GAZETTE NOTICE NO. 7255

IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Uhuru Kenyatta, President and Commander- in-Chief of the Kenya Defence Forces re-appoint- JOASH WAMANG'OLI to be the Chairperson of the Board of Nzoia Sugar Company Limited, for a period of three (3) years, with effect from the 19th July, 2018. Dated the 19th July, 2018. UHURU KENYATFA, President. GAZETrE NOTICE No.7256 THE MICRO AND SMALL ENTERPRISES ACT (No.55 of 2012) RE-APPOINTMENT IN EXERCISE of the powers conferred by section 30 (1) (a) of the Micro and Small Enterprises Act, 2012, I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces re-appoint- CHARLES WAIThAKA to be the Chairman of the Micro and Small Enterprises Authority, for a period of three (3) years, with effect from the 19th July, 2018. Dated the 19th July, 2018. UHURUKENYATFA, President. GAZETrE NOTICE No.7257 THE INSURANCE ACT (Cap. 487) RE-APPOINTMENT IN EXERCISE of the powers conferred by section 179 (4) (a) of the Insurance Act, the Cabinet Secretary for the National Treasury re- appoint— FAISALABBAS to be the Chairperson of the Board of Policy Holders Compensation Fund, for a period of three (3) years, with effect from thel9th July, 2018. Dated the 19th July, 2018. HENRY ROTICH, Cabinet Secretary for the National Treasury. 20th July, 2018 THE KENYA GAZETTE 2297 GAZETFE NOTICE NO. 7258 THE FILM AND STAGE PLAYS ACT (Cap. 222) RE-APPOINTMENT IN EXERCISE of the powers conferred by section 1 1A (a) of the Film and Stage Plays Act, the Cabinet Secretary for Sports and Heritage re-appoints- BISHOP JACKSON KOSGEI to be the Chairperson of the Kenya Film Classification Board, for a period of three (3) years, with effect from 19th July, 2018. Dated the 19th July, 2018. RASHID ECHESA MOHAMMED, Cabinet Secretary for Sports and Heritage. GAZETFE NOTICE No. 7259 THE STATE CORPORATIONS ACT (Cap. 446) THE KENYA SPACE AGENCY ORDER (L.N. 22 of 2017) APPOINTMENT IN EXERCISE of the powers conferred by Paragraph 6 (1) (i) of the Kenya Space Agency Order, 2017, the Cabinet Secretary for Defence appoints - Doris Nyakondo Mutta (Dr.) Mucemi Kanyugo Gakuru (Dr.) Philip Ndolo Nyakwaka to be members of the Kenya Space Agency, for period of three (3) years, with effect from the 16th July, 2018. Dated the 16th July, 2018. RAYCHELLE AWUOR OMAMO, Cabinet Secretary for Defence GAZETFE NOTICE NO. 7260 THE COMMUNITY SERVICE ORDER ACT (No. 10 of .1998) RE-APPOINTMENT IN EXERCISE of the powers conferred by Section 10 (1) of the Community Service Orders Act, the Chief Justice reappoints-. EVANS MAKORI (HoN.) to be the National Community Service Orders Co-ordinator, for a term of three (3) years, with effect from the 1st June, 2018. Dated the 12th June, 2018. DAVID K. MARAGA, Chief Justice and President of the Supreme Court of Kenya. GAZETFE NOTICE No. 7261 SUPREME COURT OF KENYA EASTER VACATION, 2018 PURSUANT to Article 163 (1) (a) of the Constitution of Kenya and section 6 of the Supreme Court Act, 2011 and Rules 4 (c), 5 and 7C of the Supreme Court Rules, 2012, the Chief Justice gives notice as follows: The August Vacation of the Supreme Court shall commence on Wednesday, 1st August, 2018 and terminate on Friday, 14th September, 2018 both days inclusive. A Judge will be available during the vacation to deal with matters that are urgent or require prompt attention. During this period, the Supreme Court registry shall be open to the public from 9.00 a.m to 12 p.m. on all weekdays other than public holidays. Dated the 6th July, 2018. D. K. MARAGA, Chief Justice and President of the Supreme Court of Kenya. GAZETFE NOTICE No. 7262 GAZETFE NOTICE NO. 10263 OF 9TH DECEMBER, 2016 AS AMENDED BY THE ORDER OF THE COURT IN CONSTITUTION PETITION NO. 534 OF 2016 PRACTICE DIRECTIONS FOR THE ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION OF THE HIGH COURT IN EXERCISE of the powers under section 5 of the Judicial Service Act, No. 1 of 2011, and section 16 of the High Court (Organisation and Administration) Act, No. 27 of 2015, it is notified for the information of the general public that in the interest of the effective case management and expeditious disposal of cases in the Anti-corruption and Economic Crimes Division of the High Court, the Chief Justice makes the following Practice Directions: Application 1. These Directions shall apply to Anti-corruption and Economic Crimes Division, established in the High Court of Kenya. 2. All new cases relating to corruption and economic crimes shall be filed in the Principal Registry of the Division at Nairobi for hearing and determination. 3. The Chief Justice may establish additional Sub-registries outside Nairobi. The Overriding Objective of Proceedings in the Anti-corruption and Economic Crimes Division of the High Court. 4. In the exercise of its authority and jurisdiction, the Anti- Corruption and Economic Crimes Division of the High Court shall at all stages of any hearing be guided by Article 159 of the Constitution, sections 1A and lB of the Civil Procedure Act and Section 4 (4) of the Anti-Corruption and Economic Crimes Act (Cap. 65 Laws of Kenya) •so as to facilitate the- just; expeditious; proportionate; and accessible adjudication of all disputes related to corruption and and economic crimes. 5. For the purpose of furthering the overriding objective, the court shall handle all matters presented before it to achieve the- just determination of the proceedings; efficient use of the available administrative resources; timely disposal of proceedings at a cost affordable by the respective parties; and use of appropriate technology. Scope of Mandate 6. The following matters shall be heard by the Anti-corruption and Economic Crimes Division of the High Court: petitions and Judicial Review applications on claims of infringement or the threatened infringement of constitutional rights relating to corruption and/or economic crimes related matters; all proceedings relating to corruption and economic crimes over which the Magistrates' Anti-Corruption Court has no jurisdiction; all criminal reviews, revisions, appeals and any other applications arising from decisions of the special Magistrates appointed under section 3 of the Anti- Corruption and Economic Crimes Act, 2003; cases relating to corruption and economic crimes filed under the following Acts: (i) Anti-Corruption and Economic Crimes Act, Cap. 65, Proceeds of Crime and Anti-Money Laundering Act, Cap. 59B, Anti-Counterfeit Act, Cap. 130A, Leadership and Integrity Act,Cap. 182, Public Procurement and Asset Disposal Act, No. 33 of 2015, Public Officers Ethics Act, Cap. 183, Public Finance Management Act, No. 18 of 2012, Extradition (Contiguous and Foreign Countries) Act, Cap. 76, Extradition (Commonwealth Countries) Act, Cap. 77, Prevention of Organized Crimes, Cap. 59, Mutual Legal Assistance Act, Cap. 75A, Regional and International Treaties and Conventions on Anti-Corruption. and Or filed under any other enabling provisions of law. (e) Disputes touching on or related to- offences or the recovery, or protection of public property, or the tracing of, freezing of. or confiscation of proceeds of corruption or related to corruption and money laundering, and the payment of compensation of proceeds of corruption and economic crimes. 7. All part-heard cases related to corruption and economic crimes pending before other Stations or Divisions of the High Court shall continue to be heard and determined by the aforementioned stations or divisions. 8. All cases relating to corruption and economic crimes which have been filed before other Stations or Divisions of the High Court, in which hearing has not commenced, shall be transferred to the Anti- Corruption and Economic Crimes Division. 9. Subordinate Courts shall continue to hear and determine all civil and criminal cases relating to corruption and economic crimes in which they have the requisite jurisdiction. 10. (a) Where a matter has been wrongly filed at the Anti- Corruption and Economic Crimes Registry, it shall be transferred to the appropriate court. The Court on its own motion or upon application by either of the parties shall have the discretion to order for the transfer of such matters. (b) The Court shall determine who pays the costs incidental to the transfer. Filing of Pleadings, Witness Statements and Documents in Civil Proceedings 11. Subject to any special practice and procedure of Court provided for in other rules, parties are enjoined to comply with the requirements, time limits and deadlines when filing pleadings, witness statements and documents as set out under the Civil Procedure Rules 2010 in particular- (a) appropriate pleadings and relevant forms must be tiled in respect of all cases. These shall include the summons to enter appearance, list and bundles of documents and witness statements signed by witnesses; (6) summons to enter appearance shall be signed by the Deputy Registrar and released back to the parties expeditiously; (c) witness statements shall contain sufficient details, unless the Court orders otherwise so that: witnesses shall adopt their statements as evidence- in-chief; and thereafter only minimal highlighting (if any) and production of documents may be required before the witness is cross examined; (d) in cases where documents are sought to be produced and relied on, the bundle of documents shall be chronologically arranged and sequentially paginated. 12. When filing any documents, parties must ensure the correct citation of the case, the date the case is fixed for hearing (if a date has already been fixed) and the correct names of the parties are given to facilitate easy retrieval of the Court file and appropriate filing. 13. All pleadings filed in Court shall contain the postal address(es), the e-mail address(es) and mobile telephone number(s) of either- the firm of advocates on record; or the individual advocate handling the matter; or Where the parties are not represented by an advocate, the postal, e-mail and telephone contacts of the individual litigant. The said postal, e-mail address(es) and mobile telephone number(s) shall be appended at the end of each pleading/documents/submissions at the "Drawn and Filed By" section. Certificates of Urgency and Mentions 14. In all matters brought under certificate of urgency: the urgency must be self-evident in the certificate or the grounds; the Judge shall have discretion to grant interim orders and/or give directions in Chambers on the basis of the pleadings and documents in support; and in order to facilitate expeditious extraction of Orders relating to urgent applications, the applying advocate/party may prepare draft orders in soft copies when coming to court. The court will approve the draft with or without amendments and have a fair one executed and sealed after grant of the orders sought. 15. All urgent applications shall be fast tracked, heard and determined within sixty (60) days. All other applications shall be heard and determined within ninety (90) days. Provided that for good reason the Court shall have the discretion to extend the time allocated. 16. For proper time management, mentions will be kept to the minimum and limited to very deserving cases. 17. Where a party seeks to mention a matter before a Judge/Deputy Registrar, a letter shall be written to the Deputy Registrar clearly setting out the reasons for the mention, and the Deputy Registrar shall exercise his/her discretion as to whether or not to grant the mention or give other appropriate directions. Pre-Trial Directions 18. After the close of pleadings, there shall be compliance with Order 11 of the Civil Procedure Rules, 2010, with necessary modifications, regarding Pre-Trial Directions and conferences. 19. Once pre-trial directions are issued by a Judge, every party shall be bound by them. Conduct of Hearings 20. It shall be the responsibility of the parties to ensure, three days or so before the hearing of an application or a full hearing, that all documents are properly filed and that proper service has been effected. in order to expedite trial: parties shall be encouraged to proceed by way of written submissions in regard to all interlocutory applications, and parties shall file written submissions that summarize their arguments. In all cases, submissions shall be paginated. Hard copies of all cited cases must accompany the submissions. 21. At the full trial, parties shall restrict themselves to the narrowed down issues for determination as directed by the Judge during the pre-trial conference. 22. To enable a Judge expedite delivery of rulings and judgments, parties are encouraged to- send to the court and the other parties in the suit, soft copies of their pleadings, affidavits and submissions and list of authorities, using the court email address furnished for the purpose; and in all such cases, the case number, the names of parties and the Judge dealing with the matter must be stated. 23. Before commencing proceedings, the court will expect the parties to have explored and considered Alternative Dispute Resolution (ADR) to assist with settlement. 24. Where parties at any stage compromise a matter or intimate a settlement outside court, they shall file a consent signed by all parties 20th July, 2018 THE KENYA GAZETTE 2299 involved in the settlement. If no settlement is reached, the matter shall be set down for hearing. In all cases, the filed consent shall require the approval and adoption by the court. 25. Non-compliance with the relevant Civil Procedure Rules, Orders andlor directions issued by the court may attract sanctions. Determination of Sanctions 26. The court may decide that there has been a failure of compliance when a party has- not provided sufficient information to enable the objectives in paragraph 2 to be met; or not acted within the time limit set out in the relevant statute, or within a reasonable period; or where required by law, unreasonably refused to use ADR, or failed to respond to an invitation to do so. 27. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include- an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; costs here include Court adjournment fees; an order depriving a successful party of interest on that sum for a specified period andlor awarding interest at a lower rate than would otherwise have been awarded; and an order awarding interest at a higher rate, on a sum found due for a specific period, but not exceeding 10% above the rate which would otherwise have been awarded. Cause Lists 28. The cause list shall be prepared by the Deputy Registrar weekly in advance and posted on the internet by 1.00 pm every Friday. Additions may be made by way of a supplementary cause list. There will however be a cause list generated for each day denoting what cases are before which Judge or Deputy Registrar. Miscellaneous 29. These Directions supersede the directions in