January 2012 (LNs 1-10)

10-Vetting of Judges and Magistrates Act (Procedure)(Amendment) Regulations, 2012

10-Vetting of Judges and Magistrates Act (Procedure)(Amendment) Regulations, 2012

27th January, 2012

LEGAL NOTICE No. 10

THE VETTING OF JUDGES AND MAGISTRATES ACT
(No. 2 of 2011)

IN EXERCISE of the powers conferred by section 33 of the Vetting of Judges and Magistrates Act, the Judges and Magistrates Vetting Board makes the following Regulations:—

THE VETTING OF JUDGES AND MAGISTRATES (PROCEDURE) (AMENDMENT) REGULATIONS, 2012

1. These Regulations may be cited as the Vetting of Judges and Magistrates (Procedure) (Amendment) Regulations, 2012.

L.N. 189/2011.
2. The Schedule to the Vetting of Judges and Magistrates (Procedure) Regulations, 2011, is amended by—

(a) deleting the expression “thirty (30)” appearing in item (i) of Form JMVB 2 and substituting therefor “............................”;

(b) deleting the expression “Section Three” appearing immediately after section II of Form JMVB 5 and substituting therefor the expression “Section III”;

(c) deleting the expression “PSC 2” appearing in Section III of Form JMVB 5 and substituting therefor the expression “JSC 2b”.

Made on the 24th January, 2012.

SHARAD RAO,
Chairperson,
Judges and Magistrates Vetting Board.

9-Tea Act (Amendment) Regulations, 2012

9-Tea Act (Amendment) Regulations, 2012

27th January, 2012

LEGAL NOTICE No. 9

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, 2012

1. These Regulations may be cited as the Tea (Licensing, Registration and Trade) (Amendment) Regulations, 2012.

2. The Tea (Licensing, Registration and Trade) Regulations, 2008 (in these Regulations referred to as the principal Regulations) are amended by deleting regulation 3 and substituting therefor the following new regulation—
L.N. 122/2008.

3. (1) A small holder tea grower registered under section 8 of the Act shall apply to be registered with the tea factory to which he delivers green leaf in Form A set out in the First Schedule.

(2) A plantation tea grower registered under section 8 of the Act shall apply to be registered with the tea factory to which he delivers green leaf in Form A1 set out in the First Schedule.

3. The principal Regulations are amended in regulation 5 by deleting the word “wishes” and substituting therefor the word “intends”.

4. The principal Regulations are amended in regulation 7 by deleting the word “wishes” in regulation 7 and substituting therefor the word “intends”.

5. The principal Regulations are amended in Regulation 12—

(a) by deleting the words “cess and” appearing immediately after the word “monthly” wherever they appear in paragraph (1);

(b) by deleting paragraph (2); and

(c) by deleting paragraph (3).

6. The principal Regulations are amended by deleting regulation 13 and substituting therefor the following new regulation—

13. A person who intends to deal in tea as a buyer, exporter, importer, broker or warehouseman shall register or renew the registration with the Board by applying to the Board in Form G, I and K respectively set out in the First Schedule.

7. The principal Regulations are amended by deleting regulation 15 and substituting therefor the following new regulation—

15. A person who intends to deal in tea as a tea packer shall register or renew his registration with the Board by applying to the Board in Form M set out in the First Schedule.

8. The principal Regulations are amended by inserting the following new regulation immediately after regulation 15—

15A. Any manufacturer or person dealing in tea engaged in more than one function along the value chain shall be required to register with the Board for each function he performs in accordance with these Regulations.

9. The principal Regulations are amended by deleting regulation 24 and substituting therefor the following new regulation—

24. A person who intends to deal in tea as a management agent shall register or renew his registration with the Board by applying to the Board in Form S set out in the First Schedule.

10. The principal Regulations are amended by deleting regulation 38 and substituting therefor the following new regulation—

38. A person who intends to deal in tea as an auction organizer shall register or renew his registration with the Board by applying to the Board in Form X set out in the First Schedule.

11. The principal Regulations are amended in the First Schedule by deleting Form D and substituting therefor the new Form D set out in the First Schedule to these Regulations.

12. The principal Regulations are amended in the First Schedule by deleting Form F and substituting therefor the new Form F set out in the First Schedule to these Regulations.

13. (1) The principal Regulations are amended in Form S appearing in the First Schedule by—

(a) deleting paragraph 1(c) under the terms and conditions and substituting therefor the following new paragraph—

(c) that an applicant intending to offer agency services including marketing and payment to growers, has provided indemnity of 0.5% of principals’ annual business turnover from a reputable institution; and

(b) deleting the word “manufacturing” in paragraph 5 and substituting therefor the word “management”.

14. The principal Regulations are amended in the First Schedule by deleting Form V and substituting therefor the new Form V set out in the First Schedule to these Regulations.

15. The principal Regulations are amended in the First Schedule by deleting Form W and substituting therefor the new Form W set out in the First Schedule to these Regulations.

8-Tea Act (Ad Volerem Levy) Regulations, 2011

8-Tea Act (Ad Volerem Levy) Regulations, 2011

27th January, 2012

LEGAL NOTICE No. 8

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 (AD VALOREM LEVY) REGULATIONS, 2011

1. These Regulations may be cited as the Tea (Ad Valorem Levy) Regulations, 2012, and shall commence one month after the date of publication.

2. In these Regulations, unless the context otherwise requires—

“ad valorem levy” means a per centum of the value of all made tea imposed by the Minister at the point of export or import in accordance with Section 18 of the Act;

“authorized agent” means a representative appointed by the Board to collect ad valorem levy on its behalf;

“customs value” means the export or import value of the made tea on which the ad Valorem Levy is assessed;

“Kenya Standard 1927: 2005 Tea Packets and Containers—

Specifications (KS 1927: 2005)” means the Kenya Standard that specifies the requirements and methods of test for tea packets and containers, applicable to tea packaging for retail in the form of tea bags, tea packets, instant tea and ready to drink containers but does not include tea sacks.

“point of export” means a designated customs border point at which made tea is taken out of Kenya to any place out of Kenya;

“point of import” means a designated customs border point at which made tea is brought into Kenya from any place out of Kenya.

3. The Minister imposes an ad valorem levy payable at the rate of one per centum of the customs value for made tea exports or imports.

4. The ad valorem levy imposed under paragraph 3, shall not apply to made tea imports imported in bulk into Kenya for blending and re-export.

5. Any made tea packed in Kenya in accordance with Kenya Standard 1927:2005 Tea Packers and Containers – Specifications (KS 1927: 2005) or an equivalent standard shall be exempt from payment of the ad valorem levy.

6. A tea exporter or importer shall pay the ad valorem levy to the Board or its authorized agent based on the customs value of each consignment of made tea at the point of export or import.

7. Upon payment of the ad valorem levy, the Board or its authorized agent shall issue the tea exporter or importer with a receipt.

8. Where the levy is paid to an authorized agent under paragraph 6, the authorized agent shall remit the amount to the Board not later than the tenth day of the following month.

9. A tea exporter or importer shall provide information on all export and import consignments to the Board in Form V and W set out in the First Schedule of The Tea (Licensing, Registration and Trade) Regulations, 2008. L.N. 122/2008.

10. A tea exporter or importer who provides false information required under paragraph 9 commits an offence and shall be liable on conviction to the penalties provided under section 23 of the Act.

11. A tea exporter or importer shall provide receipts to the Board or its authorized agent, as proof of payment of the requisite ad valorem levy.

12. (1) An ad valorem levy which remains unpaid shall be recovered by the Board as a civil debt due to it from the person by whom it is payable.

(2) An ad valorem levy that remains unpaid for thirty days or more shall attract interest at commercial bank rates, prevailing at the time the levy becomes due, until it is fully paid.

13. The Board or its authorized agent shall, upon successful processing of customs documentation, verify the tea export or import consignment.

14. The Board shall upon verification, issue a release order in Form A set out in the First Schedule.

15. The Board shall not issue a release order to an exporter or importer unless that person has complied with the provisions of the Act.

16. The Board may cancel the export or import release order if an exporter or importer contravenes the provisions of the Act.

17. The Legal Notice No. 331 of 1994 is revoked.
LN. No. 331/1994.

FIRST SCHEDULE

FORM A (r.14)

TEA EXPORT/IMPORT RELEASE ORDER
Name of Exporter/Importer..................................................................................
Postal Address......................................................................................................
Contact Person and Designation ......................................................................
Telephone/Mobile No/Fax ...............................................................................
E-mail Address.................................................................................................
Tea Export/Import Registration No. .....................................................................
Issue Date .....................................................................................................
Customs Entry No and Date..........................................................................
Net Weight (Kgs made tea)............................................................................
Physical location of consignment .................................................................
....................................................................................... ..................................................                                    ...............................
Signature of Exporter/Importer or Authorized Agent      Date
________________________________________________________________

FOR OFFICIAL USE ONLY

Release Authority Stamp
Name ………………………………… Signature …………………….. Date ……………

For and on behalf of Tea Board of Kenya

Made on the 24th January, 2012.

SALLY KOSGEI,
Minister for Agriculture.

7-Nurses (Amendment) Act (Commencement), 2012

7-Nurses (Amendment) Act (Commencement), 2012

27th January, 2012

LEGAL NOTICE NO. 7

THE NURSES (AMENDMENT) ACT
(No. 27 of 2011)

COMMENCEMENT

IN EXERCISE of the powers conferred by section 1 of the Nurses (Amendment) Act, 2011, the Minister for Medical Services, appoints the 19th December, 2011, as the date on which the Act shall be deemed to have come into operation.

Dated the 19th January, 2012.

P. A. NYONG’O,
Minister for Medical Services.

6-National Hospital Insurance Fund Act (Approval of Rebates), 2012

6-National Hospital Insurance Fund Act (Approval of Rebates), 2012

27th JANUARY, 2012

LEGAL NOTICE No. 6

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

APPROVAL 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 approved the rebates for the following hospitals for the purposes of the Act.

Name of Hospital

Address

Town/District

Rebate (KSh.)

Wundanyi Sub-District Hospital

P.O. Box 1216, Wundanyi

Wundanyi

800

Alupe Sub-District Hospital

P.O. Box 33, Busia

Busia

1,000

SUCOS Hospital

P.O. Box 150, Kitengela

Kitengela

1,300

Karuturi Hospital Limited

P.O. Box 729–20117, Naivasha

Naivasha

1,600

Dated the 4th January, 2012.

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

R. O. MUGA,
Chairman,
National Hospital Insurance Fund.

5-National Hospital Insurance Fund Act (Declaration of Hospitals), 2012

5-National Hospital Insurance Fund Act (Declaration of Hospitals), 2012

27TH JANUARY, 2012

LEGAL NOTICE No. 5

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 Medical Practitioners and Dentists Board declares the following hospitals to be hospitals for the purposes of the Act.

Declared Hospitals:

Nairobi Women’s Hospital, Ongata Rongai
Lumino Nursing and Maternity Home
Mariakani Cottage Hospital, Ongata Rongai
St. Monica Rapogi Mission Hospital
Nyamache Sub-District Hospital
Karungu Sub-District Hospital
Mwatate Sub-District Hospital
Kilungu Sub-District Hospital
Masimba Sub-District Hospital
Kangundo Community Health Centre

Dated the 4th January, 2012.

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

R. O. MUGA,
Chairman,
National Hospital Insurance Fund.

4-National Hospital Insurance Fund Act (Declaration of Hospitals), 2012

4-National Hospital Insurance Fund Act (Declaration of Hospitals), 2012

27th January, 2012

Legal Notice No. 4

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 Medical Practitioners and Dentists Board declares the following hospitals to be hospitals for the purposes of the Act.

Declared Hospitals:

Wundanyi Sub-District Hospital
Karuturi Hospital Limited
SUCOS Hospital
Alupe Sub-District Hospital

Dated the 4th January, 2012.

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

R. O. MUGA,Chairman,National Hospital Insurance Fund.

3-Traffic Act (Flusdo Exemption), 2012

3-Traffic Act (Flusdo Exemption), 2012

27th January, 2012

Legal Notice No. 3

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, Make and Type as set out in the Schedule, from the provisions of rule 41 (1) (a) of the Traffic Rules, with effect from the 22nd December, 2011.

SCHEDULE

Chassis No.    Make        Type
W 023098      Flusdo    Low Loader

Dated the 6th January, 2012.

AMOS KIMUNYA,

Minister for Transport.

2-Traffic Act (Flusdo Exemption), 2012

2-Traffic Act (Flusdo Exemption), 2012

27th JANUARY, 2012

LEGAL NOTICE No. 2

TRAFFIC ACT
(Cap. 403)

EXEMPTION

IN EXERCISE of the powers conferred by section 120 of the Traffic Act, the Minister for Transport exempts the vehicles, described by reference to Chassis Number, Make and Type as set out in the Schedule, from the provisions of rule 41 (1)(a) of the Traffic Rules, with effect from the 17th January, 2012.

SCHEDULE

Chassis No.              Make               Type
W 023077                Flusdo             Low Loader
W 023079                Flusdo             Low Loader

Dated the 17th January, 2012.

AMOS KIMUNYA,
Minister for Transport.

1-Government Financial Management Act (Parliamentary Mortgage Scheme Fund)(Amendment), Regulations, 2012

1-Government Financial Management Act (Parliamentary Mortgage Scheme Fund)(Amendment), Regulations, 2012

27th January, 2012

Legal  Notice No. 1

THE GOVERNMENT FINANCIAL MANAGEMENT ACT
(No. 5 of 2004)

IN EXERCISE of the powers conferred by section 26 of the Government Financial Management Act, the Deputy Prime Minister and Minister for Finance makes the following Regulations:—

THE GOVERNMENT FINANCIAL MANAGEMENT (PARLIAMENTARY MORTGAGE SCHEME FUND) (AMENDMENT) REGULATIONS, 2012

1. These Regulations may be cited as the Government Financial Management (Parliamentary Mortgage Scheme Fund) (Amendment) Regulations, 2012.

2.  Regulation 12 of the Government Financial Management (Parliamentary Mortgage Scheme Fund) Regulations, 2008 is amended by inserting the following new paragraph immediately after paragraph (1)—

L.N. 46 of 2008.
“(1A) Notwithstanding paragraph (1) a member of the tenth Parliament shall be eligible for a further loan not exceeding the sum of five million shillings which shall be repayable on or before the 30th day of June, 2012 or two months before the general elections whichever date is later”.

Made on the 5th January, 2012.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.