GAZETTE NOTICE NO. 10181

PURSUANT to Standing Order No. 28 (1) of the Baringo County Assembly Standing Orders and following a request by the leader of majority party in consultation with the Public Accounts and Investment Committee, it is notified for the information of the members of the County Assembly and the general public that there shall be special sittings of the County Assembly to he held at the County Assembly Chambers in Kabarnet, on Monday. 24th September, 2018 at 9:30 am. and 2:30 p.m. for the purposes of tabling and consideration of the report of the Committee on Public Accounts and Investment Committee on the reports of the Auditor-General on the financial statements of the Baringo County Assembly and the Baringo County Executive, for the period ended 30th June, 2015. Dated the 20th September, 2018. DAVID K. KIPLAGAT, MR/53532 10 Speaker of the Coun0' Assembly. GAZL'TFE NOTICE NO. 10182 CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (Na. 17of2012) COUNTY ASSEMBLY OF MACHAKOS STANDING ORDERS SIt-rING OF THE COUNTY ASSEMBLY IN KITI-UMANI WARD, YAlTA SURCOUNTY NOTICE is hereby given to all members of the County Assembly of Machakos and the general public that pursuant to Articles 10 (2) (a), 174 and 196 of the Constitution as read with Sections 87 (b), 91 (g). 98 (I) and 99 of the County Governments Act. 2012, the County Assembly of Machakos shall hold its sitting of 10th October, 2018 in Kithimani Ward at the Kithimani Stadium near the Cereal Board which is next to the Kithimani Catholic Church, at Kithimani Market, Yatta Sub-County, Machakos County. During the said sittings, the Assembly shall conduct its regular business in plenary sittings as per the County Assembly of Machakos Calendar (Regular Sessions) for the Second Session, 2018. Accordingly, I notify all Members of the County Assembly of Machakos and the general public that the first sitting of the County Assembly of Machakos shall commence at 10.00 a.m and the second sitting at 230pm. Dated the 26th September, 2018. FLORENCE M. MWANGANGI, MR/555861 9 Speaker of the County Assembly of Machakos. THE KENYA GAZETTE I 1- GAzfrrENOTIcNO. 10183 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT, 2012 THE PUBLIC APPOINTMENTS (COUNTY ASSEMBLIES APPROVAL) ACT, 2017 THE NAROK COUNTY ASSEMBLY STANDING ORDERS NOTIFICATION TO NOMINEES AND TIlE PUnLIC ON NOMINATION AND APPROVAL HEARINONCTI'INO OF COUNTY CHIEF Orviecas AND MEMOER, COUNTY EXECUTIVE COMMITFEE IT Is notified for the information of nominees and the public that persons listed in the table below have been nominated by His Excellency the Governor of Narok County for appointment as Chief Officers and Member, Narok County Executive Committee respectively and their names submitted to the County Assembly for vetting/approval. Consequently, pursuant to provisions of Article 185 of the Constitution of Kenya, 2010, section 8 (I) (a), 35 and 45 of the County Governments Act, No, 17 or 2012, section 7 of the Public Appointments (County Assemblies Approval) Act, No. S of 2017 and in particular, the spellic requirements of subsections (2), (4) and (5) thereof, and Standing Order No, 42, 185 and 191 of the Narok County Assembly Standing Orders, the following littcd nominees to the position in the aforementioned capacity are invited to appear before the Assembly's Committees for approval hearings/vetting as indicated below: FRIDAY 12TH OCTOBER. 2018 County kxecullve Cwni,,lite& Me,nl,er (Cec) Nominee Name of County Venue Time Nominee Assembly Committee George Committee on County 10,00 Kuseyo Appointments Assembly am. Chambers C/iiefO.IJ1res (CO) Nominees Name of tepartn1ent County Venue Time Nominee Assembly Committee Eunice 'Fourlam and Planning, trade, Cotimilttee 10.00 Naishorua Wildlife tourlssii and lootn I ant. Salau Development Cooperative Martha Housing 10.40 Nadupoi Committee am. Benson Lands 1120 Nchoe am. Saitoti Physical 12.00 Tingisha Planning and p.m. Urban Development David Co-operatives 12.40 Letuati p.m. Joshua Trade and 2.00 pm. Shankil lndustrializatio n Hillary Information, Finance and 2.40 pm. Sitienei Communication Economic and E- Planning Government Committee Dennis Finance and 3.20 p.m. Parsoi Economic Letiet Planning Sophia Public Works Transport and County 11:00 Sengeny Public Works Committee Assembly Chambers am. Newton Transport 11.40 Mpaima am. Johana Roads 12.20 Cheruiyot p.m. Philip Ole Education and Early Childhood 2.00 p.m. Tipaa Social Services and Vocational Education, ICT Geofrey Gender and 2.40 p.m. Sang Youth Affairs Training Committee Simon Public Service Labour and 3.20 p.m. Kurraru Management Committee Social Services Obadiah Devolution and 4.00 p.m. Rono Public Administration 5th October, 2018 Linus Water, Environment Committee 10.00 Nairimo Environment and Natural Room 2 am. and Natural Resources Resources Committee Koinet Fisheries Agriculture, 10,40 Lemcin Livestock and am. Fisheries ___________ Committee Grace Agriculture Agriculture, Committee 11.20 Muthoni Livestock and Room 2 am. Mugo - Committee Fisheries Willy Livestock 12.00 Loig.ero Dcvelopment p.m. GeofrCy Gender and Early Childhood 12.40 Sang Youth Affairs Education, ICY p.m. and Vocational Training Committee Sahara Preventive and Health Services 2.00 p.m. Ibrahim Promotive Committee Adan Health Services Dr. Faith Clinical Health 2.40 p.m. Njoki Services Gachachi The nominees are required to collect the relevant Qucstiotinttire from the Office of the Clerk of the County Assembly during official working hours or downlnd front County Assembly website www.ttorokassenibly.or.ke. Eight copies of the filled Questionnaire thould be returned together with 8 copies of the curriculum vitae, National Identity Card and certified copies of personal credcntial/aeodcmic certificates and other testimonials to the Office of the Clerk of the County Assembly at County Assembly Buildings not later than 5.00 p.m. on Thursday, 11th October, 2018. The nominees should also submit along with the above 8 certifIed copies of current clearance certificates from the following bodict- National Pollee Service Higher Education Loans Board Registered Credit Reference Bureau Kenya lcvetiue Authority Ethics atid AntlCnrrtiptlun Commltsln Nominees with foreign degrees must obtain accreditation front the Commissioft of Higher Education of Kenya, The originals of ALL the aforementioned documents should be availed to the Committee during the approval hearing. Members of the public are invited to attend the approval hearing sessions. Members of the public are also invited to submit any information or comment on the suitability or otherwise of any of the nominees for appointment to the respective position. The submissions may be made by way of sworn statements or affidavits and may be accompanied by any documentary evidence. The submissions may be Sent or hand delivered to the following address so as to be received by Wednesday, 10th October, 2018 at 5.00 p.m. The Clerk, Narok County Assembly, P.O. Box 19-20500, Narok. Dated the 1St October, 2018. MAYIANI OLE TUYA, MRJ5558654 Ag. Clerk. Narok County Assembly. GAZETFE NOTICE NO. 10184 THE PUBLIC OFFICER ETHICS ACT (No. 4 of 2003) THE NYERI COUNTY ASSEMBLY SERVICE BOARD PROCEDURES FOR ADMINISTRATION OF PART IV OF THE ACT FN EXERCISE of the powers conferred by section 33 (1) of the Public Officer Ethics Act, 2003. the Nyen County Assembly Service Board establishes the following administrative Procedures: PART I —PRELIMINARY 1. Citation These procedures may be cited as the Nyeri County Assembly Service Board Procedures for Administration of Part IV of the Act. 5th October, 2018 THE KENYA GAZETTE 3445 2. Interpretation In these Procedures, unless the context otherwise requires:- "Act" means the Public Officer Ethics Act, 2003; "Board" means the Nyeri County Assembly Service Board established in accordance with section 12 of the County Government Act, 2012; "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act, 2011; "Declarant" means a person who has made a declaration under the Act; 'Declaration form" means the form set out in the Schedule to the Act in accordance with section 26 (2) of the Act; "Declaration year" means the year when the two-year declaration under the Act falls due; "Designated Officer" means an employee of the Board assigned to administer these Procedures or any part thereof in accordance with clause 4 (2) of these Procedures; "Employee" means a public officer employed by the Board, "Final declaration" means a declaration made in accordance with section 27(5) of the Act; "Initial declaration" means a declaration made in accordance with sectIon 27(3) of the Act; "Public Officer" shall take the meaning in Article 260 of the Constitution of Kenya, 2010; "Regulations" means the Regulations made under the Act; "Secretaty" means the Clerk of the County Assembly or in absence of the Clerk, the person exercising the functions of the clerk in accordance with scction 2 of the County Assembly SeMecs Act, 2017; "Two-year declaration" means a declaration made in accordance with section 26(1) of the Mt. 3. Scope of Application Thce Procedures shall apply to the administration of Part IV of the Act with respect to employees of the Board. PART Il—PROCEDURE IN RELATION TO DECLARATIONS 4. Administration of the Procedures (I) The Secretary shall administer these Procedures on behalf of the Commission. The Secretary may designate officer(s) from among the employees of the Commission to administer the Procedures or any part thereof in respect to any specified category of employees of the Commission. The designation under sub-paragraph (2) shall be in wnting and shall outline the specific tasks to be performed by the Designated Officer. 5. Procedure in Submitting Declarations (I) An employee shall submit a declaration in the Form set out in the Schedule to the Act. (2) The Board may use such measures as may be appropriate to facilitate an employee to acquire the form referred to in sub- paragraph (I). (3) The Board may publish the declaration form in a format that may permit the declaration form- to be rendered in digital format; or to be downloaded from a website and printed out in paper format. (4) Where an employee is required to make an initial, two–year or final declaration, the Secretary or Designated Officer may issue a notification to the employee not less than thirty (30) days before the due date for the declaration. (5) For avoidance of doubt, failure to provide a declaration form or to issue a notification under this paragraph shall not be construed as a waiver of the responsibility of the employee to submit a declaration under the Act. 6. Completion and Submission of Declarations (I) An employee shall complete and submit the declaration form to the Secretary, 7. Register of Declarations (I) The Board shall maintain a register containing details of each employee who is required to make a declaration in accordance with the Act. The register shall include- (a) name; personal number; designation; directorate; department or unit (h) date the employee submitted the declaration form; type of declaration (initial,two-year or final); name and signature of the designated officer acknowledging receipt of the declaration; total number of employees who have submitted declarations as at the due date; (fl total number of employees required to submit declarations; and (g) any remarks relating to the declarations. (2) A register under this part may be maintained in separate documents. 8. Reports on Compliance (I) The Board shall submit to the Commission a report containing the following information: (a) In relation to two-year duclaration- (I) the number of employees on the payroll as at Slat October of the year of declaration; (Il) a certified copy of the register maintained in accordance with paragraph 6; the total number of employees who have Complied with the requirement for declarations; the total number of employees who have not complied with the requirement for declarations; action taken by the Board in relation to any employee who has not complied; and any relevant remarks on the submissions. (b) In relation to the initial and final declaration- number of employees required to make a declaration; the number of employees who have complied with the requirement for declaration; number of employees who have not complied with the requirement for declarations; action taken in relation to any employee who has not complied; and any relevant remarks on the submissions. (2) The report under this part shall: In relation to a two-year declaration, be submitted to the Commission, not later than 31st July, of the year following the declaration. In relation to initial and final declarations, be submitted to the Commission not later than 31st July following the end of the financial year within which the declarations were made. PART Ill—PROCEDURE IN RELATION TO CLARIFICATIONS 9. Requests for Clarification I. The Secretary or the Designated Officer shall review each declaration to ascertain if any of the following conditions exist- 3446 THE KENYA GAZETFE 5th October, 2018 (a) on the face of the declaration, or in light of any other information the Board may have, there is reason to suspect the declaration may be false or incomplete; (h) the assets of the declarant appear disproportionate to his or her known income; or (c) the income, assets or liabilities of the declarant raise concerns of impropriety or conflict of interest. 2. If it is suspected that any of the conditions in subparagraph (1) exist, the Secretary or Designated Officer shall give the declarant an opportunity to make a clarification in accordance with section 28 (I) of the Act. Request for a clarification shall be made in writing. The Secretary or Designated Officer shall, in the register of declarations, document the particulars of clarification sought, the mode of communication, the time given to respond, the date and particulars of response. if any. Ii no explanation is given, or if after considering any explanation the declarant may give, the Secretary or Designated Officer is of the opinion that the conditions in subparagraph (1) (h) still exist, the Secretary or Designated Officer may. in addition to any other action including investigations and commencement of civil proceedings, take disciplinary or other appropriate action against the employee. PART IV— PROCEDURE FOR THE ACCESS OR PUBLICATION OF INFORMATION IN A DECLARATION 10. Access and Publication of Information in a Declaration (1) The Board or any other person shall not disclose, access, acquire or publish the information in the declaration form except as may be provided in the Act, the Regulatioits, these Procedures, or any other written law. (2) A person who wishes to gaitt access or to publish information in relation to a declaration under the Act shall- (a) apply to the Board in the form set out in Appendix!: and (h) demonstrate to the Board that he or she has a legitimate interest in the information: and (c) demonstrate to the Board that the access to or publication of that informatiomt shall be for a good cause and in furtherance of the objectives of the Act. (3) Where the information is intended to be disclosed or publicized, the applicant shall expressly state so in the application. (4) Where a person has made an application to the Board in accordance with this paragraph- the Board shall issue the applicant with an acknowledgement in the form set out in Appendix II: the Board shall inform the declarant of the application in writing; the Board shall give the declarant an opportunity to make a representation in writing in relation to the application within fourteen (14) days; and the Board shall take into consideratiQn the representation by the public officer while determining the application. (5) 'rhe Board shall determine an application made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty (30) days of receipt of the application. (6) For the avoidance of doubt, the Board shll not release tsr part with the origimtal declaration nsae by any entployet, in Qatisfying the requirement of this pararapi, unless required for investigation by a Jaw enforcement agency or by any wriften Jaw. PROVIDED that where an original declaration is released qoder 10 (4) above the Board shall always retain a certified copy of the declaration; (7) Time Board shall maintain .a register of applications and dacisions made under this paragraph staing out-- - (a) the name of each applicant; h) rime: date each applicatin was received: the name and personal number of the employee who is the subject of the application; the department or other unit to which the employee belongs; a brief description of the information applied for; i whether the employee accepts or opposes to the information applied for; (g) a brief description of the decision made in relation to the application incltmding reasons for denial where applicable; and (h) date when the decision was cotnmuimicated to the applicant. 11. Access by Dcclarant An Application for access by an employee to his or her declaration may be determined by the Secretary. 12. Proof of Identity The Board shall not give access to the information in a declaration to- the employee unless the employee proves his or her idetitity: or a representative of the employee unless that representive- (i) provides proof of his or her authority to act as a representative of the employee; and (ii) provides proof of identity of the employee. 13. Decision to he Final (I) Except as provided under the Act, Regulations and these Procedures, the decisions of lite Board in relation to a declaration by an employee shall be final. (2) Any person dissatisfied witp the decision may appeal in accordance with the procedures st plil in the Public Officer Ethics (Management, Verification, and Access to Finaitcial Declarations) Regulations, 2011. 14. Regulations to Apply to this Part This part shall be read and construed together with the Public Officer Ethics (Management, Verification, and Access to Financial Declaratiotts) Regulations. 2011 PART V— PROCEDURE IN RELATION TO STORAGE AND RETENTION OF DECLARATION FORMS IS. Mechanisms for Storage, Retention and Retrieval The Board shall ensure that appropriate mechanisms are put in place for the safe and secure storage. retention and easy retrieval of the declarations The mechanisms established under sub-paragraph (I) may inclqde manual, electronic, microfilin or any other form as the Board may consider appropriate. Cessation of Retention of Information (I) Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in relation to that information. (2) The Secretary may make a written proposal to the Board in relation to the action to be taken by the Board in accordance with sub- paragraph (I). PAR1' VI-GENERAL PROVISIONS Powers of the Board (I) Notwithstanding delegation of any function or posver by the Board for the purposes of these procedures, the Board may- (a) exercise the delegated power or perform the delegated function; or (h) on is own motion or request by any person, revise• ,' decision of thç Secretary made for the purposes of these procedures. (2) 'rhe ?ard may from time to time review the operational pr,oce4tires put in place by the Secretary in the application of these pr.msccdmmes. 5th October, 2018 THE KENYA GAZETFE Matters not covered by these Procedures The Board may issue written instructions in relation to any matter that has not been provided for in these procedures. Representations to the Board The Board may consider representations from any person in the application of these procedures. Review The Board may from time to lime review the operational arrangements put in place by the Secretary in the application of these procedures. The Comm ission may review these procedures from time to time as may he necessary. APPENDIX I REQUEST TO ACCESS A DECLARATION OR CLARIFICiVI1ON Nate: A separate form to be completed in respect of a request for information for each declarant. Pail 1: Information on Applicant I. Namc............................................................... National Identity Card/Passport Number.................. Postal Address....................................... Physical Address................................... E-mail Address.................................... Occupation......................................................... Part II: Particulars of Information Applied for (a) Nature of Information (please tick I. Declaration Clarification Declaration and Clarification (b) I)eclaration period............. Part III: Information on the Peison whose declaration is sought to be obtained (Pa) Name....................................................................... 'b Directorate/1)epartment (if known).................................... (C) Work Station............................................. (d) Reason for requiring the information:- Official..................................................................... Other reason.......................................... (e) State precisely the purpose for which the declaration sought will be used Part IV: Additional Information Give any other information you may consider relevant and useful to your request Part V: Declaration by Applicant .................................................solemnly declare that the information I have given above is true, complete and correct to the best of my knowledge. Date............................................................................. Signature of Applicant......................................................... APPENDIX II ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION Name of Applicant.............................................................. National Identity Card/Passport Number.................................... Name of Organization (where applicable)................................... PostalAddress.................................................................. Date of Application............................................................ Deliveredby..................................................................... Signature........................................................................ A rcsponse on this request will be communicated within thirty (30) days Irons the date of this acknowledgement. Name of Receiving Officer ................................................ Signature...................................................................... Datc............................................................................ Stamp: Approved by the Nyeri County As.scmbly Service Boaid, in accordance with the provisions of section 33(1) of the I'ublic Officers Ethics Act, 2003. J. N. MWIGGEH, Secretary, Nyeri County Assembly Service Board. MR15353390 5Garette Notice No. 10031 of 2018 is revoked. GAZErrE NOTICE NO. 10185 THE PUBLIC OFFICER ETHICS ACT (No. 4 012003) THE LAIKIPIA COUN1'Y ASSEMBLY SERVICE BOARD PROCEDURES FOR ADMINISTRATION OF PART IV OF THE ACT IN EXERCISE of the powers conferred by section 33(t) of the Public Officer Ethics Act, 2003, the Laikipia County Assembly Service Board establishes the following administrative Procedures: PART I —PRELIMINARY Citation These Procedures may be cited as the Laikipia County Assembly Service Board Procedures for Administration of Part IV of the Act interpretation In these Procedures, unless the context otherwise requires:- "Act" means the Public Officer Ethics Act, 2003: "Board" means the Laikipia County Assembly Service Board established in accordanoc with section 12 of the County Govemment Act, 2012; "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act. 2011; "Declarant" means a person who has made a declaration under the Act; "Declaration form" means the forin set out in the Schedule to the Act in accordance with section 26 (2) of the Act; "Declaration year" means the year when the two-year declaration under the Act falls due; "Designated Officer" means an employee of the Board assigned to administer these Procedures or any part thereof in accordance with clause 4(2) of these Procedures: "Employee" means a public officer employed by the the Board; "Final declaration" means a declaration made in accordance with section 27(5) of the Act; "Initial declaration" means a declaration made in accordance with section 27(3) of the Act; "Public Officer" shall take the meaning in Article 260 of the Constitution of Kenya, 2010; "Regulations" means the Regulations made under the Act; I EL THE KENYA GAZE11'E 5th October, 2018 "Secretary" means the Clerk of the County Assembly or in absence of the Clerk, the person exercising the functions of the clerk in accordance with section 2 of the County Assembly Service Act, 2017; "Two-year declaration" means a declaration made in accordance with section 26(1) of the Act 3. Scope of Application These Procedures shall apply to the administration of Part IV of the Act with respect to employees of the Board. PART 11—PROCEDURE IN RELATION TO DECLARATIONS 4. Administration of the Procedures (I) The Secretary shall administer these Procedures on behalf of the Board; The Secretary may designate officer(s) from among the employees of the Board to administer the Procedures or any part thereof in respect to any specified category of employees of the Board; The designation under sub-paragraph (2) shall be in writing and shall outline the specific tasks to be performed by the Designated Officer. 5. Procedure in Submitting Declaratlotis (l)An employee shall submit a declaration In the Porm set out In the Schedule to the Act. (2)The Board may use such measures as may be appropriate to facilitate an employee to acqufre the form referred to In sub-paragraph (I). (3)The Board may publish the declaration form in a format that may permit the declaration form = (a) to be rendered in digital format; or (li) to be downloaded from a website and printed out In paper format. Where an employee Is required to make an Initial, two'=year or final dedaration, the Secretary or Designated Offler may Issue a notificution to the employee not less than thirty (30) days before the due d5t.e for the declaration, For avoidance of doubt, failure to provide a declaration form or to issue a notification under this paragraph shall not be construed as a waiver of the responsibility of the employee to submit a declaration under the Act. 6. Completion and Submission of Declarations (I) An employee shall complete and submit the declaration form to the Secretary. 7. Register of Declarations (1) The Board shall maintain a register containing details of each employee who is required to make a declaration in accordance with the Act. The register shall include- name; personal number; designation; directorate; department or unit date the employee submitted the declaration form; type of declaration (initial, tow-year or final); name and signature of the designated officer acknowledging receipt of the declaration; total number of employees who have submitted declarations as at the due date; (19 total number of employees required to submit declarations; and (g) any remarks relating to the declarations. (2) A register under this part may be maintained in separate documents. 8. Reports on Compliance I. The Board shall submit to the Commission a report containing the following information: (a)in relation to two-year declaration- The number of employees on the payroll as at 31st October of the year of declaration; A certified copy of the register maintained in accordance with paragraph 6; The total number of employees who have complied with the requirement for declarations; The total number of employees who have not complied with the requirement for declarations; Action taken by the Board in relation to any employee who has not complied; Any relevant remarks on the submissions, (b) in relation to the initial and final declaration- (I) Number of employees required to make a declaration; The number of employees who have complied with the requirement for declaration; Number of employees who have not complied with the requirement for declarations; Action taken in relation to any employee who has not complied; Any relevant remarks on the submissions, II. The report under this part shall; In relation to a two-year declaration, be submitted to the Commission, not later than 318t July, of the year following the declaration; In relation to initial and final declarations, be submitted to the Commission not later than 31st July followIng the end of the financial year within which the declarations were made. PART Ill -=PROCEDURR IN RELATION TO CLARIFICATIONS (a) Requests for ClarIfIcatIon 9 The Secretary or the Designated Officer shall reVIew each declaration to aacertain if any of the following eonditIon exist- on the face of the declaration, or in light of any other information the Board may have, there is reason to suspect the declaration may be false or incomplete; the assets of the declarant appear disproportionate to his or her known income; the income, assets or liabilities of the declarant raise concerns of impropriety or conflict of interest. If it is suspected that any of the conditions in subparagraph (I) exist, the Secretary or Designated Officer shall give the declarant an opportunity to make a clarification in accordance with section 28(1) of the Act. Request for a clarification shall be made in writing. The Secretary or Designated Officer shall, in the register of declarations, document the particulars of clarification sought, the mode of communication, the time given to respond, the date and particulars of response, if any. If no explanation is given, or if after considering any explanation the declarant may give, the Secretary or Designated Officer is of the opinion that the conditions in subparagraph (1) (b) still exist, the Secretary or Designated Officer may, in addition to any other action including investigations and commencement of civil proceedings, take disciplinary or other appropriate action against the employee. PART IV— PROCEDURE FOR THE ACCESS OR PUBLICATION OF INFORMATION IN A DECLARATION 10. Access and Publication of Information in a Declaration (I) The Board or any other person shall not disclose, access, acquire or publish the information in the declaration form except as may be provided in the Act, the Regulations, these Procedures, or any other written law. 5th October, 2018 THE KENYA GAZEFE (2) A person who wishes to gain access or to publish information in relation to a declaration under the Act shall:- apply to the Board in the form set out in Appendix I; and demonstrate to the Board that he or she has a legitimate interest in the information; and demonstrate to the Board that the access to or publication of that information shall be for a good cause and in furtherance of the objectives of the Act. (3) Where the information is intended to be disclosed or publici.ed, the applicant shall expressly state so in the application. (4) Where a person has made an application to the Board in accordance with this paragraph;. (a) the Board shall issue the applicant with an acknowledgement in the form set out in Appendix II; (h) the Board shall inform the declarant of the application in writing; (c) the Board shall give the declarant an opportunity to make a representation in writing in relation to the application within 14 days; and (d) the Board shall take into consideration the representation by the public officer while determining the application. (5) The Board shall determine an application made In accordance with this paragraph and communicate Its decision In writing to the applicant within thirty (30) days of receipt of the application. (6) For the avoidance of doubt, the Board shall not release or part with the original declaration made by any employee in satisfying the requirement of this paragraph, unless required for investigation by a law enforcement agency or by any written law, PROVIDED that where an orIginal declaratIon is released under 10 (4) above the Hoard shall always retain it certified copy of the declaration; (7) The Hoard shall maintain a regIster of applications and decIsions made under this paragraph setting out; (u) the name of each applicant1 (b) the date each application was received; (c) the name and personal number of the employee who is the subject of the application; (d) the department or other unit to which the employee belongs; (e) a brief description of the information applied for; (fl whether the employee accepts or opposes to the information applied for; a brief description of the decision made in relation to the application including reasons for denial where applicable; and date when the decision was communicated to the applicant. 11. Access by Declarant An Application for access by an employee to his or her declaration may be determined by the Secretary. 12. Proof of Identity The Board shall not give access to the information in a declaration to- (a) the employee unless the employee proves his or her identity; or (ii) Provides proof of identity of the employee. 13. Decision to be Final (I) Except as provided under the Act, Regulations and these Procedures, the decisions of the Board in relation to a declaration by an employee shall be final. (2) Any person dissatisfied with the decision may appeal in accordance with the procedures set out in the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Rcgulations,2011 . 14. Regulations to Apply to this Part This part shall be read and construed together with the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations, 2011. PART V— PROCEDURE IN RELATION TO STORAGE AND RETENTION OF DECLARATION FORMS 15, Mechanisms for Storage, Retention and Retrieval (I) The Board shall ensure that appropriate mechanisms are put in place for the safe and secure storage, retention and easy retrieval of the declarations (2) The mechanisms established under sub-paragraph (I) may include manual, electronic, microfilm or any other form as the Board may consider appropriate. 16. Cessation of Retention of Information Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in relation to that information. The Secretary may make a written proposal to the Board in relation to the action to be taken by the Hoard in accordance with sub paragraph (I). PART Vl-.GENERAL PROVISIONS 17. Powers of the Hoard (I) Notwithstanding delegation of any function or power by the Hoard for the purposes of these Procedures, the Hoard may; exercise the delegated power or perform the delegated function; or on Its own motion or request by any person, revise a decIsion of the Secretary made for the purposes of these Procedures (2) The Board may from time to time review the operational procedures put in place by the secretary in the application of these procedures. IS. Matters not covered by these Procedures The Board may issue written instructions in relation to any matter that has not been provided for in these procedures. Representations to the Board The Board may consider representations from any person in the application of these Procedures. Review The Board may from time to time review the operational arrangements put in place by the Secretary in the application of these Procedures. The Board may review these Procedures from time to time as may be necessary. APPENDIX I REQUEST TO ACCESS A DECLARATION OR CLARIFICATION Note: A separate form to be completed in respect of a request for information for each declarant. Part I: Information on Applicant Name ... ................................................................................. National Identity Card/Passport Number........................ Postal Address.......................................................... Physical Address..................................................... E-mail Address....................................................... Occupation..................................................................... (b) a representative of the employee unless that representative- (i) Provides proof of his or her authority to act as a representative of the employee; and Part 11: Particulars of Information Applied for (a) Nature of Information (please tick Declaration Clarification Declaration and Clarification THE KENYA GAZETTE 5th October, 2018 PART 1 —PRELIMINARY I. Citation These Procedures may be cited as the Nakuru County Assembly Service Board Procedures for Administration of Part IV of the Act 2. Interpretation (b) Declaration period Part Ill—Information on the Person whose declaration is sought tobe obtained: Name................................................................. Directoratell)cpartment (if known)............................... Work Station........................................................ Reason for requiring the ittformation:- (I) Official....................................................................... (ii) Other mason...................................................... State precisely the purpose for which the declaration sought will be used Part IV — Additional Information Give any othcr infortnation you may consider relevant and useful to your request Part V — Declaration by Applicant ............................................solemnly declare that the information I have given above is truc, complete and correct to the best of my knowledge. Date................................................................................ Signature of Applicant...................................................... APPENDIX II ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION Nameof Applicant.............................................................. National Identity Card/Passport Number....................................... Name of Organizntion (where applicable)..................................... P,'.i Dateof Application...................................................................... Deliveredby.............................................................................. Signature........................................................................ A response on this request will be communicated within thirty (30) days from the date of this acknowledgement. Name of Receiving Officer.................................................... Signature.............................................................................. Date......................................................................................... Stamp: MR/555859l GAZETrE NOTICE No. 10186 THE PUBLIC OFFICER ETHICS ACT (No.4012003) THE NAKURU COUNTY ASSEMBLY SERVICE BOARD PROCEDURES FOR ADMINISTRATION OF PART IV OF THE ACT IN EXERCISE of the powers conferred by section 33 (1) of the Public Officer Ethics Act. 2003, the Nakitru County Assembly Service Board establishes the following administrative Procedures: In these Procedures, unless the context otherwise requires- "Act" means the Public Officer Ethics Act. 2003; "Board" means the Nakuru County Assembly Service Board established in accordance with section 12 of the County Government Act, 2012; "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act, 2011; "Declarant" means a person who has made a declaration under the Act; "Declaration form" means the form set out in the Schedule to the Act in accordance with section 26 (2) of the Act; "Declaration year" means the year when the two-year declaration under the Act falls due; "Designated Officer" means an employee of the Board assigned to administer these Procedures or any part thereof in accordance with clause 4(2) of these Procedures; "Employee" means a public officer employed by the the Board; "Final declaration" means a declaration made in accordance with section 27(5) of the Act; "Initial declaration" means a declaration made in accordance with section 27(3) of the Act; "Public Officer" shall take the meaning in Article 260 of the Constitution of Kenya, 2010; "Regulations" means the Regulations made under the Act; "Secretary" means the Clerk of the County Assembly or in absence of the Clerk, the person exercising the functions of the clerk in accordance with section 2 of the County Assembly Service Act, 2017; "Two-year declaration" means a declaration made in accordance with section 26(1) of the Act. 3. Scope of Application These Procedures shall apply to the administration of Part IV of the Act with respect to employees of the Board. PART U—PROCEDURE IN RELATION TO DECLARATIONS 4. Administration of the Procedures The Secretary shall administer these Procedures on behalf of the Board; The Secretary may designate officer(s) from among the employees of the Board to administer the Procedures or any part thereof in respect to any specified category of employees of the Board; The designation under sub-paragraph (2) shall be in writing and shall outline the specific tasks to be performed by the Designated Officer. 5. Procedure in Submitting Declarations (I) An employee shall submit a declaration in the Form set out in the Schedule to the Act. The Board may use such measures as may be appropriate to facilitate an employee to acquire the form referred to in sub-paragraph (I). The Board may publish the declaration form in a format that may permit the declaration form- to be rendered in digital format; or to be downloaded from a website and printed out in paper format. 5th October, 2018 THE KENYA GAZEI1'E 3451 Where an employee is required to make an initial. two—year or final declaration, the Secretary or Designated Officer may issue a notification to the employee not less than thirty (30) days before the due date for the declaration. For avoidance of doubt, failure to provide a declaration form or to issue a notification under this paragraph shall not be construed as a waiver of the responsibility of the employee to submit a declaration under the Act. 6. Completion and Submission of Declarations (I) An employee shall complete and submit the declaration form to the Secretary. 7. Register of Declarations (I) The Board shall maintain a register, containing details of each employee who is required to make a declaration in accordance with the Act. The register shall include- name; personal number; designation; directorate; department or unit date the employee submitted the declaration form; type of declaration (initial,tow-year or final); name and signature of the designated officer acknowledging receipt of the declaration; (c) total number of employees who have submitted declarations s.c at the due date; (J) total number of employees required to submit declarations; and (g) any remarks relating to the declarations. (2) A register under thit part may be maititained in separate documents, 8. Reports on Compilattee 6, The Board shall submit to the Commla1on a report containing the followIng Itiftirmatiotu (a) in relation to two-year declaration - The number of employees on the paymll as at 31st October of the year of declaration; A certified copy of the register maintained in accordance with paragraph 6; The total number of employees who have complied with the requirement for declarations; The total number of employees who have not complied with the requirement for declarations; Action taken by the Board in relation to any employee who has not complied; Any relevant remarks on the submissions. (b) in relation to the initial and final declaration- Number of employees required to make a declaration; The number of employees who have complied with the requirement for declaration; Number of employees who have not complied with the requirement for declarations; Action taken in relation to any employee who has not complied; Any relevant remarks on the submissions. I. The report under this part shall; (a) In relation to a two-year declaration, be submitted to the Commission, not later than 31st July, of the year following the declaration. (b) In relation to initial and final declarations, be submitted to the Commission not later than 31st July following the end of the financial year within which the declarations were made. PART Ill—PROCEDURE IN RELATiON TO CLARIFICATIONS 9. Requests for Clarification (I) The Secretary or the Designated Officer shall review each declaration to ascertain if any of the following conditions exist- (a) on the face of the declaration, or in light of any other information the Board may have, thcre is reason to suspect the declaration may be false or incomplete; (b) the assets of the dcciarant appear disproportionate to his or her known income; (c) the income, assets or liabilities of the declarant raise concerns of impropriety or conflict of interest. If it is suspected that any of the conditions in subparagraph (I) exist, the Secretary or Designated Officer shall give the declarant an opportunity to make a clarification in accordance with section 2( I) of the Act. Request for a clarification shall he made in writing. The Secretary or Designated Officer shall, in the register of declarations, document she patliculars of clarification sought, the nulde of communication, the time given to respond. the. date and particulars of response, if any. If no explanation is given.or if after considering any explanation the declarant may give, the Secretary or Designated Officer is of the opinion that the conditions in subparagraph (I) (h) still exist, the Secretary or Designated Officer mtsy, in addition to any other action including investigations and commencement of civil proceedings, take disciplinary or other appropriate action against the employee. PART IV— PKOCEUURE FOR THE ACCESS OR PUJCAION OF [NPORMA1'ION IN A DECLARATION 10. Access and Publication of lnformnt Ion in it l)cclnrntlon (1) The I3otusl or any other tsmsoti nhtmll not dlclose, access, acquire or publish the lnfnmmth,n in the tlecltsiatkrn fonti except as may be pitwided In the Act, the Regulatlotic, these Prttccdutus, or nay other written law (2) A person who wishes to gain access or to publish information in relation to a declaration under the Act shall:- (a) apply to the Board in the form set out in Appendix I; and (h) demonstrate to the Board that he or she has a legitimate interest in the information; and (c) demonstrate to the Board that the access to or publication of that information shall be for a good cause and in furtherance of the objectives of the Act. (3) Where the information is intended to be disclosed or publicized, the applicant shall expressly state so in the application. (4) Where a person has made an application to the Board in accordance with this paragraph:- (a) the Board shall issue the applicant with an acknowledgement in the form set out in Appendix fl; (6) the Board shall inform the declarant of the application in writing; (c) the Board shall give the declarant an opportunity to make a representation in writing in relation to the application within 14 days; and (d) the Board shall take into consideration the representation by the public officer while determining the application. (5) The Board shall determine an application made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty (30) days of receipt of the application. (6) For the avoidance of doubt, the Board shall not release or part with the original declaration made by any employee in satisfying the requirement of this paragraph, unless required for investigation by a law enforcement agency or by any written law. PROVIDED that where an original declaration is released under 10 (4) above the Board shall always retain a certified copy of the declaration; (7) The Board shall maintain a register of applications and decisions made under this paragraph setting out:- the name of each applicant; the date each application was received; the name and personal number of the employee who is the subject of the application; the department or other unit to which the employee belongs; a brief description of the information applied for; (J) whether the employee accepts or opposes to the information applied for; (g) a brief description of the decision made in relation to the application including reasons for denial where applicable; and (h) date when the decision was communicated to the applicant. Ii. Access by Declarant An Application for access by an employee to his or her declaration may be determined by the Secretary. 12. Proof of Identity The Board shall not give access to the information in a declaration to- the employee unless the employee proves his or her identity; or a representative of the employee unless that representative- (i) Provides proof of his or her authority to act as a representative of the employee; and (ii) Provides proof of identity of the employee. 13. Decision to be Final (I) Except as provided under the Act, Regulations and these Procedures, the decisions of the Board in relation to a declaration by an employee shall be final. (2) Any person dissatisfied with the decision may appeal in accordance with the procedures set Out in the Public Officer Ethics (Management. Verification, and Access to Financial Declarations) Regulations, 2011. 14. Regulations to Apply to this Part This part shall be read and construed together with the Public Officer Ethics (Management, Verification, and Access to Financial Declarations) Regulations, 2011. PART V—PROCEDURE IN RELATION TO STORAGE AND RETENTION OF DECLARATION FORMS 15. Mechanisms for Storage, Retention and Retrieval (I) The Board shall ensure that appropriate mechanisms are put in place for the safe and secure storage, retention and easy retrieval of the declarations (2) The mechanisms established under sub-paragraph (I) may include manual, electronic, microfilm or any other form as the Board may consider appropriate. 16. Cessation of Retention of Information Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in relation to that information. The Secretary may make a written proposal to the Board in relation to the action to be taken by the Board in accordance with sub- paragraph (I). PART VT—GENERAL PROVISIONS 17. Powers of the Board (1) Notwithstanding delegation of any function or power by the Board for the purposes of these Procedures, the Board may: (a) exercise the delegated power or perform the delegated function; or (b) on its own motion or request by any person, revise a decision of the Secretary made for the purposes of these Procedures. (2) The Board may from time to time review the operational procedures put in place by the secretary in the application of these procedures. Matters not covered by these Procedures The Board may issue written instructions in relation to any matter that has not been provided for in these procedures. Representations to the Board The Board may consider representations from any person in the application of these Procedures. Review (I) The Board may from time to time review the operational arrangements put in jlace by the Secretary in the application of these Procedures. (2) The Board may review these Procedures from time to time as may be necessary. APPENDIX I REQUEST TO ACCESS A DECLARATION OR CLARIFICATION Note: A separate form to be completed in respect of a request for information for each declarant. Part I: Information on Applicant I. Nanie ... .................................................................................. National Identity Card/Passport Number........................ Postal Address.......................................................... Physical Address.................................................... E-mail Address...................................................... Occupation.................................................................. Part Il: Particulars of Information Applied for (a) Nature of Information (please tick Declaration Clarification Declaration and Clarification (b) Declaration period Part Ill: Information on the Person whose declaration is sought to be obtained: (a) Name................................................................. (b) Directorate/Department (if known)............................... (c) Work Station........................................................ (d) Reason for requiring the information:- Official........................................................................ Other reason...................................................... (e) State precisely the purpose for which the declaration sought will be used Part lV—Additional Information Give any other information you may consider relevant and useful to your request Part V—Declaration by Applicant I. ............................................................ solemnly declare that the information I have given above is true, complete and correct to the best of my knowledge. Date................................................................................ Signature of Applicant...................................................... APPENDIX II ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION 5th October, 2018 THE KENYA GAZETTE 3453 Nameof Applicant............................................................. National Identity Card/Passport Number...................................... Name of Organization (where applicable)...................................... PostalAddress.................................................................... Dateof Application..................................................................... Deliveredby............................................................................. Signature........................................................................ A response on this request will be communicated within thirty (30) days from the date of this acknowledgement. Name of Receiving Officer:................................................ Signature.............................................................................. Date......................................................................................... Stamp: MR/5353353 GAZETrE NOTICE No. 10187 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (COMMERCIAL AND ADMIRALTY DIVISION) INSOLVENCY PETITION NO. I.P 25 OF 2018 IN THE MATTER OF UCHUMI SUPERMARKETS LIMITED AND IN THE MATTER OF THE INSOLVENCY ACT PETrn0N FOR WINDING UP NOTICE is given that a petition for the winding up of the above mentioned company by the High Court was on the 3rd September, 2018 presented to the said Court by Githunguri Dairy Farmers Co-operative Society and the said petition is directed to be heard before the High Court sitting at Nairobi on the 17th October, 2018 and any creditor or contributory of the said Company desirous to support or oppose the making of an order on the said petition may appear at the time of hearing in person or by his advocate for that purpose and a copy of the petition will be furnished by the undersigned to any creditor or contributory of the said Company requiring such a copy on payment of the regulated charge for the same. Dated the 17th September, 2018. KAMAU KURIA & COMPANY, MR15353 194 Advocates for the Petitioner. GAZETFE NOTICE NO. 10188 THE INSOLVENCY ACT UNDER SECTION 349 (1) OF THE INSOLVENCY ACT, 2015 AND RULE 73 OF THE INSOLVENCY REGULATIONS, 2016 ADMISSION TO THE NO ASSET PROCEDURE Name of Debtor—Joseph Obiri Kenyaga. Registered Postal Address-80 13-00200, Nairobi. Cause No.-.NAP009 of 2018. Date of Application—I 2th March, 2018. Date of Admission—I Ith June, 2018. Duration of No Asset Procedure—I 2 months. Venue—Sherja House, First Floor. Time—lI.00a.m.. Dated the 13th September, 2018. MARK GAKURU, MR/5353228 Ag. Official Reciever. GAZETrE NOTICE No. 10189 THE TRANSFER OF BUSINESS ACT (Cap. 500) BUSINESS TRANSFER PURSUANT to sections 3 and 4 of the Transfer of Business Act of the laws of Kenya, notice is given that Office Mart Limited of P.O. Box 27750-00200, Nairobi, Kenya aforesaid (the "transferor") who carry on business as retailers of office supplies and services shall with effect from the 1st October, 2018 transfer its business and assets to Sai Office Supplies Limited, of P.O. Box 61663-00200, Nairobi, (the "transferee") who carries on business at The Odyssey 84, Muthithi Road, Nairobi. The transferee shall not assume any of the liabilities incurred in the business by the transferor prior to the date of transfer. Dated the 1st October, 2018. CM ADVOCATES LLP, MRJ555865 I Advocates for Intended Transferee and Transferor. GAZETFE NOTICE No. 10190 THE POLITICAL PARTIES ACT (No. lIof2OIl) CHANGE OF POLITICAL PARTY OFFICIALS IN EXERCISE of the power conferred by section 20 (1) (c) of the Political Parties Act, 2011, the Registrar of Political Parties gives notice that National Rainbow Coalition-Kenya intends to change its party official as follows - Designation Former Official Current Official Deputy National - Kelvine Kabala Kile Chairperson Secretary-General Ambrose Nzomo Michael Otieno Orwa (Dr.) Any person with written submissions concerning the intended change by the political party shall within seven (7) days from the date herein, deposit them with the Registrar of Political Parties. Further enquiries can be made through the Registrar's Offices, P.O. Box 1131-00606, Lion Place, Waiyaki Way, 1st Floor, from 8.00 a.m. to 5.00 P.M. Dated the 13th September, 2018. ANNE NDERITU, MRJ5353 180 Ag. Registrar of Political Parties. GAZETrE NOTICE NO. 10191 THE POLITICAL PARTIES ACT (No.11 of20ll) CHANGE OF POLITICAL PARTY OFFICIALS IN EXERCISE of the power conferred by section 20 (I) (c) of the Political Parties Act, 2011, the Registrar of Political Parties gives notice on the national executive officials of the Party of National Unity (PNU), following the Judgment delivered on 11th September, 2018 by the High Court in Judicial Review Misc. Application No.384 of 2017 confirming the decision of Political Parties Dispute Tribunal delivered on 20th June, 2017 in Complaint No.14 of 2017 to the effect that "the officials of the interested party in office as at 27th October, 2016 remain the bonafide office bearers of the Party of National Unity (PNU). The officials are as follows: Name of Official Designation Mwai Kibaki Party Leader John Kamama Mbugua National Chairman Irene K. Muronji 1st Vice-Chairperson Paul 0. Amenya 2nd Vice-Chairperson hn Anunda Okemwa Jo nes Secretary-Ge rZ neral Ag Toya K. Deputy Secretary-General THE KENYA GAZE'VJ'E 5th October, 2018 Name of Official l)esignation Alphonse M. Musyoki National Organizing Secretary Mwajuma Rajab Economy and Finance Secretary Anastacia Munyendo Nationpl Treasurer Genery Wando Deputy Treasurer Ann Chebet Director of Elections Prisca W. Mwita I çon.Womcn League Beatrice Cherono ______ Chairperson, Youth Ige Any person with written submissions concerning the iirtended change by the political party shall within seven (7) days from the date herein, deposit them with the Registrar of Political Parties. Further enquiries can be made through the Registrar's Offices, P.O. Box 1131-00606, Lion Place, Waiyuki Way, 1st Floor from 80) am. to 5.00 p.m. Dated the 25th September, 2018. ANNE NDERITU, MR/5353368 Ag. Registrar of Political Parties. GnzErrF NoTh:tNo. 10 192 THE LABOUR RhLATIONS ACE (No, 14of 2007) APPI.ac,vrloN FOR RECISTRATtON OFTRAf)F, IJNION NOTICE is given pttrsu.'mt to sections 14, IS and 17 of the Labour Relations Act, to all trade unions, federation of trade unions, employers organizations or federations, of the receipt of application for registration ot the follwi ng: Ti IL KLNYA UNION 01: NON-C, VERNMt;NTAI, ORUANIZATIONS l.MPt.OYEES ANt) HJMAN AID PROVIDERS The notice is given to the follosving registered tritde unioim, employer4 uigani/1u ions or federations. I Kenya Union of Domestis, hotels, P.dueulional Institutions nnil hospital Workers (KUt3hlhhlA to submit in writing any such objection(s) against the applicants within twenty one ( I) days from the date of publication of this notice. E. N. GICHEHA, MR/5353 188 Registrar of Trade Unions.