GAZETTE NOTICE NO. 149

NOTICE is given that the following applicant has, pursuant to the provisions of the Kenya Information and Communications Act (Cap 411 A), made application to the Communications Authority of Kenya for the grant of the licence as below: Applicant Station Identity Licence Category Slopes Media House Iganjo FM Commercial FM Radio Limited, P.O. Box 50225- 00100, Nairobi. The licence, if granted, will enable the applicant to operate and provide the service as indicated above. The grant of the licence may affect public and local authorities, companies, persons or bodies of persons within the country.The Authority wishes to notify the general public that any legal or natural person, or group of individuals, who are desirous of making any representation and/or any objection to the said application, to do so vide a letter addressed to; The Director- General, Communications Authority of Kenya, CA Centre, Waiyaki Way, P.O. Box 14448-00800, Nairobi, indicating the Licence Category on the cover enclosing it. The said representation and/or objection must be.filed on or before expiry of thirty (30) days from the date of this notice and a copy of the same be forwarded to the applicant Dated the 19th December, 2018. FRANCIS W. WANGUSI, PTG 0001849/18-19 Director-General. GAZETFE NOTICE No. 150 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (No. 17of2012) THE TAITA TAVETA COUNTY ASSEMBLY STANDING ORDERS SPECIAL SirriNo OF THE COUNTY ASSEMBLY PURSUANT to Standing Order No. 27(1 )-(4) of the Taita Tayeta County Assembly Standing Orders it is notified for the information of Members of the County Assembly. of Taita Taveta and the general Public that there shall be a special sitting of the County Assembly to be held on Tuesday, 8th January, 2019 at the County. Assembly Chamber, Wundanyi at 9:30 a.m. for the Morning Session and 2.30 p.m. for the Afternoon Session The business to be transacted shall be the- Tabling and Approval of the Committeereport on the appointment of the Clerk to the County Assembly. Dated the 3rd January, 2019. M. M. MAGANGA, MR/58 15372 Speaker., County Assembly of Taita Taveta. GAZETFE NOTICE NO. 151 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (No. 17of2012) THE NYERI COUNTY ASSEMBLY STANDING ORDERS SPECIAL SITrING OF THE COUNTY ASSEMBLY PURSUANT to Standing Order 27 (3) of the Nyeri County Assembly Standing Orders, it is notified for the information of the Members of the County Assembly of Nyeri and the general public that on the request of the Majority Leader and the Minority Leader there shall be held four special sittings on the following dates and time: Monday, 14th January, 2019 at 9:30 am., Tuesday, 15th January, 2019 at 11.00 am, and 2.30 p.m. and Thursday, 17th January, 2019 at 2.30 p.m. in the County Assembly Chamber, Ruring'u. The business to be transacted at the Special Sittings shall be the tabling of the Nyeri County Supplementary Budget estimates, 2019. Dated the 8th January, 2019. JOHN KAG.UCHIA, MR/5815336 Speaker, County Assembly of Nyeri. GAZETrE NOTICE No. 152 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (No.17 of 2012) COUNTY ASSEMBLY OF KIRINYAGA STANDING ORDERS SPECIAL SITrING OF THE COUNTY ASSEMBLY NOTICE is given to all Members of the County Assembly of Kirinyaga that pursuant to Standing Order 26 of the County Assembly Standing Orders, on the request of the Leader ot Majority Party, I have appointed Thursday, 17th January, 2019 at 2.00 p.m. and at 2.30 p.m. as a day for special sittings of the County Assembly. The business to be transacted at the special sittings shall be the consideration of a motion on the status of bursaries in the County by the Chairperson of the Committee on Education. The special sittings shall be held in the County Assembly Chambers, Kerugoya. In accordance with Standing Order 26 (3) of the County Assembly of Kirinyaga Standing Orders, the business specified in this notice shall be the only business before the County Assembly during the special sittings. Dated the 7th January, 2019. D.G.WACHIRA, MR/S 815302 Speaker of the County Assembly of Kirinyaga. GAZETrE NOTICE No. 153 THE CONSTITUTION OF KENYA THE COUNTY GOVERNMENTS ACT (No. 17 of2012) THE NANDI COUNTY ASSEMBLY STANDING ORDERS SPECIAL SITrING OF THE COUNTY ASSEMBLY NOTICE is given to all Members of County Assembly of Nandi and the general public that pursuant to Standing Order 30 of the Nandi County Assembly Standing Orders, there shall be a special sittiltg of the County Assembly at the Assembly Chambers, Kapsabet Town on 15th January, 2019 at 9.30 am. The business to be transacted shall be: I. Considering and adopting the Budget and Appropriation Committee Report on Supplementary Budget Estimates for the Financial Year 2018-2019 Nandi County Supplementary Appropriation Bill, 2018 (1st Reading) Nandi County Supplementary Appropriation Bill, 2018 (2nd Reading) Nandi County Supplementary Appropriation Bill, 2Q18 (Committee of the Whole House) Nandi County Supplementary Appropriation Bill, 2018 (3rd Readin) Dated the 7th January, 2019. J.KIPTOO, MR/58 15363 Speaker, County Assembly of Nandi. GAZETITE NOTICE No. 154 THE PUBLIC OFFICER ETHICS ACT (No. 4 of 2003) IN EXERCISE of the powers conferred by section 33 (1) of the Public Officer Ethics Act, 2003, the Kisumu County Public Service Board establishes the following administrative Procedures: THE KISUMU COUNTY PUBLIC SERVICE BOARD PROCEDURES FOR ADMINISTRATION OF PART IV OF THE ACT PART I—PRELIMINARY l.Citation These Procedures may be cited as the Kisumu County Public Service Board Procedures for Administration of Part IV of the Act. 2. Interpretation In these Procedures, unless the context otherwise requires: "Act" means the Public Officer Ethics Act, 2003 "Board" means the Kisumu'County Public Service Board "Commission" means the Ethics and Aiti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act, No. 22 of 2011 "Declaration form" means the forn set out in the Schedule to the Act in accordance with section 26 (2) of the Act "Designated Officer" means an employee of the Board assigned to administer the Procedures or any part thereof in accordance with clause 4 (2) of these Procedures; "Employee" means an employee of the Board; "Final Declaration" means a declaration made in accordance with section 27 (5) of the Act "Initial Declaration" means a declaration made in accordance with section 27 (3) of the Act "Public Officer" has the meaning assigned to it under Article 260 of the Constitution of Kenya, 2010; 11th January, 2019 THE KENYA GAZETTE 35 "Regulations" means the Regulations made under section 42 of the Act; "Secretary" means a person appointed as Secretary to the County Public Service Board in accordance with section 58 (c) of the County Government Act, 2012. "Two-year Declaration" means a declaration made in accordance with section 26(1) of the Act; 3.Scope of Application These Procedures shall apply to the administration of Part IV of, the Act with respect to employees of the Board. PART 11—PROCEDURE IN RELATION TO DECLARATIONS 4. Administration of the Procedures The Secretary shall administer these Procedures on behalf of the Board; The Secretary may designate officer(s) from among the employees of the Board to administer the Procedures or any part thereof in respect to any specified category of employeesof the Board; The designation under sub-paragraph (2) shall be in writing and shall outline the specific tasks to be performed by the Designated Officer and the manner in which they shall be performed. 5. Procedure in Submitting Declarations (1) An employee shall submit a declaratjon in the Form set Out in the Schedule to th& Act. (2) The Board may use such measures as may be appropriate to facilitate an employee to acquire the form referred to in sub-paragraph M. (3) The Board may publish the declaration form in a. format that may permit the declaration form: to be rendered in digital format; or to be downloaded from a website and printed Out in paper format. (4) Where an employee is required to make an initial, two–year or final declaration, the Secretary or Designated Officer may issue a notification to the employee not less than thirty (30) days before the due date for the declaration. (5) For avoidance of doubt, failure to provide a declaration form or to issue a notification under this paragraph hall not be construed as a waiver of the responsibility of the employee to submit a declaration under the Act. 6. Completion and Submission of Declarations (1) An employee shall complete and submit the declaration form to the Secretary. 7. Register of Declarations (1) The Board shall maintain a register containing details of each employee who is required to make a declaration in accordance with the Act. The register shall include- Name; personal number; designation; directorate; department or unit; Date the employee submitted the declaration form; type of declaration (initial, tow-year or final); Name and signature of the designated officer acknowledging receipt of the declaration; Total number of employees who have submitted declarations a s at the due date; Total number of employees required to submit declarations; and Any remarks relating to the declarations. (2) A register under this part may be maintained in separate documents. 8. Reports on Compliance 1. The Board shall submit to the Commission a report containing the following information: (a) In relation to two-year declaration- The number of employees on the payroll as at 31st October of the year of declaration; A certified copy of the register maintained in accordance with paragraph 6; The total number of employees who have complied with the requirement for declarations; The total number of emloyees who have not complied with the requirement for declarations; Action taken by the Board in relation to any employee who has not complied; Any relevant remarks on the submissions. (b) In relation to the initial and final declaration; Number of employees required to make a declaration; The number of employees who have complied with the requirement for declaration; Number of employees who have not complied with the requirement for declarations; Action taken in relation to any employee who has not complied; Any relevant remarks on the submissions. 2. The report under this part shall; In relation to a two-year declaration, be submitted to the Commission, not later than 31st July, of the year following the declaration; In relation to initial and final declarations, be submitted to the Commission not later than 31st July following the end of the financial year within which the declarations were made. PART 111—PROCEDURE IN RELATION TO CLARIFICATIONS 9. Requests for Clarification (1) The Secretary or the Designated Officer shall review each declaration to ascertain if any of the following conditions exist - on the face of the declaration, or in light of any other Information the Board may have, there is reason to suspect the declaration may be false or incomplete; the assets of the declarant appear disproportionate to his or her known income; the income, assets or liabilities of the declarant,raise concerns of impropriety or conflict of interest. (2) If it is suspected that any of the conditions in subparagraph (1) exist, the Secretary or Designated Officer shall give the declarant an opportunity to make a clarification in accordance with section 28 (1) of the Act. (3) Request for a clarification shall be made in writing. (4) The Secretary or Designated Officer shall, in the register of declarations, document the particulars of clarification sought, the mode of communication, the time given to respond, the date and particulars of response, if any. (5) If no explanation is given, or if after considering any explanation the declarant may give, the Secretary or Designated Officer is of the opinion that the conditions in subparagraph (I) (b) still exist, the Secretary or Designated Officer may, in addition to any other action including investigations and commencement of civil proceedings, take disciplinary or other appropriate action against the employee. PART TV—PROCEDURE FOR THE ACCESS OR PUBLICATION OF INFORMATION IN A DECLARATION 10. Access and Publication of Information in a Declaration (1) The Board or any other person shall not disclose, access, acquire or publish the information in the decaration form except as 36 . THE KENYA GAZETTE 11th January, 2019 may be provided in the Act, the Regulations, these Procedures, or any other written law. (2) A person who wishes to gain access or to publish information in relation to a declaration under the Act shall - apply to the Board in the form Set Out in Appendix I and demonstrate to the Board that he or she has a legitimate interest in the information; and demonstrate to the Board that the access to or publication of that information shall be for a good cause and in furtherance of the.objectives of the Act. (3) Where the information is intended to be disclosed or publicized, the applicant shall expressly state so in the application. (4) Where a person has made an application to the Board in accordance with this paragraph- (a) the Board shall issue the applicant with an acknowledgement in the form set out in Appendix II; ' (b) the Board shall inform the declarant of the application in writing; (c) the Board shall give the declarant an opportunity to make a representation in writing in relation to the application within 14 days; and '(d) the Board shall take into consideration the representation by the public officer while determining the application. (5) The Board shall determine anapplication made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty (30) days of receipt of the application. (6) For the avoidance of doubt, the Board shall not release or part with the original declaration made by any employee in satisfying the requirement of this paragraph, unless required for investigation by a law enforcement agency or by any written law. - PROVIDED that where an original declaration is released under 10(4) above the Board shall always retain a certified copy of the declaration. (7) The Botrd shall maintain a register of applications and decisions made under this paragraph setting out- the name of each applicant; the date each application was received; the name and personal number of the employee who is the subject of the application; the department or other unit to which the employee belongs; a brief description of the information applied for; (f whether the employee accepts or dpposes to the information applied for; (g) a brief description of the decision made in relationto the application including reasons for denial where applicable; and (h) date when the decision was communicated to the applicant. 11.. Access by Declarant An application for access by an employee to his or her declaration may be determined by the Secretary. 12: Proof of Identity The Board shall not give access to the information in a declaration. to- the employee unless the employee proves his or her identity; or a representative of the employee unless that representative - (i) provides proof of his or her authority to act as a representative of the employee; and (ii) provides proof of identity of the employee. 13. Decision to be Final Except as provided under the Act, Regulations and these Procedures, the decisions of the Board in relation to a declaration by an employee shall be final. Any person dissatisfied with the decision may appeal in accordance with the procedures set out in the Public Officer Ethics (Management,, Verification, and Access to Financial Declarations) Regulations, 2011. 14. Regulations tQ Apply to this Part This part shall be read and construed together with the Public Ofticer Ethics (Management, Verification, and Access to Financial Declarations) Regulations, 2011. PART V—PROCEDURE IN RELATIONTO STORAGE AND RETENTION OF DECLARATION FORMS 15. Mechanisms for Storage, Retention and Retrieval The Board shall ensure that appropriate mechanisms are put in place for the safe and secure storage, retention and easy retrieval of the declarations. - The mechanisms established under sub-paragraph (I) may include manual, electronic, microfilm or any other form as the Board may consider appropriate. 16. Cessation of Retention of Information Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in relation to that information. The Secretary may make a written proposal to the Board in relation to the action to be taken by the Board in accordance with sub- paragraph (1). PART VI—GENERAL PROVISIONS 17. Powers of the Board (1) Notwithstanding delegation of any function or power by the Board for the purposes of these Procedures, the Board may- exercise the delegated power or perform the delegated function; or on its own motion or request, by any person, revise a decision of the Secretary made for the purposes of these Procedures. (2) The Board may from time to time review the operational procedures put in place by the secretary in the application of these procedures. 18. Matters not covered by these Procedures The Board may issue written instructions in relation to any matter that has not been provided for in these procedures. 19. Representations to the Board The Board may consider representations from any person in the application of these procedures. 20. Review The Board may from time to time review the operational arrangements put in place by the Secretary in the application of these Procedures.' The Board may review these Procedures from time to time as may be necessary. APPENDIX I REQUEST TO ACCESS A DECLARATION OR CLARIFICATION Note: A separate form to be completed in respect of a request for information for each declarant. Part I: Information on Applicant 1. Name ... ... ............................................................................. 2.' National Identity Card/Passport Number........................... Postal Address......................................................... Physical Address................... 11th January, , 2019 S. E-mail Addiess....................................................... Occupation................................................................ Part II: Particulars of Information Applied for (a) Nature of Information (please tick Declaration Clarification ( 3 Declaration and Clarification (b) Declaration period.................................................. Part III: Information on the Person whose declaration is sought to be obtained: Name..................................................................... Dirctorate/Department (if known) ............... ................ Work Station.............................................................. Reason for requiring the information:- (i) Official.................................................................... (ii) Other reason....................................................... State precisely the purpose for which the declaration sought will be used.............................................................................. Part IV: Additional Information Give any other information you may consider relevant and useful to yourrequest ............................................ .......................... . Part V: Declaration by Applicant ....................................... .solemnly declare that the information I have given above is true, complete and correct to the best of my knowledge. Date. .................................. ........................ Signature of Applicant................................... APPENDIX II ACKNOWLEDGEMENT OF'REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION Name of Applicant......................................................... National Identity Card/Passport Number................................. Name of Organization (where applicable)...................................... Postal Address................................... Date of Application............................... Delivered by....................................... Signature.......................................... A response on this request will be communicated within thirty (30) days from the date of this acknowledgement. Name of Receiving Officer ; ............... ..... ....................... Signature ................................. Date.............................. Stamp: MR/5815275 GAZTrE NOTICE No. 155 COUNTY GOVERNMENT OF ISIOLO THE PUBLIC OFFICER ETHICS ACT (No. 4 of 2003) THE ISIOLO COUNTY PUBLIC SERVICE BOARD PROCEDURE FOR ADM[NISTRATION OF PART IV OF THE ACT Establishment of the Procedure IN EXERCISE of the powers conferred by section 33 (I) of the Public Officer Ethics Act, 2003, the Isiolo County Public Service Board establishes the following administrative Procedures. PART I—PRELIMINARY I. Citation These Procedures may be cited as the Isiolo County Public Service Board Procedures for Administration of Part IV of the Act. Interpretation In these Procedures, unless the context otherwise requires- "Act" means the Public Officer Ethics Act, 2003; "Declaration form" means the form set out in the Schedule to the Act in accordance with section 26(2) of the Act; "Commission" means the Ethics and Anti- Corruption Commission established under section 3 of the Ethics and Anti- Corruption Commission Act, No.22 of 2011; "Board" means Isiolo County Public Service Board; "Secretary" means a person appointed as a secretary to the County Public Service Board in accordance with section 58 (c) of the County Government Act, 2012 "Authorized officer" .means a person to whom the . Board has delegated its powers and functions in accordance with section 2 (a), 2 (b) and 2(c) of the County Governments Act, 2012; "Initial Declaration" means a declaration made in accordance with section 27 (3) of the Act; "Two-year Declaration" means a declaration made in accordance with section 26(1) of the Act; and "Final Declaration" means a declaration made in accordance with section 27 (5) of the Act. Application of Procedures These Procedures shall apply to the administration of Part. IV of the Act with respect to the public officers for whom the Board is the responsible Commission. Boards Administration Officer The Secretary shall be the responsible officer of the Board for the purpose of the application of these Procedures. Delegated Powers and Functions The Secretary may delegate in writing officers from among the staff of the Board to assist in the administration of these Procedures. County Governments Act (No. 17of 2012) Where the Board has delegated its powers and functions under section 2 (a), (b), and 2 (c) of the County Government Act, 2012 to another person, the provisions of Paragraph 4 of these Procedures shall apply to that other person. PART il—PROCEDURE IN RELATION TO SUBMITTING DECLARATIONS Procedure in Submitting Declarations (I) A Public officer shall submit a declaration in the Form set out in the Schedule to the Act. (2) The Board may use such measures as may be appropriate to facilitate a public officer to acquire the form referred to in sub- paragraph (1). (3) The Board may publish the declaration form in a format that may permit the declaration form- to be rendered in digital format on a website; or to be downloaded from a website and printed out in paper format; the Board may publish the declaration form in a format that may permit the declaration form. . (4) Where a public officer is required to make a two-year declaralion, the Board or the authorized officer, as the case may be, shall notify the public officer and provide the public officer with a declaration form on or before the 1st November of the year in which the two-year declaration is to be made. (5) Where a public officer is required to make an initial declaration or a final declaration, the Board or the authorized officer, as the case maybe, shalihotify the public officer and issue that public officer with a declaration form at least thirty days before that is to make a declaration. (6) Failure to issue a notification or declaration form under sub- paragraphs (3) and (4) shall not be construed as a waiver of the responsibility of the public officer to submit a declaration under the Act. • 8. Completion, Submission and confidentiality of Declarat ions I. A public officer shall complete and submit the declaration form to the authorized officer to whom that public officer is responsible. The authorized officer shall submit the received declarations forms to the Secretary. The Secretary shall retain the declarations in safe custody. The Board , Authorized Officer or any other person shall not disclose , access, acquire or publish the information in the declaration except as may be provided in the Act, the Regulations and these Procedures or any other written law. 9. Register of Declarations I. The Board or an Authorized officer shall maintain a register containing details of each public officer who is required to make a declaration in accordance with the Act including- the name of the public officer; the public officefs personal number; the signature of the public officer acknowledging receipt of the declaration form; the date the completed declaration was submitted by the public officer to the Board or to the authorized officer, as the case may be; The designation, department to which the public officer belongs; (7) the name of the person authorized to receive the declaration on behalf of the Board or the authorized officer; (g) the signature of the person authorized to receive the declaration on behalf of the Board or the authorized officer; and (Ii) any remarks relating to the declarations. 2. The Secretary shall maintain a register of declarations submitted by the authorized officer indicating- the date an authorized officer submitted the declarations to the Board; the name of the department, or public body to which the relevant public officer making the declarations belongs; and the number of declarations received from the authorized officer. 10. Returns to the Board (1) An Authorized Officer shall submit 'to the Board a report containing the information set out in sub-paragraph (a) (b) and (c) by tse 31st January fqllowing the submission of two-year declarations the following inforpiation in relation to the two-year declarations by ie public officers L4nder his or herjurisdiction- the total nmbef of public officers; the total number of public officers who are unpaid or who are working on a part time basis or who are working on a temporary basis as at 31st October of the year of declaration; a certified copy of the register maintained in accordance with paragraph 9; the total number of public officers who have submitted declarations within the prescribed time; the total number of public officers who have failed to submit declarations within the prescribed time; (7) any action taken by the authorized officer to the public officer who has failed to comply with the Act; and (g) any other relevant remarks relating to the returns. The Secretary shall confirm the information provided under sub-paragraph I (a) against the payroll. In the case of initial and final declarations, an authorized officer shall submit to the Board the information required in sub- paragraph (2) in respect of- the six-month period between January and June on the 31St July; and the six-month period between July and December, on the 31st January of the following year. 11. Returns to the Commission (I) The Board shall, by 31st July, submit to the Commission a summary report of the declarations made by public officer to which the.Board is responsible under the Act. The report shall contain the following- the total number of public officers required to make a declaration whether initial, biennial or final; the total number of public officers who have submitted declarations within the prescribed time; the total number of public officers who have failed to submit declarations within the prescribed time; . any actions taken by the Board on any public officer who has failed to comply with the Act; and any relevant remarks relating to the returns. PART Ill—PROCEDURE IN RELATION TO CLARIFICATION 12. Requests for Clar (/1 cation (I) A request by the Board for clarification under section 28 of the Act shall be made in writing, (2) The Board shall analyse the declaration to ascertain if- the declaration is false or incomplete; the declared assets are disproportionate to the officer's known income ; or the income, assets or liabilities of the public officer raise concerns of impropriety or conflict of interest or any other breach of the code of conducts and ethics. (3) The Board shall require the public officer to make a clarification in writing in accordance with section 28(1) of the Act. (4) Where after clarification by a public officer , the Board still finds that- the declaration by a public officer is false or incomplete the assets of the public officer are disproportionate to his or her known income; or the income, assets or liabilities raise concerns of impropriety or conflict of interest or any other breach of the code of conduct and ethics. The Board may take such action as it considers appropriate including referral to the Commission, the Director of Public Prosecutions or any other competent authority. 13. Secretary to inform Board where a Public Officer fails to Comply (I) The Secretary shall inform the Board of any public officer who fails to comply with the provisions of the Act, the regulations or. these Procedures and the Board shall- take appropriate administrative action; or refer the matter to the Commission, the Director of Public Prosecutions or any other competent authority. 11th January, 2019 THE KENYA GAZETTE ' 39 PART IV—PROCEDURE FOR THE DISCLOSURE, ACCESS, ACQUISITION OR PUBLICATION OF INFORMATION IN A DECLARATION 14. Disclosure and Publication of Information in a Declaration (I) Person who wishes to gain access to publish information in relation to a declaration under the Act shall- apply in writing to the Board; demonstrate to the Board that he or she has a legitimate interest in the information; and demonstrate to the Board that the access to or publication of that information shall be in furtherance of the objectives of the Act. (2) Where a person has made an application to the Board in accordance with this paragraph- the board shall issue the applicant with an acknowledgement slip in the form set out in the Schedule to the Public Officer Ethics ( Management , Verification and Access to Financial Declarations) Regulations; the Board shall inform the concerned public officer of the application in writing; the Board shall give the public officer an opportunity to make a representation in writing in relation to the application within fourteen (14) days ; and - the Board shall take into consideratIon the representation by the public officer while determining the application. (3) The Board shall determine an application made in accordance with this paragraph and communicate its decision in writing to the applicant within thirty days of receipt of the application. (4) For avoidance of doubt, the Board shall not release or part with the original declaration made by any public officer in satisfying the requirements of this paragraph. (5) The Board shall maintain a register of applications and decisions made under this paragraph setting out- the name of each applicant; the date each application was received; the name and personal number of the public officer who was the subject of the application; the department or public body to which the public officer belongs; a brief description of the information applied for; and )) a brief description of the decision made in relation to the application. 15. Access to Information in a Declaration The Board shall not give access to the information in a declaration to— - the public officer who made the declaration unless the public officer can verify his1 or her identity; or a representative o the public officer who made the declaration unless tht representative- provides proof of his or her authority to act as a representative of the public officer; and provides proof that shall verify the identity of the public officer. 16. Board to Decline Application 17. Decisions to be Final Except as provided under the Act, Regulations and these Procedures, the decisions of the Board in relation to a declaration by a public officer shall be final. Any person dissatisfied with the decision may appeal in accordance with the procedure set out in the Public Officer Ethics (Management, Verification and Access to Financial Declarations) Regulations. 18. The Regulations to Apply to this Part This part shall be read and construed together with Public Officer Ethics (Management, Verification and Access to Financial Deëlarations) Regulations. PART V—PROCEDURE IN RELATION TO STORAGE AND RETENTION OF DECLARATION FORMS. 19. Appropriate Mechanisms for Storage and Retention The Board shall ensure that mechanism are put in place for safe and secure storage of the declaration of the declaration forms. The storage mechanisms established under sub-paragraph (I) shall allow easy access and retrieval of declaration forms. The storage mechanisms . may include manual, electronic, microfilm or any other form as the Board may consider. 2O. Cessation of Retention of Information (I) Where the period for retaining information obtained in accordance with Part IV of the Act has lapsed, the Board shall determine the action to be taken in due regard to any written law. (2) The Secretary may make a written proposal to the Board in relation to the action to be taken by the Board in accordance with sub- paragraph. PART Vt—GENERAL PROVISIONS 21. Powers of the Board .Nottyithstanding delegation of any function or power of by the Board for the purposes of these Procedures, the Board may- exercise the d1egated power or perform the delegated function; on its own motion , revise a decision of the Secretary made for the purpose of these Procedures. 22. Review (I) The Board may from time to time audit or investigate the manner in which an authorized officer has discharged his or her duties under these Procedures ; or (2) Refer the matter to the Commission or any other competent authority. 23. Matters not covered by these Procedures The Board may issue written instructions in relation to any matter that has not been provided for in these Procedures in relation to the application of Part IV of the Act. 24. Representations to the Board The Board may consider representations made by any person in application of these procedures. HUSSEIN ROBA BORU, HUSSEIN HUKA WAKO, Chairman, ICPSB. Secretary/CEO, JCPSB. The Board may decline an application for access to a declaration if it is of the opinion that such disclosure would be a violation of any written MR15815375 law. GAZETrENOTJCENO. 156 THE PHYSICALPLANNING ACT (Cap. 286) COMPLETION OF PART DEVELOPMENT PLANS PDP No. 2. KWL.P.2018.1—Existing Site for KWS Kinango Outpost. PDP No. 146.KWL.1.2018—Existing Site for KWS Shimba Hills Outpost. NOTICE is given that preparation of the above-mentioned part development plans were on 3rd November, 2018, completed. The part development plans relate to land situated within Kinango area, Kinango Sub-county and Shimba Hills area, Matuga Sub-county, Kwale County. Copies of the part development plans have been deposited for public inspection at the Department of Environment and Natural Resource Management or County Physical Planning Office and County Commissioner's Offices, Kwale. The copies so deposited are available for inspection free of charge by all persons interested at the Department of Environment and Natural Resource Management or County Physical Planning Office and County Commissioner's Offices, Kwale County, between the hours of 8.00 am, to 5.00 p.m., Monday to Friday. Any interested person who wishes to make any representation in connection with or objection to the above-named part development plans may send such representations or objections in writing to be received by the County Physical Planning Office, Kwale County Government, P.O. Box 230-80403, Kwale, within sixty (60) days from the date of publication of this notice and such representation or objection shall State the grounds on which it is made. Dated the 3rd November, 2018. A. A. BUDZUMA, MR/5815 139 for Director of Physical Planning. GAZETrh NOTICE No. 157 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No.8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED RESIDENTIAL DEVELOPMENT ON PLOT L.R. No's. 21923 AND 21924 ALONG LANGATA LINK ROAD LANGATA AREA, NAIROBI CITY COUNTY INVITATION OF PUBLIC COMMENTS Pursuant to regulation 21 of the Environmental Management and Co-ordination (Impact Assesment and Audit) Regulations, 2003, The National Environment Management Authority (NEMA) has received an Impact Assessment Study Report for the above proposed project. The proponent, Epco Builders Limited, is proposing to construct twenty, five blocks of residential apartments comprising of one hundred and fifty two (152) three bedroom units and forty eight (48) two bedroom units on the proposed Site. This makes a total of two hundred (200) units. T,he site is located on plot L.R. Nos. 21923 and 21924 along Langata Link Road, Langáta Area, Nairobi City County. The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed Mitigation Measures Soil erosion and • Excavate only areas affected by buildings. excavation • Dumping of excess excavated matenals to sites designated by NEMA and council. • Restoration of sites excavated. • Create and maintain soil traps and embankments. • Landscaping after completion of construction. Impacts Proposed Mitigation Measures Noise pollution • Ensure use of serviced and greased equipment. and vibration • Switch off engines not in use. • Construction works to be confined between 8 a.m to 5 p.m. • Ensure use of earmuffs by machine operators. Air quality • Water sprinkling of driveways or the use of biodegradable hydrant e.g. Terrasorh polymer will reduce dust emission during construction. • Ensure servicing of vehicles regularly. Solid waste • Ensure waste materials are disposed of on generation Council and NEMA approved sites. • Ensure re-use of materials that can be re-used. Use of the 3rs - Reduce, Re-Use, Re-Cycle. Increased solid Segregation of waste at source so as to waste generation determine recyclables. Contract a licensed waste handler to collect waste at regular intervals, • All wastes to be transported by .NEMA licensed waste handlers and disposed in 'licensed disposal sites. Insecurity • Ensure secure perimeter wall where applicable. Have a single entry point that is manned 24 hours. Excessive water • Excessive water use may negatively impact on use the water source and its sustainability. lJquid waste • Regular Inspection and maintenance of the generation and waste disposal systems during the operation management phase. • Connection to the main NCWSC sewer line serving the area. Storm water and • Have paved local access road and walkway surface runoff system. • Encourage rain water harvesting. • Provision of increased water storage capacity. • Provide adequate storm water drainage system. Traffic • Provide adequate parking facilities within the project site. Health and safety Provide First Aid Kits on site. • Proper Signage and warning to public of heavy vehicle turning. • Ensure building strength and stability. • Provide clean water and food to the workers. • The contractor to abide by all construction conditions especially clause B 12 which stipulates health safety and workforce welfare. Increased social • Increased housing stock in the area and Kenya. conflict • Increased economic activities. • Employment Generation, Income earnings and housing capital stock formation. • Encourage formation of community policing and formation of neighborhood associations. Risk of accidents • Education and awareness to all construction and injuries to workers. workers • Ensure use of appropriate personal protective clothing. 11thJanuary,2019 THE KENYA GAZETTE 41 Impacts Proposed Mitigation Measures Provide first aid kits on site. • Ensuring building strength and stability. • Proper supervision. The full report of the proposed project is avai,lable for inspection during working hours at: Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi. County Director of Environment, Nairobi City County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NIEMA, to assist the Authority in the decision makingprocess of the plan. GEOFFREY WAHTJNGU, DirectOr-General, MR/58 15137 National Environment Management Authority. GAzErrE NOTICE No. 158 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED DEVELOPMENT OF RESIDENTIAL APARTMENTS ON PLOT NO. 209/18648 ALONG MOMBASA ROAD IN NAIROBI CITY COUNTY INVITATION OF PUBLIC COMMENTS Pursuant to Regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Fuxing Engineering Limited, is proposing to construct a residential development on Plot No. 209/18648 along Mombasa Road in Nairobi City County. The project entails construction of a twin tower block each with twelve (12) floors consisting of forty eight (48) three bedroom units, forty eight (48) two bedroom Units and one hundred and twenty (120) one bedroom unit apartments and other associated amenities The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed MitigOtion Measures Solid and liquid • . Segregate the waste at the site. waste Ensure proper disposal of construction waste to approved Sites. • Engage services of a registered NEMA waste handler to dispose the waste. • Covering of the trucks during transportation all the building materials and waste. • Sensitize workers on the reuse of materials where appropriate. As provided for by the Building Code, a portable toilet will be provided on site to be used by construction workers. Impacts Proposed Mitigation Measures Air pollution . Sprinkling of water on dusty areas at least twice a day. • Careful screening of construction site to contain and arrest construction related dust. • Ensure construction machinery and equipment are well maintained to reduce exhaust gas emission. • All personnel working on the project will be trained prior to starting construction on methods for minimizing air quality impacts during construction. • Drivers of construction including bulldozers, earth-movers etc. will be under strict instructions to minimize unnecessary trips and minimize idling of engines. • Ensure compliance. to Air Quality Regulations, 2014. Traffic congestion • Employ traffic marshals to control traffic in and out of site. • Ferry, building materials during off-peak hours. • Enforce speed limits for construction vehicles especially along the roads leading to the site. . Ensure that the vehicles comply with axle load limits. • Employ well trained and experienced drivers. Noise pollution • Construction activities to be restricted to daytime i.e. 8 am, to 5 p.m. • Useof suppressors or noise shields on noisy equipment for instance corrugated iron sheet structures. • Sensitize drivers of construction machinery on effects of noise. • Trucks used at coristruction site shall be routed away from noise sensitive areas where feasible. • Maintain plant equipment to suppress frictional noise. • Workers in the vicinity or involved in high- level noise to wear PPE Comply with EMCA (Noise and Excessive Vibration Pollution Control) Regulations, 2009. Health and safety • Construction work will be limited to daytime only Workers to be adequately insured against accidents. • All workers will be sensitized before construction begins on how to control accidents related to construction. • Provide first aid kits at straiegic places in the site. • All workers to wear protective gear during construction e.g. helmets. • Provide clean water and food to the workers. • A comprehensive contingency plan will be prepared before construction begins on accident • response. • Ensure compliance to Occupational Safety and Health Act, 20,07. • Ensure compliance to Water Quality . Regulations, 2006. The full report of the proposed project is available for inspection during working hours at: 11th January, 2019 Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 6783940200, Nairobi. Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi. County Director of Environment, Nairobi City County The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process of the plan. - GEOFFREY WAHUNGU, Director-General, MR/581 5089 National Environment Management Authority.