September 2014 Storage

140-Competition Act (Rubicam Brands by Rubicam Inc) Exclusion, 2014

140-Competition Act (Rubicam Brands by Rubicam Inc) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 140

THE COMPETITION ACT
(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 58% shareholding in Rubicam Brands by Rubicam Inc. pursuant to agreements entered between its shareholders due to the following reasons-

(a) the merger will not affect competition negatively;

(b) the acquiring undertaking is exercising its right pursuant to Deposit and Settlement Agreements, to recover loans from individual shareholders in the target undertaking; and

(c) the target undertaking is no longer operating.

Dated the 15th September, 2014.

WANUOMBE KARIUKI,
Director-General.

139-Competition Act (Russet Insurance Agency by Lucero Drive Limited) Exclusion, 2014

139-Competition Act (Russet Insurance Agency by Lucero Drive Limited) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 139

THE COMPETITION ACT
(No. 12 of 20 10)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 75% of issued share capital of Russet Insurance Agency by Lucero Drive Limited due to the following reasons-

(a) the merger will not affect competition negatively;

(b) the acquiring undertaking has not conducted any business since incorporation; and

(c) the target undertaking's turnover for the preceding year was KSh. 4,448,867 hence below the required merger threshold for mandatory notification.

Dated the 15th September, 2014.

WANG'OMBE KARIUKI,
Director-General.

138-Competition Act (Ardan Logistics Limited by Africa Oilfield Logistics Limited) Exclusion, 2014

138-Competition Act (Ardan Logistics Limited by Africa Oilfield Logistics Limited) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 138

THE COMPETITION ACT
(No. 2 of 20 10)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 100% of the issued share capital of Ardan Logistics Limited by Africa Oilfield Logistics Limited due to the following reasons-

(a) the merger will not affect competition negatively;

(b) both the target undertaking and its subsidiaries are newly incorporated and therefore have no turnover in Kenya; and

(c) the turnover of the acquiring undertaking through its affiliate was Kshs 506,004,282 and therefore, does not meet the required merger threshold for mandatory notification as contained in the Merger Threshold Guidelines.

Dated the 15th September, 2014.

WANG'OMBE KARIUKI,
Director–General.

137-Competition Act (Flow Energy, Afrex Limited and Panacontinental Oil & Gas) Exclusion, 2014

137-Competition Act (Flow Energy, Afrex Limited and Panacontinental Oil & Gas) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 137

THE COMPETITION ACT
(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 60% in contract area comprising block L6 IN Flow Energy, Afrex Limited and Panacontinental Oil & Gas by Millo E & P Limited due to the following reasons-

(a) the merger will not affect competition negatively; and

(b) the proposed transaction does not meet the set merger threshold for mandatory notification.

Dated the 15th September, 2014.

WANG'OMBE KARIUKI,
Director-General.

136-Competition Act (Kingdale Limited by Vittoria Limited) Exclusion, 2014

136-Competition Act (Kingdale Limited by Vittoria Limited) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 136

THE COMPETITION ACT
(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 100% of the issued share capital of Kingdale Limited by Vittoria Limited due to the following reasons-

(a) the merger will not affect competition negatively; and

(b) the combined turnover for the two undertakings was nil.

Dated the l5th September, 2014.

WANG'OMBE KARIUKI,
Director-General.

135-Competition Act (Hugo Simba Limited by Kati Autere and Christopher Bagot) Exclusion, 2014

135-Competition Act (Hugo Simba Limited by Kati Autere and Christopher Bagot) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 135

THE COMPETITION ACT
(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 100% issued share capital of Hugo Simba Limited by Kati Autere and Christopher Bagot due to the following reasons-

(a) the merger will not affect competition negatively; and

(b) the proposed transaction does not meet the set merger threshold for mandatory notification.

Dated the 15th September, 2014.

WANG'OMBE KARIUKI,
Director-General.

134-Competition Act (Ngare Narok Meat Industries Limited) Exclusion, 2014

134-Competition Act (Ngare Narok Meat Industries Limited) Exclusion, 2014

19th September, 2014

LEGAL NOTICE No. 134

THE COMPETITION ACT
(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, 2010, the Competition Authority of Kenya excludes the proposed acquisition of 40.15% of the issued share capital of Ngare Narok Meat Industries Limited by Fanisi Investment Limited due to the following reasons —

(a) the merger will not affect competition negatively; and

(b) the combined turnover for the target and the acquiring was KSh. 158,228,342 for the preceding year and hence below the required merger threshold for mandatory notification.

Dated the 15th September, 2014.

WANG'OMBE KARIUKI,
Director-General.

133-Kenya Citizenship and Immigration Act (Identity Card as a Travel Document to Rwanda), Declaration, 2014

133-Kenya Citizenship and Immigration Act (Identity Card as a Travel Document to Rwanda), Declaration, 2014

19th September, 2014

LEGAL NOTICE No. 133

THE KENYA CITIZENSHIP AND IMMIGRATION ACT
(No. 11 of 2011)

DECLARATION

IN EXERCISE of the powers conferred by section 25(3) of the Citizenship and Immigration Act, 2011, the Cabinet Secretary for the Interior and Co-ordination of National Government declares the identity card issued under section 9 (1) of the Registration of Persons Act to be a travel document for the purposes of travel to the Republic of Rwanda and the Republic of Uganda.

Dated the 20th August, 2014.

JOSEPH OLE LENKU,
Cabinet Secretary,
Ministry of Interior and Co-ordination of National Government.

132-Privileges and Immunities Act (International Fertilizer Development Centre) Order, 2014

132-Privileges and Immunities Act (International Fertilizer Development Centre) Order, 2014

19th September, 2014

LEGAL NOTICE No. 132

THE PRIVILEGES AND IMMUNITIES ACT
(Cap. 179)

IN EXERCISE of the powers conferred by section 11 of the Privileges and Immunities Act, the Cabinet Secretary for Foreign Affairs and International Trade makes the following Order: —

THE PRIVILEGES AND IMMUNITIES (INTERNATIONAL FERTILIZER DEVELOPMENT CENTRE) ORDER, 2014

1. This Order may be cited as the Privileges and Immunities (International Fertilizer Development Centre) Order, 2014.

2. The International Fertilizer Development Centre, in this Order referred to as "the Center", being a non-profit public international organization with the primary objective of increasing and sustaining food security and agricultural productivity in the African Region, is hereby declared to be an organization to which section 11 of the Act shall apply.

3. The Centre shall have the privileges in paragraphs 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4. Any person who is an employee of the Center shall, while residing in Kenya and performing duties in the service of the Center, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Center.

Dated the 8th September, 2014

AMINA C. MOHAMED,
Cabinet Secretary for Foreign Affairs and International Trade.

131-Privileges and Immunities Act (Japan International Co-operation Agency) Order, 2014

131-Privileges and Immunities Act (Japan International Co-operation Agency) Order, 2014

19th September, 2014

LEGAL NOTICE No. 131

THE PRIVILEGES AND IMMUNITIES ACT
(Cap. 179)

IN EXERCISE of the powers conferred by section 11 of the Privileges and Immunities Act, the Cabinet Secretary for Foreign Affairs and International Trade makes the following Order: —

THE PRIVILEGES AND IMMUNITIES (JAPAN INTERNATIONAL CO-OPERATION AGENCY) ORDER, 2014

1. This Order may be cited as the Privileges and Immunities (Japan International Co-operation Agency) Order, 2014.

2. The Japan International Co-operation Agency, in this Order referred to as "the Agency", being an independent governmental agency of Japan that aims at promoting international cooperation and global development through development assistance, is hereby declared to be an organization to which section 11 of the Act shall apply.

3. The Agency shall have the privileges in paragraphs 3, 4 and 5 of Part I of the Fourth Schedule to the Act.

4. Any person who is an employee of the Agency shall, while residing in Kenya and performing duties in the service of the Agency, have the privileges and immunities specified in paragraphs 1 to 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to citizens or nationals of any country or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Agency.

Dated the 8th September, 2014.

AMINA C. MOHAMED,
Cabinet Secretary for Foreign Affairs and International Trade.

130-Insurance Act (Prudential PLC in Shield Company Limited) Exemption, 2014

130-Insurance Act (Prudential PLC in Shield Company Limited) Exemption, 2014

19th September, 2014

LEGAL NOTICE No. 130

THE INSURANCE ACT
(Cap. 478)

EXEMPTION

IN EXERCISE of the powers conferred by section 181 of the Insurance Act, the Cabinet Secretary for the National Treasury directs that the shareholding by Prudential PLC in Shield Company Limited shall be exempt from the provisions of sections 22 and 23 (4) of the Act.

Dated the 2nd September, 2014.

HENRY ROTICH,
Cabinet Secretary for the National Treasury.

129-Science, Technology and Innovation Act (Commencement), 2013

129-Science, Technology and Innovation Act (Commencement), 2013

12th September, 2014

LEGAL NOTICE No. 129

THE SCIENCE, TECHNOLOGY AND INNOVATION ACT
(No. 29 of 2013)

COMMENCEMENT

IN EXERCISE of the powers conferred by section I of the Science, Technology and Innovation Act, 2013, the Cabinet Secretary for Education, Science and Technology appoints the 1st October, 2014, as the date on which Parts VI and VII of the Act shall come into operation.

Dated the 10th September, 2014.

JACOB T KAIMENYI,
Cabinet Secretary for Education, Science and Technology.

128-Tourism Act Authority Regulations 2014

128-Tourism Act Authority Regulations 2014

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127-Limited Liability Partnership Act-Regulations, 2014

127-Limited Liability Partnership Act-Regulations, 2014

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126-Competition Act (Mida Villas Limited) Exclusion, 2014

126-Competition Act (Mida Villas Limited) Exclusion, 2014

29th August, 2014

LEGAL NOTICE No. 126

THE COMPETITION ACT

(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, the Competition Authority excludes the proposed acquisition of 100% of issued shares in Mida Villas Limited by Kazama Limited from the provisions of Part IV of the Act on the

following grounds:

(a) The merger will not affect competition negatively; and

(b) The acquiring undertaking is newly incorporated while the target undertaking manages idle properties, hence the two do not have turnover; and

(c) The target undertaking's value of assets which is considered in lieu of turnover was valued at KSh. 21,600 and hence is below the merger threshold for notification.

Dated the 30th July, 2014.

WANG'OMBE KARIUKI,

Director-General.

125-Competition Act (Logistics Kenya Limited) Exclusion, 2014

125-Competition Act (Logistics Kenya Limited) Exclusion, 2014

29th August, 2014

LEGAL NOTICE No. 125

THE COMPETITION ACT

(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, the Competition Authority excludes the proposed acquisition of 100% of issued shares in Logistics Kenya Limited by Africa Oilfield Logistics from the provisions of Part IV of the Act on the following grounds:

(a) The merger will not affect competition negatively; and

(b) The target undertaking and its subsidiaries are newly incorporated and therefore have no turnover; and

(c) The acquiring undertaking's turnover through its affiliate, Ardan Kenya for the preceding year is KSH. 506,004,282 and hence below the required merger threshold for mandatory notification.

Dated the 30th July, 2014.

WANG'OMBE KARIUKI,

Director-General.

124-Competition Act (Dove Chemist Limited) Exclusion, 2014

124-Competition Act (Dove Chemist Limited) Exclusion, 2014

29th August, 2014

LEGAL NOTICE No. 124

THE COMPETITION ACT

(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, the Competition Authority excludes the proposed acquisition of the entire business of Dove Chemist Limited by Goodlife Pharmacy Limited from the provisions of Part IV of the Act on the following grounds:

(a) the merger will not affect competition negatively; and

(b) The acquiring undertaking is newly incorporated and therefore has no turnover; and

(c) The target undertaking's turnover for the preceding year is KS. 119,910,846, which is below the required merger threshold for mandatory notification.

Dated the 30th July, 2011 

WANG'OMBE KARIUKI,

Director-General,

123-Competition Act (Mimosa Pharmacy Limited) Exclusion, 2014

123-Competition Act (Mimosa Pharmacy Limited) Exclusion, 2014

29th August, 2014

LEGAL NOTICE No. 123

THE COMPETITION ACT

(No. 12 of 2010)

EXCLUSION

IN EXERCISE of the powers conferred by section 42 (1) of the Competition Act, the Competition Authority excludes the proposed acquisition of the entire business of Mimosa Pharmacy Limited by Goodlife Pharmacy Limited from the provisions of Part IV of the Act on the following grounds:

(a) The merger will not affect competition negatively; and

(b) The acquiring undertaking is newly incorporated and therefore has no turnover; and

(c) The target undertaking's turnover for the preceding year is KS.335,886,285, which is below the required merger threshold for mandatory notification.

Dated the 30th July, 2014.

WANG'OMBE KARIUKI,

Director-General

122-Pest Control Products Act (Registration)(Amendment) Regulations, 2014 29th August, 2014

122-Pest Control Products Act (Registration)(Amendment) Regulations, 2014 29th August, 2014

29th August, 2014

LEGAL NOTICE NO. 122

THE PEST CONTROL PRODUCTS ACT

(Cap.349)

IN EXERCISE of the powers conferred by section 15 of the Pest Control Products Act, the Cabinet Secretary for Agriculture, Livestock and Fisheries makes the following Regulations:-

THE PEST CONTROL PRODUCTS (REGISTRATION) (AMENDMENT) REGULATIONS, 2014

1. These Regulations may be cited as the Pest Control Products (Registration) (Amendment) Regulations, 20 14.

2. Pest Control Products (Registration) Regulations, 1984 are amended in Regulation 11-

(a) by inserting the word "amend" immediately after the word "suspend" appearing in sub-regulation 11(1);

(b) by inserting the following new subparagraphs immediately after subparagraph 11(2) (d)-

(e) that new information has become available to the Board indicating that the pest control product is sourced from a manufacturer, formulator, repacker or any facility other than that specified in the application forms and dossier for registration for the respective pest control product or sources authorized by the Board;

(f) that the principal or registrant withdraws the technical support to the local agent or distributor on the basis of which a pest control product was registered, in writing;

(g) that the new information has become available to the Board which renders the pest control product ineffective, not efficacious or of no economic value for the purposes for which it is intended;

(h) that a holder of a registered pest control product has in connection with the registration concerned, contravened or failed to comply with a provision of this Act;

(i) that a holder of such registration has contravened or failed to comply with a condition to which the registration concerned is subject to;

(j) that it is contrary to the public interest that such pest control product should remain registered;

"(k) that any incorrect or misleading advertisement is used in connection with any registered pest control product."

Made on the 21st August, 2014.

FELIX KOSKEI,

Cabinet Secretary for Agriculture, Livestock and Fisheries.

121-Income Tax Act (Kenya Marine and Fisheries Research Institute) Exemption, 2014

121-Income Tax Act (Kenya Marine and Fisheries Research Institute) Exemption, 2014

29th August, 2014

LEGAL NOTICE No. 121

THE INCOME TAX ACT

(Cap 470)

EXEMPTION

IN EXERCISE of the powers conferred by section 13 (2) of the Income Tax Act, the Cabinet Secretary for the National Treasury directs that the lump sum retirement benefits paid to the eight employees of the Kenya Marine and Fisheries Research Institute who opted to retire under the Voluntary Early Retirement Scheme between the 1st October, 2010 and the 1st December, 2012, shall be exempt from the provisions of the Act:

Provided that-

(a) the exemption shall not apply to other pension benefits paid to the employees; and

(b) the Kenya Marine and Fisheries Research Institute shall, in addition to complying with any conditions that the Commissioner of Income Tax may impose, furnish the Commissioner of Income Tax in respect of every employee that retired with-

(i) the name and date of retirement from the Kenya Marine and Fisheries Research Institute;

(ii) the amount of pension benefit paid upon retirement; and

(iii) a copy of the letter to the employee confirming the retirement,

Made on the 18th August, 2014.

HENRY ROTICH,

Cabinet Secretary for the National Treasury.