GAZETTE NOTICE NO. 8410

IN EXERCISE of the powers conferred by section 22 (2) (b) of thç Medical Practitipners and Dentisls Act, the Director of Medical Services declares tlé ingtitutions named in the schedule iereunder to be approved institutions for the purposes of that section. SCHEDULE Coxs'r PROVINCE District Name oflnstitution Kilifi Chasimba Hwalm Centre Dzikunze Dispensm NYANM PROVINC: District ' Name oflutitution- Raclmonyo Rachuonyo District Hospital ' . (oyugis) Bondo Pap Kodero Health Centre Siaya Dienya Hea1th Centre Re> Healtà Censre Bar Sauri Dispensary Homa Bay . Ndhiwa Sub-district Hospitaj Migori Kanmgu Sub-district Hospital CENTRAL PROVINCE Distèict N'a???e ofltutitution Ktrinyaga Kanjilji Dispensary EASTRN PRovmcs District #c- oflnstitution Meru Central Nteljeene Dispenso Chugu Dispensary Dated tàe 23rd Sepyember, 2*5. 1. W. NYIKAI-, Direclor ofMedical skrvfcel. GAZETIE NOTICE N0. 841 l THE PHYSICAL PLANNING AW (N0..6 of 1996) CoMpL=ox OFPARTD/ELOPMENTPLAN PDP No. rFA/I 3mWW%$forA.C.K Churck and Jua Kali ' Msociation tpld Re-planning tp./'#ot7zf Resqn'e) NOTICE is given that preparation of the above-named part 4evelopment plan was on 15th April, 2œ3, compteted. Thç pgrt 4evelopmens plaq relAtes ço land situayçd within Wundanyi Township. 2644 THE KBNYA GAZEWE 14th October, 2005 53463 Plaèer Limited. 93765 Savannah Self Ridges (Supemmrket) Limited. 59137 Sterling Holdings Limited'. 31962 Samraj Holdings Limited. 8758 Tsavo Plantations Limited. Dated the 3rd October, 2005. . s. M. xplsvA, Deputy Regisuar of Companies. complainant. The tw' o stlspects were arrested and they have already been arraigned in Court for the offence of conuption. ' The file was forwacded to the Attorney Genera! on 5th Ju4m 2005. with recommendation to procecd with the prosecution of the suspects The Attorney-General accepted the recommendation to prosecute on 6th September 2005. 3. ClD INQUIRY FI1.zE NO. . 66 OF 2002 Inquiry into alleged fraud in the tender for supply, delivery and . in'stallation of patients' bedside Iockers at Kenyatta Natitmal Hospital. Investigations revea'led that officers of Kenyatta Nationat' Hospital wrongfully charged the contract to the hospitaf's devclopment account whereas the same was supposed to be funded by USAID. This was done without following the laid down procedures for utilising governmtnt funds. As a result, 80% advance was paid to the supplicr together with a tax waiver. There was evidence of abuse of office contrary to section l0l (l) of the Penal Code against a former Director of KNH, the KNH planning Manager 'and the USAID project ' coordinator. Tbere was also evidence of uttering a false document by thc managing director of Countryside Suppliers Ltd. ' The file was forwarded to the Attorney Grneral on 19th July 2005 with recommendation that a former Director oî KNH, thc Planning Manager and the USAID project co-ordinator be charged with the offence of abuse of office. It was also recommènded that the Managing Director of Country Side Suppliers Ltd be eharged with the offence of uttering a false document and obtaining KSh. 4 1,371,515.15 by false pretences. The Attorney-General's action on the recommyndation is awaited. 4. KACC. 141/492/2005 lnquiry into allegations that an employee of the City Council of Nairobi had demanded a sum ot Ksh. 40,000 in order to approve the complainant's building plans. Investigations established that the suspect actually demanded KS/. 35.000. He was arrested and charged with one count of soliciting for a bribe contrary to section 39 (3) (J) of the Anti-corruption and Economic Crimes Act. The t'ile was forwarjled to the Attorney-General on 1st August, ! ' ith recommendation to proceed with the prosecution of the200 , w àuspects. The Attorney-General . acceptcd the recommendation to prosectlte on 5th September, 2005. 5. KACC/INQ. 37N20.09.04 The inquiçy was into an allegation that the former Managing Director of National Cereals and Produce Board occasioned Ioss of KSh. 756,691 by the sale of famine relief maize in April-lune, 2003 without authority from the Government of Kenya. The investigation cstablished that there was no arbitrary conduct on the part of the Managing Director as the Agency Agreement that existed between th'e Govemment and the Baard had already lapsed and consequentlys the duties and rights flowing there from had ceased to exist. The tile was forwarded to the Attorqey-General on lst August, 2005, with recommendation tè close the same. The Attorney General's action on the recommendation is awaited. 6. KACC 141/1 1/2005 ACC. 5/05 Inquiry into allegations that two Public Healtll officers of tfle City Council of Nairobi corruptly solicited. for a gum of KSh. 10.000 from the complainarit in order to forbear the issuanqr of a seizure order of the food products being manufactured by the éomplainant's factory. Investigatièrls established that the suspect indeed demanded and . received KSh. 10,000 from the complainant. They were arrested and charged in court with two counts of corruption contrary to section 39 (3) (c) oêthe Anti-corruption and Economic Crimes Act. The tile was forwarded to the Attorney General on 16th August. 2005, with recommendation to proceed with the prosecution. The Attorney-General's action on the recommendation is awaited. Meanwhile, the case is pelzding before eourt. ' -1' . NAKURU CF 2979/04 CR 760/1308/04 Inquiry into allegations that the OCS Melo Police Station demallded a sum of KS17. 2,000* in ol'del t(A release. the complainant's pay phone (Simu ya iamii). tnvesljgations estabiisiled that the ()CS GAZETI'E NOrrlceNo. 8414 THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT ' (No. 3 6/2003) THE TRIRD QUARTERLY REPORT FOR THE YEAR 2005 COVERING THE PERIOD OF 1sT JULY TO 30TH SENEMBER, 2005 Preamble: The Kenya Anti-corruption Commission is required under section 36 of the Anti-corruption and Economlc Crimes Act to prepare quarterly repora. Section 35 provides that: ( 1) Fgllowing an investigation the Commission. shall report to the Attorney-dtmeral on the results ofthe investigation. (2) The Cominissionss report shall include. any recommendation the Commlssion may have that a person be prosecuted for corruption or economic crime . Section 36 provide's that: ' ( 1) TNe Commission shall prepare quarterly reports setting out the number' of reports made to the Attorney-General under section 35 and such other statistical information relating to those reports, gs the Commission considers appropriate. (2) A qumerly report shall indicate if a recommendation of the Commission to prosecute a perstm for corruption or economic crime was nct acceptcd. (3) The Commission shbll giv'c a copy of each quarterly report to tbe Attorney-General. (4) The Attorney-General shall lay a copy of each quarterly report before the National Assembly. . 5 The Commissiop shall cause each quarterly report to be '( ) published kn the Gazette. . ' This report is therefore made pursuant to section 36 *of the Anti- Corruption and Econoinic Crimes Act. The report covers the third quarter of the year 2005 and is for the period between 1st July, 2005 ang 30th September, 2005. ' INVESTIGATIONS COVERING TllB PERIOD 1ST JULY, 2005 TO 30TH SEPTEMBER, 2005 1. KACC/INQ 26/14.06.04 Inqqiï'y into alleged conuption by Messrs. Agro Irtigation and Purnp Scrvices Limited leading .to cover up of irregularities in VAT assessment. An anonymous report alleged that in November. 2003, VAT bepartment visited the premises of Agro 'Irrigation who allegedly gave the company's auditor Kshz 2.4 million bribe in order to cover up the Company's VAT problems. The investigation did not diycloge any evidence of comlption. . The file was forwarded to the Attomey-fleneral on 5th Julyt 2005 with recommerldation to close the 'same. The Attorney-Gencral accepted recommendation to close file on 12th August, 2005. 2. (:F'. NO. 19/2004 Iaquiry into allegations thaù an employee of the County Council of Kirinyaga and a Counc'illor of tlte same Council had demanded a hribe of KSII. 30.004 ia order to facilitate the return of a section of the complainant's fa:her''s plot to the family. 'Fhe investigation established that the two indeed' demanded tl sum of KSh. 30,000 from the complainant and the 'Councillor receiveb KSh. l 5,000 from the 14th October, 2005 THE KENYA GAZEWE 2645 ànd a Police Constable attached to Molo.police Station demanded the sum of KSh. 2,000. The Consiabie receivdd KSh. l ,000 f rom the complainant and the OCS received KSh. 500. They were arrested apd charged with the offence of corruption. The file was forwarded (o tlie Attorney-General on 16th August, 2005. with recommendatioh to proceed with thG prosecutioit of the suspects. The Attorney-General accepted our recommendation to proàecute tm 28th September. 2005. 8. KACC/INQ. 45(A)/I 2. l l .04 Allegations of misprocurement of thirty fire-yroof cablnets for Kenya Medical Training C. ollege without first ensuring an establishcd need for the c- abinetm The expenditure -was not factored in the College's annual btldget. The investigation established that the Principal of the College and the Supplies officer breached Procurement Regtllations The tlle was forwarded to tht Attorney-General on 16th Augusc 2005. with rccommendation that the former Principal of Kenya Medical Training Colleje be charged witll two counts of abuse of office and ap alternatlve coullt ot misprocurement contrary to Regulation 17 ( I ) and '46) of th8 Exchequer and Audit (Public Procurement) Regulations. 2001 . lt was also recomriended that a Supplies Officer be charged with misprocurement. The Attorney-General's action on the recommendation is awaited. 9. KACC/lNQ/t9.08.03 ' Inqpiry into allegations that the former Directpr of Kcnya Wildlife Service (KWS) gllowed a KWS aircraft to be hired and taken to Ujanda without authority. The invesiigation d not establish any ottence' agallljt (he'KWS Dircctur. ' ' The file was forwarded to the Attorney-General n 1 8tI1 August, 2005, with recommendation that the same be closed. The Attorney General's action on the recommendation is awaited 10. KACC 14 ./79/05 CF 10/05 Inquiry into allegations that a District Ofticel' in'càarge of Mbitini in Makueni District corruptly solicited for KSh. 4.000 from members of Muoni Multi Purpose Co-operative Society, an umbrella body of various sand harvesting groups. Investigations established that the suspect indcett demanded and received the money from the complainant. He was arrested apd charged with two coupts bf corruption. ' The tile was forwarded to fhe Attorney-General 'on 24th August. 2005. wkth recommendation to proceed wlth the prosecution of the suspects'. The Attorney-General's action on the recommendation is awaited, Meanwhile, the case is pending before court. l l . CR 14 1/309/2005 ACC l 2/05 > Inquiry into allegations yhat the Assistant,chief of Katina ward in Kawangware demanded a sl'am of KSh. 500 from the complàinant so as to assist her with the arrest of her assailant. Investigations established the bribe demand and tlle suspect was arrested and charged witll two counts of corruptiqn. ' . '' . . ' . : The file waj forwarded to the Attorney-General on 24th Augnst, 2005, with recommendation to côntinue with the prosecution of the ' suspect. Tlle Attorney-General's action on the recolnmendation is awaited. Meanwhile. the case is pending before court. I 2. KACA/INQ/39A/2000 Inquiry into allegations that the Qirectors of Embakasi Ranching Co. Ltd were in oftice illegally having been last elected in 1992. Iavestigations established that the Directors failed to hold annual general meetings for the years 1996-2004. ' The file-was forwardcd to the ttorney-General on 25th Atlgust. with reçommendation that the Directo of Embakasi Ranching Co. be charged with three copnts of failing to hold .an annual general meeting contrary to section 1 31 ( l ) of the Compalties Act. Action of the Attorney General dn the recomlnendalion is awaited. 1 3. KACC/INQ. 39/-3. 1 l .03 Inquiry lnto allegatiolts that officers of 1he Hollsinj Development l7epartmelti of the City Couacl ' ' gairobi conspired witlz fraudsters to obtain a sum of KSh- 500 ,0t)0 from the complainant plytending they would s'ell Aim a plot in Umqia. 'l'he investigatton did not eslblish any corruption on thc part of the officers of the flity Council. ' ' The file was forwarded to the Attorney-Geneial on 25th August , 2005, with rtcommtndation te gtose the same and the Attornty- General's action on the recommeadation is awaited . l4. KACC/INQ. 35(B)/01 .0j.04 Inquiry into allegations of corruption in the awprd of tender for the supply. installatiop and commissioniag of bpllet resistant glass at the Turkwel Power Station. T-he investigation did Mot establish any colruption. The file was forwaided to the Attorney-General on 26th August, 2005, with recolnmendation to close the same. The Attorneï-General's action on the recommendatioll is awaited. l5. KACC CR 032/2/05; KISUMU ACC 43/05 Inquiry into an allegation that the Chief of God Jope Location demanded a suln of KSh. 5,000 ffom the complainant in order tp assist his cousin in a land dispute. Investigations contirmed the demand and the suspect was arrested and charged in Kisumu with corruption. The file was forwarded to the Attorney-General on 30th August, 2005, with recommendation to continue with the prosecution. The Attorney-General's aition on the recommendation is awaited. Meanwhile, the case is pending before court. l6. KACC 14 1/320/2005*, NAIROBI ACC l 3/05 . Inquiry into.an allegation that an Executive Assistant working with Teachers Service Commission had corruptly solicited for KSh. 20,000 from the complainant so as to assist him get employment with TSC. Investigations established that the suspeèt indeed demanded the money from the complainant, and he was subsequently arrested and charged in court with the offence of corruption. ' The tile was forwarded to the Attorney-General on 30th August, 2005, with recommendation to proceed with the prosecution of the case. The Attorney-General's action on the recommendation is awaited. Meanwhile, the case is pending before court. 1.7. KACC/CR 030/7/2005; KERICHO ACC 7/05 Inquiry into an allegation that a CID oftker based in Litein Police Station had demanded KSh. 15,000 in order to forbear from charging the complainant with the offence of forgery. Investigations confirmed tha! the suspect indeed. demanded and rcceivèd Ksh. 15,000. from the complainant. He was arrested and charged with two counts of corruption. ' The file was forwarded to the Attorney-General on 19th September, 2005, with recommtndation to proceed with' the, prosecution of tlle sus'pect . The Attorney-General's action on tllè recommendation is awaited, Meanwhile, the case is pending before court. 18 KACC/INQ. 44/25.10.04 lnquiry into allegatiops of a false claim for an alnount of KSh. 56 million 6y the proprietor of Metro Laboratories agaillst the Ministry of Waier and Irrigation. The Ministl'y also complaindd about the quality of representation it got from a State Counsel who represented it in a case tsled by Metro Laboratories (HCCC No. 1312 of 2001 ). The matter arose as a'result of a contract entered into between Ministry of Environment and Natural Resources (Predecessor of Ministry of Water ' d Irrigation) anli Metro Laboratories for the supply of aluminiuman . . # Sulphate. The investigation established that the proprietor bf Metro Laboratories used forged documents in' the case against the Ministry. The file was forwarded to ths Attorney-General on 2 lst September, 2005. with recpmiendation that ttte. proprietor of Metro Laboratories be charged With seven counts of forgery contrary to section 345 of the Penal Code and another seven counts of uttel'ing a false document contrary to section 353 of the Penal Code. k a h h ndled the' X'tate defepvce iI,With regard to the State f -ounsel w' () a Milimani HCCC NO. l 3 12 of 200 l , it was noted that be exhibite, a high degree of negligence leading to judgmetlt being entered in fa*zour of the plakittiff irk tNe sum of KSh. 56,489,755. 1( was reeommellded that disciplinary action be tqktn against him. Action on the recommendation ig awaitcd. l9. . Btmuntmtf INQ. No. 4/:4 . GAzsrrsxowIcExo. 8415 Inquiry into allegations that a court clcrk based in Makadara Law Tl'lE BUILDING SOCIETIES ACT courts demanded Ksh. 5,000 from the complainant in order to Lcap. 489) reinstate her lmsband's bond. Officers in BuruBurtt Police Station carried put the initial investigation. The suspect was arrested 'and ' IN THE MArI'ER ()y Tjjs sas'r APRICAN BLJIJ-OING SOCIETY arraigned before Court' with' the offence of corruption. The tile was forwarded to the Attorney-General, who in turn referred the same (o PROPOSED TRANSFER OF BUSINESS AkD ML ASSETS AND LIABILITIES ihe Commission for further evaluation. TO AKIBA BANK LIMITED A review of the tile established that the available evidence was not . . AN application having been made pursu'' ant to section 55A ( l ) of sufficient ttA sustain the offence oî corruption against the Court Clerk. the Building Societie's Act, for the approval of the Minister for Finance It was however recommended that administrative action be takerf by The East African Building Society, incorporated in the Republic of against the ofticer. - Kenya under the Building Societies Act (Kçthe Act'') for the transfer of . . its business including alI its asaets and liabilities to Akiba Bank The file was forwardtd to the Attorney-General on 22nd Limited . incorporatcd in the Republic of Kenya under the Companies. ' September, 2005, and action on the recommendation is awaited. Act .(Cap. 486) and being licensed to carry on the business of an ' institution under The Banking Act (Cap. 488) . and having been%20 . cR KAcc 41 1/151/2005; Acc 12/2t*5. satisfied that the intended transfer fulfils the conditions set out in ' ' ' i 55a (:$) of the Act tlw Minister for Finance has pursuant toInquiry into an allegation that tlw Traffic Base commander. , sect on , Murang,a, sad demanded Ksh. 10,000 in order to releasc thc section 55A (4) of the Act directed Tlle East Afrjcan Buildiqg society complainant's motor vehicle which had been detaincd at Murang-a to publish this notice which- Police Station for a traftk offence. Investigations established that the suspect had demanded KSh.' '10,000 and received KSh. 5,000 from the . complainant. He was arrested and charged with two counts of (a) inform the public of the intended transfer by The East African cornption contrary to section 39 of the Anti-conuption and Economic' Building Society whose registered oftke is at 15th Floor. Crimes Act, 2003. Fedha Towers, Muindi Mbingu Street, Nairobi of its business . . . including. a1l its assets and liabilities to Akiba Bank Limited . Th8 file was forwarded to the Attorney-General on 22nd wlmse registercd office is at 5th Floor, Fedha Towers, Muindi September. ' 2'005, with recomnzendation 'to proceed w'ith the Bikgu street, Nairobi; and ' prosecution of the suspect. Action of the Attorney General ofl the ' . recommendation is awaited.' Meanwhile, the case ls pending before . rnn.t . , (b) înyktes any. interested party wiih objections. to the intended v. . ='*eM'' . transt'er to appear alld make mpresentations to the Minister for i1. KACC 411/1 19/05; EMBU ACCz8/05 Finance at the 14th Floor, Treasury Building . Harambee . Avenue, within a pefiod of seven (7) days from the date ofI nquiry into an allegation that the Tharaka District Auditor and . . publication of this notice. . Accountant respectivcly, demanded KSh. 60.000 from the complainant in order to delete some aspects of a draft audk repprt, which allegedly ' implicated the 'complainant in acts of impropriety. Investigations . . oated the 12th October , 2005. esoblished that the suspècts indeed demanded the said sum from the . oxtav &. rqscgs, complainant. The two suspects were arrested and arraigned before Advocatejyor z'ze East Apican pl///kwrl: society. court with an offence of soliciting for KSh. 60,000 . Tlle file was forwarded to the Attorney-General on 22nd September, 2005 with recommendation that proseqution should proceed against Tharaka District Auditor and Accountant respectively. Action on the recommendation is awaited. Meanwhile, the case ls pending before Court ' STATISTICAL SUMMARY OF FILES FORWARPED TO THE ' AWORNEY-GENERM, Toul No. ortues forwarded to tlw 'utornef-Genelal . 21 GlzsrrsNoancsxo. 8416 No. of liles recommended for prosecution 15 ' CEMTRO ENTERPRISES No. of t'iles recommended for administrative or other 1 b gslhlEss TRANSFER action NOTICE is given under the Transfer of Businesses Act (Cap. 500)N o. of tiles recommended for closure 5 . of the laws of Kenya that the business canied on by Heiko Mohnberg No. oi tiles where recommendatiön to prostcute accepted 3 ' ' ' under the namc and style of Cemtro Enterpfises at plot No. 537, Diani . . . , Road, Diani Ilas from 17th Iune, 2005, ilcèil sold and transferred to No. of tiles where recommendation for administrative or 0 Brian Ralph Hill , who will carry on the said business under the same other action accepted name and style from the same premises. No. of files where yecommendation for closure accepted 1 ' - - 'Ihe address of the transferor is P.O. Box 5125, Diani. No. of tiles where recommendation to prosecute not 0 . accepted The addregs 'of the transferee is 1 1. Padgbury Lane, Congleton . - '' ChesNire CW 12 4IP. United Kingdom. No. of files where rccommendatiol) for administratike or 0 ther adion not accepte,d A1l liabilities dMe and pwing by le transferor iu respect of the saido . - -- business uy to 17th- June, 2005, shall be paid by the transferor. The No. of tiles wh. ere closure not accepted . 0 transferec ls not assuminê nor is he Intended to assume any liabilitics - . ' ' - '- whatsoevcr inculred by the transferor in the said business up to the No. of tiles awaiting Attorney Genefal's action 1 7 jajj June , 2005. ' . Dated the 30th September, 2005. Dated the 4t11 October, 2005. JUSTICE A. G. RINGERA, DALY & FIGGISV Director/chief Faxeclff/vc Advocutes for #le Transferee und FfmJ/crfpr. 14th October, 2005 THE KENYA GAZEWE 2647