November 2009 (LNs 163-172)

172-National Hospital Insurance Fund - Declaration of Hospitals, 2009

172-National Hospital Insurance Fund - Declaration of Hospitals, 2009

27th November, 2009

LEGAL NOTICE NO. 172

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

DECLARATION OF HOSPITALS

IN EXERCISE of the powers conferred by section 30 (1) of the National Hospital Insurance Fund Act, 1998, the National Hospital Insurance Fund Board of Management, in consultation with the Minister for Medical Services and the Chairman of the Medical Practitioners and Dentist Board declares the following hospitals to be hospitals for purposes of the Act.

Declared Hospitals:

Meridian Clinic, Yaya Centre Branch, P.O. Box 50443–00200, Nairobi.
Meridian Clinic, Nation Centre Branch, Nairobi.
Meridian Medical Centre, Donholm Clinic, Nairobi.
Meridian Medical Centre, The Mall, Westlands Branch, Nairobi.
Thika Road Health Centre, Nairobi.
Thika Road Health Services, (Buru Buru Health Centre), Nairobi.
Clinix Healthcare Limited, Haile Selassie Branch, P.O. Box 40195–00100, Nairobi.
Clinix Healthcare Limited, Daystar University, Ngong Road, Nairobi.
Clinix Healthcare Limited, Embakasi Branch, Nairobi.
Clinix Health Care Limited, Valley Road, Nairobi.
Mathare Health Centre, Nairobi.
Dandora Health Centre, Nairobi.
Makadara Health Centre, Nairobi.
ACK Namasoli Mission Health Centre, Mumias.

Dated the 2nd November, 2009.

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

F. M. NGULLI,
Chairman,
National Hospital Insurance Fund.

171-Registered Land (Applicatin)(No 14) Order, 2009

171-Registered Land (Applicatin)(No 14) Order, 2009

27th November, 2009

LEGAL NOTICE NO. 171

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order:—

THE REGISTERED LAND (APPLICATION) (NO. 14) ORDER, 2009

1. This Order may be cited as the Registered Land (Application) (No. 14) Order, 2009.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Reference No.

Area in acres

Situation

4838

211

Trans Nzoi

 Made on the 2nd October, 2009.

JAMES ORENGO,

Minister for Lands

170-Legal Education (Accreditation of Legal Education Institutions) Regulations, 2009

170-Legal Education (Accreditation of Legal Education Institutions) Regulations, 2009

27th NOVEMBER, 2009

LEGAL NOTICE NO. 170

THE COUNCIL OF LEGAL EDUCATION ACT, 1995
(No. 12 of 1995)

IN EXERCISE of the powers conferred by section 14 of the Council of Legal Education Act, 1995, the Council, with the approval of the Minister for Justice, National Cohesion and Constitutional Affairs, makes the following Regulations: –

THE COUNCIL OF LEGAL EDUCATION (ACCREDITATION OF LEGAL EDUCATION INSTITUTIONS) REGULATIONS, 2009

PART I ― PRELIMINARY

Citation.    
1. These Regulations may be cited as the Council of Legal Education (Accreditation of Legal Education Institutions) Regulations, 2009.

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

“accreditation” means the confirmation, evidenced by an evaluation of the institution under regulation 6, that an institution  has met the training standards prescribed by the Council;

“legal education” means any education or training programme  offered by an institution whose object is to impart knowledge or skills in the area of law, or such other educational or institutional training that the Council may declare to be legal education or training;

“legal education institution” means any institution or place of learning however established whose object is to provide legal education or training;

“Secretary” means the Secretary to the Council of Legal Education.

Application and transition.
3. (1) These Regulations shall apply to any institution that is authorized under the Act or any other written law to operate an educational institution in Kenya and intends to offer or at the commencement of these Regulations is offering legal education.

(2)  Any institution that is offering legal education or training shall, within six months after the commencement of these Regulations, apply to the Council for accreditation.

(3)  The Council may by a notice in the Gazette stop the legal  education or training programme of a training institution that has not complied with this regulation.

(4)  Any person who contravenes the provisions of paragraph (2) commits an offence and shall be liable to a fine of six thousand shillings or imprisonment for a term of six months or both.

PART II ― ACCREDITATION PROCESS

Application procedure.
4. (1) Any institution that, at the commencement of these Regulations, wishes to be accredited under these Regulations shall apply to the Council for accreditation.

(2) An application under paragraph (1), shall be made in Form CLE No.1 set out in the First Schedule to these Regulations and the applicant shall pay the fees set out in the Fourth Schedule.

(3) An application for accreditation under paragraph (2), shall be accompanied by proof of payment of the prescribed fees, the proposed legal education programme, the course that the institution intends to offer or is offering and course curriculum.

(4)  The Council shall within one month of the receipt of the application for accreditation acknowledge receipt, consider the application and communicate the outcome of the application to the applicant.

(5) Where an application for accreditation to the Council is in respect of an existing programme, the Council may grant provisional accreditation under regulation 8, for a period not exceeding one year pending the evaluation of the programme and inspection of the institution.

Evaluation of programme.   
5. (1) The Council shall, within sixty days from the date of acknowledgement of an application, evaluate the programme submitted and make recommendations.

(2) The Council may engage the services of an independent evaluator to undertake any aspect of the evaluation process on it’s behalf.

(3) The Council may evaluate a programme of an institution undergoing another accreditation process under any other written law, for the purposes of assisting in the said accreditation process:

Provided that such evaluation shall not constitute a waiver of the Council’s mandate under these Regulations.

(4)  A member of the Council, who is a dean of a faculty, a regular member of staff of a faculty or is in any way connected to or interested in the affairs of an institution that is the subject of the accreditation, shall not participate in the evaluation of that institution’s programme or inspection of it’s facilities.
 
Rejection and re-evaluation of an application.     
6. (1) Where the information provided by an applicant is not sufficient or the applicant has not complied with the requirements set out in the Third Schedule, the Council may reject the application or request for more information.

(2) An applicant whose application has been rejected under paragraph (1), may within three months of such rejection re-submit the application providing the required information for re-evaluation by the Council.

(3)  Where the rejected application is not re-submitted within six months, the application shall lapse.

Inspection.
7. The Council shall inspect the physical and other infrastructural facilities of an institution offering or intending to offer legal education or training to verify it’s suitability for the training of the programme applied for.
 
Certificate of accreditation.
8. (1) The Council shall, under it’s seal, award a certificate of accreditation to an institution that has complied with the provisions of these Regulations.

(2) The certificate of accreditation under paragraph (1) shall be in Form CLE No.2 set out in the First Schedule to these Regulations.

(3)  The Council may issue a provisional accreditation certificate for a period not exceeding one year to an existing institution that has complied with the provisions of regulation 4.

(4) Subject to regulation 12 or any other written law, an institution which has been issued with a certificate of accreditation by the Council under paragraph (1), may advertise the approved course programme, admit students and commence the approved training or legal education programme.

(5) The certificate of accreditation issued under paragraph (1), shall, unless revoked under regulation 10, be valid for a period of five years.

Publication.
9. (1) The Council shall within one month of issuing a certificate of accreditation to an institution publish the Notice of the grant in the Gazette.

(2) The Council shall from time to time and in any case not more than a period of three consecutive years, publish the particulars of the institutions that have been granted a Certificate of Accreditation in the Gazette.

(3)  The Council shall maintain and regularly update particulars of the accredited institutions on its register and official website.

Revocation of accreditation.
10. (1) Where the Council determines that a legal education institution issued with a certificate of accreditation has failed to maintain or comply with the standards set out in these Regulations, it shall issue a notice of revocation of accreditation to that  institution requiring it to show cause why the certificate of accreditation should not be revoked.

(2) An institution issued with a notice under paragraph (1), shall within three months provide the Council with necessary information regarding the issues raised in the notice of revocation.

(3) Where the information provided under paragraph (2) is reviewed and found to be inadequate in responding to the issues raised in the notice of revocation, the Council shall revoke the certificate of accreditation issued to the institution.

(4) Where the Council revokes a certificate of accreditation of an institution, it shall publish that revocation in the Gazette.

(5) The Council may rescind the notice of revocation if it is satisfied that the institution has put in place necessary measures to comply with these Regulations.

(6) The institution shall meet the Council’s reasonable administrative cost and other expenses incurred in the enforcement of this regulation.

Operation  standards.
11. The standards governing the operation of legal education institutions accredited by the Council shall be as set out in the Third Schedule to these Regulations.      

Maintenance of standards.
12. A legal education institution shall –

(a) maintain the standards set out in the Third Schedule;

(b) comply with lawful instructions issued by the Council or any other  authority empowered to do so under the Act; and

(c) ensure that the legal education programme which is the subject of accreditation is not  reviewed or altered in any way without the approval of the Council.

Institutional reports.      
13. (1) A legal education institution which has been granted a certificate of accreditation under these Regulations shall, prepare and submit to the Council –

(a)  an annual report of its activities in each year of operation;

(b) an annual report of the resources set aside for the legal training and the maintenance  of the legal library services; and

(c) a detailed report after every five years for a  degree level and after every  four years  for other training programmes, indicating the progress made in the maintenance of standards and institution’s objects with regard to the legal education.

(2) The Council shall evaluate the reports received under paragraph (1) and make recommendations for the purpose of improving the training standards of the institution or the legal education programmes of the institution.

Renewal of accreditation.                      
14. (1) An institution shall make an application for renewal of accreditation to the Council, in Form CLE No.1 set out in the First Schedule.

(2) Where the Council is satisfied on the basis of the information supplied in the reports that a legal education institution has maintained standards set out in these Regulations, it shall renew the certificate of accreditation of that legal education institution for a further period of five years.

Re-inspections.
15. (1) The Council may on its own initiative, on request of the institution or the public, conduct an impromptu visit to a legal education institution accredited under these Regulations.

(2) Where an impromptu visit is carried out by the Council, it shall prepare a report of its findings and submit them to the institution with its comments and recommendations.

(3) Where the Council is determines that an institution is not maintaining the standards set out under these Regulations, it shall revoke the certificate of accreditation.

Discontinuation.
16. (1) The Council may order an  education institution to discontinue providing legal education or training –

(a) the legal education institution has  requested to discontinue offering the accredited programme;

(b) the Council discovers that the legal education institution is no longer interested in offering legal education;

(c) the legal education institution has been served with a revocation order under regulation 11; or

(d) the legal education institution is not accredited by the Council.

(2) The Council shall, under it’s seal, issue an order of discontinuation to a legal education institution in Form CLE No.3 set out in the First Schedule.

(3) The Council shall publish in the Gazette the order of discontinuation issued under paragraph (2), and may also publish the order of discontinuation in the local media.

Discontinuation plan.
17. (1)  Where the Council has issued an order of discontinuation to a legal education institution, the  institution shall within two months submit for the Council’s approval, a discontinuation plan which shall among other things state unequivocally the date on which the institution shall be stopped.

(2)  Without prejudice to the generality of paragraph (1), a closure plan shall ensure that, the discontinuation of a legal education programme shall become effective at the end of the academic year in which the order of discontinuation is issued.

(3)  Once a discontinuation plan has been approved by the Council, the institution shall –

(a)  not admit new students to any of its legal programmes; and

(b) assist its students to transfer to other accredited institutions to complete their legal education programmes.

(4)  A legal institution shall, until it discontinues a programme –

(a) continue to follow the course programmes approved by the Council or in the mode existing before the order of discontinuation;

(b)  maintain the library and other physical facilities required under these Regulations; and

(c)  maintain adequate faculty staff qualified to manage the course programme.

(5)  A legal institution shall not enter into a teach-out agreement with an institution that is not accredited under these Regulations.

PART III ― LEGAL EDUCATION TRAINING

Recognition, equation of foreign qualifications and equivalence.
18. A student shall not be eligible for admission to a legal education training programme under these Regulations, unless that student has attained the required minimum qualifications set out in the Second Schedule.

19. The Council may recognize academic awards, in legal education, of foreign institutions that are recognized by the Commission for Higher Education or any other authority with the mandate under any written law to recognize foreign qualifications.

(2) Notwithstanding the generality of paragraph (1), the Council shall equate every qualification from a foreign institution against its standards and make such recommendations as it may consider necessary.

PART IV ―APPEALS AND AD HOC COMMITTEE
     
Grounds for appeal.
20. (1) Any person aggrieved by a decision of the Council may appeal in writing to the Minister through the Secretary within thirty days from the date of the Council’s decision.

(2) The applicant shall set out the grievance or issues to be determined by the Committee.

(3)  The Committee shall determine the Appeal within three months from the date of its appointment. 

Establishment of ad hoc committee.
21. (1) The Minister may, upon receipt of an appeal, establish an Ad Hoc Committee which shall consist of the following members appointed by the Minister –

(a)  the Chairman, who shall be a  person who is or is eligible to be appointed a Judge of the High Court of Kenya;

(b)  one person who is or is eligible to be appointed as Senior Counsel;

(c)  one person representing the Ministry for the time being responsible for legal education;

(d)  one person from the private sector who is not a legal practitioner; and

(e)  a Secretary, who shall be an ex-officio member.

(2) The Committee shall hear and determine appeals made by any person aggrieved by the decision of the Council on accreditation of legal education institution.     

(3)  The persons appointed under paragraph (1), shall hold office for the duration of the committee as shall be specified in the instrument of appointment.

(4)  The Committee shall make its own rules of procedure.

PART V ― MISCELLANEOUS PROVISION

Establishment of committees.
22. (1) The Council may establish such committees as it considers necessary for undertaking any of its functions under these Regulations.

(2)  Notwithstanding the generality of paragraph (1), the Council shall establish committees to –

(a)  inspect  institutions; and

(b)  determine the persons eligible for admission to the Bar.

Fees and charges.
23. (1) The fees specified in the Fourth Schedule shall be paid in respect of the matters specified in the corresponding entry.

(2)  Fees once paid shall not be refunded.
   
Offences and penalties.
24. Any person who contravenes any of the provisions of these Regulations commits an offence and shall be liable to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months or both.

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169-Council of Legal Education (Kenya School of Law) Regulations, 2009

169-Council of Legal Education (Kenya School of Law) Regulations, 2009

20th November, 2009

Legal Notice No. No. 169

THE COUNCIL OF LEGAL EDUCATION ACT
(No. 12 of 1995)

IN EXERCISE of the powers conferred by section 14 of the Council of Legal Education Act, 1995, the Council, with the approval of the Minister for Justice, National Cohesion and Constitutional Affairs, makes the following Regulations:―

THE COUNCIL OF LEGAL EDUCATION (KENYA SCHOOL OF LAW) REGULATIONS, 2009

PART I―PRELIMINARY

1. Citation. 
These Regulations may be cited as the Council of Legal Education (Kenya School of Law) Regulations, 2009.

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

“Director” means the Director of the Kenya School of Law;

“School” means the Kenya School of Law;

“student” means a person registered at the Kenya School of Law to undertake a course of study.

3. Application.
These Regulations shall apply to any person who wishes to be admitted to or is a student of the School at the time of the commencement of these Regulations.

PART II―ADMISSION REQUIREMENTS AND REGISTRATION OF STUDENTS

4. Compliance with admission requirements.
A person shall not qualify for admission to a course of study at the School, unless that person has met the admission requirements, set out in the First Schedule to these Regulations for that course. 

5. Application for admission.
(1) Any person who wishes to be admitted to any course of study at the School, shall make an application to the School in Form KSL No. 1 set out in the Third Schedule and pay the fees set out in the Fourth Schedule to these Regulations.

(2) The application under paragraph (1) shall be accompanied by–

(a) academic transcripts for the relevant qualifying examinations;

(b)  academic certificate or any other academic award;

(c)  a copy of the National identification card;

(d)  two passport photographs,
of the applicant and any other document the School may from time to time require.

(3) The School shall consider an application submitted under paragraph (2) and if it is satisfied that the applicant meets the admission requirements, admit the applicant to the School. 

6. Registration of students. 
(1) The School shall, upon payment of the prescribed fees, register a successful applicant and issue him with a student identification number and card. 

(2) The student shall in all matters pertaining to the business of the School use the student identification number and card issued under paragraph (1).

(3) The student identification card shall remain the property of the School and shall be surrendered to the School upon completion of the course of study.

(4) The School may, upon a formal request, allow a person who cannot take up an offer for admission to defer registration for twelve months after which the offer for admission shall lapse.

PART III―ACADEMIC PROGRAMMES, EXAMINATIONS AND CONFERMENT OF ACADEMIC AWARDS

7. Course programme and units. Cap. 16
(1) The Director shall, in consultation with the Council, determine and publish in the Gazette –

(a)  the academic programmes and course units; and 

(b) the academic calendar, including the duration of each course of study.

(2) A student shall submit to the authority of the Director and attend the course registered for diligently to the satisfaction of the Director and the Council.

(3) The Director shall cause records of attendance to be kept in respect of each course and the record shall be conclusive evidence of attendance at the School.

(4) A student shall not be eligible to sit for any examination in any course of study unless that student has—

(a) attended at least two thirds of the lectures offered in that course;

(b) participated in the moot court clinics and any other practical outputs; and 

(c) undertaken course work and assignments.

(5)  Where special circumstances exist, the Council may subject to the requirements of the Advocates Act, waive or modify the provisions of this Part.

8. Board of Examiners.
(1) There is hereby established a Board to be known as the Board of Examiners which shall consist of the following members –

(a)  the Director who shall be the Chairperson;

(b)  the Deputy Director who shall be the vice- chairperson;

(c)  the Assistant Directors;

(d)  all academic members of staff;

(e)  the Librarian;

(f) the Academic Manager, who shall be the secretary;

(g)  the Administration Manager; and 

(h)  the Finance Manager. 

(2) Where both the Director and the Deputy Director are not present in a meeting, the members of the Board who are present shall elect one of the Assistant Directors to chair that meeting.

(3) The Board of Examiners shall, in consultation with the Council—

(a)  determine the examination calendar of the School;

(b) appoint internal examiners, external moderators and external quality assurers;

(c)  supervise the setting and moderation of examinations;

(d)  organize, administer and invigilate the examinations;

(e)  organize the marking of examinations;

(f)   make academic awards; and

(g)  undertake any other responsibility relating to examinations as may be assigned by the Council.

9. School examinations.
(1) The mode of assessment in a course of study may consist of written examination, oral examination, course work, assignment, practical simulation and other academic activities set out in the First Schedule. 

(2)  The Council shall determine in each course of study and course curriculum the proportion of marks allocated for each mode of assessment.  

(3) The Director shall in consultation with the Council determine the structure and duration of each examination. 

(4) A student who intends to sit for any examination shall apply to the Director two weeks before the commencement of the examination period and pay the prescribed fees or charges that apply to that examination.

(5) Unless stated in the specific programme of study, a candidate shall be allowed a maximum of five examination sittings in each course of study, which shall be undertaken within a maximum period of three years.

(6)  The Director shall discontinue from the School a student who fails to sit for examinations within a period of three years from the date of registration.

10. Examination procedure.
(1) The Director shall, in consultation with the Board of Examiners, determine and publish in the Gazette the date and venue of the examinations. 

(2)  The Director shall—

(a)  prepare and publish on School notice boards a list of names  of persons who are eligible to sit for an examination; and 

(b)  issue the students who are eligible to sit for examination with examination cards and index numbers.

(3) The index number issued under paragraph (2) (b), shall be the sole identifying mark during examinations.

(4) A student shall avail himself to the examination process in good time and be of good behaviour throughout the examination period.

(5) A student who has a reasonable cause not to sit for an examination at the appointed date or venue may apply to the Director to defer the sitting of the examination to such other date or venue as the Director shall appoint.

(6) The Director shall convene a meeting of the Board of Examiners as soon as it is practical, after the completion of the examination process, to adjudicate the results of the examination.

(7) The decision of the Board of Examiners shall constitute provisional results of the examination which results shall be conveyed to the Council for approval.

(8) The Director may, subject to the approval of the Council, release provisional results. 

11. Remarking of examination scripts.
(1) A student who is dissatisfied with the grade awarded in any given examination paper may, within thirty days of the mark being approved by the Council, appeal in writing to the Director for a remark of the examination script. 

(2) The student shall pay the remarking fee set out in the Fourth Schedule.

(3) The Director shall cause the examination script to be remarked and the new mark shall, where appropriate, be entered into the records of the student. 

(4) The mark or grade awarded under paragraph (3) shall be final in determining whether a candidate has passed or failed the course of study.

12. Examination irregularities. 
(1) A student who commits an examination irregularity shall be liable to disciplinary action and the Board of Examiners shall nullify the mark attained in that course.

(2) Examination irregularities shall, among others include–

(a)  cheating and plagiarism;

(b)  passing or receiving verbal, written or sign communication during an examination;

(c)  use of any form of technology to transfer information relating to the examination to or from other candidates during the examination;

(d) possession of any unauthorized material relating to the examination in the examination room;

(e) copying from or allowing another student to copy one’s examination answer sheets; or

(f)  allowing another person to sit an examination on behalf the candidate and vice versa.

13. Academic awards. 
(1) Subject to any written law, the Council may award a certificate, diploma or post-graduate diploma or any other award as the Council may determine.

(2) The Council may make an academic award to a student who has successfully undertaken a course of study at the School.

(3) Subject to paragraph (2), a student shall not qualify for an award under these Regulations unless that student has attained the required pass mark in the course of study.

(4) The School may withdraw and recall an academic award if it is satisfied that the student did not comply with these Regulations or the award was obtained through fraud.
        
14. Qualification under the Advocates Act. Cap. 16. 
A person shall not be duly qualified for an award under section 13(1) (b) of the Advocates Act unless that person—

(a) has completed the Graduate Diploma (Advocate Training Programme) course at the School; and

(b) has complied with the requirements of the Council.

PART IV ― STUDENT CONDUCT AND DISCIPLINE

15. Attendance at the School. 
(1) All students shall, with regard to the attendance of lectures, academic activities and discipline, submit to the authority of the Director or his appointee.

(2) A student who wishes to suspend his study programme for a reasonable cause may apply to the Director for deferment of the course. 

(3) The Director may allow the deferment of a course for a maximum period of twelve months after which the student will be required to apply afresh for admission to the School.

(4) The Director may discontinue a student who habitually fails to attend lectures, course work and assignments. 

16. (1) The Director shall enforce discipline in the School. 

(2) All students shall submit to the authority of the Director, conduct themselves with integrity and decorum, and adhere to the School’s Disciplinary Code. 

(3) A student who contravenes the provisions of this regulation may be subject to the School’s disciplinary process.

(4) The Director shall suspend any student from attending the School where, in his opinion, there are reasonable grounds to believe that the student may disrupt the normal operations of the School.
 
(5) A student shall refrain from engaging in activities which constitute misconduct set out in Second Schedule. 

17. Disciplinary Committee and procedure.
(1) The Director shall appoint a Disciplinary Committee which shall consist of the following members—

(a) the Assistant Director of the Post Graduate Diploma (Advocates Training  Programme), who shall be the chairman;

(b) the Assistant Director of Continuing Professional     Development, Research and Projects;

(c)  senior member of the academic staff;

(d)  the Human Recourses and Administration  Manager;

(e)  a student representative; and

(f)   the Academic Manager, who shall be Secretary.

(2) Where the Chairman of the Disciplinary Committee is not present, the Committee shall elect an interim Chairman from the present members.

(3)  Upon receipt of a complaint about a student’s breach of the Disciplinary Code, the Academic Manager shall issue a notice in writing to the student requiring him to show cause why disciplinary action should not be taken against him.

(4) Where a student is able to show good cause, the matter is otherwise resolved or adjudicated upon administratively, the Chairman shall inform the student of the outcome and the matter shall be considered settled.

(5) Where a student is not able to show good cause and the matter is of such a serious nature that a mere warning to take corrective action is not sufficient disciplinary action, the Chairman of the Disciplinary Committee shall as soon as it is practicable convene a disciplinary hearing to adjudicate the matter.

(6) The Disciplinary Committee shall make its rules of procedure. 

(7) The Disciplinary Committee shall give a student an opportunity to present his case in person.

(8) The Disciplinary Committee may impose such disciplinary sanctions including suspension and expulsion from the School as it considers fit in the given circumstances.

(9) A student who is aggrieved by the decision of the Disciplinary Committee may appeal to the Council.

PART V ―MISCELLANEOUS

18. Fees and charges.
(1) The Council may prescribe fees and charges payable for each training programme and any other services that may be rendered as it shall consider necessary from time to time.

(2) The fees and charges payable for each training programme and services rendered shall be as set out in the Fourth Schedule.
    
19. Transitional arrangements.
A student who registered for and took at least one examination of the Academic Programme (1995 programme) before the commencement of the Post Graduate Diploma (Advocates Training Programme) shall be allowed five maximum sittings authorized per course of study by Council under these Regulations.

20. Repeal. L.N.400 of 2007.
The Council of Legal Education (Admissions) Regulations, 2007, are hereby repealed.

FIRST SCHEDULE

(r. 4)

PROGRAMME, CURRICULUM AND EXAMINATIONS

PART A―POST GRADUATE DIPLOMA (ADVOCATES TRAINING PROGRAMME)

I―GENERAL PROVISIONS

1. General objectives.
The general objective of the Post Graduate Diploma (Advocate Training Programme) shall be to train persons to serve in all fields of law and to instill in the persons offering legal services professional preparedness and ethical commitment. 

2. Training methodologies. 
The overall training methodologies and techniques shall include—

(a)  interactive lectures;

(b) seminars and tutorials;

(c) simulations;

(d)  moot courts;

(e)   role plays;

(f)  visits/study tours;

(g) exchange programmes; 

(h) pupilage and attachment programmes; 

(i) clinical work.      
    
3.  Assessment in the programme. 
The overall methods of assessment shall include—

(a) written examination  - 60% (unless otherwise provided all written examinations shall constitute a 3 hour paper);

(b)  oral Examinations – 20%;

(c)  project work – 20%;

(d)  unless stated in the particular course of study the pass mark in   this programme shall be 50%.

4. Monitoring and evaluation of programmes.
In evaluating a programme the School shall use the following methods—

(a) centralized programme;

(b) peer evaluation or review ;

(c) student course lecturer evaluation.

(2) The key performance indicators shall be internal, external and correspond with bell-curve assessment.

II―ADMISSIONS REQUIREMENTS INTO THE ADVOCATES TRAINING PROGRAMME

5. Admission requirements.
A person shall not be eligible for admission for the Post Graduate Diploma (Advocate Training Programme) unless that person has –

(a)    passed the relevant examination of any recognized university in Kenya, he holds or has become eligible for the conferment of the Bachelor of Laws Degree (LL.B) of that university; 

(b)   passed the relevant examinations of a university, university college or other institutions prescribed by the Council, he holds or has become eligible for the conferment of the Bachelor of Laws Degree (LL.B) in the grant of that university, university college or other institution,  had prior to enrolling a that university, university college or other institution –

(i) attained a minimum entry requirements for admission to a university in Kenya; and

(ii) a minimum grade B (plain) in English Language and a mean grade of C (plus) in the Kenya Certificate of Secondary Examination or its equivalent;

(c)  a Bachelor of Laws Degree (LL.B) from a recognized university and attained a minimum grade of C+ (C plus) in English and a minimum  aggregate grade of C (plain) in the Kenya Certificate of Secondary Examination, holds a higher qualification e.g. “A” levels, “IB”, relevant “Diploma”, other “undergraduate degree” or has attained a higher degree in Law after the undergraduate studies in the  Bachelor of Laws Programme; or

(d) a Bachelor of Laws Degree (LL.B) from recognized university and attained a minimum grade of  C-  (C minus) in English and a minimum of an aggregate grade of C- (C minus) in the Kenya Certificate of Secondary Examination sits and passes the Pre-Bar Examination set by the Council of Legal Education as a pre-condition for admission.

6.  Programme units. 
The Post Graduate Diploma (Advocates Training Programme) shall consist of the following course units—

(a)  civil litigation;

(b)  criminal litigation;

(c)  probate and administration;

(d)  legal writing and drafting;

(e)  trial advocacy (including clinical programme);

(f)  professional ethics;

(g)  legal practice management;

(h)  conveyancing;

(g)  commercial transactions;

(i)   pupilage (six months attachment).

7. Duration of programme.

(1) The programme shall last for a period of eighteen months, which shall be broken down as follows –

(a) the training component to last for twelve months;

(b) pupillage period to last for six months.  

(2) No student shall be exempted from the training component of the programme.

8.  Examinations. Cap. 16 
(1) A student shall sit and pass examination papers in all unit courses including pupillage to qualify for the award of the Certificate of Compliance under section 15 of the Advocates Act.  

(2)  A student shall be awarded a Post Graduate Diploma in Law under the Advocates Training Programme.

9.  Certificate of compliance. 
A student who has complied with all the requirements of the Post Graduate Diploma (Advocates Training Programme) shall be eligible to apply for admission as an Advocate of the High Court of Kenya.

III ―PRE-BAR EXAMINATIONS

10. Examination objectives and units.
(1) A pre-bar examination shall be administered to students who hold a Bachelor of Laws Degree (LL.B) from a recognized University but do not qualify for direct admission under these Regulations.

(2)  The pre-bar examination shall test the mastery of legal techniques, legal writing and substantive legal principles at the degree subject level and proficiency in English.

(3)  The pre-bar examination shall consist of three hour examination in each of the following courses –

(i) legal methods, systems and constitutional law;

(ii) the law of contract;

(iii) the law of torts;

(iv) land law;

(v) family law and succession;

(vi) commercial law which shall include aspects of business associations.

11. Admission. 
A student shall sit and pass examination papers in all courses undertaken to qualify for admission to the Advocates Training Programme.

PART B ― DIPLOMA IN LAW TRAINING (PARA-LEGAL) PROGRAMME

12. General objectives.
The objective of the Diploma Law Training (Para-Legal) Programme is to train persons to serve in all fields of law and instill in persons offering legal services professional preparedness and ethical commitment at the para-legal level. 

13. Training methodologies. 
The overall training methodologies and techniques of the programme shall include-

(a)   interactive lectures;

(b)  tutorials (where applicable);

(c)  simulations;

(d)  moot courts (limited).

14. Assessment in the programme.
The overall methods of assessment shall include –

(a) written examination  - 70% (unless otherwise provided, all written  examinations shall constitute a 3 hour papers)

(b)  assignments and tests  - 30%

(c) unless stated in the particular course of study the pass mark in this programme shall be 50%.

15. Admission requirements.
A student seeking admission to the Diploma Law Training (Para-Legal) Programme shall –

(a)   have a Mean grade of C (C Plain) in the Kenya Certificate of Secondary Education or equivalent examination and a minimum grade C+ (C Plus) in English;

(b)   at least one principal pass at the Kenya Advanced Certificate of Education (KACE) examinations; or

(c)   a distinction or credit  pass in the Certificate in Law course conducted at the Kenya School of Law (2000-2003) or any other Certificate or Diploma in a relevant field.                 

16. Programme units.
The Diploma Law Training (Para-Legal) Programme shall consist of the following units –

(a)   general principles of constitutional law and legal systems;

(b)  contract law ;

(c)  law of tort ;

(d)  criminal law ;

(e)  book-keeping and accounting; 

(f)  office practice and management ;

(g)  commercial law; 

(h)  family law; 

(i)   law of succession ;

(j)   law of property in land;

(k)  civil procedure; 

(l)   criminal procedure; 

(m) company law;

(n)  conveyancing;

(o)  law of other business associations.

17. Programme duration and content.
The duration of the Diploma Law Training (Para-Legal) Programme shall be of two academic years divided into semesters.

18. Examinations and award of diploma.
(1) A student shall not be eligible for an award of a Diploma Law Training (Para-Legal) Programme unless that student has taken and passed all the prescribed courses.

(2) An award of the Diploma Law Training (Para-Legal) Programme shall be in the following categories –

(a)  distinction – 70% and above;

(b)  credit – 60% - 69%;

(c)   pass – 50% - 59%.

(3) A person shall not be awarded an academic award under these Regulations unless that person has the overall mark of 50%.

PART C― CONTINUING PROFESSIONAL DEVELOPMENT AND SHORT COURSES PROGRAMME
        
19. Objectives.
The objectives of the Continuing Professional Development and Short Course Programme  is  to train persons to serve in all fields of law and to instill in persons offering legal services, professional preparedness and ethical commitment. 

20. Training methodologies. 
(1) The overall training methodologies and techniques of the Continuing Professional Development and Short Course Programme shall include –

(a)    interactive lectures;

(b)   seminars and tutorials;

(c)   audio visuals;

(d)   visits or study tours. 

(2)  The learning methodology of the Continuing Professional Development and Short Course Programme shall include –

(a) interactive lectures;

(b) briefing;

(c) plenary discussions;

(d) group discussions;

(e) dramatic skits;

(f) role play and simulations, including moot courts;

(g) demonstration;

(h) exercises;

(i) debates and roundtables;

(j) visits to designated places of relevance and interest.

21. Admission requirement.
(1) Any person who has undertaken any legal training, possess relevant professional qualifications may be admitted for Continuing Professional Development and Short Courses Programme. 

(2) The School shall deliver the Continuing Professional Development and Short Courses Programme in course modules.

(3)  Each module shall have specific admission criteria which will be set out in the relevant advertisement or brochure for each course.

22. Programme units..
The Continuing Professional Development and Short Courses Programme shall consist of the following courses modules –

module one: anti-corruption and anti-money laundering
module two: competition law
module three: business associations, corporate governance and corporate social responsibility
module four: conveyancing
module five: the regulation of exchange of labour
module six: bankruptcy
module seven: capital markets and securities
module eight: taxation
module nine: procurement and public accountability
module ten: banking and financial services
module eleven: insurance
module twelve: intellectual property
module thirteen: negotiation skills
module fourteen: legislative drafting
module fifteen: public debt management and loan agreement
module sixteen: transnational corporations
module seventeen: international business transactions
module eighteen: investments law
module nineteen: maritime law
module twenty: international and regional economic institutions
module twenty-one: international dispute resolution
module twenty-two: alternative dispute resolution (ADR) 
module twenty-three: international commercial arbitration (ICA)
module twenty four: advanced trial advocacy 
module twenty five: civil litigation 
module twenty six : conveyancing and real estate management
module twenty seven: family law advocacy
module twenty eight:  environmental law and litigation
module twenty nine:  rule of law and governance 
module thirty: human rights law
module thirty one: gender and the law
module thirty two: child rights
module thirty three: treatment of offenders and victims of crime
module thirty four:  disability and the law
module thirty five:  HIV/AIDS
module thirty six: refugee law
module thirty seven:  medical law
module thirty eight: project management
module thirty nine: corporate law
module fourty: co-operatives law
module fourty one: east african community law
module fourty two: Common Market For Eastern And Southern Africa (Comesa)
module fourty three: New Partnership For Africa’s Development (NEPAD).
    
23. Programme duration.
(1) The School shall advertise the course contents and duration of each course in the Continuing Professional Development and Short Courses Programme in the local media before seeking applications and admitting relevant students.

(2) The School shall allocate sufficient time and other resources to the Continuing Professional Development and Short Courses Programme to meet the objective of the training programme.

SECOND SCHEDULE 2
(r. 16 (5)

Disciplinary Code

1. A students shall refrain from committing any or all of the following, which shall constitute misconduct –

(a)  failing to attend the School without the Director’s authority;

(b)  stealing or damaging the property of the School;

(c)  removing, hiding or tampering with library materials and other equipment;

(d)  cheating in examinations;

(e)  failure  to maintain the School dress code by wearing jeans, t-shirts, mini skirts and other indecent clothes or such other clothes during active school time;

(f)  convening, participating or in any other way, getting involved in demonstrations, gatherings or processions or ceremonies for which permission has not been obtained from the Council or Government;

(g)  Organizing or in any other way being involved in pickets or in any way preventing other students or members of staff from performing their duties;

(h)  possessing, handling and using drugs or drinks during school time;

(i)  being drunk and disorderly within the School premises;

(j)  creating unnecessary noise or behaving in an unruly or rowdy manner causing disturbance or annoyance to other occupants of the School;

(k)  sexually harassing other students or members of staff; 

(l)   assaulting or in engaging in any other form of violence against a student, member of staff or members of the public.

Penalty

2. A person who breaches this disciplinary code shall be liable to disciplinary action. 

Displinary action.

3. Notwithstanding the generality of paragraph (2), a person who breaches any of the above provision shall be liable to disciplinary action and the Disciplinary Committee may initiate any of the following sanctions -

(a)  reprimand;

(b)  warning;

(c)  restitution;

(d)  suspension;

(e)  expulsion.

THIRD SCHEDULE
(KSL.1)   (r.5)

APPLICATION FORM

Section A:

1.  Name:  …………………………………………………………………………………..
        Surname            (Other names in full)

2.   Contact Address: ……………………………………………………………………….
……………………………………………………………………………………………..
………………………………………………………………………………………..    
    
    
3. Permanent Address (if different from 2):………………………………………………
……………………………………………………………………………………………………………………………………………………………………………………………..    
        
4.  Telephone Contacts:
Landline/Telcom wireless: …………………………………………………………………    
Mobile: ……………………………………………………………………………………    
E-mail:     ……………………………………………………………………………………
Nearest Town:    …………………………………………………………………………..

5.  Date of Birth: Day ………….……….. Month ………………..…. Year………………

6.  Nationality: ………………………………………………….………………………….

7.  Identity Card No:…..……………………………Passport ……………………..……..

8. Gender(Male/Female):.…………………………………………………………………

9.   Marital Status:…………………………………………………………….……………

10.  Next of Kin:……………………………………………………………………………
       His/her Telephone No:…………………………………………………………………
       Relationship:……………………………………………………….…………………..

Section B:

11.     Qualifications and institutions obtained from:

Qualifications

School/College/UniversityAttended

Year of Completion

Grades Obtained

(i) Academic

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(ii) Professional

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.     Working/Research experience (where applicable)

Employer

Work Station

Occupation

Period

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section C:

DECLARATION BY APPLICANT

I hereby DECLARE that to the best of my knowledge the information herein given is true and accurate and that I bear responsibility for   all inaccuracies and misinformation if any.

Signature:……………………….………………Date: ……………...…………………….

Section D:

12.    For official use:

(i)    Approved for direct admission

(ii)    Approved to sit Pre-Bar Examination

(iii)    Not approved (Give Reason(s)

Payment Receipt No:……………………………………………………………………….
Designation of Officer:………………………………………………………..……………
Signature: ………………………………………………………………..…………………
Date:…...……………………………………………………………………..……………..

NOTES (Instructions to fill form KSL 1)

1.  This form should be filled in or completed in BLOCK LETTERS, and returned to—
The Academic Manager, 
Kenya School of Law, 
P.O. Box 30369-00100 
NAIROBI.

2.  Please attach the following documents—

(a)    a copy of the applicant’s LL.B. Degree certificate or provisional certificate;
(b)    a copy of his/her academic transcripts or mark-sheets;
(c)    a copy of his/her law syllabus and reading lists.  Such syllabus must detail all topics covered in each subject/course of study;
(d)    copies of “O” and “A” level certificates or K.C.S.E. certificate;
(e)    a copy of his/her national identity card;
(f)    two “one- inch” by “one- inch” (1” x 1”) colored photographs;

3.  Applicants must deposit a non-refundable application fee of Kshs.2, 000/- as below –
Account Name:       Kenya School of Law 
Account No:         0100131599701 
Branch:        National Bank of Kenya, Hill Branch, NHIF Building. 

4. Present the deposit slip for receipting at our cash office and attach to this form as proof of payment.

FOURTH SCHEDULE

(r. 5(1))
FEES AND CHARGES

 

Item

Amount (KSh.)

1.

Application fees for admission to any course of study.

 2, 000

2.

Library fee charged to all students admitted to the School (except those attending the CPD Programme)

5,000

3.

Tuition fees for the Para-Legal Programme per course unit

7, 500

 

Tuition fees for the Advocates Training Programme (ATP

15,000

4.

Examination fees for re-marking of ATP examinations

5,000

 

Examination fees For re-sits per course unit in the Advocates Training Programme

6,000

 

Examination fees For re-sits per unit in the Para-Legal Training Programme

3,000

Made on the 12th August, 2009.

E. O. O’KUBASU,
Chairman,
Council of Legal Education.

Approved on the10th September, 2009.

MUTULA KILONZO,
Minister for Justice,
National Cohesion and Constitutional Affairs.

168-Extradition (Commonwealth Countries) Act, 2009

168-Extradition (Commonwealth Countries) Act, 2009

20th November, 2009

LEGAL NOTICE NO. 168

THE EXTRADITION (COMMONWEALTH COUNTRIES) ACT 
(Cap. 77)

IN EXERCISE of the powers conferred upon the Attorney-General by section 3 of the Extradition (Commonwealth Countries) Act, the following Order is made:—

THE EXTRADITION (NEW ZEALAND) ORDER, 2009

1. This Order is cited as the Extradition (New Zealand) Order, 2009.

2. New Zealand is designated as a designated Commonwealth Country for purposes of this Act.

Made on the 9th November, 2009.

S. A. WAKO,
Attorney-General.

167-National Museums and Heritage (Admission Fees) Regulations, 2009

167-National Museums and Heritage (Admission Fees) Regulations, 2009

20th NOVEMBER 2009

LEGAL NOTICE NO. 167

THE NATIONAL MUSEUMS AND HERITAGE ACT, 2006
(No. 6 of 2006)

IN EXERCISE of the powers conferred by section 66(j) of the National Museums and Heritage Act, the Minister of State for National Heritage and Culture, in consultation with the National Museums of Kenya makes the following Regulations:—

THE NATIONAL MUSEUMS AND HERITAGE (ADMISSION FEES) REGULATIONS, 2009

1. These Regulations may be cited as the National Museums and Heritage (Admission Fees) Regulations, 2009.

2. Every adult or child who is not a resident of Kenya or East Africa shall pay the fees prescribed in the First Schedule before admission into any historic site, monument or museum.

3. Every adult or child who is not a resident of Kenya but a resident of East Africa shall pay the fees prescribed in the Second Schedule before admission into any historic site, monument or museum.

4. Every adult or child, who resides in Kenya shall pay the fees prescribed in the Third Schedule before admission into any historic site, monument or museum.

FIRST SCHEDULE

ADMISSION FEES FOR NON-RESIDENTS (OUTSIDE EAST AFRICA)

Historic Sites/Monuments and Museums

Class of Visitor

Entrance fees During Weekdays, Weekends and Public holidays (KSh.)

1. Gede National Monument

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

500

 

250

2.  Mnarani and Jumba Ruins

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

500

 

 

250

3. Takwa Ruins

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

500

 

 

250

4. Nairobi National Museum

The Snake Park,

Karen Blixen and Fort

 

Jesus Museum

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

800

 

 

400

5. Kitale, Meru, Narok, Kabarnet & Kapenguria

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

500

 

 

250

6. Kisumu Museum

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

250

 

 

500

7. Malindi Museum

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

500

 

 

250

8. Lamu Museum

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

500

 

 

250

9. A package for Lamu Museum, Lamu Fort, Swahili House and German Post Office

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

3,000

 

 

1,500

10. A package for Nairobi Museum and Snake Part

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

1,200

 

 

600

SECOND SCHEDULE 

ADMISSION FEES FOR NON-RESIDENTS (WITHIN EAST AFRICA)

Historic Sites/Monuments and Museums

Class of Visitor

Entrance fees During Weekdays, Weekends and Public holidays (KSh.)

1. Nairobi National Museum

the Snake Park, Karen Blixen and Fort Jesus Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

400

 

 

200

2. Kitale Museums

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

400

 

 

200

3. Kisumu Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

400

 

 

200

4. Malindi Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

400

 

 

200

5. Lamu Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

400

 

 

200

6. A package for Lamu Museum, Lamu Fort, Swahili House and German Post Office

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

1,500

 

 

750

7. A package for Nairobi Museum and Snake Part

(a) For every person aged sixteen year and over

(b) For every child over three and Below sixteen years

600

 

 

300

THIRD SCHEDULE 

ADMISSION FEES FOR RESIDENTS

Historic Sites/Monuments and Museums

Class of Visitor

Entrance fees During Weekdays, Weekends and Public holidays (KSh.)

1. Nairobi National Museum, Karen Blixen, Snake Park, and Fort Jesus Museums 

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

100

 

 

50

2. Kitale Museums

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

100

 

 

50

3. Kisumu Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

100

 

 

50

4. Meru, Kapenguria and Kabarnet Museums

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

100

 

 

50

5. Malindi Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

100

 

 

50

6. Lamu Museum

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

100

 

 

50

7. A package for Lamu Museum, Lamu Fort, Swahili House and German Post Office

(a) For every person aged sixteen year and over

(b) For every child over three and below sixteen years

375

 

 

180

8. Organized educational groups

(a) College and tertiary institutions with prior booking (per student or teacher)

(b) Primary and Secondary schools with prior booking (per child or teacher)

100

 

 

 

50

9. A package for Nairobi Museum and Snake Park

(a) For every person aged sixteen years and over

(b) For every child over three and below sixteen years

150

 

 75

Dated the 27th October, 2009.

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

166-Agriculture Act (Farm Forestry) Rules, 2009

166-Agriculture Act (Farm Forestry) Rules, 2009

20th November, 2009

LEGAL NOTICE NO. 166

THE AGRICULTURE ACT
(Cap. 318)

THE AGRICULTURE (FARM FORESTRY) RULES, 2009

ARRANGEMENT OF RULES

Rule

PART I—PRELIMINARY

1—Citation
2—Application
3—Interpretation
4—Objectives and purpose of the Rules
5—Compulsory establishment of farm forestry

PART II—FARM FORESTRY INSPECTION AND ENFORCEMENT

6—Maintenance of 10 per cent tree cover
7—Farm Forestry Development Notices
8—Protection of land prone to degradation
9—Seed production plans
10—Harvesting
11—Farm forestry compensation
12—Maintenance of registers
13 —General penalty

THE AGRICULTURE ACT
(Cap 318)

IN EXERCISE of the powers conferred by section 48 of the Agriculture Act, the Minister for Agriculture, upon consultation with the Central Agricultural Board, makes the following Rules :—

THE AGRICULTURE (FARM FORESTRY) RULES, 2009

PART I—PRELIMINARY

Citation.
1. These Rules may be cited as the Agriculture (Farm Forestry) Rules, 2009.    Citation.

Application.
2. These Rules shall apply for the purposes of promoting and maintaining farm forest cover of at least 10 per cent of every agricultural land holding and to preserve and sustain the environment in combating climate change and global warming.

Interpretation.
3.  In these Rules, unless the context otherwise requires—

“compliant certificate” means a certificate issued by the District Agricultural  Committee in accordance with rule 6 (3) (ii);

“farm forestry” means the practice of managing trees on farms whether singly, in rows, lines, boundaries or in woodlots or private forests;
 
“inspector” means the District Agricultural officer.

Objectives and purpose of the Rules.
4. The objective and purpose of these Rules is to promote the establishment and sustainable management of farm forestry for the purposes of—
 
(a) maintaining a compulsory farm tree cover of at least 10 percent of any agricultural land holding;

(b) conserving water, soil and biodiversity;

(c) protecting riverbanks, shorelines, riparian and wetland areas;

(d) sustainable production of wood, charcoal  and non wood products;

(e) providing fruits and fodder; and

Compulsory establishment of farm forestry.
5. (1) Every person who owns or occupies agricultural land shall establish and maintain a minimum of 10 percent of the land under farm forestry which may include trees on soil conservation structures or rangeland and cropland in any suitable configurations;

Provided that the species of trees or varieties planted shall not have adverse effects on water sources, crops, livestock, soil fertility and the neighborhood and should not be of invasive nature.

(2) No agricultural landowner or occupier shall grow or maintain any Eucalyptus species in wetlands and riparian areas.    

PART II—FARM FORESTRY INSPECTION AND ENFORCEMENT
  
Maintenance of 10 per cent tree cover.
6. (1) An inspector may at any reasonable time enter upon any agricultural land or commercial nursery situated in an area in respect of which he is authorized to be an inspector for the purpose of ascertaining whether the farm owner or occupier has complied with 10 per cent farm forestry or nursery requirement.

(2) If an inspector ascertains that an owner or occupier has not complied with paragraph (1), he shall issue a farm forest establishment notice in Form FF1 as set out in the schedule to these Rules, requiring the owner or occupier to institute measures to comply with the requirement within such period as may be specified in the notice.

(3) An inspector shall re-enter an agricultural land or nursery to ascertain compliance with the requirements of the notice issued under paragraph (2) and shall—

(i) notify the owner or occupier of his intention to report the non-compliance to the District Agricultural Committee where the owner or occupier has not complied at the expiry of the period specified in the notice or;

(ii) issue a compliance certificate in Form CFF1 as set out in the schedule to these Rules, signed by the Chairman of the District Agricultural Committee where such owner or occupier has complied.

(4) An inspector shall report to the District Agricultural Committee any occupier or owner of agricultural land who fails to comply with the provisions of the notice.

(5) A person who obstructs or hinders an inspector in the exercise of his duties under these Rules shall be guilty of an offence.

Farm forestry development notices.
7. (1) The District Agricultural Committee in consultation with the District Environment Committee if satisfied with respect to any agricultural land that—

(a) a land owner or occupier was issued with a farm forestry establishment notice under rule 6(2) but did not comply with the notice at the expiry of the required period;

(b) a land owner or occupier had, but has not continued to maintain a minimum of 10 per cent of the land under farm forestry;

(c) having regard to the ecological characteristics of the land and the principles of good land management and good husbandry, the land has  tree cover but is not reasonably covered with adequate forest cover to reach 10 per cent without the addition thereto of more trees;

(d) it is in the interests of proper environmental protection and development of the land for agricultural purposes that more trees should be added on the farm;

(e) a land owner or occupier is unwilling to comply to either establish or maintain a minimum of 10 percent of the land under farm forestry cover,

shall issue a farm forestry establishment and maintenance notice in Form FF2 as set out in the Schedule to these Rules, requiring the owner or occupier to institute measures to comply with the requirement within the period as shall be specified in the notice.

(2) Where the land owner or occupier has not complied with paragraph (1), the District Agricultural Committee shall issue a farm forestry establishment and maintenance order in Form FF3 as set out in the Schedule to these Rules.
 
(3) The Order shall require acts or things to be performed or done or prohibit acts or things from being performed or done to the satisfaction of the District Agricultural Committee, imposing conditions upon such requirements and describing periods and dates upon, within or before which such acts or things shall be performed or done or such conditions of establishing and maintaining farm forestry.

(4) A land owner or occupier to whom the Order is given under paragraph (2) may, within thirty (30) days after service thereof on him, contest the Order in writing to the District Agricultural Committee giving reasons for  non compliance.

(5) The District Agricultural Committee may, upon consideration of such contestation either—

(a) withdraw or vary the order;

(b) direct that the Order be implemented mutatis mutandis.

(6) A land owner or occupier who is not satisfied with the decision of the District Agricultural Committee under this rule may, within thirty (30) days after receiving the decision of the District Agricultural Committee, appeal to the Agricultural Appeals Tribunal.

(7) Where no appeal is lodged with the Agricultural Appeals Tribunal, the District Agricultural Committee shall apply to Agricultural Appeals Tribunal to be allowed to plant and maintain the farm forest cover of 10 percent and this shall be a civil debt on the land owner or occupier.

(8) In the event of change of user of land from agricultural use to any other use, the new user shall maintain a 10 per cent farm forest cover.   

Protection of land prone to degradation. L.N. 26/1965.
8. (1) Every District Agricultural Committee  shall identify land under its area of  jurisdiction which is at the risk of land degradation  and institute measures necessary for ensuring its conservation including planting of trees.

(2) Where land is at the risk of degradation, the land owner or occupier shall be required to implement farm forestry measures as outlined in paragraph (1).

(3) Every District Agricultural  Committee shall undertake measures to plant trees in any areas specified under paragraph (1) by -

(i) encouraging voluntary self-help tree planting activities;

(ii) undertaking farm forestry activities financed through devolved and any other funds.

(4) The Agriculture (Basic Land Usage) Rules shall apply to sloping lands.
  
Seed Production Plans.
9. (1) The District Agricultural Committees shall prepare and oversee the implementation of annual seedling production plan for provision of appropriate and adequate seedlings to land owners or occupiers in the district.

(2) The District Agricultural Committee shall monitor the implementation of the plan in paragraph (1) and submit quarterly District reports to Central Agricultural Board and make copies to the relevant line Ministries.
  
Harvesting.
10. (1) Every land owner or occupier shall ensure that harvesting of trees shall be done in such a manner as to maintain a 10 per cent tree cover at all times, with large scale harvesting  requiring a harvesting plan as governed by the provisions of the Forest Act No. 7 of 2005.

(2) The District Agricultural Committee shall establish mechanisms to facilitate the process of notification and approval for ease of harvesting by land owners or occupiers.
 
(3) A person shall not harvest trees from a farm forest without notification and approval as provided for in paragraph (2)

(4) Harvesting, processing and movement of farm forest products for commercial purposes shall be governed by the provisions of the Forest Act, No. 7 of 2005.
 
Farm forestry compensation.
11. (1) A land owner or occupier who suffers damage to his farm forest trees may seek to be assisted by District Agricultural Committee in valuation of his damaged trees.

(2) The District Agricultural Committee shall establish procedures for damage assessment.

(3) The Central Agricultural Board shall prepare and publish farm tree compensation guidelines for use in assessing compensation rates.

(4) The Central Agricultural Board shall review the farm tree compensation guidelines for use in assessing compensation rates after every five years from the date of its publication.

(5) Where damage occurs due to undertaking of public utility service, the District Agricultural Committee may upon request carry out damage assessment and forward its report to the requesting party.

(6) Any person who interferes with the assessment exercise commits an offence.
  
Maintenance of registers.
12. (1) Every inspector shall keep a register containing copies of farm forest establishment notice and certificate of compliance.

(2) Every District Agricultural Committee shall keep a register containing copies of Farm Forest Establishment and Maintenance Notice, Certificate of compliance and Farm Forestry Establishment and Maintenance Order.
  
General penalty.
13. (1) A person who contravenes any of the provisions of these Rules commits an offence.

(2) A person who commits an offence for which no specific penalty has been provided shall be liable upon conviction to a fine of six thousand shillings or imprisonment for six months or both.
 
SCHEDULE

FORM FF1                                                                                                         

Rule 6 (2)

FARM FORESTRY ESTABLISHMENT NOTICE

To  ...................................................................................................................

Farm  .................................................................................................................

Address.................................................................................................................................
You are hereby ordered to carry out the following farm forestry activities in the farm described in the Schedule to this Order:

        (a)
        (b)
        (c)
        (d)

You are hereby prohibited from doing any of the following things in the farm described in the Schedule to this Order:

         (a)
         (b)
         (c)
         (d)

Date ..............................................                                                ................................................                     
 Inspector

Copy to:

The Chairman, District Agricultural Committee ..................................... District.

DESCRIPTION OF FARM AFFECTED

Farm No. .............................................................................................................
at  ..................................................................................................................., whose area is approximately............................................................ hectares, and known as ............................................... and situated near ................

FORM FF2                                                                                                          

Rule 7. (1)

FARM FORESTRY ESTABLISHMENT AND MAINTENANCE NOTICE

The District Agricultural Committee makes the following Notice: -
To  .......................................................................................................................
Farm  ...................................................................................................................
Address.................................................................................................................................
You are hereby ordered to carry out the following farm forestry activities in the farm described in the Schedule to this Notice:
          (a)
          (b)
          (c)
          (d)
You are hereby prohibited from doing any of the following things in the farm described in the Schedule to this Notice:
          (a)
          (b)
          (c)
          (d)
Should you be in doubt as to the provisions of this Notice, or the farm affected, you should consult an inspector.

Date ..........................................                                    ................................................
Chairman
District Agricultural Committee

Copy to:
            The Chief Executive Officer, Central Agricultural Board.
            The Chairman, Provincial Agricultural Board.
            The Inspector
  
DESCRIPTION OF FARM AFFECTED

Farm No. ...................................................................................................
at  ..................................................................................................................., whose area is approximately.................................................................................. hectares, and known as ....................................... and situated near  .............................

FORM FF3                                                                                                            

Rule 7(2)  

FARM FORESTRY ESTABLISHMENT AND MAINTENANCE ORDER
To  ..................................................................................................................
Farm  ............................................................................................................
Address..................................................................................................................................

You are hereby ordered to carry out the following farm forestry activities in the farm described in the Schedule to this Order:
          (a)
          (b)
          (c)
          (d)
You are hereby prohibited from doing any of the following things in the farm described in the Schedule to this Order:
          (a)
          (b)
          (c)
          (d)                                  

Date................................................                          ……....................................................
Chairman
District Agricultural Committee   

Copy to:
      
The Inspector
  
DESCRIPTION OF FARM AFFECTED

Farm No. .......................................................................................................
at  .................................................................................................................., whose area is approximately.................................................................................. hectares, and known as .................................... and situated near  .................................

Form CFF1.                                                                                               Rule 6. (3) (ii)

CERTIFICATE OF COMPLIANCE.

Farm  ........................................................................................................
Address..................................................................................................................................
This is to certify that the following Farm Forestry activities have been undertaken in the farm described in the Schedule as per Order No. ...............dated.....................
          (a)
          (b)
          (c)
          (d)
 
Date................................................                              ....................................................
Chairman:
District Agricultural Committee

Copy to:
The Inspector 
  
DESCRIPTION OF FARM AFFECTED
Farm No. ........................................................................................................
at  ..................................................................................................................., whose area is approximately.................................................................................. hectares, and known as ................................................ and situated near  ...............................................................

Dated the 27th October, 2009.

WILLIAM ARAP RUTO,
Minister for Agriculture.

165-Forest Act (Participation in Sustainable Forest Management) Rules, 2009

165-Forest Act (Participation in Sustainable Forest Management) Rules, 2009

6th November, 2009

LEGAL NOTICE NO. 165

THE FORESTS ACT, 2005
(No. 7 of 2005)

THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES, 2009

ARRANGEMENT OF RULES

Rule

PART I—PRELIMINARY

1―Citation.
2―Application.
3―Interpretation.
4―Objectives and purpose of the Rules.
5 ―Management plan.

PART II—PRIVATE SECTOR PARTICIPATION

6 ―Service to invite private sector.
7 ―Types of Agreements for private sector.
8 ―Eligibility of applicant.

Permits

9 ―Permits for utilization of forest goods and services.

10―Variation or cancellation of permit.

Timber – licenses
 
11―Determination of areas to be offered.
12―Content and duration of timber license.
13―Pre-qualification procedure.
14―Consideration of applications.
15―Offering and advertisement.
16―Bidding procedure.
17―Selection of a bidder.
18―Award of timber license.
19―Monitoring and evaluation of licensee.
20―Non-transferability.

Special-Use Licenses

21―Content and procedure in grant of special use license.
Contract
22―Procedure in the grant of contracts.

Joint management agreements

23―Main features.
24―Procedure in the grant of a joint management agreement.
25―Evaluation of application.
26―Joint management agreement.

Concession Agreements

27―Determination of areas to be offered for concession.
28―Content of concession agreement and duration.
29―Pre-qualification.
30―Consideration of an application.
31―Offering and advertisement.
32―Concession bidding procedure.
33―Consideration of the bids.
34―Announcement of intention to award.
35―Award of concession.
36―Performance of bond.
37―Review and evaluation.
38―Evaluation and renewal.
39―Employment of professional foresters.
40―Transferability.

PART III—COMMUNITY PARTICIPATION

41―Service to invite community participation.
42―Types of agreements for community participation.

PART IV—COMMUNITY FOREST MANAGEMENT AGREEMENTS

43―Forest management agreements.
44―Management units.
45―Procedure for entering into a community forest management.agreement.
46―Forest-level management committee.
47―Monitoring of implementation.
48―Technical assistance from the Service.
49―Commercial activities

Non-resident cultivation

50―Agreement with forest association
51―Zoning of forest areas
52―Where plots may not be allocated
53―Allocation of plots
54―Conditions for permits
55―Period of cultivation
56―Planting of seedlings
57―Monitoring of forests association
58―Operational guidelines

PART IV—GENERAL PROVISIONS

59―Transitional provisions.
60―Verification of various existing authorisations
61―Forms and documents under these rules
62―Fees
63―Applicable law.
64―Repeat advertisement
65―Registers
66―Compliance with other laws
67―Liability under other laws
68―Forest to remain property of State
69―Appeals

SCHEDULE

Prescribed Forms

Form 1: Permit
Form 2: Timber Licence
Form 3: Special-Use Licence
Form 4: Joint Forest Management Agreement
Form 5: Community Management Agreement
Form 6: Non-resident Cultivation Permit

Please click here to download Legal Notice

164-Registered Land (Application)(No 14) Order, 2009

164-Registered Land (Application)(No 14) Order, 2009

6th November, 2009

LEGAL NOTICE No. 164

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2(c) of the Registered Land Act, the Minister for Lands makes the following Order;-

THE REGISTERED LAND (APPLICATION) (NO. 14) ORDER 2009

1.  This Order may be cited as the Registered Land (Application) (No. 14) Order, 2009.

2.  The Act shall apply to the area of land specified in the Schedule.

 

 

Land Reference No.

Area in Hectares

Situation

13287/18

20.15

Nakuru District

13287/106

8.007

Nakuru District

13287/115

19.71

Nakuru District

13297/119

16.23

Nakuru District


Made on the 2nd October, 2009

JAMES ORENGO
Minister for Lands

163-Fiscal Management Act Regulations, 2009

163-Fiscal Management Act Regulations, 2009

6th November, 2009

LEGAL NOTICE No. 163

THE FISCAL MANAGEMENT REGULATIONS, 2009

1. Citation.
These Regulations may be cited as the Fiscal Management Regulations, 2009.
    
2.  Interpretation. No. 5 of 2004
In these Regulations, unless the context otherwise requires-

“accounting officer” has the meaning assigned thereto in the Government Financial Management Act, 2004.

3. Sensitization of public officers.
Every accounting officer shall bring to the attention of every public officer working under him, the provisions of the Act and these Regulations regarding the principles and practice of prudent financial management.

4. Preparation of budget policy statement etc.
The Treasury shall not later than 1st September in every year, issue a circular providing guidelines on the budget preparation and the calendar that leads to the budget policy statement and annual estimates in respect of the ensuing financial year.

5. Inclusion of action taken on audit recommendations in Treasury report.
(1) Where the audit recommendations made by the National Assembly under section 9 (2) of the Act have been received by the Treasury after 31st December of the preceding calendar year, the Treasury may not include a report on the implementation of the recommendations in the immediate Treasury report but shall include it in the subsequent report.

(2) Every accounting officer shall, within thirty days after every quarter of the financial year, submit to the Treasury a report on the action taken to implement the audit recommendations made by the National Assembly.
    
6. Preparation of the annual budget by public entities.
(1) Every public entity shall, by the 28th of February each year, prepare its budget and submit it to its parent Ministry in form FMR I set out in Schedule.

(2) A parent Ministry may, as long as the substance of the form relating to revenue and expenditure prescribed in the form is included, modify form FMR I submitted by a public entity falling under its mandate.

(3) A parent Ministry shall keep a detailed budget in each public entity falling under its mandate.

7. Forms for the publication of monthly revenues and net exchequer issues.
For purposes of section 13 of the Act-

(a) the actual monthly revenue shall be published in form FMR II set out in the Schedule; and

(b) the net exchequer issues shall be published in form FMR III set out in the Schedule.

8. Form and content of compliance report.
The Minister shall prepare the compliance report required under section 14 (1) of the Act, in the form of a quarterly economic and budgetary review which shall contain the contents provided in section 14 (3) and 14 (4) of the Act, within forty-five days after every quarter of the financial year.

9. Criteria to determine proportion of vote on account to be withheld etc.    
(1) If the National Assembly decides to withhold the vote on account of a department, the withholding of such vote on account shall remain in force until the department has complied with such conditions accompanying the withholding as the National assembly may impose, to the satisfaction of the National Assembly.

(2) If, at the time the Appropriation Act of a particular year comes into operation, there is failure to comply with such conditions as the National Assembly may impose under paragraph (1), the National Assembly shall invoke the provisions of section 16 (2) of the Act regarding withholding of amounts from the department’s vote for the year as are commensurate to the amounts in the audit queries regarding the department, or such amount as the National Assembly may deem appropriate.

10. Cases not covered by Regulations.
Any case not covered by these Regulations shall be dealt with in accordance with such instructions as the Treasury may from time to time issue.

SCHEDULE

FMR-I: FORM OF BUDGET BY A PUBLIC ENTITY

 

 

Income

 

(i) Own generated income

xx

(ii) Government Resources

 

Grants

xx

Loans

xx

(iii) Other incomes

 

Grants

xx

Loans

xx

TOTAL INCOME

xxx

Expenditures

xx

Recurrent Expenditure

xx

Capital Expenditures

xx

TOTAL EXPENDITURES

xxx

(Deficit) or Surplus

xxx

Notes. – “Other incomes” means all other incomes own generated not from the Government of Kenya

FMR-II: FORM OF ACTUAL MONTHLY REVENUES

 

 

Actual (KSh.)

 

 

Total Revenue

 

Ordinary revenue

 

Taxes on International Trade and Transactions (Import Duty)

 

Excise Taxes

 

Taxes on Income, Profits and Capital gains (Income Tax

 

Income Tax from individuals (Pay As You Earn)

 

Income Tax from Corporations (Other Income Tax)

 

Taxes on goods and services (Value Added Tax)

 

VAT on Domestic goods and services

 

VAT on Imported goods and services

 

Other Revenue

 

Investment Income (Central Bank of Kenya)

 

Investment Income – Others

 

Other taxes on goods and services

 

Traffic Revenue

 

Land Revenue

 

Royalties (Forest and Mining Revenue)

 

Fines and Forefeitures

 

Loan Interest Receipts

 

Loan Redemption Receipts

 

Miscellaneous Revenue

 

Taxes on Intl. Trade & Transactions (IDF Fee)

 

Reimbursements

 

Ministerial AIA

 

Grants from Foreign Govt. through exchequer

 

Loans from Foreign Govt, through exchequer

 

 

FMR-III: FORM OF NET EXCHEQUER ISSUES

 

 

Vote

Ministries/Departments

Recurrent (KSh.)

Development (KSh.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Made on the 26th October, 2009

UHURU KENYATTA
Deputy Minister and Minister for Finance