Kenya Law Reports: Vol CXII – No 18 Dated February 26,2010

GAZETTE NOTICE NO. 1910
THE KENYA LOCAL GOVERNMENT (PENSIONS)
REGULATIONS (L.N. 00 OF 2007)

APPOINTMENT

IN EXERCISE of the powers conferred by regulation 15 of the Government Pensions Trust Rules, 2007, the Deputy Prime Minister and Minister for Local Government appoints-

CHARLES MUIRURI IKENYA

as a member of the LAPTRUST for a period of three (3) years.

Dated the 17th February, 2010.

MUSALIA MUDAVADI,
Deputy Prime Minister
And Minister for Local Government

GAZETTE NOTICE NO. 1911
THE CO-OPERATIVE SOCIETIES ACT (Cap. 490)

INTENTION TO GRANT EXEMPTION

PURSUANT to section 92 (1) and (2) of the Co-operative Societies Act, it is notified that at the expiry of thirty (30) days from the date of this Gazette, the Minister for Co-operative Development and Marketing will grant exemption to Kiambu Unity Finance Co-operative Union from the provisions of section 19 of the Co-operative Societies Act.

Thereupon exemption the society will have two classes of shareholders, Class “A” with voting rights and Class “B” without voting rights.

Dated the 10th February, 2010.

J.W.N NYAGAH ,
Minister for Co-operative Development and Marketing.

GAZETTE NOTICE NO. 1912
THE GOVERNMENT LANDS ACT (Cap. 280)
THE LAND ARBITRATION TRIBUNAL

REVOCATION OF APPOINTMENT

IN EXERCISE of the powers conferred by section 147 (4) of the Government Lands Act, The Minister for Lands revokes the appointment of-

JORAM K. KIMEMIA

as Secretary of the Land Arbitration Tribunal with immediate effect. This notice supersedes any other notices(s) published there before under this section.

Dated the 18th February, 2010.

JAMES ORENGO,
Minister for Lands

GAZETTE NOTICE NO. 1913
THE GOVERNMENT LANDS ACT (Cap. 280)
THE LAND ARBIRATION TRIBUNAL

REVOCATION OF APPOINTMENT

IN EXERCISE of the powers conferred by section 147 (j7) (b) of the Government Lands Act, the Minister for Lands revokes the appointment of-

Wanyiri Kihoro
Mukhongo W.J. Ginda.
Jeniffer M. Chomba
William E. Olotch,
Gilvert Kimutai Bor,

as members of the Land Arbitration Tribunal with immediate effect. This notice supersedes Gazette Notice no. 9187 of 2008.

Dated the 18th February, 2010.

JAMES ORENGO,
Minister for Lands

GAZETTE NOTICE NO. 1914
THE STATE CORPORATION ACT (Cap. 4460
THE KENYA PLANT HEALTH INSPECTORATE SERVIC ORDER
(L.N. 305 of 1996)

APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (b) of the Kenya Plant Health Inspectorate Service Order, 1996, the Minister for Agriculture appoints-

JAMES M ONSANDO (DR.)

To be the Managing Director and Secretary to the Board of Kenya Plant Health Inspectorate Service for a period of three (3) years, with effect from 26th February, 2010.

Dated the 23rd February, 2010.

WILLIAM ARAP RUTO,
Minister for Agriculture.

GAZETTE NOTICE NO. 1915
THE LAW OF SUCCESSION ACT (Cap. 160)

APPOINTMENT

IN EXERCISE of the powers conferred by section 47 of the Law of Succession Act, the Chief Justice appoints-

MARGARET S. GIDALI

Principal Magistrate at Voi, to represent the High Court for the Purposes of that section with effect from 1st February, 2010.

Dated the 22nd January, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE 1916
THE LAW OF SUCCESSION ACT (Cap. 160)

APPOINTMENT

IN EXERCISE of the powers conferred by section 47 of the Law of Succession Act, the Chief Justice appoints

ALICE B. MIECHA

Senior Resident Magistrate at Nyahururu, to represent the High Court for the purposes of that section with effect from 1st March, 2010.

Dated the 1st February, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 1917
THE LAW OF SUCCESSION ACT (Cap. 160)

APPOINTMENT

IN EXERCISE of the powers conferred by section 47 of the Law of Succession Act, the Chief Justice appoints-

NICHOLAS N. MURAGE

Resident Magistrate at Chuka, to represent the High Court for the purposes of that section with effect from 1st March, 2010.

Dated the 1st February, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 1918
THE CHILDREN ACT (No. 8 of 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act (No. 8 of 2001), the Chief Justice appoints-

NICHOLAS N. MURAGE

Resident Magistrate at Chuka, to preside over cases involving children in respect of Eastern Province, with effect from 1st March, 2010.

Dated the 1st February, 2010.

J.E. GICHERU,
Chief Justice.

GAZETTE NOTICE NO. 191
THE CHILDREN ACT
(No. 8 of 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act (No. 8 of 2001), the Chief Justice appoints-

MWANGI T. KARIUKI

Acting Senior Resident Magistrate at Tigania, to preside over cases involving children in respect of Eastern Province, with effect from 1st March, 2010.

Dated the 1st February, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1920
THE CHILDREN ACT (No. 8 of 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act (No. 8 of 2001), the Chief Justice appoints-

DANIEL M OCHENJA

Principal Magistrate at Kitale, to preside over cases involving children in respect of Eastern Province, with effect from 1st March, 2010.

Dated the 3rd February, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1921
THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT
(No. 3 of 2003)

APPOINTMENT

IN EXERCISE of the powers conferred by section 3 (1) of the Anti-Corruption and Economic Crimes Act, the Chief Justice appoints-

KIMWELE MUNEENI

Principal Magistrate, as a special magistrate to preside over cases involving corruption and economic crimes in respect of Kisumu, Nyanza Province, with effect from 1st February, 2010.

Dated the 22nd January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1922
THE MAGISTRATES’ COURTS ACT (cap. 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred bys section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

PATRICIA GICHOHI

Senior Principal Magistrate to Kenya shillings two million (Ksh. 2,000,000) with effect from 1st February, 2010.

Dated the 19th January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1923
THE MAGISTRATES’ COURTS ACT (Cap 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

THRIPSISA W. WAMAE

Senior Principal Magistrate to Kenya shillings two million (Ksh. 2,000,000), with effect from 1st February, 2010.

Dated the 19th January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1924
THE MAGISTRATES’ COURTS ACT (Cap 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

CHARLES OBOLUTSA

Principal Magistrate to Kenya shillings two million (Ksh. 1000, 000), with effect from 1st February, 2010.

Dated the 20th January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1924
THE MAGISTRATES’ COURTS ACT (Cap 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

CHARLES OBOLUTSA

Principal Magistrate to Kenya shillings two million (Ksh. 1000,000), with effect from 1st February, 2010.

Dated the 20th January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1925
THE MAGISTRATES’ COURTS ACT (Cap 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

EZRA AWINO

Senior Principal Magistrate to Kenya shillings two million (Ksh. 2000,000), with effect from 1st February, 2010.

Dated the 22nd January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1926
THE MAGISTRATES’ COURTS ACT (Cap 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

KIMWELE MUNEENI

Principal Magistrate to Kenya shillings one million (Ksh. 1000,000), with effect from 1st February, 2010.

Dated the 22nd January, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NTOICE NO. 1927
THE MAGISTRATES’ COURTS ACT (Cap 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERICISE of the powers conferred by section 5 (1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of-

ESTHER N. MAINA

Chief Magistrate to Kenya shillings two million (Ksh. 3, 000,000), with effect from 1st March, 2010.

Dated the 3rd February, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1928
THE MAGISTRATES’ COURTS ACT (Cap. 10)

INCREASE OF LIMIT OF JURISDICTION

IN EXERCISE of the powers conferred by section 5 (1) of the Magistrates’s Courts Act, the Chief Justice increases the limit of jurisdiction of-

EZEKIEL A. OBINA

Resident Magistrate to Kenya Shillings Five hundred thousand (Ksh. 500,000), with effect from 1st March, 2010.

Dated the 3rd February, 2010.

J.E. GICHERU,
Chief Justice

GAZETTE NOTICE NO. 1929
THE LOCAL GOVERNMENT ACT
THE WEST POKOT TRADE DEVELOPMENT JOINT BOARD

APPOINTMENT

IN EXERCISE of the powers conferred by paragraph 3 of the Local Government (West Pokot Trade Development Joint Board) Order, 1966, upon the Minister for Local Government and in pursuance of a direction given under section 38(1) of the Interpretation and General Provision Act (Cap 2), the Permanent Secretary, Ministry of Trade appoints-

Monica Chepkiyoch Endoo- (Chairperson)
District Commissioner, West Poko- (ex-officio),
District Trade Development Officer, West Pokot Branch– (Secretary)
Chairman, Kenya National Chamber of Commerce and Industry, West Pokot, Branch,
Reuben Kanyamus Limareng,

To be members of the West Pokot Trade Development Joint Board, for a period of three (3) years.

Gazette Notice no. 849 of 2006, is revoked.

ABDULRAZAQ A ALI,
Permanent Secretary,
Ministry of Trade.

GAZETTE NOTICE NO. 1931
THE POLICE ACT (Cap 84)

ESTABLISHMENT OF POLICE STATION

IN EXERCISE of the powers conferred by section 2 of the Police Act, the Commissioner of Police appoints

MAZIWA POLICE PATROL BASE

In Kasarani District within Nairobi Province (Map reference No. M/R BJ 369744), to be a Police Station, with effect from 22nd February, 2010.

Dated the 22nd February, 2010.

M.K. ITEERE,
Commissioner of Police

GAZETTE NOTICE NO. 2209

THE COURT OF APPEAL
EASTER VACATION 2010

THE Easter Vacation shall commence on 25th March 2010 and shall terminate on 13th April. 2010.

During the vacation the Registrar 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 18th February, 2010.

M.K. K. SEREM,
Deputy Registrar

GAZETTE NOTICE NO.2213

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDIANATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY
REPORT
FOR THE PROPOSED RESIDENTIAL DEVELOPMENT AND PETROL STATION ON L.R NO. KISUMU/BLOCK 7/197,
KISUMU TOWN

INVITATION OF PUBLIC COMMENTS

The proposed development will comprise construction of both a commercial building and a filling station.

The development will see the construction of a seven storey building on L.R No. Kisumu / Block 7/ 197, located within the town area of Kisumu off the main Oginga Odinga street on Kendu road at a distance of about 50 meters from the junction of Oginga Odinga street and Kendu road. The development will see the construction of:

Ground floor: filling station, garage, office, lubricant mart, gents and ladies.
First floor: Seminar hall, Offices, Gents and ladies
Second to sixth floor: Nine self contained rooms in each floor
Seventh floor: Restaurant

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

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

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

B.M. LANGWEN,
For Director- General,
National Environment Management Authority.

GAZETTE NOTICE NO.2214

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDIANATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRNMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY
REPORT
FOR THE PROPOSED KENYA POWER AND LIGHTING COMPANY KINDARUMA- MWINGI-GARISSA 132KV TRANSMISSION LINE

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 for the proposed KPLC Kindaruma- Mwingi- Garissa 132kV transmission line.
The proposed development will comprise construction of a new single circuit 132 kV transmission line between Kindaruma- Mwingi- Garissa power transmission, comprising the following:

132 kV line (Wolf) Kindaruma- Mwingi- 32km
132 kV line( Wolf) Mwingi- Garissa, 192 km

The proposed line will serve the greater districts of Mwingi in Eastern Province, Tana River in Coast Province, and Garissa in North- Eastern province and beyond.
The project anticipates the impacts and mitigation measures set out in the gazette

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

Director- General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O Box 67839-00200, Nairobi
Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F, Community, P.O Box 30521,Nairobi.
Provincial Environment Committee, C/o Provincial Director of Environment, North Eastern Province.
Provincial Environment Committee, C/o Provincial Director of Environment, Coast Province.
Provincial Environment Committee, C/o Provincial Director of Environment, Eastern Province.

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.

A.M. KARIUKI,
For Director- General,
National Environment Management Authority

GAZETTE NOTICE NO.2215

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDIANATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRNMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY
REPORT
FOR THE PROPOSED PINEAPPLE PLANTATION EXPANSION PROJECT ON PLOT NO. 10967 (MUKA MUKUU CENTRAL FARM) IN KYANZA VI DIVISION, MATUNGULU DISTRICT

INVITATION OF PUBLIC COMMENTS

The proposed project entails the following specific activities:

Clearing of the existing scattered coffee trees and/ or bushes
Construction of a road network to link the various parts of the fields and connect onto the main Ol DonyoSabuk- Tala road. The road construction shall be limited to grading and gravelling of existing roads, construction of feeder roads, upgrading of culverts where necessary
Excavation of trenches for the laying of irrigation water piping.
Laying of pipes and back filling.
Land preparation that includes ploughing using rippers, mould board ploughs and disc harrows.
Use of polythene mulch.
Planting of pineapples using pre-treated planting material transported from DKML main plantation.
Application of ground and foliar fertilizers to boost plant development
Carrying out pest control activities but practicing integrated pest management practices
Irrigation of the fields during the dry months of January- March and June- October using water extracted from Athi River and, boreholes and other water reservoirs(dams)
Harvesting of mature and ripe pineapples and
Transportation of pineapples to DMKL factory

The project site is from Muka Mukuu Farmers Co-operative Society Ltd in Ol Donyo Sabuk area, Kyanzavi Division, Matungulu District in Eastern province.
The project anticipates the impacts and mitigation measures set out in the gazette.

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

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

B.M. LANGWEN,
For Director- General,
National Environment Management Authority.

GAZETTE NOTICE NO.2216

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDIANATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRNMENT MANAGEMENT AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY
REPORT
FOR THE PROPOSED KAMITI HOUSING DEVELOPMENT ON L.R NO. 71/6
MAZIWA ESTATE, KAMITI ROAD, NAIROBI

INVITATION OF PUBLIC COMMENTS

The proposed development will compromise construction of 820 residential units of different sizes and designs ranging from two oto three bedroom units complete with associated external works.
The development has a frontage to Kamiti Road on L.R No. 71/6, Maziwa Estate off Kamiti Road, Nairobi North District.
The project anticipates the impacts and mitigation measures set out in the gazette.

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

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

B.M. LANGWEN,
For Director- General,
National Environment Management Authority.

GAZETTE NOTICE NO. 2220
THE LOCAL GOVERNMENT ACT
(Cap. 265)
THE TOWN COUNCIL OF KARURI

APPOINTMENT

IN EXERCISE of the powers conferred by section 260(1) of the Local Government Act, the Town Council of Karuri has appointed-

Madeline Mabaire Nganga
Martin Njenga Kinyajui

As Public Prosecutors in the Law Courts of Kenya, with effect from 1st January, 2010. As public prosecutors, they are mandated to handle all cases arising within the Council jurisdiction under both the Local Government Act and the Town Council by-laws and other statutes relevant to the Council Operations.
Dated 15th January, 2010
P.W.K MWAURA,
Town Clerk

GAZETTE NOTICE NO. 222I
THE LOCAL GOVERNMENT ACT
(Cap. 265)
THE COUNTY COUNCIL OF MBEERE
APPROVAL OF BY-LAWS
PURSUANT to section 205 of the Local Government Act, notice is given that the County Council of Mbeere has with the approval of Deputy Prime Minister and Minister for Local Government adopted the Council By-laws 2010, as specified in the gazette with immediate effect.
Dated the 22nd February, 2010.
NDURUMO WA GAKUI,
Clerk to the Council

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