Annual Report 2012

Vision
Accessible Public Legal Information towards an Enlightened Society
Mission
To Provide Universal Access to Public Legal Information by Monitoring and Reporting on the Development of Jurisprudence for the Promotion of the Rule of Law
Core values
The guiding principles in the operations of Kenya Law are: i. ii. iii. iv. v. vi. vii. viii. ix. x. Integrity; Altruism (We Care); Accountability; Independence; Reliability; Professionalism in Service; Innovation; Teamwork; Customer Focus; and Quality
Slogan
Where legal information is public knowledge
KENYA LAW ANNUAL REPORT 2012
TABLE OF CONTENTS
KENYA LAW ANNUAL REPORT 2012.............................................................................................................i TABLE OF CONTENTS...................................................................................................................................ii Organizational Profile................................................................................................................................... iv Source of Mandate:................................................................................................................................... iv Mandate.................................................................................................................................................... iv LETTER FROM THE CHAIRMAN ...................................................................................................................1 Editors statement .......................................................................................................................................2 The Council of Kenya Law..........................................................................................................................3 Kenya Law Management Team...................................................................................................................5 PERFORMANCE REVIEW/ OPERATIONAL HIGHLIGHTS 2012.....................................................................7 1. 2. 3. 4. 5. 6. 7 8. 9. 10. 11. 12. 13. 14. Formulating the 2013-2017 strategic plans.....................................................................................7 Monitoring and evaluation of Kenya Laws activities.......................................................................8 Revision of the Laws of Kenya.........................................................................................................8 Rebranding of Kenya Laws Products...............................................................................................9 Marketing the KENYA LAW brand..................................................................................................9 Reclaim of Lost Jurisprudence.......................................................................................................10 Report of Judicial Opinions Collected from the Superior Courts of Record in 2012...................... 10 Human Resource Development....................................................................................................18 Embracing universal accessibility..................................................................................................18 Financial Review..........................................................................................................................19 ICT Development.........................................................................................................................20 Sales.............................................................................................................................................20 Research and Development..........................................................................................................21 Strategic alliances and partnerships..............................................................................................21
TABLE OF CONTENTS
OUR STRATEGIC PROGRESS / MEASURING OUR PERFORMANCE-..........................................................22 OUTLOOKS and RISKS................................................................................................................................24 Outlook....................................................................................................................................................24 Principal Risk Factors................................................................................................................................24 SELECTED CONFERENCES AND TRAININGS..............................................................................................27 OUR PRODUCTS: SELECTED PUBLICATIONS.............................................................................................29 FINANCIAL REVIEW....................................................................................................................................31 Report of the Independent Auditor: An Overview of Kenya Laws Performance.........................................31 Statement of comprehensive Income for the year 2011/2012:...............................................................31 Statement of Financial Position as at 30th June 2012..............................................................................32 Statement of Kenya Law Members Responsibilities...................................................................................34 Statement of Comprehensive Income for the year ended 30 June 2012.....................................................35 Statement of Financial Position as at 30th June 2012.................................................................................36 Statement of Cash flow for the year ended 30th June 2012......................................................................37 Statement of changes in equity for the year ended 30th June 2012.......................................................38 Notes to the Financial Statements for the year ended 30th June 2012........................................................39 1. Significant accounting policies.....................................................................................................39
CORPORATE SOCIAL RESPONSIBILITY.......................................................................................................41 KENYA LAW STAFF......................................................................................................................................42
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Organizational Profile
Organization: Organization type: The Kenya Law Semi-autonomous state agency (SAGA) State Corporation
Parent Act: The National Council for Law Reporting Act, Act No. 11 of 1994. Parent Ministry: The Judiciary State Corporation Ranking and Classification: Service State Corporation, PC3C Organizational Structure: The Council Of Kenya Law with Secretariat managed by a Chief Executive Officer.
Flagship Brand Name

Kenya Law
Address of Principal Office and Contacts:

Milimani Commercial Courts, Ground Flr., Ngong Road P.O. Box 10443-00100, Tel (+254 020) 2712 767, Mobile: 0718 799 464/ 0736 863 309 NAIROBI KENYA Email: info@kenyalaw.org. Facebook Group : Kenya Law Reports Youtube: www.youtube.com/kenyalawreports Website: www.kenyalaw.org
Mandate and Functions

Source of Mandate:
The National Council for Law Reporting Act, section 3 Legal Notice No. 29 of 2009
Mandate:
1. To Publish the Kenya Law Reports and related publications; 2. To revise, consolidate and publish the Laws of Kenya; 3. To perform such other functions as may be conferred by statute.
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FOREWORD FROM THE CHAIRMAN
t gives me great pleasure to present, on behalf of the Members of the Council, the Annual Report of the National Council for Law Reporting for the year ended 31st December 2012.
In 2012, the Judiciary launched the Judiciary Transformation Framework (2012 2016). This framework, along with the Judiciary Strategic Plan for the same period, will be the reference points for the strategic direction of the Judiciary in reclaiming, reforming and repositioning its place as a vital, effective and independent arm of government. The role of the Judiciary in the development of a robust, indigenous, patriotic and progressive jurisprudence is a major component of this framework as is, necessarily, the role of the Council in capturing, preserving and reporting on the elements of this jurisprudence. More importantly, the Council is now discharging its mandate in the context of a country that has enacted a new Constitution and a Judiciary that is going through a phase of transformation and its role cannot be underestimated. Even as it captures the emerging jurisprudence, the Council has started to look back at previous judicial opinions that have been key in the evolution of Kenyas jurisprudence and which have been left out of reporting.
As part of the replenishment of the infrastructural, financial and human resource capacity of the Judiciary, the Council has benefited from a larger resource basket that has enabled it to be more effective in its operations for now and the years to come, and the milestones contained in this report are emblematic of this.
The optimal resourcing of the Council and the effective discharge of its mandate to serve not only the Judiciary and the legal sector but also to meet the Mwananchis need for open, accessible and understandable public legal information remains my commitment and that of the other Members of the Council.
Even as we take upon the challenges of years that are ahead of us, I remain thankful to our partners, our stakeholders, to the Members of the Council and its staff for their support during 2012.
The Hon. Justice (Dr.) W.M. Mutunga, D.Jur, SC, EGH Chief Justice/ President, Supreme Court of Kenya Chairman of the Council
FROM THE EDITOR
012 was yet another eventful year for the National Council for Law Reporting. It marked the conclusion of the Councils Strategic Plan for 2009-2012 and the commencement of the exercise for the formulation of a new strategic plan.
The new strategic plan for the 20132017 will present an opportunity for the Council to incorporate in its planning the Constitution of Kenya, 2010; the Second Medium Term plan 2012 2017 of Vision 2030; the Judiciary Transformation Framework 2012 2016 and the Judiciary Strategic Plan 2012 2016. In 2012, the financial outlook and sustainability profile of the Council improved enormously. The Council secured Kshs. 288M for the 2012-2013 financial year. This was an unprecedented increment in its revenue allocation from the Consolidated Fund which was critical in the implementation of key projects and activities. More importantly, this allocation is a major step towards optimizing the resourcing of the Council and consolidating its place as a vital and sustainable service corporation. For the first time in its history, the Council exceeded the break-even when it realised a revenue of over Ksh. 25M from the sale of its publications, representiing a 232% increment from the previous financial year. The Council also made a net surplus of Ksh. 58, 102,255 as compared to the previous net deficit of Ksh. 7,582, 480. During the year, the Council re-engineered a number of its vital policies and internal systems and processes in response to the need to incorporate the values and principles of the Constitution of Kenya, 2010 and the aspirations of a transforming judiciary as expressed in the Judiciary Transformation Framework 2012-2016. Key among these was the revision and updating of the Editorial Policy for the Kenya Law Reports and the compilation of the Law Revision Manual. The Council also moved a step closer towards delivering the first revised and updated version of the complete Laws of Kenya in over two decades under a consultancy project funded by the Financial and Legal Sector Technical Assistance Project (FLSTAP). With the commencement of the publication of the weekly KLR Updates which follow from the convening of weekly case selection meetings, the Council has now moved its cycle of law reporting from annual to weekly. As further set out in this report, the Council achieved several other significant milestones in the terms and conditions of service and welfare of its members of staff and in ICT infrastructure and ICT applications that improved efficiency and service delivery
Michael M. Murungi Chief Executive Officer/Editor.
THE COUNCIL OF KENYA LAW (AS AT JANUARY 1, 2012)
Dr. Willy M. Mutunga, D. Jur., SC, EGH - Chief Justice, President of the Supreme Court of Kenya/Chairman
Mr. Anthony Ombwayo Principal Litigation Counsel, office of The Hon. The Attorney General
The Hon Mr. Justice Philip K. Tunoi Judge of the Supreme Court of Kenya
Prof. James Otieno-Odek Dean, School of Law, University of Nairobi
The Hon Lady Justice Jessie Lesiit Judge of the High Court of Kenya
Mrs. Gladys B. Shollei
Chief Registrar, The Judiciary
Mrs. Florence Mwangangi Advocate, Law Society of Kenya
Mr. Evans Monari Advocate, Law Society of Kenya
Mr. Paul Sang Snr. Printer, Government Printer
Mr. Michael Murungi CEO & Editor of the Council Secretary to the Board
Members co-opted into the Board to serve in advisory roles from time to time:
1. The Inspectorate of State Corporations - Represented by Mr. Christopher Ombega, Senior Assistant Inspector General 2. Office of the Clerk of the Kenya National Assembly - Represented by Mr. Jeremiah M. Nyegenye, Head, Office of Legal Counsel 3. Directorate of Personnel Management, Ministry of State for Public Service - Represented by Mrs. Flora Mutua, Snr. Management Analyst.
KENYA LAW MANAGEMENT TEAM
ichael M. Murungi is a manager, a law reporter and an ICT legal expert. He is the Chief Executive and Editor at the National Council for Law Reporting a semi-autonomous state corporation in the Judiciary of Kenya. In that capacity, he exercises editorial oversight over the Kenya Law Reports, which are the official law reports of Republic of Kenya, as well as the official Laws of Kenya, among other publications. He is the author of Cyber Law in Kenya and is Kenyas designated contributor to the International Encyclopaedia of Cyberlaw published by Wolters Kluwer. Michael has lectured at the Catholic University of Eastern Africa and spoken at local and international conferences on law reporting, legal publishing, access to information and ICT law. He has a Masters Degree in ICT law and has professional training in legal practice, management and arbitration.
Mr. Michael M. Murungi - Editor / Chief Executive Officer
Ms. Esther 0. Nyaiyaki Senior Assistant Editor / Deputy Chief Executive Officer (Outgoing)
sther N. Onchana was the Deputy CEO at the Kenya Law (Kenya Law). She has over seven years experience in law reporting and law revision. She holds a Bachelors of Law undergraduate degree and and a postgraduate degree in International Conflict Management from the University of Nairobi (2012). She has consulted in areas of access to legal information, gender, & children rights, and land and environment rights in Kenya. She is currently the Registrar of the Supreme Court.
Ms. Anne M. Asugah Assistant Editor, Team leader, LOK Department (Outgoing)
nn Muthoni Asugah was the Assistant Editor and Team Leader Laws of Kenya Department at the Kenya Law (Kenya Law Reports) in charge of statute revision and consolidation. She is an advocate of the High Court of Kenya having been admitted to the bar in June 2002.
She holds a Bachelors degree in Law from the University of Nairobi, a postgraduate diploma from the Kenya School of law and is currently pursuing a Masters Degree in Business Administration at the Jomo Kenyatta University of Agriculture and Technology. She has both academic and professional credentials in management having attended several courses dealing with legislative drafting, performance management, managing legal resources in the semantic web and project management. She is a member of the Law Society of Kenya, Institute of Certified Secretaries of Kenya and the Kenya Institute of Management. Ann has also published two books dealing with discriminatory laws, Case Management in the Judiciary with the help of Federation of Kenya Lawyers (Kenya Chapter). She is currently the Deputy Registrar of the Supreme Court.
Ms. Mutindi Musuva Team leader, HR and Administration Department
utindi holds a Bachelors degree in Business Management, a Higher National Diploma in Human Resource Management and Diploma in ICT. She is currently pursuing a Masters degree in Business Administration. Prior to joining the National Council for Law Reporting, Mutindi worked with a leading local bank; I&M Bank Ltd as a Human Resources Officer and with a recruitment firm; myJobsEye.com as a Recruitment Consultant. Mutindi is a member of Kenya Institute of Management and the Institute of Human Resources Management.
Wambui Kamau: Team Leader Laws of Kenya Department.
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ambui Kamau holds a Bachelor of Laws Degree from the Catholic University of Eastern Africa and a diploma in law from the Kenya School of Law. She is currently pursuing her Masters of Law (LLM) in Law, Democracy and Governance from the University of Nairobi. Wambui worked for the Laws of Kenya department for two and a half years as a legal researcher progressing on to an assistant law repoter prior to becoming the team leader in February 2013.
Ms. Monica M. Achode Research and Development Department

onica Achode is an advocate of the High Court of Kenya having been admitted to the bar in February 2008 and is a member of the management team at the Kenya Law.
She holds a Bachelors degree in Law from the Moi University, a postgraduate diploma from the Kenya School of law and a Masters Degree in Gender and Development from the University of Nairobi. She has both academic and professional credentials in management having attended several courses dealing with procurement in government entities as well as strategic and managerial leadership. She is a member of the Law Society of Kenya as well as the Federation of Women Lawyers. Monica has also consulted on and published a book relating to Children and the Law.
Mr. Pascal O. Oluoch Team leader, Finance Department
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ascal joined Kenya Law in January 2005as an Assistant Accountant.He holds a BBM in Accounting From Moi University and is a Certified Public Accountant of Kenya (CPA K). He has been member of the Institute of Public Accountants of Kenya (ICPAK) since 2011.Pascal is currently pursuing an MBA Program in Strategic Management.
Linda Awuor Ochieng : Senior Law Reporter and Head of the Research and Development department
inda Awuor Ochieng holds a degree in Law from the University of Nairobi and a diploma in Law from the Kenya School of Law. She is currently pursuing a Masters degree in Environmental Law and Policy at the University of Nairobi, Kenya. Prior to being a Senior Law Reporterof the R & D department, she was part of the Bench Research Hotline, a helpdesk established by Kenya Law to give legal research support to judicial officers in Kenya.
Mr. Martin Mbui Ag Team leader, ICT Department
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artin Michael Mbui holds a masters degree in Computer Science from the Nairobi University 2012, a Bachelors in Science in Information Technology from JKUAT 2006, and is currently pursuing a second masters degree in information systems from the University of Nairobi. He joined Kenya Law in September 2008, and has over six years experience in Computer and Network systems Implementation. He has been consulted in a wide range of ICT issues, and has been involved in Technology Advancing System Solutions. Prior to Joining Kenya Law, he was the head of IT in Happiness Business Center (HBC) in Dar-esSalaam, Tanzania.
Mr. MayakaTeam leader, ICT Department

ichael M. Mayaka was the team Leader of the ICT Department. He holds a Bsc. Degree in Information Technology from Moi University 2005. He joined Kenya Law in December 2009, and has over eight years experience in web and systems development. During his tenure at Kenya Law, Mr. Mayaka demonstrated his dexterity in the ICT department and was soon accorded the mandate of leading the department. Prior to joining Kenya Law, he was the Senior Systems Engineer at DEWCIS Solutions, Kenya where he played a lead role in deploying ERP, Service Desk & Document management systems in CCK and Babcock University, Nigeria. He was instrumental in Pioneering Case Management System & Service Desk in the Seychelles Supreme Court & Kenyan Judiciary. Mr. Mayaka is currently serving as the Deputy Director of ICT at the Judiciary.
PERFORMANCE REVIEW/ OPERATIONAL HIGHLIGHTS 2012

1. Formulating the 2013 - 2017 strategic plans
In order to be effective in its operations, the Kenya Law reviewed its 5 year strategic plan during a four day workshop held at the Silver springs Hotel on the 11th 14th September 2012, with the aid of Eliud and Associates consultants. The aim of the strategic planning workshop was: To develop and eventually implement the Kenya Law Strategic Plan for 2013-2017 that will be aligned with the Medium Term Plan 2012-2017 of the Vision 2030, the Constitution of Kenya 2010, the Judiciary Transformation Framework 2012 -2016 and the Judiciary Strategic Plan 2012-201; To undertake a comprehensive stakeholder analysis; To formulate clear and gripping vision, mission and objectives of Kenya Law; To assess the strategies that will ignite innovation within Kenya Law; To effectively assess the conditions of the internal operations and clarify the leverage points to improve performance within Kenya Law; To formulate an action plan for each strategy, with milestones and deliverables, timelines and accountability; To measure impacts; To perform continuous revisions; To ensure accountability through continuous monitoring and evaluation. The strategic planning workshop was dedicated to: Stakeholder analysis aimed at addressing the interests and information held by key stakeholders, and in turn communicates our interests and expectations from the stakeholders to establish a mutual cooperation. Responsiveness to key stakeholders is imperative throughout the strategic management process because the success and survival of an organization depends on sustaining key stakeholders according to their designation of what is valuable. If key stakeholders are not content, at least nominally, according to their standards for fulfilment, the standard prospect should be that something will change, and not in a positive way. Part of the discussions had were on how the different environments affect productivity of Kenya Law and how to counter this through a P-PESTEL and SWOT analysis, identified our gaps through a Gap Analysis and challenges encountered, addressed these by identifying our key successes areas and lessons learned. All these gave a pathway to the development of what we want to focus on the next five years and how we want to do this. Having a clear and compelling vision, mission and objectives is what employees subscribe to, to ensure performance in an organization. This is the cornerstone and backbone of a healthy organization culture. During the strategic planning workshop, we proposed to revise our vision to Accessible Public Legal Information
towards an Enlightened Society from To be the premier resource institution in Africa providing reliable and accessible legal information to the public. Our proposed mission read To Provide Universal Access to Public Legal Information by Monitoring and Reporting on the Development of Jurisprudence for the Promotion of the Rule of Law, while our slogan was proposed to read where legal information is public knowledge. It is expected that we shall have our strategic plan by the end of March 2013.
2. Monitoring and Evaluation of the Kenya Laws Activities

As part of the strategy, quality assurance and performance evaluation departments mandate to continuously monitor and measure the productivity and performance of Kenya Law at both individual and departmental level, Kenya Law undertook various M&E initiatives both internally and externally. Externally, Kenya Law evaluated its progress in the alignment and implementation of its activities in accordance with the Constitution of Kenya 2012 for the two quarters in the period of April-September 2012. As a result, Kenya Law submitted its first report on the progress of the implementation of the Constitution of Kenya to the Commission for the Implementation of the Constitution of Kenya (CIC). Internally, Kenya Law adopted the Performance Appraisal System (PAS) which is a critical component of the overall human resource management function in the larger Civil Service. This was as a result of the recommendations and learning attained from the Managers weeklong training at the Kenya Institute of Management on performance appraisal and management course held on the May 7-11 2012. It was predicated upon the principle of work planning, setting of agreed performance targets, feedback and reporting. The overall objective of the PAS was to manage and improve performance of Kenya Law by enabling a higher level of staff participation and involvement in planning, delivery and evaluation of work performance. The specific objectives of the PAS were to: Link individual performance with organization performance Enable Supervisors and Appraisees to continuously assess work progress Assess the learning and development needs of staff on a timely basis Promote communication and encourage continuous feedback between Appraisee and Supervisor Set the basis on which a staffs performance is monitored and evaluated as stipulated in the individual work plan Improve the quality of work through better planning, on-going discussions and fair participatory appraisal Provide information for decision making on administrative and human resource issues such as renewal of contracts, promotions, delegation of duties, training, deployment, rewards and sanctions. The PAS however is in its pilot stages and it is yet to be perfected and internalised.
3. Revision of the Laws of Kenya

A complete revision of the Laws of Kenya had not been done for over 20 years. The Laws of Kenya had run into over 600 individual chapters/statutes with approximately 30,000 pages of legislative content and subsidiary legislation. Every year, new legislation or amendments to existing legislation and regulations made under Acts of Parliament (subsidiary legislation) were passed by Parliament and added to the body of Kenyan Law, while some Acts and
Regulations were amended or repealed altogether. The need for the comprehensive updating and revision of the laws of Kenya as contemplated under the Revision of the Laws Act (chapter 1 of the Laws of Kenya) became critical. Due to capacity constraints, the attorney general delegated the power to revise the laws of Kenya to the Kenya Law through the legal notice no. 29 0f 2009. It was backdated to 2007 as the Kenya Law was updating their database without the authority of the attorney general. The Kenya Law, together with Lexis Nexis Pty, partnered to provide revised, updated and accurate chapters of the Laws of Kenya in print and electronic format, whilst ensuring the sustainability with regards to the future updating of the Laws of Kenya. By the beginning of the year, the Laws of Kenya department had revised close to 500 chapters of the Laws of Kenya. Mid- year, the department engaged Lexis Nexis (pty), a publishing firm in South Africa to fully take charge of the revision exercise. This commenced in July 2012 and is in place up till March 31st 2013. The Editorial work was completed by December 2012. This means all the laws of Kenya up till August 31st are fully updated.
4. Rebranding of the Kenya Laws Products

The Kenya Law has adopted a new name for its product base and unveiled a fresh look in line with its strategic plan and Vision 2030. The Kenya Law embarked on a strategic rebranding exercise in a bid to spur institutional transformation. The new brand highlights Kenya Laws commitment to maintain world-class law reporting standards, continuously improve on creativity and innovation, adopt information communication technology solutions and enhance customer service delivery. The exercise kicked off during the strategic planning review exercise with a series of changes in Kenya Laws vision, mission and corporate slogan and with internal communication to prep staff to adopt a new customer centered service delivery attitude. The flagship brand Kenya Law Reports will now be known as Kenya Law. The new corporate identity will be anchored on a new logo and slogan Where Legal Information Is Public Knowledge. This rebrand is timely as Kenya Law is looking for creative ways to enhance its public image through a thorough rebranding exercise so as to engage with the public and make our products more known to our stakeholders.
5. Marketing the Kenya Law Brand

The Kenya Law was involved in many marketing stunts to promote the visibility of its products. Kenya Law entered into an agreement with Citizen TV under the Mashtaka Sponsorship. The main objective of the Kenya Law was to sponsor the legal production program in a bid to increase the visibility of the Kenya Law brand and to create awareness about the services the organization offers i.e. free public legal information. Other objectives included but are not limited to: Raising awareness about the Kenya Law brand; Promoting Kenya Law products; Creating legal awareness through script influence Kenya Law Advertised on Citizen TV through the Mashtaka Sponsorship Program for a period of 6 months from June November 2012. Kenya Law also advertised with Nairobi Law Monthly Magazine for the whole year where advertisements on new or existing publications were published.
Of importance was the display and exhibition of our products on many events such as have been listed in the conferences attended section of this report, which included the pocket size Constitutions of Kenya 2010, Kenya Law Reports, Laws of Kenya Volumes, Braille Persons with Disabilities Act and the KLR Website that was running live. The exhibitions went a long way for Kenya Law in explaining our mandate to the public which is the provision of public legal information, sensitizing them on where to find our products and how to access our website for services such as Cause List, Case Search, Bills, Acts and the Kenya Gazette. We were most glad to engage the public on our mandate as well as various issues that came up. There was an overwhelming demand for the pocket size constitution of Kenya 2010 which saw us give away over 100,000 copies for free.
6. Reclaim of Lost Jurisprudence

This exercise involves tracking and reporting of past court decisions which , though may not have been reported by the Kenya Law earlier for one reason or the other, have a special character i.e. originality in exposition of law and salient principles; have thoroughness and of high juristic quality and contribute to the growth of jurisprudence. These decisions are being mopped up, compiled and reported in special law reports.
7. Reports on all judgments collected in 2012Human Resource Development See Graphs Below: Figure:
Total Number of Judicial Opinions Received Per Month
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Figure:
Total Number of Judicial Opinions Received Per Court
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HIGH COURT OF KENYA
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Figure:
Total Number of Judicial Opinions Received Per Judge Per Month
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Figure:
Total Number of Judicial Opinions Received Per Judge
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Figure:
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Figure:
Total Number of Judicial Opinions Received Per Judge
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Figure:
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The Kenya Law was involved in various activities through the year. The year kicked off to a strong start with Thanks Giving and the Annual Staff Conference held on February 3, 2012 at Panari Hotel. This event combined a prayer and thanks giving session, a group counseling session and prize giving for the Team Player and Team Leader of the year. The Kenya Law also participated in the Uwazi soccer tournament held in May 2012 which was held at Impala Ground and organized by ICJ. The theme of the tournament was An informed citizen, a transparent Government, a Prosperous Kenya. The Kenya Laws development partners, Mathare Roots Youth Group, MRYG formed part of the team representing the Kenya Law in the tournament and won the soccer cup for 2012. The Family fun day was held in July 2012 during with the Kenya Law MRYG (Mathare Roots Youth Group Memorandum of Understanding was launched.) Members of staff and their families had an opportunity to interact with MRYG as well as discuss opportunities for future collaborations. The HR department also revamped its welfare scheme to the staff by providing and extending the judiciary Mortgage scheme to members of staff. Further still, there was a launch of the Kenya Law welfare scheme that was curtailed to cater for members of staff during hours of dire need. An ethnic audit was also done in May that led to the signing of an MOU with Amani Counseling Center for the provision of counseling services to members of staff when need be. The Kenya Law family continued to grow as Kenya Law was joined by Rashid Indany Driver, Josephine Mutie Data Processor, Phoebe Jumah Legal Proof Reader, Kenneth Oduor Archivist, Lydia Midecha- Assistant Project Officer and Collins Kiptoo and Vivian Etyang as Legal Researchers. With the continuing growth of the Kenya Law family, there was also need to expand the physical space, and hence the judiciary provided additional space on the 5 th floor to cope with this expansion. The annual Retreat was held in Watamu and facilitated by Integrity International Consultant. Members of staff had an opportunity to learn from one another and develop a stronger team spirit. Towards the close of the year, the HR and Admin Department was involved in the comprehensive process of the review of the strategic plan for 2012 2017. Tetralink International also duly procured also was awarded the tender to review and update Kenya Laws Human Resources Polices and Career Guideline.
8. Embracing Universal Accessibility

People with disability constitute on average 10% of any countries population and are often part of the most marginalised group in society. Although developmental issues affect most people in Kenya, people with disabilities face an acute vulnerability. For instance, poverty is both a cause and a consequence of disability: a lack of access to basic health care and sanitation may lead to an otherwise preventable disability; while lack of a public sector infrastructure and services may leave a person with disability unemployed and destitute. Articles 54, 55, 56 defines persons with disabilities as the youth, minorities and marginalized groups. In light of the marginalisation people with disability face, Kenya Law has embraced universal accessibility to strengthen accessibility of legal information by these persons. Under chapter 4, Article 35 of the constitution of Kenya- the right to information held by the state Access to public information is now a constitutional right. Kenya Law is aware of its constitutional obligation to make
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public legal information accessible. Accessibility includes affordability, the language and the formats in which the information is provided and the time and places where it can be accessed. Through the PRIDE IMPACT IS project in conjunction with the Rockefeller foundation, Kenya Law aims to redress the socio-economic exclusion of these classes of persons by giving them an opportunity to provide goods and services to Kenya Law, while at the same time providing universally accessible information through various formats i.e. in Plain English and Swahili, and through our website in accordance to the guidelines for Universal Web Content Accessibility. A first consultancy under the PRIDE initiative saw Kenya Law develop guidelines for the translation of legal documents from English to Swahili and guidelines for universal web accessibility and internationalization.
9. Financial Review
The GOK through the Budget Review and Outlook Paper (BROP) indicated that the Kenyan economy was operating in the background of an uncertain world economy evidenced by: i) ii) A weakening global economic environment and, Uncertainty in the world commodity prices.
Locally, the Kenyan economy was faced with the expenditure pressures associated with salary demands by the education and health sectors, programmes facilitating the implementation of the new constitution and the smooth transition to decentralisation, preparations for the General elections. Priority social sectors of education and healthcare were given priority in resource allocation and hence received the lions share of the allocations. The economic sectors of Agriculture and livestock also received priority to boost productivity and to deal with the threat of food insecurity in the country. Despite these challenges, the GOK enhanced Kenya Laws budget to Kshs.259, 200,000 for the 2012/2013 FY representing a 24.3% increment as compared to Kshs. 208,571,700 received in the 2011/2012 FY. Even though Kenya Law received this budget increment, the allocation was still way below the Kshs. 377,688,294.80 presented to MOF as our resource requirements for the 2012/2013 period. Kenya Law also received Kshs. 15,949,877 from the Rockefeller foundation to fund an IMPACT- I.S. project for improving public access to information through impact sourcing. The total Appropriation In Aid (A-In-A) collected in the year to December 2012 was Kshs. 3,595,877.
Expenditure
In 2012, Kenya Law has continued to record 100% absorption of our approved budget of Kshs. 208,571,700.
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10.
ICT Development
The ICT department in 2012 acquired new servers, desktop, and laptops via a grant from the World Bank in association with the Kenya ICT board. These have gone a long way in ensuring efficiency and effectiveness in service delivery in Kenya Law The department also underwent various trainings locally and abroad. These include the African Lii training for Legal Information Institutes from different African countries workshop held in Johannesburg, South Africa, where Martin Mbui trained the represented Kenya Law in sharing knowledge on the technologies used in Legal Publishing. Among the many African countries represented were; South Africa, Zimbabwe, Zambia, Uganda, Botswana and Kenya. The department was also represented in the Law via Internet conference held at the Cornel University, Newyork, USA. During the year, the department was involved in the IMPACT IS project which entailed the developing of the guidelines for universal web accessibility and internationalization, and the universal accessibility policy statement. This will go a long way in ensuring that information disseminated to the public is accessible by persons of all abilities and also provided in the national language Kiswahili, as per the Constitution of Kenya, 2010. In order to ensure that Kenya Law operated at maximum efficiency, the I.C.T Department also migrated to a new Internet Service Provider (ISP). As a result of the dedicated support of the new ISP, internet downtime has reduced to less than 1%. The ICT Department also launched a new online product in the year ended 2012. Case Updates is a weekly digest of recent precedent-setting judicial opinions from the superior courts of record. It was developed and deployed using the latest technological tools available and has received accolades from members of the legal fraternity along with the public. Moreover, the department in partnership with Strathmore University and Samsung are developing an application to be used in handheld mobile devices such as iPads and Tables to enable easier and friendly access to our materials and publications. In conjunction with the Lexis Nexis PTY group, the department developed a technological solution to assist in the revision and updating of all the chapters of the Laws of Kenya, and to publish the laws in print form as well as electronic multimedia and interactive CD-ROM formats. The electronic solution entailed development of a user interface with an Administration System, Online Interface & Navigation and CD/DVD Interface & Navigation; Systems Development including XSD Design , XML Content Management, Content HyperText routines, Content generation using XSL (Online & CD/DVD) , CD/DVD Generation & Security, Administration System and Search Engine Development ; database Development including User Access controls, Audit Structures, Version control structures and XML Storage. This solution is going to ensure reliable and secure access to the Kenya Law information by implementing platforms that enable open access to this information while maintaining high level of scalability and robustness.
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Sales
The total sales revenue of the year 2012 was 25.7 million. This was the best year ever in Kenya Law in terms of sales. The sale increased by 232% from last year.
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12.
Research and Development
Kenya Law, through the research and development department saw to it that legal research, training and library services were revamped during the year. In partnership with the Judiciary Training Institute and Katiba Institute, there was an induction training course for the Legal Researchers whose objectives were: To induct the Legal Researchers into the Judiciary and to share with them the mandate, vision, mission and values of the Judiciary; to clarify and elaborate on the role and job description of a Legal Researcher; To give the Legal Researchers instruction on the theoretical and practical knowledge on the proper discharge of their professional duties; and to understand and respond to the needs and expectations of the Legal Researchers and to outline the institutional support available to enable them to effectively fulfil their mandate. Apart from this, the department ensured that the organisation had access to and has established a digital library which contains digital archive of all Council information and subscriptions to various journals and other publications that are relevant to Kenya Law.
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Strategic Alliances and Partnerships
The organisation established strategic partnerships with various government and non-government agencies to facilitate the carrying out of its mandate. These include the Judiciary Training Institute and Katiba Institute which Kenya Law partnered with to carry out the induction training for judicial researchers, CHAKITA, Waabeh, and Digital Data Divide to share and learn about universal accessibility for our product, the Virginia Tech university to develop ICT solutions for Kenya Law and Africanlii to offer trainings to other Legal Information Institutes that are coming up amongst others.
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OUR STRATEGIC PROGRESS / MEASURING OUR PERFORMANCE
n measuring our performance and assessing the results we achieved in delivering strategic legal information dissemination services during the year, we look to our planned outcomes in the business excellence model, the deliverables and associated key performance indicators as set below. In addition to the activities and achievements described above, the following information summarizes our progress against those key performance indicators for the year.
DETERMINANTS
Leadership and Management
ACTIVITIES
Involvement of all key stakeholders in setting up vision, mission and value statement in the strategic plan Measures to evaluate the performance of the governing body Institute a board charter in addition to developing a code of ethics which Board, senior management and employees adhere to. Develop and implement a risk management policy Put in place strategies and a system to collect, analyze & capture creative ideas from employees
KEY PERFORMANCE INDICATORS

Stakeholders analysis Performance Contracting Board Charter Employee code of Ethics Risk Management policy in place System to collect, analyze and capture creative ideas from employees HR policy in place Recruitment of staff Training needs analysis and staff training done Systems in place to take care of welfare Systems in place to encourage staff to develop their careers Performance Appraisal and Management systems Employee satisfaction survey Program for staff retention and motivation OSHA policy A reporting template for collection agents developed Feedback avenues expanded and implemented Partnerships with major bookshops formulated Customer satisfaction survey done Rewards scheme for customers put in place Account management plan put in place and implemented Marketing plan developed and implemented Marketing audit done.
TARGETS
100% 100% 100% 100% 100%
RESULTS
100% 40% 0% 50% 50%
Total Human Resources Management Development of a HR policy Staff recruitment process in place Training needs analysis and Staff training Staff Welfare Programmes Enhancement of Staff Career Maps Performance management system: Performance reviews documented and cascaded by HODs to either HR or CEO Employee satisfaction survey Further a program for staff retention and motivation SHE [safety, health and environment] policy in place Total Customer Orientation and Marketing Draft a reporting template for collection agents to enter customer (legal fraternity) suggestions To expand the feedback avenues Create synergy with major bookshops Customer satisfaction survey, and to set targets for the customer department to attain a specified number of contact customers daily. Tie in rewards with good customer service delivery in collaboration with HR Follow-up on dormant accounts by creating an Account management plan for all accounts Develop marketing plan to improve presence within the legal fraternity. Also carry out marketing audit with view of determining problem areas and opportunities and recommending a plan of action to improve the companys marketing performance Building partnerships both commercial and social with related stakeholders Total
100%
100% 100% 100% 100% 100% 100%
48%
50% 80% 30% 100% 30% 65%
100% 100% 100%
72.3% 80% 30%
100%
100% 100% 100% 100% 100% 100% 100% 100%
59.7%
50% 80% 50% 50% 0% 30% 100% 0%
Networking and partnerships formulated
100%
100%
100%
51.11%
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Financial Management
Prioritization of funds required to drive the brand promise Improve our financing model by looking for strategic partners and alternative income generating avenues More emphasis and reviews laid on internal quality control management and cost management in order to meet its long term obligations Seek for authority to use any surplus income in line with the treasury regulations Put in place a debt collection mechanism Training on financial planning to assist maximize on the low liquidity
Funds set aside or mobilized for the branding process IGAs identified and acted upon. Internal quality control systems put in place AinA pumped back into the councils budget Debt collection mechanism put in place and implemented Number of financial planning trainings taken place
100% 100% 100%
60% 70% 75%
100% 100% 100%
30% 80% 70%
Total
Innovation, Information and Knowledge Management Policy in place for Innovation, Information and knowledge management Put in place a system/ sharing format for tapping on both tacit and explicit knowledge already in the organization1 Capture system for information utilization of shared information assets (both tacit and implicit knowledge) Observed structure for capturing employee suggestions ICT policy in place Information and Knowledge Management policy in place System for tapping knowledge and ideas implemented System for KM implemented and utilized System for capturing employee suggestions implemented and utilized.
100%
100%
64.1%
40%
100% 100%
40% 75%
100%
100%
Total
Corporate Citizenship and Environment Set up the Companys corporate citizenship and Citizen Responsibility policy and integrate the various strands of corporate citizenship into the company strategic plan Formulate an environmental policy and procedures and set up an environmental management system in the company with objectives, targets and responsibilities clearly defined corporate citizenship and Citizen Responsibility policy formulated and integrated into the strategic plan environmental policy and procedures formulated and an environmental management system set up
100%
100%
63.75%
50%
100%
20%
Total
Productivity and Quality Productivity or quality policy, plans or programs in place Various editorial, financial, ICT, marketing, procurement and HR policies in place A Certified Quality Management System A PIP implemented
100%
100%
35%
50%
Observed certified Quality Management System in place A comprehensive performance improvement program (PIP) to make NCLR the premier law reporting organization in Kenya, the region and on to the continent Staff morale surveys
100% 100%
0% 75%
Surveys undertaken
100%
0%
Total
100%
31.25%
(Footnotes)
1. This would be at 100% was it not for the fact that the system is still being tried out by the ICT department and has to yet been rolled out for the whole organisation.
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OUTLOOKS AND RISKS
he following discussion about outlook and risk management activities includes forward-looking statements that involve risk and uncertainties. The actual results could differ materially from those projected.
Outlook
With new publications, we expect that emerging market growth should continue to be robust, although even here we expect to see a modest slowdown. A further source of volatility in the year ahead is the return of inflationary pressure, particularly in respect of key commodity costs. We anticipate significant commodity cost inflation for at least the first half of 2012, given the election period. If current trends continue then this inflationary pressure will extend also into the second half and beyond. In this environment we expect prices to rise, albeit at a lower rate than costs as competitors seek to protect market positions and offset higher commodity costs with savings elsewhere.
Faced with these challenges we will continue to focus on our long term strategic priorities of driving volume growth ahead of our markets whilst providing a steady improvement in underlying operating margin and strong cash flow. We are well placed, with an impressive presence in emerging markets, more than 75% of our business in either category leadership or number two positions, a portfolio of strong brands, an increasingly effective innovation programme and a dynamic new performance culture. These give us confidence that Unilever is fit to compete, whatever the circumstances.
Principal Risk Factors

Risks and uncertainties could cause actual results to vary from those described in forward-looking statements made within this document, or could impact on our ability to meet our targets or be detrimental to our reputation. The risks that we regard as the most relevant to our business are identified below. We have also commented on certain mitigating actions that we believe help us manage such risks; however, we may not be successful in deploying some or all of these mitigating actions. DESCRIPTION OF RISK WHAT WE ARE DOING TO MANAGE THE RISK MARKETING
Volatility of emerging markets Building strategic alliances and partnerships Many years of exposure has given us the ability to be able to operate and develop our business successfully during periods of economic, political or social change. We identify strategic that enable us to leverage external expertise more efficiently and cost-effectively develop and manage our business.
BRANDS AND INNOVATION

Design, development and roll-out of consumer/customer relevant products and services We have processes to monitor external market trends and collate consumer, customer and shopper insight in order to develop long-term category and brand strategies. Our established process uses comprehensive marketing tools and techniques to convert category strategies into a series of projects, building on internally developed know-how and expertise. It further identifies, prioritizes and allocates resources and develops relevant brand communications. We have well-established procedures to plan and execute roll-out of products to our customers
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CUSTOMER
Building long-term, mutually beneficial relationships with customers Customer consolidation and growth Maintaining successful relationships with our customers is key to ensuring our brands are successfully presented to our consumers and are accessible at all times. Any breakdown in the relationships with customers could reduce the availability to our consumers of existing products and new product launches and therefore impact our cash flow, turnover, profits and/or profit margins. We build and maintain consumer relationships across a broad spectrum of channels. We conduct stakeholder analysis with all our key customers, and customer service objectives, and regularly monitor progress.
FINANCIAL/TREASURY
Liquidity Risk Liquidity is generally defined as the ability of an institution to meet its debt obligation without incurring unacceptable large losses. We have goodwill from the parent ministry (Judiciary) due to the central role we play in dissemination of legal information in Kenya. Our financial health will continue to be dependent on the Judiciary and we hope that with the financial independence of the parent ministry as per the new constitution, the Council will also be a beneficiary financially. This is already happening, in the FY 2011/2012 The Council received Kshs. 208,571,700, in the Current FY 2012/2013 The Council has received a budgetary allocation of Kshs. 259,200,000, and hence our optimism that it can only get better. We have also continued to engage our development partners to fund various initiatives and programmes for which GOK funding is not available and hence ensure our financial health. We will also continue to engage our development partners to fund various initiatives and programmes for which GOK funding is not available. With the improved budgetary allocation and good cash flow planning that we have, the Council has been and will continue to mitigate the risks that come with statutory compliance e.g. PAYE, NSSF, NHIF, HELB, Pension contribution etc. Our approved budgets, procurement plans, finance and procurement manuals and GOK circulars and manuals have also facilitated mitigation of operational and compliance risks at the Council. The council totally eliminated this risk by ensuring that we did not finance any of our programmes by debt financing in the year under review.
Compliance and operational Risks These are risks associated with failure to observe legal and statutory provisions and procedural requirements in the ordinary course of business
Interest Rate Risks These ate those which exist in an interest- bearing assets e.g. a loan or a bond. It is mainly associated with the variability of the interest rates in an adverse manner or a rather increase in the interest rates
The council reduced this risk by ensuring that we did not sell on credit to individual customers. The only customers sold to on credit were well known customers, mostly institutional, whose payment record has been well established.
The council continues to face this risk because we rely heavily on the judiciary as out main client in the purchase of our publications. In the year 2012, the judiciary accounted for about 70% of our total revenue. We need to diversify our market by instituting a more aggressive branding campaign to rope in more clients.
Credit Risk Refers to the risk that a borrower will default on any type of debt by failing to make payments which it is obligated to do. The risk is primarily that of the lenders disruption to our cash flows and increased collection costs.
Concentration Risk This is a risk that the institution is exposed to due to lack of client diversification i.e. by relying heavily on one client for a huge percentage of its sales.
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PEOPLE AND TALENT

Attracting, developing and retaining a skilled workforce to build and maintain a fit-for-purpose organization Resource Committees have been established and implemented. These committees have responsibility for identifying future skills and capability needs, defining career paths and professional training programmes, benchmarking the elements of reward structures, both short- and longterm, and identifying the key talent and leaders of the future. Regular internal surveys should be conducted to gauge employee views and obtain feedback. There should be an integrated management development process which includes regular performance review, underpinned by a common set of Standards of Leadership behaviors, skills and competency profiling, mentoring, coaching and training.
OTHER RISKS
NCLR is exposed to varying degrees of risk and uncertainty related to other factors including physical, environmental, political, and social and terrorism risks within the environments in which we operate, failure to complete planned divestments, taxation risks, failure to resolve insurance matters within current estimates and changing priorities of our boards of directors. All these risks could materially affect the organizations operations. There may be risks which are unknown to NCLR or which are currently believed to be immaterial.
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SELECTED CONFERENCES AND TRAININGS

AFRICAN LII (African Legal Information Institute) training for Legal Information Institutes from different African countries workshop 29th July - 2nd August; Johannesburg Judicial Marches August 21; KICC Grounds: August 22; Kikuyu Law Courts Road Show
Marcus Evans In-House Legal Training March 8th - 9th; Tribe Hotel Nairobi
13th Strathmore University Annual ICT Conference September 7 - 8, 2012; Strathmore University
ICT Connected Kenya Summit April 2012; Leisure Lodge Hotel, Mombasa
LSK Legal Awareness Week September 24th -28th; Milimani Commercial Courts
Performance Management May 7, 2012 May 11, 2012, Kenya School of Goverment
ASK-Nairobi Trade Fair October 1st - 7th 2012; Jamuhuri Park
Public Lecture at Taifa Hall Uwazi Tournament May 12, 2012; Impala Club Training on Translation of legal content from English to Swahili and Universal Web-Content Accessibility and internationalization July 11th -12th 2012; Laico Regency. December 18, 2012; University of Nairobi
Judiciary Transformation Framework Launch May 31, 2012; KICC Grounds
KIM Annual Managers Conference June 20 June 22, 2012, Mombasa Continental Resort
Benchmarking Tour on best practices on Law Revision with Lexis Nexis June 2012; Durban, South Africa Law via the Internet Conference 2012, 7-9th October 2012, Cornell University, Ithaca, New York World Bank Financed Judiciary Projects Training August 18-26, 2012; World Bank Hq, Washington DC
Induction Training for Legal Researches June 25th -29th 2012; Utalii Hotel
LSK Annual Conference August 15th -19th 2012; Leisure Lodge Mombasa,
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Members of The Kenya Law Training Members From The Legal Information Institute (Lii) At The African Lii Headquarters In Rosebank Johannesburg, South Africa.
Members of Kenya Law and The Judiciary at The Cornell University Law via The Internet Conference In Ithaca New York.
Kenya Law Representatives at Lexis Nexis, Durban, South Africa during A Benchmarking Tour on Best Law Revison PracticeS
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OUR PRODUCTS: SELECTED PUBLICATIONS

Pocket- Sized Constitutions During the year 2012, Kenya Law through the Laws of Kenya Department published the pocket sized constitution. The marketing department in collaboration with procurement department was aggressively involved in distributing the constitutions to various Government Institutions, NGOs, Universities, Churches and various Civic Education groups. These were given out for free. The pocket sized constitutions were also distributed from Kenya Law reception to members of the public. In total approximately100, 000 constitutions were distributed across the country. Colloquium Booklets (500) copies This consists of the Constitution, Supreme Court and Judicial Service Commission Act. The LOK department published and ultimately distributed 500 copies of the judges colloquium booklets. 100 copies were distributed to Legal Researchers at Utalii during their training. The rest were distributed to Judges at the Annual Judges Colloquium. Electoral and Land Laws CDs The LOK department published two CDs, the Electoral CD containing all electoral laws for judicial officers and the Land Law CD featuring the new land laws. Election Petitions Kenya Law Reports The immediate aftermath of the General Election held in December of 2007 highlighted the fragile link between the application of electoral law and the stability of the countrys socio-economic and governance structures. Considerable public debate has since been generated on the condition of Kenyas electoral law and the role of the justice system in the resolution of disputes emerging from an electioneering exercise. Out of the need to provide the information necessary to inform and guide this debate and recognizing that informed and timely judicial decision-making contributes to socio-economic stability, the Kenya Law has prepared this comprehensive collection of election petitions.
The three volumes of the Election Petition Law Reports and the release of the electronic formats in CD form that cover the three volumes of landmark election petition decisions for the period 1961-2008, trace the development of judicial interpretations of the laws governing the conduct of presidential, parliamentary and civic elections in Kenya. They provide a well-referenced account of how case law has dealt with some of the lasting dilemmas of electoral law, particularly the mode of serving election petitions, the nature of the special jurisdiction of an election court and the interpretation of constitutional provisions relating to constitution making, proportional representation and the rights of minorities. Kenya Law Reports The Kenya Law Reports are the official law reports of Kenya and they provide summaries and the full text of precedent-setting judicial opinions of the superior courts of record in yearly volumes. As the most popular and demanding brand of the Kenya Law, the editorial department published the KLR 2010 volumes 1&2, KLR 2011 Volumes 1&2 to cover the precedent setting judicial opinions of the said years. There was also a reprint of the 1988
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KLR volume to meet our customers vast needs. These publications were made possible through the conducting weekly Case Selection Meetings for selection of jurisprudential issues arising within the legal fraternity for reporting. Special Publications To expand our product base, and provide information needed by various stakeholders, the Editorial department published specialised publications. These included the special edition of the IEBC booklet which contains the decision of the nigh court of Kenya on the delimitation of electoral and administrative boundaries by the Independent Electoral and Boundaries commission that was delivered on July 9, 2012; the first steps in creating leadership and integrity jurisprudence booklet, which was a review of the principles of leadership, integrity and judicial ethics emanating from recent case laws and the decisions of the tribunal investigating the conduct of the Deputy Chief Justice and the Judges and Magistrates vetting board; and a publication of a Hand Book on Auctioneers Practice which is about auctioneers roles and guidance to guide on the rules and procedures to guide the auctioneer practice in Kenya . Case back and Case Law Updates Through our online resources and our website, the ICT and Editorial teams provided KLR Case Updates, a weekly newsletter highlighting precedent-setting judicial opinions from the superior courts of records; and generating case back services to the judges in a bid to advancing jurisprudence. There was also publication of a weekly newsletter featuring judicial opinions and excerpts from the Gazette Notices, and newspaper articles in the Star newspaper. Kenya Law Review Journal The Research and Development department published The Kenya Law Review Journal Volume 2 (2008 2010). The next edition of the journal containing papers delivered during the 2011 Annual Judges Colloquium is currently at an advanced stage of editing and will soon be going to print. The department, in conjunction with the editorial department also updated and consolidated the KLR index (1976 - 2009)
30
FINANCIAL REVIEW
Report of the Independent Auditor: An Overview of Kenya Laws Performance
he following are the major highlights of Kenya Laws performance in the financial year 2011/2012:
Kenya Law published loco copies each of Twelve (12) Kenya Law Reports as follows; KLR 1989, KLR 1992, KLR 1993 and KLR 1994, KLR 2008-2010 consolidated index, Election Petition Law Reports (EPLR) Vol 1, Vol 2 and Vol 3, and Gender Based Violence (GBV) Law Report. Kenya Law also did reprints of KLR 2002 V1 and V2 as well as KLR 2003.These Law Reports are a compilation of decisions of superior courts of record which are precedent setting and / or contribute to the development of jurisprudence. In the same period, Kenya Law published 1,000 copies each, of five (5) issues of the KLR monthly, a monthly publication of precedent setting judicial opinions from the superior courts of record. These have been issued free of charge to the Judges and magistrates for use as reference material in identification of precedent in the course of their duties. Kenya Law also published and issued out for free, 1,000 copies each four (4) issues of the Bench Bulletin, a definitive intelligence briefing for Kenyas judicial officers, the law practitioners, managers and the business people. This is a quarterly digest of recent developments in law, particularly ,case law, new legislation in the form of Acts of parliament, rules and regulations, pending legislation contained in bills tabled before Parliament and selected Legal notices and Gazette Notices.
Statement of comprehensive Income for the year 2011/2012:

Revenues The total revenue realized in the financial year was Kshs. 25,299,004 as compared to Kshs. 7, 629,336 in year 2010/2011. This represents a 232% increment in income from sales of Kenya Law Reports, Laws of Kenya Grey Book and other related publications. This is the highest sales Kenya Law has ever made in any financial year. Net GOK receipts were Kshs.208, 571, 700 as compared to Kshs. 69, 685,000 in the previous period. Representing a 199% increase. Expenditure Total administrative expenses totalled Kshs.182, 443, 739 compared with 82,111,736 in the previous year, a 122% increase. Salaries and wages totalled Kshs 64,553,783 as compared with 57,465,606 in the previous period, a 8.6% increase. This was attributed to recruitments of additional employees to fill vacant positions during the year. Gratuity also increased by 194% to 11,081,911 as compared with the 3,759,084.45 paid in the previous year. Depreciation, a non-cash flow expense increased by 35.9% to Kshs 2,558,325 from Kshs 1,882,487.This was attributed to assets acquired from Kenya Laws funds and has been charged to the Income statement. There was also a substantial increase in asset donations under the World Bank programme resulting in an increase in depreciation of the same to Kshs. 17,996,869 as compared to Kshs 2,104,790 in the previous year, a 755% increase. This was debited to the statement of changes in equity as a charge on the donor fund. Kenya Law made a Net surplus of Kshs 58,102,255 as compared to a Net deficit of Kshs 7,582,480. This is the first time ever that Kenya Law has posted a Net Surplus and has been a result of increased funding by the GOK and development partners, aggressive sales of our products and an improved budgetary control regime.
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Statement of Financial Position as at 3oth June 2012 The value of Property plant and equipment increased by 309 % to Kshs.44, 413,191 as compared to Kshs 10,853,119 in the previous year. This was attributed to asset acquisitions and donations during the financial year. Trade and other receivables and prepayments increased by 189% to Kshs 14,778,211 up from Kshs 5,115,287 in the previous year. The increase mainly attributed to prepayments of Kshs. 10,977,628 for rent deposit and medical scheme fund. The others were attributed to receivables from book debtors and salary advances. The Retained losses reduced by 149.8% to a retained surplus Kshs 19,337,689 from Kshs 38,794,566 in the previous year. Other reserves have been revised to Kshs. 42,626,463.The Asset donation component treated as other reserves in the last financial year has now been transferred to the Capital fund. The Capital fund grew by 114.4% to Kshs.59, 559,225 from Kshs.27, 775,486. This is attributed mainly to asset donations from the ICT Board, as the Fund custodian and administrator of the World Bank funded Transparency Communication Infrastructure Project (TCIP). Kenya Law received donations of ICT equipment worth Kshs. 49,780,608 in the financial year under review. Trade and other payables reduced by 16.8% to Kshs 45,121,527 from Kshs 38,638,882 in the previous year. Kenya Law was able to pay up most of our outstanding liabilities due to adequate GOK budgetary allocation and improved collections from the sales of our products. Additional information on organisationss performance for the financial year 2011/2012 is detailed in the financial statements shown from page to below.
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REPUBLIC OF KENYA
KENYA NATIONAL AUDIT OFFICE

REPORT OF THE AUDITOR-GENERAL ON KENYA LAW FOR THE YEAR ENDED 30 JUNE 2012
REPORT ON THE FINANCIAL STATEMENTS
have audited the accompanying financial statements of Kenya Law set out on pages 10 to 24, which comprise the statement of financial position as at 30 June, 2012, and the statement of comprehensive income, statement of changes in equity and statement of cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information in accordance with the provisions of Article 229 of the Constitution of Kenya and Section 14 of the Public Audit Act, 2003. I have obtained all the information and explanations which, to the best of my knowledge and belief, were necessary for the purpose of the audit.
Managements Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with International Financial Reporting Standards and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement whether due to fraud or error. The management is also responsible for the submission of the financial statements to the Auditor-General in accordance with the provisions of Section 13 of the Public Audit Act, 2003.
Auditor-Generals Responsibility My responsibility is to express an opinion on these financial statements based on the audit and report in accordance with the provisions of Section 15 of the Public Audit Act, 2003. The audit was conducted in accordance with International Standards on Auditing. Those standards require compliance with ethical requirements and that the audit be planned and performed to obtain reasonable
33
Statement of the Council Members Responsibilities
he State Corporations Act Cap 446 of laws of Kenya requires the Council to keep proper books of accounts that disclose with reasonable accuracy its financial position. The Act also requires the Council to prepare financial statements for each financial year that give a true and fair view of its state of affairs. Such statements should be submitted to the Kenya Audit office for Audit purposes. The Council is also responsible for the safeguarding of its assets.
The Council members accept responsibility for the annual financial statements, which have been prepared in accordance with appropriate accounting policies supported by reasonable and prudent judgments and estimates, in conformity with International Financial Reporting Standards and the requirements of Government Financial Regulations and procedures.
The Council members are of the opinion that these financial statements give a true and fair view of the Councils state of affairs and further accept responsibility for the maintenance of accounting records that may be relied upon in the preparation of financial statements as well as adequate systems of internal financial controls. ]So far nothing has come to the attention of the Council members to indicate that the Kenya Law will not remain a going concern for at least the next twelve months from this statement.
The Hon Dr. Willy M. Mutunga, Chairman
Mrs. G B Shollei, Member
Mr. Michael M Murungi, Secretary
34
Statement of Comprehensive Income for the year ended 30th June 2012
DETAILS A. INCOME Appropriations - in - Aid and Revenue Receipts Sales of Kenya law reports Laws of Kenya and other related publications Cost of Sales Gross Profit 8 8 Note
2011 /2012 Kshs
2010 /2011 Kshs
25,299,004 (10,273,838) 15,025.166
7,629,336 (3,098,247) 4,91.089
Total GOK Grants Other grants Other income Total grants and other income Total Income . B. EXPENDITURE Administrative expenses
9 9 9
208,571,700 15,949,877 999,251 225, 520,828 240.545,994
69,685,000 263,844 49,323 65.998,167 74,529,256
10(a)
(182,293,580)
(82,003,657)
Finance charges Total Recurrent expenditure
20(b)
(150,159) (182,443,739)
(108,079) (82,111,736)
Net Surplus
58,102,255
(7,582,480)
35
Statement of Financial Position as at 30th June 2012
NON CURRRENT ASSETS Property plant & Equipment Sub Total CURRENT ASSETS Inventories Trade and other Receivables Cash and bank balances Sub Total Total Assets CAPITAL & LIABILITIES Capital fund balance Retained earnings Other reserves Sub Total Current Liabilities KCB Bank Account - OM Trade and other payables Audit fees Sub Total Total
Notes 2
2011 /2012 44,413,191 44,411,191
2010 /2011 10,853,119 10,853,119
5 4 3
44,816,014 14,778,211 63,947,488 121,541,711 167,954,904
54,281,286 5,115,287 1,736,268 61,132,841 71,985,960
6 6 6
23,565,276 19,337,689 78,620,422 121,521,377
23,565,276 (38,764,566) 46,836,673 11,617,181
7 7 7
45,121,527 1,310,000 46,431527 167,954,904
649,695 38,638,882 1,060,000 40,348,577 71,985,960
The Financial statements set on pages 1-24 were signed on behalf of the council on the dates shown here below by: The Hon Dr. Willy M. Mutunga, Chairman
Mrs. G B Shollei, Member
Mr. Michael M Murungi, Secretary
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Statement of Cash flow for the year ended 30th June 2012
2011/2012 CASH FLOWS FROM OPERATING ACTIVITIES Net Surplus /(Deficit) from operations Add Back : Non cash payments Depreciation expense Armotisation expense Finance charges Net cash generated from/(used) in operations Cashflows from changes in working capital Increase/decrease in Receivables and prepayments Increase/decrease in inventories Increase/decrease in payables Increase / decrease in audit fees Net Cash generated from changes in working capital Cashflows from financing activities Payments to pong agencies limited Net cash generated from financing activities Cash flows from investing activities Imprest repayments / reimbursements Purchase of fixed assets Net cash generated from investing activities Net increase in cash and cash equivalents (4,334,658) (4,334,658) 62,860,915 (9,662,924) 9,465,272 6,482,645 250,000 2,558,325 2,558,325 Kshs 58,102,255
2010/2011 Kshs (7,582,480)
1,882,487 34,200 108,079 (5,557,714)
(121,790) 2,005,059 6,768,487 (990,000)
6,534,993
7,661,756
(668,017) (668,017)
(3,817) (889,100) (892,917) 543,108
Cash and cash equivalents B/F
1,086,573
1,193,160
Cash and cash equivalents C/F Bank overdraft Total Cash and cash equivalents C/F
63,947,488
1,736,268 (649,695)
63,947,488
1,086, 571
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Statement of changes in equity for the year ended 30th June 2012
Item
Capital Fund
Retained Earnings
Other
Reserves
Total
2010/2011 Balance b/f 1/7/2010 Retained loss for the year Library books donated by financial and legal sector technical assistance programme (FLSTAP) Kenya Law Reports Books printed / donations by financial and legal sector technical assistance programme (FLSTAP) 23,565,276 (31,182,086) (7,582,480) (1,532,437) 1,544,000 (9,149,247) (7,582,480) 1,544,000
44,384,900
44,384,900
Stocks received from Colourprint limited Computers donated by financial and legal sector technical assistance programme (FLSTAP) Depreciation charge on Computers donated by financial and legal sector technical assistance programme (FLSTAP)
(1,770,000)
(1,770,000)
6,315,000
6,315,000
(2,104,790)
(2,104,790)
Balance C/f 2011/2012 Balance b/f 1/7/2011 Retained / Profit (loss) for the year
27,774,486
(18,764,566)
42,626,463
31,637,383
27,775,486 -
(8,764666) 58,102,255
42,626,461 -
31,637,383 58,102,255
Computers donated by financial and legal sector technical assistance programme (FLSTAP) Depreciation charge on Computers donated by financial and legal sector technical assistance programme (FLSTAP) Balance C/F
49,780,608
49,780,608
(17,996,869)
(17,996,869)
59,559,225
19,337,689
42,626, 463
121,523,377
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Notes to the Financial Statements for the year ended 30th June 2012
Significant accounting policies
Basis of preparation The financial statements have been prepared in accordance with International Financial Reporting Standards (IFRSs). The Plant, Property and equipment movement schedule is prepared on a depreciated value basis. The Financial statements are presented in Kenya Shillings (Kshs.) and all values are rounded off to the nearest Shilling except when otherwise indicated. Revenue recognition Revenue is recognized to the extent that it is probable that the economic benefits will flow to Kenya Law and the revenue can be reliably measured, i.e. it is recognized when earned rather than when cash is received. Expenditure recognition Expenditure is recognized to the extent that it is indicative that the economic benefits will flow out of Kenya Law and the expenditure can be reliably estimated or measured, i.e. it is accrued when incurred rather than when payment is made. Depreciation policy The opening balance of Property, Plant and equipment represent their written down values at the closure of the previous year. Acquisitions during the year are added to the opening balances at the beginning of the year to give the totals for the year. Assets donated by development partners are added to assets and capitalized under other components of equity and the depreciated amounts deducted thereof annually to determine the carrying values for the subsequent year. Depreciation is computed on a reducing balance basis at annual rates estimated to write off carrying values of assets over there estimated useful lives. A full charge is made in the year of acquisition. No charge is made in the year of disposal. The annual depreciation rates in use are as follows: Motor vehicles 20% Computers, networking and other IT equipment 331/3% Office furniture and fixtures -10% Office Equipment 15% Policy on provisions Provisions are recognized when Kenya Law has a present obligation as a result of past or current events, for which it is probable that an outflow of economic benefits will be required to settle the obligation, and a reliable estimate can be made of the amount of such obligation.
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Intangible assets represent intellectual property. The historical value is Kshs.171; 000.This amount is amortizable over a period of five years. Cash and cash equivalents For purposes of the cash flow, cash and cash equivalents comprise cash balances in Kenya Laws bank accounts, bank overdrafts and cash in hand. Accounts Receivables Accounts receivables comprise of the amounts due / unpaid from customers who purchased the Kenya Law Reports in the course of the year and balances unpaid of the salary advances issued to Kenya Law employees. Accounts Payables Accounts Payables comprise of the amounts due / unpaid to our suppliers and statutory deductions in the year. Inventories Inventories are valued at the lower of cost of printing or net realizable value. Gratuity Gratuity is computed at 31% of the basic salary, and is payable at the end of the period or duration of the contract. Contribution to NSSF Kenya Law contributes the minimum of Kshs.200 per month for each employee to complement their personal contributions to the National Social Security Fund (NSSF). Kenya Law had a total of sixty one (61) employees at the close of the financial year ended 3oth June 2012. Appropriation -In-Aid.
A total of Kshs. 23,531,954 (Twenty three million five hundred and thirty one thousand nine hundred and fifty four) was collected in the financial year under review. The same was transferred to the Registrar High Court as Appropriation -In-Aid (A-In-A) as at 3o June 2012 Item 2011/2012 A-In-A for the financial year 23,531,954 2011/2012 3,727,677
Totals 23,511,954 1,727,677
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CORPORATE SOCIAL RESPONSIBILITY
he Sales and Marketing department organized for a CSR activity at Gaitumbi PCEA Church on July 22, 2012. Members of staff from LOK Department- Wambui, Moses, Yvonne and Carolyne from marketing department joined the congregation where a presentation was done regarding the Devolved Government during the church service. Handouts on the devolved government were also distributed to all in the congregation. Pocket sized Constitutions were later given out to the church.
Kenya Law also participated in the education of Bumula Youths for Equal Opportunities on the Bill of rights under the Constitution, the role of the youth and the structure of devolved government. The Bumula Youths for Equal Opportunity is a registered youth group which carries out community projects in Bungoma County.
Memb ers of Gai the De volutio tumbi PCEA Churc n Talk h by Ken ya Law Listening to
o copy a w ying a La ispla y Keny d c ubli ted b e p distribu h t of as bers n that w m e M tio stitu Con
e f th
41
KENYA LAW STAFF 2012
The Kenya Law Team During a Staff Retreat
42
CEO
Mr. Michael M. Murungi
DEPUTY CEO
Esther N. Onchana
LAW REPORTING DEPARTMENT

Cornelius Lupao Andrew Halonyere Njeri Githanga Emma Kinya Mwobobia Phoebe Ida Ayaya Nelson Tunoi Innocent Ayatollah Phoebe Juma Catherine Moni Cicilian Mburunga Josephine Mutie John Muriuki Lisper Wanja Irene Wakio Jenipher Ogada Musa Okumu Pauline Achieng Esther Adero Mary Waruguru Humphrey Khamala Steve Ouma Patricia Nasumba Rose Nafula Thomas Muchoki James Onguso Janepher Muthoni
LAWS OF KENYA
Anne Asugah- Team Leader Wambui Kamau Christian Bernard Ateka Vivian Etyang Collins Limo Moses Wanjala Laila Mbevi Evelyn Emaase Julie Mbijiwe Naomi Mutunga Yvonne Kirina Geofrey Andare Eva Murage Dorcas Kasia
43
RESEARCH AND DEVELOPMENT

Linda Awuor - Team Leader Monica Achode Siphira Gatimu Kenneth Oduor Ivy Njoki
STRATEGY QUALITY ASSURANCE AND PERFORMANCE MANAGEMENT

Esther N. Onchana - Team Leader Lydia Midecha
FINANCE DEPARTMENT
Pascal Othieno - Team Leader Andrew Kiarie Pauline Wangui John Paul Mutugi
HUMAN RESOURCES AND ADMIN

Mutindi Musuva - Team Leader Jackline Arodi Judy Nyamu Winnie Mbori Eunice Wanjiru Kasavu Musembi Rashid Kiplimo
ICT DEPARTMENT
Martin Mbui - Ag Team Leader Victor Cheruiyot Martin Andago Patrick Wahome
SALES AND MARKETING AND CUSTOMER CARE

Carolyne Wairimu
STAFF ON SECONDMENT
Michael M. Mayaka (ICT) Nicholas Okemwa (Research and Development)
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Quality
Creating Shared Value Statement
Cognizant of our obligation in the advancement of society, we will care for the wellbeing of one another and of the environment and we will align our processes, services and products with the attainment of positive social outcomes.
Creativity and Innovation Statement

A creative and innovative application of progressive ideas in developing new legal knowledge and improving organizational efficiency
Quality Statement
Applying the highest professional standards in our processes, products and services, we will set the benchmarks for and share the best practices in law reporting, law revision and organizational excellence in Kenya and beyond.
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Annual Report 2012

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Accessible Public Legal Information towards an Enlightened Society

KENYA LAW ANNUAL REPORT 2012

KENYA LAW ANNUAL REPORT 2012

CORPORATE SOCIAL RESPONSIBILITY.......................................................................................................41 KENYA LAW STAFF......................................................................................................................................42

KENYA LAW ANNUAL REPORT 2012

Flagship Brand Name

Address of Principal Office and Contacts:

Mandate and Functions

KENYA LAW ANNUAL REPORT 2012

KENYA LAW ANNUAL REPORT 2012

FOREWORD FROM THE CHAIRMAN

KENYA LAW ANNUAL REPORT 2012

FROM THE EDITOR

Michael M. Murungi Chief Executive Officer/Editor.

KENYA LAW ANNUAL REPORT 2012

THE COUNCIL OF KENYA LAW (AS AT JANUARY 1, 2012)

Prof. James Otieno-Odek Dean, School of Law, University of Nairobi

Mrs. Gladys B. Shollei

Chief Registrar, The Judiciary

KENYA LAW ANNUAL REPORT 2012

Mrs. Florence Mwangangi Advocate, Law Society of Kenya

Mr. Evans Monari Advocate, Law Society of Kenya

Mr. Paul Sang Snr. Printer, Government Printer

KENYA LAW ANNUAL REPORT 2012

KENYA LAW MANAGEMENT TEAM

Mr. Michael M. Murungi - Editor / Chief Executive Officer

Ms. Mutindi Musuva Team leader, HR and Administration Department

KENYA LAW ANNUAL REPORT 2012

Wambui Kamau: Team Leader Laws of Kenya Department.

Ms. Monica M. Achode Research and Development Department

Mr. Pascal O. Oluoch Team leader, Finance Department

Mr. Martin Mbui Ag Team leader, ICT Department

Mr. MayakaTeam leader, ICT Department

KENYA LAW ANNUAL REPORT 2012

PERFORMANCE REVIEW/ OPERATIONAL HIGHLIGHTS 2012

KENYA LAW ANNUAL REPORT 2012

2. Monitoring and Evaluation of the Kenya Laws Activities

3. Revision of the Laws of Kenya

KENYA LAW ANNUAL REPORT 2012

4. Rebranding of the Kenya Laws Products

5. Marketing the Kenya Law Brand

KENYA LAW ANNUAL REPORT 2012

6. Reclaim of Lost Jurisprudence

KENYA LAW ANNUAL REPORT 2012

Total Number of Judicial Opinions Received Per Court

KENYA LAW ANNUAL REPORT 2012

HIGH COURT OF KENYA

KENYA LAW ANNUAL REPORT 2012

Total Number of Judicial Opinions Received Per Judge Per Month

KENYA LAW ANNUAL REPORT 2012

Total Number of Judicial Opinions Received Per Judge

KENYA LAW ANNUAL REPORT 2012

Total Number of Judicial Opinions Received Per Month

KENYA LAW ANNUAL REPORT 2012

Total Number of Judicial Opinions Received Per Judge

KENYA LAW ANNUAL REPORT 2012

Total Number of Judicial Opinions Received Per Month

KENYA LAW ANNUAL REPORT 2012

8. Embracing Universal Accessibility

KENYA LAW ANNUAL REPORT 2012

KENYA LAW ANNUAL REPORT 2012

KENYA LAW ANNUAL REPORT 2012

Research and Development