GAZETTE NOTICE NO. 9123

pursuant to provisions of Article 159 of the Constitution of Kenya and section 59B (1) (a), (b) and (c) of the Civil Procedure Act (2010) in relation to Mediation) This Practice Direction may be cited as the Practice Direction on Court Annexed Mediation (Amendment) 2018 "HIGH COURT OF KENYA FAMILY AND COMMERCIAL AND TAX DIVISION, NAIROBI PRACTICE DIRECTION ON MEDIATION" is in this Practice Direction referred to as the Principal Practice Direction The Principal Practice Direction title is amended by Jeleting the entire title appearing thereof and replacing therefor with the words - "THE JUDICIARY OF KENYA PRACTICE DIRECTION ON COURT ANNEXED MEDIATION" The Principal Practice Direction is amended by deleting the word "Nairobi" wherever it appears in the Direction. The Principal Practice Direction is amended by adding the words "or Magistrate or Kadhi as the case may be" immediately after the words "Deputy Registrar" wherever it appears. Practice direction 1 of the Principal Practice Direction is amended by deleting paragraph (b) and substituting thereof with the words "This practice direction shall apply to civil actions filed in the High Court, the Environment and Land Court, Employment and Labour Relations Court, Subordinate courts and Tribunals throughout the country which the Chief Justice shall designate by gazette notice." Practice direction 1 (c) of the Principal Practice Direction is amended by deleting the definition of the word "Court" and substituting thereof with the following definition - "Court" means gazetted High Courts, the Environment and Land Courts, the Employment and Labour Relations Court, Subordinate Courts Kadhi Courts or Tribunals where this Practice Direction apply. Practice direction 4 (b) of the Principal Practice Direction is amended by deleting the paragraph and substituting thereof with the words " For each case referred to mediation, the Deputy Registrar or Magistrate or Kadhi as the case may be shall appoint a mediator from a Register of accredited mediators maintained by MAC" Practice direction 6 of the Principal Practice Direction is amended by inserting the following words in paragraph (a): "The Deputy Registrar or Magistrate or Kadhi as the case may be, shall in consultation with" immediately before the words "The appointed mediator." Dated the 9th July, 2018. DAVID K. MARAGA, Chief Justice and President, Supreme Court of Kenya. GAZETFE NOTICE No. 7264 THE CONSTITUTION OF KENYA THE MAGISTRATE'S COURT ACT (No.26 of 2015) THE JUDICATURE ACT (Cop.8) THE COMMUNITY SERVICE ORDERS ACT (Cap. 93) PENAL CODE (Cap. 63) SENTENCiNG GUIDELINES (2016) PRACTICE DIRECTIONS BY THE HONOURABLE CHIEF JUSTICE ON THE APPLICATION OF COMMUNITY SERVICE ORDERS BY THE MAGISTRATES' COURTS These practice directions are issued pursuanl to the provisions of Act 159, 165(7) and 49(2) of the Constitution of Kenya, sectionlO of the Judicature Act Chapter 8, section 24 (b) of the Penal Code Chapter 63, section 3 and 8 (2) of the Community Service Orders Act, Chapter 93 and the application of the Sentencing Guidelines (2016) with reference to determination of fines (11.1) and imposition of alternatives to imprisonment and custodial sentence. These practice directions are issued with a view to increase the number of offenders placed on Community Service Orders with the aim enhancing the usage of alternative criminal justice sanctions. As far as possible for all offences that qualify for Community Service Orders, a referral should be made to the Community Service officer to generate a pre-sentence report. Where a court intends to pass a custodial sentence in relation to any offence that falls within the ambit of Section 3 of Community Service Orders Act CAP 93, a referral shall be made to the Community Service Officer and such a custodial sentence shall only be passed if the offender is found unsuitable for Community Service Orders or Probation orders. The court shall record reasons for such finding. In cases where a written presentence report may not be available in a timely manner, a verbal report should be sufficient. Where the court intends to pass a sentence where a custodial sentence is an alternative to a fine, and the intended sentence does not exceed six (6) months imprisonment, a referral shall be made for a pre- sentence report with a view to ascertaining an appropriate non- custodial sentence. If an offence is not serious enough to warrant a Community Service Order, a suspended sentence, a fine, (where the court is certain as to the means of the accused person), conditional discharge or absolute discharge would be appropriate. For a Community Service Order to be passed, an offence should be serious enough to warrant one Where the court intends to impose a fine, the purpose of such fine shall be to inflict a financial loss to the offender and not to unintentionally subject the offender to the default custodial sentence. Where a court imposes a fine on a non-serious offence punishable by up to six (6) months imprisonment and such fine/s is/are not paid by the offender within two (2) weeks and appears punitive as to cause miscarriage of justice and render the offender to serve custodial sentence, the trial magistrate shall forward the file to the Deputy Registrar of the High Court within the jurisdiction of that court GAZETFE NOTICE No. 7265 for an appropriate intervention by the Judge where Community Service Order or any other alternative non-custodial orders may be considered The fine fixed by the Court should not be excessive as to render the offender incapable of paying thus liable to imprisonment. In determining such a fine, the means of the offender as well as the nature of the offence should be taken into account. Except in petty cases and in which case the necessary information is within the Court's knowledge, a pre-sentence report should be requested from the probation officer to provide information which would assist the Court in reaching a just determination. Dated the 12th June, 2018. DAVID K. MARAGA, Chief Justice and President, Supreme Court of Kenya. THE ELECTIONS ACT (No.24 of 2011) THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITIONS RULES, 2017 IN EXERCISE of the powers conferred by section 75 of the Elections Act and Rule 6 (3) of the Elections (Parliamentary and County Elections) Petition Rules, 2017, the Chief Justice of the Republic of Kenya directs that the election petition whose details are given hereunder shall be heard in the election court comprising of the Magistrate listed and sitting at the court station indicated in the schedule below. SCHEDULE ELECTION PETITION FILED AT MAGISTRATES COURT No. Election Petition Petitioner(s) Respondent(s) Election Court Election Court I Electoral Area I No. (Venue) NYERI COUNTY I. Malindi Malindi Faith Mwende Kasyoka IEBC Hon. Dr. Julie Oseko Malindi Town Ward Magistrates Court] Sudi Masha Election Petition] Dadu David Kadenge No.6of2017 I Dated the 9th July, 2018. GAZETrE NOTICE No. 7266 THE FIREARMS ACT (Cap. 114) APPOINTMENT IN EXERCISE of the powers conferred by section 3 (2) of the Firearms Act, the Cabinet Secretary for Interior and Co-ordination of National Government appoints- MARGARET MOSSE (Ms.) to be a member of the Firearms Licensing Board for a period of three (3) years, with effect from the 5th July, 2018. The appointment of David Kiprono Tonui* is revoked. Dated 5th July, 2018. FRED MATIANG'I, Cabinet Secretary, Interior and Co-ordination of National Government. *GN 10383/2017. GAZETrE NOTICE No. 7267 THE MINING ACT (No. 12 of2016) APPLICATION FOR A MINING LICENCE NOTICE is given by virtue of section 34 of the Mining Act that an application for a Mining Licence, whose details and area boundary schedule are as described here below, has been made under section 101 of the Act and the said application has been accepted for consideration. DAVID K. MARAGA, Chief Justice and President, Supreme Court of Kenya. Applicant ARM Minerals and Chemicals Limited Address P.O. Box 41908-00100, Nairobi, Kenya Application No. ML/2017/0019 Area 0.0368 km2 Within Land Parcel(s) Mboonilliani/708 ,709 Locality Makueni County Mineral(s) Sought Limestone Any objection to the grant of the mining licence may be made in writing and addressed to the Cabinet Secretary, Ministry of Petroleum and Mining, P.O. Box 30009-00100 GPO, Nairobi, Kenya to reach him within forty two (42) days from the date of the publication of this Notice in the Kenya Gazette. SCHEDULE OF THE PROPOSED APPLICATION BOUNDARIES The proposed application's area is particularly described by the following WGS 84 co-ordinates. Order Lot. Deg. Lat. Min. Lot. Sec. N/S Long. Deg. Deg. Long. Mm. Mm. Long. Sec. E/W 1 1 32 10.44 S 37 24 09.54 E 2 1 32 09.42 S 37 24 09.84 E 3 1 32 09.00 5 37 24 14.88 E 4 1 32 07.74 S 37 24 15.12 E 5 1 32 09.36 S 37 24 21.72 E 6 1 32 14.82 S 37 24 20.76 E 7 1 32 11.04 S 37 24 14.46 E 8 1 32 11.34 S 37 24 14.46 E The said application may also be accessed from the mining cadastre portal vide website: - https://portal.miningcadastre.go.ke Dated the 12th July, 2018. JOHN MUNYES, MR/5 156699 Cabinet Secretary, Ministry of Petroleum and Mining. 20th July, 2018 THE KENYA GAZETTE 2301 GAzETFE NOTICE No.7268 THE MINING ACT (No. 12of2016) APPLICATION FOR A MINThJG LICENCE NOTICE is given by virtue of section 34 of the Mining Act that an application for a mining licence, whose details and area boundary schedule are as described here below, has been made under section 101 of the Act and the said application has been accepted for consideration. Applicant ARM Minerals and Chemicals Limited Address P.O. Box 41908-00100, Nairobi, Kenya Application No. ML/2017/0020. Area 1.5193km2. Within Land Parcel(s) Kajiado/Mailua/987,989, Kajiado/MailuaJ2440 Localily 1 Kajiado County Mineral(s) sought I Limestone Any objection to the grant of the mining licence may be made in writing and addressed to the Cabinet Secretary, Ministry of Petroleum and Mining, P.O. Box 30009-00100, GPO, Nairobi, Kenya to reach him within forty two (42) days from the date of the publication of this notice in the Kenya Gazette. SCHEDULE OF THE PROPOSED APPLICATION BOUNDARIES The proposed application's area is particularly described by the following WGS84 co-ordinates. Order Lot. Deg. Lat. Mm. Lat. Sec. N/S Long. Deg. Long. Mm. Long. Sec. E/W 1 2 29 52.44 S 36 51 12.06 E 2 2 29 55.50 S 36 51 43.92 E 3 2 30 45.24 S 36 51 40.08 E 4 2 30 41.82 5 36 51 07.89 E The said application may also be accessed from the mining cadastre portal vide website: - https://portal.miningcadastre.go.ke Dated the 12th July, 2018. JOHN MUNYES, MR/S 156699 Cabinet Secretary, Ministry of Petroleum and Mining. GAZEI'TE NOTICE No.7269 THE MINING ACT (No. 12of2016) APPLICATION FOR A MINING LICENCE NOTICE is given by virtue of Section 34 of the Mining Act that an application for a mining licence, whose details and area boundary schedule are as described here below, has been made under section 101 of the Act and the said application has been accepted for consideration. Applicant ARM Minerals and Chemicals Limited Address P.O. Box 41908-00100, Nairobi, Kenya Application No. ML/2017/0018 Area 1.2595 km2 Within Land Parcel(s) KajiadofPurko/164, Kajiado/Purko/1035 Locality Kumpa, Kajiado County Mineral(s) sought 1 Limestone Any objection to the grant of the mining licence may be made in writing and addressed to the Cabinet Secretary, Ministry of Petroleum and Mining, P.O. Box 30009-00100 GPO, Nairobi, Kenya to reach him within forty two (42) days from the date of the publication of this notice in the Kenya Gazette. SCHEDULE OF THE PROPOSED APPLICATION BOUNDARIES The proposed application's area is particularly described by the following WGS 84 co-ordinates. Order - - Lat. ee Lat. Mm. Lat. Sec. N/S - - Long. - Long. Min. Long. Sec E/W 1 1 58 57.43 S 36 46 32.17 E 2 1 59 18.39 - S 36 47 26.25 E 3 1 59 35.08 5 36 46 57.78 E 4 1 59 24.21 5 36 46 37.90 E 5 1 59 33.26 S 1 36 46 1 27.79 E 6 1 59 29.76 SSS 36 46 21.70 E 7 1 1 1 59 1 04.541 S 1 36 1 46 1 25.961 E The said application may also be accessed from the mining cadastre portal vide website: - https://portal.miningcadastre.go.ke Dated the 12th July, 2018. JOHN MUNYES, MR/S 156699 Cabinet Secretary, Ministry of Petroleum and Mining. GAZETFE NOTICE No.7270 THE MINISTRY OF INDUSTRY, TRADE AND CO-OPERATIVES INTER-AGENCY ANTI-ILLICIT TRADE EXECUTIVE FORUM AND TECHNICAL WORKING GROUP APPOINTMENT IT IS notified for the general information of the public that in exercise of the powers conferred by section 5 (2) of the Anti- Counterfeit Act, 2018 and pursuant to the resolution of the Inter- Agency Anti-Illicit Trade Committee made at its meeting held on the 19th March, 2018, the Inter-Agency Anti-Illicit Trade Committee has established and appointed the members of Inter-Agency Anti-Illicit Trade Executive Forum and the Inter-Agency Anti-Illicit Trade Technical working groups- Establishment and Members of the Inter Agency Anti-Illicit Trade Executive Forum There is established the Inter Agency Anti-illicit Trade Executive Forum which shall comprise of- Principal Secretary, State Department for Trade—Chairperson. Chief Executive Officer, Kenya Association of Manufacturers - Vice-Chairperson. Executive Director of Anti-Counterfeit Agency—Secretary. Representative from State Department for Industry. Representative from the Ministry of Agriculture. () Managing Director, Kenya Industrial Property Institute Office of the Director of Public Prosecution. Commissioner-General of KRA, or represented by Commissioner for Customs. Managing Director, Kenya Bureau of Standards (KEBS). Managing Director, Kenya Plant Health Inspectorate Services (KEPHIS). Managing Director, Kenya Copyright Board (KeCoBo). (I) Director, Weights and Measures Department. (m)Registrar, Pharmacy and Poisons Board. Inspector-General, National Police Service. Director-General, National intelligence Service. Chief Executive Officer, Council of Governors (COG). Chief Executive Officer, Kenya Private Sector Alliance. Chief Executive Officer, KNCCI. Chief Executive Officer, Financial Reporting Centre (FRC). Chief Executive Officer, Assets Recovery Agency. Attorney General, State Law Office and Department of Justice. Director, Immigration Chief Executive Officer, NACADA. Terms of Reference for Inter Agency Anti-Illicit Trade Executive Forum. • Advising the Cabinet Secretary responsible for trade and industry on all matters involving illicit trade: • Advising the Cabinet secretary responsible for trade and industry on policy, laws, and regulations to strengthen the war against illicit trade: • Co-ordinate with other ministries, departments and agencies and county governments with regard to issues of illicit trade; • Review the work of the Multi-Agency working group on a quarterly basis; • Consider and approve the implementation plan of the National Strategy on combating illicit trade; • Mobilize resources to implement the National Strategy; • Submit an annual report on its work to the Cabinet Secretary responsible for trade and industry; and • Perform any other functions as directed by the Cabinet Secretary responsible for trade and industry. Establishment and Members of the Inter-Agency Anti-Illicit Trade Technical Working Group There is established Inter-Agency Anti-Illicit Trade Technical Working Group which shall comprise of- The Chief Executive Officer of the Anti- Counterfeit Agency, who shall be the chairperson; Kenya Association of Manufacturers–Co-chair. State Department for Trade. State Department for Industry. Ministry of Agriculture. Kenya Industrial Property Institute. Office of the Director of Public Prosecution. Kenya Revenue Authority. Kenya Bureau of Standards. Kenya Plant Health Inspectorate Services (KEPHIS). Kenya Copyright Board Weights and Measures Department. (I) Pharmacy and Poisons Board. National Police Service (Economic Crimes Division under DC 1). National intelligence Service. Council of Governors. Kenya Private Sector Alliance. KNCCI. Financial Reporting Centre (FRC). Assets Recovery Agency. The Office of the Attorney General and the Department of Justice. Immigration. NACADA. Private sector (respective IPR holder). Terms of Reference for Inter Agency Anti-Illicit Trade Technical Working Group. • Develop a National Strategy on combating illicit trade in Kenya: • Individual institutions to develop specific institutional policies/strategies as per their mandate; • Co-ordinate the surveillance and investigations of the sources of merchandise that infringe on various laws, regulations and policies which form part of illicit trade; • Co-ordinate the enforcement of various laws, regulations and policies on illicit trade; • Co-ordinate with county governments on enforcement of laws to combat illicit trade; • Conduct and coordinate training on illicit trade; • Conduct and coordinate public awareness and education on illicit trade; • Conduct and coordinate research on illicit trade; • Co-ordinate with KRA on the importation and exportation of merchandise that are illicit in nature; • Support the international interdiction of merchandise destined for Kenya that are illicit in nature; • Collect and integrate information on illicit trade from domestic and international law enforcement agencies; - • Develop a means to receive and organize information regarding illicit trade from domestic and international law enforcement agencies; • Develop and implement risk-based alert systems, in co- ordination with KRA, to improve the targeting of persons that deal with illicit trade; • Co-ordinate with the Offices of the Director of Public Prosecutions in order to develop expertise in, and assist with the investigation and prosecution of, crimes relating to illicit trade; and • Carry out such other duties as the Executive Forum may assign. Dated the 10th July, 2018. ADAN MOHAMED, Cabinet Secretary, Ministry of industry, Trade and Co-operatives.