The Kenya Law Reports Newsletters | LEGAL BRIEF | Issue 014 | Tueday 29, July 2008

COURT REJECTS NOLLE PROSEQUI APPLICATION

Reported By Esther Onchana
Nairobi
George Gitau Wainaina v Attorney General (www.kenyalaw.org)
J.G. Nyamu, B.P Kubo and G. Dulu
High Court of Kenya at Nairobi
22nd July 2008
 

We are aware that the respondent Attorney-General, inter alia, has power to initiate criminal proceedings and discontinue . . . . . . . That power per se vested in him by the Constitution is not being challenged. What is being questioned is his intended exercise of the power to discontinue the criminal proceedings in the present case using the procedure of Nolle Prosequi which the circumstances of the case indicate would result in oppression of the accused/applicant by using the court process.

A three judge bench of the Constitutional Court on Tuesday last week barred the Attorney General from entering a Nolle Prosequi in a trial that had lasted six years. At the time of seeking to enter a Nolle Prosequi the accused had attended the trial court thirty one times. The Constitutional Court presided by Judges J.G. Nyamu, B.P Kubo and G. Dulu stated that although the law donates wide powers to the Attorney General those powers should not be exercised to oppress the accused.  

Section 82 of the Criminal Procedure Code allows the Attorney General to enter Nolle Prosequi at any stage before verdict or judgment thereby discontinuing the criminal proceedings but the  discharge of an accused person does not operate as a bar to subsequent proceedings against him on account of the same facts.  

This case involved George Gitau Wainaina (the accused/applicant) who on 13th June 2003 was charged two offences; malicious damage to property and stealing contrary to section 339 (1) and section 275 of the Penal Code respectively.  

During the trial at the Kibera Senior Principal Magistrate Court, the prosecution called five witnesses and closed its case.  After the court ruled that the accused had a case to answer, the accused indicated that he would call four defence witnesses to testify on his behalf.  He set off the defence case by giving testifying and thereafter calling his brother to testify on his behalf. On 24th September 2003 during a normal mention the prosecutor told the court that he had been instructed to present a Nolle Prosequi because the proceedings had been conducted by an unqualified person, contrary to the then section 85(2) of the Criminal Procedure Code.  

Being displeased with this prayer, the accused made an application to the magistrate’s court requesting for a Constitutional Reference to be made to the High Court to determine substantial questions of law revolving around the attempt by the Attorney – General to enter a Nolle Prosequi. 

Some of the questions framed to the Constitutional Court were whether the Attorney General should give reasons for attempting to enter a Nolle Prosequi in the instant case; if found in the affirmative, whether the reasons were valid so as to constitute a proper exercise of powers of the Attorney General provided by donated by section 26 (3) of the Constitution and section 82 of the Criminal Procedure Code.  

In light of the circumstances of the case and the stage at which the proceedings had reached, the Constitutional Court was asked to determine whether a Nolle Prosequi constituted an abuse of due process. Another issue was whether by refusing to utilize section 87 (b) of the Criminal Procedure Code, the prosecution had acted in bad faith with the obvious intention of preferring fresh charges and hence  subjecting the applicant to the agony of a fresh trial. Section 87 (b) allows the A-G to withdraw criminal proceedings after the accused has been called make his defence resulting to the acquittal of the accused. 

At the hearing of the Constitutional Reference on 21st May 2008 the applicant and the A-G were represented by lead counsels Mr. J.K. Njuguna and Mr. J. Kaigai respectively. The applicant’s counsel contended that the prosecution’s intention in entering a Nolle Prosequi instead of withdrawing the case under section 87 (b) was to preserve the right to present fresh charges against the applicant. He submitted to the court that the fact that prosecutor trying the case was unqualified, was the prosecution’s mistake that should not be visited on the applicant. He submitted further that if the Nolle Prosequi was permitted the applicant would be denied the right to a fair trial since tracing witnesses and lapse of memory may stand in the way of the defence case.  

On his part the counsel for the A-G pointed out that once a Nolle Prosequi is entered, a decision would be made on or not subsequent proceedings would be brought. In the counsel’s view, fear of a fresh trial were merely speculative since of the entry of a Nolle Prosequi did not necessarily lead to a re-trial. The counsel asked the court to take into consideration the interests of the complainant while deliberating on its decision.  

On the question of whether the A-G should give reasons for seeking to enter a Nolle Prosequi, the court stated that although the Constitution does not enumerate the factors that would entitle the A-G to consider it desirable to initiate or discontinue criminal proceedings, the A- G does not have absolute and unfettered discretion while exercising those powers. Therefore the court could interfere with discretionary powers where the discretion was exercised in bad faith, dishonestly, unreasonably or in regard to extraneous matters or if the authority concerned failed to take into account relevant matters.   

In the instant case the power had been exercised because the trial had been conducted by an unqualified prosecutor. Was this a valid reason? The court stated that although this was a valid reason to terminate criminal proceedings it did not constitute a proper exercise of the powers by the A-G to enter Nolle Prosequi The court observed if a Nolle Prosequi was permitted the prosecution could decide to charge the applicant afresh or could quietly decide not to take any further action against the applicant. In the latter scenario the applicant would remain in the dark as to whether to put the prospect of criminal charges was behind him, or to continue having nightmares over the prospect of such charges being sprung upon him at any time. The court was of the view that the prospect of a re-trial after the lapse of six years since the accused was charged would be in violation of his constitutional right to a trial within a reasonable time.   

Based on the foregoing reasons the court also held that considering the circumstances of this case and the stage at which the proceedings had reached, a Nolle Prosequi amounted an abuse of due process.   

The court wished to comment on the State Counsel’s submissions which apportioned blamed on both the prosecution and the courts for allowing unqualified persons to conduct trials prior to a Court of Appeal pronouncement which illegalised prosecutions undertaken by unqualified persons. The court pointed out that the court could act suo moto. Before the court is put on inquiry, information on incompetence or suspected incompetence of a given prosecutor must be made available, otherwise the court would be venturing into the untenable position of being investigator and judge, contrary to the rules of natural justice.  

In conclusion the court directed the trial court to reject the Nolle Prosequi which was presented before it on 24th September 2003 and let the prosecution elect another but appropriate mode of handling the case still pending before the trial court.

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CIRCUMSTANTIAL EVIDENCE UNSUFFICIENT IN CHILD KILLING CASE

By Timon Kosgei - Advocate
July, 2008
Nairobi
Neema Mwandoro Ndurya Vs Republic [2008] eKLR (www.kenyalaw.org),
Court of Appeal at Mombasa, (Omolo, O’Kubasu & Onyango Otieno JJ.A),
July 18, 2008.  

The appellant was charged with murder contrary to section 203 as read with section 204 of the Penal Code.  The particulars of the offence according to the information laid before the High Court at Malindi were that between 13th and 15th October, 2005 at Kwandamo village in Sabaki, Malindi, the appellant murdered Jane Katana Kaka (the deceased). 

The trial of the appellant commenced before the superior court at Malindi. On 13th February 2006 where the High Court sat with three assessors.  The prosecution called eight witnesses while the appellant defended herself by making a brief unsworn statement.  

The summary of the evidence adduced before the superior court was that on 15th October 2005, a group of women were fetching firewood in the village when they came upon the decomposed body of a child.  The body was later identified as that of Jane Kaka, a daughter of the appellant who was aged between 1 year and 11/2 years.  Dr. Anisa Omar who performed a postmortem examination on the body testified that there was a deep cut wound on the neck, severing of large vessels, the right eye ball had been gouged out and there was tear wound on the vagina.  In the doctor’s opinion, the cause of death was cardiopulmonary arrest due to severe bleedings as a result of deep cut wound on the neck. 

When put to her defence, the appellant elected to make an unsworn statement. She stated that the child had been under the care of a man called Katana Kaka who she stated was her husband and the father of the child. But Kaka, who had been called as a witness for the prosecution, testified that the marriage between him and the appellant had ended and the appellant had contracted two subsequent marriages.  It was Kaka’s evidence that child was conceived during one of the two subsequent marriages. 

At the close of the trial, all the assessors were of the opinion that that the appellant was guilty as charged. In a judgment delivered on 8th September 2006, the High Court agreed with the assessors’ opinion, convicted the appellant of murder and sentenced her to death. The High Court had been persuaded on the totality of the circumstantial evidence that since the appellant was the person who had the care of the deceased child, she had to have been the one who had killed her and dumped the body in a thicket. It was against this decision that the appellant lodged an appeal in the Court of Appeal through his advocate Mr. Geoffrey T.S. Were. The State was represented by Mr. Jacob Ondari, Assistant Deputy Public Prosecutor. 

The thrust of the appellant’s appeal was that the High Court had erred in convicting her on the basis of insufficient circumstantial evidence and that the court had failed to consider the possibility that the child could have been killed by a person other than the appellant. State Counsel conceded the appeal on the ground that the evidence did not prove that the appellant was staying with the deceased child and further, that there was no consideration of the possibility of the offence of infanticide. Under section 210 of the Penal Code, where a mother kills her child of less than twelve months and it is shown that “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth or by reason of the effect of lactation consequent on the birth of the child”, she will be guilty of the lesser offence of infanticide. While murder is punishable only be the death sentence, infanticide is punished like manslaughter i.e. a maximum of life imprisonment but with discretion left to the court to prescribed a lesser term depending on the circumstances of each case. 

As is the duty of a first appeal court, the Court of Appeal reconsidered the evidence, re-evaluated it and come to its own independent conclusions. It ocncurred that the evidence against the appellant was circumstantial since there was no eye witness to the death of the child. However, it observed that there was no evidence as to when the appellant was last seen with the child.  All that was placed before the High Court was that a group of women had stumbled upon the body of the child.  Circumstantial evidence, the Court observed, is often the best evidence as it is evidence of surrounding circumstances which by intensified examination is capable of proving a proposition with the accuracy of mathematics. Nonetheless, the such evidence should be very closely examined before it can be used as a basis for a conviction. Citing the English House of Lords’ decision of Teper v R [1952] AC, the Court of Appeal further observed that circumstantial evidence must always be narrowly examined, if only because evidence of this kind may be fabricated to cast suspicion on another and that it is also necessary before drawing the inference of the accused’s guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the influence. 

In view of the foregoing, the Court of Appeal was of the opinion that there was a lingering doubt on the possibility of Kaka having been involved in the death of the child. There being no evidence as to when the appellant was last seen with the baby, it could not be said that the circumstantial evidence was so watertight as to exclude the possibility of another person having murdered the child.  The Court  went on to state that there might have been a suspicion that the appellant might have known how the child had died but suspicion alone, however strong, is not enough to sustain a conviction. 

The Court of Appeal therefore did not agree with the High Court’s view that the prosecution had proved its case against the appellant beyond reasonable doubt. Moreover, it appeared to the Court even if there had been sufficient evidence that it was the appellant who had caused the death of the deceased, the High Court should have considered the provisions of section 210 of the Penal Code regarding the offence of infanticide.  

The appeal was allowed and an order was made that the appellant should be released.

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GAZETTE NOTICE NO. 6548 
THE STATE CORPORATIONS ACT (Cap. 446) 
THE NATIONAL CO-ORDINATION AGENCY FOR POPULATION AND DEVELOPMENT ORDER 

APPOINTMENT 

IN EXERCISE of the powers conferred by paragraph 5(2) (c) of the National Co-ordination Agency for Population and Development Order, 2004, the Minister of State for Planning, National Development and Vision 2030 appoints – 

Boaz Otieno Nyunya (Dr.),
Godwin Mzenge, 

to be members of the National Co-ordination Agency for Population and Development for a period of three (3) years, with effect from 1st July, 2008. 

Dated the 11th July, 2008. 

W.A. OPARANYA,
Minister of State for Planning,
National Development and Vision 2030.

GAZETTE NOTICE NO. 6549
THE PYRETHRUM ACT (Cap. 340) 

APPOINTMENT 

IN EXERCISE of the powers conferred by section 4(2) (a) of the Pyrethrum Act, the Minister for Agriculture appoints – 

ISAAC KARUA MWANGI 

to be Chairman of the Board of Management of the Pyrethrum Board of Kenya, for a period of one (1) year, with effect from 28th July, 2008. 

Dated the 21st July, 2008. 

WILLIAM ARAP RUTO,
Minister for Agriculture.

GAZETTE NOTICE NO. 6550 
THE NATIONAL MUSEUMS AND HERITAGE ACT (No. 6 of 2006) 

APPOINTMENT 

IN EXERCISE of the powers conferred by section 6(1)(g) of the National Museums and Heritage Act, the Minister of State for National Heritage and Culture appoints – 

ELIZABETH SANAU KOILAPA 

to be a Member of the National Museums of Kenya Board of Directors, for a period of three (3) years, with effect from 21st July, 2008 and revokes the appointment* of Muniru Khamis Tsanuo (Dr.). 

Dated the 22nd July, 2008. 

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

*G.N. 8242/2007. 

GAZETTE NOTICE NO. 6551 
THE NON-GOVERNMENTAL ORGANISATIONS CO-ORDINATION ACT (No. 19 of 1990) 

APPOINTMENT 

IN EXERCISE of the powers conferred by section 4 of the Non-Governmental Organisations Co-ordination Act, the Minister of State for National Heritage and Culture appoints – 

Under section 4(1)(b) _ 

Paul Mpute Ntiati; 

Under section 4(1)(i) – 

Hassan Aden Osman,
Betty Okero,
Brigitte Kitenge,
William Salaon Yiaile,
Sekotey Seye, 

to be members of the Non-Governmental Organizations Co-ordination Board, for a period of three (3) years, with effect from 21st July, 2008, and revokes the appointment of: 

Anthony Kinyili*.
Phoebe Odera Oruka*.
Charles Waithaka*.
George Gitau Wainaina*.
David Wanyonyi Osotsi*.
George Argwings Kodhek*.
Catherine M. Nyamato†. 

Dated the 22nd July, 2008. 

WILLIAM OLE NTIMAMA,

Minister of State for National Heritage and Culture. 

*G.N. 1398/2007 and G.N. 2948/2008. 

AZETTE NOTICE NO. 6552 
THE PUBLIC ARCHIVES AND DOCUMENTATION SERVICE ACT (Cap. 19) 
THE PUBLIC ARCHIVES (ADVISORY COUNCIL) REGULATIONS (Sub. Leg.) 

APPOINTMENT 

IN EXERCISE of the powers conferred by regulation 3 of the Public Archives (Advisory Council) Regulations, the Minister of State for National Heritage and Culture appoints – 

Under regulation 3(a) – 

Jacob ole Miaron (Dr.); 

Under regulation 3 (b) – 

Francis K. Muthaura; 

Under regulation 3 (c) – 

Joseph Kinyua; 

Under regulation 3 (d) – 

Margaret Wangui Gachihi; 

Under regulation 3 (e) – 

Hudson A Liyayi; 

Under regulation 3(f) – 

Jacob Nturibi,

Maureen M. Karisa (Ms.),

Wenwa Akinyi Odinga (Dr.),

Kimpei Munei (Dr.),

Suki K. Mwendwa (Dr.),

Robert Kanai Saidimu,

Benjamin Mutugi, 

to be members of the Public Archives Advisory Council, for a period of two (2) years, with effect from 21st June, 2008. 

Dated the 22nd July, 2008 

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

GAZETTE NOTICE NO. 6553
THE JUDICATURE ACT (Cap. 8) 
THE HIGH COURT (ADMIRALTY) RULES, 1979 (L.N. 116 of 1979) 

APPOINTMENT 

IN EXERCISE of the powers conferred by rule 4(2) of the High Court (Admiralty) Rules, 1979, the Chief Justice on the advice of the Judicial Service Commission appoints – 

Catherine Mwangi,
Lilian Mutende, 

Deputy Registrars of the High Court, to be Admiralty Marshals, with effect from 13th June, 2008.  The appointment of Boaz Nathan Olao vide Gazette Notice No. 4140 of 2005, is revoked. 

Dated the 18th June, 2008. 

J.E. GICHERU,
Chief Justice. 

GAZETTE NOTICE NO. 6554
THE CONSTITUTION OF KENYA 
THE JUDICIAL SERVICE COMMISSION 

APPOINTMENT 

IN EXERCISE of the powers conferred by section 69 of the Constitution of Kenya, the Judicial Service Commission appoints – 

Kenneth Kipkurui Cheruyot,
Gerald Muuo Mutiso,
Brenda Naswa Kituyi,
Peter Oduor Ooko,
Josphat Waititu Gichimu,
Samuel Kiprotich Mutai,
Peter Nyagaka Areri,
Edwin Muriuki Nyaga,
Isaac Karasi Orenge,
Bernard Obae Omwansa,
Harun Barky Yator,
Phylis Lusiah Shinyanda,
Chrispine Otieno Owiye,
Clarence Awuor Otieno,
David Wanjohi Mburu,
Mathias Ochieng Okuche,
Charles Ariba Kutwa,
Duke Atuti Ocharo,
Joe Mkuku Omido,
James Muriuki Macharia,
Ezekiel Anganga Obina,
Aloyce Peter Ndege, 

to be Resident Magistrates/Deputy Registrars, with effect from 10th July, 2008. 

Dated the 10th July, 2008. 

J.E. GICHERU,
Chairman,
Judicial Service Commission.

GAZETTE NOTICE NO. 6820 

THE ADVOCATES (ADMISSION) REGULATIONS

(L.N. 357 of 1997) 

ADMISSION 

PURSUANT to regulation 17 of the Advocates (Admission) Regulations, it is notified that the following three hundred and sixty six persons: 

Abdalla Adam Nafysa,
Abdi Mohamud Hassan,
Abdul Zainab Rahaman,
Achach Daniel Omoro,
Achani Fatuma Mohamed,
Achar Truphosa Anyango,
Achara Charles Okello,
Achieng Christine Menya,
Achochi Henry Nyabuto,
Achungo Valentine Situma,
Aganyo Rosalyn Adhiambo,
Agonda Jacqueline Adhiambo,
Agwara Charles Okello,
Ahamed Neemah,
Akello Belinda Akoth,
Amatika Faith Oronga,
Amondi Kenneth Oduor,
Angir Meldah,
Asaala Evelyne Owiye,
Assumpta Reuben Mbesa,
Atieno Jackline Amelea,
Atsiaya Wanda Mambori,
Awour Agnes Aron,
Ayaya Phoebe Ida,
Ayeka Rebecca Makungu
Ayieko Victor Odhiambo,
Ayiera Stephen Nyarango,
Aziz Musa Ngare,
Barasa Noela Nawanjaya,
Bett Loyce Chepchumba,
Boit Miriam Chelagat,
Bore Linda Cheboo,
Bwonya Richard Ibrahim Mbuya,
Chabala Victor Andambi,
Changwony Kevin Kiplagat,
Cheboswony Elijah Kibet,
Chege Antony Kamau,
Cheng’asia George Murunga,
Chenge Benard Busiku,
Chepkemboi Phylis Baraga,
Cheruiyot Fred Kiplang’at Chumo,
Chiggai Harriette Igonanga,
Chirchir Angela Cherono,
Chumo Kiptoo David,
Churu Hellen Ngina,
Dosio Brenda Amondi,
Echesa Stephen Atenya,
Gachau Francis Muigai,
Gachina Philip Wambugu,
Gathara Edith Wambui,
Gathirwa Josphat Githinji,
Gicheha Emma Wamboi,
Gichohi Johnson Waihura,
Gichunge Linus Thuranira,
Gikonyo Winny Wambui,
Gitau Robert Gitonga,
Githaka Catherine Nyambura,
Githang’a Fridah Njeri,
Gitonga Anthony Munene,
Gitonga Martha Gathoni,
Gituma Charity Naitore,
Gugu Stephen Mathu,
Gulenywa Arlentrice Shirley,
Gwada Clifford Odhiambo,
Ikanda Carolyne Mumbe,
Imanene John Mutua,
Ingosi Reuben Shitsama Shibere,
Inyama Yvonne Khatambi,
Ireri Joan Gakii,
K’ondoi Christine Atieno Oyugi,
Kabugu Christopher Muguku,
Kaburia Rhoda Mukami,
Kaburu Joseph Mwirigi,
Kaddebe Eddie Ndonga,
Kahuya Irene Marcia,
Kaimenyi Eva Kanyiri,
Kakai Francis Kituyi,
Kamau George Mwangi,
Kamau John Kamau,
Kamau John Njuguna,
Kamau Phyllis Wangui,
Kamwele Bildad Rogoncho,
Kanyare Khadija Hassan,
Karbolo Irene Naserian,
Kariuki Angelita Wamuyu,
Kariuki Samuel Mwaniki,
Kasavuli Bernard Onziru,
Kashindi Ebby Imbahala,
Katuga Leonard Mugusa,
Kaunda Janice Muthoki,
Kefa Ruth Chebesio,
Keli Susan Kanini,
Khaemba Bryan Mandila,
Khaemba Edna Sudi Namakhuli,
Khaseke Georgiadis Makadia,
Khayumbi Jackson Inziani,
Kiarie Sarah Wanjiku,
Kibaara Jennifer Wambui,
Kibelion Kipkirui,
Kibet Raymond Langat,
Kibiwott Caroline Jepkorir Jepchirchir,
Kidenda Ann Achieng Rachel,
Kigen Emily,
Kigume Emily Wairimu,
Kihuria Ruth Nyagathiri,
Kilonzo Christopher Muindi,
Kimaiga Hellen Manyara,
Kimani James Njenga,
Kimeu Duncan Mutinda,
Kimiri Caroline Kanana,
Kimondolo Simon Nzioka,
King’ang’ai James Wachira,
Kinuthia George Kamau,
Kinyanjui Mary Wanjiku,
Kinyori Wairu,
Kinyua Anne Nyaruai
Kinyua Christine Gathoni,
Kinyua Evelyne Abijah Wairimu,
Kioni John Kabira,
Kipkemboi Eric Rotich Nyongio,
Kiprop Amos Mokoross,
Kiptoo Angela Jebichii,
Kiptoon Vincent Kibichii,
Kipyegon Bernard Rugut,
Kiriga Allan Mugambi,
Kirimi Christine Makena,
Kiritu Danson Gichina,
Kirui Rodah,
Kisabuli Leah Nekesa,
Kitegi Mary Awour,
Kitheka Alfred Mutunga,
Kithenya Mercy Ngendo,
Kithinji Cecilia Karimi,
Kituku Emmanuel Wambua,
Kivindyo Justus Muithya,
Kivuti Monica Njoki,
Koech Edwin Cheruiyot,
Korir Jonah Kimutai,
Korir Naomi Cherobon,
Koskey Purity Chepkorir,
Kubai Joy Kendi,
Kuindwa Olympia Habiya,
Kungu Christine Wanjiru,
Kuruga Martin Mbichire,
Kuto Derrick Khaemba,
Laichena Mugambi Francis,
Lajah Caroline Ngesa,
Lelo Lucy Mbithe,
Lesootia Albert Saitabau,
Lubano Christine Noella,
Lusweti Nekesa Faith,
Lwanga Mwangi Kamau,
Madhani Safina Mohamed Ali,
Mahui Tabitha Mugure,
Maina Fredrick Michira,
Maina Richard George Nechesa,
Mainnah Lorna Jennifer Wambui,
Makau Nancy Mwende Nzau,
Makau Stephen Mumo,
Makila Symphie Nekesa,
Makungu Everlyne,
Mang’ea David Antony,
Mang’era Elkanah Gekonge,
Maragia Josephine Nyatuga,
Marete Alex Muriira,
Marwa Ishivinder Kaur,
Masika Samuel Munyafuru,
Matheka Jack Wandai,
Maundu Mwendwa Mutua,
Mbaabu Carlpeters Ethalie,
Mbai Caroline Mbatha,
Mbaluto John Mulika,
Mbaye George Nabina,
Mbeda Lorna Eve,
Mbugua Andrew Mbote,
Mbugua Monica Wanjiku,
Mbugua Peter Gachuhi,
Mburu Tito Mbariti,
Mikangi Irene Nasenya,
Mimano Peter Mugo,
Miruka Enock Anyona,
Mohamed Yunis Haji Omari,
Mongeri Edwin Omari,
Motende Jackson Mobisa,
Muango Etta Achieng,
Mubia Anne Wahura,
Muchingi Selina Nelima,
Muganda Audrey,
Mugo Judy Wamaitha,
Mugogo Sheldon Livasia,
Muhoro Alvin Kimani,
Mukabi Kimani Mukabi,
Mukania Sharon Nakhumicha,
Mukenga Alice Wairimu,
Mukhula Yusuf Baraga,
Mulli Clara Kasiva,
Mumu Joyce Wamalwa,
Munene Anne Wangari,
Munialo Loice Shalakha,
Munyororo Francis Wanjohi,
Murang’a Peter Gitonga,
Murigu Peter Muthii,
Muriithi Deynes,
Muriithi Patrick Njue,
Muriuki Catherine Wambeti,
Muriungi Gerald Kaimenyi,
Mururu Kathure,
Mutegi Joyce Mwende,
Muthamia Sammy Bundi,
Muthuri Monicah Karambu,
Mutugi Mary Mugure,
Mutunga Eric Musyoka,
Mutungi Nelly Wangui,
Muumbi Boniface Munyao,
Mwai Priscilla Wanjiru,
Mwaisaka Davidson Mghanga,
Mwangi Ann Wambui,
Mwangi Patrick Wambugu,
Mwangi Peter Raydon,
Mwangi Ruth Julia Wahito,
Mwangi Veronica Wambui,
Mwango Terry Awino,
Mwatsama Janet Mjeni,
Mwongeri Fridah Gakii,
Nabiswa Johannes Waswa,
Nandi John Paul,
Nandwa Anne Clara,
Nchoe Ole Zakayo Joel,
Ndabi James Mungai,
Ndege David Nyamechi,
Ndenderu Elizabeth Nyokabi,
Nderu Ann Wambui
Ndikimi Andrew Chege,
Ndiritu Eunice Njeri,
Ndiritu Hiram Gachugi,
Ndombi Christine Prisca,
Ndombi Prestone Wawire,
Ndung’u Anastasia Gathoni,
Ndung’u Loise Wangechi,
Ndung’u Robert Kimani,
Ng’ang’a Monica Wairimu,
Ngetich Bernhard Kipkoech,
Ngetich Felicitus Chepkorir,
Ngetich Solomon Kipkirui,
Njagi Carolyne Muthoni,
Njagi Jacqueline Wanja,
Njeru Hilda Marigu,
Njeru John Eliseus Gitonga,
Nkonge Christine Gakii,
Nyaanga Geoffrey Mogendi,
Nyabicha Eric Michira,
Nyagah Davis Mawira,
Nyakio Linda Manga,
Nyakundi Fredrick Mayaka,
Nyamboga Erneo Nyakundi,
Nyameta Cleophas Bichanga,
Nyamu Janette Wandia,
Nyamwega Gladys Nyabwari,
Nyanchoka Alfred Oseko,
Nyongesa Emily Nafula,
Nyongesa Eugene Wangila,
Nyukuri Charles Baraza,
Obwocha Florence,
Ochanda Grace Aran,
Ochieng Jude Robin,
Ochieng Lillian Sogo,
Ochieng Melanie Awino,
Ochieng Nashon Kwanya,
Ochieno Dennis Ngira,
Ochoki Jimmy Sausi,
Odari Milly Jalega,
Odhiambo Christine Agumba,
Odondi Harry Onyango,
Odoyo Austine Otieno,
Odundo Pamela Anyango Wasonga,
Oduor Henry John,
Ogal Dennis Onyango,
Ogembo Daisy Lorene Akinyi,
Ogola Collins Okoth,
Ogolla Joanne Achieng,
Ogombe Lorraine Dinna Akinyi,
Ogutu Millicent Jennifer Omuodo,
Ogweno Sarah Akinyi,
Okaka Collins Orwa,
Okango Patrick Martin,
Okello Christine Violet Asuna,
Okelo Vincent Adet,
Okore Jackline Anyango,
Okumbe Rosemary Atieno,
Okutoyi Anne Mary Auma,
Oluoch Dorcas Akinyi,
Olwanda Hellen Alice,
Olwete Dennis Joseck Mare,
Omalla Olga Adhiambo,
Ombati Angela Sabiri,
Ombija Sarah Achieng,
Omenyi Hiram Nyaburi,
Omosa Robert Mounde,
Omwange Jackson Obuya,
Omweri Horace Oroo,
Ondieki Charles Nchore,
Ondieki Edna Moraa,
Ong’uti Seth Ayunga,
Onjoro Stephen Khachuenu,
Onsongo Josephat Maroro,
Ontiti Kennedy Morara,
Onyango Julius Lawi,
Onyango Maureen Emily Akinyi,
Onyango Robert Paul,
Onyango Victor Augustus,
Opolo Beatrice Akinyi,
Orare Jared Nchore,
Otieno Christopher Antony,
Otindo Mary Anjao,
Otunga Anne Nelima,
Ouma Jack Busalile Mwimali,
Owino Angelo Morris,
Owino Jared Sala,
Owino Robert Omondi,
Owino Samora Michael Onyango,
Owiti Lydiah Dorah Akinyi,
Oyomba Collins Ochieng,
Ragama Roselyne Adoyo,
Rugene Jerusha Wanjiku,
Saidi Daniel Wamotsa,
Samba Pennynah Immaquelate,
Sang Janet Cherotich,
Shavulimo Carolyn Msimbi,
Shifwoka Carlestous Muchera,
Shikanda Abdallah Yusuf,
Shimejero Stephen Ashene,
Sifuna Edwine Watenya,
Simiyu Lester,
Singi Annastacia Kalunde,
Sure Daffline Nyaboke,
Telewa Stellah Nekesa,
Tharani Aleem Alnoor,
Thuo Caroline Wambui,
Towet Alice Chemosop,
Varvani Mohamed Salim Abdul Wahab,
Wachira Martin Maina,
Waheire Anne Nyaguthii,
Waithira Elijah Njoroge,
Wakimani Fredd Gishanga,
Waliaula Sylvia Nandako,
Wambua Consolata Mwende,
Wambugu Grace Wangui,
Wamicwe Andrew Mwaura,
Wandue Eliza Wanjiru,
Wang’ele Mary Inyuma,
Wangui Damaris Woki,
Wanjiku Irene Njenga,
Wanjira Stephen Waruingi,
Wanjiru Dorrin Wagithi,
Wanjohi Susan Muringi,
Wanyonyi Moses Wanjala,
Warindu Peter Mbuya,
Warutere Daniel Njenga,
Wasige Benjamin Binyenya,
Wasike Peter Wabomba,
Wasilwa Brenda Nekesa,
Watila Diana Mutunga,
Waweru Kimani,
Wayumba David Aquino,
Wewa Juddy Christine,
Yusuf Hussein Mohamed,

have complied with the provision of section 13 of the Advocates Act as to pupilage and the passing of examinations subject to such exemptions as may have been granted under subsection (2) of the section. 

Dated the 7th July, 2008. 

W. KULUNDU-BITONYE,
Director/Chief Executive and
Secretary, Council of Legal Education. 

THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDISATION, ACCREDITATION AND SUPERVISION) RULES, 1989(L.N. No 56 of 1989)
ADVENTIST UNIVERSITY OF AFRICA 
ISSUANCE OF LETTER OF INTERIM AUTHORITY 

PURSUANT to the provisions of rule 9 of the Universities (Establishment of universities) (Standardization, Accreditation and Supervision Rules) Rules, 1989, the Commission for Higher Education on the 16th day of May, 2008, issued a Letter of Interim Authority for the establishment of the Adventist University of Africa as a private university in Kenya from the date of issue. 

Particulars of the University: 

Name. – Adventist University of Africa. 
Postal Address. – P. O. Box Number Private Bag, 00503 Nairobi, Kenya 
Location. – Advent Hill, Magadi Road, Ongata Rongai, Nairobi, Kenya 
Sponsorship. – General Conference of Seventh-day Adventists 

Academic Character: 

Adventist University of Africa (AUA) is a Seventh Day Adventist Christian Post Graduate University with the primary mandate of developing competent leaders for both the church and society.  The University shall foster the balanced development of the whole person – spiritually, intellectually, physically, morally and socially.  The University emphasizes academic scholarship, quality research by faculty with students and specialized professional preparation leading to top service of God and humanity. 

In the initial phase, the University shall offer post graduate programmes in Theology, Religion, Ministry, Leadership, Business Administration, Management, Education, Health, Information Technology and International Development as it develops other programmes.  It will also endeavour to run short courses, seminars and workshops. 

Dated the 9th July, 2008. 

EVERETT STANDA,
Commission Secretary. 

GAZETTE NOTICE NO. 6822
THE UNIVERSITIES ACT (Cap. 210 B) 
THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDISATION, ACCREDITATION AND SUPERVISION) RULES, 1989(LN No. 56 of 1989) 
MT. KENYA UNIVERSITY 

ISSUANCE OF LETTER OF INTERIM AUTHORITY 

PURSUANT to the provisions or rule 9 of the Universities (Establishment of universities) (Standardization, Accreditation and Supervision Rules) Rules, 1989, the Commission of Higher Education on the 30th day of May, 2008 issued a Letter of Interim Authority for the establishment of Mt. Kenya University as a private university in Kenya from the date of issue. 

Particulars of the University: 

Name. – Mt. Kenya University.
Postal Address. – P. O. Box Number 342, 01000 Thika, Kenya. 
Location. – General Kago Street, Thika, Kenya. 
Sponsorship. – Mt. Kenya University Trust Registered Trustees. 

Academic Character: 

With an emphasis on Science and Technology, Mt. Kenya University shall endeavor to offer all rounded education, including moral and professional education to all persons irrespective of religion, race, gender or political affiliation, social or cultural background.  It will endeavor to develop well trained manpower equipped with technological scientific knowledge and capacities from undergraduate  (certificates, diploma and degrees) to post graduate (Masters, doctorates and post doctorate fellowships) level. 

Dated the 9th July, 2008. 

EVERETT STANDA,
Commission Secretary

GAZETTE NOTICE NO. 6823 

THE UNIVERSITIES ACT

(Cap. 210 B) 

THE UNIVERSITIES (CO-ORDINATION OF POST SECONDARY SCHOOL INSTITUTION FOR UNIVERSITIES EDUCATION) RULES, 2004

(LN 112 of 2004) 

PURSUANT to the provisions of Rule 5 (2) of the Universities (Co-ordination of Post Secondary School Institutions for University Education) Rules, 2004, the Commission for Higher Education has issued Certificates of Validation in respect to the programmes listed herein below to be offered by the institution listed against the programme and within the location set out herein. 

Take notice that the Certificate of Validation confirms that the programme has met the standards set out by the Commission for Higher Education only if the programme is offered by the institution whose resources have been verified by the Commission for Higher Education and within the location inspected and the particulars of which notified to the public. 

PARTICULARS OF INSTITUTIONS WHOSE PROGRAMMES HAVE BEEN VALIDATED AND ISSUED WITH CERTIFICATES OF VALIDATION 

Dated the 9th July, 2008.

EVERETT STANDA,
Commission Secretary.

GAZETTE NOTICE NO. 6824 
THE UNIVERSITIES ACT (Cap. 210 B) 
THE UNIVERSITIES (CO-ORDINATION OF POST SECONDARY SCHOOL INSTITUTION FOR UNIVERSITIES EDUCATION) RULES, 2004 (LN. 112 of 2004) 

PURSUANT to the provisions of Rule 12 (4) of the Universities (Co-ordination of Post Secondary School Institutions for University Education) Rules, 2004, the Commission for Higher Education has granted Authority to the following Post Secondary School Institutions to Collaborate with the Degree Awarding institutions listed therewith to offer the degree programme listed therein only and has accordingly and respectfully issued Letter of Authority to Collaborate for each programme. 

Take notice that the Letter of Authority to Collaborate confirms that the Post Secondary School Institution is authorized to collaborate with a degree awarding institution and that the programme on offer has met the standards set out by the Commission for Higher Education only if the specified programme is offered by the Post Secondary School Institution whose resources have been verified by the Commission for Higher Education and within the specified location and the particulars of which notified to the public. 

PARTICULARS OF INSTITUTIONS GRANTED AUTHORITY TO COLLABORATE 

Dated the 9th July, 2008. 

EVERETT STANDA,
Commission Secretary.