GAZETTE NOTICE NO. 5154
the 24th May, 2019 to 23rd October, 2019. Dated the 21st March, 2019. JOSEPH K. KIIYUA, Head of the Public Service. GAZETrE NOTICE No.2577 TASKFORCE ON THE NATIONAL RISK ASSESSMENT (NRA) N MONEY LAUNDERING AND TERRORISM FINANCING APPOINTMENT WHEREAS Kenya is a member of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) which is an Associate Member of the Financial Action Task Force (FATF); WHEREAS the mandate of the Financial Action Task Force (FATF) is to set standards and to promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and the financing of proliferation, and other-related threats to the integrity of the international financial system (the FATF Recommendations); WHEREAS the Financial Action Task Force (FATF) Recommendations set out a comprehensive and consistent framework of measures which countries are required to implement in order
(Cap. 302)
ESTABLISHMENT
WHEREAS Kenya is a member of the Eastern and Southern Africa
Anti-Money Laundering Group (ESAAMLG) which is an Associate
Member of the Financial Action Task Force (FATF);
WHEREAS the mandate of the Financial Action Task Force
(FATF) is to set standards and to promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and the financing of proliferation, and other-related threats to the integrity of the international financial system
(the FATF Recommendations);
WHEREAS the Financial Action Task Force (FATF)
Recommendations set out a comprehensive and consistent framework of measures which countries are required to implement in order to combat money laundering and terrorist financing, as well as the financing of proliferation of weapons of mass destruction; and
W1-LEREAS Recommendation 1 of the Financial Action Task Force
(FATF) Recommendations require countrieS to identify, assess and understand the money laundering and terrorist financing risks for the country, and to take action, including designating an authority or mechanism to coordinate actions to assess risks, and apply resources, aimed at ensuring the risks are mitigated effectively and based on that assessment, countries are required to apply a risk-based approach
(RBA) to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the risks identified:
THEREFORE, IT IS notified for general information of the Public, that the Cabinet Secretary for the National Treasury and Planning, in consultation with the relevant Ministries, Departments, Agencies
(MDAs) and other stakeholders, appoints a Task Force on National
Risk Assessment on Money Laundering and Terrorism Financing (Task
Force), consisting of members from the following organisations.
The National Treasury and Planning - (Chairperson); -
Financial Reporting Centre (FRC) - (Co-ordinator);
Central Bank of Kenya (CBK);
Anti-Narcotics Unit (ANU);
Anti-Terrorism Police Unit (ATPU);
Asset Recovery Agency (ARA);
Banking Fraud Investigations DepartmentlUnit (BFID);
Betting and Licensing Control Board (BCLB);
Bttsiness Registration Service;
Capital Markets Authority (CMA);
11, Directorate of Criminal Investigations (DCI);
Ethics and Anti-Corruption Commission (EACC);
insurance Regulatory Authority (IRA);
Kenya Bankers Association (KBA);
Kenya National Bureau of Statistics (KNBS);
Kenya Revenue Authority (KRA);
Kenya Wildlife Service (KWS);
Ministry of Foreign Affairs (MFA);
Ministry of Interior and Co-ordination of National
Government;
Ministry of Lands and Physical Planning;
National Counter Terrorism Centre (NCTC);
National Crime Research Centre;
National Intelligence Service (NIS);
National Police Service (NPS);
NGO Co-ordination Board;
Office of the Attorney General and Department of Justice
(OAG and DOJ);
Office of the Director of Public Prosecutions (ODPP);
Retirement Benefits Authority (RBA);
Sacco Societies Regulatory Authority (SASRA); and
State Department of Immigration.
The Taskforce shall facilitate the conduct of Kenya's National Risk
Assessment on Money Laundering and Terrorism Financing (NRA).
Specifically, the Taskforce shall- undertake-the necessary preparatory work for the National
Risk Assessment on Money Laundering and Terrorism
Financing (NRA);
co-ordinate and conduct theNRA exercise;
S identify and assess the level and trends of money laundering
(ML) and terrorist financing (TF) risk in the country;
discuss with, and hold meetings with concerned Ministries, Departments and Agencies (MDAs) and other concerned parties and stakeholders to assess and understand the level and trends of money laundering (ML) and terrorist financing
(TF) risk in their respective areas of operations and the
MDAs and other concerned parties and stakeholders include, but not limited to the following.
1. Anti-Counterfeit Agency 2. Architectural Associatiot of Kenya
3. Association of Forex Bureaus 4. Association of Gamini and Money Remittance Operators of Kenya
Providers
5. (Association of Insurance 6. Association of Keny:
Brokers Kenya Insurers
7. Association of Real Estate 8. Association of Retiremen
Agents Benefits Scheme
9. Communications Authority of 10. Funds Manager:
Kenya Association
11. Hotels and Restaurants 12. Institute of Certified Publi
Authority Accountants of Kenya
13. Institute of Certified Public 14. Institute of Quantit:
Secretarie of Kenya Surveyors of Kenya
15. Kenya Airports Authority 16. Kenya Association of
Manufacturers
17. Kenya Association of 18. Kenya Auto Bazaa
Stockbrokers and Investment Association
Banks
19. Kenya Bureau of Standards 20. Kenya Coast Guard Service
21. Kenya Defence Forces (DM1) 22. Kenya Maritime Authority
23. Kenya Forest Services 24. Kenya Law Reforr
Commission
25. Kenya Ports Authority 26. Law Society of Kenya
27. Ministry of Mining and 28. National Authority for the
Petroleum Campaign against Alcoho andDrug_Abuse
29. Office of the Auditor-General 30. The Judiciary of Kenya identify the threat posed by money laundering (ML) and terrorist financing (TF) to the country;
collect, input and analyse data to facilitate identification of the risks, threats and vulnerabilities on money laundering and terrorism financing determine the vulnerability of financial institutions and designated non-financial businesses and professions
(DNFBPs') to ML and TF;
identify areas for strengthening the country's Anti-Money
Laundering/Combating the Financing of Terrorism
(AML/CFT) legal and regulator regime;
engage with various agencies, parties and stakeholders of meetings for purpose of the exercise;
collaborate with Development Partners on the NRA exercise and to receive such support, technical or otherwise as the
Taskforce may require;
prepare the NRA report;
(1) develop a National Strategy on combating Money
Laundering and Financing of Terrorism;
(m) make legislative, administrative or any other recommendations to address any gaps in Kenya's
AML/CFT regime;
'n) undertake a technical needs assessment and identify potential providers of technical assistance for consideration by the Government and provide guidance on the provision of technical assistance to the appropriate stakeholders;
(a) facilitate the provision of support and training to MDAs and other stakeholders on the FATF/NRA requirements for purposes of ensuring efficiency and effectiveness in compliance and implementation; and
(p) perform any other duty relating to the mandate of the Task
Force as may be assigned by the Cabinet Secretary for the
National Treasury and Planning.
In the performance of its duties, the Taskforce shall- be responsible to the Cabinet Secretary for the National
Treasury and Planning;
hold meetings in places and at times as Taskiorce may consider necessary for the proper discharge of its functions;
co-opt any persons that it may consider necessary and
• expedient for the proper performance of its functions; and have all the necessary powers for the expedient discharge of
- its mandate including the power to regulate its procedure.
The term of the Taskforce shall be one year from the date of commencement of this Gazette Notice or such other longer period as may be determined by the Cabinet Secretary of the National Treasury and Planning, through a Gazette Notice.
The Secretariat:
The Financial Reporting Centre and the Bank Supervision
Department of the Central Bank of Kenya shall be joint Secretaries of the Taskforce and the Secretariat will be based at the Financial
Reporting Centre.
The Secretariat shall be responsible to the Taskforce for-
(a'l providing appropriate background briefing;
disseminating any information deemed relevant;
undertaking research and liaising with the relevant
Government Ministries, Departments, Agencies, Commissions, Independent Offices and any other institution in order to gather relevant information necessary for inforiping the Taskforce;
organizing consultative forums and meetings for purposes of ensuring that the Task Force delivers on its mandate; and facilitating the provision of the necessary administrative support to the Taskforce.
The Taskforce shall submit to the Cabinet Secretary for the
National Treasury and Planning -
-a progress report every three months after conimencement of the NRA exercise;
Kenya's Draft National Risk Assessment by the 31st January, 2020; - final report by the 28th February, 2020; and a National Strategy on Combating Money
Laundering/Terrorism Financing by the 31st March, 2020.
Dated the 13th March, 2019.
HENRY ROTICH, Cabinet Secretary for the National Treasury and Planning.
GAzETrE NOTICE No.2578
THE NAIROBI METROPOLITAN AREA TRANSPORT, AUTHORITY ORDER, 2017
(L.N.No. 18of2017)
TASKFORCE ON THE TRANSITION AND TRANSFORMATION OF THE
PuBLIC TRANSPORT SECTOR DURING THE IMPLEMENTATION OF THE
MRTS WITHIN THE NAIROBI METROPOLITAN AREA -
APPOINTMENT
IT IS notified for the general information of the public that the
Cabinet Secretary for Transport, Infrastructure, Housing, Urban
Development and Public Works has appointed a taskforce consisting of-
Francis Gitau (Eng.) - Chairperson
Edwins Mukabanah - Co-chairperson
*
22nd March, 2019
Members:
Ronald Ndegwa –Vice-chairperson
Michael M. Kariuki –Vice-chairperson
Charles Kabugi
Jima! Ibrahim Hassan
John Metho Njoroge
Benson Mwenda
Richard Kanoru
Githaiga Weru
Simon Kimutai
Albert Karakacha
Dickson Mbugua
John Katimbwa
Samuel Njoroge Kamau
Mary Chege
Amos Njoroge (Eng.)
Mohammed Dagane
Secretariat:
Grace Kamau
David Maswili
1 The Terms of Reference shall be to execute a memorandum of understanding on all principles of operating the BRT Line 2 corridor;
advise on the establishment of a BRT Line 2 operating company;
set the terms of the transport service contract between
NaMATA and the BRT Line 2 operating company; and prepare a transport service contract between NaMATA and
BRT Line 2 operating company.
2. In the performance of its.functions, the taskforce shall- identify the target group of operators who are presently operating on the route of Phase 1 of BRT Line 2;
sensitise the members of the target group of operators on the
BRT plans, the characteristics of BRT operations, and the required fleet;
prepare documentatiOn on the negotiation process;
appoint negotiators;
centre negotiations on the following topics- transport demand;
contract period and contract extensions;
services to be delivered by operators including a service plan for Phase 1 of BRT Line 2 setting out the route, stops, timetables and projected bus kilometres per year, and fleet requirements;
the role of NaMATA, contract management and performance monitoring including measurable indicators for delivered bus kilometres, safety and service quality, and associated penalties for non- compliance;
financial arrangements including fleet ownership, financing and business models; service fees based on revenue sharing or payments per bus kilometre; and cashless ticketing and revenue management; and other arrangements including the setup of the BRT Line
2 operating company; license requirements to use the
BRT Lane; other license requirements; employment conditions; and insurance;
(fl adverse impacts on investments and employment, and mitigation measures;
all details of the transport services contract for the operation of Phase 1 of BRT Line 2; and any other matter necessary for the operationalisation of BRT
Line 2.
3. In the performance of its functions, the taskforce may- co-opt not more than three persons who possess the relevant expertise, skills and experience which it considers necessary and proper to achieve its objectives;
carry or commission such studies or research as may inform its recommendations to the Cabinet Secretary;
solicit, receive and consider views from members of the public and other interested parties; and conduct any other activities required for the effective discharge of its mandate.
4. In the performance of its functions, the taskforce shall regulate its own procedure.
5. The taskforce shall remain in office for a period of one year with effect from the 3rd October, 2018 or for such longer period as the
Cabinet Secretary may, by notice in the Gazette, prescribe.
6. The task force shall- prepare and submit to the Cabinet Secretary reports of its progress at least once in each month;
propose preliminary recommendations to the Cabinet
Secretary not later than two (2) months from the, date of publication of this notice; and
• (c) submit a final report and make final recommendations to the
Cabinet Secretary not later than one year from the date of the publication of this notice.
7. All communication shall be addressed to the chairperson of the task force.
8. The Secretariat of the task force shall be at Transcom House P.O.
Box 30119-00 100, Nairobi.
Dated the 26th February, 2019
JAMES MACHARIA, Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works.
GAZETFE NoTIcE No.2579
THE PRESIDENT'S AWARD ACT
(NO.300f2017) -
APPOINTMENT
IN EXERCISE of the powers conferred by section 5 (1) (e) of the
President's Award Act, the Cabinet Secretary for Education appoinis-
Susan N. Omanga, Sachen Chandanah, Edwin Otieno, Sylvia Mulinge, to be Members of the Board of Trustees of the President's Award, for a period of three (3) years, with effect from the 18th March, 2019.
Dated the 18th March, 2019.
AMINA MOHAMMED, Cabinet Secreatry for Education.
GAzarra NOTICE No. 2580
THE LAND CONTROL ACT
(Cap. 302)
ESTABLISHMENT OF LAND CONTROL AREA AND BoARD
-IN 'EXERCISE of the powers conferred by sections 3 and 5 of the
Lahd Control Act, the Cabinet Secretary for Lands and Physical
Planning-
(a) applies the Act to the Sub-Couity named in the firtt column of the Schedule;
establishes the Land Control Board named in the secOnd column of the Schedule; and appoints the persons named in the third column of the
Schedule to be members of the Land Control Board specified in the Second column of the Schedule, for a period of three
(3) years, with immediate effect.
This notice cancels all other notices published under these Sections with respect to the Sub-County and board mentioned in 'the first and second column of the Schedule.
SCHEDULE
Sub-County
Land Cntrol
Bold
Land Control Board Members
Mashuru Mashuru Deputy County Commissioner, 'Chairman)
Land Administration Officer
Sub-County Agricultural Officer
James Naikota Tapasian
Esther Timona
Kokwai ole Malit
Francis Saimi Naked
Ronald Makui
Tiampati Katiany Nankdtila
Mary Nkaru
Dated the 7th February, 2019.
Dated the 21st March, 2019.
JOSEPH K. KIIYUA,
Head of the Public Service.