January 2009 (LNs 1-12)

1-Banking Act Fina Bank Exemption, 2009

1-Banking Act Fina Bank Exemption, 2009

2nd January, 2009

LEGAL NOTICE No. 1

THE BANKING ACT
(Cap. 488)

EXEMPTION

IN EXERCISE of the powers conferred by section 53 of the Banking Act, the Acting Minister for Finance exempts Fina Bank Limited, from the provisions of section 12(b) of the Act, with respect to investments in its banking subsidiaries in Rwanda and Uganda, for a period of ten (10) years with effect from 1st December, 2008.

Dated the 22nd December, 2008

JOHN MICHUKI
Acting Minister for Finance

2-Banking Act Barclays Bank La Riba Exemption, 2009

2-Banking Act Barclays Bank La Riba Exemption, 2009

2nd January, 2009

LEGAL NOTICE No. 2

THE BANKING ACT
(Cap. 488)

EXEMPTION

IN EXERCISE of the powers conferred by section 53 of the Banking Act, the Acting Minister for Finance exempts Barclays Bank of Kenya Limited, from the provisions of section 12(a) and (c) of the Banking Act, with respect to the La Riba Personal Finance and La Riba Asset Finance products for a period of five (50 with effect from 1st December, 2008.

Dated the 22nd December, 2008

JOHN MICHUKI
Acting Minister for Finance

3-Income Tax Amendment, 2010

3-Income Tax Amendment, 2010

2nd January, 2009

LEGAL NOTICE No. 3

THE INCOME TAX ACT
(Cap. 470)

AMENDMENT

IN EXERCISE of the powers conferred by section 13(2) of the Income Tax Act, the Acting Minister for Finance amends Legal Notice No. 63 of 2008 by deleting the word “thirteen” and substituting therefore the word “six”.

Dated the 24th December, 2008

JOHN MICHUKI
Acting Minister for Finance

4-Preservation of Public Security Act Declaration, 2010

4-Preservation of Public Security Act Declaration, 2010

21st January, 2009

LEGAL NOTICE No. 4

THE PRESERVATION OF PUBLIC SECURITY ACT
(Cap. 57)

DECLARATION

WHEREAS under section 2 of the Preservation of Public Security Act, the expression “the preservation of public security” includes –

(a) the provision of a sufficiency of the supplies and services essential to life and well-being of the community, their equitable distribution and availability at fair prices; and

(b) the provision of administrative and remedial measures during periods of actual or apprehensible national danger or calamity, or in consequence of any disaster or destruction arising from natural causes;

AND WHEREAS I am satisfied that the current period of prolonged drought is a national calamity or disaster;

NOW THEREFORE, IN EXERCISE of the powers conferred by section 3(1) of the Preservation of Public Security Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, declare that the provisions of Part II of the Preservation of Public Security Act are brought into operation in the Republic of Kenya.

This Notice shall expire on the 30th September, 2009

Legal Notice No. 7 of 1997, is revoked.

Made on the 16th January, 2009

MWAI KIBAKI
President

5-Microfinance (Deposit Taking Microfinance Deposit Protection Fund) Regulations, 2009

5-Microfinance (Deposit Taking Microfinance Deposit Protection Fund) Regulations, 2009

23rd January, 2009

LEGAL NOTICE NO 5

THE MICROFINANCE ACT
(No 19 of 2006)

IN EXERCISE of the powers conferred by section 48(2) of the Microfinance Act, the Minister for Finance makes the following Regulations: -

THE MICROFINANCE (DEPOSIT TAKING MICROFINANCE DEPOSIT PROTECTION FUND) REGULATIONS, 2009

Citation.
1. These Regulations may be cited as the Microfinance (Deposit Taking Microfinance Deposit Protection Fund) Regulations, 2009.

Interpretation
4. In these Regulations, unless the context otherwise requires –

“Board” means the Deposit Protection Fund Board established under section 36 of the Banking Act;

“contributory institution” means an institution licensed that has received a notice to contribute under regulation 3(2);

“protected deposit” means the total liability of the institution to the depositor limited to a maximum of one hundred thousand shillings.

Contribution to the Fund.
3. (1) The Central Bank shall upon licensing an institution under the Act, notify the Board.

(2) The Board shall, after it has been notified by the Central Bank under paragraph (1), send a notice to contribute, specifying the premium payable by an institution and stating the period within which the premium shall be payable by the licensed institution.

(3) An institution shall, upon the commencement of its operations and receiving a notice to contribute under regulation 3(2), be a contributory institution to the Fund.

(4) The Board shall calculate the premium payable based on an institution’s average deposit liabilities over a period of twelve months or such other shorter period preceding the levying of contributions.

(5) The contribution payable by a contributory institution shall be 0.15% of the average annual deposits or three hundred thousand shillings, whichever is higher:

Provided that the minimum premium payable shall be three hundred thousand shillings.

(6) The Board shall upon receiving a contribution from a contributory institution issue a certificate of deposit protection in Form C set out in the Third Schedule to the contributory institution.

Submission of monthly returns.
4. Every institution licensed under the Act shall, on a monthly basis, prepare and submit to the Board –

(a) certified statements of deposits for each month in Form A set out in the First Schedule;

(b) deposit analysis by range, type and number of accounts in the prescribed format in the Second Schedule; and

(c) any other returns as the Board may require from time to time.

Waiver of contribution.
5. Where it appears to the Board that a licensed institution is carrying on substantially the same business as that previously carried on by one or more institutions that are, or were contributory institutions, it may waive contribution for the licensed institution.

Provided that nothing in these Regulations shall entitle any institution to a repayment of the contributions previously made to the Fund.

Revocation of protection
6. The Board may revoke a contributory institution’s deposit protection cover where the contributory institution –

(a) has failed to pay the assessed premium; or

(b) conducts it’s affairs in a manner detrimental to its interests or the interest of its depositors.

Protected deposit.
7. (1) The Minister may, on the recommendation of the Board, increase the maximum protected deposit amount specified under these Regulations by an Order in the Gazette.

(2) The Board shall, when determining the liability of a contributory institution to a depositor, not take in to account any liability in respect of a deposit if it is no longer protected or if it is made after the termination of protection of deposits of that institution.

(3) The Board shall, before terminating the protection of the deposits of an institution, publish a notice in the Gazette and in one newspaper of a nationwide circulation, stating its intention to terminate protection of deposits in an institution.

(4) Unless the Board otherwise directs, there shall be deducted the amount of any liability of a depositor to the contributory institution in respect of which a right of set-off existed immediately before the institution became insolvent, against any such deposit or in respect of which such a right would then have existed if the deposit in question had been payable on demand and the liability in question had fallen due.

Right to consolidate accounts.
8. The Board shall, when determining the amount payable to a depositor, consolidate all the depositor’s related accounts in a contributory institution for the purposes of payment.

Payments out of the Fund.
9. (1) When a contributory institution whose deposits are protected becomes insolvent, the Board shall, as soon as is practicable pay out of the Fund by cash, cheque or bank transfer to a depositor, who has a protected deposit with the contributory institution, an amount equal to his protected deposit.

(2) The Board shall not consider any liability unless proof of the debt that gives rise to the liability has been given to the Board in such manner, as the Board shall determine.

(3) Where the records of a contributory institution are incorrect, misleading or uncertain, the Board may pay a percentage of the protected deposit that it considers appropriate in the circumstances.

Limitation of claims
10. Notwithstanding the provisions in any other written law a claim for payment of –

(a) a protected deposit by a creditor of an institution shall not be brought after the expiry of two years from the date of publication of commencement of such payment by the Board; or

(b) a dividend by a creditor of an institution shall not be brought after the expiry of one year from the date of publication of commencement of such payment by the Board.

Provided that this regulation shall not apply to a person who has, for reasons beyond his control and to the satisfaction of the Board, been unable to make his claim.

Liability of insolvent institutions.
11. (1) Where a contributory institution is insolvent and the Board had made or is under an obligation to make an insolvency payment to a depositor, the institution shall become liable to the Board, for a contractual debt incurred immediately before the institution become insolvent for an amount equal to the Board’s liability to depositors.

(2) An insolvent institution shall not make any payment to a depositor unless it has fully repaid the Board all the moneys that the Board had paid the depositor.

(3) An insolvent contributory institution shall reduce its liability to a depositor by an amount equal to the insolvency payment made or is to be made by the Board to the depositor.

Liquidator’s duty to the Board.
12. (1) The liquidator of an insolvent contributory institution shall pay to the Board the amount paid to a depositor as protected deposit under regulation 9, and thereafter pay to the depositor any excess amount.

(2) The Board may, by notice in writing served on a contributory institution or the liquidator of an insolvent contributory institution to furnish the Board with information and such books, papers or records as the Board may require to carry out its functions under the Act at the place specified in the notice.

(3) Where any books, papers or records have come into the possession of the official receiver or the liquidator as a result of the insolvency of a contributory institution, the official receiver or the liquidator shall permit any person duly authorized by the Board in writing to inspect such books, papers or records.

Notice of appointment and security.
13. (1) Where the Board is appointed as a liquidator of an insolvent contributory institution, it shall, as soon as practicable, cause a notice of its appointment to be published in the Gazette and at least one daily newspaper of nation wide circulation.

(2) The Board shall not be required to give any security in respect of any matter in which it is a party due to its appointment as a liquidator.

Meeting of Creditors.
14. Where the Board has been appointed as a liquidator of an institution, it shall not, unless the court otherwise directs, convene a meeting of the creditors and contributors under the provisions of section 236 of the Companies Act.

Power to waive proof of debt.
15. Where the Board has been appointed as a liquidator of an insolvent contributory institution, it may, if it deems fit, admit the claim of any depositor or class of depositors without submission of formal proof of debt and shall notify the depositor or depositors concerned accordingly.

Power of the Board to decide all claims.
16. (1) The Board shall have discretion to receive and decide whether to admit or reject any claim made by or against an insolvent contributory institution, otherwise determination the issue of priorities or any other matter which may relate to or arise in the course of winding-up of an insolvent contributory institution.

(2) A party who is dissatisfied with the decision of the Board may apply for review to the High Court under the Companies Act.

Pending of proceedings.
17. (1) Where an institution being wound up, no suit or any other legal proceedings, in respect of which the High Court has jurisdiction under the Act that is pending in any court immediately before the commencement of the Act or the commencement of the winding-up of the institution, whichever is later, shall proceed except in the manner provided under the Act.

(2) Nothing in this paragraph shall apply to any proceeding pending on appeal before the High Court or the Court of Appeal.

Winding up.
18. Where the Board is appointed as the liquidator of on insolvent institution under section 38(1) of the Act, the Board shall wind up the institution in accordance with the provisions of the Companies Act.

FIRST SCHEDULE

(r. 4(a))

DEPOSIT PROTECTION FUND BOARD

FORM A  

MONTHLY CERTIFIED STATEMENTS OF DEPOSITS

FORM/DPFB/MFI I

1. Name of Institution ……………………………………………

2. Certificate of Deposit Protection Number ………………………….

3. For the month ended ……………………………………………………….

4. Return

 

 

 

Category of Deposits

Amount (KSh. ‘000)

1.

Demand

 

2.

Savings

 

3.

Call

 

4.

Fixed

 

5.

Accrued interest

 

6.

Other deposit liabilities

 

 

TOTAL

 

 a) Authorized Signature ………………………………………………………….

Name of officer ………………………………………………………………

Designation ………………………………………………………………….

b). Authorized Signature ………………………………………………..

Name of officer ………………………………………………………..

Designation

SECOND SCHEDULE
(

r. 4(b))

DEPOSIT PROTECTION FUND BOARD

FORM B

MONTHLY DEPOSIT ANALYSIS BY RANGE, TYPE AND NUMBER OF ACCOUNTS

FORM/DPFB/MFI/2

1. Name of Institution …………………………………………….

2. Certificate of Deposit Protection Number ……………………………………..

3. For the month ended …………………………………………………………….

4. Returns:

 

 

Range (KSh.)

Type of Account

Number of Accounts

Amount (KSh. 000)

Less than 50,000

Demand

Savings

Call

Fixed

Accrued interest

Other deposit liabilities

 

 

50,001 to 100,000

Demand

Savings

Call

Fixed

Accrued interest

Other deposit liabilities

 

 

500,001 to 1,000,000

Demand

Savings

Call

Fixed

Accrued interest

Other deposit liabilities

 

 

Over 1,000,000

Demand

Savings

Call

Fixed

Accrued interest

Other deposit liabilities

 

 

 

TOTAL

 

 

   a). Authorized Signature ………………………………Name of officer ………………………………………..Designation ………………………………………

b). Authorized Signature …………………………………..
Name of officer ………………………………………………
Designation …………………………………………………..

THIRD SCHEDULE

(r. 3(6))

FORM C

THE MICROFINANCE ACT, 2006

CERTIFICATE OF DEPOSIT PROTECTION

MF No…………….

This is to Certify that ……………………………………………………………………………….
……………………………………………………………………………….
being a licensed deposit taking microfinance institution within the meaning of the Microfinance Act, 2006, is accepted as a Contributory Institution for the purpose of section 39 of the Act.

This certificate shall become invalid upon withdrawal of the institution’s licence under section 9 of the Act or upon termination of protection.

Dated the 9th December, 2008

………………………………………..
CHAIRMAN
Deposit Protection Fund Board.

Dated the 9th December, 2008

JOHN MICHUKI
Acting Minister for Finance

6-Microfinance (Deposit-Taking Microfinance Institutions Administrative Sanctions and Penalties) Regulations, 2009

6-Microfinance (Deposit-Taking Microfinance Institutions Administrative Sanctions and Penalties) Regulations, 2009

23rd January, 2009

LEGAL NOTICE NO 6

THE MICROFINANCE ACT
(No 19 of 2006)

IN EXERCISE of the powers conferred by section 48(2) and (3) of the Microfinance Act, the Minister for Finance makes the following Regulations: -

THE MICROFINANCE (DEPOSIT-TAKING MICROFINANCE INSTITUTIONS ADMINISTRATIVE SANCTIONS AND PENALTIES) REGULATIONS, 2009

Citation.
1. These Regulations may be cited as the Microfinance (Deposit Taking Microfinance Institutions Administrative Sanctions and Penalties) Regulations, 2009.

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

“administrative sanction” means a supervisory enforcement action by the Central Bank against an institution meant to contain regulatory forbearance and protect the interest of the depositors and creditors of an institution;

“cease and desist order” means an order issued by the Central Bank to an institution directing the institution to refrain from doing anything that is unsafe or that may prejudice depositor’s interest;

“prompt corrective action” means a framework or supervisory enforcement action applied to institutions that fail to maintain the minimum capital adequacy requirements or such other capital requirements as may be determined by the Central Bank.

Specific violation.
3. The following shall constitute specific violations by an institutions, its officers or employees, which shall be subject to administrative sanctions and assessment of monetary penalties;

(a) failure by an institution to –

(i) pay to the Deposit Protection Fund Board the specified contribution;

(ii) obtain prior written approval from the Central Bank to open, relocate or close a place of business;

(iii) classify and assign risk weights in the evaluation of capital adequacy measurements;

(iv) put in place risk management framework;

(v) maintain the prescribed insider lending limits;

(vi) maintain the prescribed inside lending limits;

(b) failure by an institution or its officers to –

(i) maintain, at all times, the minimum capital requirements prescribed in the Act or such capital requirements as may be determined by the Central Bank from time to time;

(ii) meet and maintain the minimum holding of liquid assets prescribed for the institution’s deposit liabilities, matured and short term liabilities;

(iii) undertake performance evaluation of its board;

(iv) implement an effective internal control system;

(c) failure by an institution, its officers or employees to –

(i) submit, not later than three months after the end of each financial year, to the Central Bank its audited annual financial statements and a copy of the auditor’s report in the prescribed format and channel;

(ii) exhibit its latest audited manual financial statements, throughout each calendar year, in a conspicuous place in its every place of business in Kenya as required; or

(iii) publish its audited annual financial statements in at least one month newspaper of nationwide circulation within three months after the end of each financial year as prescribed under the Act or as directed from time to time by the Central Bank;

(iv) take remedial action within such reasonable period as may be specified by the Central Bank in a notice to that effect;

(v) produce any books, accounts, records, documents, correspondence, statements or other information as specified in the Act or Regulations; or

(vi) furnish, at such time and in such manner as the Central Bank may direct, such information in a timely, accurate and complete manner as the Central Bank may require to properly discharge its functions under the Act;

(vii) comply with directives issued by the Central Bank in accordance with the Act;

(viii) review, classify or make appropriate and adequate provisions and write offs of loans and assets as prescribed; and

(ix)  maintain accurate records at all times and to provide accurate information or submit returns to the Central Bank as prescribed; or

(x) provide information as the Central Bank may, from time to time, require.

(d) an institution allowing of outstanding unsecured advances, loans or credit facilities to any of the institution’s employees or their associates;

(e) an institution allowing outstanding advances, loans or credit facilities which are unsecured or not fully secured to any of its officers or their associates; or to any person of whom or of which any of its officer has an interest as an agent, principal, director, officer or shareholder, or to any person of whom or of which any of it’s officers is a guarantor;

(f) an institution allowing outstanding advances, loans or credit facilities to any of the institution’s significant shareholders or officers, which – 

(i) has not been approved by the full board of directors of the institution upon being satisfied that it is viable;

(ii) has not been made in the normal course of business and on terms similar to those offered to ordinary customers of the institution;

(iii) has not been reported to the Central Bank within seven days thereof; and 

(g) contravening the terms and conditions of a licence, provisions of the Act and any orders or directives made under the Act.

Administrative sanctions and penalties.
4. Where the Central Bank is satisfied that an institution, its officers or employees have contravened the terms and conditions of its licence, any provisions of the Act, any directive or order made under the Act, the Central Bank may –

(a) issue written instructions directing an institution to undertake a specified remedial action;

(b) issue directives regarding measures to be taken to improve the management, financial soundness or business methods of the institution;

(c) require the officers of the institution to execute an agreement relating to the implementation of the instructions and directives issued by the Central Bank;

(d) require the institution to appoint a person who in the opinion of the Central Bank, is suitably qualified to advise and supervise the institution’s affairs and conduct;

(e) issue a cease and desist order requiring the institution to –

(i) stop any improper or unacceptable practice;

(ii) suspend any of its business activities;

(iii) limit the expansion of its deposit-taking business including lending and deposit mobilization; and

(iv) stop or suspend any declaration or distribution of dividends;

(f) require the institution to inject new capital as may be specified by the Central Bank;

(g) appoint a person, suitably qualified and competent to manage the affairs of the institution;

(h) require the institution to suspend or remove any officer or employee from his or her duties;

(i) require the institution to reconstitute its board of directors within such period as may be specified by the Central Bank;

(j) prohibit the institution from awarding any bonuses or increments in the salary, emoluments or other benefits to its directors, officers and employees;

(k) require the institution to provide written explanations detailing the causes of such losses and the measures to be taken by the institution to rectify the position and avert future losses; and

(l) impose any other administrative sanction as the Central Bank may deem appropriate in the circumstances.

Capital restoration plan.
5. Where an institution has contravened the capital adequacy requirements, the Central Bank may –

(a) order the institution to submit to the Central Bank within forty days a capital restoration plan containing such details as may be specified in the order;

(b) appoint a person, suitably qualified and competent in the opinion of the Central Bank to advise and assist the institution in designing and fulfilling the capital restoration plan and regularly report to the Central Bank on the progress of the capital restoration plan;

(c) order the institution to remove an officer of the institution who is responsible for the institution’s non-compliance with the orders;

(d) enter into an agreement with the Board of Directors of an institution requiring the institution to meet capital requirements within the specified period as shall be notified by the Central Bank:

Provided that such period shall not exceed one hundred and eighty days from the date of notification;

(e) where the institution is unable to meet the capital requirements notified by the Central Bank under paragraph (d), the Central Bank may exercise its powers under Part IV and V of the Act; and

(6) order an institution to do any other thing that the Central Bank considers necessary to rectify the capital position of the institution.

Assessed penalties and manner of payment.
6. (1) The Central Bank shall, after reviewing all available information and determining the existence of a violation or the contravention of the Act, shall notify the institution in writing advising it of the Central Bank’s findings and decision to assess and levy penalties.

(2) A notification under paragraph (1) shall –

(i) be in writing;

(ii) advise the institution of the period within which the violation or contravention should be rectified; and

(iii) give the institution not less than seven days notice to show cause why the penalty should not be levied:

Provided that the period shall not be more than thirty days.

(3) After the expiry of the timeframe specified in paragraph (2), or sooner where the Central Bank has been advised by the institution of the rectification of the violation or contravention, the Central bank shall –

(a) assess the amount of penalty to be levied on the institution;

(b) instruct the institution, in writing, as to the amount of monetary penalties assessed and the manner in which such monies shall be paid to the Central Bank; and

(c) specify the period within which the penalty shall be paid to the Central Bank;

Provided that the period shall not be less than seven days and not more than twenty one days, unless a longer period is otherwise stated in the notification to that effect and maximum period shall not exceed forty two days from the date of the notification.

(4) Where the Central Bank is not satisfied, by the evidence provided by the institution or information obtained by the Central Bank, that the violation or contravention has been rectified, the Central Bank may impose additional penalties not exceeding ten thousand shillings for each day or part thereof for which the violation or contravention continues.

(5) Where the Central Bank is satisfied that the violation or contravention has been rectified, the daily penalty shall cease to accrue and it shall assess the aggregate penalty that the institution is to pay.

(6) The Central Bank may levy a penalty against an institution, its officers or employees for non-compliance with other directions or violations not covered herein.

(7) Where the Act confers the power on the Central Bank to impose a penalty on an institution, its officers or employees, the amount of the penalty or any part of the penalty which remains unpaid shall constitute a debt due from the institution to the Central Bank, and the Central Bank may, where such penalty is not paid in the manner or time prescribed –

(a) sue the institution for the recovery of the penalty; or

(b) revoke the licence of the institution.

Penalties on late renewal of licence.
7. (1) Where an application for the renewal of a licence is lodged after three months of its expiry, the Central Bank may, on application, renew the licence on payment of an additional fifty per centum of the licence fee.

(2) If by 1st April of that calendar year, an institution has not applied for the renewal of its licence, the Central Bank shall impose appropriate administrative sanctions. 

Dated the 9th December, 2008

JOHN MICHUKI
Acting Minister for Finance

7-Tea (Licensing, Registration and Trade)(Amendment) Regulations, 2008

7-Tea (Licensing, Registration and Trade)(Amendment) Regulations, 2008

23rd January, 2009

LEGAL NOTICE No. 7

THE TEA ACT
(Cap 343)

IN EXERCISE of the powers conferred by section 25 of the Tea Act, the Minister for Agriculture, in consultation with the Board, makes the following Regulations:-

THE TEA (LICENSING, REGISTRATION AND TRADE) (AMENDMENT) REGULATIONS, 2008

1.  These Regulations may be cited as the Tea (Licensing, Registration and Trade) (Amendment) Regulations, 2008.

L.N. 122/2008
2. The Tea (Licensing, Registration and Trading) Regulations, 2008, in these Regulations referred to as the principal Regulations, are amended in regulation 2 –

(a) by inserting the following new definition in proper alphabetical sequence –

“person dealing in tea” includes a person carrying out the function of an auction organiser and warehouseman.

(b) by deleting the definitions of “blending”, “broker”, “buyer”, “management agent” and “manufacturing licence”.

3. The principal Regulations are amended in regulation 41 by inserting the following new paragraph immediately after paragraph (2);

(3) The Board may consider late applications upon an applicant giving reasonable cause for the delay, and upon approval of such application the applicant shall pay a penalty of fifty per cent of the fees payable.

4. The principal Regulations are amended in regulation 44 by deleting the expression “31st December, 2008” and substituting therefore the expression “31st March, 2009”.

5. The principal Regulations are amended in Form S appearing in the First Schedule –

(a) by deleting paragraph 9 and substituting therefor the following new paragraph –

9.  Professional services to be performed or offered by a management agent shall be in the following functions –

(a) production;

(b) procession;

(c) marketing of tea.

(b) in the Terms and Conditions –

(i) by deleting paragraph 1 (b);

(ii) in paragraph 1 (c), by deleting the words “educational, professional qualifications and” appearing after the word “necessary”.

(iii) by renumbering subparagraphs (c) and (d) as subparagraphs (b) and (c) respectively;

(iv) by deleting paragraph 2 and substituting therefor the following new paragraph –

2.  A management agent offering professional services including marketing services shall pay a tea company within fourteen days of receipt of proceeds.

(v) by deleting paragraph 3;

(iv) by renumbering paragraphs 4, 5 and 6 as paragraphs 3, 4, and 5 respectively.

Dated the 30th December, 2008

WILLIAM ARAP RUTO
Minister for Agriculture.

8-Immigration Act Citizens of Rwanda Exemption, 2010

8-Immigration Act Citizens of Rwanda Exemption, 2010

23rd January, 2009

Legal Notice No. 8

THE IMMIGRATION ACT
(Cap. 172)

EXEMPTION 

IN EXERCISE of the powers conferred by section 4(3)(h) of the Immigration Act, the Minister of State for Immigration and Registration of Persons exempts from the provisions of the said section 4 –

All citizens of Rwanda seeking to reside, engage in any employment, Occupation, Trade, Business or profession in Kenya.

Dated the 17th December, 2008.

G.O. KAJWANG,
Minister of State for 
Immigration and Registration of Persons.

9-Immigration Act Big Cat Film Exemption, 2010

9-Immigration Act Big Cat Film Exemption, 2010

23rd January, 2010

LEGAL NOTICE No. 5

THE IMMIGRATION ACT
(Cap. 172)

EXEMPTION

IN EXERCISE of the powers conferred by section 4(3)(h) of the Immigration Act, the Minister of State for Immigration and Registration of Persons exempts from the provisions of the said section 4 –

All persons who are in the employment of the Viewfinders EPZ Limited for purposes of shooting the “Big Cat Film”, for a period of two (2) years commencing from August, 2008 to December 2010.

Dated the 17th December, 2008

G.O. KAJWANG’
Minister of State for
Immigration and Registration of Persons.

10-Witness Protection Regulations, 2008

10-Witness Protection Regulations, 2008

23rd January, 2009

LEGAL NOTICE NO. 10 

THE WITNESS PROTECTION ACT
(No. 16 of 2006)

IN EXERCISE of the powers conferred by section 36 of the Witness Protection Act, the Attorney-General makes the following Regulations: -

THE WITNESS PROTECTION REGULATIONS, 2008

Citation.
1. These Regulations may be cited as the Witness Protection Regulations, 2008.

Interpretation. No. 16 of 2006, Cap. 242.
2. In these Regulations, except where the context otherwise requires –

“Act” means the Witness Protection Act;

“Head of Unit” means a person appointed by the Attorney-General under regulation 3(3);

“medical officer” has the same meaning as in section 2 of the Public Health Act;

“officer” means a protection officer designated by the Head of Unit under regulation 11 (b);

“Unit” means Witness Protection Unit established under regulation 3.
    
Establishment of Witness Protection Unit.
3. (1) There is established a unit in the Office of the Attorney-General to be known as the Witness Protection Unit.

(2)  The Unit shall be composed of such a number of public officers as the Attorney-General may deem fit appointed by the Attorney-General.

(3)  The Unit shall be headed by the Head of Unit who shall be a public officer appointed by the Attorney-General.

Functions of the Unit.
4. The Unit shall-

(a) ensure that proper protective measures are put in place for a witness;

(b) recommend to the Attorney-General the adoption of protective measures and advise the relevant agencies of  such measures;

(c) make applications to the High Court for  a witness protection order under section 14 of the Act;

(d) assist witnesses in obtaining medical, psychical and counseling support services or any other services that the Unit may deem fit;

(e) co-operate with other agencies where necessary in providing any of the protective measures stipulated in section 4 of the Act;

(f) advise and direct witnesses on where to obtain legal services for the purpose of protecting their rights, status and obligations, particularly in relation to their testimonies;

(g) assist witnesses when called to testify before a court of law;

(h) take gender sensitive measures to facilitate the testimony of sexual violence victims at all stages of proceedings; and

(i) perform any other functions connected to the protection of a witness  as may be assigned to the Unit by the Attorney-General from time to time.

Needs of children, elderly persons etc.
5. In performing its functions under regulation 4, the Unit-

(a) shall give due regard to the particular needs of  children, elderly persons and persons with disabilities; and

(b) may assign, as appropriate, with the consent of parents or legal guardian, a child support person to assist the child through all stages of the proceedings.
    
Duties of Unit.
6. The Unit shall ensure that-

(a) its staff maintains confidentiality at all times;

(b) it acts impartially when working with other parties;

(c) administrative and technical assistance is available for witnesses who are at risk on account of testimonies given by such witnesses, during all stages of the proceedings and thereafter; and

(d) its staff  are trained with respect to the security of witnesses, integrity, dignity and gender sensitivity.

Appointment of experts.
7. (1) The Attorney-General may appoint persons with expertise in various fields as he may deem fit to assist the Unit in the performance of its functions.
       
(2) The terms of service of any person appointed under paragraph (1) shall be determined by the Attorney-General in the instrument of appointment or in writing from time to time.

Request for witness protection.
8. (1) A written request for the inclusion of a witness in the programme made to the Attorney-General under section 5(3) of the Act shall be in the prescribed form as provided for under paragraph (2) of this regulation.

(2)  Where the request is made by-

(a) a member of the police force, a law enforcement  agency or legal representative of the witness, it shall be  in Form A;

(b)a witness or prospective witness for himself or any member of his family or household, or dependant, it shall be in Form B;

(c) a minor, it shall be in Form C, in the First Schedule.

(3) Subject to the provisions of this Act the Attorney-General or an officer designated by the Attorney-General shall evaluate the request for protection and may accept or reject the request. 
      
Inclusion of witness in programme.
9. A  Memorandum  of  Understanding  signed  by   the Attorney-General for a witness to become included in the programme as provided for under section 7(5) shall be in the form prescribed in the Second Schedule.

Transfer or relocation.
10. (1) The Head of Unit may, upon entering into an agreement with a witness, where he reasonably believes that a witness is or is potentially at risk in the current place of safety or protective custody, make an order for transfer or relocation of such witness to another place of safety or protective custody.

(2)  The relocation or transfer agreement entered into under paragraph (1) between the Head of Unit and the witness shall be in prescribed form as provided in the Third Schedule.

Instructions to protected witness. 
11. An officer may give such instructions to a protected witness as he may deem necessary in the circumstances to achieve efficient security or contribute to the safety of the witness, the officer or any other person.

Duties of the Head of Unit.
12. The Head of Unit shall- 

(a) be in-charge of the day to day affairs of the Unit;

(b) designate a protection officer to take care of the safety of a protected witness;

(c) take necessary measures for the continuous safety of a witness and give or cause to be given further orders in this regard to the relevant officer;

(d) take the measures necessary for the safe keeping of all monies or valuables or any other article in the possession of a witness if a witness so requests and it is deemed necessary or desirable;

(e) determine the place where a witness shall be placed for protection in accordance with the Act;

(f) ensure that an ill or injured witness is attended to and examined by a public medical officer or a private medical practitioner and that the orders of the medical officer or the witness private medical practitioner in relation to the witness are complied with: 

Provided that the costs of such attention and examination by a private medical practitioner shall be paid by the witness;

(g) ensure that a witness physical and mental needs are satisfied as far as possible; and

(h) make sure that any matter which a witness wishes to bring to the attention of the Attorney-General is conveyed to him forthwith.

Financial assistance to protected witness.
13. (1)   Subject to regulation 14, a witness shall, for the period during which he is included in the programme, be entitled to a daily allowance, if the witness does not receive any income as a result of being in the programme, to be determined by the Head of Unit. 

(2) A daily allowance paid under paragraph (1) shall be less any amount which a witness may receive as witness fees.

(3) Where a witness satisfactorily proves to the Head of Unit that-

(a) he has forfeited income as a result of the fact that he is in the programme, the Head of Unit may order that an allowance equal to the amount of income so forfeited be payable to the witness, less the daily allowance or witness fees payable under this regulation;

(b)his being in the programme has resulted in financial hardship to himself or to a family member or a dependant, the Head of Unit may authorize that the amount payable under sub-paragraph (a) be exceeded.       

Limit to financial assistance.
14. Any financial assistance provided to a witness shall not be higher than the sum necessary to cover costs of living and inclusion into an unfamiliar environment unless authorized by the Head of Unit in accordance with these Regulations. 
 
Provision of clothing to witness.
15. (1) A witness may be provided with sufficient clothing and other necessary requirements to a maximum amount to be determined by the Head of Unit, if the Head of Unit is satisfied that the witness has insufficient funds including the allowances and witness fees paid to him under these Regulations, to purchase sufficient clothing and other related requirements.
           
(2) Any expenses incurred by the State under paragraph (1) may be brought into account before an allowance or witness fee is paid under regulation 13.     

Failure to comply with Regulations.  
16. Subject to the Act, any person who fails to comply with these Regulations shall be liable to disciplinary action as may be determined by the Head of Unit.

FIRST SCHEDULE

FORM A

(r.8(2)(a))                                                          

Application No: _____/_____

WITNESS PROTECTION PROGRAMME

REQUEST FOR WITNESS PROTECTION BY POLICE OFFICER/LAW ENFORCEMENT AGENT/LEGAL REPRESENTATIVE

Part 1

Name and particulars of the Applicant: ………………………………………
………………………………………………………………………………………
……………………………………………………………………………………..                                                                                                          
I
Investigators name: ……………………………………………………………….
Case Number/ particulars: …………..………………………………………………
             
Others at risk: ……………………………………………………………………..
    
(List names of others who are considered to be at risk as a result of the association to the Protected Witness)

Part 2        Summary of Investigation    

Part 3        Criteria

(I) The seriousness of the offence to which this application for protection relates.

ACCUSED        STATUS            CRIME/OFFENCE

(II) The nature and importance of any relevant testimony, statement or information.

(III) The nature of the perceived danger to the witness.
     

Desire:
Expectance:
Knowledge:
Resources:

(IV) Protected Witness’ Profile:

Are there other alternative measures for protecting the witness?

(V) Temporary Protection Measures implemented by Investigator:

Part 4

1.  Person to be protected

Name:
Aliases:
Male/Female:
Date of birth:
Age:
Place of Birth:
Current address:
Nationality:
Status in Country of Residence:
Marital status: (Single, Married, Separated, Divorced, Widowed)
Mother tongue:
Language(s) spoken:
Language(s) written/read:
Religion:                
Passport/ National Identity Card No:
Country of Issue:
List all identity documents:
Criminal Record:  YES/NO
Criminal Record No: (Attach criminal record)
Outstanding court commitments (criminal/civil): (Own matters) 
Bail/Probation: YES/NO
Conditions of Bail/Probation:
Court Orders:
Occupation:
Name of employer:
Address of employer:
If not employed detail source of income:
Unemployment benefits: YES/NO
Personal Identification (P.I.N) No:

2. Details of children and other dependants 

Name: 
Date of birth:
Age:
Current address:
Relationship to applicant:
(Repeat for each child or dependant)

3. Medical status of Applicant

National Hospital Insurance Fund (N.H.I.F) No:
Illnesses:
Ongoing medical treatment:
Ongoing dental treatment:
Phobias:
Doctors Name:
Address:
Medication:
Any dependency e.g. drugs/alcohol:

4. Assets status

Property:
(Houses; land; vehicles; furniture; businesses; stocks, shares etc)
Animals/Livestock:

Part 5

1. Source of threat:     
(Complete one for each threat – individual or organisation) 

Name:    (Individual or organisation)
Male/Female:
Date of birth:
Age:
Address: (or area of operation)
In Custody: YES/NO
Bail/Probation: YES/NO
Conditions of Bail/Probation:
Place of Birth:
Nationality:
Status in Country of Residence:
Marital status: (Single, Married, Separated, Divorced, Widowed)
Mother Tongue:
Language(s) spoken:
Language(s) written/read:
Religion:                
Passport No:
Country of Issue:
Criminal Record:  YES/NO
Criminal Record No: 
(Attach criminal record)
Areas of threat and influence:
Did this person/organisation offer the threat: YES/NO
If NO, please indicate relationship between witness and threat.

Part 6

Referring Investigators
(Primary Officer)             (Secondary Officer)
Signature:                      Signature:
Name:                            Name:
Telephone:                    Telephone:
Mobile:                          Mobile:
Fax:                               Fax:
Location:                       Location:

Team Leader:

Signature:                                               
Name:                        
Telephone:                        
Mobile:                        
Fax:                            
Location:                        
Recommendation:

Protection Unit

Date received:
Signature:
Name:

FORM B                 

(r.8 (2) (b)

WITNESS PROTECTION PROGRAMME

REQUEST FOR PROTECTION BY A WITNESS FOR HIMSELF/ FAMILY MEMBER/DEPENDANT

1.      I,………………………………………………………………………(a)
Hereby make an application that-

(i)   I 
*and

(ii)  ……………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(b)

My……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(c)

Be included in the witness protection programme. I have reason to believe that  *my safety/ and *the safety of the above-mentioned *persons/persons is being threatened by …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(d)

In that ………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………....................................................................(e).

2.      I –

(i)* gave or shall gave evidence on ………………………………………...(f) 

At……………………………………………………………………………(g)
or
* (ii) Shall possibly give evidence on ...………………………………..…..(h)

At………………………………………………………………………………(i)
* (iii) have material information at my disposal and am willing to testify in a criminal court,

In the case against ………………………….…………………………....(j)
with regard to the offence of ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(k)

3.      The nature of the evidence that I *may/shall give is as follows:
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

I,………………………………………………………………hereby declare that the above-mentioned information is to the best of my knowledge, true complete and correct and that I am aware of the fact that it is an offence if I willfully furnish information or make a statement which is false or misleading.
……………………………………………………………………………………………………………………………………………… (Signature/Mark/thumbprint of Applicant)

Remarks:

a) State name and surname of witness

b) State name and surname of members of the family of the family/household in respect of whom protective custody is required.

c) State relationship

d) State particulars of the person /persons who threatens/threaten the safety of the person/person in respect of whom prospective custody is required (if known).

e) State the circumstances as a result of which protective custody is required (e.g. death threat)

f) State date of trail (if known)

g) State place of trial (if known)

h) State name of person who committed the offence if known

*  Delete whichever is applicable

FORM C 
                                                                                                       (r.8 (2) (c))
WITNESS PROTECTION PROGRAMME

REQUEST FOR WITNESS PROTECTION BY A MINOR

1.    I, ………………………………….…………………………….…….(a)
    a ………………………………………………………………………….(b)
    of  ……………………………………………………………………..…(c)
    
*(i) be admitted into the witness protection Programme
                        or
2. I have the following physical injuries:
………………………………………………………………………………………………………………………………………...………………………(d)
    
3.    I, ………………………………………………………………………
Hereby declare that the above-mentioned information is, to the best of my knowledge, true, complete and correct and that I am aware of the fact that it is an offence if I willfully furnish information or make a statement which is false or misleading.
……………………………………………………….
(Signature/mark/thumbprint of deponent)

4.    I, ………………………………………………………………………
*parent/guardian of the above-mentioned person hereby give authorization for the above-mentioned witness to be so protected.
……………………………………………………….
(Signature/mark/thumbprint of parent/guardian)

(Full name)
………………………………………………………
{Designation (Rank)}
………………………………………………………
………………………………………………………
………………………………………………………
…………………………………………………........
(Address of employment)

Remarks:

a) State name of the member of the family or household of the witness or prospective witness who requires protection.

b) State relationship to witness or prospective witness.
      
                            SECOND SCHEDULE                                (r.9)

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is entered into by and between Witness Protection Unit (hereinafter referred to as “the Unit”) and [……………………….…..…] (hereinafter referred to as “the Witness”) (both of whom are hereinafter jointly referred to as “the Parties”) 

The present Memorandum of Understanding and its annexes which form part of the Memorandum of Understanding sets forth the duties, obligations and responsibilities of the Parties with respect to the Witness’s entry into the Unit’s Protection Programme (hereinafter referred to as “the Programme”) whose purpose is to protect witnesses, who appear before the Court, Tribunal, or Commission on account of their testimony. The Parties acknowledge that the Programme is the last resort in the scale of protection measures adopted by the Unit for the safety and security of witnesses, who appear before a Court, Tribunal or Commission on account of their testimony.

The Parties agree as follows:

Following a thorough threat and psycho-social assessment, the Unit has determined and the Witness has agreed to enter into the Unit’s Programme and to remain in the Programme until such time as the protection and assistance provided pursuant to this Memorandum of understanding is terminated, subject to the following terms and conditions:

The Responsibilities of the Witness

1. The Witness accepts: 

a. that he/she  is willing to accept certain restrictions on his/her normal living conditions until the risk to him/her and his/her family has, in the opinion of the Unit, passed, or until such time as the protection and assistance provided to him/her is terminated in accordance with the terms of the present Memorandum of Understanding;

b. that any representations or promises previously made to him/her by representatives of the Unit or the Defence regarding his/her participation in the Programme shall be null and void, with the exception of those set forth in the present Memorandum of Understanding;

c. that he/she shall inform the Unit of any information which may affect his/her protection;

d. that he/she shall meet all his/her civil and criminal liabilities, as set forth in Annex A.  He/she shall not be shielded from civil or criminal litigation initiated prior to or subsequent to his/her entry into the Programme, and he/she shall inform the Unit of any matters or court proceedings commenced against him/her prior or subsequent to entry into the Programme;

e.  that he/she and his/her accompanying family members shall each be required to undergo a medical examination;

f. that he/she shall reside at a location designated by the Unit;

g. that any item provided to him/her by the Unit shall remain the property of the Unit and shall be surrendered on demand; 

h. that he/she may be provided with limited financial and other assistance as deemed necessary and as set forth in Annex B; as per the Witness Protection Regulations 2008

i. that the Unit shall not be responsible for his/her past or future debts;

j. that the Unit shall not be liable for any financial loss to him/her or be responsible for any injury, damage or loss which the Witness or his/her family may suffer arising from his/her involvement in the Programme;

k. that his/her relationship with the Unit is not one of employee and employer, and that he/she shall be responsible for finding employment as soon possible following resettlement;

l. that he/she shall obey orders of the Protection Officer/s  and reasonable and lawful directions of the Unit;

m. that he/she may be visited by representatives of the Unit, and that he/she may be required to allow such representatives access to the premises in which he/she is located;

n. that he/she shall inform the Unit as soon as possible of any change in circumstances affecting his/her security;

o. that he/she shall immediately inform the Unit of any dealings with the police, including his/her arrest;

p. that he/she shall designate the Unit to act as his/her agent for the service of process;

q.  that he/she shall obtain the Unit’s permission prior to telephoning, writing a letter to or otherwise communicating with anyone connected with this case or anyone who may jeopardise the security of this matter;

r. that a number of other special restrictions and conditions may be placed on him/her to ensure his/her protection, as set forth in Annex C;

s. that he/she shall never talk about or otherwise reveal any information about the Programme either during or after his/her participation in the Programme.  He/she shall never directly or indirectly disclose or communicate to another individual any of the following:

i. the fact that he/she or a member of his/her family has entered into the Programme and the present Memorandum of Understanding;

ii. the details of this or any other such Memorandum of Understanding; 

iii. information relating to the protection measures or procedures undertaken by the Unit; 

iv. information about any representative of the Unit gained by him/her as a result of his/her participation in the Programme.

t. that, every 12 months, the Unit shall conduct an assessment to review his/her continued participation in the Programme.

TERMINATION

2. The Witness accepts that his/her protection may be terminated in the event:    

i.  that the threat diminishes or his/her protection is no longer required;

ii. that he/she fails to abide by the terms of the present Memorandum of Understanding;

iii. that he/she commits any crime;

iv. that he/she fails to fully disclose any information relevant to his/her protection or resettlement;

v. that he/she acts in such a way as to increase the risk to him-/herself or his/her family; or

vi. that he/she acts in such a way as to jeopardise the integrity of the Programme. 

The Rights of the Witness

3. The Witness’s involvement in the Programme shall be voluntary, and he/she may withdraw at any time provided that he/she makes such a request in writing to the Director.

4. In addition, the Witness shall have the following rights in respect of the Programme:

a. to bring to the attention of the Director of Witness Protection Unit  perceived inappropriate conduct by Unit representatives in relation to the matters covered within the present Memorandum of Understanding;

b. to be notified of any change in the threat assessment or the decision to terminate his/her participation in the Programme; and

c. to appeal, to the Director of Witness Protection Unit, the decision to terminate his/her participation in the Programme.  He/she shall file such an appeal within 14 days of having received the notice of termination.

The Responsibilities of the Witness Protection Unit

5. The Unit shall take all reasonable measures to protect the Witness.

6. The Unit shall, from time to time review the security situation and risks to the Witness and assess the continued need for protection given to the Witness, including as necessary, a change in the terms and condition of participation or further resettlement of the Witness. 

7. The Unit shall make every effort to maintain the confidentiality of information relating to the Witness and his/her family.
Channel of Communication

8.The Liaison Officer shall be the channel of communication between the Witness and the Unit.  

9. The Witness shall be provided with the contact numbers of Unit staff to allow for 24 hour access to such personnel as needed.
Consultation

10. Where either party identifies problems which may impede the implementation of this Memorandum of Understanding, that party shall consult with the other without delay in order to resolve such problems.
Amendment and Entry into Force

11. The present Memorandum of Understanding may be amended with the consent of the Parties.

12. The present Memorandum of Understanding shall enter into force on the date of its signature by both Parties and shall remain in force until terminated by one of the Parties in accordance with the provisions of the Memorandum of understanding.
________________
Date

DIRECTOR WITNESS PROTECTION UNIT    
The Witness acknowledges that he/she has read the contents of this document or has had the contents of this document read aloud to him/her in a language which he/she fully understands and agrees to be included in the Programme in accordance with the terms specified above.
_________________________                _____________________
Name                                Date
Witness
 
ANNEX A
CRIMINAL AND CIVIL LIABILITIES
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
ANNEX B
FINANCIAL AND OTHER ASSISTANCE
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
 
ANNEX C
SPECIAL RESTRICTIONS AND CONDITIONS
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
ANNEX D
        
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
                            

THIRD SCHEDULE                               (r.10 (2))

RELOCATION AGREEMENT
                                    
Day of …………………….. 20.…
Excellency,

I have the honour to refer to the discussions held between the Republic of Kenya represented by the Attorney General, and the Government of ………………………….. (hereinafter: “………………………”), concerning arrangements between the Unit and…………………………….. for the relocation to the territory of …………….. . of Witnesses of the Unit, and, where necessary, their Close relations.

I have the honour to confirm on behalf of the Unit the following understanding:
……………………………………. agrees, subject to the terms of this letter and its reply (hereinafter: “Exchange of Letters”), to accept for Relocation, Witnesses  and, where necessary, their Close Relations, as defined in Part I below, and to provide such persons with Relocation Services, as defined herein. 

1.     As for purpose of this Exchange of Letters:

(1) “Relocation” is understood to refer to the relocation to ………………….... of Witnesses and their Close relations.   

(2) “Relocation Services” means the facilities and benefits, described in Part III below, to be provided to Witnesses, and their Close relations who are subject to the provisions of this Exchange of Letters.

(3)  “Witnesses” means witnesses in the witness protection programme, victims who appear before the Unit, and others at risk on account of testimony given by witnesses of the Unit. This includes but is not limited to an appearance either in the course of the prosecution or of the defence of an accused.

(4)“Close relations” means:

(a) the partner of a Witness; and

(b) dependants who are considered by the Unit to be part of the family unit.
    
(5) “Relocated Person(s)” refers to those Witnesses and Close relations who have been provided with Relocation Services according to this Exchange of Letters.
 II.   As to the procedure for providing Relocation Services to Witnesses and, where necessary, their Close relations

(6) Where the Director considers that a Witness requires Relocation, he/she shall make such request, in writing, to ……………………….. which relocation request shall hereinafter be referred to as “Request” that …………………….. accept such Witness and his/her Close relations which witnesses and their close relations shall hereinafter be referred to as “Subjects”

(7) Requests shall be accompanied by the Unit’s psycho-social and threat assessment and the Subject(s) full details as set out in Annex 1 of this Exchange of Letters. The Director may provide any further information as may be requested by …………………………….. provided such information does not constitute testimony of the Witness or other confidential information that cannot be disclosed.

(8) Where the Director considers that in addition to the Relocation Services provided herein, protective measures are necessary to ensure the protection of the Subject(s) which protective measures shall hereinafter be referred to as “Protective Requirement”), such requirement shall be indicated in the Request.  

(9)    ………………………. shall consider the Request without delay, and shall respond within two months from the date when such Request is made. However, where the Director considers that circumstances require the Subject(s) to be relocated immediately, …………………………………………………, following consultations with the Director, shall consider the Request immediately.
    
III.     As to the nature of the Relocation Services to be provided to Subjects accepted for Relocation by ……………….. pursuant to this Exchange of Letters. 

(10) Where ……………………….. agrees to a Request, the Director shall arrange for the transfer of the Subject(s) hereinafter referred to as relocated persons after their relocation to country X to the territory of ………………………………………… . 

(11)  …………………………. shall provide to the Relocated Person(s) the facilities, benefits and entitlements to which persons are entitled under the definition of “refugees” under Article 1 of the 1951 Convention on the Status of Refugees, as amended by the 1967 Protocol thereto.

(12) In addition to the services provided pursuant to Paragraph (11) above, ………………………………. shall provide the Relocated Person(s) with such facilities and services that would allow the Relocated Person(s) to fully integrate into the society of …………………………. Such facilities and services shall, inter alia, include :

(a) housing;

(b) education, including skills and language training, where necessary, for purposes of gaining employment;

(c) health and social services, including specialist medical care                 where necessary;

(d) access to opportunities to obtain employment;

(e) documents to enable travel to and from………………; and

(f)  any other applicable facilities and benefits.
        
Such services and facilities provided under this Exchange of Letters shall be  without prejudice to any rights which the Relocated Person(s) would be entitled to under the laws of …………………….

(13) If, upon receipt of a Request pursuant to Paragraph (8) herein,  ……………………….  agrees that a Protection Requirement exists, it shall, in consultation with the Unit, take whatever measures deemed necessary to protect the Subject(s). If appropriate,  …………………… shall enter the Subject(s) into the …………………….. witness protection program.

IV. As to the status of Relocated Person(s)

(14)    ………………………………….. shall grant Relocated Person(s) with legal status, in accordance with its national law.

Please click here to download Legal Notice

11-Local Government (Township of Sagana/Kagio) Order, 2009

11-Local Government (Township of Sagana/Kagio) Order, 2009

23rd January, 2009

LEGAL NOTICE NO 11

THE LOCAL GOVERNMENT ACT
(Cap 265)

IN EXERCISE of the powers conferred by section 5, 28 and 39 of the Local Government Act, the Deputy Prime Minister and Minister for Local Government makes the following Order:-

THE LOCAL GOVERNMENT (TOWNSHIP OF SAGANA/KAGIO) ORDER, 2009

1. This Order may be cited as the Local Government (Township of Sagana/Kagio) Order, 2009.

2. The area which is described in the First Schedule is declared to be the Township of Sagana/Kigio.

3. The Township of Sagana/Kagio shall be divided into four electoral areas as specified in the Second Schedule, the boundaries of which are more particularly delineated, edged blue, on Boundary plan No. REA 28(c) which is signed and deposited at the Office of the Electoral Commission of Kenya, Nairobi and a copy of which may be inspected at the Office of the District Commissioner, Kirinyaga.

4.  There shall be established in the Township of Sagana/Kagio a Town Council to be known as the Town Council of Sagana/Kagio which shall consist of:

(a) four elected councilors one of whom shall be elected from each of the four electoral areas specified in the Second Schedule; and

(b) not more than one councilor to be nominated by the Minister under section 39(1)(c) of the Act.

L.N. 269/2007

5. The Local Government (Township of Sagana) Order, 2007, is revoked.

FIRST SCHEDULE

AREA OF THE TOWNSHIP OF SAGANA/KAGIO

The area the boundaries of which are more particularly delineated, edged carmine red, on Boundary Plan No. 541/162 which is signed and deposited at the Office of the Electoral Commission of Kenya, Nairobi and a copy of which may be inspected at the Office of the Clerk to the Town Council of Sagana/Kagio.

SECOND SCHEDULE                  (paras. 3 and 4)

THE TOWNSHIP OF SAGANA/KAGIO ELECTORAL AREAS

Kathaka
Kinyaga
Gacharu
Karima

Made on the 19th January, 2009

MUSALIA MUDAVADI
Deputy Prime Minister and
Minister for Local Government

12-Immigration (Amendment) Regulations, 2009

12-Immigration (Amendment) Regulations, 2009

23rd January, 2009

LEGAL NOTICE NO 12

THE IMMIGRATION ACT
(Cap. 172)

IN EXERCISE of the powers conferred by section 17(1)(a) of the Immigration Act, the Minister of State for Immigration and Registration of Persons makes the following Regulations: -

THE IMMIGRATION (AMENDMENT) REGULATIONS, 2009

1. These Regulations may be cited as the Immigration (Amendment) Regulations, 2009.

2.  The Immigration Regulations are amended in the Third Schedule –

(a) by inserting the following new subparagraphs in paragraph (b) –

(vi) Muhuru Bay between the hours of 6.30 a.m. and 6.30 p.m.;

(vii) Mbita Point between the hours of 6.30 a.m. and 6.30 p.m.

(viii) Sio Port between the hours of 6.30 a.m. and 6.30 p.m.

(ix) Vanga between the hours of 6.30 a.m. and 6.30 p.m.

(x) Ngomeni between the hours of 6.30 a.m. and 6.30 p.m.

(xi) Kilifi between the hours of 6.30 a.m. and 6.30 p.m.

(b) by inserting the following new subparagraphs in paragraph (c) –

(xvii) Muhuru Bay Immigration Control between the hours of 6.30 a.m. and 6.30 p.m.

Made on the 13th January, 2009

G.O. KAJWANG’,
Minister of State for Immigration and Registration of Persons