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THE GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaper at the G.P.O.) Vol. CXXI —No. 90 , 19th July, 2019 Price Sh. 60 CONTENTS GAZETTE NOTICES PAGE

The Hydrologists Act-Appointments 2596 SUPPLEMENT Nos. 107, 108, 109, 110 and 111

The Water Act-Licensed Qualified Water Resource National Assembly Bills, 2019

Contractors for the Year 2019 2596-2604 PAGE

County Governments Notices 2604-2605,2620-2623 The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 833 The Land Registration Act-Issue of Provisional Certificates, etc 2605-2620 The Constitution of Kenya (Amendment) Bill, 2019 863

The Land Act-Intention to Acquire 2623 The Land (Amendment) Bill, 2019 873

The Pharmacy and Poisons Act-Appointment 2623-2624 The Banking (Amendment) Bill, 2019 879

The Companies Act-Intended Dissolution, etc 2624 The Parliamentary Pensions (Amendment) (No. 2) Bill, 2019 883 The Crops Act-Proposed Grant of Licences 2624

The Co-operatives Societies Act-Extension Order, etc 2625 SUPPLEMENT No. 112 The Physical Planning Act-Completion of Part Legislative Supplements, 2019 Development Plans 2625-2626 LEGAL NOTICE NO. PAGE The Environmental Management and Co-ordination Act- Environmental Impact Assessment Study Reports 2626-2628 108- The Private Security (General) Regulations, 2019 517 The Independent Electoral and Boundaries Commission Act-By-Elections, etc 2628-2630 SUPPLEMENT Nos. 106, 113 and 114 The Insolvency Act-Meeting of Creditors, etc 2630 Acts, 2019 The Transfer of Businesses Act-Business Transfer 2630 PAGE Revocation of Power of Attorney 2631 The Appropriation Act, 2019 563 Disposal of Uncollected Goods 2631 The Insurance (Amendment) Act, 2019 589 Loss of Policies 2632-2635 The Statute Law (Miscellaneous Amendments) Act, Change of Names 2635 2019 595

[2595

2628 THE KENYA GAZETTE 19th July, 2019

TREATMENT PLANT AT MAGADI TOWNSHIP FOR TATA Impacts Proposed Mitigation Measures CHEMICALS LIMITED IN COUNTY plumbing and lighting fixtures, marbles and INVITATION OF PUBLIC COMMENTS glass will be recovered for refurbishing and use in other projects. Pursuant to Regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the • Donate recyclable/reusable or residual National Environment Management Authority (NEMA) has received materilas to local community groups, an Environmental Impact Assessment Study Report for the above institutions and individual local residents or proposed project. home owners.

The proponent, Tata Chemicals Magadi Limited, is proposing to • Use of durable, long-lasting materials that establish a domestic wastewater treatment plant at Magadi Township will not need to be replaced as often, thereby in . The plant will comprise of three main components: reducing the amount of construction waste wastewater collection network, pumped waste water reticulation generated over time. network, waste water treatment plant and recycled water distribution network. • Use building materials that have minimal or no packaging to avoid the generation of The following are the anticipated impacts and proposed mitigation excessive packaging waste. measures: High water demand • Promptly detect and repair of water pipe and Impacts Proposed Mitigation Measures tank leaks. Storm-water, runoff • Surface runoff and roof water shall be • Ensure taps are not running when not in use. and soil erosion harvested and stored in underground reservoir for reuse. • Install a discharge meter at water outlets to determine and monitor total water usage. • A storm water management plan that minimizes impervious area infiltration by • Proper recycling of water from other uses use of recharge areas and use of detention for sprinkling dusty pavements. and/or retention with graduated outlet control structure will be designed. Increased energy • Ensure electrical equipment, appliances and consumption lights are switched off when not being used. Air quality • Ensure strict enforcement of on-site speed limit regulations. • Install energy saving fluorescent tubes at all lighting points instead of bulbs which • Sprinkle water to limit dust emission. consume higher electric energy.

• Provide workers with PPEs. • Install energy saving fluorescent tubes at all • Construction materials on site to be covered lighting points instead of bulbs which to prevent to be blown off by wind. consume higher electric energy. • Construction vehicles to comply with air Occupational health • Ensure the general safety and security at all quality regulations. and safety risks times by providing day and night security guards and adequate lighting within and Excessive noise and • Sensitize construction vehicle drivers and around the premises. vibration machinery operators to switch off engines of vehicles or machinery not being used. • Construction of a perimeter wall around the project area. • Sensitize construction drivers to avoid gunning of vehicle engines or unnecessary The full report of the proposed project is available for inspection hooting especially when passing through during working hours at: sensitive areas such as churches, residential area and apartment. (a) Director-General, NEMA, Popo Road, off Road, P.O. Box 67839-00200, Nairobi. • Ensure that construction machinery are kept in good condition to reduce noise (b) Principal Secretary, Ministry of Environment and Forestry, generation. NHIF Building, Community, P.O. Box 30126-00100, Nairobi. • Ensure that all generators and heavy duty equipment are insulated or placed in (c) County Director of Environment, Kajiado County. enclosures to minimize ambient noise levels. The National Environment Management Authority invites • The noisy construction works will entirely members of the public to submit oral or written comments within be planned to be during day time when most thirty (30) days from the date of publication of this notice to the of the neighbours will be at work. Director-General, NEMA, to assist the Authority in the decision making process of the plan. Increased solid • Use of an integrated solid waste waste generation management system i.e. through a hierarchy GEOFFREY WAHUNGU, of options: Source reduction, recycling, Director-General, composting and reuse, combustion, sanitary MR/6338023 National Environment Management Authority. land filling.

• Through accurate estimation of the sizes and quantities of materilas required, order GAZETTE NOTICE No.6613 materials in the sizes and quantities they will be needed, rather than cutting them to size, THE CONSTITUTION OF KENYA or having large quantities of residual THE INDEPENDENT ELECTORAL AND BOUNDARIES materials. COMMISSION ACT • Ensure that construction materials left over (No. 9 of 2011) at the end of construction will be used in other projects rather than being disposed off. THE ELECTIONS ACT • Ensure that damaged or wasted construction (No. 24"of 2011) materials including cabinets doors, 19th July, 2019 THE KENYA GAZETTE 2629

THE ELECTIONS (GENERAL) REGULATIONS, 2012 Monday, 19th August, 2019 and Tuesday, 20th August, 2019 and the nomination papers shall be delivered by the candidates BY-ELECTIONS FOR COUNTY ASSEMBLY MEMBERS FOR ABAKAILE, to the respective Returning Officer between the hours of eight , GANDA AND MUTONGUNI WARDS IN , o'clock in the morning and one o'clock in the afternoon and , AND COUNTY ASSEMBLIES, RESPECTIVELY, between the hours of two o'clock and four o'clock in the SCHEDULED TO BE HELD ON 17TH OCTOBER, 2019. afternoon at the place designated by the Commission. IN EXERCISE of powers conferred by Articles 84, 85, 88(4), 88 Disputes relating to or arising from nominations shall be (4) 177 (1) (a) and 194 (1) (a) and (c) of the Constitution of Kenya, 0) determined within ten (10) days of the lodging of the dispute sections 2, 5 (b), 13 (3),19, 25, 32, 38, 43 (5A) and 74 of the Elections Act, 2011 and Regulations 11(6), 12 (1) and (4) (c),13, 13B, 14 and with the Commission in any event not later than Thursday, 29th August, 2019. 15, Parts VIII and IX of the Election (General) Regulations, 2012, the Independent Electoral and Boundaries Commission gives notice that: (k) The campaign period for purposes of the 17th October, 2019 (a) Following the declaration of vacancy in the offices of by-election shall commence on, Monday, 19th August, 2019 Abakaile, Ganda, Loiyangalani and Mutonguni Wards vide and cease on Monday, 14th October, 2019 being 48 hours letters from the respective County Assembly Speakers dated before the by-election day. 1st March, 2019, 8th May, 2019, 8th May, 2019 and 12th June, (1) The campaign time shall run from 7.00 a.m. to 6.00 p.m. 2019, respectively, there shall be by-elections for Members of during the campaign period. the said County Assembly Wards on Thursday, 17th October, 2019. (m)Political parties and independent candidates shall appoint and submit to the Commission the names of their Constituency (b) Each political party intending to participate in the by-elections Elections Agents to the Commission on or before Wednesday, shall submit the names of the persons contesting in a party 2nd October, 2019. primary and the date of the party primary on or before Monday, 29th July, 2019. (n) The registration and revision of the register of voters for the said electoral areas is suspended until Monday, 4th November (c) A public officer who intends to contest in the said by-elections 2019. shall have resigned from public office within seven (7) days of the declaration of the said vacancies being 8th March, 2019, (o) If the by-elections are contested, the poll will take place on the 15th May, 2019, 15th May, 2019 and 19th June, 2019 for Thursday, 17th October, 2019. Abakaile, Ganda, Mutonguni and Loyangalani wards, respectively. NOTES

(d) The Commission shall publish, in the Gazette, the names of the 1. The attention of candidates and persons subscribing nomination persons contesting in a party primary and the date of the party papers is drawn to the provisions of Parts III, VIII and IX of the primary within seven (7) days of receipt of the names of the Election (General) Regulations, section 13 (2) and the First candidates. Schedule to the Leadership and Integrity Act (No. 19 of 2012) and Chapter Six of the Constitution of Kenya. (e) Candidates intending to participate in the by-elections as independent candidates shall not have been members of any 2. Every political party, candidate and every person who participates political party at least three months immediately before the in the election shall subscribe to and observe the Electoral Code of date of the by-elections. Conduct set out in the Second Schedule to the Elections Act, 2011.

(/) Political parties intending to present candidates in this election 3. A person-guilty of an election offence will be liable to the penalties shall, after its primaries resolve all intra-party disputes and imposed by the Election Offences Act, 2016 (No. 37 of 2016), the submit the list of persons nominated to contest in this election disqualifications imposed thereof and the Constitution of Kenya. to the Commission on or before the Tuesday, 13th August, 2019. 4. The attention of candidates and political parties is drawn to the provisions of section 43 (5A) of the Elections Act, 2011. (g) Candidates intending to participate in this election as independent candidates shall submit their names and symbols 5. The attention of candidates is drawn to the provisions of section 26 that they intend to use during the by-elections for purposes of of the Elections Act, 2011. nomination of independent candidates to the Commission on or before Monday, 29th July, 2019. 6. The attention of political parties, candidates and every person who participates in the election is drawn to section 2 of the Elections (h) The Commission shall publish in the Gazette, the names and Act, 2011 on the campaign period. symbols of persons intending to contest in the election as independent candidates at least fourteen (14) days before the Dated the 18th July, 2019. nomination day. W.W. CHEBUKATI, (i) The days for the nomination of political party candidates and Chairperson, independent candidates for the by-elections shall be on PTG/270/19-20 Independent Electoral and Boundaries Commission.

GAZETTE NOTICE No. 6614 THE CONSTITUTION OF KENYA THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT

(No.9 of 2011) THE ELECTIONS ACT (No. 24 of 2011) THE ELECTIONS (GENERAL) REGULATIONS, 2012

(L.N. 128/2012 and L. N. 72/2017)

APPOINTMENT OF RETURNING AND DEPUTY RETURNING OFFICERS FOR PURPOSES OF THE BY-ELECTIONS FOR COUNTY ASSEMBLY MEMBERS FOR ABAKAILE, LOIYANGALANI, GANDA AND MUTONGUNI WARDS IN GARISSA, MARSABIT, [(TUFT AND ASSEMBLIES, RESPECTIVELY, SCHEDULED TO BE HELD ON 17TH OCTOBER, 2019

IN EXERCISE of the powers conferred by Articles 88 (4) 177 (1) (a) and 194 (I) (a) and (c) of the Constitution, section 11 of the Independent Electoral and Boundaries Commission Act, 2011, sections 39 (1) and ( IA) (i) of the Elections Act, 2011 and Regulations 3 of the Elections (General) 2630 THE KENYA GAZETTE 19th July, 2019

Regulations, 2011, the Independent Electoral and Boundaries Commission appoints the Returning and Deputy Returning Officers named in the 8th column of the Schedule for purposes of the 17th October, 2019 By-election exercise to be held for County Assembly Members for Abakaile, Loiyangalani, Ganda and Mutonguni Wards in Garissa, Marsabit, Kilifi and Kitui County Assemblies, respectively. SCHEDULE

County County Constituency Constituency County Assembly County Assembly Designation Name of Officer Code Name Code Name Ward Code Name 003 Kilifi 016 077 Ganda Returning Officer Jumaa Musa Jumaa Deputy Returning Officer Raymond Kaingu Makazi 007 Garissa 030 Dadaab 0151 Abakaile Returning Officer Siyat What Deputy Returning Officer Hussein Hirab 010 Marsabit 048 Laisamis 0236 Loiyangalani Returning Officer Amina Jarso Deputy Returning Officer Wilson Lekidenye 015 Kitui 070 Kitui West 0346 Mutonguni Returning Officer Reuben Mutua Deputy Returning Officer Paul Ndoi

Dated the 18th July, 2019. W.W CHEBUKATI, PTG 270/19-20 Chairperson, Independent Electoral and Boundaries Commission.

GAZETTE NOTICE No. 6615 the undersigned to any creditor or contributory of the said company requiring such a copy on payment of regulated charge for the same. IN THE MATTER OF THE INSOLVENCY ACT, 2015 Dated the 20th June, 2019. AND B. W. KAMUNGE & COMPANY, IN THE MATTER OF COVE ENERGY KENYA LIMITED MR/6508142 Advocates for the petitioners. MEETING OF CREDITORS

NOTICE is given that a Meeting of Creditors of the above named GAzErrE NOTICE No.6617 Company will be held at the offices of Deloitte Consulting Limited at Deloitte Place, Waiyaki Way, Muthangari, Nairobi on Friday, 19th THE TRANSFER OF BUSINESSES ACT July, 2019 at 10.30 a.m. for the purposes of sections 406,407 and 408 (Cap. 500) of the Insolvency Act, 2015. MAPFLEX EAST AFRICA LIMITED Proxies to be used at the meeting must be lodged with the Company do Deloitte Consulting Limited at P.O. Box 40092-00100, (Company Number CPRI2O11150276) Deloitte Place, Waiyaki Way, Muthangari, Nairobi, not later than BusiNEssiltANsFER 12.00 noon on Tuesday, 16th July, 2019. NOTICE is given under the Transfer of Businesses Act (Chapter Particulars of the claim of all creditors, accompanied in the case of 500, laws of Kenya) that all the fixed and moveable assets and a secured creditor (unless he 'surrenders his security) with a statement inventory forming part of the business carried on by Mapflex East giving the particulars of his security, the date when it was given, and Africa Limited (Company Number CPR/201I /50276) the value at which he assess it, should also for voting purposes be ("Transferor") at building L.R. No. 209/11251, Airport North lodged at the above address before the meeting. A register of creditors Road, Industrial Area, P.O. Box 996-00502, Karen, Nairobi (the will be available for inspection at the above address. "assets"), will, subject to the fulfilment of certain conditions precedent, be transferred to Actiflex Limited (Company Number PVT-Y2UGP35) Dated the 1st July, 2019. ("Transferee") pursuant to the terms of an asset sale agreement DIREK WANGUDOMSUK, entered into between, inter alia, the Transferor and Transferee on MR/672204I Director. or about 28th May, 2019 (the "Agreement"). The address of the Transferee is at 16, Road, Industrial Area, P.O. Box 18001-00500, Nairobi, with a copy to GAZETTE NuncE No. 6616 Paras Shah do Coulson Harney, Advocates LLP, 5th Floor, ICEA Lion IN THE HIGH COURT OF KENYA AT NAIROBI Centre, Riverside Park, Chiromo Road, Nairobi, P.O. Box 10643 — 00400, Nairobi, Kenya (email: [email protected]). COMMERCIAL AND ADMIRALITY DIVISION The address of the Transferor is at building L.R. No. 209/11251, INSOLVENCY PETITION No. 5 OF 2019 Airport North Road, off Mombasa Road, P.O. Box 996-00502, Karen. IN THE MATTER OF INVESCO ASSURANCE COMPANY LIMITED In the event that the conditions precedent to the Agreement are fulfilled, the Transferee intends to use the assets to carry on its AND business from its premises. All money debts or liabilities due and owing by the Transferor in respect of the assets up to the date of IN THE MATTER OF INSOLVENCY ACT (NO. 18 OF 2015) transfer as set out above shall be received and paid by the Transferor. The Transferee will not assume nor is it intended to assume any AND liabilities incurred by the Transferor relating to the assets up to the date IN THE MATTER OF COMPANIES ACT, Cap. 486 (Now Repealed) of transfer.

PETITION FOR LIQUIDATION If the Agreement is not completed, this notice shall be void ab initio and shall be of no effect. NOTICE is given that a petition for the liquidation of the above mentioned company by the high court was on 17th December, 2018. Dated the 25th June, 2019. presented to the said court by Margaret Wambui Mwangi and 17 others MARK DE KROSSE, and the said petition is directed to be heard before the high court sitting Director, Mapflex East Africa Limited (Transferor). in Nairobi on the 3rd October, 2019 and any creditor or contributory of the said company desirous to support or oppose the making of an order KETUL TANNA, on the said petition may appear at the time of hearingin person or by his MR/6508328 Director, Actiflex Limited (Transferee). advocate for that purpose and a copy of the petition will be furnished by