Is KDN winding up? * * KLR WEEKLY e-NEWSLETTER | Issue 6/2011 Newsletter Archive <http://www.kenyalaw.org/newsletter/> | Friday 11th February 2011 | Case of the Week<https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#12e22d5604d906e0_case_of_the_week>| Kenya Gazette Notices<https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#12e22d5604d906e0_legal_notices>| Forward this newletter<http://www.kenyalaw.org/lists/?p=forward&uid=273f06009a7914e4af80738a45f1c990&mid=111> CASE OF THE WEEK *APPOINTMENT TO THE JUDICIAL SERVICE COMMISSION DOES NOT BAR ONE FROM ENGAGING IN LEGAL PRACTICE* By Njeri Githang’a Kamau - Advocate *In The Matter Of Winding Up of Kenya Data Networks Limited [2011] eKLR (** www.kenyalaw.org* <http://www.kenyalaw.org/>*) * High Court of Kenya at Nairobi Muga Apondi J. February 9, 2011 *“There has not been any legislation so far to bar any Commissioner from performing his or her former functions and hence there must be a clear distinction between what the law is and what the law ought to be.”* There is no law in the country that bars members to the Judicial Service Commission from actively engaging in legal practice. Mr. Justice Muga Apondi so ruled in a court matter where Mr. Ahmed Nasir Abdulahi was representing the petitioner in a winding up suit involving Kenya Data Networks Limited. His Excellency President Kibaki had appointed among others Mr. Ahmed Nassir Abdulahi and Mrs. Florence Muoti Mwangangi to serve on the Judicial Service Commission through a special issue of the Kenya Gazette No. 16956 published on December 31, 2010. The petitioner in the winding up cause had engaged the services of the firm Ahmed Nassir, Abdikadir & Co. Advocates, where Mr. Ahmed Nassir serves as a partner, before his appointment to the Judicial Service Commission. The respondent Kenya Data Networks Limited was represented by Mr. Philip Murgor. Mr. Philip Murgor argued that the appointment of Mr. Ahmed Nassir to the Judicial Service Commission barred him from actively engaging in legal practice because potentialy conflict of interest would arise. He conceded the fact that the Law Society of Kenya held elections to select its representatives and that all the members were free to avail themselves as candidates. He also conceded that the parliamentary committee on Justice and Legal Affairs had tabled before Parliament the report on the approval of nominees of the Judicial Service commission. The report was considered on December 22, 2010 and was subsequently adopted by Parliament. However, Mr. Murgor told the High Court that the report set out the members of the committee and among the members was Mr. Abdikadir Ahmed, a consultant in the firm representing the petitioner in the matter. Mr. Murgor also referred the High Court to a section of the report which recommended that Parliament should consider formulating legislation to address the possibility of conflict of interest of an advocate who was in active legal practice and serving as a member of the Judicial Service Commission. According to Mr. Murgor when the two advocates, Mr. Ahmed Nassir Abdulahi and Mrs. Florence Muoti Mwangangi were appointed by the President it was based on the conditions of approval. He was of the view that the mere possibility or appearance of influence had to be considered by the court. In his submissions, Mr. Sagana representing Mr. Ahmed Nassir, expressed uncertainty on whether Mr. Murgor was seeking the Court for Mr. Ahmed Nassir to cease being a partner in the law firm Ahmed Nassir, Abdikadir & Co. Advocates. Mr. Sagana pointed out that the Judicial Service Commission was tasked with setting out the requirements for its members while advocates adhered to given conditions of practice. According to Mr. Sagana there was no Constitutional provision which precluded Mr. Ahmed Nassir from actively practicing law. On the nomination of Mr. Ahmed Nassir, although Parliament had conceded that there was need for legislation to address the any potential conflict of interest; Mr. Sagana was of the view, that at the time of nomination Parliament did not impose any conditions for advocates who were in active legal practice and who were interested in serving in the Judicial Service Commission. Mr. Sagana wondered whether the argument raised by Mr. Murgor could be stretched to the Attorney General, who was also a member of the Judicial Service Commission. He concluded by stating that the issues raised were meant to delay the hearing of the winding up suit. The High Court presided by Mr. Justice Muga Apondi considered the opposing submissions by the two advocates and admitted that it had received two letters from both advocates on record and decided not to consider the correspondence sent to the court. The court emphasized that that position was deliberately taken and was meant to shield the court from any influence by extraneous matters. Mr. Justice Muga Apondi noted that historically the membership of Judicial Service Commission was restricted but, after a lot of agitation and enhancement of the democratic space in the country, the Commission had been expanded under the new Constitution to incorporate principles of transparency and accountability in the formation of its membership. The current Constitution requires representation to the Judicial Service Commission to include members from the Law Society of Kenya, the Civil Society and representatives from various echelons of the judiciary to reflect these principles. In his ruling Justice Muga Apondi stated the court was not privy to any complaints relating or directed at any of the new Commissioners who had already take oath of office. The High Court highlighted that hitherto there was no legislation to bar any Commissioner from performing his or her former functions. Further there was no law barring any Commissioner from engaging in legal practice before appointment to the Judicial Service Commission. On the Report of the Departmental Committee on Justice and Legal Affairs on the Approval of Nominees to the Judicial Service Commission which made certain recommendations referred to by Mr. Murgor, the High Court held that those recommendations did not form part of the Laws of Kenya. In conclusion the High Court urged the advocates appearing in the petition to focus their minds and energies on the substantive issues to give room to the court to decide the case on its own merit. * Download Full Text of This Judicial Opinion*<http://kenyalaw.org/Downloads_FreeCases/80401.pdf> SELECTED NOTICES FROM THE KENYA GAZETTE *Kenya Gazette Vol.CXII – No. 14 Dated February 11,2011* *GAZETTE NOTICE NO. 1276* *THE VALUE ADDED TAX ACT* *(**Cap. **476)* *APPOINTMENT* IN EXERCISE of the powers conferred by section 32 of the Value Added Tax Act, the Deputy Prime Minister and Minister for Finance appoints— Joseph Kamande Muiruri—(*Chairman*), Samuel Manzi Maluki, Gaulke Micah Obbayi, Peter Opande, Roselynn Oranga Esonga, to be members of the Value Added Tax Appeals Tribunal, for a period of three (3) years, with effect from 1st January, 2011. Dated the 14th December, 2010. UHURU KENYATTA, *Deputy Prime Minister and Minister for Finance.* * * *GAZETTE NOTICE NO. 1277* *THE KENYA INSTITUTE OF ADMINISTRATION ACT* *(**No**. 2 **of **1996)* *APPOINTMENT* IN EXERCISE of the powers conferred by section 5 (1) (*g*) of the Kenya Institute of Administration Act, 1996, the Minister of State for Public Service appoints— William Wilberforce Busolo, Shellomith Lydiah Bobotti, to be members of the Kenya Institute of Administration Council, for a period of five (5) years, with effect from 1st March, 2011. Dated the 2nd February, 2011. D. O. ANYANGO, *Minister of State for Public Service.* * * *GAZETTE NOTICE NO. 1278* *THE STATE CORPORATIONS ACT* *(**Cap**. 446)* *THE EXPORT PROMOTION COUNCIL* *APPOINTMENT* IN EXERCISE of the powers conferred by section 6 (1) (*e*) of the State Corporations Act, the Minister for Trade appoints— ALOIS NDERI to be a member of the Board of Directors of the Export Promotion Council, for a period of three (3) years, with effect from 1st January, 2011. Dated the 20th January, 2011. C. A. MWAKWERE, *Minister for Trade.* * * *GAZETTE NOTICE NO. 1279* *THE STATE CORPORATIONS ACT* *(**Cap**. 446)* *THE KENYA SUGAR RESEARCH FOUNDATION* *APPOINTMENT* IN EXERCISE of the powers conferred by section 6 (1) (*e*) of the State Corporations Act, the Minister for Agriculture appoints— VIRGINIA MATHENGE (MRS.) to be a member of the Board of the Kenya Sugar Research Foundation, for a period of three (3) years, with effect from 14th January, 2011. Dated the 8th February, 2011. S. J. KOSGEI, *Minister for Agriculture.* * * *GAZETTE NOTICE NO. 1280* *THE PERSONS WITH DISABILITIES ACT* *(**No**. 14 **of **2003)* *THE NATIONAL DEVELOPMENT FUND FOR PERSONS WITH* *DISABILITIES* *APPOINTMENT* IN EXERCISE of the powers conferred by section 34 (1) (*c*) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children and Social Development appoints— JUSTIN B. MUTURI to be a member of the Board of Trustees of the National Development Fund 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. 1281* *THE CHEPKOILEL UNIVERSITY COLLEGE ORDER* *(**L.N**. 125 **of **2010)* *APPOINTMENT* IN EXERCISE of the powers conferred by section 11 (1) (*h*) and (*i*) of the Chepkoilel University College Order, 2010, the Acting Minister for Higher Education, Science and Technology appoints— Korwa G. Adar (Prof.), Donald Buigut Kimutai, Fatuma Hirsi Mohammed, to be members of the Chepkoilel University College Council, for a period of three (3) years, with effect from 4th February, 2011. Dated the 4th February, 2011. H. J. SAMBILI, *Acting Minister for Higher Education,* *Science and Technology* *GAZETTE NOTICE NO. 1281* *THE CHEPKOILEL UNIVERSITY COLLEGE ORDER* *(**L.N**. 125 **of **2010)* *APPOINTMENT* IN EXERCISE of the powers conferred by section 11 (1) (*h*) and (*i*) of the Chepkoilel University College Order, 2010, the Acting Minister for Higher Education, Science and Technology appoints— Korwa G. Adar (Prof.), Donald Buigut Kimutai, Fatuma Hirsi Mohammed, to be members of the Chepkoilel University College Council, for a period of three (3) years, with effect from 4th February, 2011. Dated the 4th February, 2011. H. J. SAMBILI, *Acting Minister for Higher Education,* *Science and Technology.* * * *GAZETTE NOTICE NO. 1282* *THE KARATINA UNIVERSITY COLLEGE ORDER* *(**L.N**. 163 **of **2010)* *APPOINTMENT* IN EXERCISE of the powers conferred by section 11 (1) (*h*) and (*i*) of the Karatina University College Order, 2010, the Acting Minister for Higher Education, Science and Technology appoints— James Wachira, Tejpal S. Bedi, Jemutai Grace Kemei, to be members of the Karatina University College Council, for a period of three (3) years, with effect from 4th February, 2011. Dated the 4th February, 2011. H. J. SAMBILI , *Acting Minister for Higher Education,* *Science and Technology.* * * *GAZETTE NOTICE NO. 1283* *THE ANTI-COUNTERFEIT ACT* *(**No**. 13 **of **2008)* *THE ANTI-COUNTERFEIT AGENCY* *APPOINTMENT* IN EXERCISE of the powers conferred by section 6 (1) (*l*) of the Anti-Counterfeit Act, 2008, the Acting Minister for Industrialization appoints— STEPHEN MALLOWAH to be the Executive Director for the Anti-Counterfeit Agency, for a period of three (3) years, with effect from 3rd January, 2011. Dated the 9th February, 2011. A. J. KINGI, *Acting Minister for Industrialization.* * * *GAZETTE NOTICE NO. 1284* *THE TRANSPORT LICENSING ACT* *(**Cap. **404)* *WITHDRAWAL OF DELEGATED POWERS* IN EXERCISE of the powers conferred by section 3 (15) of the Transport Licensing Act, the Transport Licensing Board withdraws the powers and authority that it delegated to the Registrar of Motor Vehicles and to officers mandated by the Registrar to grant or renew Transport Licensing Board (TLB) Licences. Gazette Notice No. 812 of 2005, is revoked. Dated the 9th February, 2011. H. A. M. OLE KAMWARO, *Chairman, Transport Licensing Board.* * * *GAZETTE NOTICE NO**. 1245* *THE ENVIRONMENTAL MANAGEMENT AND* *CO-ORDINATION ACT* *(**No**. 8 **of **1999)* *THE NATIONAL ENVIRONMENT MANAGEMENT* *AUTHORITY* *ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT* *FOR THE PROPOSED STANDARD PETROL STATION FOR* *NATIONAL OIL CORPORATION OF KENYA ON PLOT NO.* *209/12298 ALONG NANYUKI ROAD, INDUSTRIAL AREA,* *NAIROBI* *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 standard petrol station. The project will comprise a service station, restaurant, mini-mart,station office, lubricants/spare parts shop, store and a service pit. In addition, such facilities will go along with waste water system- septic,soak pit, and storm water drain. There shall be three pumps, two for diesel and one for petrol. The proposed Petrol Station will be located in Industrial area along Nanyuki Road-Tanga road junctions in Nairobi on plot No. 209/12298. 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.* MR1216472 *GAZETTE NOTICE NO**. 1246* *THE ENVIRONMENTAL MANAGEMENT AND* *CO-ORDINATION ACT* *(**No**. 8 **of **1999)* *THE NATIONAL ENVIRONMENT MANAGEMENT* *AUTHORITY* *ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT* *FOR THE PROPOSED FILLING STATION ON RUIRU EAST* *BLOCK 1/T. 866 AND 867* *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. The proposed development involves construction of a filling station comprising of: - 5 dispensing pumps (2 for petrol, 2 for diesel and 1 for kerosene). - 3 underground storage tanks; a canopy; tire centre. - Office block (lubricants shop, reception, office, and toilets). The proposed project site will be on plots no. Ruiru East Block 1/T.866 and T.867 measuring 0.5 Ha and .0.0640 ha respectively and located along Thika- Nairobi Highway about 2 kilometers from Ruiru town at a place called Kihunguro. The anticipated impacts and proposed mitigation measures are set out in te 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, Thika East/West District. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. A. M. KARIUKI, *for Director-General,* *National Environment Management Authority.* * *MR1216391* * *GAZETTE NOTICE NO**. 1247* *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 SERVICE STATION AND* *GARAGE/WORKSHOPS ON PLOT L.R. NO. 7882/10 IN LIMURU* *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 service station and garage/workshops. The designed service station will have the following components: - 4 No. underground fuel storage tanks interconnected to 4 No.fuel dispensing pumps (3 No. dispensing pumps under the canopy and one outside on a concrete plinth on the periphery of the forecourt area; - A tyre centre; - Washing bay; - A parking to accommodate comfortably about 10 vehicles; - A main service station building with ground floor for shop, storage for petroleum related or associated products such as lubricants, tyres etc and upper floor which provides room for offices; - LPG shed; - Toilets, changing room block; - A generator/compressor room. The proponent also proposes to establish some garages and workshop facilities. The proposed development shall be located on Plot L.R No 7882/10, Municipal Council of Limuru, along Limuru road. 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, Thika East/West District. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the approval process of the project. B. M. LANGWEN, *for Director-General,* *National Environment Management Authority** .* MR1216117* * *GAZETTE NOTICE NO**. 1248* *THE ENVIRONMENTAL MANAGEMENT AND* *CO-ORDINATION ACT* *(**No**. 8 **of **1999)* *THE NATIONAL ENVIRONMENT MANAGEMENT* *AUTHORITY* *ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT* *FOR THE PROPOSED LIQUEFIED PETROLEUM GAS (LPG)* *FILLING PLANT ON PLOT L.R. NO. NOONKOPIR TRADING* *CENTRE/429, KITENGELA AREA, KAJIADO 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 LPG filling plant. The proposed project involves the installation of 1No. storage tank and a cylinder filling shed. The LPG filling plant will be located off Athi River–Namanga Road, in Kitengela area, Kajiado District. The site is on L.R. No.Noonkopir trading centre/429. 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, Rift Valley Province. *(d) *District Environment Officer, Kajiado. 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* MR1232073 * * *GAZETTE NOTICE NO**. **1489* *THE LOCAL GOVERNMENT ACT* *(**Cap**. 265)* *THE COUNTY COUNCIL OF OLKEJUADO* *APPOINTMENT* NOTICE is given that the County Council of Olkejuado at their Annual General meeting held on 12th August, 2010 *vide *Min. No.01/2010 appointed the following to represent the Council in various Board meetings. *Purka Land Control Board:* Cllr. Timothy Sayiore. Cllr. James Lesere. Oloolaiser Land Control Board: Cllr. Samuel G. Maina. Cllr. George Sunkuyia. Justus Manyara. *Isinya Land Control Board:* Cllr. Jonathan Shankah. Cllr. Samuel Tupet. *Loitokitok Land Control Board:* Cllr. Risie Parmuat. Cllr. Lemomo Lonina. *District Education Board—(Central):* Cllr. John Parshenke. Cllr. John Matinta. *District Education Board—(North):* Cllr. Dennis Kuya. Cllr. Daniel Partari. *District Education Board—(South):* Cllr. Daniel Lekeni. Cllr. Simon Metito. *Trades Loan:* Cllr. Elijah Metian. Cllr. Daniel Lekeni. Cllr. Nteri Kipaika. Dated the 19th November, 2010. LIVINGSTONE MELOMPUKI, *for Clerk to Council.* * * *SUPPLEMENT No. 4* *Legislative Supplement* LEGAL NOTICE NO. 6—The Kenya Trade Network Agency Order, 2010 *SUPPLEMENT No. 5* *Bills, *2011 The National Construction Authority Bill, 2011. *SUPPLEMENT No. 6* *Legislative Supplement* LEGAL NOTICE NO. 7—The National Youth Council Act—Guidelines on the Election of Youth Representatives to the National Youth Council. *SUPPLEMENT No. 7* *Legislative Supplement* LEGAL NOTICE NO. 8—The Universities Act—The Mount Kenya University Charter *SUPPLEMENT No. 8* *Legislative Supplement* LEGAL NOTICE NO. 9—The Protected Areas Order, 2011 *.* back to top<https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#12e22d5604d906e0_top> The National Council for Law Reporting Milimani Commercial Courts Building, Ground Floor<http://maps.google.co.ke/maps?hl=en&ie=UTF8&ll=-1.292774,36.813472&spn=0.002177,0.002411&z=19> P.O Box 10443 - 00100, Nairobi Kenya. 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