NCLR Annual Report 2011

NATIONAL COUNCIL FOR LAW REPORTING
A service state corporation in the Judiciary
Annual Report
2011
Transforming Legal Information into Public Knowledge.
National Council for Law Reporting Annual Report 2011
To be the premier resource institution in Africa providing reliable and accessible legal information to the public.
Vision
To provide access to public legal information in order to aid the administration of and access to justice, the knowledge and practice of law and the development of jurisprudence.
Mission
Professionalism: To apply the highest levels of knowledge, skills, competencies and ethical values in the various disciplines practiced in executing our mandate.
Our core values include:
To provide goods and services that meet the highest standards of quality and to provide friendly, prompt and excellent customer service.
Quality and Excellence in service: Accessibility: Reliability: Integrity:
To enhance access to public legal information.
To provide updated and relevant public legal information.
To conduct our operations professionally, independently, ethically, honestly and fairly
To harness and apply creativity, teamwork and continuous improvement in providing access to public legal information.
Innovation and teamwork:
To openly report on our activities and account for our use of public resources.
Transparency and accountability:
Issue15: April-June 2011
2 National Council for Law Reporting Annual Report 2011
Contents
Foreword from the Chairman .................................................................................... 3 Members of the Council's Board ................................................................................ 4 NCLR Management Team .......................................................................................... 6 A note from the Chief Executive Ofcer ................................................................... 7 Strategy, Quality Assurance and Performance Evaluation Annual Report ........................................................................................... 8 NCLR Employ of the Year Award Scheme ................................................................ 10 Editorial Departmental Annual Report ..................................................................... 15 Human Resource and Admin Annual Report .......................................................... 18 Finance Department Annual Report ........................................................................ 21 Laws of Kenya Department Annual Report .............................................................. 29 Sales, Marketing & Customer Care Departmental Annual Report ........................ 32 Research and Development Department Annual Report ..................................... 36 Information Communication Technology Department Annual Report .............................................................................................................. 38 Year in Review 2011 .................................................................................................. 41
FOREWORD FROM THE CHAIRMAN

First, on my own behalf and that of the Board of the Council, I share my sympathies on the tragic bereavements that befell us in the last quarter of 2011. I am pleased to present the Annual Report of the National Council for Law Reporting. This report takes stock of the Councils activities in 2011 while looking ahead to the challenges of 2012. It underscores once again the broad range of initiatives that have undertaken in fullling our mission of improving access to justice by providing reliable and accessible legal information to the public. Almost a year before I assumed the position of Chairman of the Council in June 2011, the citizens right to access to public legal information was established under Article 35 of the Constitution of Kenya 2010. In 2011 the Councils innovativeness and resolve to implement this constitutional mandate was evident in the following accomplishments: a. Kenya Law Reports: With the support of the World Bank and the United Kingdoms Department for International Development (DFID) through the Financial & Legal Sector Technical Assistance Project (FLSTAP), the Council published six editions of the Kenya Law Reports. The Council also published three volumes of consolidated judicial opinions on electoral law from the 1960s to 2008. This series is cited as KLR (EP) Vols. I, II & III. b. Laws of Kenya: Still under the support of FLSTAP, the Council published seven thematic volumes of the Laws of Kenya, namely: the Grey Book, being a compilation of Acts of Parliament criminal and civil procedure and other volumes covering the subjects of Land Laws; Commercial Laws; Public Finance Laws and Family and Gender Laws. c. Universal Access: The Councils website (www.kenyalaw. org) was redesigned to improve its user interface and to enhance the universal accessibility of its content. d. Electronic Case Management System: With the support of the Judiciary and the United States Agency for International Development (USAID), the Council designed and commissioned an Electronic Case Management System (CMS) for the Eldoret Chief Magistrates Court. e. Kenya Gazette Archive: In March 2011, the Council launched on online archive of the Kenya Gazette with content covering the years 1906 2011. The availability of these historical records online was the culmination of a partnership aimed at improving citizens access to public legal information. The Councils partners were the Government Press, the Kenya ICT Board and Google Inc. f. Parliamentary Hansard Archive: In July 2011 the Council launched the online archive of Kenyas Parliamentary proceedings (Hansard). The content covered the years
1963 to 2011. Hitherto these records were previously available to the public in paper form as part of the public records of the Kenya National Assembly and the Kenya National Archives. They initiative was a partnership between the Council on the one hand and the Kenya National Assembly, the Kenya ICT Board and Google Inc. on the other. g. ICT Awards: In December 2011, the Councils website won the prestigious International Association of Law Libraries (IALL) 2011 Website Award. The award was announced during the 30th Annual Course on International Law Librarianship in Kuala Lumpur (Malaysia) on December 12 2011. This award followed close on the heels of the Technology in Government in Africa (TIGA), a continental award for eective use of ICT in governments in Africa, presented to the Council in Addis Ababa, Ethiopia in May 2011. In 2011 the Council marked fteen years since the enactment of the National Council for Law Reporting Act and a decade since the Councils secretariat commenced its operations. During this period the Council has grown tremendously in human capital and productivity to establish itself as one of Africas leading law reporting and research institutions. 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. Its role in the creation of a robust, indigenous, progressive and patriotic jurisprudence cannot be underestimated. On behalf of the Councils Board, I congratulate the management on the achievements of 2011 and convey our condence that in 2012 the Council will remain committed to meeting the expectations of Kenyans as expressed in the Constitution, the National Council for Law Reporting Act and the Councils Strategic Plan. The Hon. Mr. Justice W.M. Mutunga, D.Jur., SC., E.G.H. Chief Justice/President, Supreme Court of Kenya Chairman, National Council for Law Reporting
NATIONAL COUNCIL FOR LAW REPORTING BOARD MEMBERS
Dr. Willy M. Mutunga, D. Jur., SC, EGH - Chief Justice, President of the Supreme Court of Kenya/Chairman
The Hon Mr. Justice Philip K. Tunoi Judge of the Supreme Court of Kenya
The Hon Lady Justice Jessie Lesiit Judge of the High Court of Kenya
Mrs. Gladys B. Shollei - Chief Registrar, The Judiciary
Prof. James Otieno Odek - Dean School of Law, University of Nairobi
Mr. Evans Monari Advocate, Law Society of Kenya
Mrs. Florence Mwangangi - Advocate, Law Society of Kenya
NATIONAL COUNCIL FOR LAW REPORTING BOARD MEMBERS
Mr. Paul Sang - Snr. Printer, Government Printer
Mr. Anthony Ombwayo - Principal Litigation Counsel, ofce of The Hon. The Attorney General
Mr. Michael Murungi CEO & Editor of the Council - Secretary to the Board
Co-opted Members of the Council's Board

1. Mrs. Flora Mutua, Snr. Management Analyst, Directorate of Personnel Management, Ministry of State for Public Service 2. Mr. Christopher Ombega, Senior Assistant Inspector General - Representing the Inspectorate of State Corporations 3. Mr. Jeremiah Nyegenye, Head, Ofce of Legal Counsel, Ofce of the Clerk of the Kenya National Assembly
NATIONAL COUNCIL FOR LAW REPORTING MANAGEMENT TEAM
Mr. Michael Murungi CEO & Editor of the Council - Secretary to the Board
Esther Nyaiyaki Snr. Assistant Editor
Ann Asugah - Team Leader, Laws of Kenya
Pascal Otieno - Team Leader, Finance Department
Monica Achode - Team Leader, Editorial Department
Nicholas Okemwa - Team Leader Research and Development
Mutindi Musuva - Team Leader, HR and Administration
Linda Awuor - Team Leader, Sales, Marketing and Customer Care
Michael Mayaka - Team Leader, Iformation Communication Technology
A NOTE FROM THE CHIEF EXECUTIVE OFFICER 2011 was a year of mixed fortunes for the National Council for Law Reporting. It will perhaps forever be embedded in the institutions memory as the year in which we were tragically bereaved of three members of sta through illness, namely, Mr. Justin Muthee, Sales and Marketing Assistant in the Sales, Marketing and Customer Care Department (October 9, 2011); Mr. Wilson Riungu, Oce Assistant in the Human Resources and Administration Department (December 4, 2011) and Mrs. Hilda M. Marangu, Copy Editor in the Editorial Department (December 12, 2011). The last quarter of the year was therefore the darkest episode in the history of the institution. The rst of these bereavements represented the Councils rst experience with the death of a serving member of sta and the quick succession in which they happened only compounded the grief and loss. May the souls of Justin, Hilda and Wilson rest in peace.
2011 marked the second-last installment in the implementation of the of Councils Strategic Plan 2009-2012. This was done at a time when the country had just promulgated a new constitution containing a new set of values, bill of rights and framework of government; and the Judiciary, the Councils parent institution, was in the throes of an unprecedented institutional transformation. The Councils resourcing was enhanced by an increased nancial allocation from The Treasury. This set the institution on the path towards transforming itself into an optimally resourced enterprise capable of meeting the obligations of the new constitution and the demands of a transformed Judiciary. The rst steps in that direction were the design and implementation of a new organizational structure designed to capture the optimal stang level for the Council; and setting into motion the processes of establishing a pension scheme and a medical scheme especially for the members of sta of the Council. The year was also the most productive yet for the Council with the publication of six volumes of the Kenya Law Reports and six volumes of the Laws of Kenya from the nancial support of the Financial and Legal Sector Technical Assistance Project (FLSTAP). This marked part of the enhancement in the scope and quality of the Councils product oering. On the nancial books, even though the half of 2011 saw growths in the value of plant and equipment, trade and payables, donations, grants and revenue, the Council returned an operating loss. In this regard, the report of the Auditor-General for the nancial year ending in the rst half of 2011 underscored the need for sustained government funding of the Council, which is classied as a service state corporation providing a service for which the return on investment is its contribution towards citizen access to public legal information. As the Council drew the curtains on 2011, it carried over into 2012 three compelling matters: the need to obtain adequate and appropriate premises for its burgeoning secretariat; the need to optimize its nancial, human and infrastructural resourcing and the need for a new round of strategic planning that takes into consideration the new constitution, the second medium term plan under Vision 2030 and the capacity of the Council to service the needs of a transformed Judiciary.
Strategy, Quality Assurance and Performance Evaluation Annual Report

By Esther Nyaiyaki Onchana, Snr. Assistant Editor/ Deputy C.E.O
b. The Schedule of Standards and Guidelines led with t h e D e p a r t m e nt by o t h e r departments. In addition to the monitoring and evaluation function the Strategy, Quality Assurance and Performance Evaluation unit performed the following strategic objectives: i. Quarterly review of the implementation of the Councils Strategic Plan ii. Aligning the activities of the Councils Departments with the best industry practices in organizational performance measurement and improvement system. iii. Engaging the Council with the governments performance contracting mechanism. iv. Undertaking continuous training, education and awareness in strategic management, knowledge management, quality assurance and continuous improvement both within the Council and beyond. In 2011, unit headed by the Editor/ CEO, conducted quarterly performance reviews of the Councils Strategic Plan to take stock of the departmental and organizational performance. At the beginning of 2011 the Councils Team Leaders convened at the Methodist Guest House in Nairobi to map out the Action Plan for 2011. The Organizational Performance Index (OPI) Report prepared by the Kenya Institute of Management informed the Action Plan. NCLR ascribed to the OPI process in 2010 to establish a reference point for departmental activities for quality assurance, knowledge management and continuous. The OPI recommendations were adopted and incorporated by the Team leaders as part of the organizational targets. Some of the recommendations included preparing a Board Charter and Code of Ethics to promote high standards of corporate governance for the NCLR Board. The report also recommended that the Council should implement best practices in implementing knowledge management systems. To do so the Council had to review and evaluate the existing systems and processes. On May 3 2011 the NCLR Heads of Department convened at Lenana Conference Centre in Nairobi to discuss the progress in implementing the departmental and
he Councils Strategy, Quality Assurance and Performance Evaluation unit was established in 2009 to not only facilitate the strategic planning process but to also oer leadership in seeing that the strategy gets executed. The unit was set up to communicate the Councils corporate strategy, to ensure that the enterprise level plans were translated into plans of the various departments and to align the employees competency development plans and their personal goals and incentives, with strategic objectives. Monitoring and evaluation forms a critical component for the successful implementation of the Councils Strategic Plan. In 2011 Council monitoring and evaluation was done at three levels: i. Departmental Monitoring and Evaluation Alongside the departmental strategic plan, every department established and documented its workow processes, the standards and guidelines to be to be applied in the workow, and a calendar of the departments outputs. This formed the monitoring and evaluation framework at the departmental level. Organizational Monitoring and Evaluation One of the functions of the Strategy, Quality Control and Performance Evaluation unit was to continuously monitor and evaluate the implementation of the Councils strategic plan. Under this function, the Department use two monitoring and evaluation tools: a. The Implementation Matrix of the Councils Strategic Plan2009 -2012;
ii.
organizational plans for the period January March 2011. To crystallize the ndings arrived at during the retreat, the team leaders attended a two-day training session on Leadership, Management and Sta Motivation, a program that was conducted by the Kenya Institute of Management consulting team. The training was tailor made to enhance and middle Managers in the areas of governance, management, strategic planning, leadership, performance management, customer relationship management and sta motivation. At the close of the year in the Council had made considerable strides in implementing the organizational strategic objectives. The Councils core departments the Laws of Kenya and Editorial Departments - published the highest number of hardbound law reports and specialized law volumes. The Council successfully conducted the periodic performance reviews, organized regular meetings of the Councils Board. Under the stewardship of the Human Resources Committee of the Board and Councils management, the Board adopted of a new organization structure for the National Council for Law Reporting and its implementation was carried out through a process
of rationalization and upgrading of current members of the Councils sta. The Board also approved the establishment of a pension and medial scheme for the Councils members of sta. The NCLR Strategic Plan 2009 -2012 will complete its cycle on July 30 2012. The Council intends to engage its stakeholders to participate in formulating its next plan in line with the Constitution of Kenya 2010, the Vision 2030 second Medium Term Plan, and the Judiciarys new Strategic Plan and the Judiciary Integrated Transformation Framework.
NCLR Employee of the Year Award Scheme, 2011
National Council for Law Reporting Annual Report 2011 11
Editorial Departmental Annual Report

By Monica Achode, Advocate,Snr. Law Reporter, Team Leader Editorial Department.
ment to ve. Timely Access to Case Law: Objective: To provide timely access to accurate, relevant and updated case law information to judicial ocers, the legal community and the public; The department was able to subject index for publication online of every judicial opinion of the Court of Appeal. To aid in faster uploading times ICT created a backend CMS system for the reporters to post their cases online immediately after receipt & anonymization. The department was also able to establish a system for disseminating the Court of Appeal decisions among judicial ocers and specically from the court which heard the matter at rst instance, CaseBack Service. A system of monitoring returns from the judicial ocers was been instituted with monthly returns being given by the collection agents. The department successfully prepared case notes from every Supreme Court and Court of Appeal decision as well as selected High Court decisions, the KLR Monthly issues. As at the December 2011 twelve issues had been published with the latest edition being the Sept/Oct Edition. Collection editing of the November and December issues is still ongoing. The department oversaw the production and publication of the KLR Bench Bulletin, a quarterly magazine containing analysis of selected precedent-setting judicial opinions delivered by the Courts of Record in the preceding period; the titles of Bills, Acts and subsidiary legislation published in that period; news and information for the legal fraternity and activities undertaken by the Council during the period. All four issues were
Vision o establish the Council as the leading publisher of ocial law reports in Africa and beyond.
Mission To timeously collect, analyse and provide aordable access to accurate and relevant case law in order to aid the administration of justice, the practice and teaching of the law and the development of Kenyas jurisprudence. Collection of Judicial Opinions: Objective: Collect in electronic form a copy of every judicial opinion of the High Court and the Court of Appeal on the day that the opinion is delivered; The department was able to successfully use the system designed to monitor, collect and track judicial opinions delivered by the Court of Appeal and the High Court. In the last quarter three new jurisdictions i.e the East African Court of Justice, the Supreme Court and the Industrial Court were added onto the departments list of court jurisdiction and the collection of cases successfully integrated into its workow processes. This brings the number of jurisdictions monitored by the depart-
produced on time and due to its popularity, the production number of the BB has been increased from 1000 to 1,500. All these publications are available online. The department also oversaw the preparation and publication of the weekly KLR Newsletter. Key members of the department as well as the ICT department were very instrumental in helping get the newsletter out on time. Collection of the 2010 and 2011 reportable cases was also carried out during this year with the aim of publish the Kenya Law Reports volumes containing precedent-setting judicial opinions for the preceding year. KLR publications that were published in the year included; KLR 2009, KLR 2008, KLR 2007 Vol. II, KLR 2006 Vol. I & II and the Kenya Law Review Journal Vol. II (2008 -2010). The department was able to publish and update the Specialized Kenya Law Reports volumes with the following volumes; the KLR Election Petition Vol. I, II & III, the KLR Gender Based Violence Vol. I (at print). The department was able to eectively coordinating the monthly submission of case write ups on topical issues from the bench; legislative updates from parliament and the Ags, and law reform issues arising as well as adverts detailing the upcoming products of the Council to Nairobi Law Monthly magazine. Accelerate Publication KLR Backlog Editions Objective: To accelerate the publication of the
backlog editions of the Kenya Law Reports in order to eectively close the gap in law reporting; The department was able to publish several backlog editions of the KLR volumes including, KLR 1992, KLR 1993, KLR 1994. It was also able to substantially prepare several more for publication in the following year. Contribute to the Financial Resources of the Council Objective: Contribute to the nancial resources of the Council by conceptualizing, designing and implementing sustainable business models for organizing and disseminating case law information. The KLR Monthly was successfully launched into the market at a premium rate of ksh. 500/-. This publication is a monthly is a monthly digest of judicial opinions delivered by the Supreme Court, Court of Appeal and selected decisions of the High Court. Additional Activities The department successfully integrated the following roles into its daily processes:
The department was able to carry out several trainings of newly inducted Judges and Magistrates on the role of NCLR in the administration of justice and how they can get the best out of their interaction with the Council. Updating of online judicial proles.
PUBLICATIONS PREPARED BY EDITORIAL DEPARTMENT IN 2011
The Bench Bulletin

NATIONAL COUNCIL FOR LAW REPORTING A service state corporation in the Judiciary.
November 2011 Volume 1 Issue 13

Ksh. 500
KENYA LAW REPORTS

KLR MONTHLY:
A Digest of Precedent-setting Judicial Opinions from the Superior Courts of Record
INDEX
INJUNCTION Application for interlocutory injunction restraining the respondents from interference with the suit land principles for granting interlocutory injunction duty of the court to exercise its discretion judicially whether the appellant established a case for grant of an injunction. Torotich Misoi Mereng v Mohamed Ali & Anothers .............................................. 80 REFERENCE Reference to full Court of Appeal from a decision of a single appellate judge for extension of time to file an appeal out of time claim of an inordinate delay of three months guidelines that ought to be considered by a single judge when dealing with applications for extension of time duty of the court to give effect to the overriding objective when interpreting any rule or provision in the Appellate Jurisdiction Act whether the single judge exercised his discretion judicially whether reference to full court had merit Court of Appeal Rules rule 4. Daima Bank Limited (in liquidation) v Prof. David Musyimi Ndetei .....................75 REPRESENTATIVE SUIT Need for party instituting a representative suit to issue a notice to those represented to make them aware of the existence of the suit. Joseph Kashau Ololkuo & 7 others v Ngati Farmers Co - operative Society Ltd .... 62 APPEALS summary rejection of appeals grounds on which a court may base a summary rejection of a criminal appeal where the appellant had been convicted in the lower court of the sexual offence of defilement of a girl superior court summarily dismissing his appeal manner in which courts ought to exercise the power of summary dismissal whether the court was right to summarily dismiss the appeal Criminal Procedure Code (Cap 75) Section 352; Sexual Offences Act (No. 3 of 2006)section 8(2) D.O. v Republic .................................................................................................... 39
MEDICAL EVIDENCE Medical evidence in a defilement case whether all perpetrators of defilement should be medically examined. Ben Joseph Nanzala v Republic............................................................................ 20
..... and much more .....

Milimani Commercial Courts ,4th Upper Hill Close,off Ngong Rd, P.O. Box 10443 - GPO 00100, Nairobi,Kenya , Tel: (+254 020) 2712767 2719231, Fax: (+254 020) 2712694 ,www.kenyalaw.org Email: info@kenyalaw.org www.kenyalaw.org Facebook: Kenya Law Reports www.youtube.com/kenyalawreports
The KLR Monthly
The Kenya Law Reports, Published in 2011
Human Resource and Admin Annual Report

By Mutindi Musuva,Team Leader, HR and Admin Department.
Deployment of a HR Information software HR and Admin department with the support of the ICT department deployed a HR Information software (HRMIS). This software has modules on sta data, leave management, training, recruitment and performance management. The system is was to ease processes in the department through automation of procedures. The HRMIS can also provide various management reports. House Keeping Issues. Oce Cleanliness The HR and Admin department contracted a cleaning company to ensure all day cleanliness in the oces. Two stewards where are stationed at the Council and there has been a striking improvement in oce hygiene and sanitation since. Welfare The HR and Admin department spear headed various welfare activities in the Council. There included planning and facilitation of supporting sta through work and non work related challenges. Members of sta had their birthdays, graduations and new borns acknowledged and celebrated as well and moral support in cases of illness and bereavement. Sports Uwazi Cup Football Tournament The Council was invited by the ICJ Kenya to a football tournament, Uwazi Cup Football Tournament which took place on place on 7th May 2011 at Impala Sports Grounds Nairobi. The tournament was part of the campaign towards a freedom of information law that will provide the necessary framework for the promotion of trans-
HR Department Mission e are committed to developing, implementing, and supporting programs and processes which add value to our employees, our partners and Councils mandate of law reporting. HR Department Vision The HR department is a service support team, providing leadership in the management of the Councils human resources issues and CSR related activities. Major Department Activities; Recruitment: A rigorous recruitment exercise was conducted in 2011. This saw the substantive hiring of two Sales and Marketing Assistants in the Sales, Marketing and Customer Care Department, a Web Designer in the ICT department, two copy readers in the Laws of Kenya Department, an Oce Assistant in the HR and Admin department and interns in the editorial, laws of Kenya and procurement departments. Candidates were sought both internally and externally with the positions advertised in national dailies and the Councils website.
parency and accountability in government, free media and a better business environment. The 2011 theme is An informed citizen, a transparent Government, a prosperous Kenya. The tournament was a "six a side" with teams allowed to have ten players each. The NCLR team did well making it the quarter nals. Justice Cup Tournament Last years Justice Cup Tournament was held on Saturday, the 9th of July at the Parklands Sports Club. The theme of the tournament was Justice for All. The tournament was convened for mainly legal institutions as well as corporate organizations. A total of 32 teams participated, a marked improvement from the previous year. The National Council for Law Reporting, as usual, presented a formidable team which felled many a team at the preliminary round, including perennial title contenders such as Mohammed Madhani & Co. Advocates, which the Council hammered 1 nil, John Mburu & Co. Advocates. Members of sta had a great time. It was a wonderful opportunity for bonding and having fun. Establishment of a Pension Scheme For NCLR In consultation with the HR Committee of the Board, the HR and Admin department proposed a pension scheme for members of sta who had previously been on contract terms. It had been submitted to the members of sta that establishing a pension scheme in place of the current gratuity scheme was based on a circular issued by Treasury requiring all state agencies to cease engaging its employees on gratuity terms and to instead establish pension schemes. Further, Treasury had asked the Council not to incur further liability on gratuity in the current nancial year. The Board of the Council later approved a Dened Contribution pension scheme for the Council at the rate of 10 % to 20% being contributions on basic salary by members of sta and the Council respectively. Establishment of a Medical Scheme For NCLR The meeting of the Members of the National Council for Law Reporting (the NCLR) held on July 15, 2011 was informed that the Councils Secretariat Issue15: April-June 2011
was looking to procure its own medical scheme. By a resolution, the Council appointed a special committee to undertake review and recommendation of medical scheme for the Councils secretariat. HR and Admin department being the user department undertook a comparative analysis of its medical scheme against that of peer organizations as rated by the State Corporations Advisory Committee. The committee later proposed to the board that the council procure its own medical scheme which was approved by the board meeting of October 28, 2011. Upgrading / Rationalising the NCLR Organisational Structure The HR and Admin department in consultation with HR committee of the Board designed a new organization structure for the Council, for approval by the Board. The Council did not previously have an organization structure that properly dened the full or optimum sta establishment and the reporting relationships for the Council. The new organization plan was expected to do away with ambiguity and confusion caused by unclear reporting relationships in the Council; it was recommended that clear structures be established in the organizational chart. The organisation structure was approved with eect from October 28, 2011 and its implementation was done through rationalization and upgrading of existing job grades and members of sta. The Employee Satisfaction Survey All members of sta took part in the Employee Satisfaction Survey. The overall objective of the Employee Satisfaction Survey was to establish the level of employee satisfaction with the work and working environment with a view to establishing areas of weaknesses and making recommendations for improvement where services fall short of expectations. The Council engaged the services of Eliud & Associates (E&A) Management Consultants to provide technical assistance in the exercise. The survey was held June 15, 2011 through a detailed questionnaire. The ndings of the Employee Satisfaction Survey revealed an impressive rate of 72% in employee satisfaction.The survey provided insights into the challenges the Councils leadership faced in en-
suring a work place environment that designed to support employees succeed. The survey also provided a framework on how to meet present and future work place expectations and the needs of employees. Budget
sociates (E&A) Management Consultants who had conducted the employee satisfaction survey. Activities for the team building exercises were advised by the ndings of the employee satisfaction survey.
The Retreats main goals were to develop overall sense of the council team and review the results In consultation with the nance department and of the recent employee climate survey conducted management, the HR and admin department was in the month of June 2011. instrumental in the development of the Councils budget for 2011/2012. The Retreat was attended by all sta of National Council for Law Reporting drawn from all the deTeam Building Retreat partments and Branches the Council. A Team Building Retreat following the Employee Overall, the majority of participants found the ReSatisfaction Survey was held on 28 and 29th of treat very interesting and educative while the rest July 2011 in Taita and was facilitated Eliud & As- found it interesting and relevant.
Some sta members of the National Council for Law Reporting
Finance Department Annual Report

By Pascal Otieno, Team Leader, Finance Department.
to the capital grants for computers of Ksh's.6, 315,000.00, Kenya Law Reports book grants of Ksh's. 44,384,900.00 and Library books grant of Ksh's. 1,544,000.00. The Council also received a Grant of USD 293,000 from the Rockefeller Foundation for IMPACT - I.S. for improving public access to information through impact sourcing. This is a project that is scheduled to be completed in November of 2012. Appropriation in Aid Enhanced Budgetary Allocation
he Council presented budget estimates for Ksh's. 269 million for the nancial year 2011/ 2012. However, the Ministry of Finance approved Ksh's.212 million for the same period. This was a very substantial increment of 147% compared with the Ksh's. 85.6 million approved for Prequalication of Suppliers the nancial year 2010/2011. In the last half of the year 2011, the Council was able to nance its pro- In the past, the Council had relied on the Judigrammes much better than in the previous years. ciarys list of prequalied suppliers. In the month of May 2011, the Council carried out its maiden prequalication exercise for our suppliers. The Donations Council had two broad types of supplies i.e supply Donations from the Financial and Legal sec- of goods and supply of services. Each type had a tor technical assistance programme (FLSTAP) suitable number of categories as follows: grew up by 2,851% to Ksh's 52, 243,900.00 from Ksh's 1,770,000.00.This was attributed mainly
In the rst half of the current nancial year to December 2011, the Council has netted A-In-A of Ksh's.19 Million. This has surpassed the approved target of Ksh's.16 Million by 18.75%.This is the rst time ever for the Council to achieve such a fete.
CATEGORY NO. NCLR/A1/11-12 NCLR/A2/11-12 NCLR/A3/11-12 NCLR/A4/11-12
ITEM DESCRIPTION Supply of oce furniture & curtains Supply of computer software Supply of computer consumables and accessories Supply of general oce stationery
CATEGORY NO. NCLR/B1/11-12 NCLR/B2/11-12
ITEM DESCRIPTION Supply of hotel & conference facilities Supply of printing services for calendars, diaries, christmas cards, brochures, magazines, reports, branded stationery items
NCLR/B3/11-12
Supply of printing services for the Kenya law reports and laws of Kenya (hard bound books & loose leaf pages)
NCLR/B4/11-12 NCLR/B5/11-12 NCLR/B6/11-12 NCLR/B7/11-12 NCLR/B8/11-12 NCLR/B9/11-12 NCLR/B10/11-12 NCLR/B11/11-12 NCLR/B12/11-12 NCLR/B13/11-12 NCLR/B14/11-12 Prequalication Criteria
Supply of travel agency & ticketing services Supply of taxi & car hire services Repair & maintenance of motor vehicles Repair of oce furniture and cabinets Repair & maintenance of computers, printers & networking equipment, PABX Supply of courier services Supply of events management services Supply of catering services Supply of cleaning services Supply of media agency & marketing services Supply of graphic design & creative services
The prequalication threshold was set at a minimum of 75%, it was to be done on predesigned forms and was based on the following information: 1. Registration Documentation 2. Pre-qualication Data 3. Supervisory Personnel
4. Financial Position 5. Condential Report 6. Past Experience 7. Litigation History
FINANCIAL PERFORMANCE
The Council presented budget estimates for Ksh's. 269 million for the nancial year 2011/ 2012. However, the Ministry of Finance approved Ksh's.212 million for the same period. This was a very substantial increment of 147% compared with the Ksh's. 85.6 million approved for the nancial year Statement of Financial Position as at 30th June 2010/2011. In the last half of the year 2011, the 2011 Council was able to nance its programmes much The value of Property plant and equipment inbetter than in the previous years. creased by 42.1 % to Ksh's.10, 853,119.00 as comStatement of comprehensive Income for the year pared to Kshs 7,636,296.00 in the previous year. This was attributed to asset acquisitions and dona2010/2011 tions during the nancial year. Revenues Trade and other receivables increased by 2.4% to The total revenue realized in the nancial year Ksh's 5,115,287.00 up from Ksh's 4,993,497.00 in was Ksh's.7, 629,336.00 as compared with Ksh's.2, the previous year. The increase mainly attributed to 242,500.00 in year 2009/2010. This represented a accounts receivables of Ksh's. 2,737,500.00 receiv240% increment in Appropriations -In- Aid. How- able from Registrar high Court, Ksh's. 337,500.00 ever, against the Ksh's.16, 000,000.00 approved Receivable from Kenya Anti-corruption Commission and Ksh's. 112,000.00 receivable from State budget; it represented a 52% under collection. Law oce. Net GOK receipts was Ksh's.69, 685,000.00 as compared to Ksh's. 66,580,000.00 in the last pe- The Retained losses grew up by 24.0% to Ksh's 38,794,566.00 from Ksh's 31,182,086.00 in the riod. Representing a 4.66% increase. previous year. Expenditure Other reserves grew up by 3,156% to Ksh's Total administrative expenses totaled Ksh's.82, 47,251,463.00 from Ksh's (1,532,437.00).This 111,736.00 compared with 78,774,548.00, a was attributed mainly to the grants of Ksh's.52, 243,900.00 from the Financial and Legal sector 4.24% increase. technical assistance programme (FLSTAP). Salaries and wages totaled Ksh's. 57,465,605.83 as compared with 47,664,619.00 in the previous Trade and other payables grew up by 21.2% to period, a 20% increase. This was attributed to re- Ksh's 38,638,882.00 from Ksh's 31,870,395.00 in cruitment of additional employees to ll vacant the previous year. This situation was occasioned by the inadequate GOK budgetary allocation. positions during the year. Gratuity also increased by 3,337.6% to 3,759,084.45 Donations grew up by 2,851% to Ksh's 52, as compared with the 109,352.00 paid in the pre- 243,900.00 from Ksh's 1,770,000.00.This was attributed mainly to the capital grants for computvious year. ers of Ksh's.6, 315,000.00, Kenya Law Reports book Depreciation, a non-cash ow expense increased grants of Ksh's. 44,384,900.00 and Library books by 80.6% to 3,987,277.42 from 2,207,758.00. The grant of Ksh's. 1,544,000.00 from the Financial and increase was largely attributed to the assets do- Legal sector technical assistance programme nated under the FLSTAP programme. Of this total, (FLSTAP). Kshs.2, 104,790 was attributed to donated assets while the balance of Ksh's.1, 093,368 was attributed to the existing assets that were not donated. Issue15: April-June 2011
Loss for the year reduced by 29.9% to Ksh's 7,582,480.00 from Ksh's 10,824,006.00. It is imperative to note that the net loss reduced despite the increase in salaries and wages costs and gratuity costs. This was as a result of improved budgetary control.
STATEMENT OF THE COUNCIL MEMBERS RESPONSIBILITIES The State Corporations Act Cap 446 of laws of Kenya requires the Council to keep proper books of accounts that disclose with reasonable accuracy its nancial position. The Act also requires the Council to prepare nancial statements for each nancial year that give a true and fair view of its state of aairs. Such statements should be submitted to the Kenya Audit oce for Audit purposes. The Council is also responsible for the safeguarding of its assets. The Council members accept responsibility for the annual nancial 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 nancial statements give a true and fair view of the Council's state of aairs and further accept responsibility for the maintenance of accounting records that may be relied upon in the preparation of nancial statements as well as adequate systems of internal nancial controls. So far nothing has come to the attention of the Council members to indicate that the National Council for Law Reporting will not remain a going concern for at least the next twelve months from the date of this statement.
The Hon. Dr. Willy M Mutunga - Chairman
Mrs. G B Shollei - Member
Mr. Michael M Murungi Secretary
REPUBLIC OF KENYA
KENYA NATIONAL AUDIT OFFICE REPORT OF THE AUDITOR-GENERAL ON NATIONAL COUNCIL FOR LAW REPORTING FOR THE YEAR ENDED 30 JUNE 2011 REPORT ON THE FINANCIAL STATEMENTS I have audited the accompanying nancial statements of National Council for Law Reporting set out on pages 9 to 19 which comprise the statement of nancial position as at June 30, 2011, and the statement of comprehensive income, statement of changes in equity and statement of cash ows for the year then ended, and a summary of signicant 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. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these nancial statements in accordance with International Financial Reporting Standards and for such internal controls as management determines is necessary to enable the preparation of nancial statements that are free from material misstatement, whether due to fraud or error. Management is also responsible for the submission of the nancial statements to the Auditor-General in accordance with the provisions of Section 13 of the Public Audit Act, 2003. Auditor-General's Responsibility My responsibility is to express an opinion on these nancial 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 assurance about whether the nancial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the nancial statements. The procedures selected depend on the auditor's judgement, including the assessment of the risks of material misstatement of the nancial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal controls relevant to the entity's preparation and fair presentation of the nancial statements in order to design audit procedures that are appropriate in the circumstances, but not for the Purpose of expressing an opinion on the eectiveness of the Council's internal controls. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the management, as well as evaluating the overall presentation of the nancial stateIssue15: April-June 2011
ments. I believe that the audit evidence obtained is sucient and appropriate to provide a basis for my qualied audit opinion. Basis for Qualied Opinion 1. Financial Position During the year under review the Council incurred an operating decit of Kshs.7,582,480 (2009/2010 decit Kshs.10,824,006). The Council has attributed the decit to inadequate funding on Government grants from the parent Ministry. Such inadequate funding of grants may result in to the Council not achieving its objective of publishing judicial Reports. 2. Inventories The inventories balance of Kshs.54,281,286 as at 30 June 2011 includes donated stocks in transit totalling Kshs.44,384,900 which had not been received in the Council as at 30 June 2011. Information available indicates that indeed the donated stocks were received by the Council after 30 June 2011. In the circumstances it has not been possible to conrm the existence of the inventory balance of Kshs.54,281,286 as at 30 June 2011. Qualied Opinion In my opinion, except for the eects of the matters described in the Basis for Qualied Opinion paragraph, the nancial statements present fairly, in all material respects the nancial position of the Council as at 30 June, 2011, and of its nancial performance and its cash ows for the year then ended, in accordance with International Financial Reporting Standards and comply with the National Council for Law Reporting Act, 1994.
Edward R. 0. Ouko AUDITOR-GENERAL Nairobi 20 February 2012
NATIONAL COUNCIL FOR LAW REPORTING Statement of Comprehensive Income for the year ended 30th June 2011 DETAILS A. INCOME Appropriations - in - Aid and Revenue Receipts Sales of Kenya law reports Cost of Sales GROSS PROFIT Total GOK Grants Other grants GTZ Other income Interest income TOTAL INCOME B. EXPENDITURE Administrative expenses Finance charges Total Recurrent expenditure Net Loss for the year Note 8 8 9 9 9 2010 /2011 Kshs 7,629,336 ( 3 ,098,247) 4,531,089 69,685,000 263,844 49,323 74,529,256 (82,003,657) (108,079) (82,111,736) (7,582,480) 2009 /2010 Kshs 2,242,500 ( 1 ,552,538) 689.962 66,580,000 441,442 384,920 803 68,097,107 (78,774,548) (146,565) (78,921,113) (10,824,006)
10 (a) 10 (b)
NATIONAL COUNCIL FOR LAW REPORTING Statement of Financial Position as at 30th June 2011 NON CURRRENT ASSETS Property plant & Equipment Intangible Assets Sub Total CURRENT ASSETS Cash and bank balances Trade and other Receivables Inventories Sub Total Total Assets CAPITAL & LIABILITIES Capital fund balance Retained earnings Other reserves Sub Total Current Liabilities KCB Bank Account - Sal KCB Bank Account - OM Issue15: April-June 2011 Notes 2 2010 /2011 10,853,119 10,853,119 3 4 5 1,736,268 5,115,287 54,281,286 61,132,841 71,985,960 23,565,276 (38,764,566) 46,836,673 649,695 2009 /2010 7,636,296 34,200 7,670,496 1,199,026 4,993,497 10,313,995 16,506,518 24,177,14 23,565,276 (31,182,086) (1,532,437) 5,866 -
6 6 6
NATIONAL COUNCIL FOR LAW REPORTING Statement of Financial Position as at 30th June 2011 NON CURRRENT ASSETS Trade and other payables Provision for audit fees Sub Total Total Notes 7 7 2010 /2011 38,638,882 1,060,000 40,348,577 71,985,960 2009 /2010 31,870,395 1,450,000 33,326,261 24,177,014
The Financial statements set on pages 1-5 were signed on the behalf of the council on the dates shown here below by:
The Hon. Dr. Willy M Mutunga - Chaiman
Mrs. Gladys Boss Shollei - Member
Mr . Michael M Murungi - Secretary
Laws of Kenya Department Annual Report

By Anne Asugah, Advocate, Team leader, Laws of Kenya Department.
strategic plan recognised the knowledge gap in legislative drafting and listed training in the same as one of the activities for 2011. In this regard, the Department sought the expertise of one of the renowned legislative drafters, Johnson Okoth Okello, Director of Legislative Drafting at the Kenya Law Reform Commission to facilitate the training on 15th and 16th March 2011 at the Kenya Comfort Hotel Nairobi. Members of sta from other departments in Council such as Information Technology, Research and Development also attended the training. The training dwelt on introduction on heNational Council for Law Reporting (NCLR) legislative drafting, legislative sentences, structure is a corporate body established by an Act of of a bill, amendments etc. Parliament; the National Council for Law RePrinting of 6 volumes of selected Laws of Kenya porting Act No. 11 of 1994 and given the exclusive mandate of: The LOK Department with the support of the Financial and Legal Sector Technical Assistance Proj"publication of the reports to be known as the Keect (FLSTAP), a government project co-funded nyan Law Reports which shall contain judgments, through a grant from the United Kingdom Departrulings and opinions of the Superior Courts of rement for International Development (DFID) and a cord and also undertake such other publications credit from the World Bank printed the following as in the opinion of the Council are reasonably selected chapters of the Laws of Kenya ; related to or connected with the preparation and i. Public Finance and Administration Laws publication of the Kenya Law Reports" (section 3).
The Council has delegated mandate from the Attorney General on law revision through Legal Notice No. 29 of 2009. Vision of the Laws of Kenya Department To establish the National Council for Law Reporting as a centre of excellence in the revision, updating and consolidation of national legislation. Mission
To ensure the continuous revision and updating of all the laws of Kenya and to provide their aord- The volumes have been distributed to Judges and able, ecient and timely access. Magistrates, Ministers and their Permanent Secretaries, state corporations and Commissions. DEPARTMENTAL ACTIVITIES FOR YEAR 2011 Legislative drafting training Treaties Database The Laws of Kenya Department in preparing its The Department with the support of the FLSTAP Issue15: April-June 2011
- selected statutes governing nancial management in the public sector; ii. Land Laws - selected statutes governing land; iii. Commercial Laws vol. I iv. Commercial Law vol. II consisting of selected statutes governing commercial transactions; v. Family Laws selected statutes governing family and personal law; vi. The Laws of Kenya Grey Book consisting of procedural statutes governing civil and criminal litigation in Kenya.
launched the treaties database, an on-line resource containing the text of multilateral and bilateral treaties to which Kenya is a party, a signatory or where Kenya has taken any other treaty action such as ratication, accession, declaration, reservation or objection and treaties and agreements, which are otherwise important for public information. With the passing of the Constitution of Kenya 2010, all treaties ratied by the Republic of Kenya become part of the body of law of Kenya. It is thus imperative that the text of the treaties is available to the public for their information. Strategic Partnerships The Department has established strategic partnerships with various government and non-government agencies to facilitate the carrying out of its mandate. Chief among our partners is the Government Press, which has played an instrumental role in providing the soft copies of the Kenya Gazette and the legislative supplements. The Department also works very closely with the National assembly through the Committee on Delegated Legislation and specically in the drafting of the Statutory Instruments Bill 2011, which is before the National Assembly for debate. We also work very closely with the Attorney Generals Drafting Department for purposes of certication of revised statutes. Further, the Department also worked closely with the State Corporations Advisory Committee in the drafting of a new Bill to oversee the management of state and county corporations. The Department also established partnership with the African Braille Centre on the thematic areas of making public information universally accessible. The Department visited ABC on the on 7th September 2011. Universal accessibility of legal information The Department in a bid to fulll its mandate of ensuring that all persons access laws online without any diculties had an overhaul of its workow revision processes to ensure that persons with visual impairment can access its information. This entailed the use of Microsoft word as the form of presenting all the documents and having all side/ marginal notes converted to section headings since PDF documents are not reader friendly to persons with visual impairment and also building collaborations with organizations that deal with
persons suering from such disabilities. Consolidation and updating of Legislation The Department was able to revise, update and consolidate over 150 statutes and continued to feed the website portal with new information as published in the Kenya gazette. The year 2011 was particularly busy owing to the various pieces of legislation being enacted in the quest to implement the Constitution. Over 50 statutes have been enacted to implement the Constitution and the same are available from the Councils website in a downloadable format. Moreover, the department has continued to aggressively acquire from its partners and provide other new legislative material such as Bills and legal notices which have been timeously availed on the Organizations web site (www. kenyalaw.org). New amendments aecting existent legislation have also been promptly acquired and aected laws accordingly updated. In a bid to further keep the public abreast with emerging new legislation, the department has periodically released legislative alerts electronically to the more than seven thousand (7,000) email recipients. The department also managed to publish revised editions to several statutes for purposes of updating earlier printed copies of the KLR Laws of Kenya Grey Book. The Department produced a holistic CD Rom October 2011 edition of selected Laws of Kenya to ensure that our clients are able to access updated legislation when they cant access the Internet. On the same note, we also republished specialized CD ROMs touching on specic subjects i.e land law and Grey Book Volumes. Other trainings The Department in a bid to build capacity of its members in other disciplines had some members attend training on various issues; Equality and non-discrimination training in the civil service, Women and Land rights under the new Constitution in Mombasa, meeting of the Association of judicial Reporters in Boston USA etc.
PUBLICATIONS PREPARED BY LAWS OF KENYA DEPARTMENT IN 2011
LAWS OF KENYA CD-ROMS

Transforming Legal Information into Public Knowledge
THE OFFICIAL LAW REPORTS OF
KENYA LAW
REPORTS www.kenyalaw.org
THE REPUBLIC OF KENYA
LAWS OF KENYA
A consolidation of selected volumes of the Laws of Kenya Edition: October 2011
Grey Book CD
Land Law CD
Laws of Kenya Consolidated CD
LAWS OF KENYA BOOKS
The Grey Book
The Public Finance and Administration Book
The Land Law Book
Commercial Vol. I
Commercial Vol. II
Family and Gender
Sales, Marketing & Customer Care Departmental Annual Report

By Linda Awuor, Advocate, Team leader, Sales and Marketing & Customer Care Department.
Identify the sources and frequency of customer complaints in regard to service delivery Determining the impact of NCLR reforms on judiciary service delivery Establish the eectiveness of dispute resolution and the current mechanism of addressing customers complaints. Determining the level of professionalism, integrity, and fairness being promoted by NCLR sta in the course of their work. Propose Service Improvement measures. Provide NCLR with the action point areas to focus their priority on. This will be effectively delivered by Nielsens eQ TM tool.
1.0: Customer satisfaction survey nder the Councils strategic plan, one of the Strategic objectives of the Sales, Marketing and Customer Care department is to Carry out a Customer satisfaction survey to measure the overall satisfaction level of customers with the services provided and to determine the quality of service delivery as perceived by NCLR customers. The tender to carry out the customer satisfaction survey was awarded to Nielsen Company which carried out the survey during the nal quarter of the year. The survey The main objective of the study was to measure the overall satisfaction level of customers with the services provided by NCLR. The other objectives were to:
Determine the quality of service delivery as perceived by NCLR customers. Develop a composite measure of customer satisfaction and use it to determine the overall rating of the current level of satisfaction. Establish the extent, to which NCLR is adhering to its strategic plan. Identify gaps in service delivery
Nielsen followed a double thronged research approach. The initial stage was qualitative research that helped unravel the emotional and functional aspects of the customer service aspects from the service providers. The exploratory phase entailed interviews with internal persons who shed light on the customer service aspect and a few interviews with the external persons to develop an comprehensive customer satisfaction model. The exploratory phase unraveled the NCLR customer touch points and helped understand the service customers are likely to receive at each point. The information from the qualitative stage went on to develop the factors to be measured quantitatively and the attributes are then developed. The quantitative stage was the second stage and involved the measurement of customer expectations quantitatively. NCLR clients performance was then evaluated against other relevant benchmarks and an overall customer satisfaction index was derived.
The following is the structure that was used to carry out the survey. Total sample Nairobi Mombasa Nakuru
Law rms/Law Society of Kenya / Agencies Judiciary Legal training institutions Goverment Ministries General Public TOTAL SAMPLE
220
120
50
50
60 18 42 200 540
20 9 42 100 291
20 5
20 4
50 125
50 124
2.0: Carrying out aggressive marketing of NCLR products (especially new publications by the L.O.K and editorial departments) Objective: Increase the organizations sales through aggressive marketing of NCLR products The Sales, Marketing and Customer Care department had a busy year in terms of marketing and selling its products to NCLR clients. This was due to the increase of new publications by both the Editorial and Laws of Kenya Departments. These publications included: KLR 1992 KLR 1993 KLR 1994 KLR 2006 Vol II KLR 2008 KLR 2009 Land Laws Volume Public Finance Volume Family Law Volume Grey Book Commercial Laws Volumes 1 & 2 Kenya Law Review Volume II (2008-2010) Kenya Law Reports Monthly
3.0: Participate in Events and exhibitions Objective: Participate in national events e.g. public service week by having a display stand of NCLR products and services in order to increase the visibility of the NCLR image and brand 3.1: Judges Colloquium The 2011 Annual Judges colloquium was held at the Mombasa Serena Beach Hotel and Spa under the theme Rebuilding Condence in the Kenya Judiciary from the 15th-19th August 2011. To keep the judges and other participants legally informed, NCLR prepared a colloquium booklet that constituted of the Constitution of Kenya 2010, The Judicial Service Act (No 1 of 2011), and the Supreme Court Act (No 7 of 2011) which was distributed to all the participants. NCLR Participated and showcased at this event and sponsored a cocktail for the event participants. 3.2: EAC Judicial Education Committee Seminar in Nairobi The East Africa community seminar on principles and application of case ow management was held on the 5th - 8th September, 2011 at the safari park hotel in Nairobi. The seminar was attended by judicial ocers from the East Africa
The total sale for the year 2011 was Kshs. 24,000,000. Issue15: April-June 2011
community where they shared their experiences with regard to case ow management. NCLR was part of the planning committee of the seminar and participated in the event by showcasing its products and services during the seminar. Furthermore, NCLR sponsored the main cocktail at the event and designed the publicity material for the event. 3.3: Marcus Evans Events NCLR entered into a media partnership agreement with Marcus Evans. Marcus Evans is one of the world's leading providers and promoters of global summits strategic conferences, professional training, in-Company training, businessto-business congresses, sports hospitality and on-line information. The terms of the partnership are:
Marcus Evans will provide: The acknowledgement of NCLR as Media Partner NCLR logo on our printed onsite materials NCLR logo on the event website and brochure of the event NCLR organization prole of 50 words on the event brochures Hyperlink from the event website to NCLR homepage Ecient distribution of NCLR promotional materials to the event participants (speakers and delegates) NCLR provides: Marcus Evans Event listing & banner ad hyperlink on NCLR website An announcement about the Marcus Evans event through 3 email campaigns / advertisements placed in NCLR newsletter / publication Event write-up in NCLR newsletter / publication / website
retaries East Africa training at Crowne Plaza Nairobi, Kenya. NCLR participated at the event and showcases its products. On the 17th and 18th October 2011, Marcus Evans had a training on Contract Risk Master class which Integrated contract management best practices in real-world situations at the Sankara Hotel, Nairobi, Kenya. NCLR was in hand to showcase its products during this event. 3.4: Farewell Luncheon for former Chief Justice Mr. Justice (Rtd.) J.E. Gicheru, E.G.H. On August 5, 2011, NCLR held a Farewell luncheon to honor Mr. Justice (Rtd.) J.E. Gicheru, E.G.H., for his service as Chief Justice of the Republic of Kenya and Chairman of the Board of the National Council for Law Reporting (2003-2011) at the Hilton Hotel in Nairobi. The event was hosted by The Hon. Dr. W.M. Mutunga, S.C., Chief Justice, President of the Supreme Court and Chairman of the Board of the National Council for Law Reporting while the Guest of Honour was The Hon. Mr. Justice (Rtd.) J.E. Gicheru
Other Guests included: The Hon. Lady Justice N. Baraza, The Deputy Chief Justice/Vice President, Supreme Court of Kenya Current and former Members of the Board of Directors of the National Council for Law Reporting Management and sta of the National Council for Law Reporting Mrs. G.B. Shollei, immediate former Editor & CEO, National Council for Law Reporting
This was a major publicity event for the NCLR and was covered by various TV stations. NCLR as usual used this as an avenue to publicize its products. 4.0: Launching of New products (Kenya Gazette online portal, New KLR Volumes, and New Grey Books 4.1: Launch of Kenya Gazettes online portal at the Connected Kenya Summit 18th 21st of April 2011, Leisure Lodge Resort The Connected Kenya Summit was created in consultation with ICT industry players and key-
Based on this partnership, on the 5th and 6th of May 2011 Marcus Evans held the Company Sec-
Government of Kenya decision makers aimed at establishing a platform for collaboration, capacity building and priority sharing between the Government and the IT sector with a view of linking and hastening implementation of Public Sector IT projects to world class standards. The 2011 Connected Kenya Conference was themed Innovating for the Citizen and presented an opportunity for both Government and Private Sector to showcase how technology is being utilized to engage the citizen and how we can look ahead at innovative ways to improve the lives of Kenyans particularly with country-wide availability of highspeed data, aordable communication and the existence of a mature and successful local innovating business environment. During this conference, NCLR in conjunction with ICT Board, Google Kenya, the Kenya National
Assembly and the Government Press ocially launched the online archive of the Kenya Gazette for the period 1906 2006. With this launch of the online archive of the Kenya Gazette, NCLR reached yet another milestone in its bid to avail public legal information to Kenyans. 4.2: Launch of the online archive of Parliamentary Debates NCLR launched its online archive of the Parliamentary debates (The Hansard) 1960 - 2011, on the 6th of July 2011 presided over by The Hon. Lady Justice N. Baraza, Deputy Chief Justice, on the 6th of July 2011 at the Kenyatta International Conference Center (Amphitheater), from 8.30 am - 12.45 pm. The event attracted a lot of publicity and was featured on the PM Live show hosted by Larry Madowo from NTV.
NTV PM Live Show Host Larry Madowo (left) interviewing Mr Michael M. Murungi, Editor/ C.E.O during the launch of the online Parliamentary debates (The Hansard) 1960 - 2011
Research and Development Department Annual Report

By Siphira Gatimu, Asst Librarian.
Hansards In the same year the department established partnership with the clerk of the National Assembly. The Kenya National Assembly provided 1907 to 2011 Parliamentary proceedings most of which were in hard copy and a few in soft copy. Digitization was done by the department converting to the most appropriate format. Google Kenya also played an important role by providing a platform for the search engine and indexing t he content to the most suitable format. The project was accomplished and the department launched the online archive of the Hansard at Kenyatta International Conference Centre in July, 2011 Internship Progamme The department successfully established a partnership with the American universitys school of international service in June, 2011 Bookshare Research and development department entered into partnership with bookshare in October, 2012. Bookshare is the largest online accessible library of copyrighted content for people with print disabilities. Through its technology initiative and partnerships, Bookshare seek to raise the oor on accessibility issues so that individuals with print disabilities have the same easy to access to print materials as people without disabilities. The department supports Bookshares in a global initiative by submitting NCLR copyrighted publications in digital les to Bookshare with an open licence to provide access of the publications to persons with print disabilities. PUBLICATION OF KENYA LAW REVIEW JOURNAL Collection Development Library Collection Development is the process of planning and acquiring a balanced collection of library ma-
Vision o establish NCLR as a leading research institution in legal information in Africa and beyond.
Mission To timely avail reliable, accurate and detailed information to all NCLR departments in the most ecient format as an aid to NCLR to achieve its vision and mission. DEPARTMENTAL ACTIVITIES FOR THE YEAR 2011 PARTNERSHIP Kenya Gazette Notices The department established partnerships with Government and Non Government Agencies to facilitate publishing legal information online. Among the partners is Government Printers which provided 1899 to 2011 Kenya gazette notices some in hard copy and a few in soft copy. The hard copies were digitized inhouse, classied and converted to the appropriate format required within the department. Google Kenya also played an important role in indexing and developing a platform for the information to be accessed by members of the public. After meeting the objectives and goals of the project, Kenya gazette online was successfully launched at the connected summit in Mombasa in April, 2011
terials of many formats, including books, periodicals, online resources, and other media. The department was able to acquire updated copies of reports law Africa publishing rm, various textbook and periodicals such as Harvard Business Review, Nairobi Law Monthly e-paper subscription Management magazine among others through direct purchase as well as subscriptions form various publishing rms bookshops as well as Joster website. Kenya gazettes and supplements during the period were successfully obtained from Government Press both in hard copy and soft copy. All copies of Parliament proceedings (Hansards) were obtained from parliament in soft copy. DIGITIZATION Objective: To provide legal notices, acts of parliament, bills, corrigendas, Kenya gazette, judicial opinions and various parliamentary commission reports in softcopy through document management system (DMS). Research and development department was able to digitize the above mentioned information materials for the purpose of Law Revision and developing a cross referencing database which be useful in tracing the history of a certain law. The digitized information was uploaded in the Document Management System
(DMS) to facilitate resource sharing and maximization of space. LEGAL DEPOSIT Objective: To comply with law Section 6 (1) a and 6(1) c of the Books and newspapers act, requires every publishers to deposit any publication with KNLS and registrar before or within fourteen days after publication of books at their own expenses. The department submitted all NCLR publications inclusive the publications published during the period. These include Kenya Law Reports, bench bulletin and KLR monthly and laws of Kenya volumes. This is to facilitate the publication of the national bibliography of Kenya under section 4(k) of the Kenya national library service board act and as a way of marketing NCLR products. R&D REPOSITORY Objective: To provide back up of all NCLR publication in both soft copy and hard copy. All publications published during the period were safely stored in research and development repository both in hard copy and soft copy in order to ensure data security.
Information Communication Technology Department Annual Report

By Michael Mayaka, System developer, Teamleader, ICT department.
deeper understanding of the operations of the LOK Department. Google Conference: The ICT Team attended training on Google Analytics Online. This hands-on course was conducted online in April, 2011. The result was high optimization of the NCLR website (www.kenyalaw.org) for search engines especially Google. The team also attended G|Kenya Conference which exposes developers to the various technology platforms oered by Google and Partners. Management Development: The ICT team attended a management development training programme conducted by Kenya Institute of Management (KIM) on the 30th 31st of May. This went a long way in strengthening the management skills and style within the department Microsoft Executive Brieng: On the 3rd of June, the ICT team was given orientation on top-notch VideoConferencing Technology by Microsoft Corporation. This was conducted in the Norfolk Hotel using Handson practical exercises. Multinational Corporation (MNC) Breakfast: This MNC breakfast hosted by the Kenya ICT Board was conducted on 8th June. The event aims at updating government stakeholders on the latest technologies and trends in the corporate world. Cisco Expo Kenya 2011: The ICT team attended this event to experience state-of-the-art technology in the eld of Networking and audio-visual equipment. This was conducted at KICC on 28th June, 2011 Hansard Launch: The ICT Team played an instrumental in deploying the Parliamentary Hansards both on the NCLR website and Parliaments Website. This was launched on 6th July, 2011 at the KICC Open Government: The NCLR ICT Team also attended the Launch of Kenyas Open Government on the 8th July. The OpenGovt Concept aims at integrating information from all key government ministries and presenting it in an easy-to-understand manner to the general
Introduction ICT Vision he ICT Department will be an exemplar in providing advanced, innovative technology solutions to support the ongoing mission and goals of the National Council for Law Reporting. ICT Mission To conceptualize and apply creative, innovative, appropriate, reliable, and integrated technological solutions that enable the Council to eciently and eectively full its vision and mission. Departmental Activities The ICT Department, in line with the ICT Vision and Mission and guided by the overall NCLR Strategic Objectives, took part in the following activities, projects and events Training, Conferences, Workshops, & Seminars Legislative Drafting: On the 15th and 16th of March, 2011 the LOK Department invited members of the ICT Team to attend legislative drafting conducted by one of the renowned legislative drafters Johnson Okoth Okello, Director of Legislative Drafting at the Kenya Law Reform Commission. The training dwelt on introduction on legislative drafting, legislative sentences, structure of a bill, and amendments. This gave the ICT team a
public under one portal. The Ministry of Information & Communication, the Kenya ICT Board, eGovernment, and Vision 2030 were the main actors funded by the worldbank. NCLRs External Contribution Enterprise Case Management Eldoret: In order to harness judicial opinions, track case progress and easily avail these to the general public, the NCLR ICT Team in collaboration with the Judiciary and funded by the USAID, launched a Case Management System for the Eldoret Chief Magistrate Court on February 15th, 2011. This was launched by retired Chief Justice Hon. Gicheru. Seychelles: NCLR is collaborating with the Seychelles Supreme Court and has deployed an Enterprise Case Management System which has been handed over to the Seychelles to further improve on it. This was done in the months of March and August, 2011 Other Contributions In the Year 2011, the NCLR as a member of the Judiciary ICT Committee immensely and freely contributed to the growth of ICT in the Judiciary. This is owed to the fact that NCLR has been recognized worldwide as having the expertise and knowledge in deploying solutions relevant to the Legal Sector and beyond. Among Virtual Hosting of Judiciary Web Applications Status Before 2011
All web applications (including website) hosted and managed at the Treasury More than 50% Downtime Un-audited security of the website Inability to track web trac Decentralized troubleshooting No Remote/Osite Backup
other collaborations, NCLR ICT Team worked with the following institutions: Kenya National Assembly NCLR developed 3 Content Management Systems for the KNA (Legal Directorate & Research Department); NCLR also assisted in technical deployment of the Legacy Parliamentary Hansards. Kenya ICT Board NCLR ICT Team deployed and is still working on an Enterprise DMS for the Kenya ICT Board CCK The NCLR is an active member and was part of pioneering and stakeholder of the Kenya Computer Incident Response Team (KE-CIRT) USAID The NCLR established itself as a technical contact for USAID and State University of New York. State Law Oce & Ministry of Foreign Aairs The NCLR ICT & the LOK Team deployed an online Treaties Database for all Treaties. The NCLR ICT team is the technical focal point in deploying this solution which was funded by FLSTAP. The Government Printer The NCLR ICT Team has deployed legacy Kenya Gazzette issues online in collaboration with Google at zero-cost.
Current Status
Total Cost of Ownership
Future Projection
Migration of all Judiciary WebApps to The Judiciarys Data Center with remote replication & redundancy
Web applications securely The New Solution is 100% hosted in the cloud Opensource hence zero cost on Guaranteed 100% uptime. licensing. Auditable Security Measures No Server equipment needs to Centralized in-house be purchased by The Judiciary troubleshooting Less time spent in Centralized and self-managed troubleshooting administration. Remote/Osite Backup Present
Electronic Communication and Collaboration Status Before 2011

Internal Rudimentary mail system Squirrel More than 50% Downtime Use of Non-official e-mail a d d re s s e s fo r o f f i c i a l communication Unconventional e-mail addressing Issue15: April-June Decentralized
Current Status
Future Projection
Integration of sms notications for urgent mails
Modern Enterprise The New Solution is 100% Communication & Opensource hence zero cost Collaboration Suite on licensing and support Guaranteed 100% uptime. All source is available to The Use of Official (@judiciary. Judiciary to allow unlimited go.ke) addresses for official scaling. communication Conventional e-mail 2011 addresses rstname.
Continued... Electronic Communication and Collaboration Status Before 2011

troubleshooting No Remote/Osite Backup
Current Status
surname@judiciary go.ke Centralised Calendar/ Diary & Global Contacts Addresses Instant Messaging capability
Future Projection
Enterprise Judiciary Service Desk Status Before 2011

Purely Manual Complaints Filing Slow retrieval of Complaint Records Cumbersome transfer and follow-up of complaints from the Office of the Ombudsperson Higher costs of Paper-ling Manual System not environment-friendly Lack of Centralized automated reporting and statistics analysis No Remote/Osite Backup Knowledge Management is minimal owing to manual processing Low public confidence especially when followingup on complaints.
Current Status
Modern Enterprise Webbased Service Desk More transparency in how complains are resolved (public can track progress of tickets raised) Auto-generation of Ticket Numbers for easy online retrieval Multi-channel complaint filing (Online, through phone, walk-in, and e-mail) Preservation of Knowledge in online database One-click Service Reports and Statistics Management has visibility on how The Judiciary is providing service to the public Easier to identify and ag bottle-necks/problem areas.

The New Solution is 100% Opensource hence zero cost on licensing and support All source is available to The Judiciary to allow unlimited scaling. T h e s y s t e m i s ze r o footprint and hosted in the cloud; less hardware resources required
Future Projection
Integration of sms notications for signicant tickets
Year in Review 2011

By Michael M. Murungi, Editor / C.E.O
February 2011 Designed and commissioned an Electronic Case Management System (CMS) for the Eldoret Chief Magistrates Court, so far Kenyas most successful CMS deployment. Justice J.E. Gicheru retires as Chief Justice, marking the end of his tenure as the third Chair man of the Board of the National Council for Law Reporting March Established partnership with African Braille Centre for universal access to public legal in formation, especially for persons with visual impairment. Conducted a re safety drill for sta members. April In partnership with the Government Printer and Google Inc., launched the on line archive of the Kenya Gazette at the Connected Kenya Summit in Mombasa. Partnered with the Judicial Service Commission in negotiating for improved nancial allocation to the Council by the Treasury Showcased at the LSK Annual Conference, Leisure Lodge, Mombasa
May Awarded the Technology in Government in Africa Award, 2010 in Addis Ababa, Ethiopia Participated in the ICJ Uwazi Cup football tournament, in support of the right to informa tion. Established a sales and marketing plan and designed and deployed a customer care query management system June Participated at the Law via Internet Conference, Hong Kong University, Hong Kong. Dr. Willy Mutunga is sworn is as Chief Justice and President of the Supreme Court of Kenya, marking the start of his tenure as the fourth Chairman of the Board of the National Council for Law Reporting. Nancy M. Braza is sworn in as Kenyas rst ever Deputy Chief Justice and Vice President of the Supreme Court. Participated in the LSK Annual Justice Cup, a football tournament, in Nairobi. Hosted Dr. W.M. Mutunga, the new Chief Justice and Chairman of the Councils Board, and The Hon. Justice Nancy Baraza, the new Deputy
Chief Justice, on their rst tour of the Council. Established a publishing partnership with the Nairobi Law Monthly Established a partnership with the American Universitys School of International Service for an international internship programme Open Gov. presented the online archive of the Kenya Gazette and the Hansard to H.E. President Mwai Kibaki at the Open Gov launch at the KICC, Nairobi Partnered with Google Inc. in implementing the Google Sitemaps Proto col for improved search engine discoverability of the Councils website Published six volumes of the Kenya Law Reports 1992, 1993, 1994, 2006(2), 2008, 2009 Published six volumes of selected chapters of the Laws of Kenya Public Finance and Administration Laws; Land Laws; Com mercial laws (two volumes); Family Laws and the Grey Book (procedural laws).
July Held a sta team building retreat at the Sarova Salt lick and Sarova Taita Hills, in Taita In partnership with the Clerk of the Kenya National Assembly and Google Inc., launched the online archive of the Hansard (Parliamentary Proceedings) 1960-2011
August Held a farewell luncheon for Mr. Justice (Rtd.) J.E. Gicheru, the immediate former Chief Justice and Chairman of the Councils Board Participated at the launch of the National Council on the Administration of Justice Participated at the Annual Meeting of the Association of Reporters of Judicial Decisions in Boston, USA Participated and showcased at the 2011 Annual Judges Colloquium in Mombasa Supreme Court judges Philip Tunoi, Jackton Boma Ojwang', Mohamed Ibrahim, Dr Smokin Wanjala and Njoki Ndung'u sworn in Participated at the EAC Judicial Education Committee Seminar in Nairobi
September Sponsored and participated at the Annual Strathmore University ICT Conference Implemented a new and improved automated payroll and HR manage ment system. Showcased and participated at the LSK Annual Legal Awareness Week at the Supreme Court compound, Nairobi Hosted the Judiciary website and implemented an email system for Judiciary Sta
October Designed a web page for the oce of Legal Counsel in the oce of the Clerk of the Kenya National Assembly. Showcased at the Africa Parliamentary Legal Counsel Conference in Nairobi Participated in the launch of the Judiciary Transformation Programme Councils Board resolves to establish a new organization structure, a pension scheme and a medical scheme for Council sta. Participated in the induction of newly appointed Judges of the High Court Established a partnership with the Kenya Community Development Founation for the benet of socio-economically disadvantaged girls of school-age Published the rst series of the Kenya Law Reports (Elections Petitions) in three volumes Bereaved of Mr. Justin Muthee, Sales and Marketing Ocer; Judiciary bereaved of Mr. Justice Moijo Ole Keiwua, Judge of Appeal
Mr. Justin Muthee
Mr. Justice Moijo Ole Keiwua
November Participated in an induction course for newly appointed District Magistrates at the Judiciary Training Institute, Nairobi Entered into a publishing partnership with The Star national daily news paper.
December Launched Wakilishare, Kenyas rst and leading online community forum and blog for the legal fraternity. Participated at the Impact Sourcing Conference 2011 in Johannesburg, South Africa Bereaved of Mr. Wilson Riungu, Oce Assistant Bereaved of Mrs. Hilda M. Marangu, Copy Editor Awarded the International Association of Law Libraries, 2011 Website Award
Mr. Wilson Riungu
Mrs. Hilda Marangu

NCLR Annual Report 2011

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NATIONAL COUNCIL FOR LAW REPORTING

A service state corporation in the Judiciary

Transforming Legal Information into Public Knowledge.

National Council for Law Reporting Annual Report 2011

Our core values include:

Quality and Excellence in service: Accessibility: Reliability: Integrity:

To enhance access to public legal information.

To provide updated and relevant public legal information.

To conduct our operations professionally, independently, ethically, honestly and fairly

Innovation and teamwork:

Transparency and accountability:

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National Council for Law Reporting Annual Report 2011

FOREWORD FROM THE CHAIRMAN

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NATIONAL COUNCIL FOR LAW REPORTING BOARD MEMBERS

Mrs. Gladys B. Shollei - Chief Registrar, The Judiciary

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

Mr. Evans Monari Advocate, Law Society of Kenya

Mrs. Florence Mwangangi - Advocate, Law Society of Kenya

National Council for Law Reporting Annual Report 2011

NATIONAL COUNCIL FOR LAW REPORTING BOARD MEMBERS

Mr. Paul Sang - Snr. Printer, Government Printer

Co-opted Members of the Council's Board

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NATIONAL COUNCIL FOR LAW REPORTING MANAGEMENT TEAM

Esther Nyaiyaki Snr. Assistant Editor

Ann Asugah - Team Leader, Laws of Kenya

Pascal Otieno - Team Leader, Finance Department

Monica Achode - Team Leader, Editorial Department

Nicholas Okemwa - Team Leader Research and Development

Mutindi Musuva - Team Leader, HR and Administration

Linda Awuor - Team Leader, Sales, Marketing and Customer Care

Michael Mayaka - Team Leader, Iformation Communication Technology

National Council for Law Reporting Annual Report 2011

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Strategy, Quality Assurance and Performance Evaluation Annual Report

National Council for Law Reporting Annual Report 2011

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NCLR Employee of the Year Award Scheme, 2011

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National Council for Law Reporting Annual Report 2011 13

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Editorial Departmental Annual Report

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PUBLICATIONS PREPARED BY EDITORIAL DEPARTMENT IN 2011

The Bench Bulletin

November 2011 Volume 1 Issue 13

KENYA LAW REPORTS

NATIONAL COUNCIL FOR LAW REPORTING

..... and much more .....

The KLR Monthly

The Kenya Law Reports, Published in 2011