February 2013 (LNs 11-46)

46-Prescription of Effective Tick Destroying Agents, 2013

46-Prescription of Effective Tick Destroying Agents, 2013

22nd February, 2013

LEGAL NOTICE NO. 46

THE CATTLE CLEANSING ACT
(Cap. 358)

PRESCRIPTION OF EFFECTIVE TICK DESTROYING AGENTS

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

SCHEDULE

A suspension in water of DUODIP® 55% EC brand of Cypermethrin: Cyano (3-phenoxyphenyl) methyl 3 (2,2dichloroethenyl)2, 2-dimethyi=Cyc/opropanecarboxylate and Chlorpyrifos: 0,0-diethyl 0-3,5,6 trichloro-2- pyridyl phosphorothioate containing not less than 0.055 per cent of the active principle when such a suspension is used for cattle cleansing by hand spraying only at intervals of not more than seven days.

Dated the 7th February, 2013.

P. M. ITHONDEKA,
Director of Veterinary Services.

45-Transition to Devolved Transfer of Assets and Liabilities Regulations, 2013

45-Transition to Devolved Transfer of Assets and Liabilities Regulations, 2013

22nd February, 2013

LEGAL NOTICE NO. 45

THE TRANSITION TO DEVOLVED GOVERNMENT ACT
(No. 1 of 2012)

IN EXERCISE of the powers conferred by section 36 of the Transition to Devolved Government Act, 2012 the Authority, in consultation with the Cabinet Secretary makes the following Regulations:—

THE TRANSITION TO DEVOLVED GOVERNMENT (TRANSFER OF ASSETS AND LIABILITIES) REGULATIONS, 2013

Citation.
1. These Regulations may be cited as the Transition to Devolved Government (Transfer of Assets and Liabilities) Regulations, 2013.

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

“Act” means the Transition to Devolved Government Act, 2012;

“asset” means a thing whether tangible or intangible owned by public entity;

“Committee” means the technical committee established under regulation 4 of these Regulations;

“market value” means the price of an asset in an open and competitive market;

“public entity” includes a national government entity, county government entity, a State organ, public office or a local authority;

“public participation” means the involvement of the public in the decision making process; and

“transfer” means the handing over of legal possession or control of an asset or liability.

Establishment of Technical Committee.
3. There is established a committee to be known as the Technical Committee of the Authority.

Membership of Committee.
4. (1) The Committee shall consist of—

(a) two members of the Authority;

(b) the Principal Secretary for the time being  responsible for matters relating to devolution;

(c) the Principal Secretary for the time being responsible for matters relating to finance;

(d) the Principal Secretary for the time being responsible for matters relating to land;

(e) the Chairperson of the Revenue Allocation Commission;

(f) the Chairperson of the Commission for Implementation of the Constitution;

(g) the Attorney-General;

(h) the Chairperson of the National Land Commission;

(i) the Chairperson of the Ethics and Anti-Corruption Commission;

(j) the Director-General of the Public Procurement Authority;

(k) the Auditor General; and

(l) two persons, who shall not be public officers and shall be appointed by the Authority.

(2) The members of the Committee under sub-paragraphs (b) to (k) of paragraph (1) may designate an officer from their respective State department to represent them.

(3) The Authority may co-opt any other members into the Committee as may be necessary.

Functions of the Committee.
6. The functions of the Committee shall be to—

(a) facilitate an audit of public assets and liabilities and to advise the Authority;

(b) prepare, validate and submit an inventory of public assets and liabilities to the Authority;

(c) advise the Authority on the transfer of shared assets and liabilities; and

(d) recommend to the Authority the review or reversal of irregular transfer of assets and liabilities by public entities during the transition period.

Powers of the Committee.
7. The Committee shall have the delegated powers of the Authority to—

(a) gather relevant information, including the requisition of reports, records, documents or any information from any source, including State departments or public entities;

(b) compel the production of any information required for the performance of its functions as and when necessary;

(c) interview any person, groups or members of organizations or institutions;

(d) hold inquiries and investigations for the purposes of performing its functions under this Act;

(e) make recommendations and facilitate the distribution of assets to the national and county governments; and

(f) undertake any activity necessary to effectively carry out its functions.

Audit of public assets and liabilities.
8. (1) The Authority may engage a qualified person or firm to carry out the audit of assets and liabilities in public entities.

(2) A person or firm engaged to carry out the audit of assets and liabilities shall prepare and submit the inventory of the public assets and liabilities to the Authority.

(3) The Authority shall publish an inventory of all public assets and liabilities in the Gazette.

Application to transfer a public asset or liability.
9. (1) A public entity shall make an application, to transfer a public asset or liability, to the Authority in the Form set out in the Schedule to these Regulations.

(2) An application under this regulation shall be accompanied by the following additional information—

(a) information that there has been public participation in making the decision to transfer the asset or liability;

(b) a summary of the comments received from the public under sub-paragraph (a);

(c) the value of the asset to be transferred;

(d) the value for which the asset is proposed to be transferred;

(e) an independent valuation of the asset, by a registered professional;

(f) a statement of the original purpose for which the asset or liability was acquired;

(g) the implication of the proposed transfer of the asset or liability; and

(h) information on how the public entity has complied with legal requirements for transfer of public assets and liabilities.

Instances where an application may be considered for approval.
10. (1) Subject to section (8), the Authority may approve the transfer of an asset or liability, where—

(a) the Court has made an order for the transfer of the asset or liability;

(b) there is a legal charge or mortgage over the asset and the person to whom the asset is being transferred has followed due legal process; or 

(c) the transfer is in public interest.

(2) The Authority shall not approve an application to transfer a public asset or liability where the obligation arose during the transition period.

Review or reversal of irregular transfer.
11. (1) A person may petition the Authority to review or reverse an irregular transfer of a public asset or liability.

(2) A petition under this regulation shall be made in writing and shall state, as far as possible, all the details regarding the transfer of the asset or liability.

(3) The Authority shall carry out preliminary investigations to ascertain whether there were any irregularities in the transfer of the asset or liability.

(4) The Authority shall provide a copy of the petition to the public entity and may request the public entity to respond to the petition, in writing.

(5) Where after investigations the Authority determines that the transfer was irregular, the Authority shall review or reverse the transfer and shall—

(a) notify the petitioner of its decision, in writing; and

(b) publish the decision in the Gazette.

(7) Where the Authority acts on its own motion, the same procedure shall apply with necessary modification.

SCHEDULE

FORM    (r.8(1))

APPLICATION TO TRANSFER PUBLIC ASSET OR LIABILITY

Name of applicant……………………………….........………………...
P.O. Box…………………………………………….........……………..
Tel………………………………………………….......………………

1. Description of Asset or Liability to be transferred (registration number, location and other relevant details).

2. Value of the asset or liability as at date of proposed transfer (attach valuation report).

3. Evidence of ownership of the property.

4. Date and value of asset on acquisition.

5. Name of the entity to which transfer is being made.
6. If there exists a contractual obligation attached to the asset or liability.

(attach all documentation relating to the contract)

7. Justification or reason for the transfer of asset or liability.

*Where necessary please attach supporting documents.

Application made by:

Name…………………………................………………………………
Designation……………...............……………………………………..
Signature………………………...............……………………………..
Official Stamp
Date

FOR OFFICIAL USE ONLY

Approved
Not Approved
Reasons for approval or disapproval

Made on the 12th February, 2013.

KINUTHIA WAMWANGI,
Chairman.

44-Election Parliamentary and County Election Petition Rules, 2013

44-Election Parliamentary and County Election Petition Rules, 2013

PLEASE CLICK HERE TO DOWNLOAD LEGAL NOTICE

43-Forest Act Declaration of Lambwe Forest, 2013

43-Forest Act Declaration of Lambwe Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 43

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF LAMBWE FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 724.2 hectares, situated approximately 14 kilometres south-west of Homa Bay Town in Suba District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/424, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Mbita.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife

42-Forest Act Declaration of Abiero Hill Forest, 2013

42-Forest Act Declaration of Abiero Hill Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 42

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF ABIERO HILL FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 62.5 hectares, known as south Sakwa/Migwena/807, situated approximately 9 kilometres south of Bondo Township, Siaya District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/425, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Bondo.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife

41-Forest Act Declaration of Ramogi Forest, 2013

41-Forest Act Declaration of Ramogi Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 41

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF RAMOGI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 399.50 hectares, known as Yimbo/Usigu/2743, situated approximately 24 kilometres north west of Bondo Township, Siaya District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/423, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Bondo.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

40-Forest Act Declaration of Mbalambala Forest, 2013

40-Forest Act Declaration of Mbalambala Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 40

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MBALAMBALA FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 4,253.5 hectares, known as Mbalambala Forest, situated approximately 60 kilometres north west of Garissa Township, Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/427, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Tana River.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife

39-Forest Act Declaration of Bagali Forest, 2013

39-Forest Act Declaration of Bagali Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 39

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF BANGALI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 119.373.0 hectares, known as Bangali Forest, situated approximately 4 kilometres west of Garissa Township, Tana River District, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/426, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Tana River.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife

38-Forest Act Declaration of Kuja Bull Camp Forest, 2013

38-Forest Act Declaration of Kuja Bull Camp Forest, 2013

LEGAL NOTICE NO. 38

THE FORESTS ACT(No. 7 of 2005)

DECLARATION OF KUJA BULL CAMP FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE


An area of land approximately 17.50 hectares, known as Kamasonga/Parcel No. 447, situated approximately 11 kilometres north east of Awendo Trading Centre, in the south Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/234, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Homa Bay.


Dated the 16th December, 2012.


NOAH M. WEKESA,
Minister for Forestry and Wildlife.

37-Forest Act Declaration of Ranen Forest, 2013

37-Forest Act Declaration of Ranen Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 37

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF RANEN FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 66.60 hectares, comprised of Kamasonga/Parcel No. 1055 and Kodera Lwora/Parcel No. 758, situated approximately 6 kilometres north-east of Awendo Trading Centre, in the South Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/236, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Homa Bay.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

36-Forest Act Declaration of Wire Forest, 2013

36-Forest Act Declaration of Wire Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 36

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF WIRE FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 387.3 hectares, situated approximately 20 kilometres north-west of Kisii Town, in the South Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/299, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Homa Bay.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

35-Forest Act Declaration of God Kwer Forest, 2013

35-Forest Act Declaration of God Kwer Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 35

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF GOD KWER FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 1.3 hectares, known as West Suna/Wiga/810, situated approximately 16 kilometres west of Migori Township, Migori District, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/418, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Suna.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

34-Forest Act Declaration of Kimanyi Forest, 2013

34-Forest Act Declaration of Kimanyi Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 34

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF KIMANYI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 2.5 hectares, known as Kodera/Kamiyawa/785, situated approximately 10 kilometres of Oyugis Township and 1.5 kilometres north-west of Kodera Forest, south Nyanza District, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/421, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Oyugis.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

33-Forest Act Declaration of Got Otaro Forest, 2013

33-Forest Act Declaration of Got Otaro Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 33

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF GOT OTARO FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 0.18 hectares, known as West Karachuonyo/Kokoth “A”/427, situated approximately 14 kilometres of west of Kendu Bay Township, in the South Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/422, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Oyugis.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

32-Forest Act Declaration of Kokani Forest, 2013

32-Forest Act Declaration of Kokani Forest, 2013

8TH February, 2013

LEGAL NOTICE NO. 32

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF KOKANI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 61,495.5 hectares, depicted on an extract of 1:50,000 sheet Nos. 167/3 and 4 and 178 and 2, situated approximately 28 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/420, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

31-Forest Act Declaration of MwinaForest, 2013

31-Forest Act Declaration of MwinaForest, 2013

8th February, 2013

LEGAL NOTICE NO. 31

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MWINA FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 3,347.20 hectares, depicted on an extract of 1:50,000 sheet No. 179/1, situated approximately 22 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/415, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

30-Forest Act Declaration of Hewani Forest, 2013

30-Forest Act Declaration of Hewani Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 30

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF HEWANI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 2,698.2 hectares, depicted on an extract of 1:50:000 sheets Nos. 179/1, 179/2, 179/3 and 179/4, situated approximately 18 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/417, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife

29- Forest Act Declaration of Wayu Forest, 2013

29- Forest Act Declaration of Wayu Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 29

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF WAYU FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 42,512.20 hectares, depicted on an extract of 1:50,000 sheet No. 179/1, situated approximately 22 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/416, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

28-Forest Act Declaration of Misango Hills Forest, 2013

28-Forest Act Declaration of Misango Hills Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 28

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MISANGO HILLS FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 103.7 hectares, known as Kisa/Mwikalikha/1690A, situated approximately 16 kilometres south-west of Kakamega Municipality, in Butere/Mumias District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/409, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Butere.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

27-Forest Act Declaration of Nthoani Forest, 2013

27-Forest Act Declaration of Nthoani Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 27

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF NTHOANI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 1,387.00 hectares, situated approximately 68 kilometres south-east of Kitui Town in Kitui District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/320, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitui.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

26-Forest Act Declaration of Maai Forest, 2013

26-Forest Act Declaration of Maai Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 26

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MAAI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 515.00 hectares, situated approximately 80 kilometres north-east of Kitui Town in Kitui District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/319, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitui.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

25-Forest Act Declaration of Mutha Forest, 2013

25-Forest Act Declaration of Mutha Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 25

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MUTHA FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 1,785.00 hectares, situated approximately 63 kilometres south east of Kitui Town, in the Kitui District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/317, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitui.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

24-Forest Act Declaration of Maranga Forest, 2013

24-Forest Act Declaration of Maranga Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 24

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MARANGA FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 218.5 hectares, situated approximately 12 kilometres east of Embu Municipality, in Embu Municipality, in Embu District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/206, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Embu.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

23-Forest Act Declaration of Makunga Forest, 2013

23-Forest Act Declaration of Makunga Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 23

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MAKUNGA FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 252.53 hectares, known as L.R. No. 6992/2, adjoining the eastern boundary of Mount Elgon Forest, situated approximately 25 kilometres west of Kitale Municipality, in the Trans Nzoia County/District, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/389, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitale

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

22-Forest Act Declaration of MnangeiSiyoi Forest, 2013

22-Forest Act Declaration of MnangeiSiyoi Forest, 2013

8th February, 2013

LEGAL NOTICE NO. 22

THE FORESTS ACT
(No. 7 of 2005)

DECLARATION OF MNANGEI/SIYOI FOREST

    IN EXERCISE of the powers conferred by section 23 of the Forests Act, the Minister for Forestry and Wildlife declares that the area described in the Schedule hereto shall be a forest area.

SCHEDULE

An area of land approximately 25.00 hectares, known as Mnangei/Siyoi/53 situated approximately 2 kilometres south-west of Kapenguria Town, West Pokot County/District, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/411, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, West Pokot.

Dated the 16th December, 2012.

NOAH M. WEKESA,
Minister for Forestry and Wildlife.

21-Stamp Duty Messr Triump Power Generating Exemption, 2013

21-Stamp Duty Messr Triump Power Generating Exemption, 2013

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20-Labour Institutions Building and Construction Industry Wages Order, 2012

20-Labour Institutions Building and Construction Industry Wages Order, 2012

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19-Public Finance Parliamentary Car Loan Staff Scheme Fund Regulations, 2013

19-Public Finance Parliamentary Car Loan Staff Scheme Fund Regulations, 2013

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18-Public Finance Parliamentary Mortgage Staff Scheme Fund Regulations, 2013

18-Public Finance Parliamentary Mortgage Staff Scheme Fund Regulations, 2013

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17-Nursing Commodities Regulations, 2012

17-Nursing Commodities Regulations, 2012

1st February, 2013

LEGAL NOTICE NO. 17

THE NURSES ACT
(Cap. 257)

IN EXERCISE of the powers conferred by section 9 (1) (i) and 26 of the Nurses Act, the Nursing Council of Kenya, with the approval of the Minister for Medical Services, makes the following Regulations:—

THE NURSES (NURSING COMMODITIES) REGULATIONS, 2012

PART I—PRELIMINARY

Citation.
1. These Regulations may be cited as the Nurses (Nursing Commodities) Regulations, 2012.

Interpretation.
Cap.496
2. In these Regulations, unless the context otherwise requires—

“authorized officer” means an officer appointed under regulation 6;

“Council” has the meaning assigned to it by the Act;

“Kenya Standard” has the meaning assigned to it by section 2 of the Standards Act;

“licence” means a licence issued under regulation 3;

“nursing commodity” means a commodity used by a nurse in the practice of nursing and includes any of the commodities specified in the First Schedule.

PART II—APPROVAL OF NURSING COMMODITIES

Approval by Council.
3. (1) Subject to such exemptions as may be specified by the Council, no person shall –

(a)    manufacture or otherwise produce;

(b)    sell or dispose of;

(c)    import or cause to be imported; or

(d)    export or cause to be exported,

any nursing commodity unless the commodity conforms to the relevant Kenya Standard and the person has obtained the prior approval of the Council signified by the grant of a licence as set out in these Regulations.

(2) For the purposes of paragraph (1), a nursing commodity shall be deemed to have been exported when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of export.    

Application and issuance of a licence.    
4. (1) A person who manufactures, sells, imports or exports any nursing commodity shall apply, to the Council for an appropriate licence or for a renewal of the licence.
    
(2) The application for a licence under paragraph (1) shall be in Form A set out in the Second Schedule and shall be accompanied with-

(a) the relevant permit from Kenya Bureau of Standards evidencing compliance with the Kenya Standard;

(b) certified copies of the certificate of registration or incorporation  where the applicant is a firm or company together with a certified list of the partners or directors;

(c) such fees as the Council may specify;

(d) such other documentation as the Council may require.    

(3) On receiving an application for a licence or for a renewal of a licence the Council may, issue to the applicant the appropriate licence or renew the licence.
    
(4) If the Council refuses to issue a nursing commodity licence, the Council shall notify the applicant in writing of the reasons for the refusal and give the applicant an opportunity to be heard.
    
(5) A licence issued under this regulation shall –

(a) be in Form B set out in the Second Schedule;

(b) authorize the licensee to manufacture, sell, import or export any nursing commodity;

(c) be specific with regard to the nursing commodity and person to whom it is issued;

(d) be valid for a period of one year or such other period as the Council may determine at the time of granting or renewal;

(e) contain such other conditions as the Council deems necessary to impose.
    
(6) A licence issued under this regulation may -

(a) be amended at any time on written notice to the holder by the Council, if in its opinion, the amendment is necessary for the purposes of public safety;

(b) be suspended or revoked by the Council if the holder fails to comply with the conditions contained in the licence or laid down in these Regulations .    
    
(7) The Council may suspend a nursing commodity licence if the Council has reasonable grounds to believe that-

(a) the licensee has contravened these Regulations or any provision of the Standards Act;

(b) the licensee has made a false or misleading statement in the application;

(c) the licensee has failed to comply with the terms and conditions of the licence;

(d) the licensee has not complied with a request for information or samples made by the day specified in the request, or the information or samples provided are insufficient to enable the Council to determine whether the nursing commodity meets the safety and effectiveness requirements;

(e) the nursing commodity no longer meets the safety and effectiveness requirements; or

(f) on the basis of information obtained after the commodity was licensed, the quality management system under which the commodity has been designed, or manufactured, assembled, processed, packaged, refurbished or modified, is inadequate to ensure that the commodity meets its specifications.
    
(8) The Council shall not suspend a nursing commodity license until—

(a) the Council has sent the licensee a written notice that sets out the reason for the proposed suspension, any corrective action required to be taken and the time within which it must be taken;

(b) if corrective action is required, the time set out in the notice has passed without the action having been taken; and

(c) the licensee has been given an opportunity to be heard in respect of the suspension.    

Complaints on nursing commodities.
5. (1) Any person may lodge a complaint to the Council in respect of a nursing commodity.
    
(2) A complaint under paragraph (1) shall be lodged in Form C set out in the Second Schedule and shall be accompanied by any supporting documentation as may be necessary.
    
(3) Upon receipt of a complaint under paragraph (1), the Council shall investigate the complaint and take any action as authorised in this regulation in relation to the licence granted to the person complained against.
    
(4) The licensee shall be given an opportunity to be heard during the investigations under this regulation.

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16-Transition to Devolved Government Transferred Functions, 2013

16-Transition to Devolved Government Transferred Functions, 2013

1st February, 2013 

LEGAL NOTICE NO. 16

THE TRANSITION TO DEVOLVED GOVERNMENT ACT
(No. 1 of 2012)

TRANSFERRED FUNCTIONS

IN EXERCISE of the powers conferred by section 23(1) of the Transition to Devolved Government Act, 2012, the Transition Authority identifies functions listed in the Schedule to be functions that may be transferred to county governments immediately after the first elections under the Constitution:

Provided that:

(a) these functions are in addition to the executive, legislative and financial functions provided through the establishment of the County Executive and County Assembly; and

(b) the functions provided for under paragraph 2(a) of the Schedule are limited to health services being provided by the relevant municipalities of the specified counties in the said paragraph.

SCHEDULE

1. Agriculture:

(a) livestock sale yards;

(b) county abattoirs/slaughter house services. 

2. County Health Services:

(a) county health facilities and pharmacies (specific to Nairobi County, Kisumu County , Mombasa County, Nakuru County and Uasin Gishu County);

(b) ambulance services ( specific to Nairobi, Kisumu, Mombasa, Nakuru, Uasin Gishu Counties);

(c) cemeteries, Funeral Parlors/ Mortuary services and Crematoria Services;

(d) refuse removal, refuse dumps and solid waste disposal.

3. Control of outdoor advertising:

4. Cultural services, public entertainment and public amenities but limited to:

(a) betting services;

(b) liquor licensing;

(c) video shows and hiring;

(d) sports and cultural activities and facilities;

(e) county parks, beaches and recreation facilities.

5. County Transport:

(a) access roads;

(b) street lighting;

(c) traffic and parking.

6. Animal control and Welfare:

(a) licensing of dogs;

(b) facilities for the accommodation, care and burial of animals

7. Trade development and regulations:

(a) markets;

(b) trade licensing (excluding regulation of professionals);

(c) local tourism.

8. County planning and development:

(a) land survey and mapping; and

(b) housing.

9. Pre-primary education, home-craft centre and childcare facilities. 

10. Implementation of specific national government policies on natural resources and environment conservation:

(a) protection of water springs;

(b) protection of wells and dams.

11. County public works and services specific to storm water management systems in built-up areas.

12. Fire fighting services and disaster management.

13. Control of drugs and pornography. 

KINUTHIA WAMWANGI,
Chairman.

15-Supreme Court Presidential Election Petition Rules, 2013

15-Supreme Court Presidential Election Petition Rules, 2013

1st February, 2013

LEGAL NOTICE NO. 15

THE CONSTITUTION OF KENYA

THE SUPREME COURT ACT
(No. 7 of 2011)

THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2013

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14-Supreme Court Rules Commencement, 2013

14-Supreme Court Rules Commencement, 2013

1st February, 2013

LEGAL NOTICE NO. 14

THE CONSTITUTION OF KENYA

THE SUPREME COURT ACT
(No. 7 of 2011)

THE SUPREME COURT RULES
(No. 155 of 2012)

COMMENCEMENT

IN EXERCISE of the powers conferred by rule 1 of the Supreme Court Rules, 2012, the Chief Justice appoints the 1st February, 2013, as the date on which the Supreme Court Rules shall come into operation.

Dated the 28th January, 2013.

WILLY MUTUNGA,
Chief Justice

13-Traffic Act Exemption, Tongada, 2013

13-Traffic Act Exemption, Tongada, 2013

1st February, 2013

LEGAL NOTICE NO. 13

THE TRAFFIC ACT
(Cap. 403)

EXEMPTION

IN EXERCISE of the powers conferred by section 120 of the Traffic Act, the Minister for Transport exempts the vehicles, described by reference to chassis number, make and type in the Schedule, from the provisions of section 55 (2) of the Traffic Act with effect from the 11th January, 2013.

SCHEDULE

Chassis No.                         Make         Type

LA0940C36C0009009         Tongada       T/E
LA0940C36C0009010         Tongada       T/E
38861                                 Coleshydra    M/Grand
PB955211                           B. W. P.         Low Loader
WGOSTZN58X0023417       Goldhofer      Stretching Flat Bed
XL93005BBML007224         Broshuis        Stretching Flat Bed
XL931N58BVL007194         Broshuis        Stretching Flat Bed
W09200680NWK20083      KRUPP           Mobile Crane

Dated the 22nd January, 2012.

AMOS KIMUNYA,
Minister for Transport.

12-Traffic Schedule Qingdao Step Deck, 2013

12-Traffic Schedule Qingdao Step Deck, 2013

1st February, 2013

LEGAL NOTICE NO. 12

THE TRAFFIC ACT
(Cap. 403)

EXEMPTION

IN EXERCISE of the powers conferred by section 120 of the Traffic Act, the Minister for Transport exempts the vehicles, described by reference to chassis number, make and type in the Schedule, from the provisions of section 55 (2) of the Traffic Act with effect from the 24th January, 2013.

SCHEDULE

Chassis No.                      Make          Type

LJRD 143HXC6006602      Qingdao     Step Deck Low Loader
LJRD 143HIC006603         Qingdao     Step Deck Low Loader
177244                             Terex         Stacker

Dated the 25th January, 2012.

AMOS KIMUNYA,
Minister for Transport.

11-Kenya School of Law Act Commencement, 2013

11-Kenya School of Law Act Commencement, 2013

1st February, 2013

LEGAL NOTICE NO. 11

THE KENYA SCHOOL OF LAW ACT
(No. 26 of 2012)

COMMENCEMENT

IN EXERCISE of the powers conferred by section 1 of the Kenya School of Law Act, 2012, the Minister for Justice, National Cohesion and Constitutional Affairs appoints the 15th January, 2013, as the date on which the Act shall come into operation.

Dated the 15th January, 2013.

EUGENE WAMALWA,
Minister for Justice, National Cohesion and Constitutional Affairs.