in the following manner:
Classified Complaints                           No. of Complaints
(a) Abandoned                                                   2
(b) Settled                                                             4
(c) Closed: no misconduct disclosed                1
(d) Dismissed                                                      Nil
(e) Withdrawn                                                    Nil
(f) Others                                                              2
TOTAL                                                                    9

Preliminary Enquiry (PE) complaints
•          Total number of complaints subjected to Preliminary Enquiry (PE) was two hundred and thirty nine (239).
•          Total number of complaints settled under the Preliminary Enquiry (PE) was eighty six (86).

4.         The matters referred to the Disciplinary Committee (DC) during the same period for further action and in accordance with Section 57(1) of the Advocates Act were twenty eight (28).

5.         During the same period a further twenty two (22) cases were disposed of as follows:
            No. of Complaints
(a) Advocates Struck Off the Roll of Advocates      2
(b) Advocates suspended                                           0
(c) Advocates acquitted                                             2
(d) Settled (matters resolved)                                    13
(e) Withdrawn                                                               4
(f)  Dismissed                                                                  1
(g) Others                                                                      0
TOTAL                                                                            22

6.         In pursuant to section 53 (4) and in the spirit of Section 53 (5) of the Advocates Act, eight (8) complaints were settled amicably at the Advocates’ Complaints Commission.

Dated the 6th January,  2014.

BEAUTTAH SIGANGA,
Chairman.


GAZETTE NOTICE NO. 281

THE ENERGY ACT
(No. 12 of 2006)
SCHEDULE OF TARIFFS FOR SUPPLY OF ELECTRICAL ENERGY BY THE KENYA POWER AND LIGHTING COMPANY LIMITED

NOTICE is given that pursuant to section 45 of the Energy Act, 2006, the Commission prescribes the tariffs, charges, prices and rates to be charged to the Kenya Power and Lighting Company Limited by consumers for electrical energy consumed by them as set out in the Schedule.

Details can be found in the Gazette Notice
           
Dated the11th December, 2013.

FREDERICK NYANG,
Ag. Director General,
Energy Regulatory Commission.


GAZETTE NOTICE NO. 282

THE CO-OPERATIVE SOCIETIES ACT
(Cap. 490)
INQUIRY ORDER

WHEREAS I have on my own accord, decided that an inquiry be held into the—
(a)      by-laws,
(b)      working and financial conditions, and
(c)       the conduct of the management committee, and past present members or officers,
of United Sacco Society Limited (CS/2375) and in accordance with section 58 and section 73 of the Co-operative Societies Act of the laws of Kenya.

Now therefore I authorize (1) Peter Wanjohi Kiama, Chief Co-operative Officer, Headquarters and (2) Kennedy B. Ottachi, Chief Co-operative Officer, Headquarters, to hold an inquiry within ten (10) days from the date thereof as such place and time as may be expedient and duly notified by them.

The attention of the officers and members of the society is directed to the following sections of the Co-operative Societies Act.
Section 60 (1)—Cost of inquiry.
Section 60 (2)—Recovery of costs of expenses.
Section 73—Surchrge.
Section 94—Offences

Dated the 14th January, 2014.

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


GAZETTE NOTICE NO. 167

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 IN MBAIKINI AREA, WAMUNYU TOWN, MWALA DISTRICT, MACHAKOS 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 (Paul Mulangilo Ndilo) is proposing to construct a petrol filling station with the following amenities; 2 twin pumps service bay, 2 underground petroleum storage tanks (UPSTs), a car wash, Oil Interceptors, Air and water points, Office and store, Changing and washrooms, Septic tank(s), a soak pit and associated piping work.

A summary of the anticipated impacts and the proposed mitigation measures can be found in the Gazette Notice.

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, Machakos 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.

SALOME MACHUA,
for Director-General,
MR/3792944                                    National Environment Management Authority.


GAZETTE NOTICE NO. 168

THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED WASTE OIL, PLASTICS AND WASTE TYRE RECYCLING/ REFINERY FACILITY ON PLOT NO. MGUMOPATSA/MAZERAS/1046 AT KALIANG’OMBE ALONG THE MOMBASA-NAIROBI HIGHWAY IN MOMBASA 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 (Mombasa Petro-Chemical Limited) is proposing to construct a oil, plastics and waste tyre recycling facility and an office block in Mazeras, Mombasa County. The facility will comprise: oil, plastics and waste tyre offloading and diesel loading bays; 4 Waste oil storage ASP tank of 1,000litres; truck loading bays; drainage system of channels and piping; a fire water tank and pumps; driveways; potable water tank; waste oil treatment plant: centrifuge, water filter unit; administration office and store, staff residential rooms, toilets and changing rooms.

A summary of the anticipated impacts and the proposed mitigation measures can be found in the Gazette Notice.

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, Mombasa 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. 286

THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED JOSKA FILLING STATION AT MUTALIA AREA ON PLOT L.R. NO. DONYO SABUK/KOMAROCK BLOCK 1/19519 IN MACHAKOS 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 (John Mwatu Musyimi) is proposing to construct a petrol filling station. The project highlights include: a cover the pumps, sales office, a restaurant, a store, underground fuel tanks, compressor/generator, tyre centre & car wash,drive ways, walkways, acceleration and deceleration lanes, interceptor tank and washrooms.
A  summary of the anticipated impacts and the proposed mitigation measures can be found in the Gazette Notice.

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, Machakos 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/3792944                                                  National Environment Management Authority.


GAZETTE NOTICE NO. 287

IN THE PRINCIPAL MAGISTRATES COURT AT KAJIADO
LAND DISPUTE TRIBUNAL CASE NO. 7 OF 2008
MOSES MEELI—(Claimant)
VERSUS
PETER MUNGAI KIMANI AND DANCAN MBICHI—(Objectors)
DECREE

UPON READING the award of the Kajiado Land Dispute Tribunal Award No. T.C. 401/10/2007 dated 20th December, 2007 for parcel No. KAJ/Lorng ’osua/109 and upon the same which was read on 29th May, 2008, and adopted as the judgment of the court on 17th July, 2013.

IT IS HEREBY DECREED AND ORDERED
1.         That the objectors to accept a refund on the money being given by the Claimant owing to the fact that the amount they paid during the auction would have now doubled.
2.         To support his case, the Claimant complained of fraud over the processing of power of attorney documents therefore the Criminal Investigation Officer is requested to investigate the matter.

Given under my hand and the seal of this  Hon.  Court this 4th day of July, 2013.
Issued at Kajiado this 17th day of July, 2013.

M. A. OCHIENG,
Senior Resident Magistrate.