The Kenya Law Reports Weekly Newsletter
LEGAL BRIEF | Issue 046 | Tuesday 27, March 2009

 
 
Case of the Week | Case Diary | Legal Notices | Forward this newletter
 
 
 
CASE OF THE WEEK

PROSECUTION IS TO BLAME FOR DRAWING A DEFECTIVE CHARGE SHEET, HIGH COURT RULES

Reported By Anne Asugah - Advocate
February 2009

Erro Oba v Republic [2009] eKLR (www.kenyalaw.org)
High Court of Kenya at Nakuru
Justice M. Koome.
29th January, 2009

The High Court sitting in Nakuru has set free Mr. Erro Oba, the  appellant in this case  who had been charged, convicted and sentenced to 20 yrs with the offence of penetration contrary to section 3 (1) (a) of the Sexual Offences Act owing to a defective charge sheet. Briefly, the facts of the case are that on the 25th Day of November 2007, at Ngomongo village in Laikipia District within the Rift Valley province, Mr. Oba penetrated the genital organs of an imbecile, one N.  contrary to section 3 (1) of the Sexual Offences Act No. 3 of 2006. Although the charge sheet showed an alternative charge, no particulars of an alternative charge were framed against Mr. Oba.  During the trial, the appellant was convicted on his own plea of guilty and sentenced to 20 years. He appealed against the sentence which is the subject matter of this judgment. The State in this case conceded to the appeal on grounds that the charge sheet as drawn was defective for omitting the words intentionally and unlawfully in the particulars of the charge as provided by the Sexual Offences Act.

In considering an appeal, the appellate court must re-evaluate the evidence given before the trial court and come to its own conclusion.

The question before the appellate court was whether the appellant who was tried and convicted based on a defective charge sheet should be set free since the charge sheet as drawn disclosed no offence known in law.

Section 3 (1) (a) of the Sexual Offences Act provides as follows:  
“he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs
In the present case, the charge sheet was drawn but the words ‘intentionally and unlawfully’ were omitted. This rendered the charge sheet incurably defective. In deciding whether to take the case for re trial, the Judge referred to an earlier decision by the Court of Appeal in the case of Ahmed Sumar V Republic where the court stated that where a conviction is vitiated by a gap in the evidence or other defect for which the prosecution is to blame, the court will not order a retrial. In the present case, the prosecution was to blame for drawing a defective charge sheet and therefore, the court could only set the appellant free.  In setting the appellant free, Justice Koome expressed her opinion thus;

 
 

‘’In regard to sexual offences where a mentally challenged victim is involved, such words ‘intentionally or unlawfully’ are not necessary because the victim has no capacity to give consent. This recommendation should be considered when the Sexual Offenses Act is reviewed for possible amendments”

The appeal was allowed and the sentence imposed by the trial court set aside.

Download Case

 
 
CASE DIARY
back to top

LIMITATION PERIOD FOR ACTIONS FOUNDED ON DEFAMATION

Reported By Daniel Saidi- Advocate
Nairobi-Kenya

Wycliffe Swanya v Toyota East Africa Ltd & another [2009] eKLR (www.kenyalaw.org)
Court of Appeal at Nairobi
Tunoi, Waki & Aganyanya JJ A
March 13, 2009

“Under section 4(2) of the Limitation of Actions Act (cap 22) an action founded on tort may not be brought after the end of 3 years from the date on which the cause of action accrued, provided that an action for libel or slander may not be brought after the end of twelve months from such date.”

The Court of Appeal has upheld the decision of the High Court striking out the appellant’s suit in an action for slander on the ground that the appellant did not file the suit within the period required for bringing defamation suits to court. In agreeing with the High Court’s decision, the Court of Appeal stated that an action founded on defamation must be brought within twelve months from the date on which the cause of action accrued and, in this case, the cause of action accrued on the date on which the slanderous remarks are alleged to have been made. The judges of appeal, in dismissing the appeal, observed that even supposing the appellant had filed the suit within the limitation period, the suit could not stand because it was not disclosed, inter alia, whether the 2nd respondent was the one who made the alleged slanderous remarks and with the express or implied authority of the 1st respondent company and it was not shown whether the slanderous remarks were published and to whom.

The facts of the case in the High Court were as follows: On 17th January, 2007 the appellant Wycliffe Swanya, filed a suit for defamation in the High Court claiming from the 1st respondent (Toyota East Africa Ltd) and the 2nd respondent (Francis Massai) jointly and/or severally general damages arising from words the respondents are alleged to have uttered on 12th November, 2005 and which the appellant believed were defamatory of him. The words allegedly uttered were to the effect that “.... If this company (Toyota East Africa Limited) had customers/people like you – Mr Swanya, the company would close down.”

The respondents, after filing a defence, filed an application in which they sought to strike out the name of the 1st respondent and the suit generally on the grounds, inter alia, that there was no cause of action for the claims made by the appellant; that this being a defamation suit the cause of action was time-barred, the appellant having failed to file the suit within twelve months from the date when the alleged utterances were made; that the 1st respondent in its capacity as a company was incapable of uttering the alleged defamatory words and had wrongly been joined as the 1st respondent in the suit merely because the 2nd respondent who allegedly uttered the scandalous words was its employee. The appellant opposed the application on the grounds, inter alia, that the suit should not be struck out that since the 1st respondent was primarily or vicariously liable for tortuous acts of its representatives or officers and that though the utterances were made on 12th November, 2005, the appellant started to feel their negative impact in May 2006 and the suit was filed within one year thereafter.  The judge struck out the suit after finding that the suit was filed out of time and that the 1st respondent being a limited liability company it could not utter defamatory words.

On appeal the appellant stated that the cause of action arose out of slander from words which were uttered on 12th November, 2005 and that these words spread to the appellant’s place of work so that the cause of action arose in May 2006 and that when the suit was filed on 17th January, 2007, it was within the limitation period. Further that the judge should not have stuck out the suit since apart from the defamation cause of action there was another independent cause of action in the plaint, namely, malicious falsehood.

The respondents, in opposing the appeal contended that the cause of action in this matter arose when the defamatory words were uttered. That there were no averments when these defamatory words were published and uttering words alone does not constitute defamation. They further stated that if there was a tort of malicious falsehood, it was not shown against whom this tort was committed and that no reasons were shown why the 1st respondent was sued in the case the subject of this appeal. They prayed that the appeal be dismissed.
           
The Court of Appeal observed that a limited liability company is a legal entity capable of suing or being sued and that in defamation cases, limited liability companies have been sued and ordered to pay compensation. It further observed that although the words were alleged to have been uttered by the two respondents jointly and severally, a limited liability company as the 1st respondent, cannot make verbal remarks, but for it to be held liable its officers or servants can in their official capacity and with the authority of the employer.  The court reiterated that in the case before the High Court it was not disclosed who made the remarks and in what capacity and without this disclosure, the High Court judge could not be faulted for finding that the 1st respondent was wrongly enjoined to the suit.  The court also found that the although the appellant described the 2nd respondent as an employee of the 1st respondent, his rank in that company was not disclosed and it was not disclosed as to whether he was the one who made the alleged defamatory utterances with the express or implied authority of the 1st respondent.  The court further found that although the remarks allegedly uttered indicated the appellant was a customer of the 1st respondent, this alone was not sufficient to show the full context in which the utterances were made; neither did the appellant disclose his involvement with the respondents which gave rise to the remarks so as to give the court the opportunity to consider the context in which the remarks were made. The judges of appeal remarked that under section 4(2) of the Limitation of Actions Act (cap 22) an action founded on tort may not be brought after the end of 3 years from the date on which the cause of action accrued, provided that an action for libel or slander may not be brought after the end of twelve months from such date. They opined that the date on which the cause of action accrued was the date on which the slanderous remarks are alleged to have been made, that is, on 12th November, 2005 and that therefore the latest the suit should have been filed would have been 11th or 12th November, 2006.

The court stated that in a suit founded on defamation a plaintiff must establish and prove the following facts: that the matter of which the plaintiff complains is defamatory in character, the defamatory statement or utterance was published by the defendants, that is, the defamatory statement was communicated to someone other than the person defamed and that it was published maliciously and, in slander, subject to certain exceptions, that the plaintiff has suffered special damage. The court  further stated that under section 3 of the Defamation Act the words uttered by a party against another amount to slander if they are published and intended to disparage that person in his office, profession, calling, trade or business held or carried on by him. The court observed that appellant did not even disclose where his place of work was. The learned judges of appeal remarked that the words allegedly uttered by the respondents and which gave rise to the case in the superior court did not appear to have been communicated to third parties or shown to have been intended to disparage or directed at disparaging the appellant in his office, profession, calling, trade or business held or carried on by him. The court observed that the appellant’s pleadings or even the proceedings in the High Court did not disclose this important aspect of the case nor did they disclose any third party who would have heard the disparaging remarks in order to establish the ingredient of publication and to hold the appellant to ridicule or contempt and that the defamatory nature of the alleged remarks was not clearly brought out. 

In the final analysis the judges of appeal were of view that, given all the circumstances of the case, no defamation case was made out by the appellant against the respondents and that even if it had done so the case would have been caught by the limitation period. As regards the issue of the tort of malicious falsehood, the court remarked that if it existed, was not raised before the High Court and therefore it could not be entertained in the appeal. The court upheld the High Court’s decision striking out the appellant’s suit and dismissed the appeal.

Download Case
 
LEGAL NOTICES
back to top


Kenya Gazette of 20th March, 2009, Vol. CXI – No. 25

GAZETTE NOTICE NO. 2652
THE UNIVERSITY OF NAIROBI ACT (Cap. 210)
THE KENYA POLYTECHNIC UNIVERSITY COLLEGE ORDER, 2007  (L.N. 159 of 2007)
APPOINTMENT

IN EXERCISE of the powers conferred by section 11 (1) (a) of the Kenya Polytechnic University College Order, 2007, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-

Francis John Gichaga (Prof.),
Harry L. Kaane (Prof.) (Dr.),

as Chairman and Vice-Chairman, respectively, of the Kenya Polytechnic University College Council, for a period of three (3) years.

Dated the 13th March, 2009.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 2653
KENYA VISION 2030
VISION DELIVERY BOARD

IN ACCORDANCE  with Gazette Notice No. 1386 of 17th February, 2009, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-

Under section 2 (1) (a)-
James Mwangi (Dr.),
to be a non-executive Chairman for three (3) years:

Under section 2(1) (f)-
Agnes Wakesho Mwangombe, (Prof.),
Michael Joseph,
Peter Gakunu,
John Cheruiyot Chemitel (Eng.),
Peter Wanyande (Prof.),
Abdi Mohamed Ahmed,
L.K. Sangale (Dr.),
to be members of the Vision Delivery Board, for three (3) years.

Dated the 13th March, 2009.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 2654
THE STATE CORPORATIONS ACT (Cap. 446)
THE BRAND KENYA BOARD ORDER, 2008
APPOINTMENT

IN EXERCISE of the powers conferred by section 3 (2) (a) of the Brand Kenya Board Order, 2008, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-
HANNINGTONE JOEL GAYA
to be non-executive Chairman of the Brand Kenya Board, for a period of three (3) years.

Dated the 13th March, 2009.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 2655
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA WINE AGENCIES LIMITED
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (l) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-
RICHARD MOITALEL OLE KENTA
to be Chairman of the Kenya Wine Agencies Limited, for a period of three (3) years.

Dated the 13th March, 2009.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 2656
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA PLANT HEALTH INSPECTORATE SERVICE ORDER, 1996 (L.N. 305 of 1996)
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (a) of the Kenya Plant Health Inspectorate Service Order, 1996, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-
JULIA AUMA OJIAMBO (PROF.)
to be Chairman of the Kenya Plant Health Inspectorate Service, for a period of three (3) years,  with effect from 16th March, 2009.

Dated the 13th March, 2009.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 2657
THE STATE CORPORATIONS ACT (Cap. 446)
THE EXPORT PROMOTION COUNCIL
APPOINTMENT

IN EXERCISE of the powers conferred by section 6(1) (a) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-
PETER NJERU NDWIGA
to be Chairman of the Export Promotion Council, for a period of three (3) years.

Dated the 13th March, 2009.

MWAI KIBAKI,
President.


GAZETTE NOTICE NO. 2658
THE STATE CORPORATIONS ACT (Cap. 446)
THE KENYA SEED COMPANY
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Agriculture appoints-
SYMON CHEROGONY
to be a member of the Board of Kenya Seed Company, for a period of three (3) years, with effect 2nd March, 2009.

Dated the 4th March, 2009.

WILLIAM ARAP RUTO,
Minister for Agriculture.


GAZETTE NOTICE NO. 2659
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE COUNTY COUNCIL OF LAMU
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the County Council of Lamu (Lamu Old Town Conservation) By-laws, 2000, the Deputy Prime Minister and Minister for Local Government appoints-

Mohamed Soud – (Chairman),
Hassan A. Albeity,
Alfred A. Esthitera,
Athman Dumila,
Vincent Mbuyu,
Ghalib Alwy,
Hamid Mohamed Abdalla,
Charles Mwathe,
Ali Bun,
Omar Ali,

to be members of the Local Planning Commission, for a period of three (3) years.

Dated the 25th February, 2009.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 2660
THE LOCAL GOVERNMENT ACT (Cap. 265)
THE MUNICIPAL COUNCIL OF MOMBASA
APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the Municipal Council of Mombasa (Mombasa Old Town Conservation) By-laws, 2000, the Deputy Prime Minister and Minister for Local Government appoints-

Mariam El Maawy –(Chairman),
Abubakar Mohdhar,
Abubakar Maady,
Sadiq Ghalia,
Sheikh Yusuf Musta,
Hassan Abdi,
Tubman Otieno,
Peterson Mutugi,
Tuesday Gichuki,

to be members of the Local Planning Commission, for a period of three (3) years.

Dated the 25th February, 2009.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 2661
THE VALUATION FOR RATING ACT (Cap. 266)
The MUNICIPAL COUNCIL OF LIMURU
APPOINTMENT

IN EXERCISE of the powers conferred by section 12 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for Local Government gives approval for appointment of-
MICHAEL NJOGU
to be secretary and member of the Valuation Court for the Municipal Council of Limuru.

Dated the 3rd March, 2009.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.

GAZETTE NOTICE NO. 2662
THE VALUATION FOR RATING ACT (Cap. 266)
THE MUNICIPAL COUNCIL OF NYAHURURU
APPOINTMENT

IN EXERCISE of the powers conferred by section 12 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for Local Government gives approval for appointment of-

Francis M. Njuguna - (Chairman),
Jonnah Gicheru Munga – (Alternate member),
S.G. Njogu – (Secretary),
J.M. Karumba,
P.W. Thiari,

as members of the Valuation Court for Municipal Council of Nyahururu.

Dated the 10th March, 2009.

MUSALIA MUDAVADI,
Deputy Prime Minister and
Minister for Local Government.


GAZETTE NOTICE NO. 2663
THE KENYA CULTURAL CENTRE ACT (Cap. 218)
THE KENYA CULTURAL CENTRE COUNCIL

APPOINTMENT

IN EXERCISE of the powers conferred by section 3 (1) of the Kenya Cultural Centre Act, the Minister of State for National Heritage and Culture appoints-

Patrick Obath (Eng.),
Andrew White,
Nicholas ole Moipei,
Abubakar Zein Abubakar,
Salome Mwangola (Dr.),
John Sibi-Okumu,
Lorna Abungu,
Suzanne Gachukia,
Kimingichi Wabende,
Gladys W. Gatheru, Deputy Director of Culture,
Permanent Secretary, Ministry of Finance,
Permanent Secretary, Ministry of State for National Heritage and Culture,

to be members of the Kenya Cultural Centre Council, with effect from 1st March, 2009.

Gazette Notice No. 4526 of 2005, is revoked.

Dated the 13th March, 2009.

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


GAZETTE NOTICE NO. 2664
THE CONSTITUENCIES DEVELOPMENT FUND ACT (No. 16 of 2007)
APPOINTMENT

IN EXERCISE  of the powers conferred by section 5 (4) of the Constituencies Development Fund Act, 2007, the Minister of State for Planning National Development and Vision 2030 appoints-
RT. REV. BISHOP MARTIN KIVUVA
to be the Chairman of the Board of the Constituencies Development Fund, for a period of three (3) years, with effect from 23rd March, 2009. The appointment of Lawrence Kahindi Majali*, is revoked.

Dated the 16th March, 2009.
W. A. OPARANYA,
Minister of State for Planning,
National Development and Vision 2030.

*G.N. 4227/2008

GAZETTE NOTICE NO. 2665
THE CRIMINAL PROCEDURE CODE (Cap. 75)
APPOINTMENT

IN EXERCISE of the powers conferred by section 85 of the Criminal Procedure Code, the Attorney-General appoints-

Jusper Maranga Omwenga,
Edward Juma Masakha,
Selelah Atieno Okoth,
Antony Saisi Aura,
Hussein Ali Somow,
Joseph Makabia Kopejo,
Sophie Njeri Mutemi,
Ali Mwanzei Mweu,
Stephen Wambua Kitung’a,
Aden Bille Barre,
Oceanic Nerea Sakwa,
Wangare Kirumba,

to be public prosecutors for the purposes of Environmental Management and Co-ordination Act, (No. 8 of 1999).

Dated the 16th March, 2009.

S.A. WAKO,
Attorney-General.

GAZETTE NOTICE NO. 2666
THE CHILDREN ACT (No. 8 of 2001)
APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chief Justice appoints-
BILDAD OCHIENG
Principal Magistrate at Makindu, to preside over cases involving children in respect of Eastern Province, with effect from 1st April, 2009.

Dated the 6th March, 2009.

J. E. GICHERU,
Chief Justice.


GAZETTE NOTICE NO. 2667
THE PUBLIC AUDIT ACT (No. 12 of 2003)
APPOINTMENT

IN EXERCISE of the powers conferred by section 50 (2) of the Public Audit Act, 2003, the Kenya National Audit Commission appoints-
WINSTON J.O. OREGE
to be the Secretary of the Commission. The appointment of Antony S.M. Gatumbu*, is revoked.

Dated the 26th March, 2009.

A.S.M. GATUMBU,
Chairman,
Kenya National Audit Commission.

*G.N. 9775/2006.

GAZETTE NOTICE NO. 2671
THE TRUTH, JUSTICE AND RECONCILIATION ACT (No. 6 of 2008)
THE SELECTION PANEL INVITATION FOR APPLICATIONS FOR NOMINATION AS COMMISSIONERS TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION

PURSUANT to section 10 of the Truth, Justice and Reconciliation Act and the First Schedule thereof applications are invited from suitably qualified candidates, organizations or group of persons proposing the nomination of any person who is a citizen of Kenya for nomination as Commissioners under section 3 (1) of the aforesaid Act. The functions and powers of the Commission are provided for under Part III of the same Act.

To qualify for nomination as a Commissioner, a person is required to have-

  1. Knowledge of and at least fifteen years’ experience in matters relating to human rights law;
  2. Knowledge of and experience in forensic audit, investigations, psycho-sociology, anthropology and social relations, conflict management, religion or gender issues.

In addition to the foregoing, a person so qualified shall be required to prove that he/she-

  1. Is of good character and integrity;
  2. Has not in any way been involved, implicated, linked or associated with human rights violations of any kind or in any matter which is to be investigated under the Truth, Justice and Reconciliation Act; and
  3. Shall be impartial in the performance of the functions of the Commission and enjoy the confidence of the people of Kenya.

The application should be received on or before 14th April, 2009 and should be accompanied by relevant testimonials. The applications should clearly state on the envelope and in the application letter the following “Application as Commissioner to the Truth, Justice and Reconciliation Commission” and be forwarded to: The Secretary, Selection Panel for the Truth, Justice and Reconciliation Commission c/o Kenya National Commission on Human Rights, CVS Plaza, First Floor, Kasuku Road, off Lenana Road, P.O. Box 74359-00200, Nairobi.

Any canvassing by a candidate or association or group of persons shall lead to automatic disqualification. Only shortlisted candidates will be contacted.

Dated the 19th March, 2009.

EVANS MONARI,
Secretary, Selection Panel for the
Truth, Justice and Reconciliation Commission.


GAZETTE NOTICE NO. 2884
THE COURT OF APPEAL
EASTER VACATION, 2009

THE Easter Vacation shall commence on 2nd April, 2009, and terminate on 21st April, 2009.

During the vacation, the registry of the court will be open to the public from 9.00 a.m. to 12.00 noon on all weekdays except public holidays. A judge will be in attendance for the disposal of any urgent business.

Dated the 13th March, 2009.

T.S. LUVUGA,
DEPUTY REGISTRAR.

GAZETTE NOTICE NO. 2885
THE RECORDS DISPOSAL (COURTS) RULES (Cap. 14, Sub. Leg.)
IN THE CHIEF MAGISTRATE’S COURT AT KIBERA
INTENDED DESTRUCTION OF COURT RECORDS

IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months after the date of publication of this notice, the Chief Magistrate’s Court at Kibera, intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Chief Magistrate’s Court at Kibera’s as set out below:

Criminal cases2003-2005
Traffic cases2003-2005
Miscellaneous cases2003-2005
Inquest cases2003-2005

A comprehensive list of all condemned records that qualify to be disposed under the Act can be obtained and perused at the Chief Magistrate’s Court Registry, Kibera.

Any person desiring the return of any exhibit in any of the above cases must make his/her claim within the time stipulated in this publication should do so before the expiry of the notice.

All exhibits to which no claim is substantiated before the destruction of the records shall under section 4 be deemed to be part of the records for the purposes of destruction.

Dated the 24th February, 2005.

MAUREEN ODERO,
Chief Magistrate, Kibera


GAZETTE NOTICE NO. 2617
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED CONSTRUCTION  OF MOMBASA INLAND CONTAINER TERMINAL ON PLOT NO. XIII/138, MAKUPA, MOMBASA
INVITATION OF PUBLIC COMMENTS

PURSUANT  to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed construction of Mombasa inland container terminal.

The proposed project will involve the construction of a container terminal. The proponent will remove the existing structures and play fields and construct office blocks and pave the ground for the container handling facility. The project is located in Mombasa Island, Makupa, Plot No. Mombasa Block XIII/138.

The project anticipates the impacts and mitigation measures further set out in the notice.

The full report of the proposed project is available for inspection during working hours at:

  1. Director-General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.o Box 67839-00200, Nairobi.
  2. Permanent Secretary, Ministry of Environment and Natural Resources, N.H.I.F. Community, P.O. Box 30521, Nairobi.
  3. Provincial Director of Environment, Mombasa Province.
  4. District Environment Office, Mombasa District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

DAVID ONGARE,
for Director General,
National Environment Management Authority.


GAZETTE NOTICE NO. 2886
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED COMMERCIAL BUILDING
INVITATION OF PUBLIC COMMENTS

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority (NEMA) has received an environmental impact assessment study report for the implementation of the proposed commercial building.

The proposed project will involve the construction of a commercial building consisting of offices for rental purposes. The proposed facility shall have basement, parking, ground, (podium) 1st to 15th floors and attic.

The facility will be situated on plot No. L.R. No. 1870/1/570, along Mpaka Road, off Parklands Road, Westlands Area.

The project anticipates the impacts and mitigation measures further set out in the notice.

The full report of the proposed project is available for inspection during working hours at:

  1. Director-General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.o Box 67839-00200, Nairobi.
  2. Permanent Secretary, Ministry of Environment and Natural Resources, N.H.I F. Community, P.O. Box 30521, Nairobi.
  3. Provincial Director of Environment, Nairobi Province.
  4. District Environment Office, Nairobi West District.

The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project.

DAVID ONGARE,
For Director-General,
National Environment Management Authority.

back to top
© Copyright 2009 Kenya Law Reports