GAZETTE NOTICE NO. 4918

IN EXERCISE of the powers conferred by section 5 (1) of the Magistrate's Courts Act, the Chief Justice, increases the limit of jurisdiction of—. LUCY M. WACHIRA Senior Resident Magistrate to Kenya Shillings Eight Hundred Thousand (KSh. 800,000) only, with effect from 1st June, 2008. Dated the 30th May, 2008. J. E GICHERU, Chief Justice. GAZETTE NOTICE. No. 4920 THE MAGISTRATE'S COURTS ACT (Cap. 10) INCREASE OF LIMIT OF JURISDICTION IN EXERCISE of the powers conferred by section 5 (1) of the Magistrate's Courts Act, the Chief Justice, increases the limit of jurisdiction of- LILIAN MUTENDE Acting Senior Principal Magistrate to Kenya Shillings two million shillings (KSh. 2,000,000) only, with effect from 1st June, 2008. Dated the 29th May, 2008. J. E. GICHERU, Chief Justice. GAZhIlh NOTICE. No. 4921 THE CHILDREN ACT (No. 8 of 2001) APPOINTMENT IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001. the Chief Justice appoints- LIZA LYNNE WAIRIMU GICHEHA Senior Resident Magistrate, to preside over cases involving children in respect of Thika and the whole of Central Province, with effect from 1st June, 2008. Dated the 30th May, 2008. J. E. GICHERU, Chief Justice. GAZETTE NOTICE. No. 4922 THE CHILDREN ACT (No. 8 of 2001) APPOINTMENT IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chief Justice appoints— DONALD ODHIAMBO RABALA IN EXERCISE of the powers conferred by section 3 (2) of the Housing Act, the Minister for Housing appoints— Resident Magistrate to preside over cases involving children in respect of Kericho and the whole of Rift Valley Province, with effect from 1st June, 2008. Dated the 3rd June, 2008. J. E. GICHERU, Chief Justice. GAzErrE NOTICE No. 4923 THE COMMISSIONS OF INQUIRY ACT (Cap. 102) COMMISSION OF INQUIRY RULES AND PROCEDURE THIS Commission of Inquiry has been convened pursuant to its appointment to inquire into post election violence experienced in Kenya after the General Elections held on 27th December, 2007, as stated in Kenya Gazette Notice Nos. 4473 and 4474 of 2008. The Commission makes the following rules for the conduct and `management of the proceedings of the inquiry under section 9 of the Commissions of Inquiry Act (Cap. 102). General: (a) The Commission shall be known as the Commission of Inquiry into the Post Election Violence (hereinafter referred to as "the Commission"). (b) Subject to section 9 of the said Act, the Commission shall conduct its business through- (i)meetings of the Commission; (ii)review of documents including official reports of any previous investigations relating to the subject of the inquiry and investigation reports by any institutions or organizations; (iii)receipt and consideration of oral and written submissions by individuals, political parties, public and private organizations, media, civil society, observers and any other parties or persons in public meetings or otherwise; (iv)investigations; (v)hearings in Nairobi and in such other places as the Commission shall determine; (vi)hearings in camera; (vii)research and analysis into relevant aspects relating to the subject of the inquiry; (viii)any other means of gathering information; and (ix)compilation of a report with recommendations for further action. (c) The Counsel Assisting the Commission shall assist the Commission in the inquiry by investigating and reporting information to the Commission and by fonnally presenting evidence and/or arguments to the Commission at hearings by leading the evidence or cross-examining witnesses before the Commission. (d) The Commission shall appoint such other staff as it shall deem fit for the discharge of its mandate. (e) The Commission shall meet as often as may be necessary for the dispatch of its business within a period not exceeding three months. (I) Meetings of the Commission shall be held on such date and at such time and place as the Commission shall decide. (g)Unless otherwise provided by or under any law, all instruments made by and decisions of the Commission shall be signified under the hand of the Chairman and/or the Secretary. (h)The Commission may direct that the public shall not be admitted to all or to any specified part of the proceedings of the inquiry. (i)The Commission shall cause minutes of all proceedings of meetings of the Commission to be kept in a book for that purpose. (j)Except as provided by the Act, the Commission shall regulate its own proceedings. Hearings: (k)Save as may otherwise be determined by the Commission, meetings of the Commission for the purposes of conducting hearings shall take place between 9.00 a.m and 3.00 p.m. from Monday to Friday. (1) Subject to the Commissions of Inquiry Act, the conduct of and procedure to be followed at the hearing shall be under the control and direction of the Commission. (m)Hearings shall be held in public, but the Commission may exclude any person or class of persons from all or any part of the proceedings of the inquiry if satisfied that it is desirable to do so- (i)for the preservation of order at the proceedings; or (ii)for the due conduct of the inquiry; or (iii)for the protection of the person, property or reputation of any witness in the inquiry or any person referred to in the course of the proceedings thereof. (n) The Commission may, if satisfied that it is "desirable for any of the purposes mentioned above, order that no person shall publish the name, address or photograph of any such witness or person or any evidence or photograph identifying such witness or person. (o) Any person who is in any way implicated or involved in any matter under inquiry shall be entitled — (i)before being called as a witness to be informed of any allegations which are made against him and the substance of the evidence in support of such allegations; (ii)to an adequate opportunity to prepare his own defence; (iii)to be legally represented at the inquiry at his own expense; (iv)to have his evidence led by his legal representative; (v)to cross-examine or have his legal representative test by cross-examination the evidence of any witness who implicates him. (p) The Commission may call for any further evidence on any point relating to any matter before it and may recall any witness for further examination. (q) The Commission may summon any person or persons to testify on oath and may call for the 'production of books, plans, materials and documents that the Commissioners may require. (r) All government entities, agencies and officials and all witnesses shall co-operate fully with the Commission and shall make available all documents and witnesses relevant to the mandate of the Commission. (s) Witnesses who testify will give their evidence at a hearing under oath or upon affirmation unless otherwise ordered by the Commission in its discretion. (t) The Commission may issue or serve a hearing notice or summons upon each witness before he testifies and witnesses may be called more than once. (u) A person may be granted full or partial standing as a party by the Commission if the Commission is satisfied that the person is directly and substantially affected by the subject matter of the hearing. (v) A person may be granted standing as an intervenor by the Commission if the Commission is satisfied that the person represents clearly ascertainable interests and perspectives essential to the Commission's mandate, which the Commission considers ought to be separately represented at the hearing, in 13th June, 2008 THE KENYA GAZETTE 1441 which event the intervenor may participate in a manner to be determined by the Commission. (w) Any person wishing to be granted standing must apply in writing and include the following information — (i)name, address, telephone and fax numbers, and e-mail addresses (if any) of the person; (ii)whether the person seeks standing as a party or as an intervenor for all or a portion of the mandate of the hearing; (iii)the basis for the application; (iv)the names of the lawyer (if any) representing the person, together with the lawyer's address, telephone number, e- mail address (if any) and fax number. (x) The Commission will determine any special conditions under which a person may participate and those parts of the hearing in which a person granted a standing may participate. (y) The Commission may direct that a number of applications share in a single grant for standing. (z) Parties and intervenors shall advise the Commission of the names, addresses and telephone numbers of all witnesses they wish to have called and to provide summaries of the information the witnesses have. (aa) The Commission may receive any evidence or information which it considers to be helpful in fulfilling its mandate whether or not such evidence or information would be admissible in a court of law. (bb) In the ordinary course of its proceedings, the Commission shall call and cause to be questioned witnesses who testify at the hearing. Counsel for a party may apply to the Commission to lead a particular witness' evidence in chief. If counsel is granted the right to do so, examination shall be confined to the normal rules governing the examination of one's own witness in court proceedings, unless otherwise directed by the Commission. (cc) Parties may be afforded an opportunity to cross-examine the witness to the extent of their interests. The order of cross-examinatron will be determined by the Commission. (dd) After cross-examination, counsel for a witness may then re- examine the witness.' (ee) The Commission may 'refuse to call any witness if it is satisfied that the evidence of such a witness is of insufficient relevance to the Commission's mandate. GAzErrE NOTICE. No. 4924 THE BANKING ACT (Cap. 488) APPOINTMENT IN EXERCISE of the powers conferred by section 34 (2) (a) of the Banking Act, the Central Bank of Kenya appoints— RUTH WANJIRU NGURE to be the statutory manager of Charterhouse Bank limited, for a period not exceeding twelve (12) months, with effect from 5th June, 2008, and in this regard she shall assume the management and control of the said institution. The appointment• of Rose Dedio, is revoked. Dated the 10th June, 2008. NJUGUNA NDUNG'U, Governor, Central Bank of Kenya. *G.N. 4936/2006. GAZETTE NaricE. No. 4925 THE BANKING ACT (Cap. 488) ACQUISITION OF ASSETS AND ASSUMPTION OF LIABILITIES OF CFC BANK LIMITED BY STANBIC BANK KENYA LIMITED PURSUANT to the provisions of section 9 (1) and (5) of the Banking Act, it is notified for public information that— (a)the shareholders of CFC Bank Limited vide a resolution passed on 12th November, 2007, approved the sale and transfer of the assets and liabilities of CFC Bank Limited to Stanbic Bank Kenya Limited, pursuant to the sale and purchase agreement dated the 22nd June, 2007. (b)the shareholders of Stanbic Bank Kenya Limited vide a resolution passed on 12th November, 2007, approved the purchase of the assets and the assumption of the liabilities of CFC Bank Limited, pursuant to the sale and purchase agreement dated the 22nd June, 2007; and (c)the Minister for Finance has approved the sale and purchase of the assets and the transfer and assumption of the liabilities of CFC Bank limited to Stanbic Bank Kenya limited, whereupon such sale, purchase and transfer took effect at midnight, the 31st May, 2008. (O9 The Commission shall deal with a breach of these rules as it deems fit including, but not restricted to, revoking the standing of a party, and imposing restrictions on the further participation in or attendance at (including exclusion from) the hearings by any party, intervenor, counsel, individual or member of the media. Dated the 10th June, 2008. NJUGUNA NDUNG'U, Governor, Central Bank of Kenya. •G.N. 4936/2006. (gg) Upon completion of the report of the Commission it shall be transmitted under the hand of the Chairman of the Commission to the President of the Republic of Kenya and the Panel of Eminent African Personalities without undue delay and at any rate not more than two (2) days after such completion. (hh) The Commission will on transmittal of its report seek the mandate of the President of the Republic of Kenya and the Chairman of the Panel of Eminent African Personalities to deposit all its preparatory materials with the Kenya National Archives. (ii) The CommisSion may, at any time, amend these rules and procedure. Dated the 10th June, 2008. JUSTICE PHILIP WAKI, Chairman of the Commission of inquiry.