Vol - CXXV-No .195
Vol - CXXV-No .195
Vol - CXXV-No .195
The State Corporations Act—Appointments ........................ 3788, 3810–3811 The Companies Act—Dissolution, etc................................... 3872–3873
The Small Claims Court Act—Establishment ...................... 3789 The Physical and Land Use Planning Act—Completion of
The Judicial Service Act—Sentencing Guidelines ............... 3789–3810 Part Development Plans ....................................................... 3873
The National Campaign Against Drug Abuse Authority The Environmental Management and Co-ordination Act—
Act—Appointment............................................................... 3810 Environmental Impact Assessment Study Report.............. 3874–3875
The Export Processing Zones Act—Appointment ............... 3810 The Insolvency Act—Petition of Liquidation, etc................. 3875–3876
The Standards Act—De-Gazettement, etc............................. 3811 Closure of Private Roads and Footpaths ................................ 3876
The Universities Act—Appointments.................................... 3811
Disposal of Uncollected Goods .............................................. 3876–3878
The Science, Technology and Innovation Act—
Appointment ......................................................................... 3811 Change of Names .................................................................... 3878–3881
The Kerio Valley Development Authority Act— The Food and Feed Safety Control Co-ordination Bill,
Appointment ......................................................................... 3813 2023 ........................................................................ 601
County Government Notices .................................................. 3813–3814, The Care and Protection of Child Parents Bill, 2023 ...... 677
3860–3870
The Land Registration Act—Issue of Provisional ------------------
Certificates, etc. .................................................................... 3814–3834
SUPPLEMENT Nos. 108, 109 and 111
The Civil Aviation Act—Application for Variation or Issue
of Air Service Licences, etc ................................................. 3834–3838 National Assembly Bills, 2023
Customs and Border Control Department—Goods to be PAGE
Sold at Customs Warehouse, Kilindini............................... 3838–3855
The Water (Amendment) Bill, 2023 ............................... 1045
The Unclaimed Financial Assets Act—No Objection .......... 3855–3857
The Kenya Roads (Amendment) Bill, 2023 .................... 1061
The Seeds and Plant Varieties Act—Crop Varieties............. 3857–3860
The Anti-Money Laundering and Combating of
The Political Parties Act—Change of Political Party
Officials, etc .......................................................................... 3870 Terrorism Financing Laws (Amendment) Bill,
2023 ........................................................................ 1065
The Proceeds of Crime and Money Laundering Act—
Preservation Orders, etc ....................................................... 3870–3872
[3787
3788217
3788 THE KENYA GAZETTE 1st September, 2023
IN EXERCISE of the powers conferred by section 7 (3) of the Dated the 31st August, 2023.
State Corporations Act, I, William Samoei Ruto, President of the WILLIAM SAMOEI RUTO,
Republic of Kenya and Commander-in-Chief of the Defence Forces, President.
appoint—
*G.N. 10631/2021
1st September, 2023 THE KENYA GAZETTE 3789
GAZETTE NOTICE NO. 11586 1.1.6 In so doing, the Guidelines seek to enhance the delivery of
justice and public confidence in the Judiciary.
THE SMALL CLAIMS COURT ACT
1.1.7 The Guidelines are in no way intended to fetter judicial
(No. 2 of 2016) discretion. The Guided Approach to Sentencing (GATS) in Part V,
ESTABLISHMENT aims to structure the approach to sentencing in a way that can achieve
the above outcomes by anchoring the exercise of discretion in the
IN EXERCISE of the powers conferred by section 4 (2) of the principles articulated herein.
Small Claims Act, 2016, the Chief Justice has established Small
Claims Courts to exercise jurisdiction in the designated counties, with 1.1.8 The Guidelines specifically seek to–
effect from the 28th August, 2023 as follows: (i) align the sentencing process to the provisions of the
Constitution of Kenya;
Small Claims Courts County of Jurisdiction
(ii) structure the process of exercising judicial discretion in
Mandera Law Courts Mandera
sentencing.
Moyale Law Courts Marsabit
Kakuma Law Courts Turkana (iii) link the sentencing process to the overarching objectives of
Wajir Law Courts Wajir sentencing;
Dadaab Law Courts Garissa
Taveta Law Courts Taita Taveta (iv) encourage consideration of non-custodial measures and
Lamu Law Courts Lamu promote restorative justice values during sentencing;
Mombasa Law Courts Mombasa (v) provide guidance on the sentencing approach for vulnerable
Migori Law courts Migori offenders identified as requiring special consideration; and
Loitoktok Law Courts Kajiado
(vi) facilitate the participation and involvement of victims in the
Dated the 28th August, 2023. sentencing process.
MARTHA K. KOOME,
Chief Justice and President of the Supreme Court of Kenya. 1.2 PRINCIPLES UNDERPINNING THE SENTENCING
PROCESS
1.2.1 Proportionality: The sentence meted out must be
GAZETTE NOTICE NO. 11587 proportionate to the offending behaviour meaning it must not be more
THE CONSTITUTION OF KENYA or less than is merited in view of the gravity of the offence.
Proportionality of the sentence to the offending behaviour is weighted
THE JUDICIAL SERVICE ACT in view of the actual, foreseeable, and intended impact of the offence
as well as the responsibility of the offender.
(No. 1 of 2011)
1.2.2 Equality/Uniformity/Parity/Consistency/Impartiality: The
SENTENCING GUIDELINES (2023) same sentences should be imposed for same offences committed by
PART I: PRELIMINARIES offenders in similar circumstances.
1.1 INTRODUCTION 1.2.3 Accountability and Transparency: The reasoning behind the
determination of sentence should be clearly set out and in accordance
1.1.1 Sentencing is the process by which a court imposes a penal with the law and the sentencing principles laid out in these guidelines.
sanction once an accused person has pleaded guilty or has been
convicted of an offence following a trial. 1.2.4 Inclusiveness: Both the offender and the victim should
participate in and inform the sentencing process.
1.1.2 The punishments that can be meted out for a specific
offence are expressly set out in Section 24 of the Penal Code and other 1.2.5 Totality of the Sentence: The sentence passed for offenders
statutes in which offences are created. Most of these provisions are convicted for multiple counts must be just and proportionate, taking
couched in terms that provide wide discretionary powers for Judges into account the offending behaviour as a whole. More guidance is
and Magistrates, enabling the court to determine the most suitable given on this in paragraphs 2.3.21 to 2.3.30.
sentence for each individual offender. However, the disparities in the 1.2.6 Respect for Human Rights and Fundamental Freedoms: The
sentences imposed upon offenders who have committed similar sentences imposed must promote, and not undermine, human rights
offences under similar circumstances reveals a lack of uniformity that and fundamental freedoms. Whilst upholding the dignity of both the
undermines public confidence in the Judiciary. offender (and where relevant, the victim), the sentencing regime
1.1.3 Courts are required to act objectively and impartially and should contribute to the broader enjoyment of human rights and
remain accountable to the public for their decisions and actions. Article fundamental freedoms in Kenya. Sentencing impacts on crime control
73 (1) (a) (iii and iv) of the Constitution requires State officers to and has a direct correlation to fostering an environment in which
exercise their authority in a manner that “brings dignity to the office” human rights and fundamental freedoms are enjoyed.
and “promotes public confidence in the integrity of the office”. Article 1.2.7 Enhancing Compliance with Domestic Laws and
10 (2) of the Constitution sets out the following as the national values Recognised International and Regional Standards on Sentencing:
and principles of governance that bind all State Officers: rule of law, Domestic law sets out the sentences that can be imposed for each
human dignity, equity, social justice, inclusiveness, equality, human offence. In addition, those international legal instruments, which have
rights, non-discrimination, good governance, integrity, transparency, the force of law under Article 2 (6) of the Constitution of Kenya,
and accountability. should be applied. There are also international and regional standards
1.1.4 A lack of uniformity in both the approach to sentencing and and principles on sentencing that, even though not binding, provide
sentencing outcomes, undermines the above Constitutional values and important guidance on sentencing. Relevant international and regional
further undermines public confidence. Over-utilisation of custodial legal instruments and guidelines include but are not limited to:
sentences without consideration of the overarching objectives of
sentencing has been linked to high recidivism rates and overcrowding S/No. Relevant Regional/International Instruments
in prisons – with the obvious resource implications. i. African Charter on the Rights and Welfare of the Child
(adopted in 1990, entered into force on 29th November 1999)
1.1.5 These Guidelines aim to standardise the sentencing OAU Doc. CAB/LEG/24.9/49.
processes and procedures in all of Kenya’s criminal courts and provide
a framework within which Magistrates and Judges can exercise their ii. African Union Principles and Guidelines on the Right to a Fair
discretion in a manner which is objective, accountable, transparent, Trial and Legal Assistance in Africa (proclaimed by the
proportionate, consistent and respectful of the human rights of all African Commission on Human and Peoples’ Rights) DOC/OS
concerned parties. They further aim to enhance coordination of all (XXX) 247.
agencies involved in the sentencing process as well as supervision of
the sentence passed.
3790217
3790 THE KENYA GAZETTE 1st September, 2023
S/No. Relevant Regional/International Instruments (iv) Restorative justice: To address the needs arising from the
criminal conduct such as loss and damages sustained by the
iii. Convention on the Rights of the Child (adopted and opened for victim or the community and to promote a sense of
signature, ratification and accession by United Nations General responsibility through the offender’s contribution towards
Assembly (UNGA) Resolution 44/25 of 20th November 1989, meeting those needs.
entered into force on 2nd September 1990).
(v) Community protection: To protect the community by
iv. Convention against Torture and Other Cruel, Inhuman or removing the offender from the community thus avoiding
Degrading Treatment or Punishment (adopted and opened for the further perpetuation of the offender’s criminal acts.
signature, ratification and accession by United Nations General
Assembly (UNGA) Resolution 39/46 of 10th December 1984, (vi) Denunciation: To clearly communicate the community’s
entered into force on 26th June 1987). condemnation of the criminal conduct.
v. Declaration of Basic Principles of Justice for Victims of Crime (vii) Reconciliation: To mend the relationship between the
and Abuse of Power (adopted by United Nations General offender, the victim and the community.
Assembly (UNGA) Resolution 40/34 of 29th November 1985).
(viii) Reintegration: To facilitate the re-entry of the offender into
vi. Guidelines for Action on Children in the Criminal Justice the society.
System (recommended by United Nations Economic and Social
Council (ECOSOC) Resolution 1997/30 of 21st July 1997). PART II: PENAL AND CORRECTIVE SANCTIONS
RECOGNISED UNDER KENYAN LAW
vii. International Covenant on Civil and Political Rights (ICCPR)
adopted by United Nations General Assembly (UNGA) 2.1 THE FOLLOWING PENAL SANCTIONS ARE
Resolution 2200 A (XXI) of 16th December 1966, entered into RECOGNISED IN KENYA
force on 23rd March 1976 999 UNTS 171 (ICCPR). 1. Death penalty
viii. Kampala Declaration on Prison Conditions in Africa and Plan 2. Imprisonment
of Action (adopted by a Conference of African Countries on
21st September 1996). 3. Community service orders
ix. Ouagadougou Plan of Action Adopted on Accelerating Prisons 4. Probation order
and Penal Reforms in Africa (adopted by the African
Commission on Human and Peoples’ Rights on 20th November 5. Fines
2003) ACHPR /Resolution 64 (XXXIV) 03). 6. Payment of compensation
x. Standard Minimum Rules for the Treatment of Prisoners 7. Forfeiture
(Mandela Rules) (adopted by the United Nations Congress on
the Prevention of Crime and the Treatment of Offenders and 8. Finding security to keep the peace and be of good behaviour
approved by United Nations Economic and Social Council
(ECOSOC) Resolution 663 C (XXIV) of 31st July 1957 and 9. Absolute and conditional discharge
2076 (LXII) of 13th May 1977).
10. Suspended sentences
xi. United Nations Guidelines for the Prevention of Juvenile 11. Restitution
Delinquency (The Riyadh Guidelines) (adopted and proclaimed
by the United Nations General Assembly (UNGA) Resolution 12. Suspension of certificate of competency in traffic offences
45/113 of 14th December 1990).
13. Police supervision
xii. United Nations Rules for the Protection of Juveniles Deprived
of their Liberty (adopted by United Nations General Assembly 14. Revocation/forfeiture of licences
(UNGA) Resolution 45/113 of 14th December 1990).
15. Committal to rehabilitation centres
xiii. United Nations Rules for the Treatment of Women Prisoners 16. Recommendation for removal from Kenya
and Non-Custodial Measures for Women Offenders (adopted
by United Nations General Assembly (UNGA) Resolution 2.2 THE DEATH PENALTY
65/229 of 21st December 2010).
2.2.1 The death penalty is imposed upon offenders convicted of
xiv. United Nations Standard Minimum Rules for Non-Custodial treason, administration of unlawful oaths to commit capital offences or
Measures (Tokyo Rules) (adopted by United Nations General robbery with violence or attempted robbery with violence, and in
Assembly (UNGA) Resolution 45/110 of 14tth December some instances of murder. According to Section 69 of the Prisons Act,
1990). Cap 90, the mode of administering the death penalty recognised by
Kenyan law is by hanging.
xv. United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules) (adopted by 2.2.2 Children in conflict with the law cannot be subjected to the
United Nations General Assembly (UNGA) Resolution 40/33 death penalty. Further, the Criminal Procedure Code prohibits the
of 29th November 1985). imposition of the death penalty upon offenders convicted of an offence
punishable by death, but that was committed when the offender was
1.3 OBJECTIVES OF SENTENCING below the age of 18 years. Instead, in accordance with Section 25 (2)
and (3) of the Penal Code, such an offender is to be detained at the
1.3.1 Sentences are imposed to meet the following objectives. President’s pleasure, with the court required to forward to the
There will be instances in which the objectives may conflict with each President the notes of the evidence adduced during the trial, as well as
other – insofar as possible, sentences imposed should be geared a signed report expressing the court’s observations or
towards meeting the objectives in totality. recommendations. Notably, the provisions regarding children and
(i) Retribution: To punish the offender for their criminal sentencing ‘at the President’s pleasure’ have since been declared
conduct in a just manner. unconstitutional in AOO & 6 others V Attorney General & Another
and pending any appellate reversal of this decision, that is now the
(ii) Deterrence: To deter the offender from committing a position. The anomaly that would arise from the incarceration of
similar or any other offence in future as well as to offenders at the pleasure of the President insofar as vulnerable
discourage the public from committing offences. categories of offenders such as those suffering from a mental disorder
is concerned has been further elaborated in paragraphs 3.4.
(iii) Rehabilitation: To enable the offender to reform from
his/her criminal disposition and become a law-abiding 2.2.3 Pregnant offenders are also exempted from the death
person. penalty and where they are convicted of offences punishable by death,
are to be sentenced to life imprisonment instead.
1st September, 2023 THE KENYA GAZETTE 3791
Situational Analysis most cases been convicted of misdemeanours and so may have been
more suitable candidates for non-custodial sentences.
2.2.4 Though a recognised form of punishment, the last
execution took place in 1987. Following the Supreme Court’s 2.3.7 The application of mandatory minimum sentences has been
decisions in Muruatetu I & IIthe mandatory nature of the death considered problematic due to its infringement on judicial discretion
sentence with respect to murder was declared unconstitutional. The and its limiting effect on the right to fair trial in contravention of
Court specified that the decision does not outlaw the death penalty and Article 25 (c) of the Constitution. The fettering of the judicial
that it is still applicable as a maximum punishment in instances where discretion owing to the prescription of mandatory minimum sentences
the circumstances so warrant. imposed by statutes, is believed to have led to perceptions of undue
harshness with respect to some of the sentences imposed - offender’s
2.2.5 In the period between Muruatetu I and Muruatetu II, the mitigation cannot be taken into account to the extent that it can lower
legality of all mandatory and even minimum sentences was called into the sentence below the mandatory minimum.
question, leading to even greater disparity in sentencing and in some
instances, minimum sentences were not applied at all despite being a 2.3.8 Following the Supreme Court’s decision in Muruatetu I and
statutory requirement. Whilst Muruatetu II has clarified the position II, there have been calls to extend the reasoning behind the judgement
relating to murder, it is likely that other offences that demand the to all other circumstances where mandatory minimum or maximum
mandatory death penalty will eventually be challenged and require sentences apply, including sexual offences. Kenya is clearly in
resolution at the Supreme Court. transition away from minimum sentences with the applicability of
mandatory minimum sentences in offences other than murder currently
Policy Directions being challenged before Courts.
2.2.6 Following Muruatetu II, the mandatory nature of the death 2.3.9 In addition, time spent in custody, including police custody,
penalty is still applicable to other capital offences, except murder. is not always taken into account during the sentencing exercise. There
2.2.7 Notwithstanding the nature of any offence punishable by are some instances where offenders have been remanded in custody
death, no court shall impose the death penalty upon a child. This pending trial for periods longer than the statutory maximum or longer
applies even where a child has attained the age of majority by the time than they would have served had they pleaded guilty or had their trial
the court renders its decision. However, based on the decision in the heard at an earlier stage.
AOO & 6 others V Attorney General & Another case reviewed above, 2.3.10 On sentencing an offender for multiple offences, Section 14
children in conflict with the law cannot be given indeterminate of the Criminal Procedure Code sets out the general rule that sentences
sentences to be held at the pleasure of the President. Instead, children run consecutively unless otherwise directed by the court. There is need
in conflict with the law should as far as possible be given non- for the courts to address this matter explicitly and in a uniform way,
custodial sentences in accordance with the Children Act, 2022. See hence the further guidance on totality of sentence provided herein.
Part III of these Guidelines under ‘Children.’
2.3.11 The option of committing offenders who suffer with
2.2.8 Pregnant women cannot be sentenced to death. substance abuse to appropriate rehabilitation centres is restricted to
2.2.9 Where an accused person is convicted of several counts of those convicted for offences under the Narcotics, Drugs and
capital offences each attracting the death sentence, the court shall pass Psychotropic Substances (Control) Act 1994. For all other offenders,
the death sentence on each count but direct that the second or such committal would be under the court’s general discretion.
subsequent sentences be held in abeyance. However, such options are not fully explored for several reasons
including a lack of available facilities countrywide, a lack of
2.3 IMPRISONMENT awareness of the existence of such facilities, failure in early
identification of substance abuse issues amongst offenders, and in
2.3.1 Serving time in custody is the sentence provided for most matters relating to children, the absence of any such facilities
offences created under various statutes. It is also the sentence meted altogether.
out in many cases.
Policy Directions
2.3.2 The wording used by the Penal Code in most cases is
“…liable to…imprisonment” or in some cases using the words “not Disparity in Sentence
exceeding…” - thus setting out the maximum sentence in most cases.
Section 26 (2) of the Penal Code gives the court discretion to impose a 2.3.12 In order to achieve greater uniformity in sentencing across
sentence shorter than prescribed by the relevant provision except the country, Judges and Magistrates are referred to Part V of these
where mandatory minimum sentences are prescribed. Subsequent Guidelines.
statutes such as the Sexual Offences Act provide minimum and Custodial versus Non-Custodial Sentences
maximum sentences. The Security Laws (Amendment) Act provides
minimum sentences in some instances. 2.3.13 Where the option of a non-custodial sentence is available, a
custodial sentence should be reserved for cases where the offence is so
2.3.3 The court can order that part of the custodial sentence be serious that neither a fine nor a community sentence can be justified.
served in a rehabilitation centre where the court is satisfied that an The length of that sentence will depend on the maximum penalty
offender is addicted to narcotic drugs or psychotropic substances, and allowed by law and the seriousness of the offence and other factors set
where the offender is in possession of those substances only for their out in Part V. The court should bear in mind the high rates of
own consumption. recidivism associated with imprisonment and seek to impose a
2.3.4 The issue of consecutive or concurrent sentences is sentence that is geared towards achieving the sentencing principles and
addressed in part under Section 14 of the Criminal Procedure Code objectives set out in Part I.
and for offences committed during the currency of an existing sentence 2.3.14 Imprisonment of petty offenders should be avoided, as the
or before sentencing for a previous conviction, Section 37 of the Penal rehabilitative objective of sentencing is rarely met when offenders
Code. However, this is a complex arena and so further guidance is serve short sentences in custody. Further, short terms of imprisonment
given in paragraphs 2.3.21 to 2.2.30. are disruptive and contribute to re-offending.
Situational Analysis 2.3.15 In deciding whether to impose a custodial or a non-
2.3.5 There exist notable disparities in the length of custodial sentence, the following factors should be considered:
imprisonment of offenders committing same offences in more or less (i) Gravity of the offence: In the absence of aggravating
similar circumstances. There is a lack of uniformity and certainty in circumstances, or any other circumstance that renders a non-
the sentences likely to be imposed. This has contributed to a negative custodial sentence unsuitable, a sentence of imprisonment
perception against the Judiciary and lends support to claims of should be avoided with respect to sentences that have been
corruption and unprofessionalism. The uncertainty of the likely adjudged as deserving less than three (3) years.
sentences also poses a challenge to prosecutors when negotiating plea
agreements. (ii) Criminal history of the offender: Taking into account the
seriousness of the offence, first offenders should be considered
2.3.6 The prisons in Kenya are overcrowded with one of the for non-custodial sentences except where the seriousness of the
major contributing factors being the over-utilisation of custodial offence crosses the custody threshold as set out in paragraph
sentences. Offenders serving sentences of less than three years have in
3792217
3792 THE KENYA GAZETTE 1st September, 2023
2.3.13 above. When dealing with repeat offenders, surety is withdrawn, and a new surety is later found. This calculation
consideration should be given to the nature of the previous must include time spent in police custody.
behaviour and the time that has elapsed between the previous
conviction and the current offence. For adult offenders with 2.3.20 An offender convicted of a misdemeanour and who had
previous convictions that relate to offences committed when been in custody throughout the trial for a period equal to or exceeding
the offender was a child, these should be disregarded unless the the maximum term of imprisonment provided for that offence, should
circumstances of the case demand that they be taken into be deemed to have served their sentence and be released immediately.
account owing to the similarity or frequency of the behaviour, The Principle of Totality and Concurrent and Consecutive Sentences
or the seriousness of the previous offence(s). In any event,
previous convictions should not be taken into consideration 2.3.21 Notwithstanding the provisions under the Criminal
unless they are either admitted or proved. Procedure Code and the Penal Code summarised in paragraph 2.3.4
above, the discretion to impose concurrent or consecutive sentences
(iii) Children in conflict with the law: For particular guidance see lies with the court. There are two elements to the concept of totality,
Part III below. Generally speaking, non-custodial orders should and these apply as much to terms of imprisonment as they do to
be imposed as a matter of course in the case of children in community service and fines.
conflict with the law. The exception to this is in circumstances
where in light of the seriousness of the offence, coupled with 2.3.22 Firstly, all courts when sentencing for more than one
other factors, the court is satisfied that a custodial order is the offence should pass a total sentence which reflects all the offending
most appropriate and would be in the child’s best interest. behaviour in a way that is just and proportionate. This is whether the
Custodial orders should only be meted out as a measure of last sentences are consecutive or concurrent and will usually mean that
resort and in accordance with the guidance provided under concurrent sentences will result in a longer sentence overall than a
Section 239 of the Children’s Act, 2022. The Court shall also single sentence for one offence. However, the court must avoid
issue clear post-committal supervision orders upon completion ‘double counting’ where the additional offences are ancillary to the
of the committal orders or attainment of the age of majority main offence e.g., robbery with a weapon – the presence of a weapon –
where it is appropriate to so do in light of the nature of the an intrinsic part of the main offence of robbery - will likely aggravate
offence and circumstances of the offender. the sentence on robbery and so the weapon offence should run
concurrently and will not necessarily exceed the sentence for the
(iv) Conduct of the offender: non-custodial sentences are best robbery itself.
suited for offenders who are already remorseful and receptive
to rehabilitative measures. 2.3.23 Secondly, it is rarely possible to arrive at a just and
proportionate sentence by simply adding together single sentences for
(v) Protection of the community: Where there is evidence that the each offence. The court must address the offending behaviour as a
offender is likely to pose a threat to the community, a custodial whole together with the personal circumstances of the offender.
sentence may be more appropriate. The probation officer`s Accordingly, the court must bear in mind the purposes of sentencing
report should inform the court of the risk posed by the offender set out in paragraph 1.3.
to the community in order to inform sentencing.
2.3.24 A concurrent sentence will normally be appropriate where
(vi) Offender’s responsibility to third parties: Where committing an the offences arise out of the same incident or facts. E.g., poaching of
offender to a custodial sentence is likely to unduly prejudice several animals that vary in the degree of protection they are afforded
others, particularly vulnerable persons who depend on them, a under the law; a burglary ‘spree’ of several properties committed in
court should consider if, in light of the nature and seriousness one night; fraud and associated forgeries, or a dangerous driving
of the offence, the objectives of sentencing can be met with a incident where multiple victims are injured as a result of one offence
non-custodial sentence or a suspended sentence (see paragraph of dangerous driving e.g., driving into a bus stop.
2.11 of these Guidelines). The court should enquire into the
offender’s personal circumstances and, where appropriate, seek 2.3.25 A consecutive sentence will normally be appropriate where
the assistance of a pre-sentence report. the offences arise out of unrelated facts or incidents e.g., attempting to
obstruct the course of justice in relation to an unrelated offence; where
Mandatory Minimum Sentences the defendant is convicted of dealing in drugs and also possession of a
2.3.16 Where the law provides mandatory minimum sentences, the firearm upon arrest – the firearm offence is not an intrinsic part of the
court is bound by those provisions and must not impose a sentence drugs matter and requires separate recognition, or where the accused
lower than what is prescribed. A fine shall not substitute a term of commits a theft on one occasion and an assault on a different victim on
imprisonment where a minimum term of imprisonment is the only another occasion.
option provided. Courts must however remain cognisant of any 2.3.26 A consecutive sentence may also be appropriate where the
changes made to the applicability of mandatory minimum sentences offences are of the same or similar kind but where the court is of the
with respect to specific offences given the clear concerns that have view that a concurrent sentence will not sufficiently reflect the overall
been raised in a number of cases about the constitutionality of such criminality e.g., assault of a police officer whilst trying to evade arrest
sentences. for the original offence; assault of the same victim committed in the
2.3.17 Until the Supreme Court decides on the matters, Judicial context of domestic violence or where there are sexual offences
Officers and Judges must adhere to the prevailing legislative against the same victim.
frameworks, jurisprudence from courts and the SPGs 2022 during 2.3.27 Other considerations that apply include the following:
sentencing on the issue of the applicability of mandatory minimum
sentences. i. Where an accused person commits an additional offence during
the operational period of a suspended sentence, and the court
Time Served in Custody Prior to Conviction decides to activate the suspended sentence, the additional
2.3.18 Section 333 (2) of the Criminal Procedure Code obligates sentence should normally be consecutive as it will have arisen
the court to take into account the time already served in custody. out of separate facts.
Failure to do so impacts the overall period of detention which may ii. Where consecutive sentences are to be passed, the court must
result in a punishment that is not proportionate to the seriousness of add up the sentences together and then consider if the total is
the offence committed. This also applies to those who are charged with just and proportionate. A downward adjustment can then be
offences that involve minimum sentences as well as where an accused made. See Part V and the GATS.
person has spent time in custody because he or she could not meet the
terms of bail or bond. iii. Where sentencing multiple offenders who each have differing
levels of culpability based on their role in the offence, any
2.3.19 Upon determining the period of imprisonment to impose downward adjustment must be applied by the same proportion
upon an offender, the court must then deduct the period spent in for each accused person so that the lead offender can be clearly
custody in identifying the actual period to be served (see GATS at Part identified.
V). This period must be carefully calculated – and courts should make
an enquiry particularly with unrepresented offenders – for example, iv. Where several offences are all imprisonable but none of the
there may be periods served where bail was interrupted and a short individual offences merit a custodial sentence, the custody
remand in custody was followed by a reissuance of bail e.g., where a threshold may be crossed by reason of multiple offending.
1st September, 2023 THE KENYA GAZETTE 3793
2.3.30 In relation to fines imposed for non-imprisonable offences, 2.4.9 Community Service Orders Committees should
the court should start by determining the fine appropriate for each consistently engage with the National Community Service Orders
individual offence based on the seriousness of the offence and the Committee to raise issues affecting the realisation of the objectives of
financial circumstances of the offender insofar as they are known, or Community Service Orders such as funding.
appear, to the court. The court should then add up the fines together 2.5 PROBATION ORDERS
and then consider if the total is just and proportionate.
2.5.1 The Probation of Offenders Act, Cap 64, gives courts the
Alternative places of custody – rehabilitation/treatment for substance option of placing offenders on probation. A probation order is one
addiction or abuse which places an offender under the supervision of a probation officer
for not less than six months and not exceeding three years. An
2.3.31 Where a court is satisfied, based on the report of an
offender may be required to enter into a recognisance, with or without
appropriate agency, that an offender convicted of an offence under the
sureties, where a probation order is imposed. An offender is required to
Narcotic and Psychotropic Substances (Control) Act is a drug addict in
comply strictly with the terms of the probation order the breach of
accordance with Section 58 (1) thereof, it should make an order which will attract a range of sanctions outlined in the Probation of
requiring the offender to serve a term in a rehabilitation centre, Offenders Act. If an offender commits an offence during the probation
hospital or any other institution where his condition can be attended to. term, the offender becomes liable to be sentenced for the original
It is worth noting that the court has the power to order similar offence. The court is under an obligation to explain these terms to the
rehabilitation pending completion of the trial if it is practicable. offender when the order is imposed.
2.3.32 Where the court is satisfied, based on the report of an 2.5.2 When deciding on whether to place an offender on
appropriate agency, that an offender convicted for an offence other probation, Section 4 (i) of the Probation of Offenders Act calls upon
than under the Narcotic and Psychotropic Substances (Control) Act is the court to have regard to the following information, typically
addicted to narcotic drugs or psychotropic substances, the court shall contained in a pre-sentence report:
ensure that the person is referred to a drug rehabilitation centre for
treatment before they can be transferred to prison to serve the i. Age
remainder of their sentence if any. ii. Character
2.3.33 In both instances, the court must enquire about the location iii. Antecedents
and availability of such institutions.
iv. Home surroundings
2.3.34 In the case of a non-custodial sentence, with a requirement
to attend treatment under this section, the court shall give clear v. Health or mental condition of the offender
directions on the supervision requirements.
vi. The nature of the offence
2.4 COMMUNITY SERVICE ORDERS
vii. The victim impact statement
2.4.1 Community Service Orders (CSO) is a non-custodial
viii. Any extenuating circumstances in which the offence was
sentence that entails doing unpaid public work for the benefit of the
committed
community and for a period that does not exceed the term of
imprisonment that the offender could have been sentenced to, up to a 2.5.3 The court must be satisfied of the offender’s willingness to
maximum of three years. comply with the provisions of the probation order for it to impose the
order.
2.4.2 CSOs, in suitable cases, are effective as they promote a
sense of responsibility to the offender. They may also contribute to the Situational Analysis
community wronged by the offender. In some cases, this form of
sentence is retributive, particularly for offenders who find it 2.5.4 There is a gradual increase in the number of probation
orders imposed as courts increasingly recognise the merits of
demeaning to serve a sentence publicly and it can be very demanding
probation as opposed to custody.
for offenders with other responsibilities. If supervised properly, it
achieves the objectives of sentencing and courts should impose it 2.5.5 Whilst pre-sentence reports are required in cases where
where it is the most appropriate sentence under the circumstances. courts are considering imposing probation orders, there are concerns
over the insufficient numbers of available and qualified probation
2.4.3 According to the Second Schedule of the Community officers, and the limited resources available to discharge this function.
Service Orders Act, it is the duty of the community service officers, in This also means that the eventual supervision of a probation order is
this case probation officers, to identify suitable work placements and also hampered.
to oversee the work and progress of offenders.
Policy Directions
Situational Analysis
2.5.6 The policy guidelines on custodial versus non-custodial
2.4.4 CSOs need to be more underutilised with supervision of sentences in paragraphs 2.3.13 to 2.3.15 of these guidelines apply.
such orders cited as the major challenge. In the absence of a guarantee
of proper supervision, the courts are sometimes reluctant to impose 2.5.7 Before issuing a probation order, the court must receive and
such orders. There is also need for the identification of a larger pool of consider a probation officer’s report alongside any victim impact
work placements for the execution of such orders. statement if available.
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3794 THE KENYA GAZETTE 1st September, 2023
2.5.8 The main aim of a probation order is to facilitate the ii. The complexity of evidentiary matters touching on the
reformation and rehabilitation of the offender. Therefore, an offender’s quantum of damages: Where, in the opinion of the court,
remorsefulness and attitude should be considered when determining evidentiary matters are complex and require a civil suit, or
the suitability of the sentence. where the evidence available is not adequate to determine the
damages, the court shall refrain from making a compensation
2.5.9 The court should engage with the probation officer to
order and should advise the injured party to seek compensation
establish conditions that are necessary to enhance the supervision of
in a civil suit.
the probation order. Section 5 of the Probation of Offenders Act
obligates the court to set out the conditions necessary to secure the iii. Validity of action: Where the claim is barred by the Limitations
supervision of the offender. Section 4 (3) requires the court to clearly of Action Act, the court shall not make a compensation order.
explain to the offender the terms of the Probation Order and the
consequences of any breach. iv. Undue prejudice to the rights of the convicted person: Where
there are circumstances which, in the opinion of the court,
2.5.10 The Judicial Officer representing the court station in the would render compensation order unduly prejudicial to the
Probation Orders Case Committee should continuously engage with rights of a convicted person in respect to the civil liability, then
the chair of the committee to ensure that the committee meets the court shall not make a compensation order.
consistently and addresses issues that may undermine the effective
operation of probation orders. 2.6.8 Compensation should benefit and not inflict further harm on
the victim. Any financial recompense from the accused person may
2.5.11 The Probation Orders Case Committee should consistently cause distress and the victim may not want compensation from that
engage with the Central Probation Committee to raise issues such as offender in the first place – assumptions should not be made either
funding affecting the realisation of the objectives of probation orders. way. The victim’s views should be properly obtained through
2.6 COMPENSATION sensitive discussions by the police or probation services, but it should
be explained that the offender’s ability to pay will ultimately
2.6.1 Compensation orders are particularly desirable as they fuse determine whether and how compensation might be ordered.
restorative and retributive justice. Payment of compensation is a
punishment to the offender, but it also gives the offender an 2.6.9 The court should consider two types of loss – financial loss
opportunity to take responsibility for their conduct and remedy the such as the cost of repairing damage or, in the case of injury, loss of
harm caused. earnings or medical expenses; and pain and suffering caused by injury.
2.6.2 The court is mandated to make a compensation order in 2.6.10 The court should engage with the offender to determine a
addition or in substitution for any punishment. However, the court practical and achievable schedule of payment. Where the court is
cannot make a compensation order in substitution of an offence that satisfied that the offender is not in a position to make a single payment
attracts a mandatory minimum custodial sentence. An order of but can do so in instalments, then it should give directions on the
compensation takes effect on the expiry of the time limited for an payment of such instalments and set mention dates to correspond with
appeal, and where an appeal is lodged, on confirmation of the the dates that payments are due.
conviction and order.
2.6.11 The compensation order shall specify the amount of money
2.6.3 Where a person is convicted of corruption or an economic or form of compensation payable, manner of payment, date of payment
crime that occasioned loss to anyone, it is mandatory for the court to and provide the applicable interest rates. The Judge or Judicial Officer
impose compensation orders, upon conviction or on subsequent should explain the consequences of any breach of payment.
application.
2.6.12 Upon convicting an offender of a corruption or economic
2.6.4 The sum to be paid by the offender to the injured party is crime, the court is obligated to order the offender to return to the
such sum as the court considers could justly be recovered as damages rightful owner the property acquired through or as a result of the
were civil proceedings to be brought by the injured party against the offence. The court is also obligated to impose compensation orders
offender in respect of the civil liability concerned. where loss has been occasioned by any person because of the conduct.
2.6.5 The court is mandated to make compensation orders with 2.6.13 The fact that a custodial sentence is imposed does not, in
respect to costs incurred by the victim during treatment as a result of itself, make it inappropriate to order compensation but the court should
the harm caused by the offender. It can also require the convicted enquire whether the offender will have the means to satisfy the order if
person to compensate the victim for costs incurred in relation to the imprisoned. It may be more appropriate to advise the injured party to
proceedings including repairs of any damage. To ascertain the proper seek a civil suit. Where a compensation order is imposed alongside a
compensation, the court shall request for evidence of the said costs. custodial sentence, imprisonment in default of non-payment should not
Situational Analysis be imposed.
iii. Thirdly, there has been an emphasis on retributive justice 2.7.3 There are many instances where the fines are in effect
with focus being on punishing the offender with little or no attention to excessive, and offenders end up serving imprisonment terms in default
the victim. of payment. Further, many terms of imprisonment in default set by the
courts fall foul of the provisions under the Penal Code and other
Policy Directions statutes where the term of imprisonment in default is explicitly set out.
A major challenge is in regard to minimum fines fixed by statute
2.6.7 In deciding whether to make an order of compensation, the which, in view of the circumstances of a given case, are excessive.
court must consider:
Moreover, even where the amount is minimal, many offenders are
i. Jurisdiction: Where the appropriate compensation order unable to pay and are imprisoned resulting in further overloading of
exceeds the pecuniary jurisdiction of that court, then it must Kenya’s prison system and placing offenders in prison for offences
not pronounce the order. The judicial officer should advise the that in and of themselves are not serious enough to merit a custodial
injured party to seek compensation in a civil suit. term.
1st September, 2023 THE KENYA GAZETTE 3795
2.7.4 Whereas the law allows for the payment of fines in property as forfeited to the government, to seize property by authority
instalments, this option is rarely utilised. The reluctance to allow fines of the law.
to be paid in instalments is attributed to the challenges in enforcement.
2.8.2 An order of forfeiture complements the other forms of
Policy Directions punishment. The offender is unable to benefit from their criminality.
Forfeiture, for example, under the Anti-Corruption and Economic
Preference for a Fine Crimes Act, can serve as a strong general deterrent. Orders of
2.7.5 Where the option of a fine is provided in the law, the court forfeiture can also raise revenue that should be used to enhance the
must first consider it before proceeding to impose a custodial sentence. response to crime such as equipping and upskilling investigations of
If in the circumstances a fine is not a suitable sentence, then the court serious crimes such as terrorism.
should expressly indicate the reasons why it is not appropriate to
2.8.3 There is no general power for a court to order forfeiture
impose a fine.
unless it is expressly provided for. Courts must be mindful that laws
Determination of a Fine are amended and that new provisions may come into place that might
expand or restrict the power of forfeiture for certain offences. Some
2.7.6 Enquiry should be made of the offender regarding his/her examples of forfeiture powers can be found in Section 29 of the Penal
means. Except in petty cases and in cases where the necessary Code, Section 40 of the Prevention of Terrorism Act, 2012, Section 68
information is within the court’s knowledge, this should ordinarily be (c) of the Forest and Conservation Management Act, 2016, Section
addressed in the pre-sentence report but there is nothing to prevent the 105 of the Wildlife Conservation and Management Act 2013 (as
court from asking the accused person to take the oath and give amended). The Narcotic Drugs and Psychotropic Substances (Control)
evidence about his or her means, making clear the dangers of Act, 1994 provides for the forfeiture of narcotic drugs, psychotropic
committing perjury. Courts shall also factor stare decisis in calculating substances, and all conveyance and implements used in the carrying
the fine. out of the offence, and the property of persons convicted under the
2.7.7 The aim of the fine is to have equal impact on offenders of Act.
different financial circumstances. It should be a hardship but should
Situational Analysis
not force the offender below a reasonable ‘subsistence’ level.
Accordingly, multiple offenders sentenced for the same offence may 2.8.4 The process for effecting forfeiture orders is not
receive differing levels of fines according to their means even though straightforward. Many of the aforementioned laws do not provide for a
they are being sentenced for an identical offence. procedure for the courts to follow. Section 389 A of the Criminal
Procedure Act makes some provision for protecting third party
2.7.8 The fines should not be so excessive as to render the
offender incapable of paying and thus liable to imprisonment. The interests but procedures for disposal of forfeited goods is not clearly
consequences of non-payment should be clearly explained to the articulated anywhere. In the case of abandoned property, disposal
offender. becomes even more complicated e.g., tools, vehicles, weapons left in
protected area pose a challenge to Kenya Wildlife Service. Police
Payment in Instalments stations and courts also face the same issue in relation exhibits.
Livestock present a liability issue to anyone who steps in to care for
2.7.9 Where an offender is incapable of paying a fine in one lump them pending any orders of the court and subsequent disposal.
sum, but undertakes to pay within a given period, the court should
make an order for payment in instalments. The order should specify 2.8.5 Forfeiture of vehicles, tools or implements used in the
the schedule of payments and the amount payable at each instance. commission of an offence, under powers such as Section 68 (c) of the
Forests Conservation and Management Act, may cause injustices to
2.7.10 For an order for the payment of a fine in instalments to be
third parties where the offenders are not the owners of the vehicles,
imposed, the offender should be required to execute a bond with or
tools or implements.
without sureties unless, in view of the individual circumstances, it
appears to the court that the offender is unlikely to default and/or Policy Directions
abscond.
2.8.6 Where the court is satisfied of the link between property
2.7.11 Where payment of a fine in instalments has been ordered by and the offence committed as set out in the different provisions, and
the court, the case shall be listed for mention 14 days after each date where the court is mandated by the law, it should, in addition to the
on which an instalment is due. general punishment meted out to the offender, make an order for
2.7.12 Default of a single instalment shall result in the whole forfeiture of the property to the State.
outstanding amount being payable immediately, potentially leading to 2.8.7 In all cases in which an order of forfeiture is applicable, the
imprisonment in default of payment. Courts should list the matter for prosecutor should, at the earliest opportunity before sentencing, bring
mention with the offender in attendance and enquire as to the reasons to the attention of the court any such property that is linked to the
for the default and hear submissions from the prosecution and defence commission of the offence.
(and if appropriate, any victim), before making any final
pronouncement. 2.8.8 Where the court has the discretion to order forfeiture, it
should be careful not to cause an injustice to a third party who is the
Imprisonment in Default of Payment of a Fine owner of the property in question, where the offence is not one in
2.7.13 Courts should be cognizant of the limits of the term of which they took part in, and it is clear that they could not have
imprisonment that can be applied in the event of default of payment of reasonably been aware that the property would be so used. The Court
a fine – normally six months unless a period of imprisonment in should also be careful to consider the beneficial ownership of
default of payment of a fine is explicitly stipulated under the relevant properties by third parties to ensure that third parties are not used to
law. conceal the proceeds of crime.
2.7.14 Under the Penal Code, the fall-back position rests in 2.9 FINDING SECURITY TO KEEP THE PEACE AND BE
Section 28 of the Penal Code where a scale is set out, the maximum OF GOOD BEHAVIOUR
being just 12 months’ imprisonment in default of non-payment for any
fine that exceeds Kshs. 50,000. 2.9.1 A court can, in offences other than capital offences or those
offences that require a mandatory minimum term of imprisonment,
2.7.15 Where a court imposes separate fines for individual require a convicted offender to enter into a recognisance, with or
offences, it must indicate a separate sentence in default of payment of without sureties to keep the peace and be of good behaviour. This
each fine. For further guidance on totality in relation to fines, see order can be imposed instead of or in addition to the sentence that the
paragraph 2.3.30 above. offender is liable to. The court is mandated to order that the offender is
held in custody until they enter into such recognisance. The period the
2.8 FORFEITURE person is held in custody must not exceed one year. Where the order is
2.8.1 Criminal forfeiture refers to the court's power to confiscate in addition to a term of imprisonment, the period in custody awaiting
the accused property as part of a sentence. According to Black's Law the recognisance, when added to the term of imprisonment, must not
Dictionary, 7th Edition, confiscation is defined as appropriating exceed the maximum sentence for that offence.
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3796 THE KENYA GAZETTE 1st September, 2023
Situational Analysis 2.11.3 The lack of digital records at police stations and courts may
enable offenders on suspended sentences who offend during the
2.9.2 There are instances where this order is suitable but has not operational period of that suspended sentence, to get away without
been imposed. serving their original sentence.
2.9.3 A distinction is drawn between an order to keep the peace Policy Directions
and be of good behaviour as a sentence when an offender has been
convicted of an offence, and a similar order prior to conviction as 2.11.4 Before imposing a suspended sentence, the court must be
envisaged by Sections 43 to 61 A of the Criminal Procedure Code. The satisfied that the case meets the criteria for an immediate term of
latter was declared unconstitutional. imprisonment. i.e. the offence is so serious that neither a fine nor a
community sentence can be justified.
Policy Directions
2.11.5 Suspending that period of imprisonment may then be
2.9.4 The order to keep the peace and be of good behaviour is a considered where there are exceptional circumstances that would
useful tool for dealing with petty offenders. It is particularly suitable justify that suspension. Examples may include undue prejudice or
and should be imposed, where, in the opinion of the court, the offender injustice to the offender or his dependants or other compelling factors
takes his recognisance seriously or where the sureties are able to that would make the punishment unduly harsh when measured against
influence the offender to adhere to the order. the objectives of sentencing set out in these Guidelines. Examples may
include where the offender is the sole provider or has a disability that
2.10 ABSOLUTE AND CONDITIONAL DISCHARGE would make a custodial term extremely difficult. See Part III of these
Guidelines for particular guidance on certain categories of offenders.
2.10.1 Section 35 of the Penal Code provides three options:
2.12 SUSPENSION OF DRIVING LICENCES FOR TRAFFIC
• Firstly, where an offender is discharged absolutely.
OFFENCES
• Secondly, where an offender is discharged but with the 2.12.1 Pursuant to Section 39 of the Penal Code, where a person is
condition that any offences committed within a fixed period convicted of an offence connected to driving a motor vehicle, a court
will make them liable to a sentence for the original offence (a can:
conditional discharge).
i. Suspend a driving license for a fixed period.
• Thirdly, where an offender is discharged, absolutely or
conditionally, and is ordered to pay compensation. This is in ii. Cancel the license and disqualify the person from obtaining
accordance with Section 12 of the Criminal Procedure Code another driving licence permanently or for a fixed period.
which allows the court to combine sentences. The payment of
2.12.2 When a court makes such an order, it is required to endorse
the compensation is distinct and separate from the discharge.
the certificate with particulars of the conviction and of the order, and
2.10.2 The operational period of a conditional discharge cannot to forward the same to the Inspector General of the National Police
exceed twelve months. If an offender, who has been discharged Service and the Director-General of National Transport Services
conditionally, commits an offence during the term fixed by the court, Authority (NTSA).
they become liable for the punishment of the original offence as well 2.12.3 Such an order is both retributive as well as rehabilitative -
as the punishment for the new offence – see the section on Totality of and can impact the offender positively. It may also contribute towards
Sentence. The court is under an obligation to inform the offender of decreasing road carnage.
the consequences of a breach of a conditional discharge.
Situational Analysis
Situational Analysis
2.12.4 This order needs to be more utilized. The implementation is
2.10.3 Where a discharge is imposed, courts are keen to state the challenging – there is no mechanism for the court to ensure that NTSA
reasons so as not to appear to be absolving the offender. has implemented the suspension. It is unclear whether NTSA has the
means to ensure that a reissue of a driving license does not occur
2.10.4 Orders discharging offenders are used sparingly, which is in
within the operational period of a cancellation or suspension. Fines are
tandem with the wording used in Section 35 of the Penal Code. the predominant sentence imposed in traffic offences.
Policy Directions Policy Direction
2.10.5 An offender should only be discharged if, in light of the 2.12.5 Certain offences require a mandatory cancellation of a
nature of the offence and their character, the offender is a suitable driving licence for a set period. For offences where a suspension is
candidate for a non-custodial sentence and a probation order is not discretionary, the courts should consider the detrimental effect upon an
appropriate. offender e.g., his or her ability to work, and any dependants. A
2.10.6 The decision of the court must be guided by the principles permanent suspension should be reserved for the most extreme cases.
Where the offence is serious enough to justify a lengthy period of
and objectives of sentencing set out in paragraphs 1.2 and 1.3 of these
suspension, then the courts should consider whether the length
SPGs.
imposed is just and proportionate, taking into account the seriousness
2.10.7 The upshot, therefore, is that a discharge, especially an of the offence and any other relevant factors as outlined in the SPGs.
absolute one, should be sparingly imposed. However, where the court
2.12.6 The principles underpinning sentencing in paragraph 1.2 of
is satisfied, in light of the circumstances that justice demands a these Guidelines must guide the court when considering whether to
discharge, then it should exercise its powers under Section 35 of the order a suspension of a certificate of competency.
Penal Code.
2.13 RESTITUTION
2.11 SUSPENDED SENTENCES
2.13.1 According to Black Law’s Dictionary, restitution is defined
2.11.1 Section 15 of the Criminal Procedure Code allows the as the return or restoration of some specific thing to its rightful owner
court, when it passes a sentence of not more than two years or status, compensation for benefits derived from a wrong done to
imprisonment, to suspend a sentence of imprisonment for a fixed another, and also compensation or reparation for the loss caused to
period of time. If the offender does not commit an offence during the another.
fixed period, then the sentence does not take effect. In the event that
the offender commits an offence during the fixed period, then the 2.13.2 Section 178 of the Criminal Procedure Code mandates the
sentence takes effect and the sentence for the second offence runs court to make orders for restitution in respect of stolen property.
consecutively with the original sentence. Situational Analysis
Situational Analysis 2.13.3 Restitution orders are not generally imposed though there
2.11.2 There is no guidance on the criteria that would justify the are some cases where courts have utilised this power. This perhaps
imposition of a suspended sentence of imprisonment. As a result, the reflects the emphasis on retribution in the sentencing process, and that
use of this option is limited and open to abuse. victims have often played a peripheral role. With the advent of the
1st September, 2023 THE KENYA GAZETTE 3797
Victim Protection Act and the increasing use of victim impact 2.15 REVOCATION OF LICENCES
statements, courts are more alive to the issues of compensation,
restitution and reparation. 2.15.1 Various statutes provide for the revocation/forfeiture of
licences upon conviction for an offence. For instance:
2.13.4 However, due to lack of adequate storage facilities in
i. Section 42 of the Alcoholic Drinks Control Act, 2010 provides
police stations and courts, property seized is not maintained in good
for the revocation of a licence in addition to any other penalty
condition and in many cases is not in a state to be returned to the
if the conditions set out in that section exist.
victim.
ii. Under section 146 (3) of the Environmental Management and
Policy Direction Coordination Act, Cap 387, the court is mandated to order the
2.13.5 Exhibits belonging to a victim or witness that are in good cancellation of any licence, permit or authorisation given under
condition/value and/or were in use by the victim or witness before the the Act and that relates to the offence.
offence, should, as far as practicable, be produced formally for the iii. Section 34 of the Food, Drugs and Chemical Substances Act,
purposes of trial as early as possible – this issue should be tackled at Cap 254, gives the court the discretion to cancel a licence
the pre-trial stage – and once produced, the item returned to the owner, issued under the Act if a person is convicted of any offence
unless ownership is an issue in dispute in the trial. This recognises the under the Act.
realities regarding poor storage facilities and lack of adequate security
surrounding such storage. It also improves public confidence and Situational Analysis
cooperation in the criminal justice process – the loss of a vehicle or a
2.15.2 Orders of the court cancelling/revoking licences are not
mobile phone by a victim or a witness to a criminal trial process that frequent.
may be measured over a prolonged period of time, can have a very
harsh impact and deter them from future engagement with the criminal 2.15.3 Owing to its impact, cancelling/revoking of a licence
justice system. serves as both a specific and general deterrent.
2.13.6 In any event, exhibits used in a trial, generally, should be Policy Directions
returned to the owner once the trial is concluded, unless, for example,
where the stolen property cannot be recovered. 2.15.4 The power to cancel or revoke a licence is in most cases
discretionary. In deciding as to whether to exercise this power, a court
2.13.7 A proper chain of command and inventory should be should be guided by the principles set out in paragraph 1.2 of these
established and maintained for the proper documentation of the Guidelines. In particular, the court should consider whether the
detained property. The officer in-charge of the police station shall revocation/cancellation of a licence would amount to an excessive
maintain the inventory. Once produced in court, the court must take punishment in view of the nature and circumstances of the offence.
responsibility for maintaining the chain of custody and shall create its 2.16 RECOMMENDATION FOR REMOVAL OF FOREIGN
own inventory of exhibits produced during court proceedings. NATIONALS (REPATRIATION)
2.14 POLICE SUPERVISION 2.16.1 Section 26A of the Penal Code allows the court to make
2.14.1 Section 18 of the Security Laws (Amendment) Act recommendations for the removal of foreign nationals who are
amends the Criminal Procedure Code and gives the court powers to convicted and sentenced to custodial sentences in Kenya. There are
order police supervision of an offender for a period not exceeding five two scenarios envisaged:
years upon release from custody in certain circumstances. i. Where a court convicts and sentences a person who is not a
citizen of Kenya to a term of imprisonment not exceeding
2.14.2 The court may impose such an order for up to five years:
twelve (12) months, it may recommend the removal of such
i. When an offender, having been convicted of an offence person immediately or on completion of the sentence.
punishable with imprisonment for a term of three years or ii. Where a court convicts and sentences such a person to a term
more, is again convicted of an offence punishable with of imprisonment exceeding twelve (12) months it shall, where
imprisonment for a similar term. the Court is satisfied that the person may be removed,
ii. When an offender is convicted of an offence that relates to recommend to the relevant minister, now relevant Cabinet
violation of conditions imposed upon offenders placed on Secretary, the removal of such person upon completion of the
police supervision. sentence.
iii. Where a recommendation for removal from Kenya is issued by
2.14.3 The court must impose such an order under Section 344A
the Court, the Cabinet Secretary responsible for matters
of the Criminal Procedure Code in respect to offenders convicted of
relating to citizenship and the management of foreign
offences under sections 296 (l), 297 (l), 308 and 322 of the Penal
nationals, the Inspector General of the Police, and
Code, the Prevention of Terrorism Act or the Sexual Offences Act. In Commissioner of Prisons shall assess the merits and
this case, the supervision is for a fixed term of five years. practicability of the order. The assessment of the order will
Situational Analysis inform whether to implement the repatriation or direct that the
person be kept and remain in police custody, prison or
2.14.4 Police supervision was previously provided for in section immigration holding facility or until his/her departure from
344A of the Criminal Procedure Code but was abolished by the Kenya in line with Section 43 (2) of the Kenya Citizenship and
Criminal Law (Amendment) Act of 2003. Its operation since its re- Immigration Act.
introduction is yet to be fully implemented.
Situational Analysis
Policy Directions
2.16.2 Repatriation orders are rarely imposed for offenders who
2.14.5 To facilitate the supervision, the court should impose are legally in the country. For offenders who are illegally in the
necessary conditions upon the offender as provided for in section 344 country, such orders are automatic, though the Ministry may intervene
(1) and section 344 A (2) of the Criminal Procedure Code. where that offender has status as an asylum seeker or refugee.
2.14.6 In respect to offenders convicted of an offence under 2.16.3 Removal from the country may have a diplomatic and
section 296 (l), 297 (l), 308 and 322 of the Penal Code, the Prevention consular effect between States. These are matters that the relevant
of Terrorism Act or the Sexual Offences Act, the court must state that Ministry will have to consider upon receipt of the recommendation of
the offender shall be under police supervision for five years on release the court. For non-citizens who are legally in the country (e.g., under
a work permit), the removal in such circumstances will be made by the
from prison. The court must also reiterate the mandatory conditions for
relevant Cabinet Secretary upon concluding that the person’s presence
the offender to comply with during the period of supervision as set out
in Kenya is ‘undesirable’ or whose presence is contrary to national
in section 344A of the Criminal Procedure Code.
interests.
2.14.7 First offenders are not liable to police supervision except 2.16.4 Failure to make such recommendations for offenders who
where they are convicted of offences under section 296 (l), 297 (l), 308 are illegally in the country, could mean that such persons are liable to
and 322 of the Penal Code, the Prevention of Terrorism Act or the be arrested upon release from custody for offences related to being in
Sexual Offences Act. Kenya, unlawfully.
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3798 THE KENYA GAZETTE 1st September, 2023
Policy Directions 3.1.7 Most children are not represented by advocates, and their
parents or caregivers are rarely involved in the committal process,
2.16.5 Where a person is illegally in the country and has no which is in contravention to Section 2 Practice Directions relating to
application for legal status either pending or anticipated, a Pauper Briefs Scheme and Pro Bono Services.
recommendation should be made.
3.1.8 Owing to the inaccurate determination of age, some
2.16.6 For offenders who are legally within the country, the “youthful offenders” committed to rehabilitation schools or borstal
making of such a recommendation should only be done after careful institutions may actually be adults. This is an issue of concern since
consideration of factors that include, but are not limited to— the law demands that children in conflict with the law must be
separated from adult offenders.
i. the nature and seriousness of the offence;
3.1.9 In cases where custodial orders are handed to children, there
ii. the immigration status of the offender; exist very few facilities for their committal with Shimo la Tewa
iii. the extent to which the nationality and status of the accused as Borstal and Shikusa Borstal, being the only available facilities catering
a foreign national played a part in the commission of the for boys, and Kamae Girls’ Borstal for girls.
offence; 3.1.10 Children committed to rehabilitations schools are
iv. the personal circumstances of the offender and the impact of sometimes sent far away from their homes as the Directorate of
such an order upon the offender, any dependents and any other Children Services has only nine rehabilitation schools classified as per
the risk level.
ties to the country e.g., a genuine and subsisting relationship
with a partner who is Kenyan, or who is legally resident in the Policy Directions
country, whether he or she is a home or business owner in
Kenya, or where the offender provides employment or other 3.1.11 Section 8 (2) of the Children Act, 2022 requires that all
benefits to the country; judicial institutions shall treat the best interests of the child as the first
and primary consideration to the extent that this is consistent with
v. where an offender has lived at least half of his/her life in Kenya adopting a course of action to safeguard, secure, and promote the
and has no social, cultural or family ties with the country of rights and welfare of the child, and secure such guidance and
return; and correction as necessary for the welfare of the child and in the public
interest. This is consistent with the Constitution considers the child’s
vi. other relevant factors as identified in Part V. best interest as the paramount consideration.
2.16.7 Factors that might tend in favour of a recommendation 3.1.12 Domestic and international laws dictate that custodial orders
might include where the offending has caused serious harm or where should only be imposed as a matter of last resort when dealing with
they are a persistent offender who shows a particular disregard for the children in conflict with the law.
law.
3.1.13 Whilst the seriousness of the offence will be the starting
2.16.8 A recommendation should be a just and proportionate point, the approach to sentence should be child-focussed rather than
response to the nature and seriousness of the offence and the offence -focussed, if the spirit of the Children Act, 2022 is to be
circumstances of the offender. applied. For a child in conflict with the law, rehabilitation should be
the main objective, wherever possible.
PART III: CATEGORIES OF OFFENDERS REQUIRING
FURTHER CONSIDERATION 3.1.14 It is important to bear in mind factors that might diminish
the culpability of a child or young person. Children are not fully
3.1 CHILDREN developed and have not attained full maturity. As such, this can impact
3.1.1 Children deserve special consideration when it comes to upon their decision making and risk-taking behaviour – it is important
for the courts to consider the extent to which the child had been acting
committal or the giving of judicial/court orders. The enactment of the
impulsively and whether their conduct has been affected by
Children Act, 2022, reflects the Constitutional and international
inexperience, emotional volatility, or negative influences. Children
obligations placed upon Kenya in handling children in conflict with
may not fully appreciate the effect of their actions on other people and
the law. may be more susceptible to peer pressure and external influences and
3.1.2 The death penalty cannot be imposed on children in also changes taking place during adolescence that can lead to
conflict with the law, nor can they be imprisoned. However, a child experimentation and risk-taking. A child’s emotional and
can be committed to a rehabilitation school or a borstal institution. developmental age may not be the same as their chronological age and
Rehabilitation schools cater for children aged from twelve to sixteen so care must be taken.
years. Borstal institutions cater for children aged fifteen years to 3.1.15 The statutory obligation under the Children Act, 2022 to
seventeen years. Other orders such as fines, probation, committing the treat the child’s best interests as the primary consideration requires the
child to a fit person for care, placement in an educational institution or court to properly examine all relevant circumstances before passing a
vocational training programme and more, are all possible options sentence. Factors regularly present in the background of children and
under section 239 of the Children Act, 2022. young people that come before criminal courts include deprived
homes, poor parental employment records, low education attainment,
3.1.3 Where the court is not satisfied with the findings with
early experience of offending by other family members, experience of
respect to the age of the offender, it should request for a further abuse or neglect and the misuse of drugs or alcohol. Special
determination before proceeding to sentence. This may take the form educational needs or emotional problems may have never been
of submissions from the child offender, his/her family or caregiver, identified. The court must seek to ensure that it has access to
medical reports, the directorate of children’s services among others as information to identify these factors and where necessary ensure that a
need be. proper assessment is conducted before a sentence is passed.
3.1.4 In determining the most appropriate sentence, the court 3.1.16 The court should, whenever possible, ensure the attendance
should be guided by the principles set out in this section alongside the and participation of the parent(s) or caregivers during committal. This
general principles and objectives of sentencing as set out in Part I. assists the court in identifying the most suitable orders. However, the
parent(s) or caregivers may be excluded from the process if it is in the
Situational Analysis
child’s best interest.
3.1.5 There are children in conflict with the law held in borstal 3.1.17 The court should also consider reasons why a child or
institutions or rehabilitation schools who are best suited for non- young person may conduct themselves inappropriately in court (e.g.,
custodial measures outlined in section 239 of the Children Act, 2022. due to nervousness, a lack of understanding of the process, a belief that
3.1.6 Orders placing children in rehabilitation schools or they will be discriminated against, peer pressure to act in a certain way
borstal institutions, when not executed on time, lead to children etc.) and take this into account.
spending considerable time in police cells and sometimes prison 3.1.18 In deciding to place a child within an institution e.g., a
facilities. This may be due to logistical/transport issues, or the lack of borstal institution, the court must be satisfied that the offence crosses
availability of an accompanying officer amongst other reasons. the custody threshold and must consider the impact of such a sentence
1st September, 2023 THE KENYA GAZETTE 3799
on their leaving their existing care arrangements as well as whether the chronic illnesses, are not adequately catered for and face undue
disposal could exacerbate any underlying issues – this is particularly hardship while in custody.
important where there are concerns about the effect on vulnerable
children with risks of self-harm including suicide. Any restriction on Policy Directions
liberty must be commensurate with the seriousness of the offence. 3.3.4 When imposing sentencing orders against terminally ill
3.1.19 In terms of practical and logistical considerations, before and elderly offenders, a court should ensure that the sentence imposed
placing a child in a particular borstal institution, the court shall be does not amount to an excessive punishment in view of the extent of
guided by a probation officer’s report on the availability of space in illness and age, as well as in light of the offence committed. In
that institution. A child should only be placed in an institution if there particular, the court should ensure that the sentence imposed does not
is available accommodation and as much as practicable, in the amount to cruel, inhuman or degrading treatment in view of the extent
institution closest to their home. of illness or age of the offender.
3.1.20 The order placing a child in a rehabilitation school or 3.3.5 Non-custodial sentences – or suspended sentences -
borstal institution must expressly indicate that the child is to be should be considered unless, in light of the nature and seriousness of
transferred to the committed institution as soon as possible but in any the offence committed and other factors, justice would demand the
event not later than 24 hours from the date of the order. imposition of a custodial sentence.
3.1.21 Where a child is not represented by an advocate of 3.4 OFFENDERS WITH MENTAL ILLNESS
choice, they are eligible for free legal representation provided by the 3.4.1 Some accused persons may come before the courts
state in accordance with the Legal Aid Act of 2016, and Practice suffering from mental illness that varies in the degree to which it
Directions relating to Pauper Briefs Scheme and Pro Bono Services. afflicts the accused. For the purposes of the Guidelines, there are three
3.2 OFFENDERS WITH DISABILITY general categories:
3.2.1 Article 54 of the Constitution recognises the right of i. Mental illness that may amount to a legal defence under section
persons with disability to be treated with dignity and to have 166 of the Criminal Procedure Code, and with application of
reasonable physical access to all places. Further, Article 29 (f) the M’Naughten Rules.
recognises the freedom from cruel, inhuman or degrading treatment. ii. Mental illness that does not amount to a legal defence may
Article 14 of the UN Convention on the Rights of Persons with nevertheless require consideration in determining the ability of
Disabilities requires States to ensure that persons who are detained are an accused person to understand the proceedings against him.
accorded reasonable accommodation. These provisions have a bearing
on the sentences imposed upon offenders with disability. The sentence iii. Finally, mental illness that doesn’t fall into the above two
imposed must not amount to cruel, inhumane or degrading treatment in categories may nevertheless impact the kind of sentence that
view of the disability and the facilities available with respect to the court should impose in determining a just and proportionate
custodial sentences. response to the crime committed.
Situational Analysis 3.4.2 It is important that these distinctions are made.
3.2.2 The prisons infrastructure does not sufficiently 3.4.3 For offenders suffering from a mental illness that
accommodate persons with disability. In effect, where the extent of amounts to defence, section 166 of the Criminal Procedure Code
disability is high, the offenders suffer undue hardship, which makes provision for where the court makes a finding of ‘guilty but
sometimes amounts to inhuman and degrading treatment. There is a insane’. Here, the law provides that the court must order the offender
need to enhance accessibility and accommodation for persons with into custody whilst awaiting the President’s order. The court has the
disability in prisons. discretion as to the place and manner of custody during this period.
Under section 166 (3) of the Criminal Procedure Code, the President
Policy Directions may then order that the person be detained in a mental hospital, prison
3.2.3 When imposing sentencing orders against offenders with or other suitable place of safe custody. In such circumstances, the
disability, the court should ensure that the sentence imposed does not order committing an offender with mental illness to safe custody is
amount to an excessive punishment in light of the extent of disability, accompanied by a regular review mechanism. The review is
and considering the offence committed. In particular, the court should undertaken through the aegis of the officer in charge of the institution
ensure that the sentence imposed does not amount to cruel, inhuman or keeping the offender in safe custody, with the first review coming
degrading treatment in view of the extent of disability of the offender. three (3) years after the initial committal and subsequently after every
Consideration should be given to suspended sentences and other non- two years.
custodial sentences that can adequately reflect the seriousness of the 3.4.4 Where improvement is noted in the follow-up evaluation
offence whilst also serving the other aims of sentencing. Depending of the offender, the same should be brought to the attention of the
on the extent of disability, a doctor’s report may be required to have President for further appropriate orders including discharge where
regard to the type of care, nutrition and treatment that may be required. applicable.
3.3 TERMINALLY ILL AND ELDERLY OFFENDERS 3.4.5 For accused persons who cannot understand the
AND OFFENDERS WITH CHRONIC ILLNESS proceedings against them as a result of a mental illness, Section 167 of
3.3.1 As with the case of offenders with disability the the Criminal Procedure Code makes provision for cases where the
consideration should be whether in view of the illness or age, the accused person cannot understand the proceedings against him. The
sentence rendered is excessive. There are two dimensions worth provisions are largely the same although notably, the review
considering. Firstly, whether the illness or old age would cause the mechanism is not provided for.
offender to experience undue and unjustifiable hardship in custody and 3.4.6 No statutory guidance, however, exists relating to
whether the conditions in custody would be termed inhuman bearing in situations where the accused person suffers from mental illness that
mind the offenders’ state. Secondly, whether the offender’s condition does not amount to a legal defence or affect his/her understanding of
is one that would cause undue burden on other offenders and/or prison proceedings but nevertheless presents a relevant issue at the time of
officers taking care of them. sentencing.
3.3.2 Article 57 of the Constitution affirms the right of older Situational Analysis
members of society to live in dignity. The sentence imposed on them
must therefore not undermine this right. Mental disorder amounting to a defence or where the accused
cannot understand the proceedings against him by virtue of a mental
Situational Analysis illness
3.3.3 The Kenya Prisons Service has made a good attempt at 3.4.7 A finding of ‘guilty but insane’ has divided the Judiciary
addressing the needs of HIV/AIDS positive offenders. However, other on the legal soundness of such a finding. Emerging jurisprudence has
offenders with terminal illnesses such as those in need of called for urgent reform on this issue.
chemotherapy for cancer treatment; hypertension; diabetes or other
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3800 THE KENYA GAZETTE 1st September, 2023
3.4.8 Further, jurisprudence has further raised doubt over the 3.4.19 On the question of sentence following findings under
constitutionality of the procedure that follows a finding of ‘guilty but Sections 166 or 167, the court must be guided by relevant expert
insane’, or where the accused cannot understand the proceedings. opinion based on the thorough examination of the offender. Among
Concerns have been raised over the issue of holding such a person other things, courts should specifically request for advice on the
under ‘Presidential Order’ under these sections. treatment and care regime suitable for the offender.
3.4.9 In particular, the courts have found that the vesting of 3.4.20 The court should then determine where the offender
discretion on the President on how the accused is to be treated after a
should be placed and give a direction that he or she be detained until a
conviction is inimical to the fundamental duty of the Judiciary to
psychiatrist responsible for that facility, at such time certifies the
determine guilt and determine the terms of how the accused person
serves a sentence. In the case cited, the court ordered the accused to be offender as no longer a danger to society. The court should expressly
sent to a mental hospital and left it to the psychiatrist in charge of the state that upon making such a finding, the psychiatrist responsible for
hospital to certify, at such time as was appropriate, when and if the the facility must refer the matter back to the court before any release is
accused was no longer a danger to society. In Republic v ENW [2019] made for further directions/order. This would also apply where
eKLR, a distinction was drawn under section 166, between the judicial treatment is failing, whereupon the court may make further orders on
function to pass sentence, a reserve of the judicial process, and the treatment.
executive responsibility of the President regarding the power of mercy.
In conclusion, the court found that it was expedient and judicious to For offenders with mental illness who do not understand the
give a determinant sentence in cases concluded under sSection 166 (1) proceedings against them
of the CPC. After so doing, the court becomes functus officio, and
3.4.21 For accused persons that fall under section 167 of the
should let the Executive carry out its responsibility under section 166
(2) to (7) of the CPC. Criminal Procedure Code (namely those that do not understand
proceedings by virtue of mental illness), Section 167 (4) of the
3.4.10 The Court of Appeal in Wakesho v Republic (Criminal Criminal Procedure Code gives an opportunity for the court to make
Appeal 8 of 2016) [2021] KECA (KLR) essentially followed this recommendations on a suitable intervention. This provision should be
approach by ordering the offender who had been in custody to be sent utilised to address the lack of any review mechanism expressed under
to a mental hospital until such time a psychiatrist, responsible for Section 167. The court should in such a case recommend a more
his/her care, certified the offender as no longer a danger to society. responsive review timeline and care regime for implementation by the
3.4.11 However, what happens thereafter is unclear. Does the relevant care agency based on a comprehensive expert report in the
psychiatrist order the offenders’ release? Does it require a referral back terms outlined in paragraph 3.4.19 above. Similar directions as
to court? Is there any question of the accused then being sent into outlined in paragraph 3.4.20 above should also be given.
custody to serve a sentence?
Sentencing offenders with a mental disorder
3.4.12 Further concerns have arisen on the implementation of
the review mechanism under Section 166 in that it falls short of the 3.4.22 For all other cases that do not fall within Sections 166 or
standards expected of the treatment of persons with mental illness. A 167, where it appears that the offender is or appears to be suffering
first review coming three (3) years after committal to safe custody is from a mental disorder at the time of sentencing, the court must obtain
an inordinately long period for an enquiry into the safety and a medical report before passing a sentence unless the court considers it
wellbeing of an offender with mental illness. unnecessary to do so e.g., if existing, reliable and up to date
information is available. Where conditions are progressive, the impact
3.4.13 For persons committed to safe custody under Section 167 of the sentence may also require expert opinion particularly where
of the Criminal Procedure Code, the lack of provision for any review
custody is being considered.
mechanism clearly falls markedly short of the fair and just treatment
expected of persons who lack the capacity to understand legal 3.4.23 In determining the sentence, courts will naturally assess
proceedings or the consequences of their actions. culpability – see the section on GATS in Part V. Culpability may be
3.4.14 The lack of a cogent treatment and care regime and reduced if at the time of the offence the offender was suffering from a
adequate confinement facilities for the categories of offenders mental disorder and provided that there is a sufficient connection
highlighted above exposes them to the possibility of worsened mental between the offender’s disorder, and the actual offending behaviour.
illness and physical deterioration. Whilst expert testimony can be very helpful on this issue, the court is
not bound to follow that opinion if there are compelling reasons to set
Where a ‘mental disorder’ becomes a relevant issue upon it aside in which case the court must state those reasons. If the court
sentencing considers that culpability should be reduced, it must provide the
3.4.15 A ‘mental disorder’ is a catch-all for mental illness and reasons and the extent of that reduction. Relevant factors in this
developmental disorders. Examples might include schizophrenia, context may include but are not limited to:
bipolar disorder, Post-Traumatic Stress Disorder (PTSD), or
depression. Developmental disorders are conditions that may be i. Whether at the time of the offence, the offender’s disorder
apparent at birth or might manifest in a way that means the individual causes them to behave in a disinhibited way.
never quite fitted in with the average behavioural range. Autism is one ii. Where an offender was failing to take medication prescribed
example as might be a personality disorder such as being exceptionally
for the disorder at the time of the offence, the court must
anxious, obsessive or paranoid, or where the person has a severe
generalised intellectual disability (low IQ) and cannot live consider the extent to which that failure was wilful or arose as
independently. Other disorders may also be relevant such as dementia, a result of the offender’s own lack of insight into their mental
Alzheimer’s or an acquired brain injury. The symptoms may not be disorder.
full blown at the time of sentence, but some disorders are progressive
iii. Was the offender ‘self-medicating’ with alcohol or non-
and may be exacerbated by a period of imprisonment.
prescribed or illegal drugs at the time and did that make it
3.4.16 Situations will arise where the courts are sentencing worse? If so, the court should consider the extent to which the
offenders who, at the time of passing a sentence, have a mental offender was aware that would be the effect.
disorder, neurological impairment or development disorder that does
not amount to a defence and equally does not impact their ability to 3.4.24 If the court considers a custodial sentence is merited, the
understand the proceedings. No guidance currently exists on how the court must consider the impact of the mental disorder when assessing
courts should approach this issue. the length of sentence. This is because the sentence may exacerbate the
effects of the disorder. When a custodial sentence is passed, the report
3.4.17 There are no mental health institutions/facilities for and any other relevant information concerning the offenders physical
children with mental illness in Kenya. and mental health should be forwarded to the prison to ensure they
Policy Directions have the appropriate information and can ensure the welfare of the
offender.
For offenders who are found ‘guilty but insane’
3.4.25 Courts must take particular care to ensure that the
3.4.18 The cases cited in the footnotes above make clear that the offender understands the sentence and what will happen if they
basis for any finding of ‘guilty but insane’ must be clearly expressed reoffend or breach the terms of community service, probation, or
by the courts, pending further clarification and/or amendment in the suspended sentence order.
law.
1st September, 2023 THE KENYA GAZETTE 3801
3.5 PREGNANT AND LACTATING FEMALE 4.1.1 THE OFFICE OF THE DIRECTOR OF PUBLIC
OFFENDERS PROSECUTION
3.5.1 The law protects pregnant offenders from receiving the 4.1.1.1 The Office of the Director of Public Prosecution (ODPP)
death penalty. The decision on the appropriate sentence for a pregnant bears the duty:
offender usually raises issues related to the welfare of the unborn
i. To draw to the attention of the court all issues that would
child. Thus, the best interest of the child becomes an important
impact upon the sentence including aggravating or mitigating
consideration. circumstances, the previous record of the offender and victim
Situational Analysis impact statements.
3.5.2 There are pregnant and lactating offenders who are ii. To submit to the court on relevant provisions of the law and
imprisoned yet are suitable candidates for non-custodial sentences. judicial precedents that should be considered when sentencing.
The majority of pregnant and lactating offenders are imprisoned for iii. To draw to the attention of the court any other issue that would
terms of three years and below. impact upon the sentence, such as the presence of witnesses
3.5.3 The Kenya Prisons Service seeks to offer reasonable under the protection of the Witness Protection Agency.
services to pregnant offenders and the children born in custody. Situational Analysis
However, there are financial challenges and significant concerns
concerning the upbringing of children born and raised in the prison 4.1.1.2 Typically, prosecutors inform the court whether the
environment. accused person is a repeat offender and sometimes implore the court to
impose a harsh sentence.
Policy Directions
4.1.1.3 It emerges that, in many cases, the prosecutors do not have
3.5.4 Where the court is satisfied that an offender is pregnant information on the offenders’ past convictions, and hence ask the court
or lactating, and in the absence of any aggravating features, it should to treat offenders as first-time offenders. Unfortunately, some of those
consider imposing a non-custodial sentence unless the seriousness of offenders are recidivists. This is attributed to the lack of digital police
the offence and other factors demand a custodial sentence for justice to records.
be served. This is in keeping with international conventions and best
Policy Directions
practice on the topic.
4.1.1.4 The Prosecutor should ensure that the offender’s accurate
3.5.5 The court should direct that a file is opened for a child of
criminal record is obtained before the trial is concluded.
a lactating offender to go hand in hand with the criminal file for
purposes of keeping track of the child. 4.1.1.5 Prosecutors should adequately and objectively guide the
court by effectively dispensing with the duties listed above.
3.6 INTERSEX PERSONS
4.1.2 CHILDREN OFFICERS
3.6.1 For long, the plight of intersex persons had been ignored,
exposing this group of vulnerable persons to numerous human rights 4.1.2.1 When sentencing children in conflict with the law (the
violations. ‘child’), the court will usually rely on the probation officer to produce
a pre-sentence report. However, occasionally the courts may ask for a
3.6.2 However, Kenya is making significant strides in social enquiry report from the Directorate of Children’s Service to
addressing the needs of intersex persons. For instance, section 21 of provide more information. This will be conducted by a children’s
the Children Act, 2022 makes particular reference to intersex children officer who bears the duty to provide accurate, objective and reliable
and their right to be treated with dignity. Further, section 144 (z) of the information about the child offender that would assist the court in
same Act now provides that intersex children who may be at risk of reaching the most appropriate sentence. The officer should gather
their rights been violated be categorized as children in need of care and information from all the parties involved to avoid biased information
protection. The National Police Service Standing Orders Chapter 5 and/or conclusions. Information to be obtained as part of such a report
Rule 15 (4), makes provision for detention of intersex persons in might include, but is not limited to–
police custody. The Persons Deprived of Liberty Act, 2014 contains
specific provisions on the protection of the human rights of intersex i. the circumstances under which the offence was committed;
offenders and the need to ensure separate confinement. ii. the child’s background;
3.6.3 In addition, intersex persons are officially recognised as a iii. the child’s family ties;
third gender in Kenya, as evidenced in the Census of 2019 in which
Kenya became the first country in Africa to recognise and collect data iv. the child’s past criminal history;
on intersex persons.
v. the child’s health status;
Situational Analysis vi. the child’s social status;
3.6.4 In 2017, a Taskforce on the Policy, Legal, Institutional vii. the child’s attitude towards the offence/remorsefulness;
and Administrative Reforms regarding Intersex Persons was
established partly informed by the outcome of R.M. vs AG case and 4 viii. the likelihood of the child reforming.; or
Others (2010) eKLR and Baby A’s case. The handling of intersex
persons still remains a very practical challenge for Kenya’s criminal ix. any other relevant information such as availability of space in
justice system. borstal or rehabilitation school concerning children.
Situational Analysis
Policy Directions
4.1.2.2 The role of children’s officers in the sentencing process is
3.6.5 The court should give appropriate directions, taking into
not clearly understood. Probation officers are routinely used for the
account all the relevant circumstances, in the sentencing or committal
preparation of pre-sentence reports in relation to children in conflict
orders relating to intersex persons to ensure the protection of their
with the law. The added value of a social enquiry report prepared by a
dignity and their physical person particularly when they are committed children’s officer has not been fully recognised. Having said that,
to custodial sentences. resource challenges have been cited in the delivery of such reports and
PART IV: THE SENTENCING PROCESS the availability of enough qualified children’s officers to assist the
courts in this way.
4.1 THE ROLE OF CRIMINAL JUSTICE ACTORS IN
SENTENCING Policy Directions
The sentencing process commences once a person has been 4.1.2.3 To pass a just sentence, it is vital that the court receives and
considers relevant information. This is particularly important when
convicted and the court begins to consider the sentence to be imposed.
sentencing children in accordance with the principles and policy
The following parties have a role to play in the sentencing process:
directions set out in these Guidelines. Accordingly, the court should
3802217
3802 THE KENYA GAZETTE 1st September, 2023
always give consideration to the need for a social enquiry report before ii. circumstances which would make a particular form of sentence
proceeding to sentencing. While appreciating that such reports are not inappropriate;
binding, the court should give reasons for departing from any
recommendations therein. iii. any information that may have a bearing on the sentence
including a commitment to restorative justice measures such as
4.1.2.4 Children officers must provide accurate information and compensation, restitution of and reconciliation with the victim;
should endeavour to uphold the principles of accountability and
transparency. Offering inaccurate information shall attract iv. the reception towards rehabilitative efforts;
administrative sanctions and potentially criminal prosecution. The
court may seek clarity on information provided either orally or through v. relevant provisions of the law and judicial precedents that
the reports. should be taken into account when sentencing; or
4.1.3 PROBATION AND AFTERCARE SERVICE (PACS) vi. Any other relevant issue that has a bearing on sentencing.
4.1.3.1 PACS implements two primary laws namely the Probation Situational Analysis
of Offenders Act CAP 64 and the Community Services Orders Cap 93. 4.1.4.3Where offenders are not represented by advocates, many of
Probation officers bear the duty to provide factual, unbiased, objective them fail to understand what is required in terms of mitigation. In
and reliable information about the offender, victim and the community many cases, they fail to provide information that may impact on the
which would assist the court to determine the most appropriate
sentence, opting to remain silent or giving irrelevant information.
sentence.
Policy Directions
4.1.3.2 The sentencing options recommended by probation officers
include Probation Orders, Community Service Orders and committal 4.1.4.4 Upon conviction, the court shall invite the offender to
to statutory penal institutions for children and youth. make submissions before proceeding to consider the sentence. This is
4.1.3.3 The recommendations guide the court on the statutory especially so for the unrepresented. Whereupon the court should guide
institutions to commit an offender based on law, the age of the child the offender on what is required of them at this stage. This may take
and the programmes available as follows: the form of a question-and-answer approach as the court sensitively
extracts relevant information from the offender.
Primary
Agency Institution Age 4.1.4.5 The offender’s replies, including opting to remain silent
Legislation
Department of Rehabilitation 12 - to Children’s Act should be recorded.
Children school below 16 2022 4.1.4.6 The offender should be given an opportunity to challenge
Services years or respond to any issue raised by the other parties that impacts on the
Probation and Hostel 12 and Probation of punishment including reports submitted towards sentencing.
Aftercare above Offenders Act
Service Cap 64 4.1.5 THE VICTIM
Kenya Prisons Borstal Institution 15- 17 years Borstal
Service Institutions Act 4.1.5.1 The victim is entitled to submit their views on the
Cap 92 appropriate sentence. This includes the impact of the crime, needs
Youth Corrective 17- 21 years Prisons Act Cap arising from the crime or other sentiments such as a desire to reconcile
Training Centre 90 with the offender. Where a victim wishes to submit views, the court is
obligated to hear them.
Situational Analysis
4.1.5.2 The victim`s views can be submitted by a legal
4.1.3.4 As identified in Part II above (‘Probation Orders’), PACS is representative or an intermediary as envisioned in the Constitution if
not well resourced through the budget making process to allow them to they so wish.
conduct their duties effectively. Challenges to the recommendations
and findings are sometimes made by offenders on the basis that they 4.1.5.3 Victim impact statements can be filed by or on behalf of
are inaccurate or have been made without proper interview of the the victim, including by the prosecutor. These statements provide
parties involved. particulars of the personal harm suffered by the primary victim or,
where the primary victim is deceased, particulars of the impact of the
Policy Directions primary victim’s death on their dependants, family or community.
4.1.3.4 It is vital that the court receives and considers relevant Situational Analysis
information. The court should, as a matter of course, request a pre-
sentence report in appropriate cases. The court should be guided by the 4.1.5.4 Typically, victims have been placed in the periphery of
pre-sentence reports presented and should be satisfied that the enquiry the sentencing process with participation largely limited to their role in
has been adequately conducted for the purposes of sentencing. While the trial process as witnesses. They are, on many occasions, not
appreciating that pre-sentence reports are not binding, the court should informed of the progress in the case.
give reasons for departing from the recommendations therein.
Policy Directions
4.1.3.5 The offender, whether an adult or a child, should be
interviewed by the probation officer. In addition, where victims are 4.1.5.5 The court should provide hearing notices to the victims to
available and willing, they should also be interviewed. This avoids attend the sentencing hearing, but their reluctance to participate should
allegations of bias on one side. be respected.
4.1.3.6 Probation officers must provide accurate information and 4.1.5.6 Before sentencing, a court should enquire whether victim
should endeavour to uphold the principles of accountability and impact statements will be submitted. Victim impact statements are not
transparency. Offering inaccurate information shall attract mandatory. Where submitted, they, together with views submitted by
administrative sanctions and potentially criminal prosecution. The the victim, should be considered in determining the sentence to be
court may seek clarity on information provided either orally or through imposed.
the reports.
4.1.5.7 At the beginning of the sentencing hearing, the court
4.1.4 THE DEFENCE should inform the victims of their right to express their views and that
the court would give them an opportunity to do so after hearing
4.1.4.1 The offender may be represented or unrepresented.
submissions from the prosecution and defence.
4.1.4.2 The defence should bring to the attention of the court—
4.1.5.8 Participation of the victim at this stage is voluntary and
i. any mitigating and other circumstances which should be taken the court should keep the victims informed of this position. In
into account including evidence of the remorsefulness of the achieving the objectives outlined in Part I, the impact upon the victim
offender as well as the positive attitude of the offender towards may be a particular consideration on the issue of reconciliation and
rehabilitative efforts where applicable; reintegration.
1st September, 2023 THE KENYA GAZETTE 3803
4.1.6 THE WITNESS PROTECTION AGENCY 4.3.7 The reduction in sentence for a guilty plea can be taken into
account by imposing one type of sentence rather than another – for
4.1.6.1 Where there is a protected witness under the witness example, by reducing a custodial sentence to one of community
protection programme, issues relating to the place of imprisonment, or service or reducing community service to a fine.
where a non-custodial sentence is passed the WPA must be notified.
This is also the case where the offender is transferred from one place 4.3.8 Where an offender has indicated a plea to a lesser or different
of custody to another or is afforded early release. This is to ensure that offence which is not accepted by the prosecution or the court, but is
witnesses remain protected. then later convicted of that lesser offence, the court should give a level
of reduction that is appropriate to the stage at which that indication of
4.2 CONDUCTING THE SENTENCING HEARING
plea was given.
4.2.1 Prior to scheduling a sentencing hearing, the court should
confirm whether the accused person has received the requisite reports 4.3.9 In the case of a mandatory minimum sentence, the discount
within a reasonable time to be able to prepare for the sentencing cannot go below that minimum term set by statute.
hearing. The court should schedule a hearing in which it receives 4.4 PLEA BARGAINING
submissions that would impact on the sentence from all relevant
persons and agencies. Whilst the pertinent information is typically 4.4.1 Plea bargaining is an alternative to trial with the purpose
contained in the pre-sentence reports, and particularly probation being to expedite the administration of justice in accordance with
reports in accordance with the Probation of Offenders Act, Cap 64, the Article 159 (1) (d) of the Constitution.
hearing provides the court with an opportunity to examine the
information and seek clarity on all issues. 4.4.2 A prosecutor and an accused person or his representative may
negotiate and enter into an agreement for the reduction of a charge to a
4.2.2 The sentencing hearing also provides the offender with an lesser included offence; the agreement of a basis of facts in relation to
opportunity to submit on any adverse information that would be the current charge, or the withdrawal of the charge or a stay of other
prejudicial to him/her. This is in keeping with the spirit of the charges or the promise not to proceed with other possible charges.
Constitution that guarantees the offender the right to a fair hearing.
Situational Analysis
4.2.3 Section 39 (13) of the Sexual Offences Act No.3 of 2006
requires that Registrar of the High Court shall maintain register with 4.4.3 Plea bargaining is yet to be effectively embraced in the
respect to sexual offenders. Prosecutors, police and the courts should justice system. The unpredictability of sentencing outcomes is seen as
peruse that register for convicted sexual offenders in exercise of the one of the reasons for the reluctance of accused persons and
supervision of dangerous sexual offenders and to be aware of past prosecutors to enter into such agreements. There is need for robust
perpetration of such an offence by an accused person that may be sensitization on justice sector actors and active support by judicial
material to the determination of sentence. Indeed, under that provision, officers and judges where necessary.
any person who has reasonable cause to so do, may access that
register. Policy Directions
4.3 ACCUSED PERSONS PLEADING GUILTY 4.4.4 Where satisfied about the lawfulness of a plea-bargaining
agreement, courts should be guided by the recommendations therein.
4.3.1 Although a guilty person is entitled not to admit the offence
and to put the prosecution to proof of its case, an acceptance of guilt, 4.4.5 Where a court determines that there are compelling reasons
reflected in a guilty plea— to deviate from the terms proposed in the agreement it shall state so
and qualify its reasons.
i. normally reduces the impact of the crime upon the victims;
4.4.6 Where a plea-bargaining agreement is accepted, the court is
ii. saves victims and witnesses from having to testify; and still left with a discretion on the issue on sentencing. The court should
then still follow the guided approach to sentencing and a discount for
iii. is in the public interest in that it saves public time and money
guilty plea – because of the benefits highlighted above – should be
on investigations and trial.
afforded.
4.3.2 In order to maximise these benefits, and to provide an
incentive to those who are guilty to indicate a guilty plea as early as 4.5 DETERMINATION OF THE SENTENCE
possible, this guideline suggests that a reduction in sentence should 4.5.1 In determining the appropriate sentence, courts must assess a
always follow upon a guilty plea. number of issues starting with the degree of both culpability and harm.
4.3.3 However, an accused person should never be pressured to 4.5.2 The assessment of culpability will be based on evidence of
plead guilty. the crime provided through testimony where a trial has been
Situational Analysis conducted, or, where a plea is entered, through the prosecution
summary of facts. Aggravating and mitigating features surrounding
4.3.4 An offender’s guilty plea rarely impacted on the decision of the offence may be advanced by the prosecution and the accused
the courts in the past. This is because of underlying perceptions that person (or his/her representative).
such consideration would be tantamount to ‘rewarding’ an offender.
However, today, the discounting of sentences on this basis is 4.5.3 Where an offence is committed by more than one offender a
considered acceptable; this is because aside from the aforementioned court shall ascertain the culpability of each of the offenders involved
benefits to the victims and the criminal justice system, it is a clear and render individual sentences commensurate to their involvement in
expression of the willingness on the part of the offender to take the offence.
responsibility for their actions. In addition, an early plea of guilty
increases the chances of positive outcomes of reconciliation and re- 4.5.4 The assessment of harm may be based on testimony, or the
integration of the offender. summary of facts presented and also by a victim impact statement
where that has been obtained.
Policy Directions
4.5.5 Mitigating factors refers to any fact or circumstance that
4.3.5 The court must remain guided by the overall objective, which lessens the severity or culpability of a criminal act and can also include
is the conviction of the guilty. It, therefore, shall satisfy itself that the the personal circumstances of the offender.
accused person fully understands what pleading guilty means and the
effect of pleading guilty. 4.5.6 Convicted offenders should be expressly provided with the
opportunity to present submissions in mitigation.
4.3.6 Where courts are satisfied that it is safe to accept a plea of
guilty, they should grant a discount after considering the appropriate 4.5.7 A list of aggravating and mitigating circumstances – which is
sentence based on culpability and harm specific to the offence not exhaustive – is contained within the GATS along with those
alongside other aggravating and mitigating features. Once the court specific to murder, manslaughter, and wildlife cases, in Part V.
has arrived at that sentence, a discount of up to one third of the
4.5.8 Having heard all relevant submissions and considered any
sentence should be applied where the offender has pleaded guilty at
reports advanced by either prosecution or defence, or the probation or
the earliest opportunity. Thereafter, e.g., where an offender has
children’s officer (where applicable), and any victim impact statement,
pleaded guilty just before, or during trial, a lesser reduction may be
afforded. the court should:
3804217
3804 THE KENYA GAZETTE 1st September, 2023
i. Decide as to whether a custodial or a non-custodial sentence concerning the accused person that should indicate any relevant and
should be imposed in line with these guidelines. present vulnerability of note that is applicable to them directly or
connected third parties. In addition, courts may in some cases request
ii. In the case of sexual offences, before the terms of a custodial for recommendations on sentencing.
sentence are determined, the court must have recourse to
relevant probation reports as required in sections 39 (2) and (4) 4.7.8 Often, the accused person or connected third party
of the Sexual Offences Act No. 3 of 2006 that contain dependents suffer for lack of an appropriate mechanism to ensure that
provisions about post-penal supervision of dangerous sexual the vulnerabilities arising from the accused person’s incarceration are
offenders. addressed promptly. This is important in minimizing suffering in the
case of accused persons in need of specific and ongoing treatment such
4.6 PRONOUNCEMENT AND FORM OF JUDGMENT
as dialysis as well as a long-term healthcare plan. The same applies in
4.6.1 The sentencing process forms part of the trial and is therefore the case of children, senior citizens and other family members of ill-
subject to the fair hearing constitutional guarantees. The sentence must health who are solely dependent on the accused person. For these
be pronounced without unreasonable delay. The judgment must clearly reasons there is need for protection orders that prevent deterioration in
set out the reasons that informed the sentence. This includes the factual specific vulnerabilities caused by the sentencing decision to
grounds and legal provisions that led to the sentence and these should incarcerate an accused person.
be pronounced in open court. Care must be taken to explain the
sentence to the offender in line with these Guidelines. 4.7.9 Similarly, communities have paid the price for being
oblivious to the dangers posed by released offenders in their midst
4.6.2 Where a court departs from these Guidelines, it must give having continued or unresolved offending behaviour such as
reasons. dangerous sex offenders and murderers. Post-penal supervision orders
are necessary in such cases to protect the public from the harmful
4.6.3 Copies of the judgment should be availed to the accused
consequences thereof through the release of the offender into a
person, victim and witnesses, and the Witness Protection Agency
supervision programme by relevant agencies. Such post-penal
where necessary.
supervision is aimed at protecting the released offender from
4.7 PROTECTION AND POST-PENAL SUPERVISION deterioration in their offending behaviour as well as from the vengeful
ORDERS acts of a furious public.
4.7.5 Post-penal supervision orders are targeted towards the 4.8.3 The legislative framework on the death penalty and more so
released offender with the benefits intended for both the released the mandatory nature of the penalty has been defined and applied
offender and the public. Continued supervision of the released differently by various courts pursuant to Muruatetu I, contributing to
offender is aimed at boosting the success of their rehabilitation and disparities in the resentencing processes and decisions.
integration processes. It is also aimed towards the protection of the
public from the dangers posed by yet to be fully rehabilitated or 4.8.4 In conducting resentencing, it has been observed that some
incorrigible released offenders such as dangerous sexual offenders and courts have not been requesting a resentencing report that would be
murderers among others. important in reaching an informed determination of the suitable
sentence.
4.7.6 Post-penal supervision orders are carried out upon the release
of the offender from custody e.g., the supervision of dangerous sexual 4.8.5 There is no clarity with respect to which category of
offenders as outlined in paragraph 4.2.3 offenders can apply for resentencing hearing.
Situational Analysis 4.8.6 The timelines and process for a resentencing application are
unclear to all relevant stakeholders including offenders.
4.7.7 Courts routinely request for pre-sentence reports as a guide
for the award of both custodial and non-custodial sentences. In this 4.8.7 There is a lack of clear guidance on the jurisdiction of the
regard, they may request the inclusion of specific information resentencing court.
1st September, 2023 THE KENYA GAZETTE 3805
4.8.8 There is a need for new guidelines to indicate aggravating thereupon forward the petition and copies to the Registrar of the
and mitigating factors that a sentencing court may take into account in Sentencing Court.
determining whether to impose a sentence of death, or where to ‘pitch’
the length of any term of imprisonment that may be imposed upon D. Presentation of Mitigating and Aggravating Factors in
conviction for murder. Resentencing Hearings
4.8.9 There is a lack of clarity on the right of appeal – or its 4.8.20 The Sentencing Court shall be guided by the sentencing
process - upon a resentencing decision. principles and objectives set out in Part I of these the Guidelines in all
resentencing hearings. The following mitigating factors were set out
4.8.10 There is a lack of guidance on the right to revision as by the Supreme Court as particularly relevant in a resentencing
guaranteed in the criminal procedure code. hearing:
4.8.11 The courts continue to experience the challenge of missing i. Age of the offender.
and incomplete files. There needs to be guidance regarding how the
court should approach the issue of resentencing in such cases. ii. Being a first offender.
4.8.12 Offenders appearing for resentencing hearing continue to iii. Whether the offender pleaded guilty.
do so mostly without legal representation amid the complexities of the iv. Character and record of the offender.
resentencing process.
v. Commission of the offence in response to gender-based
4.8.13 The parameters of what constitutes life imprisonment are violence.
unclear i.e., whether life means life in prison, or whether ‘life’ might
be a determinate period, set by the court, after which the offender vi. Remorsefulness of the offender.
becomes eligible for release.
vii. The possibility of reform and social re-adaptation of the
Policy Directions offender.
A. Who can Apply for Resentencing? viii. Any other factor that the court considers relevant.
4.8.14 All convicts as specified in the relevant instructing ix. Time already spent in prison by the convict.
instrument.
x. Duress, provocation, less participation in the offence
In the case of murder convicts: (including progressive provocation).
a) All offenders convicted of murder who have been subject to xi. Any attempt to make reparation for the offence.
the mandatory death penalty and desire to be heard on sentence
as at the time of the Supreme Court’s decision (14 December 4.8.21 As in any sentencing hearing, proper investigations must
2017). address the above factors. This may be done by way of, for example, a
pre-sentence report, completed by PACS, any victim impact statement,
b) All offenders sentenced to death for murder after the decision a witness protection report (where relevant), and a report from the
in Muruatetu but without regard to or compliance with the prison where the convict was in custody.
court’s declaration (i.e., not taken into account mitigating
factors). 4.8.22 Finally, the Sentencing Court has a duty to ensure
applications made are robust and present sufficient information in
mitigation for there to be a true consideration of all the circumstances.
The information to be presented includes but is not limited to:
4.8.15 Capital offenders in murder cases whose sentence has been
commuted to life imprisonment cannot apply for resentencing where i. The circumstances under which the offence was committed.
mitigation had been considered. However, Article 50 (6) of the
Constitution can be invoked by convicts who have gone through the ii. If charged and convicted with others, the precise role the
offender played in the commission of the offence and the
entire appellate process to petition for a retrial.
overall impact of their role in the harm suffered by the
B. Timelines for a Resentencing Application victim.
issues that are not directly relevant to the offence (such as assistance Step 5: Determine the Sentence
given to the investigation) or previous relevant convictions. This may
raise or reduce the ‘moral culpability’ of the accused. Taking into account all of the above factors, the court will then
determine the applicable sentence.
5.1.14 In taking these factors into account, the court may be
persuaded to move up or down WITHIN the range of sentence Example: The statutory maximum on actual bodily harm is 5 years.
applicable (e.g., to the bottom end of the ‘red’ range), or even to move ‘Red’ would mean a sentence in the top 25% of the table which
to a different bandwidth on sentencing altogether. It is for the court to translates into a sentencing range of anywhere from 3.75 years to 5
determine how much weight should be assigned to the aggravating or years. After hearing mitigation, the court may decide to impose a
mitigating features presented. Not all factors that apply will sentence at the lower end of this range at 3 years and 8 months.
necessarily influence the sentence.
‘Amber’ would mean a sentence between the midway point of 5
5.1.15 The common mitigating factors include: years (2.5 years) up to 3.75 years. After hearing additional factors in
particular previous convictions for violence, the court may decide to
• Absence of any prior convictions or absence of any
impose a sentence of 3 years.
relevant/recent convictions.
‘Green’ would mean anywhere from high level of community
• Is there evidence of the accused’s good character or exemplary service up to 50% of the statutory maximum which is 2.5 years. After
conduct? hearing mitigation, the court might decide to impose a sentence of
• Has the accused demonstrated or expressed remorse evidenced community service.
by, for example, cooperation with the authorities, an apology, ‘Blue’ from a fine, to probation, community service or up to 25%
or an offer for reconciliation? of the statutory maximum which is 1.25 years. After hearing
• Did the accused self-report? additional information, the court might decide to impose probation.
• Was there minimal or no planning involved in the commission Step 6: Apply any Reduction for a Guilty Plea
of the offence? 5.1.17 Although the Court has the discretion to consider the extent
to which a guilty plea should impact the sentence, it should consider
• If acting with others, was the accused in a lesser or subordinate
the following standards:
role or did the accused perform a limited role under the
direction of others? • If the accused person pleaded guilty at the earliest opportunity,
the sentence arrived at in Step 5 should now be reduced by
• Did the offender become involved through coercion, one-third. So, a sentence of 3 years would then be reduced by
intimidation, or exploitation that did not rise to an affirmative 1 year.
defence?
• If the accused pleads guilty after pleading not guilty at plea
• Did the accused have a limited awareness or understanding of taking but at any time before or during trial, the sentence
the offence? should be reduced anywhere up to a third.
• Has there been a delay between arrest and conviction, that Step 7: Consider Totality of Sentence
delay not being attributable to the conduct of the offender?
5.1.18 Always bearing in mind the aims of sentencing outlined in
• Was the activity initially legitimate but subsequently evolved Part II and the principles governing totality of sentence as outlined in
into illegal conduct? 2.3.21 to 2.3.30, the courts may make a further upward or downward
adjustment in order to arrive at a sentence that is just and
• Did the accused age or maturity factor into the offence? proportionate.
• Is the accused the sole or primary caretaker for dependent Step 8: Consider Compensation and Ancillary Orders
relatives? The consequences of the incarceration of the accused
on other vulnerable persons dependent on them such as 5.1.19 The Court should consider whether to make a compensation
children, elderly persons, bedridden persons, etc. should be order or other ancillary orders such as forfeiture or disqualification as
considered. allowed by the law applicable to the offence. The Court should
prioritise compensation over fines when imposing financial orders.
• Evidence of disability or serious medical condition requiring Prioritising the compensation may mean that any fine is reduced or
urgent, intensive or long-term treatment – see 3.3 of these dispensed with altogether to enable the compensation to be paid.
Guidelines.
Step 9: Announce the Sentence and Give Reasons
• Mental disability or disorder – see 3.4 of these Guidelines.
5.1.20 The Court should give reasons for its decision, identifying
• Cultural or other factors that may have a bearing on how the the particular aggravating and mitigating features that it has taken into
offender reacted or behaved in the commission of the offence. account, and explain the effects of the sentence e.g., where a
suspended sentence is given, an explanation of what that means in
5.1.16 Common aggravating features, separate to the terms of the operational period and the consequences of further
circumstances directly relating to the commission of the offending on any future sentence. Where sentences fall outside the
offence or offences, might include: guidelines discussed here, the Court must give reasons for departing
from these guidelines.
• Previous convictions – the nature of these convictions and the
time between the last conviction and the present offence should Step 10: Give Consideration for Time Spent in Custody
be carefully considered.
5.1.21 The court must give credit for time spent in custody
• Was the offence committed whilst the accused was on bail? pending the determination of the sentence and deduct that period from
the sentence to be served. See paragraphs 2.3.18 to 2.3.20 for specific
• Did the accused fail to respond to warnings or concerns guidance on how to calculate this.
expressed by others about the accused’s behaviour?
Additional matters
• At the time the offence was committed, was the accused
subject to court orders e.g., a restraining order? 5.1.22 The process for seeking a confiscation order of any
proceeds of crime is NOT a part of the sentencing process. However,
• Was the offence committed whilst the accused was in custody? the court should be aware that the prosecution may, in some instances,
want to apply to the court for orders against tainted property or for
• Was the offence committed against the same victim or same pecuniary penalty orders for any benefit derived from the commission
class of victim as revealed by previous convictions? of the offence. It is good practice for the Court to ask the prosecution
if such an application is being considered.
• Is this particular crime prevalent in the community?
1st September, 2023 THE KENYA GAZETTE 3809
5.2. MURDER, MANSLAUGHTER AND WILDLIFE CRIMES involved in the cover up of the offence by attempting to silence
- OFFENCE-SPECIFIC GUIDANCE witnesses. The Judge sentenced the third category with the
highest term of imprisonment and graduated the term down for
5.2.1 Different offences will have specific aggravating features. the other categories.
Developing offence specific guidance can be helpful to the courts in
determining the range of sentence applicable and thus delivering iv. That the offender was provoked.
greater consistency and uniformity in approach. Below are some
examples that would distinguish between features applicable to v. That the offender acted to any extent in self-defence or in fear
murder, manslaughter and wildlife crimes. of violence.
x. Absence of self-defence or provocation. vii. Where the offender’s responsibility was substantially reduced
by mental disorder, learning disability or lack of maturity.
xi. The offence involved deliberate drugging or stupefying of the Examples might include the woman who suffers severe post-
victim. natal depression, or the war veteran who suffers post-
traumatic stress disorder to the extent that he behaves in a
xii. Proven abduction or kidnapping of the victim before the way that is erratic and violent in the face of ordinary day-to-
murder was committed. day stressors.
xiii. Where a demand for ransom was made, signifying a financial viii. Where there has been a history of violence towards the
motive. victim by the offender, this might be relevant to sentencing.
xiv. Concealing, destroying, or dismembering the body. ix. Significant mental or physical suffering caused to the
xv. Where the murder was conducted in furtherance of a ritualistic deceased.
practice such as witchcraft. x. Where the offence involved use of a weapon.
5.2.5 Mitigating features relating to murder might include: xi. Offence committed in the presence of children (particularly
i. Lack of premeditation. relevant to domestic violence deaths).
ii. The offender suffered from a mental disorder or mental OFFENCES CONCERNING WILDLIFE
disability which lowered his degree of blame. 5.2.8 The destruction of Kenya’s wildlife negatively impacts a
iii. In a case of joint enterprise, the role the offender played may significant contributor to Kenya’s Gross Domestic Product, namely
be lower than his co-accused. For example, in the resentencing tourism. At present, global discussions of climate change and
of the Applicants in Francis Karioko Muruatetu & 6 others v biodiversity protection demand greater attention to how Kenya must
Director of Public Prosecution [2019] eKLR the Judge address the need to protect the environment. The contribution of
categorised the offenders into four categories based on their wildlife to Kenya’s ecosystems is key to this objective. Whilst great
culpability. The first category involved the architects of an strides have been made in recent years regarding legislative reform and
offence e.g., those who financed the killing, the second addressing stronger prosecutions and investigations in this field,
category involves offenders who ensnared the deceased into his sentences must properly reflect the harm caused and further deter such
death, the third category is the henchmen, those who carried offending.
out the brutal killing and the fourth category involves offenders
3810217
3810 THE KENYA GAZETTE 1st September, 2023
5.2.9 Typically sentencing in this arena does not fully take into PART VI: REVISED SENTENCING POLICY GUIDELINES
account the impact upon the environment or the impact upon human
populations are affected by such crimes. Some of the relevant laws These Sentencing Policy Guidelines (2023) shall come into
have not been updated to take into account the current climate. operation upon publication in the Kenya Gazette, whereupon
Sentencing Guidelines published under Gazette Notice No. 2970 of
5.2.10 Many offences concerning protected species (both wildlife 29th April, 2016 shall be revoked.
and forestry) call for minimum sentences to be applied. These
Guidelines state the current position on such mandatory minimum MARTHA K. KOOME,
terms. Below are some factors to take into consideration that may Chief Justice and President of the Supreme Court of Kenya and
justify an elevation from the mandatory minimum term in certain Chairperson, National Council on the Administration of Justice.
circumstances. Were such minimum terms to be removed from the
statute books, these factors may guide the sentencing court in
determining the level of seriousness and appropriate ‘bandwidth’ on GAZETTE NOTICE NO. 11588
sentence, more generally. This is not an exhaustive list and courts must
take care to consider all relevant factors: THE NATIONAL CAMPAIGN AGAINST DRUG ABUSE
AUTHORITY ACT, 2012
• The species is a particular driver of tourism or other economic
benefit to Kenya. NATIONAL CAMPAIGN AGAINST DRUG ABUSE AUTHORITY
• The species is a protected species under Kenyan law or APPOINTMENT
international agreement to which Kenya is party, such as the
Convention on International Trade in Endangered Species IN EXERCISE of the powers conferred by section 6 (1) of the
(CITES). National Campaign Against Drug Abuse Authority Act, as read
together with section 51 (1) of the Interpretation and General
• The offence against the protected species also took place Provisions Act, the Cabinet Secretary, Interior and National
within a protected area. Administration appoints—
• The accused is a public official charged with the duty of Under sub-paragraph (i)–
protecting Kenya’s natural resources and heritage or involved
law enforcement or military officials in the commission of the Hassan ole Naado,
offence.
as a member of the National Campaign Against Drug Abuse Authority
• The commission of the offence involved international Board, for a period of three (3) years, with effect from the 1st
elements. September, 2023. The appointment* of Lucia Nzoongo is revoked.
• The offence involved a group of persons acting in the Dated the 31st August, 2023.
execution or furtherance of a common purpose, in which the
accused played a leadership role. KITHURE KINDIKI,
Cabinet Secretary for Interior and National Administration.
• The offence was planned or meticulously premeditated and
executed. *G.N. 2376/2023
• The offence involved a high degree of sophistication in THE STATE CORPORATIONS ACT
execution such as the use of poisoning, illegal weaponry or (Cap. 446)
explosives, concealment of trophies, or corruption of others.
THE KENYA FILM COMMISSION ORDER
• A protected species was actually killed.
(L.N. 147 of 2015)
• A law enforcement officer was killed or injured during the
execution of the offence. APPOINTMENT
• Death or injury to any human. IN EXERCISE of the powers conferred by section 6 (1) (e) of the
Kenya Film Commission Order, 2015, the Cabinet Secretary for Youth
• The offence involved a large number of protected species. Affairs, the Arts and Sports appoints—
• The offence caused significant damage to the environment or a LUCIA NZOONGO
community (e.g., pollution or loss of a keystone species).
to be a member of the Board of Directors of the Kenya Film
• Where damage has been caused, the cost of clean- Commission, for a period of three (3) years, with effect from the 1st
up/restoration/rebuilding is significant.
September, 2023.
• The offence caused significant financial loss to a community. Dated the 31st August, 2023.
• The offence brought disrepute to a government agency or the ABABU NAMWAMBA,
national government. Cabinet Secretary for Youth Affairs, the Arts and Sports.
GAZETTE NOTICE NO. 11596 to be members of the Board of Directors of the Lake Victoria South
Water Works Development Agency, established vide Legal Notice No.
THE POSTAL CORPORATION OF KENYA ACT 28 of 2019, for a period of three (3) years, with effect from the 1st
(No. 3 of 1998) September, 2023.
Margaret Kithambi Kitonga, to be a member of the Board of Trustees of the Water Sector Trust
Fund, for a period of three (3) years, with effect from the 1st
Under paragraph (g) (iii) September, 2023.
Billy Baltazar, Dated the 31st August, 2023.
ALICE WAHOME,
Under paragraph (j)
Cabinet Secretary for Water, Sanitation and Irrigation.
Timothy Biwott,
as members of the Board of Directors of the Micro and Small GAZETTE NOTICE NO. 11601
Enterprise Authority, for a period of three (3) years, with effect from
the 1st September, 2023. Gazette Notice Nos. 9350 of 2022 and 9360 THE WATER ACT
of 2022 are revoked.
(No. 43 of 2016)
Dated the 31st August, 2023.
SIMON CHELUGUI, WATER SERVICES REGULATORY BOARD
Cabinet Secretary for Co-operatives and Micro,
Small and Medium Enterprises (MSMEs) Development. APPOINTMENT
IN EXERCISE of the powers conferred by section 71 (1) (b) of
GAZETTE NOTICE NO. 11598 the Water Act, the Cabinet Secretary for Water, Sanitation and
Irrigation appoints—
THE WATER ACT
Rev. (Dr.) Stephen Kanyaru,
(No. 43 of 2016) Irene Chebichi Cheruiyot,
LAKE VICTORIA SOUTH WATER WORKS DEVELOPMENT Peter Ndunda Mutisya,
AGENCY
as members of the Board of Directors of the Water Services
APPOINTMENT Regulatory Board, for a period of three (3) years, with effect from the
1st September, 2023.
IN EXERCISE of the powers conferred by section 66 (1) (b) of
the Water Act, the Cabinet Secretary for Water, Sanitation and Dated the 31st August, 2023.
Irrigation appoints— ALICE WAHOME,
John Billy Momanyi, Cabinet Secretary for Water, Sanitation and Irrigation.
Cecilia Ngetich,
1st September, 2023 THE KENYA GAZETTE 3813
THE EWASO NG’IRO SOUTH RIVER BASIN DEVELOPMENT THE COUNTY GOVERNMENTS ACT, 2012
AUTHORITY ACT THE PUBLIC FINANCE MANAGEMENT ACT, 2012
(Cap. 448) COUNTY GOVERNMENT OF BUSIA
EWASO NG’IRO SOUTH RIVER BASIN DEVELOPMENT APPOINTMENT
AUTHORITY
IN EXERCISE of the powers and executive authority conferred by
APPOINTMENT section 137 of the Public Finance Management Act, 2012, I, Paul
Nyongesa Otuoma, Governor, Busia County, appoint the following
IN EXERCISE of the powers conferred by section 4 (1) (l) of the persons to be members of Busia County Budget and Economic Forum
Ewaso Ng’iro South River Basin Development Authority Act, the (CBEF) representing professionals, business community, labour
Cabinet Secretary for East African Community (EAC), the ASALS issues, women, persons with disabilities, the elderly and faith-based
and Regional Development appoints–– groups in Busia County.
Judith Kirorei, Name Interest Group/ Non-State Actors
Pacha Amos Ntaika, Represented
Agnes Sempeyo Nairowua,
Chris Okemo Professionals
to be members of the Ewaso Ng’iro South River Basin Development Maurice Langiri (Rev.) Faith-based Groups
Authority, for a period of three (3) years, with effect from the 1st James Nyongesa Business Community
September, 2023. Patricia Okello (Mrs.) Labour Issues
Amos Wako The Elderly
Dated the 31st August, 2023. Benedette Muyomi (Miss) The youth
Dickson Mrade Pekol Person Living with Disability
REBECCA MIANO,
Bertha Okoyo (Mrs.) Women
Cabinet Secretary for East African
Stephen Ojiambo Professionals
Community (EAC), the ASALS and Regional Development.
Roselyne Amunyelet (Mrs.) Women
Dennis Awori Professionals
GAZETTE NOTICE NO. 11603 Dated the 15th December, 2022.
THE KERIO VALLEY DEVELOPMENT AUTHORITY ACT PAUL NYONGESA OTUOMA (DR.),
MR/5175990 Governor, Busia County
(Cap. 441)
GAZETTE NOTICE NO. 11614 that the certificate of lease issued thereof has been lost, notice is given
that after the expiration of sixty (60) days from the date hereof, I shall
THE LAND REGISTRATION ACT issue a new certificate of lease provided that no objection has been
(No. 3 of 2012) received within that period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
D. M. KIMAULO, N. O. ODHIAMBO,
MR/5175724 Land Registrar, Kakamega District. MR/5175709 Land Registrar, Kakamega District.
1st September, 2023 THE KENYA GAZETTE 3817
Dated the 1st September, 2023. Dated the 25th August, 2023.
N. O. ODHIAMBO, G. M. MUYANGA,
MR/5175590 Land Registrar, Kakamega District. MR/4524254 Land Registrar, Kiambu District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS Rajab Abwao Makanda, is registered as proprietor in WHEREAS George Maina Kaberere (ID/12525720), is registered
absolute ownership interest of all that piece of land situate in the as proprietor in absolute ownership interest of all that piece of land
district of Kakamega, registered under title No. situate in the district of Kiambu, registered under title No.
N/Wanga/Koyonzo/2478, and whereas sufficient evidence has been Githunguri/Gathangari/3487, and whereas sufficient evidence has been
adduced to show that the land title deed issued thereof has been lost, adduced to show that the land title deed issued thereof has been lost,
notice is given that after the expiration of sixty (60) days from the date notice is given that after the expiration of sixty (60) days from the date
hereof, I shall issue a new land title deed provided that no objection
hereof, I shall issue a new land title deed provided that no objection
has been received within that period.
has been received within that period.
Dated the 1st September, 2023.
Dated the 1st September, 2023.
A. W. MARARIA,
N. O. ODHIAMBO,
MR/5175988 Land Registrar, Kiambu District.
MR/4524187 Land Registrar, Kakamega District.
Dated the 1st September, 2023. Dated the 1st September, 2023.
M. M. MWIGIRE, A. M. MWAKIO,
MR/4224210 Land Registrar, Nyeri District. MR/5175559 Land Registrar, Kirinyaga District.
Dated the 1st September, 2023. Dated the 1st September, 2023.
F. U. MUTEI, A. M. MWAKIO,
MR/4524138 Land Registrar, Kirinyaga District. MR/5175559 Land Registrar, Kirinyaga District.
1st September, 2023 THE KENYA GAZETTE 3819
Dated the 1st September, 2023. Dated the 1st September, 2023.
A. M. MWAKIO, M. C. NJERU,
MR/4524257 Land Registrar, Kirinyaga District. MR/4524119 Land Registrar, Meru Central District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS Julius Muriungi Njuru (ID/2529086), is registered as WHEREAS Johnson Njeru J. Riua (ID/0264893), is registered as
proprietor in absolute ownership interest of all that piece of land proprietor in absolute ownership interest of all that piece of land
containing 0.75 hectare or thereabouts, situate in the district of Meru, containing 0.20 hectare or thereabouts, situate in the district of Embu,
registered under title No. Nkuene/Nkumari/3011, and whereas registered under title No. Kyeni/Kigumo/4078, and whereas sufficient
sufficient evidence has been adduced to show that the land title deed evidence has been adduced to show that the land title deed issued
issued thereof has been lost, notice is given that after the expiration of thereof has been lost, notice is given that after the expiration of sixty
sixty (60) days from the date hereof, I shall issue a new land title deed (60) days from the date hereof, I shall issue a new land title deed
provided that no objection has been received within that period. provided that no objection has been received within that period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
M. C. NJERU, C. K. KITAVI,
MR/5175731 Land Registrar, Meru Central District. MR/5175701 Land Registrar, Embu District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS Flora Kagwiria (ID/11169517), is registered as WHEREAS Dominic Njeru N. Anthony (ID/0884814), of P.O.
proprietor in absolute ownership interest of all that piece of land Box 276, Embu in the Republic of Kenya, in the Republic of Kenya, is
registered as proprietor in absolute ownership interest of all that piece
containing 0.146 hectare or thereabouts, situate in the district of Meru,
of land containing 3.45 hectares or thereabout, situate in the district of
registered under title No. Nyaki/Mulathankari/1785, and whereas
Mbeere, registered under title No. Mbeere/Riachina/134, and whereas
sufficient evidence has been adduced to show that the land title deed
sufficient evidence has been adduced to show that the land title deed
issued thereof has been lost, notice is given that after the expiration of
issued thereof has been lost, notice is given that after the expiration of
sixty (60) days from the date hereof, I shall issue a new land title deed
sixty (60) days from the date hereof, I shall issue a new land title deed
provided that no objection has been received within that period.
provided that no objection has been received within that period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
M. K. NJUE, M. M. MUTAI,
MR/5175731 Land Registrar, Meru Central District. MR/4524131 Land Registrar, Kiritiri.
Dated the 1st September, 2023. Dated the 1st September, 2023.
M. C. NJERU, M. M. MUTAI,
MR/5175700 Land Registrar, Meru Central District. MR/5175733 Land Registrar, Kiritiri.
3820217
3820 THE KENYA GAZETTE 1st September, 2023
Dated the 1st September, 2023. Dated the 1st September, 2023.
M. M. MUTAI, M. A. OMULLO,
MR/5175967 Land Registrar, Kiritiri. MR/4524240 Land Registrar, Nyandarua District.
WHEREAS Paul Wagiita Theuri (ID/11565111), is registered as ISSUE OF A NEW LAND TITLE DEED
proprietor in absolute ownership interest of all those pieces of land WHEREAS M’Mwereria M’Ethangatha, is registered as proprietor
containing 1.081 and 1.890, hectares or thereabouts, situate in the in absolute ownership interest of all that piece of land containing
county of Laikipia, registered under title Nos. Segera/Segera Block 0.0299 hectare or thereabouts, situate in the district of Meru North,
I/2390 and 2458 (Laikipia), respectively, and whereas sufficient registered under title No. Amwathi/Maua/4592, and whereas sufficient
evidence has been adduced to show that the land title deeds issued evidence has been adduced to show that the land title deed issued
thereof have been lost, notice is given that after the expiration of sixty thereof has been lost, notice is given that after the expiration of sixty
(60) days from the date hereof, I shall issue new land title deeds (60) days from the date hereof, I shall issue a new land title deed
provided that no objection has been received within that period. provided that no objection has been received within that period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
C. A. NYANGICHA, N. N. NJENGA,
MR/4524219 Land Registrar, Nanyuki District. MR/4524183 Land Registrar, Igembe.
Dated the 1st September, 2023. Dated the 1st September, 2023.
F. K. ROP, J. K. MUNDIA,
MR/5175556 Land Registrar, Machakos District. MR/5175874 Land Registrar, Machakos District.
WHEREAS Safaricom Investment Co-operative Society Limited WHEREAS Damaris Njeri Gacoka (ID/3357695), is registered as
(CS/11960), is registered as proprietor in absolute ownership interest proprietor in absolute ownership interest of all that piece of land
of all that piece of land containing 0.040 hectare or thereabouts, situate containing 0.0297 hectare or thereabouts, situate in the district of
in the district of Machakos, registered under title No. Donyo Machakos, registered under title No. Mavoko Town Block 2/408, and
Sabuk/Komarock Block 1/60112, and whereas sufficient evidence has whereas sufficient evidence has been adduced to show that the land
been adduced to show that the land title deed issued thereof has been title deed issued thereof has been lost, notice is given that after the
lost, notice is given that after the expiration of sixty (60) days from the expiration of sixty (60) days from the date hereof, I shall issue a new
date hereof, I shall issue a new land title deed provided that no land title deed provided that no objection has been received within that
objection has been received within that period. period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
F. K. ROP, J. K. MUNDIA,
MR/5175556 Land Registrar, Machakos District. MR/5175874 Land Registrar, Machakos District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS Gideon Wambua Mungalu (ID/10274981) is WHEREAS Alex Mukuna Njoroge (ID/10620697), is registered as
proprietor in absolute ownership interest of all that piece of land
registered as proprietor in absolute ownership interest of all that piece
containing 0.0375 hectare or thereabouts, situate in the district of
of land containing 0.05 hectare or thereabouts, situate in the district of
Machakos, registered under title No. Mavoko Town Block 2/663, and
Machakos, registered under title No. Donyo Sabuk/Komarock Block
whereas sufficient evidence has been adduced to show that the land
1/70604, and whereas sufficient evidence has been adduced to show
title deed issued thereof has been lost, notice is given that after the
that the land title deed issued thereof has been lost, notice is given that
expiration of sixty (60) days from the date hereof, I shall issue a new
after the expiration of sixty (60) days from the date hereof, I shall issue
land title deed provided that no objection has been received within that
a new land title deed provided that no objection has been received period.
within that period.
Dated the 1st September, 2023.
Dated the 1st September, 2023. J. K. MUNDIA,
J. K. MUNDIA, MR/5175864 Land Registrar, Machakos District.
MR/5175977 Land Registrar, Machakos District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS James Kyumu Mwei (ID/1698685), is registered as WHEREAS Wayua Mutunga (ID/1467485), is registered as
proprietor in absolute ownership interest of all that piece of land proprietor in absolute ownership interest of all that piece of land
containing 0.0522 hectare or thereabouts, situate in the district of containing 15.0 hectares or thereabout, situate in the district of
Machakos, registered under title No. Mavoko Town Block 3/918, and Machakos, registered under title No. Mwala/Kyawango/32, and
whereas sufficient evidence has been adduced to show that the land
whereas sufficient evidence has been adduced to show that the land
title deed issued thereof has been lost, notice is given that after the
title deed issued thereof has been lost, notice is given that after the
expiration of sixty (60) days from the date hereof, I shall issue a new
expiration of sixty (60) days from the date hereof, I shall issue a new
land title deed provided that no objection has been received within that
land title deed provided that no objection has been received within that
period.
period.
Dated the 1st September, 2023.
Dated the 1st September, 2023.
J. K. MUNDIA,
J. K. MUNDIA, MR/5175707 Land Registrar, Machakos District.
MR/5175667 Land Registrar, Machakos District.
1st September, 2023 THE KENYA GAZETTE 3823
Dated the 1st September, 2023. Dated the 1st September, 2023.
J. K. MUNDIA, G. R. GICHUKI,
MR/4524266 Land Registrar, Machakos District. MR/5175750 Land Registrar, Kitui District.
Dated the 1st September, 2023. Dated the 1st September, 2023.
R. W. MWANGI, R. W. MWANGI,
MR/4524133 Land Registrar, Kajiado District. MR/5175727 Land Registrar, Kajiado District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS Metui ole Kirung (ID/0499757), is registered as WHEREAS Cretum Properties Limited, of P.O. box 22742–00100,
proprietor in absolute ownership interest of all that piece of land Nairobi in the Republic of Kenya, is registered as proprietor in
containing 23.472 hectares or thereabout, situate in the district of absolute ownership interest of all that piece of land containing 0.0455
Kajiado, registered under title No. Loitokitok/Kimana Tikondo/3398, hectare or thereabouts, situate in the district of Kajiado, registered
and whereas sufficient evidence has been adduced to show that the under title No. Kajiado/Kaputiei North/63090, and whereas sufficient
land title deed issued thereof has been lost, notice is given that after evidence has been adduced to show that the land title deed issued
the expiration of sixty (60) days from the date hereof, I shall issue a thereof has been lost, notice is given that after the expiration of sixty
new land title deed provided that no objection has been received (60) days from the date hereof, I shall issue a new land title deed
within that period. provided that no objection has been received within that period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
R. W. MWANGI, R. W. MWANGI,
MR/4524200 Land Registrar, Kajiado District. MR/5175722 Land Registrar, Kajiado District.
Dated the 1st September, 2023. Dated the 1st September, 2023.
R. W. MWANGI, A. A. MUTUA,
MR/5175727 Land Registrar, Kajiado District. MR/4524007 Land Registrar, Siaya District.
1st September, 2023 THE KENYA GAZETTE 3825
Dated the 1st September, 2023. Dated the 1st September, 2023.
A. A. MUTUA, A. A. MUTUA,
MR/5175570 Land Registrar, Siaya District. MR/5175690 Land Registrar, Siaya District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS Peter Oyiro Mala, is registered as proprietor in WHEREAS Joseph Nyamwango Kayaka, of P.O. Box 503, Suna
absolute ownership interest of all that piece of land containing 0.62 in the Republic of Kenya, is registered as proprietor in absolute
hectare or thereabouts, situate in the district of Siaya, registered under ownership interest of all that piece of land situate in the district of
title No. East Alego/Ulafu/1154, and whereas sufficient evidence has Migori, registered under title No. Suna East/Wasweta 1/9443, and
been adduced to show that the land title deed issued thereof has been whereas sufficient evidence has been adduced to show that the land
lost, notice is given that after the expiration of sixty (60) days from the title deed issued thereof has been lost, notice is given that after the
date hereof, I shall issue a new land title deed provided that no expiration of sixty (60) days from the date hereof, I shall issue a new
objection has been received within that period. land title deed provided that no objection has been received within that
period.
Dated the 1st September, 2023.
A. A. MUTUA, Dated the 1st September, 2023.
MR/5175570 Land Registrar, Siaya District. P. MAKINI,
MR/5175571 Land Registrar, Migori District.
ISSUE OF A NEW LAND TITLE DEED ISSUE OF A NEW LAND TITLE DEED
WHEREAS (1) Khamis Said Nasser, as administrator to the estate
WHEREAS Kipkoros arap Too, is registered as proprietor in of (1) Saif Said and (2) Hamida Said Nassor (both deceased), is
absolute ownership interest of all that piece of land containing 1.3 registered as proprietor in absolute ownership interest of all that piece
hectares or thereabout, situate in the district of Kericho, registered of land situate in the district of Kilifi, registered under title No.
under title No. Kericho/kiptugumo/763, and whereas sufficient Buni/Kisimani/1042, and whereas sufficient evidence has been
evidence has been adduced to show that the land title deed issued adduced to show that the land title deed issued thereof has been lost,
thereof has been lost, notice is given that after the expiration of sixty notice is given that after the expiration of sixty (60) days from the date
(60) days from the date hereof, I shall issue a new land title deed hereof, I shall issue a new land title deed provided that no objection
provided that no objection has been received within that period. has been received within that period.
Dated the 1st September, 2023. Dated the 1st September, 2023.
C. M. WACUKA, J. B. OKETCH,
MR/5175856 Land Registrar, Kericho District. MR/4524264 Land Registrar, Kilifi District.
GAZETTE NOTICE NO. 11716 proprietor in absolute ownership interest of all that piece of land
situate in the district of Kiambu, registered under title No.
THE LAND REGISTRATION ACT Tigoni/Tigoni Block 1/2367, and whereas sufficient evidence has been
(No. 3 of 2012) adduced to show that the land register opened thereof has been lost or
misplaced, notice is given that after the expiration of sixty (60) days
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER from the date hereof, the land register shall be reconstructed provided
WHEREAS (1) Samson Odundo and (2) Johnstone Aggrey that no objection has been received within that period.
Ochola, of P.O. Box 44–40100, Kisumu in the Republic of Kenya, is Dated the 1st September, 2023.
registered as proprietor in absolute ownership interest of all that piece A. W. MARARIA,
of land situate in the district of Kisumu, registered under title No. MR/5175891 Land Registrar, Kiambu District.
Kisumu/Manyatta “A”/2407, and whereas sufficient evidence has been
adduced to show that the land register opened thereof has been lost or
misplaced, notice is given that after the expiration of sixty (60) days
from the date hereof, the land register shall be reconstructed provided GAZETTE NOTICE NO. 11720
that no objection has been received within that period. THE LAND REGISTRATION ACT
Dated the 1st September, 2023. (No. 3 of 2012)
N. A. OBIERO,
MR/4524253 Land Registrar, Kisumu District. RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
WHEREAS Irene Mbene Njoki (ID/22772705), of P.O. Box 1095–
00219, Karuri in the Republic of Kenya, is registered as proprietor in
GAZETTE NOTICE NO. 11717 absolute ownership interest of all that piece of land situate in the
district of Kiambu, registered under title No. Tigoni/Tigoni Block
THE LAND REGISTRATION ACT
1/2158, and whereas sufficient evidence has been adduced to show
(No. 3 of 2012) that the land register opened thereof has been lost or misplaced, notice
is given that after the expiration of sixty (60) days from the date
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
hereof, the land register shall be reconstructed provided that no
WHEREAS (1) Monicah Njeri Njoroge (ID/13743199) and (2) objection has been received within that period.
Peter Karomo Kamau (ID/11029985), both of P.O. Box 20515–00400,
Dated the 1st September, 2023.
Nairobi in the Republic of Kenya, are registered as proprietors in
A. W. MARARIA,
absolute ownership interest of all that piece of land situate in the
MR/5175581 Land Registrar, Kiambu District.
district of Kiambu, registered under title No. Kiambaa/Ruaka/5787,
and whereas sufficient evidence has been adduced to show that the
land register in respect thereof is lost or destroyed, and efforts made to
locate the said land register have failed, notice is given that after the GAZETTE NOTICE NO. 11721
expiration of sixty (60) days from the date hereof, the land register
THE LAND REGISTRATION ACT
shall be reconstructed provided that no objection has been received
within that period. (No. 3 of 2012)
Dated the 1st September, 2023. RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
A. W. MARARIA,
MR/4524101 Land Registrar, Kiambu District. WHEREAS Margaret Nduta Kimithi (ID/1188438), of P.O. Box
59899–00200, Nairobi in the Republic of Kenya, is registered as
proprietor in absolute ownership interest of all that piece of land
situate in the district of Kiambu, registered under title No.
GAZETTE NOTICE NO. 11718
Kiambu/Municipality Block 2/348, and whereas sufficient evidence
THE LAND REGISTRATION ACT has been adduced to show that the land register opened thereof has
been lost or misplaced, notice is given that after the expiration of sixty
(No. 3 of 2012)
(60) days from the date hereof, the land register shall be reconstructed
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER provided that no objection has been received within that period.
WHEREAS (1) James Wagachire Njenga (ID/1842486) and (2) Dated the 1st September, 2023.
Salome Wanjiru Njenga (ID/1842827), both of P.O. Box 75629– A. W. MARARIA,
00200, Nairobi in the Republic of Kenya, as administrators of the MR/5175737 Land Registrar, Kiambu District.
estate of Grace Wairimu Gachire (deceased), are registered as
proprietors in absolute ownership interest of all that piece of land
situate in the district of Kiambu, registered under title No.
GAZETTE NOTICE NO. 11722
Kiambaa/Kiambaa/T. 224, and whereas sufficient evidence has been
adduced to show that the land register opened thereof has been lost or THE LAND REGISTRATION ACT
misplaced, notice is given that after the expiration of sixty (60) days
from the date hereof, the land register shall be reconstructed provided (No. 3 of 2012)
that no objection has been received within that period.
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
Dated the 1st September, 2023.
WHEREAS David Kingori Mukua, of P.O. Box 235, Mweiga in
A. W. MARARIA,
the Republic of Kenya, is the registered proprietor in absolute
MR/5175976 Land Registrar, Kiambu District.
ownership interest of all that piece of land containing 0.05 hectare or
thereabouta, situate in Nyeri District, registered under title No.
Gatarakwa/Gatarakwa Block 1/1154, and whereas sufficient evidence
GAZETTE NOTICE NO. 11719 has been adduced to show that the register (green card) is lost, notice is
THE LAND REGISTRATION ACT given that after the expiration of sixty (60) days from the date hereof, I
shall reconstruct a new register (green card) provided that no valid
(No. 3 of 2012) objection has been received within that period.
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
Dated the 1st September, 2023.
WHEREAS David Kinyanjui Kimani (ID/1846298), of P.O. Box M. M. MWIGIRE,
223–00900, Kiambu in the Republic of Kenya, is registered as MR/5175957 Land Registrar, Nyeri District.
1st September, 2023 THE KENYA GAZETTE 3829
GAZETTE NOTICE NO. 11723 register opened thereof has been lost or misplaced, notice is given that
after the expiration of sixty (60) days from the date hereof, the land
THE LAND REGISTRATION ACT register shall be reconstructed provided that no objection has been
(No. 3 of 2012) received within that period.
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER Dated the 1st September, 2023.
R. W. MWANGI,
WHEREAS Mary Wambui Njuguna, of P.O. Box 71, Naivasha in MR/5175952 Land Registrar, Kajiado District.
the Republic of Kenya, is registered as proprietor in absolute
ownership interest of all that piece of land situate in the district of
Nyandarua, registered under title No. Nyandarua/Kahuru/6401, and
whereas sufficient evidence has been adduced to show that the land GAZETTE NOTICE NO. 11727
register opened thereof has been lost or misplaced, notice is given that THE LAND REGISTRATION ACT
after the expiration of sixty (60) days from the date hereof, the land
register shall be reconstructed provided that no objection has been (No. 3 of 2012)
received within that period.
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
Dated the 1st September, 2023.
M. A. OMULLO, WHEREAS Wesley Mokua Nyariki (ID/10908405), is registered
MR/5175734 Land Registrar, Nyandarua District. as proprietor in absolute ownership interest of all that piece of land
situate in the district of Nyamira, registered under title No. East
Kitutu/Mwamangera/2690, by virtue of adjudication, and whereas the
GAZETTE NOTICE NO. 11724 land register in respect thereof is lost or destroyed and efforts made to
locate the said land register have failed, notice is given that after the
THE LAND REGISTRATION ACT expiration of sixty (60) days from the date hereof, I intend to proceed
with the reconstruction the land register as provided under section 33
(No. 3 of 2012)
(5) of Land Registration Act provided that no objection has been
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER received within that period.
WHEREAS Jeremiah Githui Wagura (ID/3224672), is registered Dated the 1st September, 2023.
proprietor in absolute ownership interest of all that piece of land M. M. OSANO,
containing 1.220 hectares or thereabout, known as Sipili/Donyoloip MR/4524132 Land Registrar, Nyamira District.
Block 1/3182 (Laikipia), situate in the district of Laikipia, and whereas
sufficient evidence has been adduced to show that the land register
(green card) in respect of the said piece of land is lost and efforts made
to locate register (green card) have failed, notice is given that after the GAZETTE NOTICE NO. 11728
expiration of thirty (30) days from the date hereof, I shall proceed and THE LAND REGISTRATION ACT
reconstruct the land register(green card) as provided under section 33
(1) (5), provided that no objection has been received within that (No. 3 of 2012)
period.
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
Dated the 1st September, 2023.
P. M. NDUNGU, WHEREAS James Otieno Aran, of P.O. Box 303, Sare in the
MR/4524252 Land Registrar, Rumuruti. Republic of Kenya, is registered as proprietor of all that piece of land
known as North Sakwa/Kamasoga/1622, situate in the district of
Migori, and whereas sufficient evidence has been adduced to show
GAZETTE NOTICE NO. 11725 that the land register in respect thereof is lost or destroyed, and efforts
made to locate the said land register have failed, notice is given that
THE LAND REGISTRATION ACT after the expiration of sixty (60) days from the date hereof, the land
(No. 3 of 2012) register shall be reconstructed provided that no objection has been
received within that period.
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER
Dated the 1st September, 2023.
WHEREAS Stephen Gichahi Njukia (ID/3506712), is registered as
proprietor in absolute ownership interest of all that piece of land P. MAKINI,
containing 0.711 hectare or thereabouts, situate in the district of MR/4524121 Land Registrar, Migori District.
Laikipia, registered under title No. Ngobit/Muhonia Block I/473, and
whereas sufficient evidence has been adduced to show that the land
register (green card) in respect of the said parcel of land have been GAZETTE NOTICE NO. 11729
lost/misplaced, and efforts made to locate the said green card have
failed, notice is given that after the expiration of thirty (30) days from THE LAND REGISTRATION ACT
the date hereof, I shall proceed and reconstruct the green card as
provided under section 33 (1) (5) of the Act, provided that no (No. 3 of 2012)
objection has been received within that period.
LOSS OF LAND REGISTER
Dated the 1st September, 2023.
C. A. NYANGICHA, WHEREAS Grace Muthoni Waithaka (ID/3492207), of P.O. Box
MR/4524154 Land Registrar, Laikipia District. 74542–00200, Nairobi in the Republic of Kenya, is registered as
proprietor in absolute ownership interest of that piece of land situate in
the district of Ruiru, registered under title No. Ruiru Kiu Block 7/321,
GAZETTE NOTICE NO. 11726 and whereas sufficient evidence has been adduced to show that the
land register of the said piece of land is missing, and whereas all
THE LAND REGISTRATION ACT efforts made to locate the said land register have failed, notice is given
(No. 3 of 2012) that after the expiration of sixty (60) days from the date hereof,
provided that no valid objection has been received within that period, I
RECONSTRUCTION OF LOST OR DESTROYED LAND REGISTER intend to issue another land register and the missing land register is
deemed to be of no effect.
WHEREAS Rebecca Nduta Kamau (ID/22187331), is registered as
proprietor in absolute ownership interest of all that piece of land Dated the 1st September, 2023.
containing 0.045 hectare otr thereabouts, situate in the district of R. M. MBUBA,
Kajiado, registered under title No. Kajiado/Kitengela/26173, and MR/4524190 Land Registrar, Ruiru District.
whereas sufficient evidence has been adduced to show that the land
3830217
3830 THE KENYA GAZETTE 1st September, 2023
WHEREAS (1) Josphine Thira Muchene, (2) Evan Thuo Muigai WHEREAS Swaleh Abubakar Bajabir, is the registered proprietor
and (3) George Gitau Njenga, are the registered proprietors in absolute in absolute ownership interest of all that piece of land situate in Kwale
ownership interest of all that piece of land situate in Kilifi District, District, registered under title No. Kwale/Majoreni/1624, and whereas
registered under title No. Kilifi/kinagoni Kambicha/3838, and whereas sufficient evidence has been adduced to show that the green card is
sufficient evidence has been adduced to show that the green card is lost, notice is given that after the expiration of sixty (60) days from the
lost, notice is given that after the expiration of sixty (60) days from the date hereof, I shall reconstruct a new green card provided that no valid
date hereof, I shall reconstruct a new green card provided that no valid objection has been received within that period.
objection has been received within that period. Dated the 1st September, 2023.
Dated the 1st September, 2023. W. M. MUIGAI,
J. B. OKETCH, MR/4524106 Land Registrar, Kwale District.
MR/5175972 Land Registrar, Kilifi District.
all that piece of land known as Solai/Ndungiri Block 6/269, situate in GAZETTE NOTICE NO. 11740
the district of Nakuru, and whereas the High Court of Kenya at Nakuru
in Succession Cause No. 135 of 2018, has issued grant in favour of THE LAND REGISTRATION ACT
Sylivia Nyambura Kamau, and whereas the said court has executed an (No. 3 of 2012)
application to be registered as proprietor by transmission of L.R.A. 50,
and whereas the title deed issued in respect of Stephen Dancan Kamau REGISTRATION OF INSTRUMENT
alias Stephen Duncan Kamau (deceased) is lost, notice is given that
WHEREAS Milka Wangari Kibaru alias Wangari Kibaru
after the expiration of thirty (30) days from the date hereof, provided
(deceased), is registered as proprietor of all that piece of land
that no objection has been received within that period, I intend to containing 1.50 acres or thereabout, known as Kiganjo/Gatei/983,
dispense with the production of the said land title deed and proceed situate in the district of Gatundu, and whereas in the Chief
with the registration of the said application of the said land title deed Magistrate’s Court at Thika in Succession Cause No. 320 of 2017, has
and proceed with registration of the said application to be registered as issued grant and confirmation letters to Nyambura Kibaru Kinyanjui,
proprietor by transmission of L.R.A.50 in the name of Sylivia of P.O. Box 186, Kanjuku in the Republic of Kenya, and whereas all
Nyambura Kamau, and upon such registration the land title deed efforts made to recover the land title deed and be surrendered to the
issued earlier to the said Stephen Dancan Kamau alias Stephen Duncan land registrar for cancellation have failed, notice is given that after the
Kamau (deceased), shall be deemed to be cancelled and of no effect. expiration of thirty (30) days from the date hereof, provided no valid
objection has been received within that period, I intend to dispense
Dated the 1st September, 2023.
with the production of the said land title deed and proceed with
C. A. LIYAYI, registration of the said administration letters to Nyambura Kibaru
MR/4524208 Land Registrar, Nakuru District. Kinyanjui, and upon such registration the land title deed issued earlier
to the said Milka Wangari Kibaru alias Wangari Kibaru (deceased),
shall be deemed to be cancelled and of no effect.
GAZETTE NOTICE NO. 11738
Dated the 1st September, 2023.
THE LAND REGISTRATION ACT F. U. MUTEI,
MR/452130 Land Registrar, Gatundu District.
(No. 3 of 2012)
REGISTRATION OF INSTRUMENT
GAZETTE NOTICE NO. 11741
WHEREAS John Lukalo Zavani (deceased), is registered as
proprietor of that piece of land containing 2.20 hectares or thereabout, THE LAND REGISTRATION ACT
known as North Maragoli/Kegondi/2316, situate in the district of (No. 3 of 2012)
Sabatia, and whereas the High Court of Kenya at Kisumu in
succession cause No. 775 of 2008, has issued letters of administration REGISTRATION OF INSTRUMENT
in favour of (1) Beatrice Vugutsa and (2) Wilson Sabwa Lukalo, and
WHEREAS Ndirangu Kimani (deceased), is registered as
whereas the said (1) Beatrice Vugutsa and (2) Wilson Sabwa Lukalo proprietor of all that piece of land containing 2.90 acres or thereabout,
has executed an application to be registered as proprietor by known as Ngenda/Kimunyu/630, situate in the district of Gatundu, and
transmission in respect of the said piece of land, and whereas the land whereas in the Chief Magistrate’s Court at Gatundu in Succession
title deed is lost, notice is given that after the expiration of thirty (30) Cause No. 75 of 2020, has issued grant and confirmation letters to
days from the date hereof, provided no valid objection has been Wanjiru Ndirangu, of P.O. Box 380–01030, Gatundu in the Republic
received within that period, I intend to dispense with the production of of Kenya, and whereas all efforts made to recover the land title deed
the said land title deed and proceed with registration of the application and be surrendered to the land registrar for cancellation have failed,
to be registered as proprietor by transmission in favour of the said (1) notice is given that after the expiration of thirty (30) days from the
Beatrice Vugutsa and (2) Wilson Sabwa Lukalo, and upon such date hereof, provided no valid objection has been received within that
registration the land title deed issued earlier to the said John Lukalo period, I intend to dispense with the production of the said land title
Zavani (deceased), shall be deemed to be cancelled and of no effect. deed and proceed with registration of the said administration letters to
Wanjiru Ndirangu, and upon such registration the land title deed
Dated the 1st September, 2023. issued earlier to the said Ndirangu Kimani (deceased), shall be deemed
to be cancelled and of no effect.
H. K. LANGAT,
MR/4524025 Land Registrar, Vihiga District. Dated the 1st September, 2023.
F. U. MUTEI,
MR/4524259 Land Registrar, Gatundu District.
Dated the 1st September, 2023. Dated the 1st September, 2023.
F. U. MUTEI, G. M. NJOROGE,
MR/4524260 Land Registrar, Gatundu District. MR/4524251 Land Registrar, Kirinyaga District.
WHEREAS James Ngugi Mugo (deceased), is registered as WHEREAS Charles Kirundi Magu (deceased), is registered as
proprietor of that piece of land containing 0.60 hectare or thereabouts, proprietor of that piece of land known as Sosian/Sosian Block 3/1539
situate in the district of Nyeri, known as Othaya/Kiahagu/1087, and (Maundu ni Meri), situate in the district of Laikipia, and whereas the
whereas the Court at Othaya in succession cause No. 105 of 2019, has Chief Magistrate’s Court at Nyahururu in Succession Cause No.
issued grant of letters intestate to Joseph Wambugu Ngugi as E452of 2022, has issued grant in favour of Leah Njeri Kirundi, and
administrator and the beneficiary is Consolata Wachera Thebere, and whereas the said Leah Njeri Kirundi has excecuted an application to be
whereas the said title deed issued in respect of the said piece of land is registered as proprietor by transmission of R. L. 19, and whereas the
lost and cannot be traced, notice is given that after the expiration of said title deed issued earlier has been reported missing or lost, notice is
sixty (60) days from the date hereof, provided no valid objection has given that after the expiration of thirty (30) days from the date hereof,
been received within that period, I intend to dispense with the provided no valid objection has been received within that period, I
intend to dispense with the production of the said land title deed and
production of the said land title deed and proceed with registration of
proceed with the registration of the said instrument of R. L. 19 in the
transfer by transmission documents R.L. 19 and R.L. 7 in favour of the
name of Leah Njeri Kirundi, and upon such registration the land title
said Joseph Wambugu Ngugi as administrator and the beneficiary is
deed issued to the said Charles Kirundi Magu (deceased), shall be
Consolata Wachera Thebere, and upon such registration the land title
deemed to be cancelled and of no effect.
deed issued earlier to the said James Ngugi Mugo (deceased), shall be
deemed to be cancelled and of no effect. Dated the 1st September, 2023.
M. N. MWANGI,
Dated the 1st September, 2023.
MR/5175960 Land Registrar, Rumuruti.
N. G. GATHAIYA,
MR/4524001 Land Registrar, Nyeri District.
WHEREAS Henry Wamugo Nyaga alias Henry Nyaga alias Henry REGISTRATION OF INSTRUMENT
Nyaga Mugo (deceased), is registered as proprietor of all that piece of
WHEREAS Mutisya Ngii (deceased), is registered as proprietor of
land containing 2.43 hectares or thereabout, situate in the district of
Embu, known as Kyeni/Kigumo/8, and whereas the High Court of all that piece of land containing 4.8 hectares or thereabout, known as
Kenya at Embu in Succession Cause No. E14 of 2021, has directed Muthetheni/Kyethivo/415, situate in the district of Machakos, and
that the said piece of land be registered in the name of Joan Wanja whereas the High Court of Kenya at Machakos in Succession Cause
Nyaga (ID/3736346) as administrator to the estate of Henry Wamugo No. 451 “B” of 2008, has issued grant of letters of administration to
Nyaga alias Henry Nyaga alias Henry Nyaga Mugo (deceased), and Joseph Kitavi Mutisya, and whereas the said Joseph Kitavi Mutisya
whereas all the efforts made to recover the land title deed in respect of has excecuted an application to be registered by transmission LRA. 39,
the said piece of land have failed, notice is given that after the and whereas sufficient has been adduced to show that the land title
expiration of thirty (30) days from the date hereof, provided no valid deed issued thereof has been reported missing or lost, notice is given
objection has been received within that period, I intend to dispense that after the expiration of thirty (30) days from the date hereof,
with the production of the said land title deed and proceed with the provided no valid objection has been received within that period, I
registration of the said grant document in the name of Joan Wanja intend to dispense with the production of the said land title deed and
Nyaga (ID/3736346) as administrator and upon such registration the proceed with registrstionof LRA. 39 to Joseph Kitavi Mutisya and
land title deed issued earlier to the said Henry Wamugo Nyaga alias upon such registration the land title deed issued to the said Mutisya
Henry Nyaga alias Henry Nyaga Mugo (deceased), shall be deemed to Ngii (deceased) shall be deemed to be cancelled and of no effect.
be cancelled and of no effect.
Dated the 1st September, 2023.
Dated the 1st September, 2023. K. K. MUNDIA,
C. K. KITAVI, MR/4524165 Land Registrar, Machakos District.
MR/5175588 Land Registrar, Embu District.
GAZETTE NOTICE NO. 11755 whereas the said Dominic Kavisi Nzulu has executed L.R.A. 39 for
registration, and whereas all efforts made to recover the land title deed
THE LAND REGISTRATION ACT for the said piece of land have failed, notice is given that after the
(No. 3 of 2012) expiration of thirty (30) days from the date hereof, I intend to dispense
with the production of the said land title deed and proceed with the
REGISTRATION OF INSTRUMENT registration of the said L.R.A. 39 to the said Dominic Kavisi Nzulu,
and upon such registration the land title deed issued earlier to the said
WHEREAS Naumi Nthambi Kiluu (deceased), is registered as Muthoka Nzuma Mwilu (deceased), shall be deemed to be cancelled
proprietor of all that piece of land containing 1.4 hectares or and of no effect.
thereabout, known as Iveti/Mungala/710, situate in the district of
Machakos, and whereas the High Court of Kenya at Machakos in Dated the 1st September, 2023.
Succession Cause No. 388 of 2012, has issued grant of letters of N. A. MIRERI,
administration to (1) Rhodes Mutuku Kiluu and (2) Ibrahim Kilungu MR/4524209 Land Registrar, Machakos District.
Kiluu, and whereas the said (1) Rhodes Mutuku Kiluu and (2) Ibrahim
Kilungu Kiluu has excecuted an application to be registered by
transmission LRA. 39, and whereas sufficient has been adduced to GAZETTE NOTICE NO. 11758
show that the land title deed issued thereof has been reported missing
or lost, notice is given that after the expiration of sixty (60) days from THE LAND REGISTRATION ACT
the date hereof, provided no valid objection has been received within
that period, I intend to dispense with the production of the said land (No. 3 of 2012)
title deed and proceed with registrstionof LRA. 39 to (1) Rhodes REGISTRATION OF INSTRUMENT
Mutuku Kiluu and (2) Ibrahim Kilungu Kiluu and upon such
registration the land title deed issued to the said Naumi Nthambi Kiluu WHEREAS Francis Nyawire Omenda (deceased), is registered as
(deceased) shall be deemed to be cancelled and of no effect. proprietor of all that piece of land known as Siaya/Kaugagi/1296,
situate in the district of Siaya, and whereas the Magistrate’s Court at
Dated the 1st September, 2023. Siaya in Succession Cause No. E81 of 2022, has ordered that the piece
D. M. MWANGANGI, of land be registered in the names (1) Christine Anyango Nyawire and
MR/5175986 Land Registrar, Machakos District. (2) Moureen Awuor Ouma, and whereas all efforts made to recover the
land title deed issued thereof by the land registrar have failed, notice is
given that after the expiration of thirty (30) days from the date hereof,
GAZETTE NOTICE NO. 11756 provided no valid objection has been received within that period, I
intend to dispense with the production of the said land title deed and
THE LAND REGISTRATION ACT proceed with the registration of the said grant document and issue a
(No. 3 of 2012) land title deed to the said (1) Christine Anyango Nyawire and (2)
Moureen Awuor Ouma, and upon such registration the land title deed
REGISTRATION OF INSTRUMENT issued earlier to the said Francis Nyawire Omenda (deceased), shall be
deemed to be cancelled and of no effect.
WHEREAS Naumi Nthambi Kiluu (deceased), is registered as
proprietor of all that piece of land containing 1.4 hectares or Dated the 1st September, 2023.
thereabout, known as Iveti/Mungala/898, situate in the district of A. MUTUA,
Machakos, and whereas the High Court of Kenya at Machakos in MR/4524194 Land Registrar, Siaya District.
Succession Cause No. 388 of 2012, has issued grant of letters of
administration to (1) Rhodes Mutuku Kiluu and (2) Ibrahim Kilungu
Kiluu, and whereas the said (1) Rhodes Mutuku Kiluu and (2) Ibrahim GAZETTE NOTICE NO. 11759
Kilungu Kiluu has excecuted an application to be registered by
transmission LRA. 39, and whereas sufficient has been adduced to THE LAND REGISTRATION ACT
show that the land title deed issued thereof has been reported missing
or lost, notice is given that after the expiration of sixty (60) days from (No. 3 of 2012)
the date hereof, provided no valid objection has been received within REGISTRATION OF INSTRUMENT
that period, I intend to dispense with the production of the said land
title deed and proceed with registrstionof LRA. 39 to (1) Rhodes WHEREAS (1) Abdalla Salimu, (2) Mohamed Salimu, (3) Juma
Mutuku Kiluu and (2) Ibrahim Kilungu Kiluu and upon such Hamisi and (4) Juma Abdalla (deceased), are registered as proprietors
registration the land title deed issued to the said Naumi Nthambi Kiluu of that piece of land known as Kwale/Kandutsi “B”/996, situate in the
(deceased) shall be deemed to be cancelled and of no effect. district of Kwale, and whereas the Kadhi’s Court at Kwale in
Succession Cause No. E27 of 2023 and E25 of 2023 have vested the
Dated the 1st September, 2023. property to (1) Ajali Jumaa Mwadiya and (2) Juma Mohamed
D. M. MWANGANGI, Mwakuchiyachiya, and whereas sufficient evidence has been adduced
MR/5175986 Land Registrar, Machakos District. to show the land title deed issued to ((1) Abdalla Salimu, (2)
Mohamed Salimu, 930 Juma Hamisi and (3) Juma Abdalla (deceased)
have been reported missing or lost, notice is given that after the
GAZETTE NOTICE NO. 11757 expiration of thirty (30) days from the date hereof, provided no valid
objection has been received within that period, I intend to dispense
THE LAND REGISTRATION ACT with the production of the said land title deed and proceed with the
(No. 3 of 2012) registration of the said application to be registered L.R. 39 and L.R.
42, and upon such registration the land title deed issued earlier to the
REGISTRATION OF INSTRUMENT said (1) Abdalla Salimu, (2) Mohamed Salimu, (3) Juma Hamisi and
(3) Juma Abdalla (deceased), shall be deemed to be cancelled and of
WHEREAS Muthoka Nzuma Mwilu (deceased), is registered as no effect.
proprietor of all that piece of land containing 5.4 hectares or
thereabout, situate in the district of Machakos, known as Dated the 1st September, 2023.
Machakos/Katangi/211, and whereas the Chief Magistrate’s Court of S. N. MOKAYA,
Kenya at Machakos in Succession Cause No. 5 of 2019, has issued a MR/5175596 Land Registrar, Kwale District.
grant of letters of administration to Dominic Kavisi Nzulu, and
The Decisions are specified in the third column and the particulars of the applications are in the second column for each applicant named in the
first column of the Schedule below:
PURSUANT to the provisions of section 42 of the East African Community Customs Management Act, 2004, notice is given that unless the
under-mentioned goods are entered and removed from the Customs Warehouse within thirty (30) days from the date of this notice, they will be sold
by public auction on 4th October, 2023.
Interested buyers may view the goods at ALT, CB2, MTS, BFT, IIL, KEN, SIG, CCF, MCT, AWD, CWHSE & MICT on 2nd October, 2023 and
3rd October, 2023 during office hours
8/08/22
507/2023 Grand Choice 8/08/22 KGC30-0224160 Unit Carii Motor CB2 Used 2015 2022MSASI025626 HMB-271-0109
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567/2023 Msc Nicole 09/01/2023 WDB9634232L9 Unit Claymore KEN Mercedes 23MSASI0335673 MEDUIW582569
Jx252a 33770 Motors Limited Actross
568/2023 Msc Nicole 09/01/2023 WDB9634232L9 Unit Claymore KEN Mercedes 23MSASI0335673 MEDUIW582569
Jx252a 33772 Motors Limited Actross
569/2023 Dream 27/01/2023 KGC30-0253205 Unit Lizaz KEN Used 2023SI0342739 KMB-2Z3-0053
Diamond 022 Enterprises Toyota
Limited P.O Passo Year
Box 2016
1st September, 2023 THE KENYA GAZETTE 3847
Claimant’s Name Policy No. and Name of Policy Holder Name of Issuing Insurance Company
Peter Gicheru Mwaura Peter Gicheru Mwaura – 960515 Kenindia Assurance Company Limited
Dickson Kirwa Rutto Rutto Dickson Kirwa – M/008895 CIC Life Assurance Company Limited
Further notice is given that unless objection to the claims is lodged at the offices of the Authority at the address below within thirty (30) days
from the date hereof, payment will be made to the aforementioned persons on the evidence of the sworn affidavit for lost original policy document
and any liability on the lost policy document will immediately cease.
Unclaimed Financial Assets Authority, Pacis Centre, 2nd Floor, off Waiyaki Way, P.O. Box 28235–00200, Nairobi.
JOHN MWANGI,
MR/5150066 Chief Executive Officer and Managing Trustee.
Crop Variety Name Release Owner(s) Maintainer Areas of Production Maturity Yield Special Attributes
Name Licensee and Source Duration (T/Ha)
Teff TKB 27-1 KISTEFF KALRO KALRO Altitude:250-2000 Masl 55-65 days 2-3 • Early maturity
B27-1 Katumani AEZ: LM 4, LM 5, LM 6 • Wide adaptability
Sites: Marsabit, Isiolo, • high tillering
Wajir, Turkana, Mandera,
Makueni Kitui, Tharaka
Nithi, Lanet, Narok,
Laikipia
Teff TAR 2 Aila Red 2 KALRO KALRO Altitude: 250-2000 Masl 55-65 days 2-2.3 • Early maturity
Katumani AEZ: LM 4, LM 5, LM 6 • widely distributed
Sites: Marsabit, Isiolo, • minimal lodging
Wajir, Turkana, Mandera, • high tillering
Makueni Kitui, Tharaka
Nithi, Lanet, Narok,
Laikipia
Teff TLW Lusike White KALRO KALRO Altitude: 250-2500 Masl 55-65 days 2-2.5 • Early maturity
Katumani AEZ: LM 3, LM 4, LM 5 • minimal lodging
Sites: Marsabit, Wajir, • high altitude zones
Turkana, Mandera,
Makueni Kitui, Tharaka
Nithi, Narok, Laikipia
Species: Ipomea batatas
APPOINTMENT
IN EXERCISE of the powers conferred by Article 183 (1) (a) of GAZETTE NOTICE NO. 11768
the Constitution as read together with sections 36 (1) of the County
THE COUNTY GOVERNMENTS ACT
Governments Act and sections 6 (1) (d) and 6 (3) of the Laikipia
County Enterprise Fund Act, 2014, the County Executive Committee (No. 17 of 2012)
Member for Finance, County Planning and Development, Laikipia
County appoint the persons listed in the Schedule, as members of COUNTY GOVERNMENT OF KILIFI
Laikipia County Enterprise Fund Board, with effect from the 1st May,
2023 to 30th April, 2026. KILIFI COUNTY PERSONS WITH DISABILITY ACT
GAZETTE NOTICE NO. 11769 The Board processed and participated in a number of court and
disciplinary matters with positive outcomes resulting in the
COUNTY GOVERNMENT OF KISUMU reinstatement of one officer and implementation of mediation
KISUMU COUNTY PUBLIC SERVICE BOARD agreements. The Board continued to prioritize co-operation and
consultation with the County Executive in disciplinary and court
ANNUAL REPORT FOR THE YEAR 2022 matters.
Statement by the Board Chairman The Board was unable to accomplish most of the activities
scheduled in its strategic and annual plans due to constant insufficient
The year 2022 is the third year of implementing Board’s Strategic
budgetary allocation. Nevertheless, with the available funds from the
Plan 2020-2024. Driven by the need to achieve its objectives, the
County Treasury and partnerships with relevant stakeholders, the
Board proactively adapted to the unprecedented challenges posed by
economic and environmental factors by realigning itself accordingly to Board was able to facilitate its activities and procure goods and
actualise its work plan. services. It is important to note that the Board did not have any adverse
audit queries during the period.
Moreover, priority was given to improving institutional capacity,
enhancing performance, promotion of values and principles and PART A: GENERAL INFORMATION
strengthening interdepartmental collaboration for effective and 1.0 INTRODUCTION
efficient service delivery in the County Government of Kisumu.
The County Public Service Board is established pursuant to Article
Key milestones achieved included conversion of terms of 235 of the Constitution of Kenya 2010 and Section 57 of the County
employment of 663 ECDE teachers from three (3) year contracts to Governments’ Act No. 17 of 2012. The functions of the Board are
permanent and pensionable, re-designation of 56 officers in line with
provided for under Section 59 of the Act.
roles and qualifications and reduction of salary payments via vouchers
by 60%. In addition to these, the Board partnered with various Section 59 (1)(d) of the Act, requires the County Public Service
stakeholders to undertake a number of activities in line with its Board on behalf of the County Government to prepare regular reports
mandate. for submission to the County Assembly on the Execution of the
functions of the Board. Further Section 59 (1) (f) requires the Board to
On behalf of the Board, I extend my gratitude to His Excellency
the Governor of Kisumu County and His Excellency the Deputy evaluate and report to the County Assembly on the extent to which the
Governor for their unwavering support, the County Assembly, County values and principles referred in Articles 10 and 232 of the
Executive Committee Members, Chief Officers’ and all other Constitution are complied with in the County Public Service.
stakeholders for their co-operation and contribution to the Board’s The current members of the Kisumu County Public Service Board
achievements. were appointed on 24thApril 2019, sworn in on 30th April, 2019 and
Finally, I wish to appreciate the Board members and secretariat gazetted on 4th June 2019 vide the Kenya Gazette Notice Number
staff for their commitment towards ensuring that the Board delivers on 5193 of even date.
its mandate. 1.1 FUNCTIONS AND POWERS OF THE COUNTY PUBLIC
MW. CHARLES BABU KARAN SERVICE BOARD
Board Chairman.
The functions of the County Public Service Board are provided
EXECUTIVE SUMMARY for/envisaged under Article 235 of the Constitution, and outlined in
Section 59 of The County Governments Act as follows:
During the period under review, the Board carried out various
activities through its five committees: Recruitment, Selection and • Establish and abolish offices in the County Public Service;
Capacity Development, Human Resource Audit and Performance
Management, Finance and Information Assets, Discipline, Ethics and • Appoint persons to hold or act in offices of the County Public
Governance, Agenda and Implementation Committee. Service including in the Boards;
The Board successfully completed the recruitment of 408 officers • Exercise disciplinary control over, and remove, persons
during the period. Out of this number, 2 were hired for the Department holding, or acting in those offices as provided for under this
of Kisumu County Public Service Board, 69 for the Department of part;
Health and Sanitation, 313 for the department of Roads, Transport and
Public Works, 1 and 7 support staffs for the Departments of • Prepare regular reports for submission to the County Assembly
Environment, Water and Natural Resources and Tourism, Arts, Sports on the execution of the functions of the Board;
and Culture respectively.
• Promote in the County Public Service the values and principles
The Board placed 16 Afya Halisi staff on an additional two and a referred to in Articles 10 and 232;
half year contract in accordance with the Memorandum of
Understanding between the County Government of Kisumu and the • Evaluate and report to the County Assembly on the extent to
JHPIEGO Corporation (for USAID) Program. A total of Fifty Eight which the values and principles referred to in Articles 10 and
(58) Health Workers and seven (7) Governance and Administration 232 are complied with in the County Public Service;
officers’ (Sign Language Interpreters) had their terms converted from
• Facilitate the development of coherent, integrated human
Six (6) months to Three (3) years contracts. Additionally, the Board
renewed contracts for 206 officers from Health and Sanitation, resource planning and budgeting for personnel emoluments in
Governance and Administration Departments. counties;
The number of employees in the Kisumu County Public Service • Advise the County Government on human resource
stood at 4855 as at 30th September, 2022 comprising 62% female and management and development;
38% male. During the period under review, twenty-four (24) officers
• Advise County Government on implementation and monitoring
exited the County Public Service. Out of these, seventeen (17) retired
of the national performance management system in counties;
from Service, five (5) resigned and two (2) died while in service. A
total of twenty-two (22) officers are set to leave the County Public • Make recommendations to the Salaries and Remuneration
Service between November, 2022 and June 2023 on attainment of the Commission, on behalf of the County Government, on the
mandatory retirement age. remuneration, pensions and gratuities for County Public
The Board issued advisories to the County Executive on Service employees.
compliance with biennial Declarations of Income, Assets and 1.2 INDEPENDENCE OF THE BOARD
Liabilities (DIALs) for the 2019-2021 period and ultimately
coordinated the submission of declarations by officers beginning 1st Section 59A of the County Government Act (as amended) provides
November 2021. During the period under review the Board continued for the independence of the County Public Service Board in the
to receive late submission of DIALs for 2021 declaration year. As at following terms:
the end of 2022, 169 officers had not submitted their DIALs.
3862217
3862 THE KENYA GAZETTE 1st September, 2023
“59A. In the performance of its functions, the county public 1.4.3. CORE VALUES
service board shall-
The Board is guided by the following core values in the discharge
(a) Be independent and shall not be subject to the direction or of its mandate
control of any other person or authority; and
(i) Responsiveness
(b) Adhere to the Constitution, this Act and any other relevant
law.’’ (ii) Professionalism
Section 58 of the County Governments Act provides for the (iv) Equity and Fairness
composition of the County Public Service Board as follows:
(v) Integrity
“(1) The County Public Service Board shall comprise—
The Board’s Strategic Plan (2020-2024) represents the collective
(a) a chairperson nominated and appointed by the County and objective views of the Board, staff and stakeholders. It outlines
Governor with the approval of the County Assembly; existing and emerging challenges and sets out strategic directions for
the next few years. The plan formulation process presented an
(b) not less than three but not more than five other members opportunity for the Board to review and align its mandate, functions
nominated and appointed by the County Governor, with the and resources with the Governor’s Manifesto, Kenya Vision 2030 and
approval of the County Assembly; and Kisumu County Integrated Development Plan (CIDP). The objectives
(c) a certified public secretary of good professional standing and strategies set out in this plan aim to strengthen the core activities
nominated and appointed by the Governor, with the approval of the Board, as well as invest in strategic initiatives that will focus on
of the County Assembly, who shall be the Secretary to the the following priority areas: -
Board.”
• Institutional capacity of the Board
The Kisumu County Public Service Board is composed of seven
members as below: • Enhancement of Board’s performance
Charles Babu Karan (Mw.) Chairman of the Board • Values and principles
Jacinta M. A. Kapiyo (Mrs.) Vice Chairperson to the Board • Partnership and networking
Otieno Nashon Aluoka Member of the Board, and 1.5 THE SECRETARIAT
Chair for Discipline,
Governance and Ethics The Board has three (3) main departments headed by directors as
Committee follows:
Edward Joash Kochung’ (Prof.) Member of the Board, and (i) Human Resource Management
Chair for Recruitment, (ii) Finance and Administration
Selection and Capacity
Development Committee (iii) Ethics and Governance.
Stephen Orot (Dr.) - Member of the Board, and The Secretariat is headed by the Board Secretary/Chief Executive
Chairperson for Human Officer and is responsible to the Board for the discharge of its mandate
Resource Audit and through the provision of technical and operational support.
Performance Management
Committee Table 1: Composition of Secretariat Staff by Gender, Designation and
Job Group as at 31st December, 2022
Jane Akinyi Oyare (Ms.) - Member of the Board, and
Chairperson forFinance and Job Total in
Information Asset Designation Male Female
Group Post
Hesbon Owuor Hongo (CS.) - Board Secretary and Head of Director Human Resource R 0 0 0
Secretariat Management
Director Ethics and R 0 1 1
The Board established five (5) committees to facilitate the delivery
Governance
of its mandate as follows:
Director Finance and R 0 0 0
(i) Discipline, Governance and Ethics Committee Administration
Principal Finance Officer N 0 1 1
(ii) Recruitment, Selection and Capacity Development
Senior Ethics and Governance M 0 0 0
Committee
Officer
(iii) Human Resource Audit and Performance Management Chief Supply Chain M 0 1 1
Committee Management Officer
Chief Administrative Officers M 0 2 2
(iv) Finance and Information Asset Committee Legal Assistant K 0 1 1
(v) Agenda and Implementation Committee. Human Resource Officer K 1 1 2
Records Management Officer K 0 1 1
1.4 STRATEGIC OVERVIEW Supply Chain Management K 1 0 1
The Board commenced the implementation of its strategic plan for Officer I
the period 2020 - 2024. The plan aims at guiding the Board in ICT Officer H 1 0 1
delivering its mandate and is a product of extensive collaboration and Accounts Assistant H 1 0 1
comprehensive feedback from all stakeholders. Sign Language Interpreter G 0 1 1
Cleaning Supervisor G 0 1 1
1.4.1. VISION Driver I F 1 0 1
A responsive and performance driven County Public Service Board Driver II E 1 0 1
Support Staff III A 1 0 1
1.4.2. MISSION STATEMENT
TOTAL 7 10 17
To attract, retain, and transform County Public Service for efficient
Service delivery
1st September, 2023 THE KENYA GAZETTE 3863
1.6 OBJECTIVE OF THE REPORT Administration officers (Sign Language Interpreters) from short term
contracts of six (6) months to three (3) year contracts.
Section 59 (1) (d) requires the County Public Service Board to
prepare regular reports for submission to the County Assembly. 2.1.3 ABSORPTION/TRANSITION OF AFYA HALISI (USAID)
Further, Section 59(1) (f) invites the County Public Service Board to STAFF
evaluate and report to the County Assembly on the extent to which the
values and principles referred to in Articles 10 and 232 of the The Department of health made a provision in their budget for the
Constitution are complied with in the County Public Service. financial year 2021/2022 to enable the Board to place the officers on
an additional two and a half year contract having served previously for
The main objectives of the report are: six months. Based on a memorandum of understanding between the
County Government of Kisumu and the JHPIEGO Corporation for
(i) To ensure that the Board Complies with the relevant provisions USAID, the Board transitioned sixteen (16) former Afya Halisi staff
of the County Governments Act, 2012, labour laws, regulatory and placed them on a two and a half (2 1/2) year contract at the rates
requirements, corporate governance and best practices of equivalent to the Universal Health Coverage workers. The officers had
human resource activities, as pertains to the preparation and specialized training in reproductive health.
submission of the annual report to the County Assembly
2.1.4 SUITABILITY INTERVIEWS
(ii) To report the Board’s activities in a transparent manner to
enhance transparency and accountability. The Board conducted suitability interviews for sixteen (16) Afya
Halisi Staff who were engaged on short term contract for six (6)
1.7 SCOPE OF THE REPORT months to enable them be placed on long term engagement. The
This report covers the period from 1st January 2022 to 31st sixteen (16) officers were successful and were issued with two and a
December, 2022 and covers all activities of the Board during the half (2 1/2) year contract as shown in (2.1.3).
period. Seven (7) Sign Language Interpreters from Governance and
PART B: PERFORMANCE INFORMATION Administration Department were also interviewed and all of them
placed on a three (3) year contract.
2.0 PERFORMANCE REPORTS
2.1.5 CONTRACT RENEWALS
The Board discharged its various roles and functions through the
five (5) Committees. Each Committee comprised of at least three During the period, the Board renewed contracts for officers in
Board members. The committees are: different departments as follows:
The Board re-designated a total of Fifty Six (56) officers during Benard Omondi Ouko vs. -The matter came up in court on 7th
the period under review. KCPSB, County Govt. of December 2021 for confirmation of
Kisumu and Abala Wanga. filing of submissions and further
2.2.3 TRANSFER OF SERVICE ELRC NO. E007 OF 2020. directions will be given on 24th
January 2022.
During the period, the Board approved requests from an officer
who transferred her services from the Kisumu County Public Service, On 1st March 2022 the matter was
Department of Health and Sanitation to Uasin Gishu County. mentioned and 14th March given as
2.2.4 STAFF SEPARATION the date of hearing.
During the period under review, seventeen (17) officers retired On 14th March 2022, the Defendants
from the County Public Service, twenty two (22) are due for retirement filed their submissions.
between December, 2022 and June 2023, five (5) resigned while two On 15th June 2022, the petition was
(2) officers regrettably passed on. dismissed. The Petitioner served the
2.2.5 ON- GOING STAFF PROMOTION Defendants with a notice of appeal
which does not affect the status of
The promotion exercise for nine hundred and sixty four (964) the matter as no stay orders were
officers from the following Departments is currently on-going:- granted.
Department No. of Staff Kenya Medical Practitioners -On 23rd December 2020 the Kenya
Pharmacists and Dentists Union Medical Practitioners, Pharmacists
Agriculture, Irrigation, Livestock and 164
vs. Council of County and Dentists Union (KMPDU)
Fisheries
Governors, Cabinet Secretary resolved to call off the strike after
Education, ICT and HRD 84
Ministry of Health, Cabinet reaching a return-to-work formula
Finance and Economic Planning 104
Secretary Ministry of Labour agreement with the Government.
Governance and Administration 34
and Social Protection and all
Health and Sanitation 234 County Governments and -Status quo maintained
Energy and Industrialization 11 Public Service Boards and
Kisumu City 205 Nairobi Metropolitan Services
Business, Cooperatives and Marketing 19 (interested party) ELRC NO.
Lands, Housing and Physical Planning 15 E6464 OF 2020.
Roads, Transport and Public Works 47
Tourism, Arts, Sports and Culture 9 Kenya National Union of -Most nurses resumed work after a
Water, Climate Change and Natural Resource 38 Nurses vs. Kisumu, Kakamega, series of court rulings that deemed
TOTAL 964 Nakuru, Kericho, Makueni, their strike illegal, and ordered them
Laikipia, Murang’a, Nyeri, to continue working as negotiations
2.3 DISCIPLINE, ETHICS AND GOVERNANCE Nyandarua, Kiambu, Kitui and went on.
COMMITTEE Kilifi Public Service Boards.
ELRC NO. 64 OF 2020. -The Court also ordered that all
The Discipline, Ethics and Governance Committee is tasked with disciplinary measures against the
overseeing disciplinary control, ethics and governance and employee clinical officers be stopped and that
relations matters of the Board. This role extends to developing employers pay salaries for all
policies, providing strategic direction and leadership on all matters workers.
relating to discipline, ethics and governance in the County Public
-Kenya Union of Clinical Officers
Service.
(KUCO) Chairman Peterson
2.3.1 DISCIPLINARY AND COURT CASES Wachira directed all members to
resume work but also noted that their
During the period under review, the Board was actively engaged in grievances remain unresolved.
processing various disciplinary and court cases forwarded by various
departments as summarized below. -Kenya National Union of Nurses
(KNUN) Chairman Seth Panyako
Summary of court and disciplinary cases which the Board has been also cited the court order by Justice
involved with during the period under review Maureen Onyango as a reason to call
Case Progress/Status off the strike, and asked all the
health workers to resume duty not
Dennis Otieno Ondago vs. -The matter was mentioned in Court later than 25th February 2021.
County Government of Kisumu on 4th February 2021 and a further
(1st Respondent) and Kisumu mention for directions fixed for 11th -Status quo maintained.
County Public Service Board The Kenya National Union of -On 23rd February 2021, the Court
3866217
3866 THE KENYA GAZETTE 1st September, 2023
(i) George Onyango Kungu 11. Elizabeth Awino Otieno -On 25th November 2020, the matter
vs. County Govt. of was heard to conclusion and
Kisumu, ELRC NO. 315 of -Beatrice Akeyo Onduru is deceased. Judgment issued on 7th April 2021.
2017 As at 3rd August 2021, only Ali -Plaintiff was awarded Ksh
(j) Alice Khajievi Cheto vs. Ramadhan had collected his letter. 2,539,120, the sum of Ksh 905,520
County Govt. of Kisumu, The rest declined the letters claiming being for loss of salary and Ksh.
ELRC NO. 316 of 2017 1,633,600 for gratuity.
they wanted permanent and
(k) Benter Adhiambo Okumu pensionable terms of employment. -Plaintiff’s prayer that the County
vs. County Govt. of The matter went back to court. government foots costs of the case
Kisumu, ELRC NO. 317of On 7th October 2021, Judge Radido was denied.
2017 ordered the claimants to pick the On 22nd February 2022, the Board
(l) Ali Ramadhan vs. County letters of employment as they were. wrote to the County Attorney
Govt. of Kisumu, ELRC By February 2022, all claimants had seeking an update and guidance as
NO. 318 of 2017 the Board was served with a demand
picked their letters of employment. letter from the Claimant’s advocate.
1. Leonard O. Omondi vs. -The Claimants entered into a The matter has come up on different
Kisumu County Govt., temporary contract of employment dates (21st April 2022, 14th May
ELRC No 120 of 2020 with the now defunct County 2022, and 27th September, 2022) for
Council of Kisumu, were issued with mention to confirm payments.
2. Jane Awino Onyango vs. appointment letters in 2013 and
Kisumu County Govt. absorbed as accounts clerks at The matter will be mentioned on 2nd
ELRC No 121 of 2020 Treasurer’s department. They allege November, 2022 to confirm
3. Joice Akoth Apondi vs. the contracts expressly implied that compliance.
Kisumu County Govt. they would be absorbed on Source: Ethics and Governance Department, December, 2021
permanent basis upon expiry of the
1st September, 2023 THE KENYA GAZETTE 3867
The Board, under the auspice of the Agenda and Implementation The Committee ensured that a good number of officers submitted
Committee conceptualized and operationalized its inaugural their DIALs forms. The Committee reported to the Assembly on the
Implementation Status Tracking Tool for purposes of monitoring status of the DIALs compliance in the County. The submitted DIALs
implementation of Board resolutions and overall agenda, and did not include initial and final declarations. It emerged that majority
enhancing accountability in service delivery. of the County public officers are not conversant with the proper
2.5 FINANCE AND INFORMATION ASSETS COMMITTEE manner of completing the wealth declaration forms. Consequently
some information is omitted, vague and/or misplaced.
The Finance and Information Assets Committee is charged with
the responsibility of mobilizing financial resources, sourcing for and Action Points:
funding the Board’s activities. It is also mandated with the protection
of both physical and digital information assets of the Board. • The Board has directed that appropriate disciplinary action be
instituted against the non-compliant officers
2.5.1 BUDGET IMP LEMENTATION IN THE YEAR 2022
• Relevant capacity building to be prioritized for purposes of
The budgeting process for the Board focuses on programmes that enlightening county public officers on the proper manner of
support the acquisition and maintenance of skilled and competent completing the DIALs forms.
personnel for Kisumu County.
• Checks to be put in place at departmental level for
In the FY 2021/2022, the Board’s approved budget was Ksh.
accountability purposes to ensure all collected forms are
75,031,463, which was a 9.08% increase from the Ksh. 68,784,043
delivered to the Board. This is due to many officers blaming
final budget allocation in the previous FY 2020/2021. The Board was
able to utilize 88.20% of the budget in the FY 2021/2022. The non-submission of their forms on their heads of department.
deviation of 11.80% was mainly from personnel emoluments that were Other activities on compliance with National Values and Principles
not charged to the Board, social benefits that were processed but not under Articles 10 and 232 of the Constitution that were scheduled
remitted and amounts for operations that were also processed but not
were not done due to financial constraints that the Board experienced
remitted as at the close of the financial year.
during the year under review.
The current budget allocation for FY 2022/2023 is Ksh.
88,833,775, a further increase of 18.40% from the FY 2021/2022 PART D: CHALLENGES, RECOMMENDATIONS
budget allocation. Due to delay in releasing of funds for operations to 4.0 CHALLENGES
county departments and offices, the operations are yet to start in the
current financial year. The Board did not manage to carry out critical activities, such as a
Comprehensive Human Resource Audit, procurement of Integrated
During the year 2022, the Board did not get its required budget Human Resources Management and Information System due to
allocation, and was therefore constrained in achieving its objectives.
inadequate budget allocation. Policy development has also been
This impeded critical and strategic activities such as Human Resources
hampered by lack of adequate funds, yet it is a key component of
Audit for the County, policy development, acquisition of robust
Human Resources and Information Management Systems Software managing performance at the County Public Service.
and the supporting hardware and the construction of a modern office 4.1 RECOMMENDATIONS
complex with adequate space for staff.
The Board will continue to mobilize funds from partner institutions
PART C: COMPLIANCE WITH NATIONAL VALUES AND to complement the mainstream sources of funds, as well as petition the
PRINCIPLES UNDER ARTICLES 10 AND 232 OF THE County Assembly for adequate funds. The Board will also enhance
CONSTITUTION collaboration with the other departments of the county to ensure
3.0 INTRODUCTION seamless flow of information for prompt decision making at the Public
Service Board. The Discipline Ethics and Governance Committee also
Section 59 (1) (f) of the County Governments’ Act No. 17 of 2012 recommends that the County organs involved in disciplinary matters
required the Board to evaluate and report to the County Assembly on should expedite resolution of the matters. There is also need to involve
the extent which Values and Principles referred to in Articles 10 and expert(s) willing to volunteer their services to assist in the review and
232 of the Constitution of Kenya 2010 are complied with in the finalization of pending policy documents and also carry out periodic
County Public Service. follow-ups to ensure departmental matters are dealt and dispensed with
3.1 COMPLIANCE WITH DECLARATION OF INCOME, in a timely manner.
ASSETS AND LIABILITIES 2019-2021 PART E: PROPOSED ACTIVITIES
Section 26 (1) of the Public Officer Ethics Act, CAP 183 Laws of 5.0 PROPOSED ACTIVITIES FOR THE YEAR 2023
Kenya (Revised, 2012), provides that every public officer shall, once
every two years, submit to the responsible commission for the public The Board will prioritize the following activities in the next
officer a declaration of the income, assets and liabilities of himself, his performance year:
spouse, or spouses and his dependent children under the age of 18
years. S/No. Activities
During the period under review, the Board continued to receive Strategic ActivitiesReview of Human Resource Policies and
late submission of DIALs pursuant to Section 26 (1) of the Public Procedures Manual
Officer Ethics Act, and accordingly maintained a comprehensive Recruit County Public Service Board
updated register of DIALs. Secretariat to fill the vacant positions in line
with the Strategic Plan for 2020-2024
The analysis of submitted DIALs was completed. The status of
Conduct Human Resource Audit
compliance is as outlined below.
Development of Code of Conduct and Ethics
Category of a) Number of b) Number of c) Number of Acquire and operationalize an Integrated
responsible Agency Public/State financial financial Human Resource Management Information
Officers as at declarations declarations System
31 December received by 31 not received by Operational Implementation of the Annual work plan
2021 December 31 December Activities Sensitize the County Executive on the role of
2021 2021 the Public Service Board
Promotion of Values Implementation of the report of the baseline
1 Job Group M 753 719 34
and Principles survey on the status of compliance with values
and ABOVE
and principles under Articles 10 and 232
2 Job Group L 3913 3778 135 within the County Public Service.
and Below
Quarterly outreach for sensitization on Articles
Total 4666 4497 169 10 and 232 of the Constitution
Undertake ethics risk assessment
Hold a County Integrity Conference
3870217
3870 THE KENYA GAZETTE 1st September, 2023
S/No. Activities Further enquiries can be made through the Registrar’s Offices,
P.O. Box 1131 – 00606, Lion Place, Waiyaki Way, 4th Floor, from
Performance Monitoring and evaluation of the 8.00 a.m. to 5.00 p.m.
Management and implementation of performance contracts and
Staff Rewards staff appraisals within the County Public Dated the 13th June, 2023.
Service ANN N. NDERITU,
MR/5175870 Registrar of Political Parties/CEO.
5.1 CONCLUSION
During the period under review, the Board made notable progress
GAZETTE NOTICE NO. 11772
in Human Resource Performance Management through conversion of
employment terms from contract to permanent for a significant THE PROCEEDS OF CRIME AND ANTI-MONEY
percentage of county staff, as well as promotion of more staff. In the LAUNDERING ACT
ensuing year, the Board will prioritize policy development and staff
capacity building to enhance individual performance and improve (No. 9 of 2009)
overall productivity within the County Public Service. PRESERVATION ORDERS
MR/5150067 IN EXERCISE of the powers conferred by section 83 (1) of the
Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency
Director gives notice to—
GAZETTE NOTICE NO. 11770 Felesta Nyamathira Njoroge that the High Court has issued
THE POLITICAL PARTIES ACT preservation orders in Nairobi High Court Miscellaneous Application
No. E026 of 2023 as specified in the Schedule hereto.
(No. 11 of 2011)
IN THE MATTER OF: PRESERVATION OF FUNDS OF KSH.
CHANGE OF LOCATION OF HEAD OFFICE 6,499,920.00 HELD IN ACCOUNT NO.
5040160012 AT NCBA IN THE NAME
IN EXERCISE of the powers conferred by section 20 (1) (e) of the OF FELESTA NYAMATHIRA
Political Parties Act, 2011, the Registrar of Political Parties gives NJOROGE
notice that Movement for Democracy and Growth (MDG) intends to
make changes to the location of their head office as follows: BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
Former Location Current Location
Dennis Pritt Road Kirichwa Gardens, Wanandege Flats VERSUS
Any person with written submissions concerning the intended FELESTA NYAMATHIRA NJOROGE—(Respondent)
changes by the political party shall within seven (7) days from the date IN CHAMBERS ON 23RD AUGUST, 2023
of this publication make their written submissions to the Registrar of
Political Parties. BEFORE HON. LADY JUSTICE D. KAVEDZA
Further enquiries can be made through the Registrar’s Offices, ORDER
P.O. Box 1131–00606, Lion Place, Waiyaki Way, 4th Floor, from 8.00
a.m to 5.00 p.m. THIS MATTER COMING UP before Honorable Lady Justice D.
Kavedza on 23rd August, 2023 for directions on the Originating
Dated the 21st August, 2023. Motion dated 22nd August, 2023 brought by Counsel for the Applicant
ANN N. NDERITU, under sections 81 and 82 of the Proceeds of Crime and Anti-Money
MR/5175867 Registrar of Political Parties/CEO. Laundering Act and Order 51 of the Civil Procedure Rules, and all
other enabling provisions of the law and upon reading the Supporting
Affidavit of Isaac Nakitare and all the annexures thereto:
GAZETTE NOTICE NO. 11771 Exparte”
THE POLITICAL PARTIES ACT IT IS HEREBY ORDERED:
(No. 11 of 2011) 1. THAT the Application be and is hereby certified urgent.
CHANGE OF POLITICAL PARTY OFFICIALS 2. THAT Preservation Orders are hereby issued prohibiting the
Respondent her employees, agents, servants or any other persons
IN EXERCISE of the power conferred by section 20 (1) (c) of the acting on her behalf from transacting, withdrawing, transferring,
Political Parties Act, 2011, the Registrar of Political Parties gives and/or dealing in any manner howsoever in respect of:
notice that People’s Empowerment Party (PEP) intends to change its
officials as follows, following elections by Party’s National Delegates (a) KSh. 6,499,920.00 held in NCBA Bank Account No.
Conference (NDC): 5040160012 in the name of Felesta Nyamathira Njoroge.
(b) Any profits or benefits derived or accrued from funds specified
Designation Current Official
in (a) above.
Party Leader -
National Chairman Simiyu Watson Wekesa 3. THAT the orders shall remain in force for a period of ninety (90)
Vice-Chairperson Mraja Said Suleiman days as provided in Section 84 of the Proceeds of Crime and Anti-
Money Laundering Act (POCAMLA)
Secretary-General Mwambingu Joyce Ndamu
Deputy Secretary-General Kamau Benson Mwangi 4. THAT the matter shall be mentioned on the 22nd November, 2023
Organizing Secretary Momanyi Samuel Ondara before Lady Justice E. Maina, Presiding Judge, Anti-Corruption
Deputy Organizing Secretary Wayua Isaac Matolo Division.
National Treasurer Mwambingu Justine Kambale
It is so ordered.
National Women Leader Mirriam Nyambu Suleiman
Deputy National Women Leader Nabwe Tabitha GIVEN under my hand and the seal of this Honorable Court this
National Youth Leader Mwambingu Phoebeannah Majala 23rd day of August, 2023.
Deputy National Youth Leader Wekesa Robert Simiyu
ISSUED at NAIROBI this 24th day of August, 2023.
Any person with written submissions concerning the intended
change by the political party shall within seven (7) days from the date DEPUTY REGISTRAR,
of this publication, deposit them with the Registrar of Political Parties. High Court
Anti Corruption and Economic Crimes Division
1st September, 2023 THE KENYA GAZETTE 3871
PENAL NOTICE (a) USD 368,185.77 held in National Bank of Kenya Limited
Account No. 02006230139300 in the name of Anthony Kepha
Take notice that if you, the above-named respondents or your Odiero.
servants/agents disobey this order, you will be cited for contempt of
court and shall be liable to imprisonment for a period of not more than (b) Motor vehicle registration number KDE 369G, Range Rover,
six months. (c) Motor vehicle registration number KCN 880Q, Mercedes-Benz
Dated the 29th August, 2023. E250
ALICE M. MATE, 3. THAT the Respondent is directed to surrender to the applicant the
Director. original logbooks of the motor vehicles registration numbers: KDE
369G Range Rover and KCN 880Q Mercedes Benz E250 within 7
PTG NO. 245/23-24
days from the date hereof.
4. THAT the Respondent is directed to surrender the motor vehicles
GAZETTE NOTICE NO. 11773 specified in order 3 above to the applicant within 7 days from the
date hereof.
THE PROCEEDS OF CRIME AND ANTI-MONEY
LAUNDERING ACT 5. THAT the Director-General of National Transport and Safety
Authority is directed to immediately register caveats in respect of
(No. 9 of 2009) the said motor vehicles specified in order 3 above.
PRESERVATION ORDERS 6. THAT the orders shall remain in force for a period of ninety (90)
days as provided in Section 84 of the Proceeds of Crime and Anti-
IN EXERCISE of the powers conferred by section 83 (1) of the Money Laundering Act (POCAMLA)
Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency
Director gives notice to— 7. THAT the matter shall be mentioned on the 22nd November, 2023
before Lady Justice E. Maina, Presiding Judge, Anti-Corruption
Anthony Kepha Odiero that the High Court has issued preservation Division.
orders in Nairobi High Court Miscellaneous Application No. E027 of
2023 as specified in the Schedule hereto. It is so ordered.
IN THE MATTER OF: AN APPLICATION FOR ORDERS UNDER GIVEN under my hand and the seal of this Honourable Court this
25th day of August, 2023.
SECTIONS 81, 82 OF THE PROCEEDS OF
CRIME AND ANTI-MONEY ISSUED at NAIROBI this 25th day of August, 2023.
LAUNDERING ACT (POCAMLA) AS
READ TOGETHER WITH ORDER 51 OF DEPUTY REGISTRAR,
THE CIVIL PROCEDURE RULES. High Court
Anti Corruption and Economic Crimes Division.
AND
PENAL NOTICE
IN THE MATTER OF: USD 368,185.77 HELD AT NATIONAL
BANK LIMITED USD ACCOUNT NO. Take notice that if you, the above-named respondents or your
02006230139300 IN THE NAME OF servants/agents disobey this order, you will be cited for contempt of
court and shall be liable to imprisonment for a period of not more than
ANTHONY KEPHA ODIERO
six months.
IN THE MATTER OF: Dated the 29th August, 2023.
• Motor Vehicle of Registration No. KDE 369G, Range Rover, ALICE M. MATE,
Chassis NoO. SALGA2JE2EA151305 in the name of Anthony PTG 245/23-24 Director.
Kefa Odiero
• Motor Vehicle Registration No. KCN 880Q, Mercedes-Benz GAZETTE NOTICE NO. 11774
E250, Chassis No. WDD2120472-A343482 in the Name of
Anthony Kefa Odiero. THE PROCEEDS OF CRIME AND ANTI-MONEY
LAUNDERING ACT
BETWEEN
(No. 9 of 2009)
ASSETS RECOVERY AGENCY—(APPLICANT)
PRESERVATION ORDERS
VERSUS
IN EXERCISE of the powers conferred by section 83 (1) of the
ANTHONY KEPHA ODIERO—(RESPONDENT) Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency
Director gives notice to—
IN CHAMBERS ON 25TH AUGUST, 2023
Nancy Indovera Kigunzu that the High Court has issued
BEFORE HON. LADY JUSTICE D. KAVEDZA preservation orders in Nairobi High Court Miscellaneous Application
No. E028 of 2023 as specified in the Schedule hereto.
ORDER
IN THE MATTER OF: AN APPLICATION FOR ORDERS UNDER
THIS MATTER COMING UP before Honourable Lady Justice D. SECTIONS 81, 82 OF THE PROCEEDS OF
Kavedza on 25th August, 2023 for directions on the Originating CRIME AND ANTI-MONEY
Motion dated 22nd August, 2023 brought by Counsel for the Applicant LAUNDERING ACT (POCAMLA) AS
under Sections 81 and 82 of the Proceeds of Crime and Anti-Money READ TOGETHER WITH ORDER 51 OF
Laundering Act and Order 51 of the Civil Procedure Rules, and all THE CIVIL PROCEDURE RULES
other enabling provisions of the law and upon reading the Supporting
Affidavit of FREDERICK MUSYOKI and all the annexures thereto: AND
names of the following companies from the Register of Companies NOTICE is given pursuant to the provisions of sections 13 (g), 40
and the companies shall be dissolved— (1, 2 and 3), 49, 9 (1) and 69 (1 and 4) of the Physical and Land Use
Planning Act, 2019 as read together with Legal Notice Nos. 159 of
Number Name of Company 2019 and 27 of 2020, the preparation of the above development plans
PVT-V7UB836 Aba Design Creations Limited were on the 6th June, 2023, completed.
PVT-7LUVZK2 Achievers Resort Company Limited The development plans relate to land situated within Kilifi Sub-
PVT-5JUEB67Y Al Bashayer Livestock Company Limited county, Kilifi County.
PVT-EYUK2RG Apex Peaks Limited
PVT-ZQUMLBD Ayugra Company Limited Copies of the development plans as prepared have been deposited
C.140395 Beewan Enterprises Limited for public inspection at the County Executive Committee Member for
CPR/2013/122567 Belfast Park Limited Lands, Energy, Housing, Physical Planning and Urban Development,
PVT-6LU6AQZ Ben Plaza Pharmacy Limited County Lands Headquarters Building, Kilifi.
CPR/2009/14644 Bloom Holdings Limited
CPR/2011/52697 Bloom Investments Limited The copies so deposited are available for inspection free of charge
C.152828 Cag Export And Import Limited by all persons interested at the County Executive Committee Member
C.33326 Cititex Limited for Lands, Energy, Housing, Physical Planning and Urban
CPR/2013/94004 Clean Power Systems Kenya Limited Development, County Lands Headquarters Building, Kilifi, between
PVT-RXUKK2V Crystal Fountain Limited the hours of 8.00 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m., Monday
PVT-6LUKB238 Cyber Security Distribution Kenya Limited to Friday.
PVT-PJUX72M Diirad Films Limited
PVT-V7UMDLJ Dimehub Limited Any interested person(s) who wishes to make any representation in
PVT-DLUK8ZE Ease My Safari Limited connection with or objection to the above-named part development
CPR/2013/111040 Eastbury Holdings Limited plans may send such representations in writing to be received by the
PVT-MKUYEVJ Fantastic Hallmark Limited CECM, Lands, Energy, Housing, Physical Planning and Urban
PVT-RXU2J9G Garden Masters Developers Limited Development, P.O. Box 519–80108, Kilifi or through e-mail
PVT-RXU3ZZ2 Green Hope Entrepreneur Limited [email protected], not later than sixty (60) days from the date of
C.7878 Impex Wholesalers Limited publication of this notice and such representations or objections shall
CPR/2013/101210 Iolaus Limited state the grounds on which they are made.
PVT-LRUYJQ69 Isaz Carporium Automobiles Limited
PVT-3QU73B86 Ischus General Suppliers Limited Dated the 23rd June, 2023.
PVT-3QUADV Ituun Enterprises Limited ERICK RANDU,
C.95855 Kemta Manufacturers Limited CECM, Lands, Energy, Physical Planning,
CPR/2012/68963 Kuria Foundation For Social Enterprise
MR/5175664 Housing and Urban Development.
PVT-9XUGJLPV Lance and Hills Limited
C. 116647 Laxman Investments Limited
PVT-JZUGQYJM Ma Moda Concept Limited
CPR/2011/43269 Maks Enterprises Limited GAZETTE NOTICE NO. 11778
CPR/2012/85638 Marakiqana Limited
THE PHYSICAL AND LAND USE PLANNING ACT
C.117461 Metal Stores Limited
PVT-27U5M826 Mofuba Limited (No. 13 of 2019)
PVT-GYU9PRB Mountain Lodge at the Lake Limited
CPR/2014/166303 Netbizimpact Limited COMPLETION OF PART DEVELOPMENT PLANS
PVT-Y2UARML Olive Kitchen Limited
PVT-Y2UADB8 Prokon Software Consultants Limited PDP No. C21/100/2023/001— Proposed Formalization of Existing
PVT-RXU2R5QG Pulsebet Limited Seventh-Day Adventist Church (East Africa) Limited
PVT-Q7U7B8K Ranita Investment Limited PDP No. C21/Ndikwe/2023/003—Proposed Formalization of
PVT-XYU8LQ87 Red Sandpiper Limited Existing Diocese of Murang’a Registered Trustee
CPR/2013/102978 Runyaki Investments Company Limited
C.15331 Shelly Holdings Limited PDP No. C21/Ndakaini/2023/001—Proposed Formalization of
PVT/2016/025552 Solupex Ventures Limited Existing Commercial Plots
C.167879 Spectrum Independent Risk Consulting Limited
C.116783 Themagictouch East Africa Limited NOTICE is given pursuant to the provisions of sections 13 (g), 40
C.32358 Titlis Limited (1, 2 and 3), 49, 9 (1) and 69 (1 and 4) of the Physical and Land Use
PVT-RXU85Q8 Toloitap Gaa Ne Kiim Investment Limited Planning Act, 2019, the preparation of the above development plans
PVT-ZQULLZJ8 Toloitap Limited were on the 7th July, 2023, completed.
PVT-7LUMQJ5 Toronto Energy Limited
CPR/2014/162058 Traficon Limited The development plans relate to land situated within Murang’a
PVT-7LU7722 Transtal Consulting Limited County.
C.62902 Trisan Hotel Limited Copies of the development plans as prepared have been deposited
C.169889 Wide Range Hardware Transporters Limited for public inspection free of charge at the County Director of Physical
PVT-8LU3DZD Wondernuts Kenya (Epz) Limited
Planning and sub-county offices.
Dated the 29th August, 2023.
The copies so deposited are available for inspection free of charge
JOYCE KOECH,
by all persons interested at the County Director of Physical Planning
Registrar of Companies.
and sub-county offices, between the hours of 8.00 a.m. to 5.00 p.m.
Any interested person(s) who wishes to make any representation in
GAZETTE NOTICE NO. 11777 connection with or objection to the above-named part development
plans may send such representations in writing to be received by the
THE PHYSICAL AND LAND USE PLANNING ACT County Executive Committee Member, Lands, Physical Planning and
(No. 13 of 2019) Urban Development, P.O. Box 52–10200, Murang’a, not later than
twenty-one (21) days from the date of publication of this notice and
COMPLETION OF PHYSICAL AND LAND USE DEVELOPMENT PLANS such representations or objections shall state the grounds on which
PDP No. 127/KLF/2/2021—Proposed Mtwapa Squatter they are made.
Formalization Scheme MN/III/336 Dated the 14th August, 2023.
PDP No. 127/KLF/3/2021—Proposed Mtwapa Squatter WINNIE MWANGI,
Formalization Scheme MN/III/337 CECM, Lands, Physical Planning,
MR/5175555 and Urban Development.
3874217
3874 THE KENYA GAZETTE 1st September, 2023
Occupational • Proponent will ensure that all building plans are The proponent, Gorofani Ent Limited proposes to set up an
health and approved by County Local authority and NCA. asbestos disposal site. The site is not for a one-off disposal and
safety risks therefore the size/tons of asbestos to be disposed-off annually cannot
• Provide appropriate PPEs to construction. be determined yet. The space site will be excavated for the specific
disposal but strictly guided by the hydrological survey report by a
• Conduct regular inspections for sewage pipe registered hydrologist on the excavation depth. The excavated pit shall
blockages or damages and fix appropriately. be marked with ‘danger sign’ on Mkondoni Sub-location, Langobaya
Road traffic • Good driving practices to be practiced. Location, Malindi in Kilifi.
disruption The following are the anticipated impacts and proposed mitigation
• Suitable junction/access point to be provided.
measures:
• Use of appropriate and legible signage.
Impacts Mitigation Measures
• Employment of formal flagmen / women to
Habitat loss • Protect indigenous trees and other surrounding
ensure the public safety.
(flora and vegetation that need not be removed.
Waste water • The effluent being discharged to the sewer line fauna)
• Minimize site clearance to only areas needed for
generation should conform to the limits as provided for excavations.
under Environmental Management Co-
1st September, 2023 THE KENYA GAZETTE 3875
petition may appear at the time of hearing in person or by his advocate off Nairobi – Mombasa Road,
for that purpose and a copy of the petition will be furnished by the P.O. Box 54280 – 00200, City,
undersigned to any creditor or contributory of the said company Square, Nairobi.
requiring such a copy on payment of regulated charge for the same.
Nature of Business: Supermarket
Dated at Malindi this 8th day of June, 2023.
Appointing Court: High Court of Kenya at Nairobi,
DEPUTY REGISTRAR, Milimani Commercial and Tax
High Court of Kenya at Malindi. Division,
HCCOMMINP/E018/2020
Drawn & Filed By:
Wambua Kilonzo & Company., Liquidator’s Name: Owen Koimburi Njenga
Advocates,
Elite Plaza, 3rd Floor, Liquidator’s Address: c/o Mazars Limited Liability
Kenyatta Road. Partnership,
MR/4524139 P.O. Box 2050–80200, Malindi. 3rd Floor, The Green House,
Ngong’ Road,
P.O. Box 61120–00200,
GAZETTE NOTICE NO. 11782 Nairobi.
THE INSOLVENCY ACT, 2015 Date of Appointment: 18th August, 2023
JUNGLE MACS (EPZ) LIMITED
Date of Liquidation Order: 31st May, 2023
(In Administration)
Dated the 28th August, 2023.
APPOINTMENT
PURSUANT to section 563 (2) (b) of the Insolvency Act, 2015, OWEN KOIMBURI NJENGA,
notice is given that effective the 10th August, 2023, Messrs. (1) MR/4524231 Interim Liquidator.
Muniu Thoithi and (2) George Weru, of Pricewaterhouse Coopers
Limited, have been appointed as joint administrators (“the
Administrators”) of Jungle Macs (EPZ) Limited (in administration) GAZETTE NOTICE NO. 11784
(“Jungle Macs” or “the Company”) based in Thika.
CLOSURE OF PRIVATE ROADS AND FOOTPATHS
Administration proceedings are a legal business rescue process that
the stakeholders of a Company are required to consider when a TAKE NOTICE that Oserian Development Company Limited
Company is faced with financial difficulties. The primary objective of intends to close all private roads and footpaths running through its
administration is to enable an administrator, a licensed insolvency estates on L.R. No. 30443 and L.R. No. 7425/8 on Friday, the 24th
practitioner, to explore the ways of rescuing the company either as a September, 2023, between 12.00 a.m. and 11.59 p.m. and during this
going concern or by achieving a better outcome for the creditors than period, all vehicles and pedestrians will be prohibited from using these
would be in the case of a liquidation. private roads and footpaths.
With their appointment, the Administrators shall now take control Dated the 20th August, 2023.
over the assets and the management of the affairs of the Company. By
virtue of the Administration, the powers of the directors of the NIKOLAS THOMPSON,
Company in terms of dealing and/or transacting with the Company’s MR/5175736 Director.
assets have ceased. Moving forward, all matters, operational or
otherwise, pertaining to the affairs of the Company should be directed
to the Joint Administrators or their authorised representatives. GAZETTE NOTICE NO. 11785
The Joint Administrators are currently engaging all key THIRD MOTORS
stakeholders of the Company as they seek to achieve the best possible
outcome to the current situation of the Company. DISPOSAL OF UNCOLLECTED GOODS
Creditors of the Company are required to send full particulars of NOTICE is issued in pursuant to the provisions of the Disposal of
any claims they may have against the Company to the undersigned on Uncollected Goods Act (Cap. 38) of the laws of Kenya, to the owner
or before 10th September, 2023. of vehicle registration No. KBA 785Y, to collect the said motor
vehicle from Third Motors, along Waiyaki Way, within thirty (30)
The Joint Administrators act on behalf of the Company without
any personal liability. days from the date of publication of this notice, upon payment of all
outstanding storage charges, plus costs of publishing this notice and
All correspondence should be addressed to: any other loss incurred, failure to which the said motor vehicle shall
be disposed of by way of public auction or private treaty and the
The Joint Administrators, proceeds of sale shall be defrayed against any further accrued
Jungle Macs (EPZ) Limited (In Administration), storage charges. Balance if any shall remain at the owner’s credit,
c/o P.O. Box 43963–00100, should the owner fail to take deliver within the stipulated period as
Nairobi, Kenya. herein above stated.
[email protected] Dated the 23rd August, 2023.
MUNIU THOITHI, DIRECTOR,
MR/5175686 Joint Administrator. MR/5176000 Third Motors.
of under the Disposal of Uncollected Goods Act, either by public GAZETTE NOTICE NO. 11790
auction, tender or private treaty and the proceeds of the sale be
defrayed against all accrued charges without any further reference to WINDSOR HOUSE AUCTIONEERS
the owner. DISPOSAL OF UNCOLLECTED GOODS
Dated the 31st August, 2023. NOTICE is issued pursuant to section 5 of Disposal of Uncollected
J. M. GIKONYO, Goods Act (Cap. 38) of the laws of Kenya and following authority and
MR/5175887 for Garam Investments Auctioneers. order under CR. Misc. No. E363/2023 in the Senior Principal
Magistrate’s Court at Kibera to the public/owners/custodians of motor
vehicles and motorcycles which are lying idle and unclaimed within
GAZETTE NOTICE NO. 11787 Parklands Police yard, to collect the said motor vehicles and
motorcycles within thirty (30) days from the date of publication of this
VISION POINT TECHNOLOGIES, KERUGOYA notice. Failure to which Windsor House Auctioneers, shall proceed to
dispose the said motor vehicles and motorcycles by a way of public
DISPOSAL OF UNCOLLECTED GOODS auction on behalf of Parklands Police Station if they remain
unclaimed; -
PURSUANT to sections 6 and 7 of the Disposal of Uncollected
Goods Act (Cap. 38) of the laws of Kenya, notice of intention to sell is Motor Vehicles
given to the owners of all uncollected electronic goods lying at Vision
Point Technologies, Kerugoya, Kirinyaga County. The owners should Numberless Toyota (White); KAV 267X, Nissan March (Beige); KAZ
008l, Toyota Premio (Silver); KAQ 890Z, Town Ace (Blue); KBB
take delivery of the said electronic goods within thirty (30) days from
333Q, Mercedes Benz (Blue).
the date of publication of this notice. Delivery is subject to payment of
all outstanding debts, storage and other incidental costs, including the Motor Cycles
cost of publication of this notice. Should the goods remain uncollected
upon the expiry of this notice, they will be sold via public auction, 1. KMCZ 874Q, Haojin; KMCZ 128Y, TVS Blue; KMDA 045C,
tender, or private treaty, without any further communication with the Lifan; KMDT 699K, Boxer; KMEP 408F, Flyjet; KMEA 077Y,
owners. All accrued charges will be deducted from the proceeds of the Skygo; KMET 023T, Boxer; KMEM 226N, Boxer; KMEF 211Y,
sale, with any remaining balance credited to the owners. If the sale Boxer; KMFL 184B, Boxer; KMDY 461D, Dayun; KMDR 421D,
yields less than the charges owed, the owners will be responsible for Boxer; KMDM 337D, Scooter; KMCF 213F, MTR; KMDW 760M,
Boxer; KMDD 298D, Skygo; KMDK 630N, Captain; KMEA 123Z,
the shortfall.
Boxer; KMEG 773U, Skygo; KMEH 638Q, Hero; KMDY 748H,
Dated the 16th August, 2023. Tiger; KMDC 320L, Boxer; KMDX 363W, Boxer; KMDN 479E,
JOSHUA M. NGUU, Boxer; KMDN 475W, Shineray; KMED 607Y, Ranger; KMDJ 293P,
MR/5175898 Vision Point Technologies, Kerugoya. Boxer; KMDY 461D, Dayun; KMDD 258H, Sharks; Chassis U.E 311-
000490, Yamaha; KMDF 671Y, Boxer; Numberless Lifan; KMEC
824Z, Sunrise; KMDS 214A, Boxer; KMEN 215P, Boxer; KMDN
118L, TVS; Numberless Levhalt; KMEJ 125W, Yamaha; KMDH
GAZETTE NOTICE NO. 11788 725H, Dayun; KMCF 213F, MTR; KMDB 037Q, Highflyer; KMDN
597D, TVS; Four Burnt Shells of Motorcycles.
SUPERTOUCH AUTO CENTRE LIMITED
Dated the 30th August, 2023.
DISPOSAL OF UNCOLLECTED GOODS PATRICK N. MULI,
NOTICE is issued in pursuant to the provisions of the Disposal of MR/4524216 for Windsor House Auctioneers.
Uncollected Goods Act (Cap. 38) of the laws of Kenya, to Hilary K.
Mwangi, c/o NIC Bank Kenya Plc, (Now NCBA Bank Limited), of
P.O. Box 44599–00100, Nairobi and of Telephone Number GAZETTE NOTICE NO. 11791
0722518914, to collect motor vehicle registration number KCU 193S,
MAKYS AUCTIONEERS
Make–Toyota Noah, from the yard of Supertouch Auto Centre
Limited, at Industrial Area, Dar-es-Salaam Road, off Enterprise Road, DISPOSAL OF UNCOLLECTED GOODS
within thirty (30) days from the date of publication of this notice, upon
payment of all outstanding storage charges, totaling to KSh. seven NOTICE is issued pursuant to section 5 of Disposal of Uncollected
hundred and forty eight thousand and twenty and thirty five cents Goods Act (Cap. 38) of the laws of Kenya and following authority and
(KSh. 748,020.35/=) plus costs of publishing this notice and any other order under CR. Misc No. E4/2023 in the Senior Principal
costs incurred, failure to which the said motor vehicle will be disposed Magistrate’s Court at Mpeketoni, to the public/owners/custodians of
of by way public auction or private treaty and the proceeds of sale motorcycles which are lying idle and unclaimed within Mpeketoni
Police yard, to collect the said motorcycles within thirty (30) days
shall be defrayed against any further accrued storage charges and
from the date of publication of this notice. Failure to which Makys
balance, if any, shall remain at the owner’s credit, should the owner Auctioneers, shall proceed to dispose the said Motorcycles by a way of
fail to take delivery within the stipulated period as herein above stated. public auction on behalf of Mpeketoni Police Station if they remain
Dated the 16th August, 2023. unclaimed; -
Syokimau Railway Station, upon payment of the amount of Ksh. GAZETTE NOTICE NO. 11797
5,152,500 being storage and repairs charges and other incidental costs
that may arise from this exercise, failure to which the said crane will CHANGE OF NAME
be sold as provided for under section 7 of the Act.
NOTICE is given that by a deed poll dated 9th August, 2023,
Dated the 14th July, 2023. duly executed and registered in the Registry of Documents at Nairobi
ARUND RAGHWANI, as Presentation No. 1801, in Volume DI, Folio 1238/1534, File No.
MR/4524249 Director, Laxmanbhai Construction Limited. MMXXII, by our client, Safiya Dahir Salad, of P.O. Box 26150–
00100, Nairobi in the Republic of Kenya, formerly known as Safiya
GAZETTE NOTICE NO. 11793 Mohamud Sear, formally and absolutely renounced and abandoned the
CHANGE OF NAME use of her former name Safiya Mohamud Sear and in lieu thereof
assumed and adopted the name Safiya Dahir Salad, for all purposes
NOTICE is given that by a deed poll dated 26th July, 2023, duly and authorizes and requests all persons at all times to designate,
executed and registered in the Registry of Documents at Mombasa as describe and address her by her assumed name Safiya Dahir Salad
Presentation No. 482, in Volume B-13, Folio 2299/19675, File No. only.
1637, by our client, Hossen Golicha Guyo, of P.O. Box 83759–80100,
Mombasa in the Republic of Kenya, formerly known as Hussein JAMES ANG’AWA ATANDA & COMPANY,
Abdullahi Ali, formally and absolutely renounced and abandoned the Advocates for Safiya Dahir Salad,
use of his former name Hussein Abdullahi Ali and in lieu thereof MR/4524263 formerly known as Safiya Mohamud Sear.
assumed and adopted the name Hossen Golicha Guyo, for all purposes
and authorizes and requests all persons at all times to designate,
describe and address him by his assumed name Hossen Golicha Guyo
only. GAZETTE NOTICE NO. 11798
WACHENJE & MARIGA LLP, CHANGE OF NAME
Advocates for Hossen Golicha Guyo,
MR/4524134 formerly known as Hussein Abdullahi Ali. NOTICE is given that by a deed poll dated 25th August, 2023,
duly executed and registered in the Registry of Documents at Nairobi
GAZETTE NOTICE NO. 11794 as Presentation No. 1802, in Volume DI, Folio 1239/1534, File No.
MMXXII, by our client, Laura A. Elridah, of P.O. Box 30062–00100,
CHANGE OF NAME Nairobi in the Republic of Kenya, formerly known as Laura Atieno
NOTICE is given that by a deed poll dated 28th August, 2023, Ombok, formally and absolutely renounced and abandoned the use of
duly executed and registered in the Registry of Documents at Nairobi her former name Laura Atieno Ombok and in lieu thereof assumed
as Presentation No. 1724, in Volume DI, Folio 964/1533, File No. and adopted the name Laura A. Elridah, for all purposes and
MMXXII, by our client, Shahia Haji Koriyo, of P.O. Box 51759– authorizes and requests all persons at all times to designate, describe
00100, Nairobi in the Republic of Kenya, formerly known as Shahia and address her by her assumed name Laura A. Elridah only.
Ismail Adan, formally and absolutely renounced and abandoned the
use of her former name Shahia Ismail Adan and in lieu thereof JAMES ANG’AWA ATANDA & COMPANY,
assumed and adopted the name Shahia Haji Koriyo, for all purposes Advocates for Laura A. Elridah,
and authorizes and requests all persons at all times to designate, MR/4524263 formerly known as Laura Atieno Ombok.
describe and address her by her assumed name Shahia Haji Koriyo
only.
BARE & ASSOCIATES, GAZETTE NOTICE NO. 11799
Advocates for Shahia Haji Koriyo,
MR/4524262 formerly known as Shahia Ismail Adan. CHANGE OF NAME
NOTICE is given that by a deed poll dated 6th July, 2020, duly
GAZETTE NOTICE NO. 11795
executed and registered in the Registry of Documents at Nairobi as
CHANGE OF NAME Presentation No. 2025, in Volume D1, Folio 323/2514, File No.
MMXX, by our client, Power Mwendwa Mwanza, of P.O. Box
NOTICE is given that by a deed poll dated 17th December,
18950–00100, Nairobi in the Republic of Kenya, formerly known as
2019, duly executed and registered in the Registry of Documents at
Nairobi as Presentation No. 1961, in Volume DI, Folio 197/3448, File Mathew Mwendwa Mwanza, formally and absolutely renounced and
No. MMXXI, by our client, Emily Atieno Abok, of P.O. Box 29425– abandoned the use of his former name Mathew Mwendwa Mwanza,
00100, Nairobi in the Republic of Kenya, formerly known as Milcah and in lieu thereof assumed and adopted the name Power Mwendwa
Atieno Missiani Denga, formally and absolutely renounced and Mwanza, for all purposes and authorizes and requests all persons at all
abandoned the use of her former name Milcah Atieno Missiani Denga times to designate, describe and address him by his assumed name
and in lieu thereof assumed and adopted the name Emily Atieno Power Mwendwa Mwanza only.
Abok, for all purposes and authorizes and requests all persons at all
times to designate, describe and address her by her assumed name NJONJO OKELLO & ASSOCIATES,
Emily Atieno Abok only. Advocates for Power Mwendwa Mwanza,
MR/4524184 formerly known as Mathew Mwendwa Mwanza.
KIVUVA OMUGA & COMPANY,
Advocates for Emily Atieno Abok,
MR/4524170 formerly known as Milcah Atieno Missiani Denga.
GAZETTE NOTICE NO. 11800
GAZETTE NOTICE NO. 11796
CHANGE OF NAME
CHANGE OF NAME
NOTICE is given that by a deed poll dated 3rd April, 2023, duly
NOTICE is given that by a deed poll dated 6th March, 2023, executed and registered in the Registry of Documents at Nairobi as
duly executed and registered in the Registry of Documents at Presentation No. 589, in Volume D1, Folio 115/1282, File No.
Mombasa as Presentation No. 410, in Volume B-13, Folio MMXXIII, by our client, Nawal Farah Mohamed, formerly known as
2284/19488, File No. 1637, by our client, Lord Nitesh Vishram Sulekha Farah Mohamed, formally and absolutely renounced and
Hirani, of P.O. Box 84385–80100, Mombasa in the Republic of
Kenya, formerly known as Mr. Nitesh Vishram Hirani, formally and abandoned the use of her former name Sulekha Farah Mohamed, and
absolutely renounced and abandoned the use of his former name Mr. in lieu thereof assumed and adopted the name Nawal Farah Mohamed,
Nitesh Vishram Hirani and in lieu thereof assumed and adopted the for all purposes and authorizes and requests all persons at all times to
name Lord Nitesh Vishram Hirani, for all purposes and authorizes and designate, describe and address her by her assumed name Nawal Farah
requests all persons at all times to designate, describe and address him Mohamed only.
by his assumed name Lord Nitesh Vishram Hirani only.
SHEILA MUGO & COMPANY,
BALALA ABED, Advocates for Nawal Farah Mohamed,
Advocate for Lord Nitesh Vishram Hirani, MR/4524219 formerly known as Sulekha Farah Mohamed.
MR/4524268 formerly known as Mr. Nitesh Vishram Hirani.
1st September, 2023 THE KENYA GAZETTE 3879
NOTICE is given that by a deed poll dated 13th June, 2023, duly NOTICE is given that by a deed poll dated 23rd May, 2023, duly
executed and registered in the Registry of Documents at Nairobi as executed and registered in the Registry of Documents at Nairobi as
Presentation No. 180, in Volume D1, Folio 921/1549, File No. Presentation No. 2086, in Volume D1, Folio 199/2133, File No.
MMXXII, by our client, Fatuma Ali Issack, formerly known as Suada MMXXIII, by our client, Paul Kinuthia Murage Dicarlo, of P.O. Box
Adan Issack, formally and absolutely renounced and abandoned the 33216–00600, Nairobi in the Republic of Kenya, formerly known as
use of her former name Suada Adan Issack, and in lieu thereof Paul Kinuthia Murage, formally and absolutely renounced and
assumed and adopted the name Fatuma Ali Issack, for all purposes and abandoned the use of his former name Paul Kinuthia Murage, and in
lieu thereof assumed and adopted the name Paul Kinuthia Murage
authorizes and requests all persons at all times to designate, describe
Dicarlo, for all purposes and authorizes and requests all persons at all
and address her by her assumed name Fatuma Ali Issack only.
times to designate, describe and address him by his assumed name
SHEILA MUGO & COMPANY, Paul Kinuthia Murage Dicarlo only.
Advocates for Fatuma Ali Issack, KALUKI MURIU NDIRITU & COMPANY,
MR/4524220 formerly known as Suada Adan Issack. Advocates for Paul Kinuthia Murage Dicarlo,
MR/4524206 formerly known as Paul Kinuthia Murage.
NOTICE is given that by a deed poll dated 15th August, 2023, NOTICE is given that by a deed poll dated 25th August, 2023,
duly executed and registered in the Registry of Documents at Nairobi duly executed and registered in the Registry of Documents at Nairobi
as Presentation No. 1397, in Volume D1, Folio 249/2600, File No. as Presentation No. 1946, in Volume D1, Folio 207/1631, File No.
MMXXIII, by our client, Donna Nancy Wanjiru Nduati, of P.O. Box MMXXIII, by our client, Halima Hussein Karshe, of P.O. Box 51–
70103, Garissa in the Republic of Kenya, formerly known as Halima
8710–00100, Nairobi in the Republic of Kenya, formerly known as
Diriye Abdi, formally and absolutely renounced and abandoned the
Nancy Wanjiru Nduati, formally and absolutely renounced and
use of her former name Halima Diriye Abdi, and in lieu thereof
abandoned the use of her former name Nancy Wanjiru Nduati, and in
assumed and adopted the name Halima Hussein Karshe, for all
lieu thereof assumed and adopted the name Donna Nancy Wanjiru purposes and authorizes and requests all persons at all times to
Nduati, for all purposes and authorizes and requests all persons at all designate, describe and address her by her assumed name Halima
times to designate, describe and address her by her assumed name Hussein Karshe only.
Donna Nancy Wanjiru Nduati only.
ALAN & MICHAEL,
Dated the 24th August, 2023. Advocates for Halima Hussein Karshe,
MR/4524202 formerly known as Halima Diriye Abdi.
MANDALA & COMPANY,
Advocates for Donna Nancy Wanjiru Nduati,
MR/4524221 formerly known as Nancy Wanjiru Nduati.
GAZETTE NOTICE NO. 11808
CHANGE OF NAME
GAZETTE NOTICE NO. 11804
NOTICE is given that by a deed poll dated 10th July, 2023, duly
CHANGE OF NAME executed and registered in the Registry of Documents at Nairobi as
Presentation No. 1091, in Volume DI, Folio 219/2305, File No.
NOTICE is given that by a deed poll dated 15th August, 2023, MMXXII, by our client, Gladys Wangari Kamau Edward, of P.O. Box
duly executed and registered in the Registry of Documents at Nairobi 2572–01200, Thika in the Republic of Kenya, formerly known as
as Presentation No. 1192, in Volume D1, Folio 246/2558, File No. Gladys Wangari Kamau, formally and absolutely renounced and
MMXXIII, by our client, Joan Wangui Kithinji, of P.O. Box 125, abandoned the use of her former name Gladys Wangari Kamau and in
Ishiara in the Republic of Kenya, formerly known as Joan Bilha lieu thereof assumed and adopted the name Gladys Wangari Kamau
Wangui, formally and absolutely renounced and abandoned the use of Edward, for all purposes and authorizes and requests all persons at all
her former name Joan Bilha Wangui, and in lieu thereof assumed and times to designate, describe and address her by her assumed name
adopted the name Joan Wangui Kithinji, for all purposes and Gladys Wangari Kamau Edward only.
authorizes and requests all persons at all times to designate, describe
and address her by her assumed name Joan Wangui Kithinji only. ERIC LIYALA,
Advocate for Gladys Wangari Kamau Edward,
ISHI KALSI & COMPANY, MR/5166744 formerly known as Gladys Wangari Kamau.
Advocates for Joan Wangui Kithinji,
Gazette Notice No. 11061 of 2023 is revoked.
MR/4524201 formerly known as Joan Bilha Wangui.
3880217
3880 THE KENYA GAZETTE 1st September, 2023
CHANGE OF NAME NOTICE is given that by a deed poll dated 16th August, 2023,
duly executed and registered in the Registry of Documents at Nairobi
NOTICE is given that by a deed poll dated 18th August, 2023, as Presentation No. 1319, in Volume DI, Folio 248/2593, File No.
duly executed and registered in the Registry of Documents at Nairobi MMXXIII, by our client, Jayshree Bipinbhai Patel, formerly known as
as Presentation No. 1325, in Volume DI, Folio 249/2597, File No. Jayshree Bipin Patel, formally and absolutely renounced and
MMXXIII, by our client, Latifa Kamunto Fatuma, of P.O. Box 7202– abandoned the use of her former name Jayshree Bipin Patel and in lieu
00100, Nairobi in the Republic of Kenya, formerly known as Latifa thereof assumed and adopted the name Jayshree Bipinbhai Patel, for
Kamunto, formally and absolutely renounced and abandoned the use all purposes and authorizes and requests all persons at all times to
of her former name Latifa Kamunto and in lieu thereof assumed and designate, describe and address her by her assumed name Jayshree
adopted the name Latifa Kamunto Fatuma, for all purposes and Bipinbhai Patel only.
authorizes and requests all persons at all times to designate, describe
and address her by her assumed name Latifa Kamunto Fatuma only. FRED & ISAAC,
Advocates for Jayshree Bipinbhai Patel,
C. K. NYORO & COMPANY, MR/5175991 formerly known as Jayshree Bipin Patel.
Advocates for Latifa Kamunto Fatuma,
MR/5175893 formerly known as Latifa Kamunto.
NOTICE is given that by a deed poll dated 10th August, 2023, NOTICE is given that by a deed poll dated 15th August, 2023,
duly executed and registered in the Registry of Documents at Nairobi duly executed and registered in the Registry of Documents at Nairobi
as Presentation No. 490, in Volume DI, Folio 5001/5003, File No. as Presentation No. 1036, in Volume DI, Folio 251/1029, File No.
MMXXIV, by our client, Abdiaziz Abdullahi Ibrahim, of P.O. Box MMXXIII, by our client, Linet Nduta Kamau, of P.O. Box 6578–
40923–00100, Nairobi in the Republic of Kenya, formerly known as 01000, Thika in the Republic of Kenya, formerly known as Linet
Abdiaziz Osman Dahir, formally and absolutely renounced and Mary Nduta, formally and absolutely renounced and abandoned the
abandoned the use of his former name Abdiaziz Osman Dahir and in use of her former name Linet Mary Nduta and in lieu thereof assumed
lieu thereof assumed and adopted the name Abdiaziz Abdullahi and adopted the name Linet Nduta Kamau, for all purposes and
Ibrahim, for all purposes and authorizes and requests all persons at all authorizes and requests all persons at all times to designate, describe
times to designate, describe and address him by his assumed name and address her by her assumed name Linet Nduta Kamau only.
Abdiaziz Abdullahi Ibrahim only. K. MWAURA & COMPANY,
SALIM MOHAMED & ASSOCIATES, Advocates for Linet Nduta Kamau,
Advocates for Abdiaziz Abdullahi Ibrahim, MR/4524114 formerly known as Linet Mary Nduta.
MR/5175593 formerly known as Abdiaziz Osman Dahir.
NOTICE is given that by a deed poll dated 16th August, 2023, CHANGE OF NAME
duly executed and registered in the Registry of Documents at Nairobi NOTICE is given that by a deed poll dated 11th July, 2023, duly
as Presentation No. 325, in Volume B-13, Folio 2297/19654, File No. executed and registered in the Registry of Documents at Mombasa as
1637, by me, Leith Swaleh Ahmed, of P.O. Box 1092–80100, Presentation No. 547, in Volume B-13, Folio 2293/19602, File No.
Mombasa in the Republic of Kenya, formerly known as Leith Yasin 1637, by our client, Bazil Enock Mwamburi, formerly known as
Ali, formally and absolutely renounced and abandoned the use of my Bazzle Enock Mwamburi Mzumba, formally and absolutely
former name Leith Yasin Ali and in lieu thereof assumed and adopted renounced and abandoned the use of his former name Bazzle Enock
the name Leith Swaleh Ahmed, for all purposes and authorizes and Mwamburi Mzumba and in lieu thereof assumed and adopted the
requests all persons at all times to designate, describe and address me name Bazil Enock Mwamburi, for all purposes and authorizes and
by my assumed name Leith Swaleh Ahmed only. requests all persons at all times to designate, describe and address him
by his assumed name Bazil Enock Mwamburi only.
Dated the 17th August, 2023.
LEITH SWALEH AHMED, MERWIN & COMPANY,
MR/5175695 formerly known as Leith Yasin Ali. Advocates for Bazil Enock Mwamburi,
MR/4524153 formerly known as Bazzle Enock Mwamburi Mzumba.