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4 July 2003

Kenya Government Gazette dated 2003-07-04 number 69

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                                              Published by Authority of the Republic of Kenya

                                                      (Registered as a Newspaperat the G.P.O.)

Vol. CV—No. 69                                      NAIROBI,4thJuly, 2003                                                          Price Sh. 40

 GAZETTENOTICE No. 4559                                                       AND I. SPECIFY, as terms of reference for the ‘inquiry, the
                          (Cap. 102)                                             (a) to inquire generally into the allocation of lands, and in
                         COMMISSION OF INQUIRY
                                                                                     (i) to inquire into the allocation, to private individuals or
     WHEREAS it appears that lands vested in the Republic or                             corporations, of public lands or fands dedicated or reserved
 dedicated or reserved for public purposes may have beenallocated, by                    for a public purpose;
 corrupt or fraudulent practices or other unlawful or irregular means, to
                                                                                     Gi) to collect and collate all evidence and information
 private persons, and that such lands continue to be occupied contrary
 to the good title of the Republic or in a manner inconsistent with the                  available, whether from ministry-based committees or from
                                                                                         any other source,relating to the nature and extent of
 surposes for which such lands wererespectively dedicated or reserved.
                                                                                         untawful or irregular allocations of such lands; and
     NOW THEREFORE,in exercise of the powers conferred on the
 President by section 3 of the Commissions of Inquiry Act, I, Mwai                 (iii) to prepare a list of all lands unlawfully or irregularly
                                                                                        allocated, specifying particulars of the lands and of the
 Kibaki, President and Commander-in-Chief of the Armed Forces of
                                                                                        persons to whom they were allocated, the date of
 the Republic of Kenya, being of the opinion that it is in the public
 interest to do so, appoint-a Commission of Inquiry, to be held                          allocation, particulars of all serbsequent dealings in the
                                                                                         lands concerned and their current ownership and
 forthwith in Nairobi by the following persons who shall be .the
                                                                                 (b) to inquire into and ascertain—
     Paul Njoroge Ndungu, who shall be the Chairman of the
      Commission; and                                                                (i) the identity of any persons, whether individuals or bodies
     Michael Aronson, whoshall be the Vice-Chairman; and                                 corporate, to whom any such lands were allocated by
     Abdailah Ahmed Abdallah;                                                            unlawful or irregular means; and
   _ Davinder Lamba;
     Ann Kirima (Ms.);                                                               (ii) the identity of any public officials involved in such
     Ishan Kapila;                                                                        allocations;
    -Odenda Lumumba;
                                                                                 (c) to tarry out such other investigations into any matters
     Winston O. Ayoki;
                                                                                     incidental to: the foregoing as, in the opinion of the
     Nancy Wanjiru Mukunya (Ms.);
                                                                                     commissioners, will be beneficial to a better and fuller
     Peter Koech;           ,                      :
     PermanentSecretary in the Office of the President responsible for               discharge of their commission;
       Governance and Ethics or his designated representative;                    (d) to carry out such other investigations as may be directed by the
     Permanent Secretary, Ministry of Lands and Settlement or his                     President or the Minister for Lands and Settlement;
       designated representative;
     Permanent Secretary, Ministry of Environment, Natural Resources              (f) to recommend—
       and Wildlife or his designated representative;                                (i) legal and administrative measures for the restoration of
     Permanent Secretary, Ministry of Roads, Public Works and                            such lands to their proper title or purpose, having due
       Housing or his designated representative;                                         regard to the rights of any private person having any bona
     Permanent Secretary, Ministry of Local Government or his                           fide entitlement to or claim of right over the lands
       designated representative; and                                                    concerned;                                    :
 Thuita Mwangi and Smokin Wanjala, whoshall be the joint secretaries                 (ii) legal and administrative measures to be taken in the event
 ot tne Commission; and                                                                   That such ianas are for any reason unabdie to De restored to
                                                                                         theirpropertitle or purpose;’
     Raychelle Awuor Omamo; and                                                    (iii) criminal investigation or prosecution of, and any other
     Wanyiri Kihoro,                                                                     measures to be taken against, persons involved in the
 who shall be counsel to assist the Commission.                                          unlawful or irregular allocation of such lands: and

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