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| Issue 4/2011 Newsletter Archive | Friday 28th January 2011 |

 
 
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CASE OF THE WEEK
 

Why the Bar Owners Lost High Court’s Bid

By Esther Nyaiyaki Onchana
Nairobi

“By stating that a person who was a manufacturer, importer, exporter, distributor or retailer of any alcoholic drink or the owner or manager of any premises contemplated under the Act, “shall, within nine months of such commencement, comply with the requirements of this Act,” did Parliament intend that there would be no regulatory law and policy in the manufacture, sale and consumption of alcoholic drinks over that transitional period of nine months?”
Murang’a Bar Operators Association Self Help Group v The Minister for State for Provincial Administration and Internal Security & 2 others [2011] eKLR

High Court of Kenya at Nairobi
Daniel Musinga J
January 24, 2011

The High Court thwarted a bid by Murang’a Bar Owners Association (the petitioner) to stop the implementation of the Alcoholic Drinks Control Act, Act No. 4 of 2010. Effectively violators of the Act risk facing stiff penalties sanctioned under the Act. The Act which came into force on November 22, 2010 seeks to establish a new regulatory regime for the manufacture, promotion, sale and consumption of alcoholic drinks and creates new alcohol-related offences.

Some of the salient provisions of the Act include section 7 which provides that all dealings in alcoholic drinks - whether sale, production, promotion, consumption etc – are to be done in accordance with the terms of a licence granted under the Act.

Section 9 provides for a very elaborate procedure for the application and granting of licences. The procedure involves several obligations on both the applicant and the Committee.

The Act also designates the National Campaign Against Drug Abuse Authority, popularly known as NACADA, as the ‘Relevant Agency’ under the Act for the purpose of advising the government on the enforcement of the Act.

In a ruling delivered on January 24 2011, Justice Daniel Musinga rejected the petitioner’s contention that compliance period of nine months stipulated by section 70 (b) the Act had not lapsed – therefore its members ought to freely sell alcoholic drinks without any hindrance.

 The High Court termed the petitioner’s interpretation of the section as unacceptable and observed that a contrary interpretation would cause untold chaos.  The judge further made a finding ruled that the petitioner failed produce evidence to show that the District Alcoholic Drinks Regulation Committees stipulated under the Act had not been established. 

Prior to this ruling the petitioners had obtained interim orders from High Court Justice Mwera which temporarily suspended the implementation of the Act commonly referred to as the “Mututho Rules”.

In the application brought against the Minister for State and Internal Security, the NACADA and the A-G, the petitioner alleged that the Act infringed on its Constitutional rights, particularly the right to property and the right against discrimination by the state.

The MP for Mathira Constituency, Servers of Health and Environment, a non-governmental organization that provides rehabilitative services for alcoholic and drug addiction and the Nakuru County Consultative Forum were enjoined to the suit as interested parties.

Mr. Mbuthia, counsel for the petitioner, submitted that the transitional provisions stipulated by section 70 (b), required his clients to comply with Act within nine months from the commencement date. That notwithstanding, the provincial administration had embarked on harassing the petitioner’s members for operating without licences.  He told the court the licensing committees established under Section 8 of the Act were yet to be constituted. It was not therefore possible for the petitioner’s members to obtain licences for 2011 following expiry of licences for 2010. 

Opposing the application, Miss Mbiyu representing the A-G, submitted that Act having come into operation necessitated compliance of the same by the petitioner’s members - including obtaining current licences.  She told the court that the District Alcoholic Drinks Regulation Committees had been established and therefore the applicants had reason for failing to apply for fresh licences.  The petitioner had not to produce evidence to prove the contrary. 

She further submitted that the section 70 (b) required that the Act be complied with within nine months from the date of its commencement and not at the end of nine months.  It did not however exempt operators from obtaining licences during the transitional period. 

While pointing out that Constitutional rights are not absolute but are subject to the greater public interest she asked the court to uphold Parliament’s intention in enacting the Act.  The objective of the Act found section 3 includes protection of the health of the individual in light of the dangers of excessive consumption of alcoholic drinks, protection of consumers of alcoholic drinks from misleading or deceptive inducements, protection of health of persons under the age of 18 years.

Mr. Njenga Mwangi for the interested parties, was of the view that the Alcoholic Drinks Control (Licensing) Regulations, 2010, provided for eleven categories of licences with different licence hours, conditions and exceptions.  Therefore an applicant could elect to apply for a licence with more operational hours. 

Justice Musinga identified with the submissions by the respondents and the interested parties. According to the court, the loss of hundreds lives due to consumption of adulterated alcoholic substances, economic loss; family break-ups informed the enactment of the alcohol control law.  The Act provided “a well thought out legal framework for regulation of production, sale and consumption of alcoholic drinks.”  The Court disagreed with the petitioner that the Act criminalized consumption of alcoholic drinks per se

The found that the petitioner’s Constitutional rights had not been infringed since the state was obligated to take legislative and policy measures to ensure that there was progressive realization of all guaranteed under Article 43 of the Constitution and including the right to health. To that extent reduction of the licence hours was not unconstitutional.

On the petitioner’s allegation that the Act encouraged discrimination against consumers of alcohol the court held that no material was placed before it in support of that allegation.  It was stated by the court that by providing the regulatory framework for production, sale and consumption of alcoholic drinks, Parliament could be accused of having discriminated against alcohol consumers.

As regards the licence hours for General Retail Alcoholic Drink Licence, the court ruled that they were aimed at ensuring that proper balance is struck between working hours and leisure hours so that those workers who partake in alcohol do not engage in its consumption during working hours. 

Turning to the provisions of Section 70(b) of the Act, the court confessed that its interpretation was difficult in light of the noble intentions of the Act.  By stating that a person who was a manufacturer, importer, exporter, distributor or retailer of any alcoholic drink or the owner or manager of any premises contemplated under the Act, “shall, within nine months of such commencement, comply with the requirements of this Act,” did Parliament intend that there would be no regulatory law and policy in the manufacture, sale and consumption of alcoholic drinks over that transitional period of nine months?

In answer to this question the court held that Section 69 of the Act repealed the Chang’aa Prohibition Act and the Liquor Licensing Act thereby regulatory the Alcoholic Drinks Control Act as the sole regulatory law.

In the court’s considered opinion it could not have been Parliament’s intention that in the intervening period between the repeal of the Liquor Licencing Act and the commencement date of the Alcoholic Drinks Control Act there would be no regulatory framework for sale and consumption of alcoholic drinks.  The court therefore rejected the petitioner’s contention that the officials of the 1st and 2nd respondents should let bar owners operate without any interference even in the absence of liquor licences as required by the Act. It was in the interest of the members of the petitioner to ensure that within the period of nine months from the effective date of the Act they comply with all the necessary requirements of the law. 


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SELECTED NOTICES FROM THE KENYA GAZETTE

Gazette Notice CXIII – No 10 Dated January 28,2011

GAZETTE NOTICE NO. 745
THE RATING ACT
(Cap. 267)
THE MUNICIPAL COUNCIL OF MOMBASA
APPOINTMENT OF VALUERS

IN EXERCISE of the powers conferred by section 7 of the Rating Act, the Deputy Prime Minister and Minister for Local Government,
approves the appointment of—

Wycliffe J. Mukhongo,
Robert J. Kigunda,
Barthlomew O. Ragalo,
Gidraph K. Mutugi,
Herman K. Kivunira,
Samuel O. Odiembo,
Richard M. Kiambi,

as valuers to prepare the Draft Valuation Roll for Municipal Council of Mombasa.

Dated the 17th January, 2011.

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


GAZETTE NOTICE NO. 746
THE RATING ACT
(Cap. 267)
THE MUNICIPAL COUNCIL OF MOMBASA
SITE VALUE RATE

IN EXERCISE of the powers conferred by section 4 (1) (b) of the Rating Act, the Deputy Prime Minister and Minister for Local
Government approves adoption by the Municipal Council of Mombasa of a “site value” for purposes of levying rates.

Dated the 17th January, 2011.

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


GAZETTE NOTICE NO. 747
THE VALUATION FOR RATING ACT
(Cap. 266)
THE MUNICIPAL COUNCIL OF MOMBASA
TIME OF VALUATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for
Local Government gives approval to the Municipal Council of Mombasa Resolution under Min. No. FGPC 26/2010 as follows:
“That the time of valuation for the Municipal Council of Mombasa’s Valuation Roll shall be 31st December, 2010”.

Dated the 17th January, 2011.

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


GAZETTE NOTICE NO. 748
THE VALUATION FOR RATING ACT
(Cap. 266)
THE MUNICIPAL COUNCIL OF MOMBASA
DECLARATION

IN EXERCISE of the powers conferred by section 6 of the Valuation for Rating Act, the Deputy Prime Minister and Minister for
Local Government declares that a “valuer in preparing any Draft Valuation Roll or Draft Supplementary Valuation Roll, need neither
value nor include in the roll the value of the land or the assessment for improvement rate, as required by paragraphs (c) and (e) respectively of this section”.

Dated the 17th January, 2011.

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


GAZETTE NOTICE NO. 749
THE STATE CORPORATIONS ACT
(Cap. 446)
THE JOMO KENYATTA FOUNDATION
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) of the State Corporations Act, the Minister for Education appoints—

Simon Masiea ole Kingi,
Muhidin Mohamed Sheik,
Sophia B. Lepuchirit,
Nathan Oyori Ogechi (Prof.),
Wanyonyi Reginalda Nakhumincha (Dr.),

to be members of the Board of the Jomo Kenyatta Foundation, for a period of three (3) years and revokes the appointment* of Julius
Mburugu, Harry Njoroge and Leah N. Wanjama (Dr.),

Dated the 31st December, 2011.

S. K. ONGERI,
Minister for Education.
*G.N. 488/2008.


GAZETTE NOTICE NO. 750
THE STATE CORPORATIONS ACT
(Cap. 446)
THE YOUTH ENTERPRISE DEVELOPMENT FUND ORDER,
2007
(L.N. 63 of 2007)
APPOINTMENT

IN EXERCISE of the powers conferred by section 5 (2) (e) (ii) of the Youth Enterprise Development Fund Order, 2007, the Minister for Youth Affairs and Sports appoints—

Janet Nkirote Mugo,
Thedius Bwire Ojiambo,
Leah Chepkoskei,

to be members of the Youth Enterprise Development Fund Board, for a period of three (3) years, with effect from 20th January, 2011.

Dated the 20th January, 2011.

P. N. OTUOMA,
Minister for Youth Affairs and Sports.


GAZETTE NOTICE NO. 751
THE HIGHER EDUCATION LOANS BOARD ACT
(Cap. 213A)
APPOINTMENT

IN EXERCISE of the powers conferred by part II, section 4 (e) to (h) of the Higher Education Loans Board Act, the Acting Minister for Higher Education, Science and Technology appoints—

Oliver M. Mugenda (Prof.)—the Chairperson of the Vice - Chancellors Committee for Public Universities,
Timothy Wachira (Prof.)—the Representative of Vice-Chancellors or Principals of the Private Universities,
Jacqueline Mugo (Mrs.)—the Executive Director of the Federation of Kenya Employers,
Richard Etemesi—the Chairman of the Kenya Bankers Association,

to be members of the Higher Education Loans Board, for a period of five (5) years, with effect from 28th December, 2010.

Dated the 20th January, 2011.

H. J. SAMBILI,
Acting Minister for Higher Education, Science and Technology.


GAZETTE NOTICE NO. 752
THE PERSONS WITH DISABILITIES ACT
(No. 14 of 2003)
THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (1) (g) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children and Social Development appoints—

JACKSON LOKWATOM EMURIA

to be a member of the National Council for Persons with Disabilities, for a period of three (3) years, with effect from 1st November, 2010.

Dated the 10th January, 2011.

N. N. SHABAN,
Minister for Gender, Children and Social Development.


GAZETTE NOTICE NO. 753
THE PERSONS WITH DISABILITIES ACT
(No. 14 of 2003)
THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
APPOINTMENT

IN EXERCISE of the powers conferred by section 4 (2) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children
and Social Development appoints—

JOHN S. HALAKE

to be Chairman of the National Council for Persons with Disabilities,for a period of three (3) years, with effect from 1st November, 2010.

Dated the 10th January, 2011.

N. N. SHABAN,
Minister for Gender, Children and Social Development.


. GAZETTE NOTICE NO. 755
THE CONSTITUTION OF KENYA
THE CRIMINAL PROCEDURE CODE
(Cap. 75)
APPOINTMENT

IN EXERCISE of the powers conferred by section 85 of the Criminal Procedure Code as read with section 31 (5) of the Sixth
Schedule to the Constitution of Kenya (Transitional and Consequential Provisions), and pursuant to section 260 of the Local Government Act, the Attorney-General appoints—

SIMON MAINA WAMAITHA

to be a public prosecutor for the purpose of all cases arising under the Local Government Act, or under any other by-law made by City Council of Nairobi, whether under that Act or otherwise.

Dated the 21st January, 2011.

S. A. WAKO,
Attorney-General.

GAZETTE NOTICE NO. 757
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
APPOINTMENT

IN EXERCISE of the powers conferred by section 117 of the Environmental Management and Co-ordination Act, the Director-
General of the National Environmental Management Authority has appointed the following persons named in the first column below as Environmental Inspectors, in the jurisdictional units given in the second column.

The Environmental Inspectors shall perform duties specified in section 117 (2) and (4) of the Act and shall have powers specified in sections 117 (3) and 118 of Environmental Management and Coordination Act.

Name of Environmental Inspector                           Jurisdiction
Agnes K. Wambua                                             Countrywide
Barasa Michael Kisiang’ani                                 Countrywide
Catherine Wanjiru Thaithi                                    Countrywide
Cecilia N. Nyambu                                              Countrywide
Humphrey Etemesi                                             Countrywide
Jeremia Wahome Mwangi                                   Countrywide
Kimetei Kipchirchir Isaac                                    Countrywide
Maureen Njeri                                                    Countrywide
Molu Wato                                                        Countrywide
Oras Murithi Stephen                                         Countrywide
Osiemo Ngira Herrony                                       Countrywide
Parnwell Juma Simitu                                        Countrywide
Regina Kerubo Ondiko                                      Countrywide
Samuel Okoth Ondeng                                      Countrywide
Siaji James                                                        Countrywide
Veronica Wanjiru Maina                                      Countrywide
Caroline Wangari Kihara                                    Countrywide
Franklin O. Ouma                                              Countrywide
Jackson M. Muturo                                           Countrywide
John S. Maniafu                                               Countrywide
Kenneth Jumba A.                                             Countrywide
Molu Huqa Arbale                                             Countrywide
Ezekiel M. Moseri                                              Countrywide
Osoro N. Naftaly                                               Countrywide
Anne Muringi                                                     Countrywide
Marrian M. Kioko                                               Countrywide
Oloo Vincent Ochieng’                                       Countrywide
Esther Titi Mwita                                                Countrywide
Andrew Ng’ang’a                                               Countrywide
Nyandoro Josiah Joshua                                   Countrywide
Leonard Ofula                                                   Countrywide
Salim Bashir                                                      Countrywide

to be Environmental Inspectors with Jurisdiction in the areas shown here above.

Dated the 12th January, 2011.

AYUB MACHARIA,
for Director-General.


GAZETTE NOTICE NO. 761
THE TRUST LAND ACT
(Cap. 288)
SETTING APART OF LAND

NOTICE is given that the land described in the schedule hereto has been duly set apart in accordance with provisions of Part IV of the Trust Land Act, for the purpose specified in the said schedule.

SCHEDULE
  Place.— MARUNGU/MKAMWASI – MWANDA, WUNDANYI
  Purpose.— CHILDREN’S ORPHANAGE
  Area.—  404.71 hectares approximately.

Description of Land:

This land is situated approximately 28Km metre/kilometer to the NW of Wundanyi Township. The boundaries are demarcated on the
ground and are described as follows:

Starting from point PI, which is an IPC from which SH 1084 and SH1186 are 2200m and 1650m metre distant on bearing 276º00´00´´ and 160º30'00", respectively, thence for a distance of 200.39 m on a bearing of 115º 24' 51" to point P2 which is an 1PC; thence for a distance of 186.94m on a bearing of 116º 42' 08" is point P3 – 1 PC; thence for a distance of 200.81m on a bearing of 107º 59' 02" to point P4 – 1 PC; thence for a distance of 319.04m on a bearing of 90º 53' 53" to point P5 – 1 PC; thence for a distance of 337.32m on a bearing of 78º 53' 24" to point P7 – 1 PC; thence for a distance of 279.04m on a bearing of 55º30'45" to point P8 – 1 PC; thence for a distance of 1499.10m on a bearing of 97º 07' 30" to point P9 – 1 PC; thence for a distance of 882.57m on a bearing of 63º 31' 32" to point P10 – 1 PC; thence for a distance of 556.36m on a bearing of 243º 59' 15" to point
P11 – 1 PC; thence for a distance of 1186.14m on a bearing of 309º 58' 21" to point P12 – 1 PC; thence for a distance of 1539.61m on a bearing of 274º 25' 59" to point P14 – 1 PC; thence for a distance of 453.08m on a bearing of 170º 36' 00" to point P16 – 1 PC; thence for a distance of 138.96m on a bearing of 214º08'51" to point P17 – 1 PC; thence for a distance of 97.12m on a bearing of 286º45'21" to point P18 – 1 PC; thence for a distance of 231.08m on a bearing of 240º 26' 23" to point P19 – 1 PC; thence for a distance of 274.00m on a bearing of 270º 12' 33" to point P20 – 1 PC; hence for a distance of 279.32m on a bearing of 240º 19' 45" to point P21 – 1 PC; hence for a distance of 170.31m on a bearing of 204º05' 15" to point P22 – 1 PC; thence for a distance of 339.56m on a bearing of 209º 30' 11" to point P23 – 1 PC; thence for a distance of 261.20m on a bearing of 217º 13' 15" back
to point P1. All bearings given above are magnetic.A plan of the area may be inspected at the office of the District Commissioner

Dated the 24th December, 2010.

Z. A. MABEA,
Commissioner of Lands.


GAZETTE NOTICE NO. 1040
THE COUNCIL OF LEGAL EDUCATION (KENYA SCHOOL OF
LAW) REGULATIONS, 2009

PURSUANT to regulation 13 of the Council of Legal Education (Kenya School of Law) Regulations, it is notified that the following 21

(twenty one) persons—

Asewe George Robert,
Ayoma Albert Ongoso,
Biwott Gloria Ciya,
Cheruiyot Carolyne Chelangat,
Iraki Peter Njoroge,
Isiaho Sarah Oneya,
Kadhua Jimmy Kahindi,
Kamau Wambui
Kariuki, Daisy Agnes Wambui,
Kasmani Nazima,
Kiragu Christopher Murimi,
Kisaka Hellen,
Kitilit Juddie Cheyech,
Mapesa Wilson Awitty,
Mbaka Erastus Mwaniki,
Mokua James Kiage,
Muthundo Sera Wanjiru,
Mwangi Wanjiku Anne,
Nyabiosi Moseti Vincent,
Ondimu Andrew Onserio,
Onyango Jackson Awele,

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

Dated the 20th January, 2011.

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


GAZETTE NOTICE NO. 713
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED MUSAGA–WEBUYE 132 KV
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 of the proposed transmission line.

The proposed development entails installation and commission of a metal based (steel pylon) 132kV transmission line to replace the
existing 132kV transmission line on wooden poles whose lifespan has almost elapsed.

The proposed project will cover a distance of 16.35 km. with ROW of 30m which is equivalent to 48.9hectares parcel of land between Musaga and Webuye.

The anticipated impacts and proposed mitigation measures are set out in the gazette.

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

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

B. M. LANGWEN,
for Director-General.

 

GAZETTE NOTICE NO. 714
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED DEVELOPMENT OF A HOUSING ESTATE
ON L.R. NO. 10426/45, 46, 47 AND 48, MAVOKO
MUNICIPALITY, ATHI RIVER DISTRICT
INVITATION OF PUBLIC COMMENTS

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

The proposed development comprises construction of 736 units with 512 units being two bed roomed and 224 units being three
bed roomed apartments/flats (grand total of 736). The development will comprise 92 blocks of flats, constructed to four levels (ground floor and three upper floors) with two flats on each floor, thus a total of 8 flats in each block. The low cost development will be carried out in eight phases.

The proposed project comprises of four plots registered on L.R.Nos. 10426/45, 46, 47 and 48 and is located just outside Athi River
town, Athi River district.

The following are the anticipated impacts and proposed mitigation measures:

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

(a) Director-General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O.
Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Eastern Province.
(d) District Environment Officer, Machakos 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. 715
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED PETROL OIL KENYA, VOI SERVICE
STATION ON L.R. NO. 25020, VOI TOWN
INVITATION OF PUBLIC COMMENTS

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

The proposed service station to be constructed will include the following:

  •  An administration block comprising of changing rooms, parts shop, store, toilets, service bay, car washing bay and tyre

 centre.

  •  A building blocks comprising of generator house, service bay, toilets and stores.
  •  Underground storage tanks (USTs), product lines, vents and dispenser system located on two islands.
  •  Parking area and drive ways.
  •  Drainage system, sewer system, septic tank, soak away pit and oil interceptors.
  •  Pressurized air and water points.
  •  Entrance and exit signage and price display sign board.
  •  Perimeter fence.
  •  Deceleration and acceleration lanes.
  •  Flower verges.
  •  Eating and resting stands.

The proposed service station is to be located at the junction of Nairobi–Mombasa Highway and road to Voi Town about 1km to the
south of the town on Plot No. LR. 25020.

The impacts and mitigation measures are set out in the gazette

The full report of the proposed project is available for inspection during working hours at:
(a) Director-General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O.
Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Coast Province.
(d) District Environment Officer, Taita Taveta 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. 716
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
STRATEGIC ENVIRONMENT ASSESSMENT REPORT FOR THE
TAVETA TOWN EXPANSION, TAVETA
INVITATION OF PUBLIC COMMENTS

1. Proposed developments in the Taveta master plan The proposed developments include: Residential; high, medium
and low density, industrial; light and heavy industrial, education;nursery, public primary, public secondary and private school,
polytechnic and media training, recreational; public parks, stadium and playgrounds, public purpose; town hall, cultural centre, library, health centre, provincial administration, law court, children’s home,community centre, police posts, churches, mosques, dispensary,KPLC, fire station tree planting, Christian cemetery, Muslim cemetery,immigrations department, KRA inland depot, public utilities; water reservoir (dams), sewerage treatment plant waste dumpsite and extension to air strip, commercial, business cum residential, hotels,business cum residential and open air market, transportation, petrol station and bus station.

2. Alternative options
The strategic environmental assessment considered the following alternatives:
(a) Enterprise and employment alternatives: Balance brownfield and greenfield development will meet the combined
development and environmental objectives with the population needs best served while minimizing environmental impact.
(b) Town centre alternatives: Emphasis on the vibrancy and vitality of the town centre to achieve compactness and
appropriate population benefits while best using material assets.
(c) Waste water management alternatives: Use of septic tanks and waste water treatment plant.
(d) Analysis of alternative construction materials and technology:

The proposed infrastructure projects will be constructed using modern, locally and internationally accepted materials to
achieve public health, safety, security and environmental aesthetic requirements.
(e) Solid waste management alternatives: Source reduction,recycling, reuse and composing of the waste, combustion and
sanitary land filling.
3. Affected parties consulted
The following list outlines the parties that may be affected and interested in the proposed Taveta Town expansion.
(a) Government institution/officials and NGOs.
(b) Ordinary citizens, local community representatives (Community leaders and community members).
4. Affected areas
(a) Human health: Human health can be impacted upon by the lack of provision of community facilities, amenities and infrastructure to support new developments.
(b) Wildlife sites and rivers/lakes:
(i) The water quality status of Tsavo River, Lumi River and Lake Jipe catchments in Taveta and the possibility of future
pollution may significantly impact upon the biodiversity,flora and fauna of lake.
(ii) Increased development pressures as a result of the growth of Taveta Town may also impact upon the wildlife sites,
significantly adversely impacting upon the ecological connectivity among these sites.
5. Anticipated impacts and mitigation measures are set out in the gazette

The full report of the proposed project is available for inspection during working hours at:
(a) Director-General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O.
Box 67839–00200, Nairobi.
(b) Provincial Environment, Committee, c/o Provincial Director of Environment, Coast Province.

The National Environment Management Authority invites members of the public to submit oral or written comments within sixty
(60) 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. 1050
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED KENYA MEDICAL ASSOCIATION
ESTATE ON L.R. NOS. 28183, 28184 AND 28185, MLOLONGO
AREA—OFF MOMBASA ROAD, MACHAKOS DISTRICT
INVITATION OF PUBLIC COMMENTS

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

The proposed development is a residential estate consisting of 154 housing units, a commercial centre, a health club and a nursery school.

The proposed project site is located on L.R. Nos. 28183, 28184 and 28185 in Mavoko, off Mombasa Road. The property (plots) covers approximately 11.188 Hectares (28 Acres). The plots are generally rectangular in shape. Each housing unit will occupy approximately 400 – 1000m2.

The anticipated impacts and proposed mitigation measures are set out in the gazette.

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

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

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


GAZETTE NOTICE NO. 1051
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED TULAGA FILLING STATION ON L.R. NO.
NYANDARUA/KITIRI/1347, NYANDARUA
INVITATION OF PUBLIC COMMENTS

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

The proposed filling station will consist of:

  •  Structural steel canopy.
  •  Concrete driveway to provide access into and from the petrol station.
  •  A service bay, service yard and a tire centre for vehicles’maintenance
  •  4 no. of toilet-rooms for men and ladies.
  •  A parking for six vehicles.
  •  Store.
  •  Septic tank.
  •  An interceptor tank.
  •  Underground storage tanks as follows: for Diesel-30,000 litres,Super Petrol-20,000 litres and Kerosine-10,000 litres.
  •  4 no. of fuel-dispensing pumps.

 

The proposed Tulaga Oil Service Station will be located at Engineer Shopping Centre, along Njabini-Ol Kalou road and about
100 Km from Nairobi. It will be located on plot number Nyandarua/Kitiri/1347, measuring 1.02 ha.

The anticipated impacts and proposed mitigation measures are set out in the gazette

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

(a) Director-General, the National Environment Management Authority (NEMA), Kapiti Road, off Mombasa Road, P.O.
Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Central Province.
(d) District Environment Officer, Nyandarua 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.

.

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