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| Issue 35/2011 Newsletter Archive | Monday 05th September 2011 |

 
 
Case of the Week | Kenya Gazette Notices | Forward this newletter
 
 
 
CASE OF THE WEEK

REVISITING THE S.M OTIENO CASE

By Petronella Mukaindo

Awakening the ghosts in the S.M. Otieno Case

(IN MEMORY OF THE LATE WAMBUI OTIENO)

“In the social context prevailing in this country, the person who is the first in line of duty in relation to the burial of any deceased person is the one who is closest to the deceased in legal terms. Generally, the marital union will be found to be the focus of the closest chain of relationships touching on the deceased. Therefore whoever can prove this fundamental proximity in law to the deceased has the colour of right of burial, ahead of any other claimant.”(Justice Ojwang in Njoroge vs Njoroge & Another).


This ruling made well over fifteen years after the famous SM Otieno case is testimony as to how judicial interpretation regarding burial disputes has evolved in Kenya over the years.

As the curtain falls on the late freedom fighter Wambui Otieno's life, she will be remembered by many especially so the legal fraternity whose name leaves behind a legal precedent that will be echoed many years to come in the burial disputes in Kenya-the controversial  S.M. Otieno case. The more than two decades old case that has been subject of academic and social debates will for a long time act as a reference point and a case study on the evolution of jurisprudence regarding burial disputes in Kenya.  It remains significant as it is the first high profile case in the history of legal burial disputes in Kenya and the first one that expressly curtailed the right of a widow to decide where her deceased husband should be buried. Since the conclusion of the case in the year 1987, jurisprudence regarding burial disputes in Kenya has continued to grow in leaps and bounds.

The S.M. Otieno case

The celebrated case of Virginia Edith Wambui v. Joash Ochieng Ougo and Omolo Siranga (1982-88)1 KAR (commonly referred to as the S.M. Otieno Case) involved a prominent Nairobi lawyer called S.M. Otieno who passed away in 1986 without leaving a will. Immediately upon his death, his widow Wambui Otieno embarked on making burial arrangements to inter her husband in Ngong. However, the husband’s clan, Umira Kager wanted to bury his body in Nyalgunga Nyanza which was his ancestral home in accordance with the Luo customs. The matter led to a dispute that ended up in the High Court. The widow prayed for a declaration that she was entitled to claim her husband’s body and bury it on their farm at Upper Matasia, Ngong near Nairobi. Frank Shields J. (as he then was) issued an injunction restraining the brother of the deceased and the Umira Kager clan elders from burying the deceased at the ancestral lands of the clan. The clan immediately appealed against the ruling and the Court of Appeal set aside the ruling and orders of the lower court. The case was then taken for a full trial at the High Court where a three-judge panel, this time presided over by Justice Bosire gave the body of the deceased jointly to both parties to be buried in Nyanza. The widow unsuccessfully appealed against this decision finally bringing to an end the legal tussle that had span for six months.

The Court in this case upheld the Luo customs and traditions stating that the wife had no duty to bury him and that in the absence of customary law, the duty could only lie with the personal representative of his estate. The court stated in part. “……there is no way an African citizen of Kenya can divest himself of the association with the tribe of his father if those customs are patrilineal. It is thus clear that Mr Otieno having been born and bred a Luo remained a member of the Luo tribe and subject to the customary law of the Luo people.”

A subsequent ruling in Pauline Ndete Kinyota Maingi v. Rael Kinyota Maingi (Civil Appeal No. 66 of 1984) dismissed provisions of a will and upheld the Kamba customary law; the deceased’s custom. The court ruled that: “…before wishes of an African citizen of Kenya who has made a will directing where his mortal remains should be interred could be given effect to, the executor of his will must prove that the African custom was repugnant to justice and morality or inconsistent with written law, otherwise, such wishes would not be given effect to.”

The position regarding wills as to burial sites was later to be developed in the case of Eunice Moraa Mabeche and Another v Grace Akinyi (High Court civil case No. 2777 of 1994). In this case, the court validated the wishes of the deceased and underlined the right of an individual to make a will. The dispute involved the widow to the deceased and some members who had agreed that the deceased be buried at a Muslim cemetery in conformity with Islamic rights. The deceased’s mother on the other hand insisted that he be buried in Kisii as a Christian and insisted that the deceased had never converted to Islam.

This case was similar to the Kaittany case delivered in the same year.  In the Kaittany case (Sakina Sole Kaittany & Another v Mary Wamaitha) [1995] eKLR, the courts upheld the common law principle that there can be no property in a dead body, that a person cannot dispose of his body at will and that after the death, the custody and possession of the body belonged to the executors until it was buried.
In the absence of a will regarding preferred burial site, courts have upheld the traditional customs so long as these were not repugnant to justice and morality or to a written law. This was the case in Kandie and  2 others vs Cherogony [2002]2KLR , whereby the court seemingly applied the ruling in S.M Otieno case and upheld the Tugen customary law provision that a man had to be buried by his father and family members at his ancestral home. The court stated that there was no evidence that such custom was inconsistent with any written law.

This reasoning was later to be echoed in Salina Soote Rotich v Caroline Cheptoo & 2 Others (Civil Appeal No. 48 of 2010) whereby the court upheld Keiyo customary law that made it a taboo for a man to be buried at his in-laws.

Courts were later to determine that besides the customary laws and traditions, other circumstances surrounding the death and life of the deceased had to be considered like the relationships of the claimants to the deceased. In the year 1996, the Court of Appeal in the case of Edwin Otieno Ombajo v Martin Odera Okumu [1996] eKLR stated that the right to bury the body of a married woman under Luo customary law ordinarily rested with her husband but that the said right was not absolute. Such customary law right could be impugned by unbecoming conduct on the part of the person on whom it rested. The court in this case stated that the wording of section 3(2) of the Judicature Act gave flexibility to the administration of justice as courts were empowered and had discretion to weigh all circumstances of a case before coming to a decision. The section provided thus:

 “ The High Court, the Court of Appeal and all subordinate courts shall be guided by African customary law in civil cases in which one or more of the parties is subject to it or affected by it, so far as it is applicable and is not repugnant to justice and morality or inconsistent with any written law, and shall decide all such cases according to substantial justice without undue regard to technicalities of procedure and without undue delay.”

Similarly in the recent case of Charles Onyango Oduke & another v Samuel Onindo Wambi [2010] eKLR the High Court accorded the wish of a deceased woman to be buried at a place of her choice. The court was guided by the earlier case of James Apeli and Enoka Olasi v. Prisca Buluka(Civil Appeal No. 12 of 1979)  where the court had allowed the widow’s wishes to bury the body of the deceased in accordance with the deceased’s oral will. In his judgment, S Eric Law had stated in part:-

“..if the deceased has left directions as to the disposal of his body, though these are not legally binding on his personal representatives, effect should be given to his wishes as far as this is possible…The duty of disposing of the body falls primarily on the executor…”

Lady Justice Ali Aroni in this case observed that the conduct and attitude of the husband towards the deceased and their family to be such that they were undeserving to bury Veronica’s remains and they could thus not claim customary right. The court considered evidence that the defendants had throughout the deceased’s life mistreated and banished the deceased whereupon she had established a home in Kakamega and that on many occasions had made it known to her family and friends her wish to be interred in Kakamega.
As to whether a wife of a deceased person had the first right and duty to decide on his husband’s burial, courts seem to have diverged from the judicial reasoning in the S.M Otieno case. In Njoroge v Njoroge & Another (2004)1KLR, Justice Ojwang ruled that marital status was more relevant to burial and that ‘it was the marriage regime rather than the succession regime that should prevail in determining questions of burial.’ The court thus found that the applicant’s claim to the body of the deceased was not as ‘strong and authentic’ as the respondents’ claim.

Though the law regarding burial disputes has evolved from the S.M. Otieno case in the 80’s, more still needs to be done to consolidate the legal position and clearly depict the place of customary law in such cases. Perhaps it is high time that Kenya legislated on the area of burial which has become a burgeoning field of modern day litigation just like in succession matters. This could perhaps nip most of these disputes at the earliest of stages.

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SELECTED NOTICES FROM THE KENYA GAZETTE

Kenya Gazette Vol. CXIII – No. 87 Dated September 2, 2011

GAZETTE NOTICE NO. 10552
THE SCIENCE AND TECHNOLOGY ACT
(Cap. 250)
APPOINTMENT

IN EXERCISE of the powers conferred by part 15 (1) (f) of the Science and Technology Act, the Minister for Agriculture appoints —

Silvery B. B. Oteng’i (Prof.),
Eliud K. Kireger (Dr.),

to be members of the Board of Management of the Kenya Agricultural Research Institute, for a period of three (3) years, with effect from 23rd August, 2011.

Dated the 23rd August, 2011.

S. J. KOSGEI,
Minister for Agriculture.


GAZETTE NOTICE NO. 10553
THE PYRETHRUM ACT
(Cap. 340)
APPOINTMENT

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

SOLOMON S. BOIT

to be Chairman of the Board of Management of the Pyrethrum Board of Kenya, for a period of one (1) year, with effect from 28th August, 2011.

Dated the 23rd August, 2011.

S. J. KOSGEI,
Minister for Agriculture.


GAZETTE NOTICE NO. 10554
THE KENYA MARITIME AUTHORITY ACT
(No. 5 of 2006)
APPOINTMENT

IN EXERCISE of the powers conferred by section 6 (1) (d) of the Kenya Maritime Authority Act, 2006, the Minister for Transport appoints —

SILVESTER KATUTA

to be members of the Kenya Maritime Authority Board of Directors, for a period of three (3) years, with effect from the 21st August, 2011.

Dated the 17th August, 2011.

AMOS KIMUNYA,
Minister for Transport.


GAZETTE NOTICE NO. 10555
TASK FORCE ON THE REALIGNMENT OF THE EDUCATION
SECTOR TO THE NEW CONSTITUTION
EXTENSION OF TIME

IT IS notified for the general information of the public that the Minister for Education has for the purposes of finalizing the review and re-alignment of the education training and research sector to the Constitution extend the time of Task Force on the realignment of the Education Sector to the New Constitution established vide Gazette Notice No. 1063 of 2011, for an additional two months, with effect
from the 1st August, 2011.

Dated the 15th August, 2011.

S. K. ONGERI,
Minister forEducation.


GAZETTE NOTICE NO. 10556
THE STATE CORPORATIONS ACT
(Cap. 446)
THE NATIONAL CO-ORDINATING AGENCY FOR
POPULATION AND DEVELOPMENT (NCAPD)
APPOINTMENT

IT IS notified for general information that pursuant to Gazette Notice No. 68 of 2004, cited as the National Co-ordinating Agency for Population and Development Order, 2004, section 5 (2) (c) and (3), the Minister of State for Planning, National Development and Vision 2030 has appointed —

Lorna Yimbiha Ottaro,
Edward Mburugu (Prof.),

to be members of the National Co-ordinating Agency for Population and Development, for a period of three (3) years, with effect from 1st September, 2011.

Dated the 30th August, 2011.

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


GAZETTE NOTICE NO. 10557
OFFICE OF THE PRIME MINISTER
MINISTRY OF STATE FOR PLANNING, NATIONAL
DEVELOPMENT AND VISSION 2030
THE POVERTY ERADICATION COMMISSION
APPOINTMENT

IT IS notified for general information that the Minister of State for Planning, National Development and Vision 2030, has appointed the following as members of the Poverty Eradication Commission for a period of 3 years effective from 25th August, 2011, constituted vide Gazette Notice No. 2295 of 1999.

Lt. Gen. John Koech,
William Onyango,
Zubeir N. Hassan,
Hassan M. Aress,
Joseph Musaa,
Jarso G. Mokku,
Boniface M. Ikonze,
Isabella Karanja (Ms.),
Elsie Mulanda (Ms.),
Esther J. Maindi (Ms.),
Julia C. Kerubo (Ms.),
Wilson Kipkazi,
Samuel K. Wanjohi,
Permanent Secretary, Ministry of State for Planning, Nation Development and Vision 2030,
Permanent Secretary, Ministry of Finance,
Permanent Secretary, Ministry of Youth Affairs and Sports,
Commissioner of Social Services, Ministry of Gender, Children and Social Development,

The Terms of Reference of the Commission are as presented in the Gazette Notice No. 2295 of 1999.

Dated the 25th August, 2011.

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


GAZETTE NOTICE NO. 10558
THE LAND CONTROL ACT
(Cap. 302)
APPOINTMENT

IN EXERCISE of the powers conferred by section 5 of the Land Control Act, the Minister for Lands appoints the persons named in the third column of the Schedule to be members of the Land Control Board specified in the second column.

This notice supersedes all other notices published there before under this section, with respect of the board mentioned in the second column.

SCHEDULE


RIFT VALLEY PROVINCE

District

Board

Name of Person

Keiyo South

Keiyo South

District Commissioner—(Chairperson)
District Agricultural Officer
District Land Registrar
Cllr. Laban Bartono
Cllr. Fredrick Sang
Edward K. Orgut
Nancy J. Kipkemoi
William Kiplagat
Margaret Chemjor
Philip K. Chumo
Monica Chemase Lagat

Dated the 16th August, 2011.
JAMES ORENGO,
Minister for Lands


GAZETTE NOTICE NO. 10559
THE WEIGHTS AND MEASURES ACT
(Cap. 513)
APPOINTMENT OF INSPECTORS

IN EXERCISE of the powers conferred by section 54 (1) of the Weights and Measures Act, the Minister for Trade appoints —

Michael Myamwamu Onyancha,
Salesio Paul Njiru,
Joseph Stom Musonye,
Musa Wellington Mose,
Raphael Mugo Gichora,
Wycliffe Muhanga Mudogo,
Ashford Kithinji Kiruja,
Daniel Nyaga Kienge,
Michael Onyango Okang’a,
Benjamin Mwatha Waithaka,
Hezron Obado Ogano,
Vincent Ibrahim Obasi Onchoke,
Evans Mwaura Muigai,
Grimmie Kephers Ndika,
John Ngugi Mwaura,
Waswa Wanyama Muchele,
John Kagotho Maina,
Nicholas Irungu Kiai,
Julius Christopher Nyamu,
John Bukhebi Wamwana,
Lydia Kaari Kabucha,
James Musembi Maingi,
Kalama Masha Konde,
Francis Namuswa Mutibo,
Thomas Salim Onyancha,
Benedict Sibukho Bwire,
Dalton Mwakina Mwakulegwa,
Mary Karimi Njagi,
Benson Njai Njoroge,
Michael Mwaniki Ngaari,
Amos Tama Luvai,
Philip Alfayo Naibei,
Dinah Machora,
Youston Andrew Kihamba,
Jacob Mutua Mwinzi,
Pknia Henry Kiboi,
Benard Ihura Maina,
Paul Kamuiru Kamau,
Benard Wambua Kimeu,
Elizapahan Orina Motende,
Benard Kipyegon Sigei,
James Nyotu Gathua,
Samuel Wanjiru Kamonjo,
Joseph Kiprono Yegon,
Tobias Oluoch Nyakiamo,
Hannington Boaz Atepe,
Douglas Njeru Njagi,
Peter Mathenge Kilungya,
Daniel Odiwuor Awi,
Zacharia Langat Kipkorir,
Erick Kamau Ndeke,
Shaban Haji Musumba,

to be inspectors for purposes of the Act, with effect from 1st January, 2011.

Dated the 10th August, 2011.

C. A. MWAKWERE,
Minister for Trade.


GAZETTE NOTICE NO. 10560
THE TRAFFIC ACT
(Cap. 403)
APPOINTMENT

IN EXERCISE of the powers conferred by section 3 (2) of the Traffic Act, the Registrar of Motor Vehicles appoints the following officers —

Davis O. Nyamache,
Nelson M. Mwangala,
Ephraim M. Mwangi,
Josephat Njoroge,
Tom Bosire,
John Waweru,
James Kibugi Muthee,
Henry Ainga Ominde,
Jannifer Nabwire,
Samuel Abuga,
Charles Kitonyi,
Walter Otiso Osoro,
Paul Ithau,

to be licensing officers with effect from 1st September, 2011.

The appointment by Gazette Notice No. 8014 of July, 2011, is revoked.

Dated the 25th August, 2011.

FRANCIS MEJA,
Registrar of Motor Vehicles.


GAZETTE NOTICE NO. 10561
THE COPYRIGHT ACT
(No. 12 of 2001)
DECLARATION OF A COLLECTING SOCIETY

IN EXERCISE of the powers conferred by section 46 (2) of the Copyright Act, 2001, the Kenya Copyright Board declares Kopiken – the Reproduction Rights Society of Kenya to be a collecting society
for literary authors and publishers, for a period of one year, with effect from 1st June, 2011.

Dated the 12th August, 2011.

MARISELLA OUMA,
Executive Director,
Kenya Copyright Board.
HENRY CHAKAVA,
Chairman,
Kenya Copyright Board.


GAZETTE NOTICE NO. 10562
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 the provisions of part IV of the Tust Land Act, for the purposes specified in the said schedule.

Place.—Mitangoni, Mariakani, Kaloleni District.
Purpose.—Commercial
Area.—10.12 approximately (25 acres)
Description of land:

The land is situated approximately 8.5 kilometres to the northwest of Mariakani Township. The boundaries are demarcated on the ground and are described as follows:

Starting from a point “A” which is a IPC from which spotheight 228 and spot height 225 are 3,800 metres and 5,200 metres distance on bearing of 164° 30' 00" and 187° 25' 00", respectively.

Thence for a distance of 322.00 metres on a bearing of 296° 27' 59" to point NA1–1PC; thence for a distance of 65.00 metres on a bearing of 17° 15' 04" to point NA2–1PC; thence for a distance of 265.00 metres on a bearing of 288° 00' 00" to point NA3–1PC; thence for a distance of 33.00 metres on a bearing of 19° 00' 00" to point NS3–1PC; thence for a distance of 100.00 metres on a bearing of 357° 01' 09" to point NS4–1PC; thence for a distance of 100.00 metres on a bearing of 07° 59' 58" to point NS5–1PC; thence for a distance of 150.00 metres on a bearing of 26° 35' 49" to point NS6–1PC; thence for a distance of 61.00 metres on a bearing of 22° 45' 40" to point NS7–1PC; thence for a distance of 159.00 metres on a bearing of 112° 45' 40" to point NS8–1PC; thence for a distance of 447.10 metres on a bearing of 202° 45' 40" to point RM4–1PC; thence for a distance of 35.00 metres on a bearing of 335° 45' 49" to point RM3–1PC; thence for a distance of 13.50 metres on a bearing of 07° 31' 59" to point F3– 1PC; thence for a distance of 68.00 metres on a bearing of 116° 27' 59" to point F3–1PC; thence for a distance of 68.00 metres on a bearing of 116° 27' 59" to point F2–1PC; thence for a distance of 90.50 metres on a bearing of 26° 27' 59" back to F1–1PC.

All bearing given above are magnetic.

A plan of the area may be inspected at the office of the District Commissioner, Kaloleni.

Dated the 19th August, 2011.

Z. A. MABEA,
Commissioner of Lands.
MR8042911


GAZETTE NOTICE NO. 10839
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED CONSTRUCTION OF A BIOMASS POWER
GENERATION STATION AT NG’AMBO LOCATION, MARIGAT
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 construction of a biomass power generation station project.
The project proposes to establish an 11.5 MW biomass gasification electricity plant in Ng’ambo Location of Marigat District to produce electricity from Prosopis juliflora for mini-grid rural electrification and supply for main grid.

The proposed project activity is located in Marigat location, sub location Ng’ambo, in Baringo District, Rift Valley Province.

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), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Rift Valley Province.
(d) District Environment Officer, Baringo 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.

O. Z. OUMA,
for Director-General,
National Environment Management Authority.
MR8042696


GAZETTE NOTICE NO. 10840
THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION ACT
(No. 8 of 1999)
THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY
ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT
FOR THE PROPOSED CONSTRUCTION OF A BIOMASS POWER
GENERATION STATION AT MWAVUMBO LOCATION –
KINANGO 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 construction construction of a biomass power generation station project.
The project proposes to produce 11.5MW from Prosopis juliflora which will be generated and used to serve companies around Mariakani area while the surplus power will be fed to the national grid through power purchase agreement (PPA).

The main power generating plant boiler and furnace will be located on L.R No. 11492/222 & 1 while auxiliary services will be set up on land provided by the community or outsourced to the community altogether. The site is about 1.6 km from KALUWORKS/MRM factories. Graphically, the site is in Kalalani sub-location, Mwavumbo location, Mariakani division in Kinango District plot L.R.11492/222.

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), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Coast Province.
(d) District Environment Officer, Kwale 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.

O. Z. OUMA,
for Director-General,
National Environment Management Authority.
MR8042696


GAZETTE NOTICE NO. 10841
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 FILLING STATION AND
COMMERCIAL DEVELOPMENT ON PLOT NO. NYARIBARI
MASABA/BONYAKONI/1362 & 1363, MASIMBA TOWNSHIP,
KISII SOUTH 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 filling station and commercial development.

The actual design of the proposed development will comprise of:

(a) Petrol filling station (approx.6.4 by 13.2M) —
(i) A canopy
(ii) Pumps to dispense petrol, diesel and kerosene
(iii) Three (3) underground storage tanks
(iv) Service oils cabinet
(v) Water access section
(vi) Petroleum inlet section
(vii) Oil gas vent pipes section
(b) Residential & Commercial development.

The proposed development is on two amalgamated plots on Plot Nos. Nyaribari Masaba/Bonyakoni 1362 & 1363 in Keroka-Nyangusu Road, Masimba which are approximately 0.04 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), Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi.
(b) Permanent Secretary, Ministry of Environment and Mineral Resources, N.H.I.F. Building, Community, P.O. Box 30521, Nairobi.
(c) Provincial Director of Environment, Nyanza Province.
(d) District Environment Officer, Kisii South 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.
MR8042690


SUPPLEMENT No. 94
Legislative Supplement
LEGAL NOTICE NO.
107—The Karatina University College (Amendment) Order, 2011.
108—The Kirinyaga University College Order, 2011.
109—The Wildlife (Conservation and Management) (Amendment) Regulations, 2011 .

SUPPLEMENT Nos. 95 and 96
Bills, 2011
The National Payment System Bill, 2011.
The Cancer Prevention and Control Bill, 2011.

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