18TH SEPTEMBER, 2009

LEGAL NOTICE NO. 145

THE CATTLE CLEANSING ACT
(Cap. 358)

PRESCRIPTION OF EFFECTIVE TICK DESTROYING AGENTS

IN EXERCISE of the powers conferred by section 2 of the Cattle Cleansing Act, the Director of Veterinary Services prescribes the following preparation, details of which are specified in the Schedule, to be an effective tick destroying agent for the purposes of the Act.

SCHEDULE

A suspension in water of “CYPERGUARD 10 per cent” brand of cypermethrin, cyano-3-phenoxybenzyl-3-(2,-2-dichlorovinyl)2,2-dimethyl-cyclopropane carboxylate containing not less than 0.01 percent active principle, when such a suspension is used for cattle cleansing by  submersion at intervals of not more than seven days. 

Dated the 15th September, 2009.

P. M. ITHONDEKA,
Director of Veterinary Services.

18th September, 2009

Legal Notice No. 144

THE AUCTIONEERS ACT
(No. 5 of 1996)

IN EXERCISE of the powers conferred by section 30 of the Auctioneers Act, 1996, the Chief Justice makes the following Rules:—

THE AUCTIONEERS (AMENDMENT) RULES, 2009

1. Citation.
These Rules may be cited as the Auctioneers (Amendment) Rules, 2009

Sub. Leg.
2. Rule 3 of the Auctioneers Rules, 1996, in these Rules referred to as “the principal Rules”, is amended—

(a) in paragraph (2) (b), by deleting subparagraph (i) and substituting therefor the following new subparagraph—

(i) a current certificate of good conduct from the Criminal Investigation Department obtained at least six months prior to the application;

(b) by  renumbering the paragraph appearing immediately after paragraph (2) as paragraph (3) inserting the following new paragraph immediately thereafter—

(3A) The applicant shall only be required to comply with paragraphs (2) (d), (e) and (f) after the Board approves his application.

3. The principal Rules are amended in rule 9—

(a) by renumbering the existing provision as paragraph (1);  and

(b) by inserting the following new paragraph—

(2) An application under this rule shall be by motion by way of a miscellaneous application supported by an affidavit and may be heard ex-parte.

4. The principal Rules are amended in rule 12 by renumbering the existing provision as paragraph (1) and adding the following new paragraphs—

(2) If on the expiry of the period of notice, the auctioneer finds that there are other goods belonging to the judgement debtor—

(a) which were not pointed out by the decree holder and proclaimed earlier in his proclamation; or

(b) which have been removed by the judgment  debtor, or cannot be found,
the auctioneer shall file an application in court seeking leave of the court to be allowed to attach any other movable properties of the judgement debtor pointed out by the decree  holder.

(3) An application under paragraph (2) shall be by motion by way of a miscellaneous application supported by an affidavit in a competent court, and in the case of distress for rent, repossession and attachment, may be heard ex parte.

5. Where orders obtained by a judgement debtor staying execution and served on an auctioneer are subsequently vacated, the auctioneer shall—

(a) where the warrants of attachment and sale, or letter of instruction, are still valid, proceed with execution in compliance with these Rules;

(b) where the warrants of attachment and sale have expired, apply for extension of the warrants for a period not exceeding forty-five days, within which he shall finalize execution;

(c) where fresh warrants of attachment and sale or letter of instructions are issued with new figures, proceed in the manner provided in these Rules in respect of a fresh warrant.

6. Rule 13 of the principal Rules is amended in paragraph (c) by deleting the words “forty-eight” and substituting therefor the words “seventy-two”.

7. The principal Rules are amended by deleting rule 14 and substituting therefor the following new rule -

14. A person who removes, alters, damages, substitutes or alienates any goods comprised in the proclamation, before they are redeemed by payment in full of the amount in the court warrant, or letter of instruction, or in such lesser amount as the creditor or his advocate may agree in writing, commits an offence.

8. The principal Rules are amended in rule 15 (b) by deleting the words “Sale Form 2” and substituting therefor the words “Sale Form 4”.

9. The principal Rules are amended in rule 17 by inserting the following new paragraphs immediately after paragraph (4)—

(5) The auctioneer shall, after selling the movable property, attaching goods or goods lawfully held under this custody, and for purposes of effecting transfer in favour of the purchase, file an application to the court which issued the decree or to any other competent court which is applicable.

(6) An application under this rule shall be by motion by way of miscellaneous application, supported by an affidavit and may be heard ex parte.

10. The principal Rules are amended in rule 18 by deleting paragraph (1) and substituting therefor the following new paragraph—

(1) Payment by a purchaser at a sale of seized goods shall be in form of cash, banker’s cheque or electronic funds transfer.

11. Rule 20 of the principal Rules is amended—

(a) in paragraph (4) by deleting the word “auctioneers”;

(b) by renumbering the paragraph appearing immediately after paragraph (2) as paragraph (3) and renumbering the other paragraphs in proper sequence.

12. Rule 22 of the principal Rules is amended in paragraph (1) (a) by deleting the words “in respect if” and substituting therefor the words “in respect of”.

13. The First Schedule to the principal Rules is amended in Part Four by deleting subparagraph 17 (b) (i) and substituting therefor the following—

(i) a current certificate of good conduct from the Criminal Investigations Department obtained at least five months prior to the application.

14. The Second Schedule to the principal Rules is amended—

(a) in sale form 2 by deleting the words “cash number” appearing in item 5 and substituting therefor the words “case number”; and

(b) by inserting the following new form:

SALE FORM 4

NOTIFICATION OF SALE

1. Auctioneers

Name...........................................................................................Tel:....................................
P.O. Box.............................trading as ........................................................
Building.............................................floor..........................street..........................................

2. Creditor’s name and address
Name ............................................................................................................
Address................................................................................................................................

3. Debtor’s name and address:
Name....................................................................................................................................
Address................................................................................................................................

4. * In....................................................court at...............................................

5. * Case number ..........................date of decree...........................................

6. Date of return to court/creditor.*.................................................................

7. Warrant or letter of instructions dated.....................................................

was given by the above mentioned court/creditor* and you are hereby notified that the immovable property described in the schedule hereto is hereby duly scheduled for sale. 
At the expiry of forty five (45 days from the date of this Notification the same will be sold by public Auction not earlier than fourteen days after the first newspaper advertisement unless the amount due KSh.........................together with costs of this Notification shall be in the mean time have been paid.

15. The Fourth Schedule to the principal Rules is amended by deleting 
Part  II thereof and substituting therefor the following new Part:

PART II—AUCTIONEERS’ CHARGES

1. Receipt of court warrant or letter of instructions	KSh. 1,000.00
2. Where no property is found to attach or where the property found is worth KSh. 4,000  or less	KSh. 4,000.00
3. Fees before attachment or repossession	KSh. 4,000.00
4. Fees on attachment/repossession/distraint and expenses
KSh. 4,001 to KSh. 100,000.00	10%
KSh.100,001 to KSh. 1,000,000	5%
Over KSh. 1,000,000	2%
Transport, storage, advertising, insurance and other disbursements expenses, where attachment or repossession  is stayed or postponed or money tendered after attachment or repossession but before sale	Attaching or repossession charges in addition to expenses.
5. Fees on sale of movable property
First KSh. 100,000	10%
Over KSh.100,000	7%
Storage of property	¼% of value of property, subject to KSh. 500 per day.
6. Fees on sale of immovable property
Filing possession of property	KSh. 4,000.00
Sale of immovable property-charge shall be based upon the           amount realized at the sale
KSh. 0 to 600,000	10%
KSh. 600.001 to 3,0000,000	5%
Over KSh. 3,000,000	2%
7. Where requisite notices are served and sale is stayed, or postponed	½ of fees to which auctioneer would have been entitled to after sale, plus expenses.
8. Attachment and sale of livestock	10% of the amount realized at the sale plus reasonable expenses.
9. Eviction of person in possession of premises in execution of a court order
(a) 0n premises of 15 square metres in area or less of                 internal area	5,000
(b) On premises of more than 15 square metres in area                  or less	10,000
(c) On agricultural  premises	15,000
(d) On premises of more than 5,000 square metres	20,000
10.  For taking inventory of transporting movable property and for advertising and insuring movable and immovable property the auctioneer shall be paid such amount as the court may consider reasonable.
11. Travelling expenses as published by the Automobile Association from time shall to time be allowed at three times the scale.
12. The court may increase the fees allowed under this Schedule, having regard to the complexity of the work required to be done, the skill, specialized knowledge and labour expended by the auctioneer.

Dated the 3rd September, 2009

J. E. GICHERU,
Chief Justice

18th September, 2009

Legal Notice No. 143

THE AUCTIONEERS ACT, 1996
(No. 5 of 1996)

IN EXERCISE of the powers conferred by section 30 of the Auctioneers Act, 1996, the Chief Justice makes the following Rules:—

THE AUCTIONEERS (PRACTICE) RULES, 2009

1. These Rules may be cited as the Auctioneers (Practice) Rules, 2009.

2. (1) These Rules shall apply to and bind all auctioneers.

(2)  Every practising auctioneer shall sign, subscribe to and bind themselves to them upon registration.

3. No auctioneer shall hold out or allow himself to be held out, directly or indirectly, and whether or not by name, as being prepared to do professional business at less than the scales laid down by the Auctioneers Fee Schedule for the time being in force.

4. No auctioneer shall agree to share with any person, not being an auctioneer or other fully qualified agent practising in the country, his costs in respect of any business:

Provided that—

(a) an auctioneer carrying on practice on his own account may agree to pay an annuity or other sum out of profits to a retired partner or predecessor or the dependant or legal personal representatives of a deceased partner or predecessor; and

(b) an auctioneer may agree in consideration of a salary to be employed by an Auctioneer.

5. No auctioneer employed by an unqualified person shall execute instructions within the scope of his licence or render services to his employer for which fees are charged directly or indirectly by his employer from any other person and retained by that employer.

6. All auctioneers shall execute all instructions with decorum while abiding by the Act and rules made thereunder.

7. No auctioneer shall, by way of paying court fees or any sort of consideration, be it monetary, material or otherwise, influence the issue of any instructions whatsoever to himself.

8. No auctioneer shall execute instructions explicitly directed to another auctioneer unless the instructing party and the auctioneer to whom the instructions are directed formally amend and countersign the said instructions in the name of the auctioneer whom they wish to execute those instructions.

9. Auctioneers shall ensure that they attain the best value for goods sold at auctions conducted in execution of instructions given under the Act.

10. (1) Every auctioneer shall be a member of a registered auctioneers’ association and shall pay the requisite entry and annual subscription stipulated in the constitution of the association.

(2) A licence to an auctioneer shall be issued by the Auctioneers Licensing Board subject to production of proof of payment of the annual subscription fee to the association referred to in sub-regulation (1) for the year for which the license is applied.

(3) All auctioneers shall be expected to attend a minimum number of workshops, seminars or training programmes as set out and called by the Auctioneers Licensing Board in conjunction with the association.

Dated the 3rd September, 2009.

J. E. GICHERU,
Chief Justice.

18TH SEPTEMBER, 2009

LEGAL NOTICE NO. 142

THE STANDARDS ACT
(Cap. 496)

IN EXERCISE of the powers conferred by section 20 of the Standards Act, the Minister for Industrialization, makes the following Regulations:—

THE STANDARDS (QUALITY INSPECTION OF IMPORTS) REGULATIONS, 2009

1. These Regulations may be cited as the Standards (Quality Inspection of Imports) Regulations, 2009.

2. The goods set out in the Schedule shall, when imported into Kenya, be subjected to quality inspection by the Kenya Bureau of Standards at the port of entry.

3. The Bureau shall ensure that all products inspected under these Regulations meet the requirements of Kenya Standards or standards approved by the Bureau.

4. The quality inspection fees for the imported commodities shall be as set out in the second column of the Schedule.

5. The Bureau shall issue a Certificate of Release in respect of all goods inspected and approved by it for entry into Kenya.

6. The Bureau shall develop appropriate forms for use under these Regulations, and may develop different forms for different kinds of goods.

SCHEDULE    (r. 2, 5)

Goods    Fees Payable

Petroleum and Petroleum products    0.675 % of cost, insurance and freight (cif)

Dated the 3rd September, 2009.

HENRY KOSGEY,
Minister for Industrialization

18th September, 2009

LEGAL NOTICE NO. 141

THE PUBLIC PROCUREMENT AND DISPOSAL ACT
(No. 3 of 2005)

IN EXERCISE of the powers conferred by section 140 of the Public Procurement and Disposal Act, the Minister for Finance, makes the following Regulations:—

THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) REGULATIONS, 2009

Citation.
1. These Regulations may be cited as the Public Procurement and Disposal (Amendment) Regulations, 2009. 

2. The Public Procurement and Disposal Regulations in these regulations referred to as “the principal Regulations”, are amended by inserting the following new regulation immediately after regulation 93—   

Reservations.   
94. For the Purposes of section 39 (4) (c) of the Act, constituencies and local authorities shall be regions where citizen contractors who are located and operate in those regions shall be given exclusive preference when participating in procurements using Constituency Development Funds and Local Authority Transfer Funds, except where it is established that local capacity is not available.   

3. The Second Schedule to the Regulations is amended by deleting paragraph 16 and substituting therefore the following new paragraph—   

16 Tender Committee for the Constituency Development Fund.   

(a) Constituency Projects Tender Committee.   

MEMBERSHIP STRUCTURE   

Chairman   
Member of the Constituency Development Fund Committee appointed in writing by the Constituency Development Fund Account Manager   

Deputy Chairperson   
A person in charge of finance appointed in writing by the Constituency Development Committee Account Manager   

Members   
Three members of the Constituency Development Fund Committee elected by the Constituency Development Fund Committee   

District Accountant of the District or Accountant appointed in writing by the District  Accountant of the District.   

District Development Officer of the District or Development Officer appointed by the District Development Officer of the District.   

District Works Officer of the District or Works Officer appointed in writing by the District Works Officer of the District.   

Respective Departmental Representative of the District for the subject procurement.   

Secretary   
District Procurement Officer of the District or Procurement Officer appointed in writing by the District Procurement Officer of the District.   

(b) Constituency Development Fund Tender Committee.   

MEMBERSHIP STRUCTURE   

Chairman   
Elected from among members of the Constituency Development Fund Tender Committee.   

Deputy Chairman   
Treasurer of the Constituency Development Fund Committee.   

Members   
Secretary to the Constituency Development Fund Committee.   

Four members elected from the Constituency Development Fund Committee.   

Secretary   
Procurement Officer appointed in writing by District Procurement Officer of the District.   

4. Legal Notice No. 129 of 2009, is revoked.

Dated the 15th September, 2009.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

18TH SEPTEMBER, 2009

LEGAL NOTICE NO. 140

THE INCOME TAX ACT
 (Cap. 470)

DECLARATION OF SPECIAL ARRANGEMENTS FOR RELIEF FROM DOUBLE TAXATION

IN EXERCISE of the powers conferred by section 41 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance declares that the arrangements specified in the Schedule hereto,  between the Government of the Republic of Kenya and the Government of the French Republic  for the Avoidance of Double Taxation and the Prevention of Fiscal evasion with Respect to Taxes on Income, entered into on the 4th December, 2007, shall, notwithstanding anything to the contrary in the Income Tax  Act or in any other written law, have effect in relation to income tax.

SCHEDULE

The Government of the French Republic and the Government of the Republic of Kenya, desiring to conclude a convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income: 

HAVE AGREED AS FOLLOWS:

Please click here to download Legal Notice

25TH SEPTEMBER, 2009

LEGAL NOTICE NO. 139

THE INCOME TAX ACT
 (Cap. 470)

DECLARATION OF SPECIAL ARRANGEMENTS FOR RELIEF FROM DOUBLE TAXATION

IN EXERCISE of the powers conferred by section 41 of the Income Tax Act, the Deputy Prime Minister and Minister for Finance declares that the arrangements specified in the  agreement set out in the Schedule hereto,  between the Government of the Republic of Kenya and the Government of the French Republic for the Avoidance of Double Taxation with respect to air transport in international traffic, entered  into on the 12th January, 1996, shall, notwithstanding anything to the contrary in the  Income Tax Act or in any other written law, have effect in relation to income tax.

SCHEDULE

The Government of the French Republic and the Government of the Republic of Kenya, desiring to conclude an Agreement for the avoidance of double taxation with respect to air transport in international traffic, 

HAVE AGREED AS FOLLOWS:
ARTICLE 1

1. For the purpose of this Agreement, unless the context otherwise requires:
(a) The term “person” include an individual, a company and any other body of persons;

(b) The term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes;

(c) The term “enterprise of a Contracting State” and “enterprise of the other Contracting State” means respectively an enterprise carried on by a resident of a contracting State and an enterprise carried on by a resident of the other Contracting State”;

(d) The term “competent authority” means:

(i) in the case of the Republic of Kenya, the Minister responsible for Finance or his authorized representative;

(ii) in the case of the French Republic, the Minister in charge of the Budget or his authorized representative.

2. As regards the application of this Agreement by a contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that State concerning the taxes to which the Agreement applies.

ARTICLE 2

This Agreement shall apply to enterprises operating aircraft in international traffic and to employees of such enterprises, where such enterprises or employees are residents of one or both of the Contracting States.

ARTICLE 3

1. This Agreement shall apply to taxes on income imposed on behalf of the Contracting State or of its local authorities, irrespective of the manner in which they are levied.

2. There shall be regarded as taxes on income all taxes imposed on total income, or on elements of income, including taxes on gains from the alienation of property, as well as taxes on capital appreciation.

ARTICLE 4

1. For the purpose of this Agreement, the term “resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature.  But this term does not include any person who is liable to tax in that State in respect only of income from sources in that State.

2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:

(a) he shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are close (centre of vital interests);

(b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode;

(c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national;

(d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

3. Where by reason of the provisions of paragraph 4 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be resident of the State in which its place of effective management is situated.

ARTICLE 5

1. Profits derived by an enterprise of a Contracting State from the operation of aircraft in international traffic, including income from activities which are incidental of such operation, shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

2. The provisions of paragraph 1 of this Article shall also apply to a share of the profits from the operation of aircraft in international traffic derived by an enterprise of a Contracting State through participation in a pooled service, in a joint air transport operation or in an international operating agency.

3. For the purpose of paragraph 1, interest on funds directly connected with the operation of aircraft in international traffic shall be regarded as income from the operation of such aircraft.

4. Gains from the alienation of aircraft operated in international traffic or movable property pertaining to the operation of such aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

ARTICLE 6

Remuneration derived by a resident of a Contracting State in respect of an employment exercised aboard an aircraft operated in international traffic shall be taxable only in that State.

ARTICLE 7

1. The competent authorities of the Contracting States shall exchange such information as is necessary for the carrying out of this Agreement or for preventing fiscal fraud or evasion concerning taxes covered by the Agreement in so far as the taxation there under is in accordance with the Agreement.  Any information so exchanged shall be treated as secret and shall be disclosed only to any persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of the taxes which are subject of this Agreement.

2. In no case shall the provisions of paragraph 1 be construed so as to impose on one of the Contracting States the obligation:

(a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Contracting State;

(b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;

(c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy.

ARTICLE 8

1. Each of the Contracting States shall notify to the other the completion of the procedures required by its law for the bringing into force of this Agreement.  The Agreement shall enter into force on the date on which the later of those notifications has been received and shall have effect for income (including profits and gains) relating to taxable periods beginning on or after the first day of January following the year in which all formalities have been completed.

2. The Agreement shall remain in force indefinitely, but either of the Contracting States may, on or before 30th June in any calendar year from the date of its entry into force, give to the other Contracting State, through diplomatic channels, written notice of termination.  In such event the Agreement shall ease to have effect for income (including profits and gains) relating to taxable periods beginning on or after the first day of January in the calendar year next following that in which notice of termination is given.

3. This Agreement may be amended by mutual consent of both parties.

4. Any dispute which might arise in connection with the implementation or interpretation of this Agreement shall be settled through diplomatic channels, or by mutual agreement of the competent authorities who may communicate with each other directly for that purpose.

Dated the 1st September, 2009.

UHURU KENYATTA,
Deputy Prime Minister
and Minister for Finance.

18th September, 2009

LEGAL NOTICE NO. 138

THE FOREIGN INVESTMENT PROTECTION ACT 
(Cap. 518)

DECLARATION OF SPECIAL ARRANGEMENTS FOR THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

IN EXERCISE of the powers conferred by section 8B of the Foreign Investment Protection Act, the Deputy Prime Minister and Minister for Finance declares that the arrangements specified in the Schedule hereto, between the Government of the Republic of Kenya and the Government of the French Republic for the Reciprocal Promotion and Protection in relation to foreign investments, entered  into on the 4th December, 2007, shall, notwithstanding anything to the contrary in the  Foreign Investment  Protection Act or in any other written law, have effect in relation to investments promotion and protection.

SCHEDULE

The Government of the French Republic and the Government of the Republic of Kenya hereinafter referred to as the Contracting Parties,

Desiring to strengthen the economic reciprocal cooperation between both States and to create favourable conditions for investments,

Recognizing that the promotion and protection of these investments would succeed in stimulating transfers of capital and technology between the two countries in the interest of their economic development.

HAVE AGREED AS FOLLOWS:
ARTICLE 1
DEFINITIONS

For the purpose of this Agreement,
1. The term “investments” shall be construed to mean any kind of assets, such as goods, rights and interests of whatever nature invested before or after the entry into force of this Agreement and in conformity with the laws and regulations of the Contracting party in whose territory the investment is made.

Without limiting the generality of the foregoing, the term “investment” comprises:

(a) movable and immovable property as well as any other right in rem such as mortgages, liens, usufructs, pledges and similar rights;

(b) shares, premium on share and other kinds of interest in companies constituted in the territory of one Contracting Party;

(c) title to money or debentures, or title to any legitimate performance having an economic value;

(d) intellectual, commercial and industrial property rights such as copyrights, patents, licenses, trademarks, industrial models and industrial mock-ups, technical processes, know-how, trade names and goodwill;

(e) business concessions conferred by law or under contract, including concessions to search for, cultivate, extract or exploit natural resources, including those which are located in the maritime area of the Contracting Parties; and 

(f)  re-investment.

Any alteration of the form in which assets are invested shall not affect their qualification as investments provided that such alteration is not in conflict with the legislation of the Contracting Party on whose territory the investment is made.

2. The term “nationals” means natural persons possessing the nationality of either Contracting Party in accordance with its laws.

3. The term “investor” means, for either Contracting Party, 

(a) nationals, or

(b) any legal entity such as company, corporation, firm, partnership, business association, institution or organisation, incorporated or constituted in accordance with the laws and regulations of the Contracting Party and having its registered office or central administration or principal place of business within the jurisdiction of that Contracting Party, whether or not for profit and whether its liabilities are limited or not.

4. The term "returns" means the amounts yielded by investments and shall in particular, though not exclusively include profits, dividends, interest, royalties, capital gains, reinvestment returns or other income including payments in kind related to an investment.

5. The term “territory” means the land territory, internal waters and territorial sea of the Contracting Party and the airspace above them, as well as the maritime zones beyond the territorial sea, including the seabed and subsoil, over which that Contracting Party exercises sovereign rights or jurisdiction in accordance with its national laws in force and international law, for the purpose of exploration and exploitation of the natural resources of such areas.

ARTICLE 2 
PROMOTION AND ADMISSION OF INVESTMENTS

1. Each Contracting Party shall promote and admit in its territory, in accordance with its legislation and with the provisions of this Agreement, investments made by investors of the other Contracting Party.

2.  Each contracting party shall endeavour to encourage the use of both local human and material resources for the promotion of investment in its territory.

ARTICLE 3
FAIR AND EQUITABLE TREATMENT

Each Contracting Party shall ensure fair and equitable treatment of investments by investors of the other Contracting Party and shall not, in its territory impair by unreasonable or arbitrary measures the expansion, operation, management, maintenance, use, enjoyment, sale or other disposal of investments of investors of the other Contracting Party. 

ARTICLE 4
NATIONAL TREATMENT AND MOST FAVOURED NATION TREATMENT

1.  Each Contracting Party shall accord to investors of the other Contracting Party and to their investments, a treatment no less favourable than the treatment it accords to its own investors and their investments with respect to the expansion, operation, management, maintenance, use, enjoyment, sale or other disposal of investments.

2. Each Contracting Party shall accord to investors of the other Contracting Party and to their investments, a treatment no less favourable than the treatment it accords to investors of the most favoured nation and to their investments with respect to the expansion, operation, management, maintenance, use, enjoyment, sale or other disposal of investments.

3. Each Contracting Party shall accord to investors of the other Contracting Party and their investments the better of the treatments required by paragraph 1 and paragraph 2 of this Article, whichever is the more favourable to the investors or investments.

4. This treatment shall not include the privileges granted by one Contracting Party to investors of a third party State by virtue of its participation or association in a free trade zone, customs union, common market or any other form of regional economic organization.

5. Each Contracting Party may, in accordance with its laws and regulations, grant incentives, treatment, preferences or privileges through special policies or measures to its own investors only for the purpose of promoting small and medium sized enterprises and infant industries in its territory, subject to the condition that these shall not significantly affect the investments and activities of the investors of the other Contracting Party.

ARTICLE 5
PERMITS

1. Each Contracting Party shall, subject to its laws and regulations, treat favourably the applications relating to investments and grant expeditiously the necessary permits required in its territory, in connection with investments by investors of the other Contracting Party.

2.  Each Contracting Party shall, subject to its laws and regulations, grant temporary entry and stay and provide any necessary confirming documentation to natural persons who are employed from abroad as executives, managers, specialists or technical personnel in connection with an investment by an investor of the other Contracting Party, and who are essential for the enterprise, as long as these persons continue to meet the requirements of this paragraph. Immediate family members of such personnel shall also be granted a similar treatment with regard to entry and temporary stay in the territory of the host Contracting Party.

ARTICLE 6
DEPRIVATION AND COMPENSATION

1. The investments made by investors of one Contracting Party shall enjoy full and complete protection and safety in the territory of the other Contracting Party.

2.  Neither Contracting Party shall take any measures of expropriation or nationalization or any other measures depriving, directly or indirectly, an investor of the other Contracting Party of an investment unless the following conditions are complied with:

(i) the measures are taken in the public or national interest and in accordance with the law

(ii) the measures are not discriminatory

(iii) Provisions for the payment of prompt and full compensation to accompany the measures.

3. Such compensation shall amount to the market value of the expropriated investment at the time immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier. The market value shall be determined in accordance with generally accepted principles of valuation, taking into account, inter alia, the capital invested, replacement value, appreciation, current returns, the projected flow of future returns, goodwill and other relevant factors.

4. The said compensation, the amounts and conditions of payment, shall be set not later than the date of dispossession. Compensation shall be fully realisable, transferable and shall be paid without any restriction or delay. It shall include interest at a commercial rate established on a market basis for the currency of payment from the date of dispossession of the expropriated property until the date of actual payment.

5. Without prejudice to the provisions of Article 8 of this Agreement, the investor whose investments are expropriated or who suffers comparable measures shall have the right to prompt review of its case and of valuation of its investments in accordance with the principles set out in this Article, by access to judicial or other competent authority of that Contracting Party.

6. Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or other armed conflict, a state of national emergency, revolt, insurrection or riot in the territory of the latter Contracting Party, shall be accorded by the latter Contracting Party, as regards restitution, indemnification, compensation or other settlement, a treatment no less favourable than the one accorded by the latter Contracting Party to its own investors or investors of  the most favoured nation, whichever, according to the investor, is the more favourable.

ARTICLE 7
FREE TRANSFER

1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively:

(a) principal and additional amounts to maintain, develop or increase the investment;

(b) returns;

(c) proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares;

(d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses;

(e) compensation payable pursuant to Articles 6, 8 and 9

(f) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment.

2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be promptly transferable.

3. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights.

4. In case of an unjustified delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested until the date of actual transfer and shall be borne by that Contracting Party.

5. When, in exceptional circumstances, capital movements from or to third countries cause or threaten to cause a serious disequilibrium to its balance of payments, each Contracting Party may temporarily apply safeguard measures to the transfers, provided that these measures shall be strictly necessary, would be imposed in an equitable, non discriminatory and in good faith basis and shall not exceed in any case a six months period.

6. The application of this Article is subject to compliance with the tax laws, regulations and conventions of each Contracting State.

7.  The Contracting Party shall, with respect to this Article, honour its obligations arising from participation in or association with a free trade area, customs union, common market, economic and monetary union or any other of regional cooperation or integration.

ARTICLE 8
SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY

1. Any dispute arising directly from an investment between one Contracting Party and an investor of the other Contracting Party should be settled amic¬ably between the two parties to the dispute.

2. If the dispute has not been settled within three (3) months from the date on which it was raised in writing, the dispute may, at the choice of the investor, be submitted to:

(a) the competent courts of the Contracting Party in whose territory the investment is made; or

(b) arbitration by the International Centre for Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington on 18 March 1965 (hereinafter referred to as the “Centre”), if the Centre is available; or

(c) an ad hoc arbitration tribunal to be established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL); or

(d) any other previously accepted ad hoc arbitration tribunal.

3. An investor who has submitted the dispute to a national court may nevertheless have recourse to one of the arbitral proceedings mentioned in paragraphs 2 (b) to 2 (d) of this Article if, before a judgement has been delivered on the subject matter by a national court, the investor declares not to pursue the case any longer through national proceedings and withdraws the case.

4. Any arbitration under this Article shall, at the request of either party to the dispute, be held in a state that is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), opened for signature at New York on 10 June 1958. Claims submitted to arbitration under this Article shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of the New York Convention.

5. Each Contracting Party hereby gives its unconditional consent to the submission of a dispute between it and an investor of the other Contracting Party to arbitration in accordance with this Article.

ARTICLE 9
GUARANTEE AND SUBROGATION

1. In the event that the regulations of one Contracting Party contain a guarantee for investments made abroad, this guarantee may be accorded, after examining case by case, to investments made by investors of this Party on the territory of the other Party.

2. Investments made by investors of one Contracting Party on the territory of the other Contracting Party, may obtain the guarantee referred to in the foregoing paragraph only if they have been previously agreed to by the other Party.

3. If one Contracting Party, as a result of a guarantee given for an investment made on the territory of the other Contracting Party, makes payments to its own investors, the first mentioned Party has in this case full rights of subrogation with regard to the rights and actions of the investors.

4. The payments shall not affect the rights of the beneficiary of the guarantee to have recourse to the ICSID or to continue proceedings submitted to it until completion.

ARTICLE 10
SPECIAL COMMITMENT

If the law of either Contracting Party or obligations under international law, existing at present or established hereafter between the Contracting Parties in addition to this Agreement, contain a provision, whether general or specific, entitling investments made by investors of the other Contracting Party to a treatment more favourable than is provided by this Agreement, such provisions shall, to the extent that they are more favourable to the investor, prevail over this Agreement.

ARTICLE 11
SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

1  Disputes between the Contracting Parties concerning the interpretation and application of this Agreement shall, as far as possible, be settled through diplomatic channels.

2.  If the dispute cannot thus be settled within six (6) months following the date on which either Contracting Party requested such negotiations; it shall at the request of either Contracting Party be submitted to an Arbitral Tribunal.

3. Such an Arbitral Tribunal shall be constituted for each individual case in the following way. 

Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. Those two members shall then select a national of a third State who, on approval by the two Contracting Parties, shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within three (3) months from the date of appointment of the other two members.

4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this Article, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.

5. The Arbitral Tribunal shall reach its decision by a majority of votes. The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the costs of the member appointed by that Contracting Party and of its representation in the arbitral proceedings. Both Contracting Parties shall assume an equal share of the costs of the Chairman, as well as any other costs. The Tribunal may make a different decision regarding the sharing of the costs. In all other respects, the Arbitral Tribunal shall determine its own rules of procedure. 

6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.

ARTICLE 12 
GENERAL DEROGATIONS

1.  Nothing in this Agreement shall be construed as preventing a Contracting Party from taking any action necessary for the protection of its essential security interests and maintenance of public order in time of war or armed conflict; provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination by a Contracting Party, or a disguised investment restriction. 

2. The provisions of this Article shall not apply to Article 7 paragraph 1(e) of this Agreement.

ARTICLE 13
OTHER PROVISIONS

1. Nothing in this Agreement shall be construed to prevent any Contracting Party from taking any measure to regulate investment of foreign companies and the conditions of activities of these companies in the framework of policies designed to preserve and promote cultural and linguistic diversity.

2. For the purpose of this Agreement, it is understood that the Contracting Parties are responsible for the actions or omission of their sub-sovereign entities, including though not exclusively their federal states, regions, local governments or any other entity over which the Contracting Party exercises the control, the representation or the responsibility of its international affairs, or its sovereignty consistent with its internal legislation.

ARTICLE 14 
ENTRY INTO FORCE AND TERMINATION

1. Each Party shall notify the other of the completion of the constitutional procedures required concerning the entry into force of this Agreement, which shall enter into force one month after the date of receipt of the final notification.

2.  The Agreement shall be in force for an initial period of ten years. It shall remain in force thereafter, unless one of the Contracting Parties gives one year's written notice of termination through diplomatic channels.

3. In case of termination of the period of validity of this Agreement, investments made while it was in force shall continue to enjoy the protection of its provisions for an additional period of twenty years.

Dated the 1st September, 2009.

UHURU KENYATTA,
Deputy Prime Minister
and Minister for Finance

11th September, 2009

LEGAL NOTICE NO. 137

THE TRAFFIC ACT
(Cap 403)

EXEMPTION

IN EXERCISE of the powers conferred by section 120 of the Traffic Act, the Minister for Transport exempts the vehicle, described by reference to chassis number and type as shown in the Schedule from the provisions of rule 41(1)(a) of the Traffic Rules, with effect from 1st September, 2009.

SCHEDULE

Chassis No.	Type	Name of the Firm
DDU 6968/06	Low Loader	H. Young and Co. E.A. Limited

C.A. MWAKWERE

Minister for Transport

11th September, 2009

LEGAL NOTICE NO 136

THE FERRIES ACT
(Cap 410)

IN EXERCISE of the powers conferred by section 6 of the Ferries Act, the Minister for Transport makes the following Rules:-

THE FERRIES (VEHICLE TOLL CHARGES) (AMENDMENT) RULES, 2009

1. These Rules may be cited as the Ferries (Vehicle Toll Charges) (Amendment) Rules, 2009 and shall come into force on 1st October, 2009.

2. The Ferries (Vehicle Toll Charges) Rules, are amended by deleting the Schedule and substituting therefore the following new Schedule:

SCHEDULE

Tariffs Adjustment: Category	Vehicle length up to (metres)	Applicable rates (KSh.)
Car/Tuk tuk	3.5	60
Car	4.5	75
Car	6	90
Land-Rover	-	150
Land-Rover/pick-up	-	180
Tuk tuk/car towing	3.5-6.0	180
Kombi	5	165
Pick-up (half ton)	5	150
Pick-up (one ton)	5	165
Truck	5.5	210
Truck	6	225
Truck	7	330
Truck	7.5	360
Truck	8	390
Truck	8.5	435
Truck	9	480
Truck	9.5	495
Truck	10	525
Truck	11	615
Truck	11.5	645
Truck	12	660
Truck	12.5	735
Truck	13	765
Truck	13.5	795
Truck	14	855
Truck	15	870
Truck	15.5	885
Truck	16	930
Truck	16.5	960
Truck on tow	17	990
Trailer (empty)	-	4,200
All mini buses/box boarded matatus	7	645
Petrol car	-	1,280
Kerosene (empty)	-	1,400
Petrol tanker (empty)	-	4,200
Motor cycle	-	30
Mkokoteni	-	30
Surcharge on a loaded lorry/trailer (up to 20 tons)	-	300
Surcharge on a loaded mkokoteni	-	20
Ten wheeled truck above 10 tons	-	1,500
Truck on tow	-	1,800
Pick-up/kombi on tow	-	442.5
Surcharge on a loaded bus	-	120
Surcharge on a loaded mini bus	-	120
Surcharge on a loaded pick-up	-	45
Surcharge on a loaded bicycle	10	22.5
Ferry Passes
Car	3.5	33,600
Car	4.5	36,000
Car	4	43,200
Pick-up	-	83,000
Motor cycle	-	12,600

Dated the 26^th August, 2009

C.A. MWAKWERE

Minister for Transport

11th September, 2009

LEGAL NOTICE NO 135

THE LIQUOR LICENSING ACT
(Cap. 121)

LICENSING AREA

IN EXERCISE of the powers conferred by section 3 of the Liquor Licensing Act, the Minister of State for Provincial Administration and Internal Security declares the area specified in the first column of the Schedule hereunder to be a licensing area for the purposes of the Act, and is to be known by the respective name specified in the second column hereunder.

SCHEDULE

Rift Valley Province

The Kajiado North District                                   Ngong Licensing Area

Dated the 1st September, 2009

GEORGE SAITOTI
Minister for State for Provincial 
Administration and Internal Security

11th September, 2009

LEGAL NOTICE NO. 134

THE NATIONAL HOSPITAL INSURANCE FUND ACT
(No. 9 of 1998)

DECLARATION OF HOSPITALS

IN EXERCISE of the powers conferred by section 27 of the National Hospital Insurance Fund Act, 1998, the National Hospital Insurance Fund Board of Management, in consultation with the Minister for Medical Services has approved the rebates of the following hospitals for purposes of the Act

Name of Hospital	Address	Rebate (KSh.)
Kihara Sub-District Hospital	P.O. Box 39, Kiambu	1,000
Endebess Sub-District Hospital	P.O. Box 3979, Kitale	1,000
Kianyaga Sub-District Hospital	P.O. Box 24, Kerugoya	1,000
Ikanga Sub-District Hospital	P.O. Box 87, Mutomo	1,000
Karurumo Rural Health Training Centre	P.O. Box 859, Embu	1,000
Kyuso District Hospital	P.O. Box 13, Kyuso	1,000
Nyando District Hospital	P.O. Box 79, Pap Onditi	1,000
Kirwara Sub-District Hospital	P.O. Box 227, Thika	1,000
Chemolingot District Hospital	P.O. Box 39, Nginyang	1,000
Mother Francisca Maternity and Nursing Home	P.O. Box 268, Kapsabet	1,400
Kaiboi Mission Health Centre	P.O. Box 3306, Eldoret	1,100
Ahmadiya Muslim Hospital, Shianda	P.O. Box 77, Shianda	1,400
Rombo Mission Hospital	P.O. Box 2, Loitoktok	1,200
St. George’s Medical Centre	P.O. Box 6094, Kondele	1,200
Mutwati Nursing and Maternity Home	P. O. Box 39, Maua	1,200
Victoria Hospital Limited	P.O. Box 705–00518, Nairobi	1,200
Lakeview Nursing and Maternity Services	P.O. Box 27, Naivasha	1,200
Jahmii Medical Centre	P.O. Box 54012, Nairobi	1,000

Dated the 18th August, 2009
F. M. NGULLI,
Chairman,
National Hospital Insurance Fund.

R. L. KERICH,
Chief Executive Officer,
National Hospital Insurance Fund.

4th September, 2009

LEGAL NOTICE NO. 133

THE NATIONAL HOSPITAL INSURANCE FUND ACT
(No. 9 of 1998)

REVISION OF REBATES

IN EXERCISE of the powers conferred by section 27 of the National Hospital Insurance Fund Act, 1998, the National Hospital Insurance Fund Board of Management, in consultation with the Minister for Medical Services has revised the rebates of the following hospitals for purposes of the Act.

Hospitals	Address	New Rebate
Dung Maternity and Nursing	P.O. Box 1534, Kisumu	1,400
Family Health Options KenyaNairobi	P.O. Box 30581,	2,000

Dated the 18th August, 2009

F. M. NGULLI,
Chairman,
National Hospital Insurance Fund.

R. L. KERICH,
Chief Executive Officer,
National Hospital Insurance Fund.

11th September, 2009

LEGAL NOTICE NO. 132

THE NATIONAL HOSPITAL INSURANCE FUND ACT
(No. 9 of 1998)

DECLARATION OF HOSPITALS

IN EXERCISE of the powers conferred by section 30 (1) of the National Hospital Insurance Fund Act, 1998, the National Hospital Insurance Fund Board of Management, in consultation with the Minister for Medical Services and the Chairman of the Medical Practitioners and Dentist Board declares the following hospitals to be hospitals for purposes of the Act.

Declared Hospitals:

Kihara Sub-District Hospital;
Endebess Sub-District Hospitals;
Kianyaga Sub-District Hospitals;
Ikanga Sub-District Hospital.
Karurumo Rural Health Training Centre;
Kyuso District Hospital;
Nyando District Hospital;
Kirwara Sub-District Hospital;
Chemolingot District Hospital;
Mother Francisca Maternity and Nursing Home;
Kaiboi Mission Health Centre;
Ahmadiya Muslim Hospital, Shianda;
Rombo Mission Hospital;
St. George’s Medical Centre;
Mutwati Nursing and Maternity Home;
Victoria Hospital Limited;
Lakeview Nursing and Maternity Services;
Jahmii Medical Centre.

Dated the 18th August, 2009.

F. M. NGULLI,
Chairman,
National Hospital Insurance Fund.

R. L. KERICH,
Chief Executive Officer,
National Hospital Insurance Fund.

11th September, 2009

LEGAL NOTICE NO. 131

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order:—

THE REGISTERED LAND (APPLICATION) (NO. 13) ORDER, 2009

1. This Order may be cited as the Registered Land (Application) (No. 13) Order, 2009.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Reference No.	Area in hectares	Situation
10383	171	Nakuru District

Dated the 29th May, 2009.

JAMES ORENGO,
Minister for Lands.

4th September, 2009

LEGAL NOTICE NO. 130

THE NATIONAL MUSEUMS AND HERITAGE ACT
(No. 6 of 2006)

CONFIRMATION OF SITES AND MONUMENTS

IN EXERCISE of the powers conferred by section 25 (3) of the National Museums and Heritage Act, the Minister of State for National Heritage and Culture confirms the monuments, protected areas and buildings set out in the Schedule, which he considers of historical and archeological interest to be sites and monuments within the meaning of the Act.

SCHEDULE

VIGANGO—OF THE GIRYAMA TRIBE

All those objects known as Vigango found and used as funeral posts among the Giryama tribe in Coast Province.

EAST ALEGO NYANGOMA KOGELO

All that area known as East Alego Nyangome Kogelo, parcel No. 364 measuring approximately three decimal six (3.6) hectares, situated in Siaya District.

ST. PETERS CATHOLIC CHURCH

All that building known as St. Peters Catholic Church measuring approximately 40ft x 40ft and geographical measurements of 819.224 mE, 9879288.3 mN situated in Narok District, Rift Valley Province.

OLD ASIAN SCHOOL

All that building known as the Old Asian School measuring approximately 50ft x 25ft and geographical measurements of 819,859 mE, 98795986.7 mN situated in Narok District, Rift Valley Province.

FORMER ITALIAN BARRACKS

All that building known as the former Italian Barracks measuring approximately 8ft x 30ft and geographical measurements of 819.167 mE, 9880051.6 mN situated in Narok District, Rift Valley Province.

CITY PARK

An area of forest land on L.R. No. 209/6559/6 measuring approximately sixty (60) hectares and set out in part development plan No. CPD and ARCH/FP/20/111/97 known as City Park in Parklands area in the city of Nairobi.

OL DONYO SABUK HOUSE, KILIMA MBOGO

All that building known as Ol Donyo Sabuk House, Kilima Mbogo and the surrounding compound of the central farm of Muka Mukuu farmers Co-operative, measuring about 33,000 acres, Kyeleni Sub-location, Kymzavi Location, Matunguru Division, Machakos District, Eastern Province.

Dated the 17th August, 2009.

WILLIAM OLE NTIMAMA,
Minister of State for National Heritage and Culture.

11th September, 2009

LEGAL NOTICE NO. 129

THE PUBLIC PROCUREMENT AND DISPOSAL ACT
(No. 3 of 2005)

IN EXERCISE of the powers conferred by section 140 of the
Public Procurement and Disposal Act, the Minister for Finance, makes
the following Regulations:—

THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) REGULATIONS, 2009

1. These Regulations may be cited as the Public Procurement and Disposal (Amendment) Regulations, 2009.

Citation.
2. The Public Procurement and Disposal Regulations in these regulations referred to as “the principal Regulations”, are amended by inserting the following new regulation immediately after regulation 93—

Reservations. 
94. For the Purposes of section 39 (4) (c) of the Act, constituencies and local authorities shall be regions where citizen contractors who are located and operate in those regions shall be given exclusive preference when participating in procurements using Constituency Development Funds and Local Authority Transfer Funds, except where it is established that local capacity is not available.

3. The Second Schedule to the Regulations is amended by deleting paragraph 16 and substituting therefore the following new paragraph—

16 Tender Committee for the Constituency Development Fund.

(a) Constituency Projects Tender Committee.

MEMBERSHIP STRUCTURE

Chairman 
Member of the Constituency Development Fund Committee appointed in writing by the Constituency Development Fund Account Manager

Deputy Chairperson
A person in charge of finance appointed in writing by the Constituency Development Committee Account Manager

Members 
Three members of the Constituency Development Fund Committee elected by the Constituency Development Fund Committee 

District Accountant of the District or  Accountant appointed in writing by the District Accountant of the District.

District Development Officer of the District or Development Officer appointed by the District Development Officer.

District Works Officer of the District or Works Officer appointed in writing by the District Development Officer.

Respective Departmental Representative of the District for the subject procurement.

Secretary 
District Procurement Officer of the District or Procurement Officer appointed in writing by the District Procurement Officer.

(b) Constituency Development Fund Tender Committee.

MEMBERSHIP STRUCTURE

Chairman 
Elected from among members of the Constituency Development Fund Tender Committee.

Deputy Chairman
Treasurer of the Constituency Development Fund Committee.

Members 
Secretary to the Constituency Development Fund Committee.

Treasurer in the Constituency Development Fund Committee.

Four members elected from the Constituency Development Committee.

Secretary 
Procurement Officer appointed in writing by District Procurement Officer.

Dated the 3rd August, 2009.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

4th September, 2009

LEGAL NOTICE NO. 128

THE INSURANCE ACT
(Cap. 487)

EXEMPTION

IN EXERCISE of the powers conferred by section 181 of the Insurance Act, the Deputy Prime Minister and Minister for Finance exempts FCB Takaful (Insurance) Agency Limited from the provisions of section 153 (5) of the Insurance Act.

Dated the 31st August, 2009.

UHURU KENYATTA,
Deputy Prime Minister
and Minister for Finance.