GAZETTE NOTICE NO. 9157

NOTICE is given that an application under section 17 of the Mining Act has been made by Farjawa Shadau Ahmed, of P.O. Box 83870-80100, Mombasa, Kenya for a special licence to prospect for gemstones over an area deicribed in the schedule hereto and the said application has been accepted for consideration. By virtue of the above mentioned section of the Mining Act, the said area of land is therefore re-opened to prospecting and mining and by virtue of section 7 (1) (d) of the same. Act, the said area of land is excluded from prospecting and or mining except as regards any prospecting and mining rights granted in respect of the area or any prospecting and mining rights granted in respect of the area or any part thereof before the date of this notice which are subsisting or any right of renewal thereof. Any objection to the grant of the special licence may be made in writing and addressed to 'the commissioner of Mines and Geology, P.O. Box 30009-00100, Nairobi, Kenya to reach him within thirty (30) days from the date of publication of this notice. . An area of approcknately 1.0 equate kilometres sinned in Kwale District of •Cinst -PrOVthee, delineated on bhvea Into sheer Ref No. 19914 of scale 1:50,000 Ind more Onticohnty detraribod al *lbws: Commencing at point "A" grid. relbrence DF 894246; thence on a pridirearing of 260° ter a dinince Of approxiMintly 1.011m.46 point "Ergrid reference Dr.$1142114; diritanen a `grithening of 1$5.° Ibr a dentin of fly 1.0 km. to point °C" grid reference OF 886254; thence on a ;rid beating of 86° for a ; Online of apploximittely 1.0 km to point "D" grid nankin OP 895254; thence on * grid bar W 170°.for al digester of apptoximatety 1:0 Inn.' to - the point of commenontan. Dated the 25th Aeon, 2008.. L. KA/MOTT. editnitselinter ofUlna Mid Getilogy. GAzETTENO1iCEN0.9158 bliNINOACT (CU►. 306) APPLICATION FOR AN a/Ca:ESNS PROSPECTING LICENCE NOTICE is gives Ili pt appliation ender section 1$ (2) of the Mining Act has been made try. Maui. Swenson and Simonet Mine:ids ) Limited, of P Ba9t 25492-40603, Nairobi, Keay* tbr a eur4Osive for gemstones over's'', area in rite hereto and the said application las been fbr Consideration 81 virtue of sloth* 7 (I) (4) of the Mining Act, the said area of lands thentibm. ertchilledlinto porspecting and or mining except m Nde iny and rnisiog rights panted in mmect of die pet the date of this notice which any right rifitrisenahbereot to the pagt of enebisivenospeeting 1 may be to the conimissioner of Mines and , PO. hiss 100, *bad, Kenya to Minh tilniiiiidiin *MY (39)41tersturtnin of paldindion edition**, SclitbitLE Amara of approximilely 4.0 *Man kilometres inuated,in Thin Tante Dihrict 'Gnat delineated on KUM* wen sheer Ref. No. 199/1 of stale 50, me mare particolady drieribed as folions: A *riettlintece1W167539;*entiforra *lRisioe of appinxiontely 2.0 km. topoint 11117S311; the eee on a mid bearing of 180.* a of.appmviesetr 'Ant *taint *C" grid rtribreoce OF 587519; 'thence thin l#11 boating of 270° for a distance of appinsionely 2.0tu8lts Oh* mir grid reference 13F 567519; theme on a grid bearingisf BO° be a• of approximately 2.0 km. to the point otcommenctiond. DOW the 9th Most, L. K. BIWO'TT, Catatelselorter of Mines and Geology. OyoktTENoicia NO. 9/59 • THE cdorsitiOtvE SOCliTIES ACT (No. 12 0/1997) • INQUIRY ORDER WHEREAS 1 have on my own accord, decided that an inOuily be •had. the by-hrws; working tied Itittstehri" Conditions of Nyaki Falters Co-operishe Sinimy Lirdliad (CS/0843), and in aceordance Om Conlon $8 of the Co-opetenve Societies Act (No..12 of 1997). •140tv'therefOre, I nthorin (1) S. K.• Toren Co.ofethiloe Rated Dintict and (2). Mary Oleado (tills.). ,CO-Operntive" Amain, Nairobi District, to.hold an Inquiry twenty (29)-days from the - date thereof at snit plan and' time is may be expedient rind duly notified by them. s . • , The sucatiorrof Mt officers and numbest of the seamy irat direcen *the thileoling sem** of the 064ftritive Societies Act. Seethe 60 (1)—Cost of Miry. SectiOn 60 (2)—Recovery of nine of expanses. Section 73—Inquiry into the ainktet et Management Committee Section 94—Offences. Dated the 2nd Septentber, F, F. ODNIAbt110. COMICt erli6rCo.openitim4DevelopmenL GAZZEIE NOTICE NO. 9166 THE CO-OPERATIVE SOCIETIES ACT (No, 12 41997) INQuinvOntsit WRBREAS I have on my own neon, decided that an inquiry be held like the by-laws. waking and financial conditions of Lonmasego Sacco Society limited (CS13213); and in accontine with section:18 - of the Co-operative Societies Act (No. 12 of 1997). Now therefore, b arnhorin (1) Semite Ted, District Co-operative ` Auditor, Trans Nzoia District and (2) David Maine Co-operative Officer; Keticho District, to hold an iinetry within twenty (20) days from the date thereof at suck plan and time as may be expedient and duly nodfied by thent. The attention of all officers and memberinf the society is directed to the *Vowing *Miens of the Conpnittive Societies Act Sec** 60 (1)—Cost of inquiry. Section 60 (2)—Recovery of costs of Clifton:. Section 73—Inquiry into the conduct of Mingemeit Committee •Members. Section 94=Offences, Deane 2nd- "Septenber, 2008. F. F. ODIRAM110. Commisskmer for Co-opetutive Development. NOTICE NO.9161 /•ip Adirrocanss (ADMISSION/ REGULATIONS (1...N. 357 41991) •AfttrelinION PURSUANT to regulation 17 of the Adincates (Admissioe) Regithidetts, MS-notified that thelitliowilig 12 (twelve) protons — Baraza Marsha, Sultana Andrew Philiptwire,. Chentiyot Tiniethy ICiptimui, - Glebe* Mona, IGi tinni, Oikonyo Winn Warnbui, Hash* Amine Abell, hinge Enlytie Giiineki, • - •Kintani Grace Warinitha, LiddentRoth Chepitemei. Muchuki Pringle Mahon. /*silt Crodfrey Mikhayit, . ..hgettietr-Elenerd Kifteitioi, have complied with the provisions of section 13 of Me Advocates Act as to pdpilige and the passing "tit: exandintions histiltet to nth exemption as may have haul -011ie OM* -sribsentiOn (2). of the Meal* 16th Instetilber; 20011. K1.1LUNDO431TONYE, Director/Cbe I Executive and, Secretary, e,ounciloflagal F,ilmcatfon. GAzurrENoTicE No. 8939 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 WASTEWATER TREATMENT PLANT ON PLOT NO. 12270, 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 construction of wastewater treatment plant. The proposed project will entail construction of effluent treatment plant, pump hotise, laboratory, control mom, office, stores, sanitary facilities and waste receptable. The project will be located on plot L.R. No. 12270', Nairobi. roject anticipates the following impacts and mitigation The full report of the proposed project is available for inspection during working hours at: la) The Director-General, National Environment Management Authority, Kapiti Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (b)The Permanent Secretary, Ministry of Environment and Mineral Resources, National Hospital Insurance Fund Building, Community, 4th Floor, P.O. Box 30521, Nairobi. (c)Provincial Director of Environment, Nairobi Province. (4) District Enviroment Office, Nairobi East 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, National Environment Management Authority, to assist the authority in the approval process of the project. B. M. LANGWEN, for Director-General. National Environment Management Authority. GAZEI I e. NOTICE No. 8940' measures: Possible impacts Health and safety/ fire protection Mitigation measures •Adhereing to the provisions of the EHS plan. •Provision of personal protective equipment (PPEs). •Development of construction health policy. •Training workers on safe demolition methods and use of hand tools. THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE IMPLENTATION OF THE PROPOSED CONSTRUCTION OF 21 STOREY FIVE STAR HOTEL INVITATION OF PUBLIC COMMENTS •Provision of fire protection systems at sewer treatment plant. Air pollution • Sprinkling water on excavated areas during construction to reduce dust generation. •Monitoring of air quality. •Provision of breathing masks and other PPE's to workers. Solid and liquid waste • Putting in place a proper waste management management system to cater for demolition wastes. •Provision of constructed waste colleption points at the site. •Practicising waste segregation, recycling and reuse. •Channelling liquid waste to constructed sewer system for treatment. •Construction and maintenance of wastewater drainage system. Noise pollution • Minimization of noise and vibration during construction. •ConstruCtion activities will be during daytime. Saface water quality • Connecting drainage channels to open storm drain at parking bays and sewer _ treatment plant. •Monitoring the quality of waste water. Land/aesthetic quality • Landscaping after construction and continuous during operation. •Introduction of aesthetic and indigenous flora. 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 21 storey five star hotel. The proposed project will entail construction of a 21 storey five star hotel. The hotel will offer among others; conference services, entertainment facilities such as swimming pool, health clubs, food and drink catering, shops and offices for rental purposes. The proposed project will be located on L.R. No. 209/10342 off Loita Street and borders Barclays Plaza, Hotel Grand Regency and Nyati Douse. The project anticipates the following impacts and mitigation measures: Possible impacts Mitigation Measures Increased traffic jam • Transportation of materials to the site must consider rush hours. All big trucks should only deliver the materials at night. •In case of breakdown all efforts will be put in place to pull away trucks if not if not reparable. •Defective vehicles will not be used. •Traffic police will be always informed. •All vehicles will only carry recommended weights. Noise, dust and air • Switch off engines when not being used pollution • Generators to be well insulated or placed in enclosure to, minimize noise levels. •Screening/fencing the site to avoid spread of dust. •Workers will • be tested respiratory THE KENYA oAzerrt Posetbk Impacts IllIttgattan .Mensures disease* at-lerait once afar three months. •A tarpaulin will be used to cover the building during construction especially when doing the higher Welt •Workmen wilt;he provided with suitable protective gear. •The contractor must have woottmen's aomPeasation cover. •The contractor will provide safe drinking water for workers. Workforce accident and • Compliance to the provisions of the -Pneral priblic EHE management plan to safeguard workers. •Ptovide protective gear. ▪MI workers will be insured. •The contractor will adhere to the prevalent of the factory and other places of the work Act. •Put signs at the front and the rear of, the truck. •Notices at the sites warning people pee to 'accidents. ,s construction notification boards on all ends and lanes leading to the site. 'Arta tuanallUntaat•• Proper disposal of any waste to the tiesipated site agreed by C.C.N. Trucks transporting waste will be coveted se preVerit dusrpollution. •Waste will not be beyond the recommended trailer height •Itemised of sanitation faeilides. •Contract a duly registered garbage •Provide waste collection receptacles at sflesse. net of recyclable waste. •Train workers on waste management. Ineraised water demand • A demand versus supply survey should • be conducted for available water and peter -amply capacity. The N.CW.S.C. and K.P.L.C. will be contacted for this. loandIstion and maintenance oluiluratat •limper handling, storage and disposal of flailemble ntaterias and waste. will be provided for came ▪Regular fire drills. &Eider safety audits for electrical. Waste water • Connection to the NCWSC. •C33•410the hotel to stoma water drains The full report of the 'proposed project is available fo", inspection during working hours at: fa) The Dineer-General, National Environment Management AutheilY. Kahl Road, Off laloothasa Road, PO. Box 67839- 00200, Nairobi. (b) The Permanent Secretary, Ministry of Environment and Kemal Resonant, National Hospital Insurance Fund Building, ComMunity, dthlitior, P.O. Box 30521, Nairobi. (4' Provincial DIrector of Environmee, Nairobi Province. (d) District Faviroment office, Nairobi North District. The . National Environment Management AuthOrity- invites members of the public to submit oral or written comments within thirty (30) days from the /date of publication of this notice to the DireetorGenentl, National Environment Management Authority, to assist the authority in the approval process of the project. B. M. IANGWEN, -for Director-General, National Envirotuttent Management Anthorhy. GAzErraNariett No. 9162 - THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE IMPLEMENTATION OF THE PROPOSED TANNERY AND EFFLUENT TREATMENT PLANT AT MAVOKO 'MUNICIPALITY ON 1..R. NO. 337/613 INVITATION OF FUBUC COMMENTS PURSUANT to tepirdion 21 of. Environmental (impact Assesthent and Audit) -Replations. the Nattiest Environment Management Author* (IVEMA) has received an environmental impact assessment study report for the implemental** of proposed tannery and effluent bandwroot plant at Meade Municipality on L.R. No. 3371613, The proposed project consists of complete rehabilitation of an existing tannery and reconstruction ef an Misting effluent deaMilinf plant both of which are within bdavoke • - . The intake of the poise' is at Mayotte Municipality on L.R. No. 337/613. The project anticipates the following impacts and mitigation measures: Possible impacts • Mitigation Measures Public occupational • 'Provide lad enforce the use of .health and safety protective clothing 'or gear to all the workers, visitors and customers.' •Monitor health status of *otters regulady. •Ensure workers do not work while under the influence.of alcohol and drugs. blurs contented :snit secure storage and issue of chemicals. Trait woikent on chemical handling, much* and ecpaiment operation and servicing. '• •Safely dispose all solid and liquid wastes through incineration and the effluent treatment plant respectively. Surface and ground water • Ensure there is no leakage, seepage of pollution overflow of effluents front the factory and effluent treatment phij and or irdlow of surface, weer intaiff Etnntik aPProctriete civil and hydra:11k eattheetIns dasigna• •Install and operate equipment and use desips of effluent tremetot systems proven to operate and Meet World Health Organization standards" for • Possible impacts Mitigation Measures sewerage discharge into natural water courses and public sewers. Air pollution and odours • Minimize accumulation of toxic fumes or nauseating fumes within the factory and effluent treatment plant through adequate ventilations. •Install and operate equipment and use designs of effluent treatment systems proven to operate satisfactorily meeting World Health Organization standards for air pollution. Destruction of physical • Any dumped material will be levelled environment off and vegetation cover established on the soil mounds to maintain improved ecosystem and reduce soil erosion. Human and animal health • Monitor habitat to ensure minimal hazards disturbance and degradation of fauna. •Fence off the plot to control human and animal access to the plot. •Create local community health risks awareness in the proximity of the plot. •Monitor health status of neighbouring communities and their livestock. The full report of the proposed project is available for inspection during working hours at: (a)The Director-General, National Environment Management Authority, Kapiti Road, off Mombasa Road, P.O. Box 67839- 00200, Nairobi. (b)The • Permanent Secretary, Ministry of Environment and Mineral Resources, National Hospital Insurance Fund Building, Community, 4th Floor, P.O. Box 30521, Nairobi. (c)District Enviroment Office, 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, National Environment Management Anthority,,to assist the authority in the approval process of the project. B. M. LANQWEN, for Director-General, National Environment Management Authority. GAzErrE NOTICE No. 9163 THE ENERGY ACT (No. 12 of 2006) IT IS notified for general information that, pursuant to paragraph 12 (4) of the. Third Schedule to the Energy Act, 2006, the Energy Tribunal has formulated the following Rules to regulate its procedure: Interpretation 1. In these Rules, unless the context otherwise requires— "Commission" means the Energy Regulatory Commission established under section 4 of the Act; "hearins" means a sitting of, the Tribunal duly constituted for the purpose of receiving evidence, hearing submissions from a party, delivering a decision, or doing anything lawfully required to triable the Tribunal to reach a decision, on any matter before it; "party" in relation to an appeal, includes the appellant, the respondent and any person joined to the proceedings as an appellant, respondent or intervener; "pleading" includes the statement of appeal of the appellant, the statement of response by the respondent, the request to intervene, the statement of intervention, and any motion or reply thereto; "registry" means the place where all pleadings and supporting documents and all orders and decisions of the Tribunal are kept in accordance with these Rules; "recognized representative" means a person authorized or appointed to represent a party in accordance with rule 4; "respondent", in relation to any proceedings before the Tribunal, means the Commission or any other party to the proceedings other than the appellant; "Secretary" means the secretary to the Tribunal; and "Tribunal" means the Energy Tribunal established under section 108 of the Act. Role of Secretary 2. (1) The Secretary shall be the registrar of the Tribunal. (2) In relation to the proceedings before the Tribunal, the Secretary shall act in accordance with the instructions of the Chairperson and shall, in particular, be responsible for— (a)the establishment and maintenance of the registry; (b)the acceptance, transmission, service and custody of documents in accordance with these Rules; (c)the enforcement of decisions of the Tribunal; (d)certifying that any order, direction or decision is an order, direction or decision of the Tribunal, the Chairperson or a member of the Tribunal, as the case may be; (e)causing to be kept records of the proceedings and minutes of the meetings of the Tribunal and such other records as the Tribunal may direct; and (t) undertaking any duties assigned by the Tribunal. (3) The Secretary may, upon authorisation by the Chairperson, consider and dispose of procedural or administrative matters in accordance with rule 30. (4) A party may, within seven days of any exercise by the Secretary of the functions pursuant to paragraph (3), request in writing, that the exercise of such functions be reviewed by the Tribunal. (5) Any administrative function of the Secretary may, in the Secretary's absence; be performed by any member of the Tribunal authorised by the Chairperson for that purpose. Address for service , 3. The address for service of documents on the Tribunal is: The Secretary of the Energy Tribunal, P.O. Box 40825-00100, Nairobi. Representation. 4. In any proceedings before the Tribunal, a party may appear in person or be represented by— (a)an advocate of his own choice; or (b)in the case of a corporate body or-i firm, an officer of the corporate body or firm duly authorized in writing by such body or firm: Provided that a party may, with the leave of the Tribunal, appoint any other person knowledgeable in the subject matter of any proceedings before the Tribunal to represent him in such proceedings. Language 5. (1) The language of the Tribunal s be English or Kiswahili. (2) The Tribunal shall, taking into account all the circumstances, grant the assistance of a competent interpreter free of charge to a party or witness who does not understand or speak the language used at the THE ENERGY TRIBUNAL RULES, 2008 PRELIMINARY .(0) liiisalitted, that the •AndWiththn aityratinatitle: peraldhady (i) instituted vexatious- proceedings Wirt the TribIinat whether Winn the titers passas tit diffenationarrtie ("ti) made veostione ifedkankm 1.1 any Pftice!#aP before the Tribunal: Or 0 the appellant fails to comply with any tile, of the Tribunal: (e) the matentatt of appal long- trim* or tads* (2) When the Tribunal injects as appeal. Conseqtuthial onler it cons ideas apreptiale, fig let the en prestitabla, a.may: 4 caray deroldad meat olkoolnidoot abe Casioillnett tinting the procatrage in which thedoision was made; (r) theeverealleti foes. may, with the leave of the Itithtnal, *sliver thy . other .iisseiment nr tepee' nth* which he intends to nay for the (3) The decisions of the Tribunal shall be Prepared in the Eagfish Jaagnage,--but may be emulated, an request by a petty, into the Wmashili language. • -• 6. There shall be paid to the Tribunal such fees, including fees for service* the Tribunal of ateematt or prey, is are prescribed in the first Schedtdc to these Rules. APPEALS 0 THETRIBUNAL ofessititeetteht g appeab. Ae the !Menai shall be Mode .by dtth, , seif ', at tegisky, within thi tty dip, *lin elate of ami Game of the decisioti of the Commissianappealed Tabumul Mei; for sufficient cause shoati, extend the time by thane Rides for doing my act or sakintrny pale upon inch arms and. conditions, if any, as Went to it just and Gordian. (3) The statement of alpiteal shall be signed and dated by the appellant or the appellant's recognized representative, and shall state— (a)the sale and address dike sterile*: , (b)the name and addles: of the swells/ors recegnized nmenseatative, where applicable: aid • (c)the mane and addnUs of the mpondent (4)The statemem aPpeal shalt comas- (*) a concise Mime* of the facts:' (b) a summery of the grounds for."contesting OW decision, identifying in (i)the ateineiry provision under *hick lba Wand is thought; (ii)the anent to which the impitilast that the • decision was based on an error of fact or law; (c) a asesinet mesentation di the ergurnents supporting each of the ImIllnkr.ntaPPali; •(d) talt atef sought in the appeal and any directions sought mem* to idle Er; and (e) amhatilde listing all the iocumenet annexed to the statement (5)1thienathe Ulna* edictal* direas, the signed original- of the statement of appeal shall be accompanied by six copies thereof, cantiledi hp Se appellant as hie 'recognized reptesenUtive as coaftsmaimmeehe origin*: Plovailal that the appellant shall provide sufficient copies to be, served marens ray m the appeal. (6)•Vpon receipt of a itinement of apparel, the SemetarY shall acknowestigetioceir thereof by date-stamping it with the date of its preiwriddlimit ouch dm ilia' be:deemed io be-the cline titling. Stippottirtgolimanents and fees. tats-appellant shall; Victim with his atatement of appeal. 'deliver milelltibunal (a) anshref the deeisinnalandad aesarst 9( his appeal SerVice of statement of appeal 9. The appellant sluff, within ler eediatituffilleg an appeal, *erre the stattotent Sof Skteal and the documents Mt the Defective statement of appeal 10.1f-the Tribasal coosidas that a Minute (a)does not comply with Ink 7; (b)is Materially ineamplete; (c)aadidy learwhidid ei laeldaita aim*, the Tribunal may givesuch. direction. as may be mummy tweimare that those defects are remedied. Rejection of appeal 11. (1) The Tribunal may, at any 'stage in the proceedings, after giving the parties an °Immunity to be betoti, rejected appeal in whole or in part (a)it considers that the alismest at 404- dad** no valid ground of appeal; (b)it considers that the appelbeet does net have, or does not representlital fiattioit lit die decision; Pretbabiary objection 12. (1) A platy may, by e written *Mee, t to.,dta with* seven &Ps from the defeat inceiproftifthithatent of Ora, on the gramd that- attlignin the appeal; or - (b) the appeal is incomperentkivitipteteiti to- anne point of lew. (2)The notice of prelintbury shell contain a concise statement of the ground or grounds of oldie • (3)me object.* shall- serve i Copy of the *nice of prethitinary objection on the appellant within seven days tit the date of be filing. (4)The appellant may file written submissions in response to the abjection within seven days from ihrtiefent service. (5)The Tribunal May decide the prelithinary objection without receiving any, further argument *Moe then! theestties. Amendment of statement of appeal 13. (1) The appellant may amend the statement /dapped wily with the permission of the Tribunal. (a) the Ttibunal lacks (2)The Tribilmil nSY lid lamasnainar artier PniallalPh . 06.1 `such terms as esteems fit (3)The Trianon! dm* grantramimion under this rule Was- (a) the Ausposcfi imiendatent is toad °alt. tastier which was not within die was node; or ledge of the appellant et the time the appeal (b) it was not practicable to include such proposed amendment in the statement of appeal. Withdrawal of the appeal 14. (I) An appellant may "withdraw an appeal only with the permission of the Tribunal, or if the matter has not yet proceeded to a hearing, with the permission of the Chairperson. (2) The Tribunal may grant permission under paragraph (1) on such terms as it deems fit. Notification on filing of appeal 15. (1) Subject to rules 10 and II, the Secretary shall, as soon as practicable upon the filing of an appeal, publish a notice of the fact in such manner as the Tribunal may direct. (2) The notice referred to in paragraph (1) shall state— (a)that an appeal has been filed; (b)the name of the appen7nr: (c)the decision to which the appeal relates and the person by whom it was made; (d)the particulars of the relief sought by the appellant; (e)a summary of the principal grounds relied on; and (j) a notice indicating that any person who considers that he has sufficient interest may apply to intervene in the proceedings, in accordance with rule 17, within such time as shall be specified in the notice. Statement of response and cross appeal 16. (I) A respondent may deliver to the Tribunal a statement of response containing the particulars prescribed under this rule within ten days from the date on which the respondent is served with the statement of appeal. (2) Where the respondent intends to contend at the hearing of the appeal that the decision or any part thereof be reversed, either in the event of the appeal being allowed in whole or in part, or in any other event, the statement of response shall include a cross appeal to that effect. (3) Where no statement of response is received from the respondent, the Tribunal may nevertheless proceed to hear the appeal. (4) The statement of response shall state— (a)the name and address of the respondent; (b)the name "and address of the respondent's recognized representative, where applicable; and (c)shall be signed and dated by the respondent, or his recognized representative. (5) The statement of response shall contain — (a)the grounds of cross-appeal, if any; (b)a concise presentation of the arguments of fact and law upon which the respondent will rely; (c)the relief sought by the respondent and any directions sought pursuant to rule 17; and (d)a schedule listing all the documents annexed to the response. (6) There may be annexed to the statement of response a copy of every document and report on which the respondent intends to rely. (7) The signed original of the statement of response must be accompanied by six copies thereof duly certified by the respondent or his recognized representative as conforming to the original: Provided that the respondent shall provide sufficient copies to be served on every party. (8)The provisions of rules 10, 11 (except paragraph (I) (b) and (c)) and 13 shall apply, with the necessary modifications, to the statement of response. (9)The respondent shall, within seven days of filing the statement of response, serve the same and the supporting documents on the appellant. INTERVENTION AND CONSOLIDATION Joinder of parties and intervention. 17. (I) If it appears to the Tribunal, whether on the application of a party or on its own motion, that it is desirable that any person be made a party to the proceedings, the Tribunal may order such person to be joined as a party and may give such directions relating thereto as may be just, including directions as to the delivery and service of documents. (2) Any person who considers that he has sufficient interest in the outcome of an appeal may make a request to the Tribunal for permission to intervene in the proceedings. (3) The request under paragraph (2) shall be in writing and shall be sent or delivered to the Secretary within the period referred to in rule 15 (2) (/). (4) The proposed intervener shall serve a copy of the request for intervention on every party to the proceedings, and such other party may respond to the request, in writing, directed to the Secretary within seven days of service. (5) A request for permission to intervene under this rule shall state— (a)the title of the proceedings to which that request relates; (b)the name and address of the person seeking to intervene. (6) The request for intervention shall contain — (a)a concise statement of the matters in issue in the proceedings which affect the person making the request; (b)the name of any party whose position the person making the request intends to support; and (c)the reasons for making the request. (7) If the Tribunal is satisfied, having taken into account the response of the party that the intervening party has a sufficient interest, it may permit the intervention on such terms and conditions as it deems fit. (8) On granting permission in accordance with this rule, the Tribunal shall give all such consequential directions as it considers necessary with regard, in particular, to— (a)the service on the intervener of the pleadings; (b)the filing and service of the statement of intervention by the intervener; and (c)if appropriate, the filing of a reply to the statement of intervention by any of the parties. (9) The statement of intervention and any reply thereto shall contain— (a)a succinct presentation of the facts and arguments supporting the intervention; (b)the relief sought by the intervener; (c)a schedule listing all the documents annexed to the intervention and, as far as possible, a copy of every document on which the intervener relies. (10) The provisions of rules 10, 11 (except paragraph (1) (h) and (c)) and 13 shall apply, with the necessary modifications, to the statement of response. 26th Septentbek 2008 THE KENYA"oAzerrE Coloolkkrtion 18.(1) Where two or more proceedings are pew:lists in sespect of the same subject of appeal, cc which involve the same or similar issues. the Tribunal magi. on the request of a pitsy or of its own motion, order that the proceedings or any particular4slic c 'r Matter raised in the proceedings be consolidated or heard together. (2) Before making an order under this rule. the Tribunal shall invite the parties to the proceedings to make submissions as appropriate. DIRECTIONS" Directions 19.(1) The Tribunal may at any time. on the request or n Party of its own motion, give such directions as it deems fit to secure the just, expeditious and economical conduct of the proceedings. (2) the Tribunal may, in particular, give directions- . (a) as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral bearing; (h) that the parties file a response, reply, rejoinder or other additional pleadings or particulars; (c)for the preparation and exchange of skeleton arguments; (d)requiring persons to attend and give evidence or to Produce dommtents; (e)as to the evidence which may be required or admitted in proceedings before the Tribunal and the extent to whiCh it shall be, oral or written; (I) as to the submission in advance of a hearing of any witness statements or expert.reports; as to the examination or crass-examination of Witnesses; (h)as to the fixing of time limits with respect to any aspect-of the proceedings; (i)as to the abridgeinent or.extension of any time limits, whether Of not expired; (j)to enable a decision to be Mimed back in whole or in part to the person by whom it was made; - lkl;for the disclosum between. or die production by, the parties of docunians or classes of documents; (l) for the appointment and instniction of experts, whether by the Tribunal or by the parties and the meow! in Which expert evidence is to be given; - (ni)for the award of costs or expenses, including any allowsnces _payable to,persoes in connection with their attendance before the Tribunal; and (n)for hearing a person who is not a party where, in any proceedings, it is poposed. to make an order or give a direction in relation to that person; (o)as to the place of hearing of the appeal. (a),The Tribunal may, in particular. of its own Motion— (a)put questions to the parties; (b)invite the parties to make written or oral submissions on certain aspects of the proceedings; (c)ask the pities or third PLO= for information or particulars; (d)ask for doesunents- or any papers relating to the case to be canduced; (e)summon the pasties or their recognized representatives to 'appear before the Tribunal. (4) A request for directions shall be— (a)made in writing within ten days after the clone of pleadings; (b)served by the requesting pulite any other' pity who might be affected -by such directions; and (c)determined by the Tribunal taking into account the submisisions of all the parties. Failure to comply with directions. 20. (1) If any direction given to a party under these Rules is not complied with by each party, the 'Niguel may, in addition to other powers ,available to it before or at the hearing. dismiss the whole .or any part of the appeal, or, as the case may be, strike out the whole or any part of a respondent's statement of response, and, where appropriate; give such directions as are necessary in the circumstances. (2) Notwithstanding the provisions of paragraph (t), the Tribunal shall not so dismiss an-appeal or WAN ergo itateinem of response or give such a direction. unless it has first sent to the party who has not complied With the direction a notice to show Muse why it should not do so. - Varying or setting art* of directions 21. Where a person to whom a dhection (indudhig any summons) is addressed had no opportunity, of Objecting to the making of such direction, he may apply to the Tribunal to vary it or set it aside, but the Tribunal shall not do so without first ndtifying die person who had requested for the direchons,and considering any reptesentations made by such party. . . MISCELLANEOUS Hearing to be in public 22. (1) The proceedinp of the Tribunal shall he open to the-public save where the Tribunal, for sufficient cause., otherwise directs, taking into account— (a)information the disclosure of which would in the Tribunal's opinion be contrary to the miblic interest; (b)commercial information .the disclosure Of which would or might, in the Tribunal's` opinion, significantly ham the legitimate business interests of the undertaking to which the Formation relates; (c)information relating: to the private affairs of an individual the disclosure .of which would, or might, in the Tribtinal's opinion, rignifiCandy hint% his interests. - (2) The heating of any application for an interim order may be ,held in chambers. - Procedure at the hearing 23. (1 ) The Tribunal shall not be-bound by the, rules of evidence. (2)Subject to paragraph 12 (i) of the Third Schedule to the Act, the/ Tribunal shill sit at such times and in such, places as it may determine. (3)Unless the Tribunal otherwise diMcti, no witness of fact or expert shall be heard unless. the. relevant witness statement or expert . report has been subrnittedin advance of the hearing and in accordance with any directions of the Tribunal. Decision of Tribunal 24. The decision of the Tribunal shall be-, (a) delivered in public on a date fixed for that purpose; and (h) Published in the Gazette and in such other manner as the Tribunal may deem appropriate.- Costs 25. (1) The Tribunal may, at any stage of the proceedings. make any order if deems fit relation.* the payment of costs by one patty to anodter in respect of the whole or part of the proceedings. (2)The Tribunal may direct any party against whom an onler for costs is made to pay such costs to any other party in a lump sum or such proportion of the costs as may be just. (3)Where the Tribunal makes an order for costs under this rule, the Tribunal may— (a)assess the costs at the time of making the order; (b)direct that the costs be assessed by the Chairperson; or (c)direct that the costs be assessed by the taxing officer of the High Court. Interest. 26. (1) Where the Tribunal imposes, confirms or varies any penalty under the Act, the Tribunal may, in addition, order that interest is to be payable on the amount of any such penalty from such date, not being a date earlier than the date upon which the statement of appeal was filed, and at such rate as the Tribunal considers appropriate. (2)The interest referred to in paragraph (1) shall form part of the penalty and shall be recoverable as a civil debt (3)Where the Tribunal makes an award of damages, it may include in any sum awarded interest on all or any part of the damages, and such interest may be for all or any part of the period between the date when the cause of action arose and— (a)in the case of any sum paid before the decision making the award, the date of the payment; and (b)in the case of the sum awarded, the date of that decision. Consent orders. 27. (1) Where the parties agree the terms on which to settle proceedings, either wholly or in part, the parties may request the Tribunal to make a consent order. (2) A request for a consent order shall be made by sending or delivering to the Secretary— (a)a draft consent order; and (b)a statement signed by all the parties to the proceedings or their recognized representatives requesting that an order be made in accordance with the draft consent order. (3) The Tribunal shall enter the consent order in the record of its proceedings. Review 28. (1) A request to the Tribunal for review of its decision in accordance with paragraph 11 of the Third Schedule to the Act shall be made to the Secretary in writing, within twenty one days of the making of the decision. (2) The request for review shall be signed and dated by the party or his recognized representative and shall— (a)state the name and address of the party and of any representative of the party; (b)identify the Tribunal decision to which the request relates; (c)state the grounds on which the party intends to rely in the request for review. (3) The Tribunal shall not grant a request for review under this rule unless the request is based on— (a) the discovery of a new and important matter which was not within the knowledge of or could not be produced by the applicant at the time the decision or order sought to be reviewed was made; (h) some mistake or error apparent on the face of the record; or (c) any other reason the Tribunal deems sufficient. Decision of the Tribunal on request for review 29. (1) The decision of the Tribunal upon review may be made in the absence of the parties unless special circumstances. render a hearing desirable. (2)The decision of the Tribunal under paragraph (1) above, together with the reasons for that decision, shall be in writing. (3)Where the decision is made in the absence of any party, the Secretary shall notify the absent party of such decision. Interim orders. 30. (1) The Tribunal may make an order on an interim basis— (a)suspending, in whole or, part, the effect of any decision which is the subject matter of an appeal or any other proceedings before it; or (b)granting any remedy which the Tribunal would have the power to grant in its final decision. (2) Without prejudice to the generality of the foregoing, if the Tribunal considers that it is necessary as a matter of urgency for the purpose of— (a)preventing substantial loss or irreparable damage to a particular person or category of person; or (b)protecting the public interest, the Tribunal may make such orders or give such directions as it considers appropriate for that purpose. (3) The Tribunal shall exercise its power under this rule taking into account all the relevant circumstances, including— (a)the urgency of the matter; (b)the effect On the party making the request if the relief sought is not granted; and (c)the effect on any interested party or the energy sector if the relief is granted. (4) A party shall apply for an order or directions under paragraphs (1) and (2) above by sending to the Secretary a request for interim relief stating the matters set out in paragraph (5). (5) The request for interim relief shall state— (a)the subject matter of the proceedings; (b)in the case of a request for a direction purstipt to paragraph (2), the circumstances giving rise to the urger4gy; (c)the factual and legal grounds establishing a a facie case for the granting of interim relief by the Tribli (d)the relief sought. (6) Upon making a request for interim relief, the shall within seven days thereof, serve a copy of the request on a e other parties to the proceeding& (7) Any party served with a request for in* . relief under paragraph (6) may, within seven days of service, sit written or oral observations on the request to the Tribunal. (8) The Tribunal shall fix a date for the hearing o ;the request for interim relief or give the parties such directions as rw be necessary for disposing of the request for interim relief. (9) The Tribunal may, for the purposes of this %le, join any party to the proceedings. (10) Subject to paragraph (9), an order or diremion for interim relief may be made against a person who is ript a party to the proceedings, provided that no such order may bf unless that person has been given an opportunity to, be heard. (11) Where the urgency of the case so requires, the Tribunal may 26th September, 2008 THE KENYA GAZETTE dispense with a written request for interim relief or grant the request for interim relief before the response of the other parties have been submitted. Supporting affidavit. 31.Every application-or request under rules 4, 7, 12 17, 28 and 30 of these Rules shall be supported by the affidavit of the applicant or the person making an application or request Service of documents, etc. 32.(1) Any document (including a pleading) required to be sent to or served on any person under these Rules may be— (a)delivered personally at the person's address for service; (b)sent to the person's address for service by registered post; (c)where authorized by the Tribunal, sent to the person by facsimile or electronic mail or other similar means; (d)served through such other means as may be authorized by the Tribunal. (2) A document which is sent or served in accordance, with these Rules shall be deemed to have been received by or served on that person— (a)in the case of personaldelivery, on the day of delivery; (b)when sent by registered post, on the third day after it was posted; (c)in the case of a facsimile transmitted on a business day before 5 p.m., on that day or, in any other case, on the business day after the day on which it is transmitted; (d)in the case of electronic mail or similar means, on the second day after the day on which it is transmitted; (e)where any other method of service is permitted under paragraph (1), such time as shall be specified by the Tribunal. (3) If a document (other than a facsimile) is served after 5 p.m. on a business day, or at any time on a Saturday, Sunday or a public holiday, the document shall be deemed to have been served on the next business day. (4) For the purposes of these Rules, "business day" means any day except Saturdly, Sunday or a public holiday. (5) The address for service for the purposes of paragraph (1) shall be— (a)in the case of a document directed to the Tribunal or to the Secretary, the Tribunal address; (b)in the ease of a document directed to the applicant or to his recognized representative, the address stated in the statement of appeal in accordance with rule 7 (3), or such other address as may be subsequently notified to the Tribunal; (c)in the case of a document addressed to the respondent, the address stated in the response in accordance with rule 16, or such other address as may be subsequently notified to the. Tribunal; (d)in the case of a document to an intervener, the address stated in the request to intervener in accordance with rule 17, or such other address as may be subsequendy notified to the Tribunal. (6) Anything required to be sent to or served on a company is duly sent or served if it is served on a director or secretary of the company -or it is sent to or left at the company's registered address for the time being. (7) Anything requited to be sent or delivered to or served on a partnership is duly sent or served if it is sent to or served on any one of the partners for the time being. (8) The-Tribunal may dispense with service of a document if the intorpsik of instice so reauire. (10) A person required to serve any document under these Rules shall, by affidavit, provide proof of service thereof, indicating the steps taken to serve the document and the date and manner of service. Computation of time 33. (1) Where a period expressed in days, weeks or months is to be calculated from the moment at which an event occurs or an action takes place, the day during which that event occurs or that action takes place shall not be counted as falling within the period in question. (2)A period expressed in weeks or months shall be deemed to expire at intervals of seven or thirty days as the case may be. (3)If, in a period expressed in months, the day on which it should expire does not occur in the last month, the period shall end with the expiry of the last day of that month. (4)"Month" means calendar month. (5)Where the time prescribed by the Tribunal, the Chairperson, the Secretary of the Tribunal, or by these Rules, for doing any act expires on a Saturday, Sunday or public holiday, the act shall be deemed to be on time if done on the next following day which is not a Saturday, Sunday or public holiday. Irregularities 34. (1) Any irregularity resulting from failure to comply with any provision of these Rules shall not of itself render the proceedings void or invalid where the irregularity does not occasion a miscarriage of justice. (2)Where any such irregularity comes to the attention of the Tribunal, the Tribunal may, and shall if it considers any person may have been prejudiced by the irregutsrity, give such directions as it deems just, • to cure or waive the irregularity before reaching its decision. (3)Clerical mistakes in any document recording a direction, order or decision of the Tribunal, or error: arising in such a document from an accidental slip or omission, may be corrected by the Chaitperson, by certificate under his hand. • Prescribed forms 35. The forms prescribed in the Second Schedule to these Rules shall, with such modifications as may be necessary, be used for the purposes of filing appeals, responses or airy interlocutory matters: Provided that an instrument or document which deviates from the prescribed form shall not be void by reason of a deviation therefrom which does not affect the substance of the instrument or document, unless it isocalculated to mislead. Recording ofproceedings 36. The proceedings before the Tribunal shall be recorded in such form or manners the Tribunal may determine. Protection front personal liability, 37. The Chairperson, member or Secretary of the Tribunal shall not be personally liable for any act or Mission done or omitted to be done in good faith in carrying out the functions of the Tribunal under the Act. Practice directions 38. (1) The Chairperson may issue practice direcdons in relation to the procedures provided for by these Rules. (2) Nothing in these Rules shall limit or otherwise affect the inherent power of the Tribunal to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal. FIRST SCHEDULE (r. 6) FEES (a) Upon filing,an appeal, where the, value of Fees (KSh.) the subject matter- (i) is unliquidated or does not exceed 2,000 Sh.50,000 (ii) exceeds KSh. 50,000 but does not exceed Sh.550,000 (ii) exceeds KSh.550,000 2,000, and KSh.100 for each KSh. 5,000 or part thereof in excess of KSh.50,000 12,000, and KSh.100 for each KSh. 5,000 or part thereof in excess of KSh. 550,000 up to a maximum fee of KSh.100,000 (b) Upon filing a statement of response- (i)without a cross appeal 500 (ii)with a cross appeal A fee calculated in accordance with paragraph 1 of the Schedule (c) Upon filing any application or request 1,000 (cf) Upon filing a notice of preliminary objection 1,000 /e) Withdrawal of appeal 500 5 (j) Consent order 1,000 (g)Upon filing a reply or response to an application or request (h)For sealing a decree or order 1,000 (i)Upon filing a document where no other fee is 200 prescribed under this Schedule (j)For certifying or attesting a signature or seal 100 on a document (k)For a certified copy of the record of the 30 proceedings of the Tribunal or a document in its archives, per page or part thereof (I) For service of any document by the Tribunal- •(i) within 10 km of the Tribunal 200 (ii) for every kilometre after the first 10 km. 20 SECOND SCHEDULE (r. 35) FORMS 4. Brief statement of the facts of the dispute before the Energy Regulatory Commission 5. Grounds of appeal and concise arguments in support thereof 6. Relief sought: 7. Documents annexed to this statement of appeal: Dated at this day of 20 Appellant/Appellant's Recognised Representative FORM ET 2 r.16 IN THE ENERGY TRIBUNAL AT TRIBUNAL CASE No. OF 20 BETWEEN APPELLANT AND RESPONDENT STATEMENT. OF RESPONSE 1.Respondent's address for service 2. 3.Name and address of Respondent's recognized representative (where applicable) FORM ET 1 r.7 IN THE ENERGY TRIBUNAL AT TRIBUNAL CASE NO. OF 20 BETWEEN APPELLANT AND RESPONDENT STATEMENT OF APPEAL 1. Appellant's address for service 2.Name and address of appellant's recognized representative (where applicable) 3.Respondent's address for service 4.Grounds of cross appeal (where applicable) and concise supporting arguments: 5.Relief sought. . Documents annexed to the statement of responses: Dated at ;his day of 20 Respondent/Respondent's Recognised Representative 26th September, 2008 THE KENYA GAZETTE 2515 • REQUEST FOR INTERVENTION/TO ENJOIN A PARTY Name and address for proposed intervener/proposed new party FORM ET 3 r.7 IN THE ENERGY TRIBUNAL AT TRIBUNAL CASE NO OF 20 BETWEEN APPELLANT RESPONDENT 2.Matters in the appeal affecting proposed intervener/proposed new party 3.Grounds for seeking to intervene/enjoin 4.Party in the appeal whose position proposed intervener supports: Dated at this day of 20 party/Party's Recognised Representative/Proposed Intervener. FORM ET 4 r.12 IN THE ENERGY TRIBUNAL AT TRIBUNAL CASE NO OF 20 BETWEEN . APPELLANT • AND 44, RESPONDENT NOTICE OF PRELIMINARY OBJECTION 1. Name and address of party giving notice of preliminary objection: 2. Grounds on which Tribunals jurisdiction is challenged. 3. Grounds in which appeal is incompetent Dated at this day of 20 Dated at this day of 20 Respondent/Respondent's Recognised Agent Applicant/Applicant's Recognised Representative Dated the 26th August, 2008. M. N. NG'ANG'A, Chairperson, Energy Tribunal. FORM ET 5 r. 28 IN THE ENERGY TRIBUNAL AT TRIBUNAL CASE NO. OF 20 BETWEEN .APPELLANT AND RESPONDENT , REQUEST FOR REVIEW I. Name and address of party requesting fop review: 2. Decision sought to be reviewed: Grounds for review: Dated at this - day of 20 Party/Party's Recognised Representative FORM ET 6 r..30 IN THE ENERGY TRIBUNAL AT TRIBUNAL CASE NO. OF 20 BETWEEN APPELLANT AND RESPONDENT REQUEST FOR INTERIM RELIEF 1.Name and address of patty requesting for interim relief: 2.Relief sought: 3.Circumstances, if any, for the request to be treated with urgency' 4.Grounds for making the request: 4. Authorities in support of the objection: • GAZE! I t NOTICE No. 9164 THE COMPANIES ACT (Cap. 486) INTENDED DISSOLUTION PURSUANT to section 339 (3) of the Companies Act, it notified that expiration of three months from the date of this gazette, the names of the undermentioned companies shall unless cause is shown to the contrary be struck off the registrar of companies and the companies shall be dissolved. Number Name of Company 115828 Angel Arts Limited 99247 Bindii (EPZ) Kenya Limited 77001 City Salt Works Limited Cleanall Limited 10305 Caxnet Computers and Engineering Limited 28808 Continental Supermarket Limited 141514 Enthralls And Sounds Equipment Company Llimited 71456 Elegant Cars'Limited 39851 Falcon Properties Limited 52307 Fatima Construction Limited 7751 Hanuman Limited 151925 Italian Art Style Limited 148542 Joweli Motors Limited 100629 Kisukari Limited 85637 Lalji Nanji and Sons Builders Limited 7603 Kenya Construction Company Limited 56837 Mote Holdings Limited 10913 Muringa Road Development Limited 35692 Prime Properties Limited 149551 Patwam Holdings Limited 19266 Premier Safaris Boutique Limited 121593 Safaris Cats Expedition Limited 107546 Trendy International Limited 40265 Vitaa Properties Limited 50142 Zelma Boutique Limited Dated the 24th September, 2008. MARTIN MUTISO, for Deputy Registrar of Companies. GAZEI 1 E NOTICE NO. 9165 THE COMPANIES ACT (Cap. 486) DISSOLUTION PURSUANT to section 339 (5) of the Companies Act, it notified for general information that the undermentioned companies are dissolved. Number Name of Company A.G. S. Garments Limited Carr- Hartley Safaris Limited Capital Diary Distributors Limited Clifton Court Limited 100505 Brookfield Industries Limited 108911 Envision Multimedia Limited Hotel Amenities East Africa Limited General Aviation Services Limited Kisangu Holdings Limited Nzioka Enterprises Limited Puri General Limited 47741 Ransa Company Limited Dated the 24th September, 2008. MARTIN MUTISO, for Deputy Registrar of Companies. GAZE! I E NOTICE No. 9166 THE COMPANIES ACT (Cap. 486) CORRIGENDA IN