GAZETTE NOTICE NO. 7484

take notice that a petition for a grant of letters of administration intestate to the estate Of the above- named deceased, who died at Lugulu , on 24th December, 1995, has bqen file4 in this reyistry by Joseph Biketi Barasa, of P.O. Box 27 l ,K lmilili, ln his capaclty as an administrator of the deceased's estate . And further take notice that objections in the prescribed form to the making otl the proposed grant are invitej and must be lodged in this registry wlthin thirty (30) days of ptlblicatlon of this notice . ' And further take notice that if no objection has been Iodged in this registry in the prescribed form within thirty (30) days of thc date of publication of this notice, the court may pfoceed to make the grant as prayed or to make such order as it thinks flt. Dated the 24th August, 2006. F. K. GITONGA, Dixtrit't Registrar, à)b3f/ï/l'. SUCCESSION CAUSE NO. 98 OF 2006 LBT ALL the parties concerned take notice that a petition for a grant of Ietters of adrninistration inteslate to the estate of the above- namcd dec'eased , who died on 15th June, 2005, has been tiled in this registry by Sylvia Akinyi Joshua, of Kogweno, Kawuor Sub-location,' P.O. Box 200, Kendu Bay, in her capacity as widow of the. deceased, And ftlrther iake notice that objections in the prescribcd form to the making of the proposed grant are invited and must be lodged in this registry within thirty (30) days of publication of tbis notice. And further take notice that if no objection has been lodged in this registry in the' prescribed form within thirty (30) days of the date of ' publication of this notice, the court' may proceed to make the grant as prayed or to make such order as it thiaks t'it. Dated the 28th August, 2006. G. W. NGENYE, District Regissrar, Honta Bay. GAZETI'E NOTICE NO. 7482 IN THE SEh .OR RESIDENT MAGISTRATE'S COURT AT OYUGIS IN THE MATTER OF THE ESTATE OF MONICA AUMA NYODEK ' SUB-LOCATION, KIAMBU DISTRICT PROBATE AND ADMINISTIGTION SUCCESSION CAUSE NO. 79 OF 2004 LET ALL the parties concerned take notice that a petition for a grant of letters of administration intestate to the estate of the above- rlamed deceased, who died at Oyugis, on 4th September, 2004, has been tiled in this registry by Walter Onyango Ooko, of P.O. Box 157 , 3yugis, in his capacity as son of the deceased. And further take notice that objectkons in the prescribed form to :he making of the proposed grant are invited and must be lodged in .his registry within thirty (30) days of publication of this notice. And further take notice that if no objection has been lodged in this 'egistry in the prescribed form within thirty (30) days of the date of lublic'ation of this notice , the court may proceed to make the grant as lrayed or to make such order as it tbinks tit. Dated the 27th September, 2006. S. M. S. SOITA, Distril't sccç/xpwr, Oyugix. GAZETTE NorrlcE No. 7485 IN THE RESIDENT MAGISTRATE'S (2()tJRT AT OTHAYA IN THE MATTER OF THE ESTATE OF GICHUKI KIBUU PROBATE AND ADMINISTRATION SIJCCESSION CAUSE NO. 3 OF 2006 LET ALL the parties concerned take notice ihat a petition for a grant of letters of administration intestate to thc estate of the abovc- named deceased, who died at Gura Sub-location, Nyeri. on 28th December, 1998, has been tiled in this registry by Mwangi Gichuki. of P.O. Box 437, Othaya, in his capacity as an administrator tAf the deceased's estate. And further take notice that objections in ttke prescribed form to the making of the proposed grant are invited and must be lodged in this registry within thirty (30) days of publication of this notice. And further take notice that if no objection has been lodged in thib registry in the prescribed form within thirty (30) days of the date of publication of this notice, the court may proceed to make the grant as prayed or to make such order as it tbinks tit. Dated the 3 lst August, 2006. M. W. MUTUKU, Distrit't Registrar, Othaya. GAZETI'E NOTICE NO . 7486 THE COFFEE ACT (No. 9 Y2(X1) APPLICATIONS FOR IVENCES IN 'ITIE COFFEE INDUSTRY NOTICLZE is given that pursuant to the prqvisions of section 19 (5) of the Coffee Act, 2001, the Coffee Board of Kenya has published the Iist of applican? for the grant of Iicences to various persons who wish to provide services ilk the coffee industry for the year 2(X)6/2*7. The plzrpose of the grant of the licences is to enable the applicants to provide seaices as indicated against the category of licences applied for. Since the grant of the licences may affect the coffee gqowers within the country, such persons who may be affected by the grant of the licences to the applicants may l'aise objections. Any persop or bqdy of persons desirous of making any representations on or objections to any of the grant of such licences as aforesaid raust do so by letter addressed to the Managing Director, Coffee Board of Kenya, Coffee PlJtza, 10th Floor, Haile Selassie Avenue, P.O. Box 30566, Nairobi. The representationp.aqd or objections to be lodged with the Board should be lodged within fourteen ( 14) days next following the date of the notice in the Kenya Gazette. (a) M:zrketing Agent's Licence. (b) Buyer/Dealer Licence CategoryçtA''. (c) Cc,ffee Mille.r's Licence. (d) Packer's Licence. (e) Warehouseman's Licence. (.f) Mlmagement Agents Certiticate. A) COFFEE MARKETING AGENTS' LICENCE Name ofApplicant/Address Physical Address/LR. Serial No. Ntzzae ofDirectors as per Ntz???c t'vtfDirectors per t-*-oll@tzlly Nomiltal Capital Paid- Up Capital Letter t?f hlteltt No. Applïctzlï-l Fo?w7 Metnorandum tzntf Articles 'seyf.&lrl#f?/l Share KSh. KSh. ' ofAssociation Nlfzn:f'r ' Africana Consumer and Food Products Africana Complex 000084 Chandulal Popatlal Shah Chandulal Popatlal Shah C 97254 200,000.00 200.00 Ruaraka. Baba Kirit Govindji Subaria Kirit Govindji SutariaLimited , P.O. Box 12589-00100, D ogo Road Nairôbi. Tel. No. 254 20 85625 57/ 3:36 jj g j apd j g; 850123 Aguthi Farmers Co-operative Society Gichira Nyeri, 000095 Onesmus M. Rimwa Onemus Ndirangu (->5/10376 Limited. P.O. Box 12439 Nyeri, Tel. M'uthinga Road Amos K. Kuityaki Amos Kabiro No. 072321 1542 John M. Gahura Wilson Ndiritu . wijson 1. Karime James W. Ndiangu Charles T. Mugo Akiba Properties (K) Limited. P.O. Box Electricity House, 000106 James Gitao James Karani 1. 1409 58 million 3.807 million Co-operative Bank 46741-00100. Tel. No. 229844 2nd Floor Milton Kuyers Milton Kuyers Aristocrats Coffee and Tea Exporter Sasini House, Loita 000107 . Akif Butt Naushad Merali 33246 l ,4j00.000,0(0 1 ,(XX).000,000 Limited, P.O. Box 30151-00100, Sleet Nairobi Peter W. Muthoka Wanjohi Muriithi Naiiobi, Tel. No. 342 l 66.342 1 7 I -2 Baragwi Fanners Co-operative Society Kianyala Town 0001 10 Patrick Munyui Mburia Patrick Munyui Mburia 4-25/398 4.076,250.* Limited. P.O. Box 9 Kianyaga, Society's Oftice, Vincent Nyaga Njeru Teresius Njamumo Karani N X licant/Address Physical AddresgR. Serial No. Name ofDirertors as per Name ofDirectors per Company Nominal Capital Paid- Up Capital f-ellcr oflntentame Of pp N0. Application Ftplwl Memorandum Jnd Articles Registration S/lare KSh. KSh. ' ' OfASSOCi6ltiOn XlfmWr Kirinyaga, Tel. No. *0 '' Kutus/Kianyaga Hannington Gattmz Karanja Hannington Gatllnl Kmnja 751*/0721463728 Road. 45 and 46 John B.N. Kanyoni ' ' Teresius Njamumo Karani Norman Kimani Gatuguta James Njagi Ndigah Bereri Estate (BB *47). P.O.Box 165 Abothuguchi/ (+114 Arthur Kirimi Rimberia - BB(m7 - - Nkubu, Meru, Tel. No. 0733880178 Kariene 1144 C. Dornun Lirnited, P.O. Box 30147- Kinmgii Building (G*4.9 Jeremy Mark Block Jeremy Mark Block (22019 7(X1,(G1.* 7*,(K.* Standard Chartered (X)I(X) Nairobi, Te. N .o. 272*60/1 17 Milimani Road Bridget Carrington Bridget Canington Rozmina Rmla Rozmina Rana Christopher Gulliver Christopher Gulliver Piers Wilson Piers Wilson Peter Môser Peter Moser i . Central lmpex E yn rprises Limited, P.O. Electricity House. (M119 James Kfitao Stanley Kimani C18173 . 54X1,(G1.* 380.fX*.* . Co-operative Bnnk œ, Nairobi, Harambee Avenue, Milton Kuyers Gulamhusein LadhaBox 46741-*1 7:1.N0.229844 209/2951/4296 Cetco Limited, P.O'. Box 44908-*1* Kenbelt Industrial (G04.7 Charles Cardoso Charles Cardoso 47l l 1 l,(XX,(G.(X) l 1,(XX)?(XX).(X) Citibank, N.A. Nairobi, Tel. No. 254-20-82*93-6 Park, O1d Mombasa Jan Wagenfeld Jan Wagenfeld Road, 2*/10348 . ' . ' . . . . . ' .. . ' ' ' . . . ... ' .. ' . .... ' . ... Christopher John Kinzbi, P.O. Box Internadonal Holse, (XXX2#62 - - - - - - 41931, Nairobi, Tel. No. 210491 Mama Ngina Street, 209/687 l . Nairobi Coffee Management Services Limited, 17 Milimini Road (G041 Kamau Kuria Jeremy Mark Block x C1 18575 l(q(XX).(X) 1(Xt(X%.(X1 Standard Chartered P.O. Box 30147- œ1(q Nairobi, Tel. 209/4248, Yadini Jeremy Clock James Kibera No. 020-6751292543 Esute Ruiru James Kibera Khalid & Company Piers Wilson Ececo Coffee Marketing Agency, P.O, LR 1 l 12/314. Emco (X*78 Alpiud N.Mutura MbuoWaganagwa (2119886 1(X),(XX).(X) 1,(XX),(XX).X Equity Bank Box 1705, Embu, Tel. No. 068-30401 Building' Joseph N. githinji Alfred M.Mangu Fmncis N. Kamwea Kohmallus Njagi Fairview Coffee Eslte Limited, P.O. Brooke Park (G065 Leonard 0. Kibinge Leonard 0. Kibinge C. 17939 ' 1(Xt(XX).(X) 1(X),(XX).(X) Box 48592, Nairobi, Tel. No. !412481 209/1766, Jane N. Kibinge Chandu Shah Chambers Road. off Michael W. Kibinge Murang'a ltoad Judy N. Kibinge James Kibera Forest Coffee Estate (1972), P.O. Box Evergreen Centre, (G*66 Z.K. Gakunju Z.K. Gakunju 51749 1,2*,4+.* 8*,(M.* 74414-*2*, Nairobi. Tel. No. 020- Nairobi/Kiambu Mary W. Gakunju Mary W. Gakunju 512612 Road. 12825/26 Gatatha Fanners Company Limited, 1361R Kiambu- (0*57 Peter M. Gakwa PM.Njuhigu 10/72 25,5(XX),(>.* 25,4+,(XX).* P.O. Box 14, Kiambus Tel. *6-52103 Githiga Road John G. Gitahi H.Murege Name ofApplicant/Address Physical Address/LR. Serial No. Name ofDirectors as per Name ofDirectors per Company Nominal Capital Pçid-up Capital Lcller of lntent No. Application Abrzzi Memorandum and Articles Registration Share KSh. KSh. o.f Association Alurzl:cr ' Joseph N. Gaitliuma J.G.Mwangi ' ' Boniface N. Meru ' J.G.Mwangi George M. Njoroge J.G. Muhia Lukas K. Karacl)o F.N. Mucheru Geoffrey G. Kagotho M. nuku K.Muciri. Gikaru Coffee Growers Co-operative Kimondo Shopping 000094 F.M. Ndugire F.M. Ndugire (25/9448 3,206,855.* Society Limited, P.O. Box 77, Centre, Khamara/ Dickson K. Gichane Margaert Ndum Kamau Mukumeini, Tel. No. 0721675510 nangathi Road John M. Njavini bhn Murimi . samuel W. Wanjau Joseph Gfithinji Rose W. Kimanl Peter K. Ashbeni Gilacofa Tnlst Fund, P.O. Box 32, Bushgate House '4XKK59 Henry Njoroge Ruiru, Tel. No. 0734451706 131, Ruiru ' Joseph K. Karara D.K. Mtmui Michael Muohi zvincent Ndekei James G. Makuni Joseph M. Nglzry Goldleaf Corporate Senices Limited, Roughton Court (G1096 John Kimani Chege Jolm Kimani Chege (2)27864 1tX),tXX).(X) 1œ,tXX).œ P.O. Box 48116-*1(X). Nairobi, Te1 Argwings Kodhek, Thomas Gakunl Muiru nomas Gakunl Muiru No. 254-020-4776042 209/384 Michael Kibathi Kungu Michael Kibathi Kungu Martin Wambunz Gichia Martin Wambunz Gichia Henkin Linved, (Nchengo Estate), P.O. Hcnkin Limited, (+103 H. Kinyua, Peter K.Kinyua Not subnzitted C.32415 100,(XX).(X) 3,7*.* Box 588, Kalimoni, Tel. No. Nchengo Estate, . Juja/Gatundu Road Hot Star Investment Limited, P.O. Box Surehe Mwimbi off (XM55 Abmhim Kuria Eliud Njoroge Kuria (289221 100,(XX).00 100 each Standard Chartered 55943, Nairobi, Tel. No. 219491/ Ra' ce Course Road , Eliud Njoroge Eunice Muthoni Kuria 0721615(07 209/2799/17 Kuria Eunice Muthoni ' Ibero Kenya Limited, P.O. Box 47882- Kenbelt lndustrial 0(0058 . Mathias Koehler Allan James Bowler (25960 1,0(X),(X)0.(X) 1,(K,tX)0.(X) Standard Chartered 001(q Nairobi, Tel. No. 020-824999, Park. Old Mombasa Pablo Garda Fmcincis Joseph Addly 0733 51 1920 Road, 209/10348 Jochem Michalak Iyego Farrfers' Co-operative Society lyego House, 0û01 17 R.W. Ndega Not submitted (To bring C5692 Limited, P.O. Box 25, Kangezna, Tcl. Kangerna, Kiangayi Maina Mangi later) No. 0690-322143 Road J.M. Muhoro P.M. Ngoiyo B.Ndegwa S. Mupya P.M. Vore P.M. Nganga Name ofApplicant/Address J'àlàfcfil AddresgR. serial No. Nczrle olDirectors asper Name ofDirectorsper Company Nominal Capital Paid-up Capital ferrer oflntent ' No. Application Fonn . Memorandum tzrlzf Artictes Registration Sllare KSh. KSh. of Association Number Kagwathi Rumwe Ent. Limited, tMbogo Mbogo Estate, (G%3 W. Nderim Washington Ndelitu C 132* ltqtm(X) l(X),e.x Esmte), P.O. Box 1831-01(K, Thika, Kakuzi Division, M. Nderittl Henry k'nmnu Nganga Nx Tel. No. *7-10342 nika 'rhika, 11529 . knmlti ProNrties Limited, (Mnnim), Giwallouse, Moi *102 Mrs.Agnes Wanguieugua ShirinEsmailAdvocate (726593 . l(X),lXX).(X) 1(X),e.(X) . P.O.Box,476Aœ1(q Nairobi, Tel. Avenue, Nairobi nomax Kahoya Mbugua, Akber Abdullah Advocates . . No. 246886/246925 Kathera F.C.S. Limited. P.O. Box7G- Giitune. Nkubu (K*86 Silas M. Kanmchia CS/1Y79 - - 60202, Nkubu, Tel. No. 0734794231 Samuel Kiambi Patrick Mburugu Japhet Gitonga Zablon Mbaabu Ephantus Kinmja Julius Mwitwiri Ken Coffee Dealers lnt. Limited, Coffqe Plaza, (X+82 Francis D.Kimlmi Elijah Kageni Mwangi . C.76887 47,5* 524,9*.* P.0.Box 34801. Nairobi, Tel. No. Exchange l Jme, Alex Ngeie ' Peter Gitau Mwangi 0722-349923/0727576457 Haile Sel%sie DavidGaitho Simon Kabocho Kamau Avenue, 209/6545, John Kiguoya Nairobi Francis Kamande kirinraga District Co-opemtive Union Kin'cop House, (G091 Alied M. Githumbi 0972 - 177.858,1M.* Kenya Commercial Linmed, P.O. Box 50, Kcrugoya, Tel. Kutus/Kerugoya, Patrick Munui Mburia . Bank No. (10-21(15 250/60 James NgariaGitari ' Joseph Maganjo Kibicbe ' Jamlick Kariuki Kitu'a Justus Wanzi Ngondi Luka Kabui Njogu Kisii Coffee Growea Association, P.O. Sonic Plnzn Hospital (KK:/.)2 John Bosco Mboga 264% 5,(>.% 50,0*.%! Box 3682 Kisii, Tel. No. 4451358 Road, Kisli James E.O. Ongwae Daniel Gichana Baniel M. Onyiego Kennedy 0. Nyantari KIVU Marketing Services Limited, Wakulirna House, (X+71 John Kamau Mbunl Kenya Planters Co-opemtive (797865 1,tXq(X#).* 1.(Xq(XX).(X) K.C.BLtd P.O. Box 723*-(X)2*, Nairobi, Tel. Haile Selassie Peter Njuglma Kimnni Unionm Ltd No. 210288 Avenue ' Ruth Wangari Mwaniki Moses Mtmgai Kioi Large/small Coffee Marketing (K) Mombasa Road, 00001 15 , Francis Waithaka Kh'ui Francis Waithaka Kirui CI1l2*2 ' 10,(1(q(Xf.(X) 2,550,*0.* Co-opemtive Bank Limited, P,O. Box 52233, Nairobi, 209/10882/10 Samuel Kimanl Samuel Kimaru Tel. No. 0724-114196 John N. Ndegwa John N. Ndegwa Thomas Kimop Ngero Thomas Kiprop Ngero Christopher Kipkoech Christopher Kipkoech Robison Kareu Robison Kareu Samuel Mutmi Samuel Muturi Name o.feplictml/Atftfrer Physical Aerexx/LR. Serial Nos Name ofDirectors as per ' Name ofDirectors per Company Nominal Capital #akf-Up Capital feller oflntent No. Applicadon Fbr?rl Memorandum zznz/Arlicle.: Registration . J/ltzre Ksh. KSh. ofhnociation Number ' - - Magana Holdings tKiganda Estatel, Kimatus Road, nika *105 Gathoni FMungai Jnmeuqllenry Wilkinson C.11,421 71 ,450.*.* 71,450,*.* P.0.Box 1t045, nika, Tel. No. segen NMungai Peter John Smithson Hewett 222931923*8 onNjoroge Mungai Gathoni FMungai SoilaN.Mungai NyakiomMungai Mathara Hcldings Limited, P.O. Box 6- Kipmara Esute- (:::)15 James Boro Kanzgu Jnmes Boro Knnlgu 1244m0377 1 .e,(XKL(X) 5*,5*.* (XN(X), Kiambu, Tel. Np. (* Kiambu. 86/1/2/3 Margaret Waiihira Karugu Margaret Waithira Knnlgu 22962/97 Me-l-Knrriti Fnrmers Company Anmer Fwstate, (G*7 G.N.Kabiru Stnnley Kimnni . 6952 20 million 20 million Limited, 1:.0 Box 3œ, Kiambu, Tel. Kambui Road , P.W.Muirlzri Gtlbmhmein Ladlla No. (--68034,68036K1an+u 3728/3 Fs .Njunge - P-N-MWJIDI-ki G.W. Vwendnnjenl J.K.Kal1uno M.N.Kungu C.K.Ki=ni G.N.Mwangi Mecah Dewji and Sqns Limited, Abdulrasul Building, R.A.Memli Naushad S. Merali 1.312 2,(>,(X*.* 1,8(X).(M.* Stnbic Bank P.O.Box 110214 Momluqn, Tel.No. Makndnm Road, G.A. Merali 222481M/23121603 Momb%a N.S.A.Mera1i .. 1 Menz Centrzl Coffee Co-oNmtive CJS 1939 (:X*77 David Gikunda C7S 1939 - - - Union Lilnited, P.O. Box 6 Meru. Tel. nomas Murugu No. (*322*7 secondina Bundi sonley Kithule Phan's Kinoti Timothy K. Mgambo Paskwale Kabunl i . . Morendat Limited, P.O. Box 28035- Hotse of Volvo, (XXK,56 Jolm J.H,.G. Waithaka Pius Mbugua Ngugi (7.37839 ' . 2,(X*.1V.* ' 2,(X:1.4X#).* Standard Chartered (*2* Nltirobi, Tel. No. 224392-6 Loita/Market Street Angeline Wairimu Ngugi Josephine Wambui Ngugi Nairobi, 2*/1 1260 Mbugua Ngugi lntenuuonal Coneols Ltd Elizabetll Njeri Ngugi Veronica Wanjhu Rosario Wairimu Anne Kamere Mt Kenya Fzst Maketing Agencies Agip House Rat 5,6 (G081 Julius Riuhgu Jtllitls Riungu f'. 97854 1,(Kq(XX),(G 1,(XX),(XX),(XX) Co-operative Bank Limited. 1?.0. Box 61275-*2(*, Haile Selassie Elijah K. Mbogo Elijab K. Mbogo Nairobi. TeI . No. 61275-*2*, Avenue, LR. George M. Kabiti George M. Kabiti Nairobi 209/6229 Jacob Mwongo Jacob Mwongo ' Joseph T. Raruri Joseph T. Raruri Albert Kamunde ' Albert Kamunde Jusun Mati Julius Justin Mati Julius Name ofApplicantaddress Physical Address/LR. Serftzl No. Name ofDirectors (IJ #er Name ofDirectors per Company Xtmirlul Capital Pcid-fg Capital fœller of lnfertl No. Application Fbrpl Memorandum tz?ltf Articles Registration s'/ltzre KSh. KSh. , ' of Association Number Mugnma Farmers Co-op. Union Mugnmn, Uhlmz (/M79 FrancisN.inmgu C.S 0825 66,866.603.50 66,866,603.50 EADB Limited, P.O. Box 14 Murang'a, Tel. Highway, 1 1/109- Emphanntus Wanjohi No. (N-31336 or 0722-316234 1 12 Eliud Wangai Inmgu Murue Farmers Co-operative Society Murue Farmers Co. (m)68 John Muriuki Manzku John Muriuki Manzku 989 10,A,(XX).œ 10,e,(mœ Limited,' P.O. Box 70, Manyatta, Tel. opemtive Society Peter Nanm Pete Namu . No. *8-53412, 0721231055 Limited, Embu/ Julius Kariuki Cyprus Danson Njiru Kianjokoma Wilson Mbogo Kavutiri David Mugo Albert Njinl Henry Michuki Kwanjeri Mutheka Fnrmers Co-opmalive Tetu Housing C.S. (Gp.)3 H.H. Githat H.H. Githae CSmO.10377 - - . SocietyLimited, P.O.Box 1703-001* Limited, P1d Nyeri J.K. Wanderi D.A. Kamoni Nyerk Tel. No. 1703 Nyeri Otliaya Road, C.W. Nduhu C.W. Wangondu negenge/llaria 732 D.A. Kamoni F.M.Mwan#D .M. Ngunl E.G. Wagi Mutira Fzrmels Co-operative Society Muthu/Kaguyu/r8, (f0101 Joseph M. Kibicho Richard Githaka Mtlrage 0422 N/A 1.254,740.00 Limited, P.O. Box 54, Kenzgoya, Tel. Kenlgoya/Karatina James Mtlrage Duncan Muriuki Kibuchwa Np. 060-21*5 Road. Stanley N. Gichuki Daniel Njiri Warui Jesee K. Chuma Daniel Njiri Gedion Njogu Stephen Matere Mwirua Farmers Co-opemtive Society Mwinza F.C.S. 000090 Alfred Muruthi 0420 - 3.662,505.* - Limited, P.O. Box 10, Kerugoya, Tel. Kabonge/lfiburu Joseph Karagu No. (%0 21748 or 07205101 17 Road, 43 Riakiania Castle K. Mbil'u Francis Mugo nomas Maganjo Ndovu Coffee Limited. P.O. Box 10872- Musa House, ()00059 Isaac Gichia Isaac Gichia C1 l 1 151 1,(X)0,000.00 1,(Xq000.00 *4.tx), Nairobi, Tel. No. 020-31 1035 Lemdhies Road, . Susan Gichia Susan Gichia ' Nairobi Nsanzimana Philippe Trading as Gatanga Road, 000050 Nsarlzinmna Philippe - AB 004 - - Commercial Bank of Whitestone Fann, P.O. Box 576- 10880/4 ' Africa $00502, Karen, Tel. No. 0722212160 Thika Nyambene Coffec Estates Limited. P,O. Njrru House, Meru- 000087 Heyy P.I. Njenz Sigismond K. Njenz (2.38568 4,000,000.00 4,000,000.00 Box 241, Meru, Tel. No. 064-32936, Nanyuki Road Siglsmond K. Njeru Pfotasio Njenl 0720847894 Anthony M. Njeru lxetwerence Njeru Prousio Njeru - .. . . ... . . - . ., ' Name ofApplicant/Address Physical Address/LR. Serial No. Name ofDirectors tix per Name ofDirectors per Ctzerlrcny Nominal Capital Paid-up Capital l.el/er oflntent No. Application F'tzrzrf Memorandum JrlW Articles Registration J/lcre Ksh. Ksh. ' . ofAssociation A'Ifra:er Oaklahds Coffee Marketing Limited, Soctinaf , Ngenda (00%9 Stephen Mwangi Chege Stephen Mwangi Chege 452 90,(+,(XX).* 90,1M,4XX).* Standard Chartered P.O. Box 10-*232, Ruinz, Tel. No. Road , Ruiru Lukms Akunga Omariba Lukas Akunga Omnriba *7-54621/ 25087, 0733 633 638 Utbaya F.C.S. Limited, P.O. Box 21, Plot No. 45, Othaya Prancis Kingori G. Francis Kingoli *134 - 11,132,129 Othaya, Nyeli, Tel. No. *1-52414 Town David Mwangi David Mwangi David Kiragu David Kiragu Newton Mwangi Newton Mwangi. Nzioki Ndolo Itelni Coffee Estate, P.O. Tala Kangundo Town (00073 Nzioki Ndolo BF X50 Box 315, Tala, Te.NO. 0733 343556 Council, 1515 Mahmgulu Sengani Planution Szrvices Limited, P.O. Box tongonot Place ,7th 0(+51 Lord H.G. Delamere Hon.hugh George C l 15989 1(X),(XX) 2,0*,4*.* Barclays Bank of 25172-*103, Nairobi, Tt1. No. 254 Roor, Kijabe Street David Howarth Duff Cholmondeley ' ' Kenya 020-2491$9 J.M. Nyagah sthBaron Delemere K.P.M. Dowson J.M. Nyagah Caroline Wanjihia David Hownrth Duff K.P.M. Dowson Rumukia F.C.S. Limited, P.O. Box 61, Vuhito Investment 000109 John M.Watata John M.Watata C/S No. 10379 105,765,(+ Mukmweini, Tel. No. *1-64:G/.), House, Kiahungu Frmzis Njaramba James Mukoma 0722442955 678 (2) L Patrick Kanyua Patrick Kanyua James Mukonm ' James Kebu Francis Maina Dickson Mwangi Ruthaka Fa-mers Co-operative. Societ# Muthutiini, 0(X)I 12 Joseph Gatu Gikuhi Joseph MZa Gatanga G'S No. 10378 27 .047.058 4,163.428 Limited, P.O. Box 129, Mukurweini, Gikondi/Gikondi Andre Mwai Wachira Charles Ndirangu Wachira Tel. No. 0722688507 1094 Festus Wanjoi Rukornia Charles Ndifangu Wachira Joseph Maina Gatanga Nicholas Muriu NyjnyuP atrick Mwangi Mlgul Sangana Commodities Lirnited, P.O. Kcnbelt Industrial 000046 Justin Archer Justin Archer 108863 ' 3tX) .(X*.* 3*.(X*.* Stanbic Bank Box 18 126, Nairobi, Tel. No. 824610- Park, Nairobi- Shaun Butler Shaun Butler 2, 0733228844, 0722208834 Mombasa Road. Jaime Polit Jaime Polit Renaud De Kerchoul Renaud De Kerchoul Sasini Tea cànd Coffee Limited, P.O. Sasini House Loita 00*53 P. W. Muthoka C 1060 2*,4K10,4KK1.* 190,046,250.œ Box 30151-œ1œ. Nairobi, Tel. Street, Nairobi A. H. Butt 342171/2 1. A. Tinmany Super Gibs Limited, P.O. Box 9592- Pan Africa Building 000125 Matbew Mugo Mathew Mugo (2.79347 v 5(K1.(X*.* 5*.(XX).* Stanbic Bank (*3* Nairobi Tel. No. 21 1832/ Kenyatta Avenue. Charity Muthoni Charity Muthoni 220472 3rd . Floor, Nairobi Purity Wangui Purity Wangui ' Name ofApplicant/Address Physical AtfdreloA. Serial No. Name ofDirectors asper , Name ofDitectors per Company Nominal Capital Paid-up Capital leller oflntent No. Application Fbr?n Memornn'l' um cnffArricle .ç Renistration s'/ltzre KSh. KSh. V ofAssociation Number -. - Tecof Limited, P.O. Box 241, Nairobi, Coffee Plaza, 5* (XXK,88 Herjry P.I. Njenz Henry P.I. Njenz (2.84*2 5*,(X*.* 51X),4G4.* Tel. No. 020-218385/216305 Roor, Exchange Sipsmond K. Njeru Sigismond K. Njeru Imne Anthony M. Njenz . Anthony M. Njenz taawerence Njeru Lawerence Njenz Protasio Njeru Proœio Njenl Tetu Coffee (K) Limited, P.O. Box 76- Raglwani House, 61 (K1 13 Job Kareitlli Job Kareitbi C110308 3(*,(+.* 3(K),(G..œ (*21), Nairobi, Tel. 020-2728363 Floor. Tom Mboya Timothy Kariithi Timothy Kariithi Street Nyerere Road = St. Andrews Towers Trendy Inteneonal Limhed, P.O. Box Vandex House, (K111 Joseph Muturi Knmau Joseph Muturi Kamau (2.107546 1(X),(XX).(X) 10,(Xqœ NIC Bank 76438-00508, Nairobi, Tel. No. Lenana Road, Winfred Wanjiru Wanjnma Winfred Wanjinl Wanjama 2727675 Nairobi, 209/1458/2 , Tropical Fnrm Management (Kenya), nika Maboromoko N.Xx)6. l Dàvid Gico Njoroge C 63/74 44.5 million 2,225,(+ Standard P.O. Box 260-01*0, nika, Tel. Road. Hon. Njenga Karume Chartere,d 21637/38 nika Hang Faessler Gunkher Herhaus Tsotsi General Consultalm. P.O. Box Gold House, Sudium 000123 Nelsbn O.oisebe Nelbon O.oisebe 86524 2,500,(* 1,(XX),(XX).(X) Not submitted 1393-4*2(%, Kisii, Tel. No. 058- Road, B/111/130 Sabina Morma Ososis Sabina Morma Ososis 31991/0733832869, Sevelio Ososi M. Oisebe Severio Ososi M. Oisebe Rose Nyabate Severio Rose Nyabate Severio Jane Mongina Guiswaya Jane Mongina Guiswaya Ishumael Giswaya Oimmbe Ishumael Giswaya Oitumbe Stephen Obiri Stephen Obiri Valentine Growers Company Limited, 132/1/2/3/4/ & 4919 Mike Maijna Kamau Job Kireithi C 77545 1(X),0(X).(XX) 1,(X#),(XX),(Xf P.O. Box 1846-009*, Kiambu, Tel. Kiambu, Njathaini Mrs. Suzan N. Maina Timothy Kadithi . 5o. 066-22505/52021/50979/22520 Road . # Zedgee Limited. P.O. Box 16480-001œ, Togoni Plaza, (0*98 Pyul M.Marlji Paul M.Manji (1101857 60,000.00 60,0*.00 Co-operative Bank Nairobi, Tel. No. 0722-6794* Outering Nairobi, Peter Karuikl Peter Kanlikl 82/4047 ------- -... . . . /' Swani Coffee Estate Limited, Swani Coffee Estate. 000129 Kamlesh R. Shah Kamlesh R. Shah ' 6298 ' 6*,000.* 600,(00.00 (AD00l9), P.O. Box 43513, Nairobi, Limited, Kakuzi Hitesh R. Shah Hjtesh R. Shah Tel. No. 060-30202 Road nika KanuchaubenR.shah KanuchaubenR.shah Ndartlgu Plantation (1960) Linlited, Ndmlgu Plantatiom 000128 R.L. Shah . . P.O. Box 163. Thika, Tel No. 22404- Ndanlgu-nika Shonir B. Shah . Wika Road Kalpesa M. Shah John Miauchi Sondhi Trading Limited, P.O. Box Sondhi Trading 000121 Jagdish Sondhi Jagdish Sondhi C 42986 1,(1œ,(X)0.(X) 300,4>.* Barclays Bank 80066, Mombasa, Tel. No. 80066 Limited, Taib Abul Jay C. sondhi Jay C. Sondhi Mombasa Nasser 125G1. VII Ishmael MaNani ' lshmael M.Nani . ' . a , j tetgXc'Fld of/kpplicant/Address Physical Address/LR. Serial No. Natne ofDirectors as per Nc?ne of Directors per Company Nominal Capital #JiU-U# Capital felfer of n ' No. ' Application Ft/nl; Memorandum and Articles Registration s'/lzzre KSh. KSh. ' ofAssociation Number ' Gatwa Faslzte (AA604), P.O. Box 4046, LR Chania/Kairi 39 (G083 Samuel Kfatua - 1992 - - nika, Tel. No. *724279 B) COfCEE BUYEWDEALER LICENCE CATEGORY ç%A'' ' NGme OfApplicant/Address Application Ft'rzn Serial Name ofDirectors as per XJ/IE' ofDirectors per Memorandum Company Nominal Capital Paid Up Capital N0. Application Ffl??Al andArticle.% YxNmcitzlftm Registration X/lcre KSIU'. KSh. . Number Riverfarm Bloonks Limited, P.O. Box 50558-*200, Nairobi , (Xm54 F.N. Mbugua BonifaceNdungu C65246 1(#),(XX) 1(K),(XX) Tel No. 254-20-21 1521/254-20-317545 S. Ndungu Sonia Ndungu . Coffee and Tea Traders Limited, P.O. Box 8782l,Mombasa, (M337 Abubaicar S.Abubakar ' Abubaicar S.Abpbnbnr 3*,(+ 24X),(M Tel. No. 0720-973313 Mohnmmed Sayyid Bakar Mohammed Sayyid Bakar C) APPLICATION F0R COFFEE MILLER'S LICENCE Applicant Physical àddress serial No. District Milnn, capacity source Parchment commerciavrrivate Ptzrc/lvlerll (Kn.) Buni (Kgs) Nyambene Coffe Esutes Limited, P.O.Box 241, Meru, Upper lgoki, (X+37 Mèru Central 15,(* 6,5œ Commercial Tel. No. (N-32936/020-2 16305 Ntima/lgoki/ 2043 Hill Farm Estate, P.O. Box 260-014*, nika, Tel. No. Ihururu, 1 105/6, Nyeri (G057 Nyeri 4*,(XX).(+ 1(q(XX),(XX) 0% Coffee Private . 0171- Geneeal coffee co. Limited, P.O. Box 3*57-(:)1* Karatina Town. Blockh *X54 Mathira 1,(XX).ë0 2*.(* Mobile Nairobi, Tel. 020-6752*7/0722512503 ' 1/22 U ' 5* (X* Commerdaleneral Coffee Co. Limited, P.O. Box 30657-*1œ Kmtina, TownBlock (XX*0 Mathira 2,5*,10 . Nairobi, Tel. 020-6752*7/0722512503 ' 1/22 Murue Fmlners Co-operative Societytimited, P.O. Gaturi North, Manyatu (X:/)65 Embu 1,(Kq(XO 3*,% 0wn 989G81)* Box 70, Manyatta, Tel. No. *8-53412 D) AITLICATION FOR PACKER'S LICENCE , ' Applicanûhddress Physical A#tfre.s/f,.R. No. Application Serial No. . Source ofcoyee Paciers Capacity Per Year ln Kilogrants rfwiga Corfee and Tea Limited, P.O. Box 45577-*1*, Kilirnani, Jabavu Road , Nairobi Coffee Exchan'ge 20,(* Nairobi, Tel. No. 0721551010, Nairobi Nairobi (K176 Alhadi Traders Limited, P.O. Box 5 Machakos, Tel. No. Machakos Industrial Area, K. . Road, (+156 Nairobi Coffee Exdhan'ge 5,(+ 0720973313 Machakos ' Budget Fish and Chiqs Company Limited, P.O. Box Westlands Mansions Mpaka Road, Nairobi (*175 Nairobi Coffee Exchange l ,2œ 14563-08* Nairoby, Tel. No. 0722-781-665 Jesmist Supplies and Services P.O. Box 2*22-*2* Ridgeways Road (+174 Nairobi Coffee Exchange 3,(* Nairobi, Tel. No. 0722-270798 . E) APPLICATION FOR W-AREHOUSMAN LICENCE Name ofApplicantaddress Physical Address Serial No. Name ofDirector F()?w; Coypatiy Registratiim #t???lfatzI Capital s'/ltzre Paid Up s/lcre Capital LR No. No. ' Africana Consumer and Food Products Limited, Africana, Cpmplex, (K145 Chandulal Popatlalshah C 97254 2* ,1M.* 2*.* P.O. Box 12589-*100, Nairobi, Tel 254-20- Rumpka, BabaDogo P.O. Box 437*, Nairobi. 8562557/8560123. Nairobi Road, 8 336/181 and Kirit Govindji Sutaria 182 , P.O. Box 70510', Nairobi United (EA) Warehouses Limited, CMB Building, (G0152 Justin Joseph Ogwapit (2877 13 l .(XX).(XX).tX) 1,(XX),0(X).(X) P.O. Box 99350-80107, Mombasa, Te1 No. Mashundu Street Evans R. Asiimwe 2315144/2230182 1/29 1 and 1/357 Amos Wandago Mombasa , Josiah Njenga F) APPLfCATION FOR REGISTRATION OF MANAGEMENT AGENTS ' Name ofApplicant/Address Physical Address/u No. S'erial No . Letter t?-/'Ml Objectioll A'ftznl,çc??gc/ll Agreement Performance Prosle :Prinmcafe Agency Limited , (lnfonnation). P.O. Box 209/6545 000039 Provided Provided Provlded 30015-00100 Nairobi, Tel. No. 244942 ' Susuinable Management Services Limited, P.O. Box . 209/305/2 0($038 Provided Provided Provided 1037-00502 Nairobis Tel. No. 209/308/2 Plantation Services Limited, P.O. Box 25172-00603. 209/9523 000025 Not Provided Provided Provided Nairobi, Te' . No. 0721-466456 Dates the 12th September, 2006. SOLOMON WAWERU. Managing Director, C'taf'cc Board OfKenya. 15th September, 2006 Tlv KENYA GAZETTE 2293 - - ' . . - - . . -- . ' ' ---------- -.-. . -c GAZE'I'IE NoTlcBNo. 7487 PUBLIC SERVICE COMMISSION OF KENYA OCCUPATIONAL TEST FOR TELEPHONE OPERATORS EXAMINATION MAY, 2006 RESULTS IT IS notitied for general information that the following twenty-six (26) candidates attained FULL PASS in the examinations held in May. 2(X)6. lndex No. lw.vl Name Middle Name First Name ' P/F No. Ministrymepaitment Station ' 1/'I'O/tY2 Cheptiram Jepchumba Rcse 83072808 Apiculture . Ites 1/T0/()008 Alieno Cluistine 86074516 Health (Frovincial General Hospital) Molbasa 1/T0/(1009 Alando Oyoo Simion 9*35396 Health Kisumu 1/T0/()021 Muthui Mutei Pauline KWS/1597 Kenya Wildlife Service Nairobi l/TO/œ2# Awuor Odongo Penina 8(m1523 Office of tàe President Kisumu l/TO/0030 Nyamoita Rioba Rebecca 84027864 Wzter and Inigation Kijumu 1&0/0047 Chepngetich Chemiyot Jeniffer 88063676 Office of the President/provincial Adminiskation Nakuru 1/T0/0050 Kivuva Munini Anna 82%5264 Oftice of tlw President/provincial Adrninistration Mombua 1/T0/0051 Mwambogoh Dnmn ' Dorothy 7052 Jtldiciary Momb%a 111'f$3W358 Omandi Dorotl)y Achieag 91+0899 Environmen! and Natuml Resources Nakobi 111810059 Ngari Teresa Njeri 91095501 Water and lnigadon Nairobi 1/T0/0060 Ngure Margaret Nyambura 79048384 Water and Irrigation Nairobi 150/0061 Mwororo Joseplï Njoroge 89054858 National Aids Control Council Nairobi 150/0062 Githegi Faitlt Waithira 86017328 Livestock and Fishedes ' Nairobi I//TO/0t)64 Langat Mal.y Chebet 90161105 laand: and Altlezneat Nairpbi 1/T0/(M5 Kirirni Peter Murithi 9*51504 Ofûce ()f tllr Presidellt/provincial Admiltisedo:l Nairobi 1/T0/Pz066 Msagha Caroline Wughanga 88047785 Immigration and Regiskation of Ptrsons Mombasa 1/TO/0067 Jumwa Prisdlla Ltwa .8203341 l Environmtnt and Natural Resomces Kilifi 1/T0/0068 Mbagara Lucy Wanjiku 89054824 Health Narok 1,/3'0/0069 Soy Chepkorch Magdaline 3217 Moi Referral Hospital Bldord 1&0/0070 Obare Makabala nomas 90161600 Health (Provincial General Hospital) Kisumu 1X0/0072 Abidha Pamela Milicent 79177606 Ofdce of tlle Wesident/Wevincial Admt'nistraxon Bungoma 1X0/0073 Wanambtlko Kinyulusi Edward 88045181 Health (District Hospital) Bungoma 150/0074 Kanyingi Mary Muthoni 80043282 Tradt and lndustry Neobi 1/1*0/0075 Muslmgn Rose Namalota 89033014 Environmenf and Namral Resource's Nairobi 150/0076 Ayitso Alice Jtpephine 881 16665 Water and lnigation Nairobi The following three (3) candidafes did nof pass fhe whole examination. They are required to re-sit tlle paper/s shown againsy their names in accordance with the provisions of paragrapb (2) (ii) D.P.M Autlmrity Letter No. D.P.M. MD/4/42/104 of 13th August, 1998. Index No. l.alf Name Middle Name First Name P/F/NO. Ministneepartment Station Referral l fornution and Communicatto Nairobi RPPI1/T0/0017 Jedlia Sau Komora 93075183 n 1/1>œ0071 Ng'tlkn Slephan Mwangangi 9*15736 Healtll (tlislrics kospital) Kitlzi RPPI 1/1*0/*77 naka Francisca Makokha 8022 KARL TRC ' . Alupe. Busia RPPI ne following onr candidate failed the Occupational Test for Ttlyplmne Oprarators examinations held in May, 2*6. Index No. Lcksl Name Middle Name First Name P/F No. MinistmBepartment Station 1/T0/0%3 Kamunya Mary Wairimu 89054646 Health Murang'a KEY R'rpl-neory Paper First Referral. ' Rppl-practical Paper Fitst Referral. F-Fag. Roocas sxoxo for Secretaq, Public i&ervice Contmission o -fKenya. GAZETIENOTICENO. 7488 THE INDUSTRIAL COURT OF KENYA AT NAIROBI CAUSE NO. 100 OF 2X3 BANKING, INSURANCE AND FINANCE UNlON--(CIaimcnl:) NERstls KENYA BANKERS ASSOC1ATlON--(Re&ptm#e?ll&) Issaes .in Dispute: ' Benefits to Union members only. Terfns aùd Conditions of senice. Sliding Scalesw . salary. Hotut Allowante. Incremental Dates, Efficieqcy Bars. Ixlcal Iaeave mys. Local Izavt Allowance. Staggering of Hourg of Work. Allowcmce for Mobile Staff and Supper Allowance. Acting Allowance. Medical Scheme. Owner Occupier House Allowance. 2294 TI'!E KENYA GAZETTE 15th September, 20Q6 ' Isaia: Kubai, Secretary-General, for tâe Claimants (bereinafter called tlle Union). J. N. Namasake. Principal Executive Ofticer, F. K. E., for the Respondents (hereinafter called the Association). agreements whic.tk govern and Kgulate t*e terms znd cronditions of tmployment of a1l tile unionilable employees, thc latest of which was signed on 10t11 July, 2001, with a re-opener on wages tllat 'was concluded and signed by the parties on 26th Julyr 2002 (Association Anns. I s 2 and 3). Thc present dispute arose ' when the parties embarked (m a review or revisilm of their latest coltective agreemeat. They met at their own level and agreed on all other issues , but Tecortleti a Jeadîock on tbe îourteen (14) issues now before t:e Coun for consideration and determination. In its analysis for the relevant period under coniideration in this dispute, the Economic Planning Division (which is hereinafter referred to as the E.P.D.) dealt with or analyzed 7 issuess i.e. Nos. 1, 4: 5. 9, 11. 13 and 14, on 18 'ballks only which responded to the questio>aire out ' of the 42 banks, leaving out 6 issues, i.e. Nos. 2, 3, 6, 7 B and. 1B, as neit:er of them is witllin tt.s ability to interpret, nor are tiley affected by the Wage Guidelines. These banks are- Akiba Bank Limited. Bank of Baroda Limited, Barclays Bank of Kenya Limited. Commercial Bank of Africa Limited. Co-operative Bank ef Keaya Limited. Credit Agricolt Indosuez Limited. Credh Bank Limited. Development Bank Limitcd. Fidelity Commercial Bank Limited. First American Bank of Kenya Limited. Giro Commercial Bank Limited. Habib Bank A.(5. Zmicb. Habib Bank Limited. lnvestmene & Mortgages Bank Limited. Kenya Commercial Bank Limited. Nationnl Industrial Credit Bank Limited. Paramtmnt Universal Bank Lirnited. Victoria Commerciai Bank Limhcd. On eniployment, the E.P.D. report shows that majority of $e I 8 banks have fewer maâagement staff at the top but many unionisable employees at the bottom; and 7 out of the 18 banks have unionisable employees who make up less tlllm 50% of the total labour forces while 3 of them lmve over 80% management staff öut of the total labour force, whtteas 1 of tbe. lmnks has 92.7% of its employtes being in tbe manajement. lt would, tilerefore, apgear that majority of the banks are reduclng unionisable employçes and lncreasing nunagemcnt staff. The E.P.D. report goes on to state that between 2001 and 2002, 9 banks reduced their tmicmidable employees wllile 6 of tllem increased tllis c'ziegory of employees. In contrast, 14 banks increase,d tlleir management staff and only 1 bank reduced them. This means that, on the one hand. the labour cosf and tke numerical strengtk of thc unionisable employees are reduced while the renmining employees of this category are saddled with increased workload; and on the other hand. tlle labou.r cost ef tlle malagemetlt staff ltas gtme ttp, but wittl a poor commalö structvwe for tbe banks. As regards the labour vost and income per head, the E.P.D. report shows a very high differential in incomes and benefits between the management staff and tlle unioaisable empëoyees. It1 3 otzt of the 18 baftks, iacome per Ilead for manzgenTewt staff is Iess tban doulie, but in tbe Rst of the banks, management staff earn up to 5 times (500%) more than the unionisâblc employees. ln 1 bank, labour cost per head for management staff amolmt to Kshs.,3.3 million per ycar, compared to Kshs.0.55 million labollr cosf for nnionisable employees per head per- year. This tralulates te Kshs. 275/- atld Ksl1s.46/- per morktll per head resmctively; whic,h is a vel'y bigh differentia! on average, and it also means an unequai distlibution of tile ttcommon cake''. ln most banks , management staff spend more than dotlble of what they contribute in terms of productivity, while the unionisable employees consume Iess than 50% of what they :dd in terrns of prodtlctivity. The uniortisable employecs have, howbver, a high income per head than management staff in tbe Bank of Baroda Limited, and tlley .also consume mort tban what they add in terms of productivity. . Turning to the tinancial position of the 18 banks, the B.P.D. report s'hows tlzat t'heir business performance was poor in 2D01/2002. Out of 40 banks, 7 postcd losses in 2001 and 4 also incurred losses in 2002. During the same period, most of the banks experienced declining profits after tax. 27 out of the 40 banks shewed tlut tlteir profits decline; by bttween 1 .3% to SlBtxp, while tlïe rest of-tlkem, i.e. 13 remaining banks reflected growth in prof'its of between 9.2% to 152%. ln general. however, the E.P.D. report states that the member banks of tht Association are able to meet the demands by the Union. But since AWARD ne Notification of Dispute, Form <$A'', dated 24th September, 2003, togetber with the statutory certificate from the Labour Commlssioner under section 14 (9) (e) of the Trade Disjmtes Act, Cap. 734, laWs of Kenya (widcb is bereinafter refrrred to as the Act), were received by t:e Court on 23rd October, 21*3. ne Union submitted its memorandum on 14* November, 2003, and the Association filed its reply statement on 9* December, 2003. ne case was heard on 16th aad 19tlt Ialmat'y, 18 aad 24t11 Marclt, l3tl1, 19t11 aad 2l:t Apdl, 17ttl May Kd fina! wdtten memoranda or shtements were tendered on 26th May and 8t11 lune, 2. (X)4 respectively. At tbe commencement of the bearing, tile Union (lropped issee No. 12, re: Acting Allowance, and the same is dismissed as dropped or withdrawn. 0ut of the 13 remaining issues, tlle Union submitted on issues Nos. 1p 3s 4, 5, 8, 9, 11, 13 and l4, while thc Association made çepreseqtatilm er promsals (m isstles Nos. 2, 6, 7 ald 10 lleçeiqabove. 'Ihe Assedatilm clmsists ef the followicg 42 membeç biuks- African Ballking Cergoratiotu Akiba Bank Limited. Bank of Ahica Kenya Limited. Bank of India. Bank of Baroda (Kenya) Limited. Barclays Baak of Keaya Limited. CFC Bank Limited. Cilarter:onse Bank Limited. Chase Bank Limited. Citibank N,A. City Finance Bank Limited. Co-operative Baik of Kenya Limited. Commercial Bank of Africa Limited. Consolidated Bank of Kenya Lilnited. Credit Bank Limited. Devslopment Bank Limited. Diamotld Tnlst Bank Limited. Dubai Bank Lilnited. Equatorial Commercial Bank Limited: Fidelity Commercial Bank Limited. Fina Bank Lirnited. First American Bank of Kenya Limited. Giro Commercial Baak Lilhited. Guardian Bank Limited, Habib Bank A. G. Zuricil. Habib Bank Limited. lmperial Bank' Limited. lndustrial Development Bank Limited. Invtsmwnts and Mortgages Bank Limited. Ke' nya Co'mmrrcial Bank.Limited. K-Rep Bank Limited. Middle Fast Bank Kenya Limited. National Bank of Kenya Limited. Natiot!al Industrial Credit Bauk Limited. Paramount Universal Bank Limited. Prime Ban: laimited. Stanbic Bank Kenya Limited. Standard Chartered Bank Kenya Limited. Soutllera Credit Banking Corporadon Limited. Oental Ibnk Limited. Trans-National Bank Limhed. Victoria Commercial Bank Limited. The Association engages in banking services throughout the country, and employs the following main categories of unionisable employees, who are affected by this dispute- Section Heads. Check Clerks. Cledcal Staff. Copy Typists. Teclmical Staff. Subordinate Staff. ne parties have a valid recognition agreement which was signed on 4th October, 2000 and have also entered into two collective 15th September, 2006 TI'lE IQENYA GAZETTE 2295 the dispute covers past period and payment will obviously be made in arrears, there may, therefore, be no leady funds for payment of tke additional cost because a Iargc portion of the profits has becn paid to the shareholders in dividends. Furthermore, a new collective agreement, which may require additiom'tl futtds, is due ftlr aegotiatioa by the parties. Tllus, while some batlks may vomfoçtùbly meet tlle demauds, etllers will bave tlifficulties paying tbe same as they a'fe already making lossts. ln the circumstances, caution should be exercised, especially bearing in nzind that the E.P.D. report or analysis covers oniy 42% of a1I the mcmber banks under consideration. With the foregoing observations in thc E.P.D. report, l now proceed to collsider seriatim the thirteen (1 3) issues before me artd award aveordingly. Benqfits t() Union Jfepl/?érr.ç only: Mr. Kubai for the Ullion demauded that the following tsagency slmp'' clause be inserted in tbt pallies' collecîive agreement- $: l A ( 1) Tbe Agreement concluded sball be fol' the benefits of members only. IA (1 1) Tbe extension of thc same benefits skali br on tbe basis of a charge of Ksh. 25O per month for the said member for the duration he/she enjoys that benefit''. ' In support of the demand, Mr. Kubai submitted that the said Stagettcy slmp'' clause is in keeping with the freedom of association as eusllritAed iu tke cotmtry's Coastitutioft alld ILO Ctmveatilms Nes. 87 and 9S; that it promotes good industrial Telatifms, minimizts diNide and rulc tactics and also not prejudicial to thc norl-members rights; that the practice is in keeping with the objects of the Union's Constitution and the rtlles of a club; that the practice obtains in other jurisdictions Imd it elimiuates discrimiaaticm at ttte place tàf work, and tlut t*e ssame practice is being applieö by the Assoviation (Union Apps, 1, 11 and 111). On privity of contract, Mr. Kubai submiîted that the ajreement shall bencfit a11 members of the union who were and still are ln employment of the Association's member banks as from 1st March, 2003. He poiated out that this is art ia-bltild right to members and only those who art. privy to the contrac.t c'alz lay claim and bezefit from tllat contract; and it is in conformity wit: the Retirement Benefits Authority Rules. liowever. he said, if a member or members happens or happen to break the contract before the dispute is concludrd, then he or they should be compensated upto the time of departure. After alls the costs suc.h an empleyee or employees have atready beea pçovided for or factoyed in the accounts of tlàe Association's member banks. Mr, Namasake for tbe Assodation strongly opposud the deman; on t:e ground that it is in çonfiict witb tbe jrovisions of the parties Recognition Agreemcnt which was signed on 4th October, 200D, especially Article 7(d) thereof, which states thus- ç*7 (J) .........,............,............,........ (:) ............................'........... .: (ff) The Union also undertakes not to victilnizc any employee of a Baak ort account of his/her aoa-membership of the Union. Ternls and Cbat/ï/ïf/rlâ' t?f Service: # The member banks of t'he Association intend to introduce and operate çdperformance Development Prtkrammes'' which will peg aaaual iacremertts in satary to performaace. Mr. Namasake averred tùat presttqtly there is on aveçage of 3% salAry itwrelse lffected automaticaliy în January and.luly eacb yeaT, whic: the Union ignmes completely whenever nejotiations are undertaken. Consequently, i in salaries have become unbearably high and staff costs have 'ncreases also gone up by an average 40% of the operating costs, In the eircumstances, aud takiqg illto acfltmt busiltes.s needs as a wllole, member ban' ks slmuld bt allowed to determine the amounts and the due dates of sucb increments. bave between 2.S$n. and 78% membersbip. Tberdore, among tltt member banks, a large number of unionisable employees are no1 members of the Union yct they enjoy or benefit from negotiated collective agreements - ney are 'joy riders''. Tlle d'agency shop'', like the f'closed shop'' system, is a delicate subject as it tonches upon an individnal's right of freedom of associatioa ay enshriaed tmder Artide 80 of ttle Kenya Clmstitution, 4nd any award in favour of agtncy slwp would be tantapount to an intezference witk tbe empioyees' constitutional right, ne recognirion agreement, especially Article 7 (#) hdreinabove, between the parties acknowledges that the Union represent a1l employees and that it (Union) had undertaken not to victimize any employee employed by auy member baltk of tlle Assodaticm o? açcolmt of bis/lter non- mtmbership of tbe Union, Clause 2 (tz) of Part B. III of tbe Industrial Relations Charter states tbat management will discotlrage the practice of interfering Fith the rights of employees to enroll or continue as union members. Under article 80 of the Kenya Constitution. it is emphasized tlmt, d'except with llis own consent no person shall be tïinde:'ed in tlAe enjoyment of freedom of assembly an4 Association, that is to say his 'figi)t to assemblc freely and associase whh otiler persons and in particular to form or to belong to tradç tmions or other associations for the protection of his interests.'' Therefore, if the Collrt award is withhelds from non-union memberss it would be tantamount to victimization of certaia emplqyees for tlGt jeiniag tlw Ulion and tbat would bc contrary to the recognition agreement between tlte parties and an interference with an individual's constitutional right to freedom of asso' ciation (see Cause No. 19 of 1967.. Tailors and Textiles Wkprfzrx ' Union =# E.A Bag and Cordage Company Limited and Cause Nb. 10 T?f l 972: &krlyc Union (?f National Parks flfupl/ycd,ç and <knyfl National Parksj. Witb tlAe foregoiug discussion in view, fbe dem-mus are rejected. Accordingly, Mr. Namasake prayed tbat the autofnatic annual salary increments be abolished; and in the alternative, the increments be an element in any negotiated settlement. Mr, Kubai vigorously opposed the demand on the ground that the 3% automatic almaal iftcrement is non-negotiable because it is based ol tlle employees' yeaçs of serviee aud experience, atld if the demand by the Association is allowéd, it would amount to an unequitable trcatment of the employees and would also expose them to the mercy ef tlle emptoyers; tbat the automatic atmttal incremertt.s are aa iategral pal't of ttke sliding scales, otherwist tlttre would be tlTe danger of stagnation of salaries in real terms; that h is not withkn thc jurisdidion of thc Cotlrt to take away or deprive lhe employees of this benefit, which has been agreed and implcmented for over 4 years and substitute it with a negotiated programmes and that the said performkmee pçogramme is already catered fer tmdeç Clattses AB5 and ABIO of Appendix ('B'' of tbe partits' collecîive agreement. Mr. Kubai, therefore, urged îbe Court to rejec,t tht deman; by the. Association. ' On careful consideration of the parties' subznissions on this item, I am tirmly convinced that if this demand is allowed the employees will be demotivated and suffer immeasurably in terms 'of their pay . packages. Accordittgly I reject the demand. ' Slidiny 5'fwleà-.- ln the currznt collective agreem' ent, tllt veilings art as follows He said tllat the prlpositiou disdimiuatts and infringes on ttïe rigbts of An indiviöual employees to f'feely associate , and it does not also promote good industrial relations. Mr, Namasake stated further that the introduction of agency fees amounts to forced rçcrtlitment and that the judgment in H.C.C.C. NO. 1398 of 2002 has since been varied' an.d cannots thcreforea form a proper precedetlt ta be relied klplm by tlte Coktrt. As regards privity of c.outrac,t, Mr. Namasake averred tbat , as a matter of practice in all past agreement, a concluded agreement will only benefit unionisable employees who are styll in employment at the time of registration of the same. In the circumstances , the Union does not have any justification for a change. In any cases the matter did not arise duriag tlle parties' negetiatioas aud it shottld ftct tke cauvzssed in Cozrt. F'or the foregoing reasons, Mr. Namasake vlrgtd tl4e Court to Ieject tht dzmanös as untenable. Tlle E.P.D. report sbows that out c;f tlke 1B banks anayyzed , 3 bave 120% union membership, 2 have no single mcmber , while the rest (i) Sv-mion fleads 17 years (ii) Clerical Staff 29 years (iii) Technical and Subordinate Staff 27 years 2296 TI'lE GNYA GAZETTE 15th September, 2006 Mr. Kubai submitted that, in the absence of openings for automatic romotions lo the next grades thr employe.es stagnate and nzark-time at ery early ages alld this creates frustraticrl and curtains rofessionalism. In the çircumstances, he prayed that the prngression . cales be made tlniform for al1 gradc tmtil retirement.' Mr. Namasake urged the Court to reject the demand on the ground hat the Union has side-stepped its original proposal. ne dbmand by the Union amolmts to a plea of elongation of the ceilings and en masse promotion of the tmionisable employees through a Couzt award. ne crilings or bars are mean! to btxs! the employres' rnorale alld ellccurqge self-developmerlt, initiativc, cfficierlcy and ambition, wlïich attributes are meant to earn tlle employees promotion within the time scale. Therefore, promotion of employees is a function of tlle management, and this Court cannot 1ay down any hard and fast rule in the malter of employees unlcss unfair labour practice or viclimizatitm i: establiyhed. lt i:, tbcrefore, n:t desirable t/ interferc witll the discretion of the management. ne demand is accordicgly rejected. Salary: The origitlal demand by the Urlicn was 20% acrcss tlle hmrd, based on the foilowing factors- Cost of Living 4% Wage Differenéals 10% Producùvity 3% Protit Shring 3% This amounts fo 20% for thc pcriod lst March, 2002 to 2Bth Febrnary, 2003. But the Union has since revisrd its tlemand downwards to stand at 16.7% across the board. ' lIl resgorlse, the Association llas offered 4% salary irlcremellt across the board, with effect from I st March. 2003, oll the following considerations:' -. Cost of Living Productivity Total In supporl of the demand, Mr. Kubai submitted that Wage Guidelinr 2 allows firm prtpductivity level.: achieved during the period tmder consideration to be a factor for additional wage compénsation consideration for employees,-and part I therefore empowers the Court to takt into consideration wage differential with a view to reducipg wide income differentials. He pointed out that in practice some maznber banks Aarr a pprtion of !he profit earned dnring the financia) year endirlg 3 1st December with the employees, and since the practice is not entrenched in the collective bargaining agreement, it is prudent to make it mandatory artd also be taken into consideration in order to rtmove the elements of discrimination in the industry. Mr. Kubai asserted thgt, although the last offer by the Association is 4%. across the btlard, ane oî it: mèmbèt banks awarded the unionisabla' ih mise to pay tlle differenceemployees 5% wage increase with e pro when the matter is dttennined. 2.78% 0,30% 3.08% already been paid to produce it. Allowing this would amount to double compensalion- However, where projif growth exceeds expectalion and is attributable ttl warkers effprt individual bankâ llave an optitm of giving a bonus to if.s workers as a token of apprcciation.'' 0n cost of fiving, the E.P.D. established that for the period under consideration it arose by 3.7% for the upper income group under which all bank employees fall. As regards productivity, the E.P.D.. report reveals tlmt changes were negalive for 15 out of ) B member banks. It showed that anly 3 aat af 18 member ,banks had ptuitive productivity grawth, rangîng from l .5% to 57.4*, wllich in essefice ttegates the justificatio!l for productivity increase. Adverting to wage differentiai, E.P.D. was unable to determine the perlnissible tevel of compensation. 'rhcmfore, if 1he demand by the Union is allowed, an additional cost equivalent to betwtzn 3% and 23 .% of the banks' profits wopld be required for salary increment, whereas thc offer by the Association would take between 0.7% and 6.7% of the banks' profits; and adoption of the Wage Guilelines entitlement wotlld cost between.o,6tro and 65.7% of the banks' proftts. This being the case, 17 out of the 18 banks analyzed could comfortably afford to pay without conskaint, but I could not because it i.s making lossex. My discussion and observations on this issue in consolidated Causes- Ab.î-. 26, 32 and 38 qf 1995 and Cause No. 50 çy./' 1997, betweerl the same parties herein are stilf relevant today and apply to tlûs dispute too, and l wish to reiterate my observation at page 45 in thc consolidated disputes- 1$ln a matter of this aature, it is almost impossible to attain any degrec of exacttituöe, and cerlain amounl of guess bas to be hazarded in adjusting thc inter-play oî a variety of diversc facttlrs''. lt? Cause No. 50 ??J 1997, 1 alstp refcrred ttl Cause No. 28 of 1997: Kenya r-?'rlfr?rr fl/- Comtnercial Ff7rzfz' atkd X#/F# Iptyrl-tecç lr Kenya IW/F Agencies Limited and Ihternational Distillers Kenya Limited: ln which l observed at page 17 as follows: td'l'he t'ixation of wage slucture is, therefort, among most difticult tasks that industrial adjudication has to tackle. On thc öne band, not only the demanfls of social justiee but also 1he claims of nalional cccllemy require that attempts shanld bc made to secure !() !hc employees a fair share of the income which they help to produce; on the other hand, care has to be taken that the attempt that fair distribution does not tend to dry up the source of the income itself because unreasonable inroads on the profits of the company might drive tapital away from fruitful employment and even affect prejudicially capifal formatiofl itsclf''. l groceeded tc obserk'e in Cause AW. 50 (-,9/'/#97, atpage 13 as kereunder- izTherefore, the ïnter-relationship between the rmployees' efforts and the company's achievement ()f its corporate goals must not be overlooked. No company can hope to progress without the effeciive rfforts of its employees and good remuneration contributes greatly tewards that achievement. On thtl other hantl, employees cannot obtain financiaî rewards and job satisfaction unless tNe company achieves its objectives, The reconciliation of these opposing interests. in the workplace constitutes a challenge to modern management'' l went on to observe that the dilemma is summed up thus by Millon 1,- Rot'k in /JJx Book.' ''Sdzzzz/i/a/n/f /?J Wthb'e tmd Salary ztt//rl/rfù'?rtz?//z/f '', Chapter 7 7, page 44, as fellt?u's- tslf pay takes a disproportionate share of profits, employecs may be content with their gains tempgmrily, but tlle imbalance carl lead to tlle faifure of tNe comparty. Similarly, fow pay rates allow higher company profits temporarily, but 'd0 not attract or retain competent personnel. The result is performance mediocrity and its possible consequences, coznlzany instability and (Ieteriorationt'- Keeping in view ie aforementioned observations and taking into ctmsideration the parties' respective subrnissions, re: demand and offer, E.P.D. unsatisfactory rcpgrt nnd tlle settled industrial prillciples on this matter, I am of tke opinion that 15% wage increase across tlie board will meet the ends of justice, and I so award and order. House Allowance: Atcofding to the Union, the current rates of house allowance under Clatlses AB l(ii), AB2 (ii), AB3 (ii)& AB8 (ii) and AB9 (ii) are as follows: Mr. Namasake argued that the Qffer of 4% has been rounded up for ' the beneftt of the employees. He said tbat the cost of living for flïe period, which was based on statistical data from Central Btyeatl of Statistics, is 3.7%, and since the industry is in the higher income bracket. the Association allowcd corripensatioll at 75%. Furthennore, the productivity figure for the industry is 0.90*, wllich is rounded upwards to 1%, and wben compensation at 30% is alloweds a productivity of 70% is attributed to management and bighly computerized technology. In the circùnkstances, Mr. Namasake stated tha! t:e damand by lhe Uzlion is taaggerated becanse trmpensation sllould lmt l)e at 1*% as cost ()f livirtg, wllile productivity sllculd rlet be 3%. In any case. there is wage differential to the maynitude delnanded and the employees should be satistied with the salarles paid to them for work done. According to the E.P.D. report, the factors which have been used by thè parties 'for tlteir demands and offers for enhanced salaries include cost of living, wage differenlial, productivily and profit sharing. 1r1 it's analysis the E.P.D. ignared usirtg the f/rmula ef prcfit shaling because income generated from any undcrtaking is shared among three major beneficiaries, namefy: Fages or salaries, e.t.c, Government in terms of txts and owners or shareholders in tenns of dividends. The E.P.D. report goes on to state that $:It is therefore not appropriale for workers to request a share of profit when they have Section Heads Clleck Clerks KSh. 2,893 KSh. 2755 15th September, 2006 TI!E KENYA GAZETTE 2297 Clcrical Staff and Copy Typists KSh. 2,321 LOCGI OJPC Days'' Technical Staff KSh. 1,632 ' (jne Union demand that all the unionisable employees be accordes ubordinate Suff KSh. 1.531 uniform local leave of 30 days per annum. Mr. Kubai submitted that tbe employees should live in middle and ne Association urged the Court to maintain status quo.uppe r class estates whose monthly market rents range between KSh, 10,000 and KSh. 25.000 and KSh. 14.000 and KSh. 35,000 for 2- uw dimand is untenable and it is rejected. bedroomed and 3-bedroomed houses respectively. He, therefore, d that a1I unionisable employees be accorded a house allowance Local l'Ewve Allowance:praye at the rate of half of their basic salary f0r each and every employee j oljowsi-ne current rates are as across the board, and the only reasonable house allowance would be at 45% of the. basic salary of each employee per moath. KSh . ' Mr. Namasake submitted that the concept of paying a percentage section Heads' 3 ,437 per annum of basic pay as a house allowance is not acceptable. as it is rtot ffordable. He pointed out that there is no law. which requires an (ii) Chèck Clcrks 3,313 per amluma employer to pay 15% of an employce's salary as house allowance.(iii) Cl erical Staff fcopy Typist: up to 10But , he said, kn line with the past negotiated settlements, the member years service 2,908 per annumbank s of fhe Association prepared to pay 4% increase on the current for all categories of employees. Mr. Namasake, 10 years service and over 3785 per ammmlïouse allowancc therefore prayed that the Court award 4% increase on the current(i v) Technicaland Subordinate Staff: up to- house allowance in terms of the collective agreement rates . ( 5:$-/ per aîmum5 years service , The E.P.D. report shows that the cost of liviag rose by 3.7% over 5 years service arld over 1,610 per nnnumth e period under conpideration, and housing element could be compensated by a factor of 1.87%. ne Union demand that all union members be paid one (1) month's basic salary as leave allowance annually.I n my view, house allowance is a very important element of an employee's working life, particularly now èhen the rates of house In support of the demand , Mr. Kubai submitted that the local l:ave rents have appreciably gone up. ln Cause JV/. 96 f>J'' 2000: Kenya allowance is meant to provide for costs of rest , comfort, kavel and Union o .f Commercial Food and Allied Workers V. Queenswcy other incidentals to an employee and his-immediate family merpbers Properties Limited. I observtd at page 1 1 thereof that : f'lt is a fact that . for the full dtlration of the earned leave days . He stattd that tlle, current b1e living accommodation is scarce and ' rovisions cannot meet all the expçnses envisaged for that purpose anddecent and reasona p unaffordable, particularly in urban areas and landlnrds have also not cannot compare favourably with the allowances accorded senior been slow in exploiting the situation to the disadvantage of the public, nianagement staff in the banking sector and also other industries. Mr. ' especially employees of low income wage or eaming'' (Jee also Cfluse Kubai , therefore, urged tlze Court to bear in nlinll tàat adequate leave No. 38 of 1997.. Tailors and Textiles Workers ' Union k'. Garment allowance and leave days are a panacea against stress, fatigtle and will Manufacturers MtzAo. Production Group and Cause No. 96 of 1998: help to promote productivity. Kenya s'/lt?tr and Leather Workers ' Union 7. Leather lndustries of i 9 of the Employment Acts Cap. 226, Laws of The Association has offered to increase the existing allowances byKenya Limited). Sect on ' Iia that- 4% in line with past practice for negotiations where increments areKenya , provides, lnter a , based on current collective agreement figures. Mr. Namasake 'xEvery employer shall at g1l times, at his own expense, provide submitted tilat every employee bas time enough to plali when to avail reasonable housing accommodation to each of liis employees either at his/her leave and costs associated with it , He asserted that the or near to the place of employment or shall pay to the employee such allowance is ovef and above the high salaries already enjoyed by the sufficient sum, as rent, in addition to his wages or salary, as will e'mployees , and as such the proposition to pay a month's basic salaz'y is enable the employee obtain reasonable accommodation. . ..'' not affordable . On careful consideration of the submissions by the pmies on this ne E .p.D. has established that the demand by the Union of one issue and keeping in view Wage Guideline 2(ii) and (iv) and the above (1) month's pay per year would mean an additional cost, equal to legal obligations imposed upon every ymployer, I am of the opinion between 1.3% and 9% of tbe banks' protits , while, on the other hand, that the Union's demand of 45% increase on the basic salary is the offer by the Association would mean an additional cost equal to . unreasonablj high and the Association's offer of 4% is unacceptable. between 0.004% and 0.05+. In my considered judgement, 10% increase on this qitem is fairly . tjj IT p o , repoj.t does not show any fares of variousUnlorîunately, e . . adequate for now, and I award accordingly. ti aéoas; but as I have suted in my numerous awards befort, localdes nI ncremental Dates: Ieave allowance is personal to the employee himself/herself arid the demand for inclusion of his/her fanlily members is un-called for.Mr . Namasake submitted that employees in the banking industry f uI oousideration of the demand by tlle Union vil-d-However, on cal'çreceive on avcrage a 3% automatic salary increase in January for tho se f tjw view that an improvementvis thc offer by tlle Assgciation, l am ()who w ere employed before 30th June and in July for those who were j ) tjw Association on the current rates by a furtherof the offer of 4% yemployed after 30th June . nerefore. the increases are in-built in the jjj meet tlw ends of justice, and I3%, to make it 7% açross the board, wscales and yet when negotiations are conducted the increases are not so award.takeft knto account although they constitute a sknitkant cost dement . ' Std&verin8 t?/vf/&r.ï ofWorkMr. Namasake, therefore, prayed that the Court should recognize annual salary increases as an integral part of any negotiated salary 'rhe Association has urged the Court to award the following new increments and a component tn peréenuge increases. dause in tlw parties' collective agretment- . Mr. Kubai submitted that the demand would introduce a general exwllere possible and in agreement with the employer . aa employee statement of facts, which cannot be operationalized. He, therçfore , may adopt flexible working hours. Where. flexible working hours is prayed that th8 demand be rejecied. adopted the requirement to pay overtime for work after 6 .00 p.m. during the week or for hours worked cm Saturday after 2,30 p.m. shallne demand is vague , and it is hereby rejected. not apply. Flexible hours shall not be spread into Sundays and public Emciency Bars: holidays''. ' On this issue, Mr. Namasake urged the Court to award that the In support of the demand, Mr. Namasake submitted that the current crossing of efficiency bar should be by rnarlagement assessmenq based provision in the parties' collective agreement allows for smggering of formance of the individual employees, hours at the initiative of the employer; bqt the provisien beiug sougl:ton per is to enable an employee to takt tlw initiative and arrange with theM r. Kubai prayed that the demand be rejected because it is meant employer hottrs of work wbicll may s .uit him/her. He said that the to intzoduce an element of arbitration and interfere with the custom roviso is that the total number of hours worked per day or weçkp and practice of over 40 years of the parties' relationship. r emains as provided for in the parties' collective agreement; and' fiexibility in providing for such an arrangement in tlAe collectiveI rlza ork: k'oo e#.<x vwloxzoooo af Glo d/xmonrl 'anrl ov c',4oG 1ê lo v'olooeorl 2298 TI1E KENYA GAZETTE 15th September, 2006 agreement is beneficial both to the employee and the employer and will assist greatly in responding to busine' ss dictates, customer taste. as well as cmployee's welfare. Mr. Kubai strongly opposed the demand on the following grounds- ' that there is already a shift work arrangemen! in the current collective agreement under Clause A822 which takes care pf flexible working hours; (b) that the staggering hours of work was introduced not to extend beyond 6.00 p.m. on weekends, and the introduction of this proposal would compel employees to extend work into unsocial hours of the night which are already catered for and properly compensated under the shift arrangement' ; tabled some documents which purport to show that other comparable concerns pay very generous medical packages, and went on to sample medical treatment thus:- (i) Consultations alone range between KSh. 1,000 and ' KSh. 2,500 per person per visit. (ii) (a) Bed charges range between KSh. 1,950 and KSh. 3,950 in the - eneral ward.g (b) In-patient deposit ranges between KSh. 15,000 and KSh. 80,000. (iii) (aj Intensive Care Unit (ICU) bed charges range betwecn KSh. 8,000 and KSh. 16,830 per patient per day. (bj Deposit for I.C.U. ranges between KSh. 25,000 and KSh. 300,000. (iv) Pzescription charges of medicines range between KSh. 2,000 and KSh. 10,000, '(v) Government rates for retroviral medical care are KSh, 3,000 per dose per month. (vi) Packages of insurance medical schemes outside the collective agreemtnt range as follows: ' (a) Out-patient-Ksh. 50,000 and KSh. 350,000 per annum. (b) ln-patient-Ksh. 200,000 and KSh. 800,000 per annum. In reply, Mr. Namasake submitted thàt the demand by thc Union is unrealistic, unacceptable not affordable and should be rejected. He, bowever' , maintained that the Association would like to 'increase the limits applicable to each category by 4% and thereafter use the new limits to purchase insurances covers where possible in order to cater for the needs of the employees. The E.P.D. report on this issue shows that differcnt banks run -different types of medical schemes for their unionisable employees and management staff under the following arrangements- . (a) ' Reimbursements under managed fund. ' (b) lnsurance scheme, (c) In-house credits. (d) Self-fund. (e) Cost-sharing (after limits are burst). The amounts covered range as below- Out-patient (KSh.) hl-ptzlïerlr (KSh.) Unionisable employees 30,000 -100,000 50,000 -200,000 Management staff 20,000-2,000,000 50,000- unlimited The E.P.D. report reveals further that in the majority of banks, I non-unionisable staff consume over 70% of the total expenditure on' medical and that a large proportion of employees do not exhaust their medical ceiling. lt goes on to reveal that of the l 8 banks, 10 had no body wthat exhausted their medical ceiling, and as'' . f0r those with incidences of busted medical ceiling, the percentage ranged from l .8% and 100% of al1 unionisable employees. On medical expenditure. the E.P.D. teport also shows that banks spend between .1 .4% and 17.9% of their protits on medical. ln the circumstances, the parties' proposal and counter-proposal may not alter thc costs very much, especially wherc ' insurance premiums are involved but they may alter anungements and terms of such covers. In Cause No. 90 c/' 1991: #e'?lyt: Ulti()ll c/' Contntert'ial, Ffyfltf and Allied workers F. Keltya Sankcr'x (Enlployers) A-h'xt,('fJ#f??I, the Court observed on this issue at page 1 1 thereof that.- Sstoday medical facilities for the general public are so hopelessly inadequate that any employer who expects good returns for his investmen) has no option but to ensure that these employees arc well and fit for w'ork at a11 the time''. . . .arld that ($It will also b , ç to his advantage if an employer becomes a little more liberal with regard to medical benefits. for an ailing employee and his family are a liability rather than pn asset.'' This observation still holds good today. Section 1 2( 1) of the Employment Act, Cap. 226, Lawsxof Kenya, provides that- ' :t . , .every employer shall ensure that provision for his employees öf proper medicines during illness and (if procurable) medical attendance that staggering of hours of work was uot meant to be for many hours but for an hour and less; that it would be chaotic for 'seach employee to make his/her own arrangement to come to wofk'' because at some stage, employces may be coerced to make request for flexible hours which may effectively take away some overtime entitlements; that the proposal of thc introduction of the'proviso is made in bad ' faith as it would deny the employees their statutory overtime, and that under Clause AB 1 8 of the parties' collective agreement t'overtime must be paid #nd no offs to Offset Overtime.'' Accordingly, Mr. Kubai prayed that thc demand be rejtcted as it will crosscut the shift arrangcments already in place and assist cmployers to deny the employees their rightful overtime. The proposal by the Association is in accordance with the . necessity and common practice of the member banks. However, 1 would allow the demand provided that the total number of normal working hours per day or per week are not varied or exceeded, and it should not also interfere with 'the overtime hours of work d uring the weekends and public holidays. Allowance fi/r Mobile &t#/ 'and Supper Allowance: The current rates for lunch and supper are KSh. 151 and KSh. 163, and the Union demand a hike to KSh. 300 and KSh. 400 respectively per person per day in view of the fact that a' balanced meal at the airport would cost between KSh. 450 and KSh. 500, against the offer by the Association of 4% increase on the current rates in line with past practiee where a percentage point is granted on the amounts in the parties' collective agreement. ln its analysis. tbe E.P.D. established that out of the 18 banks, only one has mobile staff involved ip airport services and IT personnel. Thus, the issue of mobile staff affects very few banks. The E.P.D. also foqnd the demand by the Union would amount to about 122% incrcase in the current rates, which will result in an additional cost for the one . bank of about 1% of its protit, while the offer by the Association will cost the bank an additional amount cqual to about 0.5% of its protit. In my considered opinion, the offer of 4% increase made by the Association on this item is adequate and l award accordingly. Acting A//rpwfmce.' As stated at page 3 hereinabove, this item is dismissed as dropped or withdrawn by the Union. Medical 5'('71erzle.. Under Clause AB33, the current rates for the employee, spouse and four (4) children below the age of eighteen ( 1 8) years are as follows- Section Heads, Clerical Suff and Copy Typists- up to KSh. 36,214 per annum. . Teclmical and Subordinate Staff -up to KSh. 27,209 per almtlm. The Union demand that these rates be improved as hereunder- Out-patient ln-patient In support of the demand, Mr. Kubai submitted that thç management staff enjoy limitless medical cover for self, spouse and children, and the demand by the Ulzion is, therefore. in line with sectixgn 12 of the Employment Act. Cap. 226, Laws of Kenya. He Ksh. 50 000 Ksb. 34,000 15th September, 2006 'INl!E KENYA GAZERTE 2299 during serious illness, and shall take a1l reasonable steps tp ensure that the illness is brought to his notice as soon as reasonably practicable after the tirst occurrence thereof ''. ' On a serious consideration, therefore, I tind that the offer by the Association on the current rates is too low and the demand by the Union is a bit too high. The E.P.D. report is also not helpful on this SCOre. In the circumstances, I feel that an increase of 10% on the current rates of medical relief across the board will be adequate compensation to each of the unionisable employees, including a spouse and four (4) children below the age of eighteen (18) years, for the time being, and l so award. Owner Occupier House Allowance.. Under Clause A834 of the parties' collective agreement, a11 deserving and eligible unionisable employees are entitled .to KSh .. 7,500 per montb of this benetit. The Union now demand that a11 deserving and eligible unionisable employees be entitléd to this benefit at the raje of 20% of the capital cost, which includes value of the land and tbe house, spread over twelve (12) months. In support of the demand, Mr, Kubai subrnitted that the basis of this entitlement is to cater for tlle oppolunity cost of forçgoing the market rent returns on the capital expenditure on houses and land on which the house stands. He said that capital expenditure on housing lmits ranges between KSh, 800,000 and KSh. 3 million; and given that the prudent rate of returns to capital expenditurç would be at the rate of 20% per annum, the Union, therefore, demands that this capital expenditure should be recouped in not more than tive years. Hence, the ideal situation would mean tha.t the rate of return would require between KSh. 160,000 and KSh, 600,000 per annum; and if the owners of the houses are not restricted by the rules of the Association member banks to live in such houses, they would easily fetch m' onthly rents ranging between KSh. 20,000 and KSh. 50,000 per month. On the prevailing situation in the ihdustry, Mr. Kubai pointed out thàt the cheap loans afforded by the Association member banks to their staff are no longer available, and even for the few banks which do so charge high interest rates and fringe benetits-tax ranging between 5% and 8% per month. Since most of the member banks do not give such loans, their employees are, therefore, forced to borrow in the market at the intercst rates of between 20% and 30% per annum, Mr, Namasake vehemently resisted the demand on the ground that tlle allowance is discriminative, unaffordable and it ought to be phased out. He stated that the Government was the first to introduce this scheme; but after a thorough investigation and research, the same has been phased out for civil servants and other public. institutions. Mr. Namasake maintained that it is inequitable to gran' t empioyees subsidized loans to acquire housing only for them to demand additional benetits; and in the circumstances, he urged the Court to find that the proposal by the Union is unacceptable and ought to be rejected. Acçordingly, Mr. Namasake prayed athat the allowancc be frozen at the current Ievel for those employees who are already receiving it and be phased out in due course. ne E.P.D, report shows that banks spend between 0. 15% and 12% of their profits on owner-occupier house allowance; and of the 18 banks analyzed, 13 were paying owner-occupier house allowance to a total of 1383 einployees, but this number cönstitutes a very small proportion of the total labour force. However, 5 banks had no single person eaming owner-occupier house allowance. In Cause No. 50 0 .f1997: Kenya Union ofcommercial, Food and Allied Workers 7L Kenya Bankers (Employers) Association, I stated at page 19 thereof as follows- ' tdln my considered opinion, it is the responsibility of i good employer to cater for the housing needs of his employees by enàbling them to acquire decent shelter, especially in urban centres where housing accommodation is extremely scarce and expensive. This state of affairs léaves most employees with no altemative btlt tf.l stmk shelter in the ever-mushrooming slums, which are not fit for human habitation. In order to curb or minimize this pathetic situation, the provision of awner-occupier house allowance is necessary; and in fact this is widely recognized and I see no reason why the banking industl'y should be an exception.'' Hence the award of KSh. 7,5* per month owner-occupier house allowance to al) tùe deserving and eligible unionisable employees. ln industrial 1aw an amenity or a benefit, which has been granteb to or enjoyed by employees, cannot either be unilaterally frozen or taken away or withdrawn. but it may be vnhanced. 0n careful consideration of the parties' submissions on this item, it is my humble view that this benefit or amenity be retained, and the current amount of KSh. 7,500 be enhanced by KSh. 2,500, to make it KSh. 10,000 per month. I so award and order accordingly. ' While disposing of this award, I would like to say that l disapprove of any one; irrespective of the regard and respect l may have for him or hcr, to speak about any pending matter in Court. A talk, though it may not be directly to favour a particular party, is against the best traditions of judiciary. To hear is to feel embarrassed. Employees and employers are both entitled to patient hearing and impardal decision, more so the employees. The Industrial Court, with its ideal of industrial peace, is nevertheless bound to apply the law, though it may sometimes go against the employees. With the foregoing observations, I would award on each issue as above, but the award will not apply retospectively, except on salary, because I am cognizant of how disruptive to the Association member banks this could be tinancially. In coming to the above decisitms, I have consulted with and taken into copsideration the advice or opinion of both Members of the Court. Dated, delivcred and signed at Nairobi this 25th day of Augusk 2004. C. P. CHEMMUWUT Judge. GAZE'ITE NOTICE NO. 7489 THE PHYSICAL PLANNING ACT (No. 6 of 1996) COMPLETION OF PART DEVELOPMENT PLAN (PDP. No. 5'FA/103/04/01 for Existing Sitefor Yala Sub-District Hojpital) NOTICE is given that the above-mentioned part development plan was 011.29th April, 2004 completed. The part development plan relates to land situated within Yala Township, Si'aya Dis'trict. Copies of the part dcvelopment plan has been deposited for public inspection at the oftice of the District Physical Planning Oftker, Siaya, Clejk. Yala Tewn Council and.D.O.'s oftice, Yala. The copies so deposited are available for inspection free of charge by all persons interested at the office of District Physical Planning Officer, Siaya, Clerk, Yala Town Council and D.O.'s office, Yala, between the hours of 8.00 a.m. to 5.00 p.m. during weekdays. Any interested person who wish to make any representation in connection with or objection to the above-named part development plan may send such representation or objections in writing to be received by the District Physical Planning Officer, P.O. Box 925-40600, Siaya, within sixty (60) days from the date of publication of this notice and such representation or objèction shall state the grounds on which it is made. ' Dated the 18th July. 2006. K. B. NYATWONGI, for Director ofphysical Planning. GAZETI'E NOTICE No. 7490 THE COMPANIES ACT (Cap. 486) IN THE MATTER OF BESTFOODS KENYA LIMITED MEMBERS' VOLUNTARY WINDING-UP NOTICE' is given that a general meeting of the company will be held 'at L.R. No. 209/8887 , Commercipl Street, Industrial Area, Nairobi, on Thursday, 19th October, 2006. at 1 1.09 a.m. for the ' j pukpose of having an account laid before members showing the GAZE'ITE NOTICE NO. 7495 . . manner in which the winding-up bas been conducted and the property Of the company disposed of and giving any explanation thereof. VIMYKUMAR S. PATEL LIMITED . . DlsposAl- oy UxcotiEc'rEo GooosA member entitled to attend and vote is entitled to appoint a proxy . to attend and vote instead of him. A proxy need not also be a member. NorncE is given pursuant to the provision s of the Disposal of Dated tlw lst September, 2006. Uncollected Goods Act (Cap. 38) to the owners of the household goods and personal effects wllich have been lying at Viraj ApartmentsG . J. G. SILCOCK, . d u usembi .ltoad Flats. P,O. Box 76018-00508 , Nairobi, Tel.. anLi tlllidator. 3877:4 .4 to takc delivery and remove the same from their premises . upon payment of storage charges due within fourteen (14) days from GAZE'ITE No-rlcE No. 7491 . the date of publication of this notice. Further notice is given that . . shoùld they nknt pay up, take delivel'y and remove the said goods and THE COMPANIES ACT ' personal effects within the time prescribed , Vijaykumar S. Limited, Lcap. 486) will proceed to sell by public auction or private treaty of the same to ' (efray the costs incurred. CORRIGENDA Dated th e 12th september, 2006. . IN