NCLR Annual Report 2011

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Annual Report2011

Transforming Legal Information into Public Knowledge.

NATIONAL COUNCIL FOR LAW REPORTING

A service state corporation in the Judiciary


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Issue15: April-June 2011

National Council for Law Reporting Annua l Report 2011

VisionTo be the premier resource ins tu on in Africa providing reliable

and accessible legal informa on to the public.

Accessibility:To enhance access to public legal informa on.

Reliability:To provide updated and relevant public legal informa on.

Integrity:To conduct our opera ons professionally, independently, ethically,

honestly and fairly

Innova on and teamwork:To harness and apply crea vity, teamwork and con nuous improvement in providing access to public

legal informa on.

Transparency and accountability: To openly report on our ac vi es and account for our use of public resources.

MissionTo provide access to public legal informa on in order to aid the administra on

of and access to jus ce, the knowledge and prac ce of law and the develop-ment of jurisprudence.

Our core values include:Professionalism: To apply the highest levels of knowledge, skills, competencies

and ethical values in the various disciplines prac ced in execu ng our mandate.

Quality and Excellence in service:To provide goods and services that meet the highest standards of quality and to provide friendly,

prompt and excellent customer service.


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2 National Council for Law Reporting Annua l Report 2011

Contents

Foreword from the Chairman ....................................................................................

Members of the Counc il's Board ................................................................................

NC LR Management Team ..........................................................................................

A note from the Chief Executive Ofcer ...................................................................

Strategy, Quality Assurance and Performanc e

Evaluation Annual Report ...........................................................................................

NC LR Employ of the Year Awa rd Scheme ................................................................

Editorial Departmenta l Annual Report .....................................................................

Human Resource a nd Admin Annual Report ..........................................................

Finance Department Annual Report ........................................................................

Laws of Kenya Department Annual Report ..............................................................

Sales, Marketing & C ustomer Care Departmental Annual Report ........................

Resea rch and Development Department Annual Report .....................................

Information Communication Tec hnology Depa rtment

Annual Report ..............................................................................................................

Yea r in Review 2011 ..................................................................................................

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1963 to 2011. Hitherto these records were previouslyavailable to the public in paper form as part of the publicrecords of the Kenya Na onal Assembly and the KenyaNa onal Archives. They ini a ve was a partnershipbetween the Council on the one hand and the KenyaNa onal Assembly, the Kenya ICT Board and Google Inc.on the other.

g. ICT Awards: In December 2011, the Councils websitewon the prestigious International Association of Law Libraries (IALL) 2011 Website Award . The awardwas announced during the 30th Annual Course onInternational Law Librarianship in Kuala Lumpur(Malaysia) on December 12 2011. This award followedclose on the heels of the Technology in Government inAfrica (TIGA), a con nental award for effec ve use of ICT in governments in Africa, presented to the Councilin Addis Ababa, Ethiopia in May 2011.

In 2011 the Council marked een years since the enact-ment of the Na onal Council for Law Repor ng Act and adecade since the Councils secretariat commenced its opera-ons. During this period the Council has grown tremendous-ly in human capital and produc vity to establish itself as oneof Africas leading law repor ng and research ins tu ons.

More importantly, the Council is now discharging its man-date in the context of a country that has enacted a newCons tu on and a Judiciary that is going through a phaseof transforma on. Its role in the crea on of a robust, indig-enous, progressive and patrio c jurisprudence cannot beunderes mated.

On behalf of the Councils Board, I congratulate the man-agement on the achievements of 2011 and convey our con-dence that in 2012 the Council will remain commi ed tomee ng the expecta ons of Kenyans as expressed in theCons tu on, the Na onal Council for Law Repor ng Act andthe Councils Strategic Plan.

The Hon. Mr. Jus ce W.M. Mutunga, D.Jur., SC., E.G.H.Chief Jus ce/President, Supreme Court of KenyaChairman, Na onal Council for Law Repor ng

FOREWORD FROM THECHAIRMAN

First, on my own behalf and that of the Board of the Council, I share mysympathies on the tragicbereavements that befellus in the last quarter of 2011.

I am pleased to presentthe Annual Report of theNa onal Council for LawRepor ng. This report

takes stock of the Councils ac vi es in 2011 while lookingahead to the challenges of 2012. It underscores once againthe broad range of ini a ves that have undertaken in fulll-ing our mission of improving access to jus ce by providingreliable and accessible legal informa on to the public.

Almost a year before I assumed the posi on of Chairmanof the Council in June 2011, the ci zens right to access topublic legal informa on was established under Ar cle 35 of the Cons tu on of Kenya 2010. In 2011 the Councils in-nova veness and resolve to implement this cons tu onalmandate was evident in the following accomplishments:

a. Kenya Law Reports: With the support of the WorldBank and the United Kingdoms Department forInterna onal Development (DFID) through the Financial& Legal Sector Technical Assistance Project (FLSTAP),the Council published six edi ons of the Kenya LawReports. The Council also published three volumes of consolidated judicial opinions on electoral law from the1960s to 2008. This series is cited as KLR (EP) Vols. I, II& III.

b. Laws of Kenya: S ll under the support of FLSTAP, theCouncil published seven thema c volumes of the Lawsof Kenya, namely: the Grey Book, being a compila onof Acts of Parliament criminal and civil procedure andother volumes covering the subjects of Land Laws;Commercial Laws; Public Finance Laws and Family andGender 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 thesupport of the Judiciary and the United States Agencyfor Interna onal Development (USAID), the Councildesigned and commissioned an Electronic CaseManagement System (CMS) for the Eldoret Chief Magistrates Court.

e. Kenya Gaze e Archive: In March 2011, the Councillaunched on online archive of the Kenya Gaze e withcontent covering the years 1906 2011. The availabilityof these historical records online was the culmina onof a partnership aimed at improving ci zens access topublic legal informa on. The Councils partners were theGovernment Press, the Kenya ICT Board and Google Inc.

f. Parliamentary Hansard Archive: In July 2011 the Councillaunched the online archive of Kenyas Parliamentaryproceedings (Hansard). The content covered the years


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NATIONAL COUNCIL FOR LAW REPORTING BOARD MEMBERS

Dr. Willy M. Mut ung a, D. Jur., SC, EGH - Chief Justic e, President of the SupremeCourt of Kenya/Chairman

The Hon Mr. Justice Philip K. Tunoi -Judge of th e Supreme Court of K enya

Prof. James Otieno Odek - Dean Schoolof Law, University o f Nairobi

The Hon Lady Justice Jessie Lesiit -Judge of the High Court of Kenya

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

Mr. Evans Monari Advocate, LawSociety of Kenya

Mrs. Florence Mwangangi - Advocate,Law Society of Kenya


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NATIONAL COUNCIL FOR LAW REPORTING BOARD MEMBERS

Mr. Anthon y Ombwayo - Princi pal

Litigation Counsel, ofce of TheHon. The Attorn ey General

Mr. Paul Sang - Snr. Prin ter,Government Printer

Mr. Michael Murung i CEO & Editor of the Council - Secretary to the Board

Co-opted Members of the Council's Board1. 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 NationalAssembly


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NATIONAL COUNCIL FOR LAW REPORTING MANAGEMENT TEAM

Mr. Michael Murungi CEO & Editor of the Council - Secretary to the Board

Esther NyaiyakiSnr. Assistant Editor

Nicholas Okemwa - Team Leader Research and Development

Ann Asug ah - Team Lead er,Laws of Kenya

Linda Awuo r - Team Leader,Sales, Marketing and

Customer Care

Monica Acho de - Team Leader,Editorial Department

Michael Mayak a - Team Leader,Iformation Communication

Technology

Pascal Otieno - Team Leader,Finance Department

Mutindi Musuva - Team Leader,HR and Adminis tration


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A NOTE FROM THE CHIEF EXECUTIVE OFFICER

2011 was a year of mixed fortunes for the Na onal Council for LawRepor ng. It will perhaps forever be embedded in the ins tu onsmemory as the year in which we were tragically bereaved of threemembers of staff through illness, namely, Mr. Jus n Muthee, Salesand Marke ng Assistant in the Sales, Marke ng and Customer CareDepartment (October 9, 2011); Mr. Wilson Riungu, Office Assistantin the Human Resources and Administra on Department (Decem-ber 4, 2011) and Mrs. Hilda M. Marangu, Copy Editor in the Edito-rial Department (December 12, 2011). The last quarter of the yearwas therefore the darkest episode in the history of the ins tu on.The rst of these bereavements represented the Councils rst ex-perience with the death of a serving member of staff and the quicksuccession in which they happened only compounded the grief and loss. May the souls of Jus n, Hilda and Wilson rest in peace.

2011 marked the second-last installment in the imple-menta on of the of Councils Strategic Plan 2009-2012.

This was done at a me when the country had just promulgated a new cons tu on contain-ing a new set of values, bill of rights and framework of government; and the Judiciary, the Coun-cils parent ins tu on, was in the throes of an unprecedented ins tu onal transforma on.

The Councils resourcing was enhanced by an increased nancial alloca on from The Treasury. This setthe ins tu on on the path towards transforming itself into an op mally resourced enterprise capableof mee ng the obliga ons of the new cons tu on and the demands of a transformed Judiciary. Therst steps in that direc on were the design and implementa on of a new organiza onal structure de-signed to capture the op mal staffing level for the Council; and se ng into mo on the processes of establishing a pension scheme and a medical scheme especially for the members of staff of the Council.

The year was also the most produc ve yet for the Council with the publica on of six vol-umes of the Kenya Law Reports and six volumes of the Laws of Kenya from the nan-cial support of the Financial and Legal Sector Technical Assistance Project (FLSTAP). Thismarked part of the enhancement in the scope and quality of the Councils product offering.

On the nancial books, even though the half of 2011 saw growths in the value of plant andequipment, trade and payables, dona ons, grants and revenue, the Council returned an op-

era ng loss. In this regard, the report of the Auditor-General for the nancial year ending inthe rst half of 2011 underscored the need for sustained government funding of the Coun-cil, which is classied as a service state corpora on providing a service for which the re-turn on investment is its contribu on towards ci zen access to public legal informa on.

As the Council drew the curtains on 2011, it carried over into 2012 three compelling ma ers: theneed to obtain adequate and appropriate premises for its burgeoning secretariat; the need to op-mize its nancial, human and infrastructural resourcing and the need for a new round of strate-gic planning that takes into considera on the new cons tu on, the second medium term plan un-der Vision 2030 and the capacity of the Council to service the needs of a transformed Judiciary.


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The Councils Strategy, Quality Assurance and Perfor-mance Evalua on unit was established in 2009 tonot only facilitate the strategic planning process butto also offer leadership in seeing that the strategy gets ex-ecuted. The unit was set up to communicate the Councilscorporate strategy, to ensure that the enterprise level planswere translated into plans of the various departments andto align the employees competency development plansand their personal goals and incen ves, with strategic ob-

jec ves. Monitoring and evalua on forms a cri cal com-ponent for the successful implementa on of the CouncilsStrategic Plan. In 2011 Council monitoring and evalua onwas done at three levels:

i. Departmental Monitoring and Evalua on Alongside the departmental strategicplan, every department established anddocumented its workow processes,the standards and guidelines to be to be

applied in the workow, and a calendar of the departments outputs. This formed themonitoring and evalua on framework atthe departmental level.

ii. Organiza onal Monitoring and Evalua on One of the func ons of the Strategy,Qual i ty Cont ro l and PerformanceEvalua on unit was to con nuouslymonitor and evaluate the implementa onof the Councils strategic plan. Underthis func on, the Department use twomonitoring and evalua on tools:

a. The Implementa on Matrix of the Councils Strategic Plan2009-2012;

b. The Schedule of Standardsan d Gu i d e l i n e s l ed wi t ht h e Dep a r t men t b y o t h e rdepartments.

In addi on to the monitoring and evalua on func onthe Strategy, Quality Assurance and PerformanceEvalua on unit performed the following strategic

objec ves:

i. Quarterly review of the implementa on of the CouncilsStrategic Plan

ii. Aligning the activities of the Councils Departmentswith the best industry practices in organizationalperformance measurement and improvementsystem.

iii. Engaging the Council with the governmentsperformance contracting mechanism.

iv. Undertaking continuous training, education andawareness in strategic management, knowledgemanagement, quality assurance and continuousimprovement both within the Council and beyond.

In 2011, unit headed by the Editor/ CEO, conducted quarterlyperformance reviews of the Councils Strategic Planto take stock of the departmental and organiza onalperformance. At the beginning of 2011 the CouncilsTeam Leaders convened at the Methodist GuestHouse in Nairobi to map out the Ac on Plan for 2011.The Organiza onal Performance Index (OPI) Reportprepared by the Kenya Ins tute of Managementinformed the Ac on Plan. NCLR ascribed to theOPI process in 2010 to establish a reference point

for departmental ac vi es for quality assurance,knowledge management and con nuous.

The OPI recommenda ons were adopted and incorporatedby the Team leaders as part of the organiza onaltargets. Some of the recommenda ons includedpreparing a Board Charter and Code of Ethics topromote high standards of corporate governancefor the NCLR Board. The report also recommendedthat the Council should implement best prac ces inimplemen ng knowledge management systems. Todo so the Council had to review and evaluate theexis ng systems and processes.

On May 3 2011 the NCLR Heads of Department convenedat Lenana Conference Centre in Nairobi to discussthe progress in implemen ng the departmental and

Strategy, Quality Assurance and Performance Evalua onAnnual ReportBy Esther Nyaiyaki Onc hana, Snr. Assistant Editor/ Deputy C.E.O


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of ra onaliza on and upgrading of current membersof the Councils staff. The Board also approved theestablishment of a pension and medial scheme forthe Councils members of staff.

The NCLR Strategic Plan 2009 -2012 will complete its cycle

on July 30 2012. The Council intends to engage itsstakeholders to par cipate in formula ng its next planin line with the Cons tu on of Kenya 2010, the Vision2030 second Medium Term Plan, and the Judiciarysnew Strategic Plan and the Judiciary IntegratedTransforma on Framework.

organiza onal plans for the period January March2011. To crystallize the ndings arrived at duringthe retreat, the team leaders a ended a two-daytraining session on Leadership, Management andStaff Mo va on, a program that was conducted bythe Kenya Ins tute of Management consul ng team.

The training was tailor made to enhance and middleManagers in the areas of governance, management,strategic planning, leadership, performancemanagement, customer rela onship managementand staff mo va on.

At the close of the year in the Council had made considerablestrides in implemen ng the organiza onal strategicobjec ves. The Councils core departments theLaws of Kenya and Editorial Departments - publishedthe highest number of hardbound law reports andspecialized law volumes. The Council successfullyconducted the periodic performance reviews,organized regular mee ngs of the Councils Board.Under the stewardship of the Human ResourcesCommi ee of the Board and Councils management,the Board adopted of a new organiza on structurefor the Na onal Council for Law Repor ng and itsimplementa on was carried out through a process


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NCLR Employee of the Year Award Scheme, 2011


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ment to ve.

Timely Access to Case Law:

Objec ve: To provide mely access to accurate,relevant and updated case law informa on to ju-dicial officers, the legal community and the public;The department was able to subject index forpublica on online of every judicial opinion of theCourt of Appeal. To aid in faster uploading mesICT created a backend CMS system for the report-ers to post their cases online immediately a erreceipt & anonymiza on.

The department was also able to establish a sys-tem for dissemina ng the Court of Appeal deci-sions among judicial officers and specically from

the court which heard the ma er at rst instance,CaseBack Service. A system of monitoring returnsfrom the judicial officers was been ins tuted withmonthly returns being given by the collec onagents.

The department successfully prepared case notesfrom every Supreme Court and Court of Appealdecision as well as selected High Court decisions,the KLR Monthly issues. As at the December 2011twelve issues had been published with the latestedi on being the Sept/Oct Edi on. Collec on edit-ing of the November and December issues is s llongoing.

The department oversaw the produc on andpublica on of the KLR Bench Bulle n, a quar-terly magazine containing analysis of selectedprecedent-se ng judicial opinions delivered bythe Courts of Record in the preceding period; thetles of Bills, Acts and subsidiary legisla on pub-

lished in that period; news and informa on forthe legal fraternity and ac vi es undertaken bythe Council during the period. All four issues were

Editorial Departmental Annual ReportBy Monica Ac hode, Advoc ate,Snr. Law Reporter, Team Leader Editorial Department.

Vision

To establish the Council as the leading pub-lisher of official law reports in Africa and be-yond.

MissionTo meously collect, analyse and provide afford-able access to accurate and relevant case lawin order to aid the administra on of jus ce, theprac ce and teaching of the law and the develop-ment of Kenyas jurisprudence.

Collec on of Judicial Opinions:

Objec ve: Collect in electronic form a copy of every judicial opinion of the High Court and theCourt of Appeal on the day that the opinion is de-livered;

The department was able to successfully use thesystem designed to monitor, collect and track ju-dicial opinions delivered by the Court of Appealand the High Court. In the last quarter three new jurisdic ons i.e the East African Court of Jus ce,the Supreme Court and the Industrial Court wereadded onto the departments list of court jurisdic-

on and the collec on of cases successfully inte-grated into its workow processes. This brings thenumber of jurisdic ons monitored by the depart-


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backlog edi ons of the Kenya Law Reports in or-der to effec vely close the gap in law repor ng;

The department was able to publish several back-log edi ons of the KLR volumes including, KLR1992, KLR 1993, KLR 1994. It was also able to sub-stan ally prepare several more for publica on inthe following year.

Contribute to the Financial Resources of theCouncil

Objec ve: Contribute to the nancial resourcesof the Council by conceptualizing, designing andimplemen ng sustainable business models for or-

ganizing and dissemina ng case law informa on.

The KLR Monthly was successfully launched intothe market at a premium rate of ksh. 500/-. Thispublica on is a monthly is a monthly digest of ju-dicial opinions delivered by the Supreme Court,Court of Appeal and selected decisions of theHigh Court.

Addi onal Ac vi es

The department successfully integrated the fol-lowing roles into its daily processes:

The department was able to carry out severaltrainings of newly inducted Judges and Magistrateson the role of NCLR in the administration of

jus ce and how they can get the best out of theirinterac on with the Council.

Upda ng of online judicial proles.

produced on me and due to its popularity, theproduc on number of the BB has been increasedfrom 1000 to 1,500. All these publica ons areavailable online.

The department also oversaw the prepara onand publica on of the weekly KLR Newsle er. Keymembers of the department as well as the ICT de-partment were very instrumental in helping getthe newsle er out on me.

Collec on of the 2010 and 2011 reportable caseswas also carried out during this year with the aimof publish the Kenya Law Reports volumes con-taining precedent-se ng judicial opinions for the

preceding year. KLR publica ons that were pub-lished in the year included; KLR 2009, KLR 2008,KLR 2007 Vol. II, KLR 2006 Vol. I & II and the KenyaLaw Review Journal Vol. II (2008 -2010).

The department was able to publish and updatethe Specialized Kenya Law Reports volumes withthe following volumes; the KLR Elec on Pe onVol. I, II & III, the KLR Gender Based Violence Vol.I (at print).

The department was able to effec vely coordinat-ing the monthly submission of case write ups ontopical issues from the bench; legisla ve updatesfrom parliament and the Ags, and law reform is-sues arising as well as adverts detailing the up-coming products of the Council to Nairobi LawMonthly magazine.

Accelerate Publica on KLR Backlog Edi ons

Objec ve: To accelerate the publica on of the


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PUBLICATIONS PREPARED BY EDITORIAL DEPARTMENT IN 2011

KENYA LAW REPORTSKLR MONTHLY:


November 2011

Volume 1Issue 13

INDEX

Milimani CommercialCourts ,4thUpper HillClose,off NgongRd,P.O. Box 10443 -GPO0 0100, Nairobi,Kenya ,

Tel: (+254 020) 2712767 2719231,Fax: (+254 020) 2712694 ,www.kenyalaw.org

Email: [email protected]

Facebook: Kenya LawReports www.youtube.com/kenyalawreports

INJUNCTION Application for interlocutoryinjunction restraining therespondents from interference withthe suitland principles for granting interlocutoryinjunction dutyof thecourttoexerciseitsdiscretion judiciallywhether theappellantestablisheda casefor grantofan injunction.Torotich Misoi Mereng v Mohamed Ali & Anothers ..............................................80

REFERENCEReferencetofullCourtofAppealfromadecisionofasingleappellatejudgeforextensionoftimeto lean appealoutof time claim ofan inordinatedelayofthreemonthsguidelinesthatoughttobeconsideredbya singlejudgewhen dealingwithapplicationsfor extension of timedutyof thecourttogiveeffectto theoverridingobjectivewheninterpretingany ruleor provision in theAppellateJurisdiction Act whether thesingle judgeexerc isedhis discretion judicially whether reference to fullcourt hadmer itCourtofAppealRulesrule4.Daima Bank Limited (in liquidation) v Prof. David Musyimi Ndetei .....................75

REPRESENTATIVE SUITNeedfor partyinstitutinga representativesuittoissuea noticetothoserepresentedtomakethem awareoftheexistenceofthesuit.Joseph Kashau Ololkuo & 7 others v Ngati Farmers Co - operative Society Ltd ....62

APPEALSsummaryrejectionofappealsgroundsonwhichacourtmaybaseasummaryrejectionofa criminalappealwheretheappellanthadbeen convictedin the lower courtofthesexualoffenceofde lementofa girlsuperior courtsummarilydismissinghisappeal manner in whichcourtsoughttoexercisethepower ofsummarydismissalwhetherthecourtwasright tosummarilydismisstheappeal CriminalProcedureCode(Cap75) Section 352; SexualOffences Act(No. 3 of2006)section 8(2)D.O. v Republic ....................................................................................................39

MEDICAL EVIDENCEMedicalevidencein a de lementcase whether allperpetratorsofde lementshould bemedically examined.Ben Joseph Nanzala v Republic............................................................................20

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

Ksh. 500

ADigest of Precedent-setting Judicial Opinions from the Superior Courts of Record

NATIONAL COUNCIL FORLAWREPORTING A service state corporation in the Judiciary.

The Bench Bulle n

The KLR Monthly

The Kenya Law Reports, Published in 2011


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Deployment of a HR Informa on so ware

HR and Admin department with the support of the ICT department deployed a HR Informa onso ware (HRMIS). This so ware has modules onstaff data, leave management, training, recruit-ment and performance management. The sys-tem is was to ease processes in the departmentthrough automa on of procedures. The HRMIScan also provide various management reports.

House Keeping Issues.Office Cleanliness

The HR and Admin department contracted acleaning company to ensure all day cleanlinessin the offices. Two stewards where are sta oned

at the Council and there has been a striking im-provement in office hygiene and sanita on since.

Welfare

The HR and Admin department spear headedvarious welfare ac vi es in the Council. Thereincluded planning and facilita on of suppor ngstaff through work and non work related chal-lenges. Members of staff had their birthdays,gradua ons and new borns acknowledged andcelebrated as well and moral support in cases of illness and bereavement.

SportsUwazi Cup Football Tournament

The Council was invited by the ICJ Kenya to afootball tournament, Uwazi Cup Football Tour-nament which took place on place on 7th May2011 at Impala Sports Grounds Nairobi. The

tournament was part of the campaign towards afreedom of informa on law that will provide thenecessary framework for the promo on of trans-

Human Resource and Admin Annual ReportBy Mutindi Musuva,Team Lea der, HR and Admin Department.

HR Department Mission

W e are commi ed to developing, imple-men ng, and suppor ng programs andprocesses which add value to our em-ployees, our partners and Councils mandate of law repor ng.

HR Department Vision

The HR department is a service support team,providing leadership in the management of theCouncils human resources issues and CSR relatedac vi es.

Major Department Ac vi es;Recruitment:

A rigorous recruitment exercise was conducted in2011. This saw the substan ve hiring of two Salesand Marke ng Assistants in the Sales, Marke ngand Customer Care Department, a Web Designerin the ICT department, two copy readers in theLaws of Kenya Department, an Office Assistant inthe HR and Admin department and interns in theeditorial, laws of Kenya and procurement depart-ments. Candidates were sought both internallyand externally with the posi ons adver sed inna onal dailies and the Councils website.


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was looking to procure its own medical scheme.By a resolu on, the Council appointed a specialcommi ee to undertake review and recommen-da on of medical scheme for the Councils secre-tariat. HR and Admin department being the userdepartment undertook a compara ve analysis of its medical scheme against that of peer organiza-ons as rated by the State Corpora ons AdvisoryCommi ee. The commi ee later proposed to theboard that the council procure its own medicalscheme which was approved by the board meet-ing of October 28, 2011.Upgrading / Ra onalising the NCLR Organisa-onal Structure

The HR and Admin department in consulta on

with HR commi ee of the Board designed a neworganiza on structure for the Council, for approv-al by the Board. The Council did not previouslyhave an organiza on structure that properly de-ned the full or op mum staff establishment andthe repor ng rela onships for the Council. Thenew organiza on plan was expected to do awaywith ambiguity and confusion caused by unclearrepor ng rela onships in the Council; it was rec-ommended that clear structures be established in

the organiza onal chart. The organisa on struc-ture was approved with effect from October 28,2011 and its implementa on was done throughra onaliza on and upgrading of exis ng jobgrades and members of staff.

The Employee Sa sfac on Survey

All members of staff took part in the EmployeeSa sfac on Survey. The overall objec ve of theEmployee Sa sfac on Survey was to establish the

level of employee sa sfac on with the work andworking environment with a view to establishingareas of weaknesses and making recommenda-ons for improvement where services fall shortof expecta ons. The Council engaged the servicesof Eliud & Associates (E&A) Management Consul-tants to provide technical assistance in the exer-cise. The survey was held June 15, 2011 through adetailed ques onnaire.

The ndings of the Employee Sa sfac on Surveyrevealed an impressive rate of 72% in employeesa sfac on.The survey provided insights into thechallenges the Councils leadership faced in en-

parency and accountability in government, freemedia and a be er business environment. The2011 theme is An informed ci zen, a transpar-ent Government, a prosperous Kenya. The tour-nament was a "six a side" with teams allowed tohave ten players each. The NCLR team did wellmaking it the quarter nals.

Jus ce Cup Tournament

Last years Jus ce Cup Tournament was held onSaturday, the 9th of July at the Parklands SportsClub. The theme of the tournament was Jus cefor All. The tournament was convened for mainlylegal ins tu ons as well as corporate organiza-ons. A total of 32 teams par cipated, a marked

improvement from the previous year.

The Na onal Council for Law Repor ng, as usual,presented a formidable team which felled many ateam at the preliminary round, including perenni-al tle contenders such as Mohammed Madhani& Co. Advocates, which the Council hammered1 nil, John Mburu & Co. Advocates. Members of staff had a great me. It was a wonderful oppor-tunity for bonding and having fun.

Establishment of a Pension Scheme For NCLR

In consulta on with the HR Commi ee of theBoard, the HR and Admin department proposeda pension scheme for members of staff who hadpreviously been on contract terms. It had beensubmi ed to the members of staff that establish-ing a pension scheme in place of the current gratu-ity scheme was based on a circular issued by Trea-sury requiring all state agencies to cease engaging

its employees on gratuity terms and to insteadestablish pension schemes. Further, Treasury hadasked the Council not to incur further liability ongratuity in the current nancial year. The Board of the Council later approved a Dened Contribu onpension scheme for the Council at the rate of 10% to 20% being contribu ons on basic salary bymembers of staff and the Council respec vely.

Establishment of a Medical Scheme For NCLR

The mee ng of the Members of the Na onal Coun-cil for Law Repor ng (the NCLR) held on July 15,2011 was informed that the Councils Secretariat


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suring a work place environment that designed tosupport employees succeed. The survey also pro-vided a framework on how to meet present andfuture work place expecta ons and the needs of employees.

Budget

In consulta on with the nance department andmanagement, the HR and admin department wasinstrumental in the development of the Councilsbudget for 2011/2012.

Team Building Retreat

A Team Building Retreat following the Employee

Sa sfac on Survey was held on 28 and 29th of July 2011 in Taita and was facilitated Eliud & As-

sociates (E&A) Management Consultants whohad conducted the employee sa sfac on survey.Ac vi es for the team building exercises were ad-vised by the ndings of the employee sa sfac onsurvey.

The Retreats main goals were to develop overallsense of the council team and review the resultsof the recent employee climate survey conductedin the month of June 2011.

The Retreat was a ended by all staff of Na onalCouncil for Law Repor ng drawn from all the de-partments and Branches the Council.

Overall, the majority of par cipants found the Re-

treat very interes ng and educa ve while the restfound it interes ng and relevant.

Some sta members of the National Council for Law Reporting


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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 293,000from the Rockefeller Founda on for IMPACT - I.S.

for improving public access to informa on throughimpact sourcing. This is a project that is scheduledto be completed in November of 2012.

Appropria on in Aid

In the rst half of the current nancial year toDecember 2011, the Council has ne ed A-In-A of Ksh's.19 Million. This has surpassed the approvedtarget of Ksh's.16 Million by 18.75%.This is the rstme ever for the Council to achieve such a fete.

Prequalica on of Suppliers

In the past, the Council had relied on the Judi-ciarys list of prequalied suppliers. In the monthof May 2011, the Council carried out its maidenprequalica on exercise for our suppliers. TheCouncil had two broad types of supplies i.e supplyof goods and supply of services. Each type had asuitable number of categories as follows:

Enhanced Budgetary Alloca on

The Council presented budget es mates forKsh's. 269 million for the nancial year 2011/2012. However, the Ministry of Finance ap-

proved Ksh's.212 million for the same period. Thiswas a very substan al increment of 147% com-pared with the Ksh's. 85.6 million approved forthe nancial year 2010/2011. In the last half of theyear 2011, the Council was able to nance its pro-grammes much be er than in the previous years.

Dona ons

Dona ons from the Financial and Legal sec-tor technical assistance programme (FLSTAP)

grew up by 2,851% to Ksh's 52, 243,900.00 fromKsh's 1,770,000.00.This was a ributed mainly

Finance Department Annual ReportBy Pascal Otieno, Team Leader, Financ e Department.

CATEGORY NO. ITEM DESCRIPTION

NCLR/A1/11-12 Supply of office furniture & curtains

NCLR/A2/11-12 Supply of computer so ware

NCLR/A3/11-12 Supply of computer consumables and accessories

NCLR/A4/11-12 Supply of general office sta onery


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Prequalica on Criteria

The prequalica on threshold was set at a mini-

mum of 75%, it was to be done on predesignedforms and was based on the following informa on:

1. Registra on Documenta on 2. Pre-qualica onData

3. Supervisory Personnel

CATEGORY NO. ITEM DESCRIPTION

NCLR/B1/11-12 Supply of hotel & conference facili es

NCLR/B2/11-12 Supply of prin ng services for calendars, diaries, christmas cards, brochures,

magazines, reports, branded sta onery items

NCLR/B3/11-12 Supply of prin ng services for the Kenya law reports and laws of Kenya

(hard bound books & loose leaf pages)

NCLR/B4/11-12 Supply of travel agency & cke ng services

NCLR/B5/11-12 Supply of taxi & car hire services

NCLR/B6/11-12 Repair & maintenance of motor vehicles

NCLR/B7/11-12 Repair of office furniture and cabinets

NCLR/B8/11-12 Repair & maintenance of computers, printers & networking equipment, PABX

NCLR/B9/11-12 Supply of courier services

NCLR/B10/11-12 Supply of events management services

NCLR/B11/11-12 Supply of catering services

NCLR/B12/11-12 Supply of cleaning services

NCLR/B13/11-12 Supply of media agency & marke ng services

NCLR/B14/11-12 Supply of graphic design & crea ve services

4. Financial Posi on5. Conden al Report 6. Past Experience7. Li ga on History


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Loss for the year reduced by 29.9% to Ksh's7,582,480.00 from Ksh's 10,824,006.00. It is im-pera ve to note that the net loss reduced despitethe increase in salaries and wages costs and gratu-ity costs. This was as a result of improved budget-ary control.

Statement of Financial Posi on as at 30th June2011

The value of Property plant and equipment in-creased by 42.1 % to Ksh's.10, 853,119.00 as com-pared to Kshs 7,636,296.00 in the previous year.This was a ributed to asset acquisi ons and dona-ons during the nancial year.

Trade and other receivables increased by 2.4% toKsh's 5,115,287.00 up from Ksh's 4,993,497.00 inthe previous year. The increase mainly a ributed toaccounts receivables of Ksh's. 2,737,500.00 receiv-able from Registrar high Court, Ksh's. 337,500.00Receivable from Kenya An -corrup on Commis-sion and Ksh's. 112,000.00 receivable from StateLaw office.

The Retained losses grew up by 24.0% to Ksh's38,794,566.00 from Ksh's 31,182,086.00 in theprevious year.

Other reserves grew up by 3,156% to Ksh's47,251,463.00 from Ksh's (1,532,437.00).Thiswas a ributed mainly to the grants of Ksh's.52,243,900.00 from the Financial and Legal sectortechnical assistance programme (FLSTAP).

Trade and other payables grew up by 21.2% to

Ksh's 38,638,882.00 from Ksh's 31,870,395.00 inthe previous year. This situa on was occasionedby the inadequate GOK budgetary alloca on.

Dona ons grew up by 2,851% to K sh's 52,243,900.00 from Ksh's 1,770,000.00.This was at-tributed mainly to the capital grants for comput-ers of Ksh's.6, 315,000.00, Kenya Law Reports bookgrants of Ksh's. 44,384,900.00 and Library booksgrant of Ksh's. 1,544,000.00 from the Financial andLegal sector technical assistance programme(FLSTAP).

FINANCIAL PERFORMANCE

The Council presented budget es mates for Ksh's.269 million for the nancial year 2011/ 2012. How-ever, the Ministry of Finance approved Ksh's.212million for the same period. This was a very sub-stan al increment of 147% compared with theKsh's. 85.6 million approved for the nancial year2010/2011. In the last half of the year 2011, theCouncil was able to nance its programmes muchbe er than in the previous years.

Statement of comprehensive Income for the year2010/2011

Revenues

The total revenue realized in the nancial yearwas Ksh's.7, 629,336.00 as compared with Ksh's.2,242,500.00 in year 2009/2010. This represented a240% increment in Appropria ons -In- Aid. How-ever, against the Ksh's.16, 000,000.00 approvedbudget; it represented a 52% under collec on.

Net GOK receipts was Ksh's.69, 685,000.00 ascompared to Ksh's. 66,580,000.00 in the last pe-riod. Represen ng a 4.66% increase.

Expenditure

Total administra ve expenses totaled Ksh's.82,111,736.00 compared with 78,774,548.00, a4.24% increase.

Salaries and wages totaled Ksh's. 57,465,605.83as compared with 47,664,619.00 in the previous

period, a 20% increase. This was a ributed to re-cruitment of addi onal employees to ll vacantposi ons during the year.

Gratuity also increased by 3,337.6% to 3,759,084.45as compared with the 109,352.00 paid in the pre-vious year.

Deprecia on, a non-cash ow expense increasedby 80.6% to 3,987,277.42 from 2,207,758.00. Theincrease was largely a ributed to the assets do-nated under the FLSTAP programme. Of this total,Kshs.2, 104,790 was a ributed to donated assetswhile the balance of Ksh's.1, 093,368 was a rib-uted to the exis ng assets that were not donated.


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STATEMENT OF THE COUNCIL MEMBERS RESPONSIBILITIES

The State Corpora ons Act Cap 446 of laws of Kenya requires the Council to keep proper books of accountsthat disclose with reasonable accuracy its nancial posi on. The Act also requires the Council to preparenancial statements for each nancial year that give a true and fair view of its state of affairs. Such state-ments should be submi ed to the Kenya Audit office for Audit purposes. The Council is also responsible forthe safeguarding of its assets.

The Council members accept responsibility for the annual nancial statements, which have been preparedin accordance with appropriate accoun ng policies supported by reasonable and prudent judgments andes mates, in conformity with Interna onal Financial Repor ng Standards and the requirements of Govern-ment Financial Regula ons and procedures.

The Council members are of the opinion that these nancial statements give a true and fair view of theCouncil's state of affairs and further accept responsibility for the maintenance of accoun ng records that

may be relied upon in the prepara on of nancial statements as well as adequate systems of internal nan-cial controls.

So far nothing has come to the a en on of the Council members to indicate that the Na onal Council forLaw Repor ng will not remain a going concern for at least the next twelve months from the date of thisstatement.

The Hon. Dr. Willy M Mutunga - Chairman

Mrs. G B Shollei - Member

Mr. Michael M Murungi Secretary


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REPUBLIC OF KENYA

KENYA NATIONAL AUDIT OFFICE

REPORT OF THE AUDITOR-GENERAL ON NATIONAL COUNCIL FOR LAW REPORTING FOR THE YEARENDED 30 JUNE 2011

REPORT ON THE FINANCIAL STATEMENTS

I have audited the accompanying nancial statements of Na onal Council for Law Repor ng set out onpages 9 to 19 which comprise the statement of nancial posi on as at June 30, 2011, and the statementof comprehensive income, statement of changes in equity and statement of cash ows for the year thenended, and a summary of signicant accoun ng policies and other explanatory informa on in accordancewith the provisions of Ar cle 229 of the Cons tu on of Kenya and Sec on 14 of the Public Audit Act, 2003.I have obtained all the informa on and explana ons which, to the best of my knowledge and belief, werenecessary for the purpose of the audit.

Management's Responsibility for the Financial Statements

Management is responsible for the prepara on and fair presenta on of these nancial statements in ac-cordance with Interna onal Financial Repor ng Standards and for such internal controls as managementdetermines is necessary to enable the prepara on of nancial statements that are free from material mis-statement, whether due to fraud or error.

Management is also responsible for the submission of the nancial statements to the Auditor-General inaccordance with the provisions of Sec on 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 Sec on 15 of the Public Audit Act, 2003. The audit was conducted inaccordance with Interna onal Standards on Audi ng. Those standards require compliance with ethical re-quirements and that the audit be planned and performed to obtain reasonable assurance about whetherthe nancial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures inthe nancial statements. The procedures selected depend on the auditor's judgement, including the assess-ment of the risks of material misstatement of the nancial statements, whether due to fraud or error. Inmaking those risk assessments, the auditor considers internal controls relevant to the en ty's prepara onand fair presenta on of the nancial statements in order to design audit procedures that are appropriate inthe circumstances, but not for the

Purpose of expressing an opinion on the effec veness of the Council's internal controls. An audit also in-cludes evalua ng the appropriateness of accoun ng policies used and the reasonableness of accoun nges mates made by the management, as well as evalua ng the overall presenta on of the nancial state-


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ments.

I believe that the audit evidence obtained is sufficient and appropriate to provide a basis for my quali-ed audit opinion.

Basis for Qualied Opinion

1. Financial Posi on

During the year under review the Council incurred an opera ng decit of Kshs.7,582,480 (2009/2010decit Kshs.10,824,006). The Council has a ributed the decit to inadequate funding on Governmentgrants from the parent Ministry. Such inadequate funding of grants may result in to the Council notachieving its objec ve of publishing judicial Reports.

2. Inventories

The inventories balance of Kshs.54,281,286 as at 30 June 2011 includes donated stocks in transit to-talling Kshs.44,384,900 which had not been received in the Council as at 30 June 2011. Informa onavailable indicates that indeed the donated stocks were received by the Council a er 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 effects of the ma ers described in the Basis for Qualied Opinion para-graph, the nancial statements present fairly, in all material respects the nancial posi on of the Coun-cil as at 30 June, 2011, and of its nancial performance and its cash ows for the year then ended, inaccordance with Interna onal Financial Repor ng Standards and comply with the Na onal Council forLaw Repor ng Act, 1994.

Edward R. 0. OukoAUDITOR-GENERAL

Nairobi

20 February 2012


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Statemen t of Comprehensive Income for the year ended 30th June 2011

DETAILS 2010 /2011 2009 /2010

A. INCOME Note Kshs KshsAppropria ons - in - Aid andRevenue ReceiptsSales of Kenya law reports 8 7,629,336 2,242,500Cost of Sales 8 ( 3 ,098,247) ( 1 ,552,538)GROSS PROFIT 4,531,089 689.962

Total GOK Grants 9 69,685,000 66,580,000Other grants GTZ 9 263,844 441,442Other income 9 49,323 384,920Interest income - 803TOTAL INCOME 74,529,256 68,097,107

B. EXPENDITUREAdministra ve expenses 10 (a) (82,003,657) (78,774,548)

Finance charges 10 (b) (108,079) (146,565)Total Recurrent expenditure (82,111,736) (78,921,113) Net Loss for the year (7,582,480) (10,824,006)


Statement of Financial Posi on as at 30th June 2011

NON CURRRENT ASSETS Notes 2010 /2011 2009 /2010

Property plant & Equipment 2 10,853,119 7,636,296

Intangible Assets - 34,200

Sub Total 10,853,119 7,670,496CURRENT ASSETSCash and bank balances 3 1,736,268 1,199,026Trade and other Receivables 4 5,115,287 4,993,497Inventories 5 54,281,286 10,313,995Sub Total 61,132,841 16,506,518Total Assets 71,985,960 24,177,14

CAPITAL & LIABILITIESCapital fund balance 6 23,565,276 23,565,276Retained earnings 6 (38,764,566) (31,182,086)

Other reserves 6 46,836,673 (1,532,437)Sub TotalCurrent Liabili esKCB Bank Account - Sal - 5,866KCB Bank Account - OM 7 649,695 -


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The Financial statements set on pages 1-5 were signed on the behalf of the council on the datesshown here below by:

The Hon. Dr. Willy M Mutunga - Chaiman

Mrs. Gladys Boss Shollei - Member

Mr . Michael M Murungi - Secretary


Statement of Financial Posi on as at 30th June 2011

NON CURRRENT ASSETS Notes 2010 /2011 2009 /2010

Trade and other payables 7 38,638,882 31,870,395

Provision for audit fees 7 1,060,000 1,450,000

Sub Total 40,348,577 33,326,261

Total 71,985,960 24,177,014


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Laws of Kenya Department Annual ReportBy Anne Asugah, Advocate, Team leader, Laws of Kenya Department.

strategic plan recognised the knowledge gap inlegisla ve dra ing and listed training in the sameas one of the ac vi es for 2011. In this regard,the Department sought the exper se of one of the renowned legisla ve dra ers, Johnson OkothOkello, Director of Legisla ve Dra ing at the KenyaLaw Reform Commission to facilitate the training

on 15th and 16th March 2011 at the Kenya Com-fort Hotel Nairobi. Members of staff from otherdepartments in Council such as Informa on Tech-nology, Research and Development also a endedthe training. The training dwelt on introduc on onlegisla ve dra ing, legisla ve sentences, structureof a bill, amendments etc.

Prin ng of 6 volumes of selected Laws of Kenya

The LOK Department with the support of the Fi-nancial and Legal Sector Technical Assistance Proj-ect (FLSTAP), a government project co-fundedthrough a grant from the United Kingdom Depart-ment for Interna onal Development (DFID) and acredit from the World Bank printed the followingselected chapters of the Laws of Kenya ;

i. Public Finance and Administra on Laws- selected statutes governing nancialmanagement in the public sector;

ii. Land Laws - selected statutes governingland;

iii. Commercial Laws vol. Iiv. Commercial Law vol. II consis ng of selectedstatutes governing commercial transac-ons;

v. Family Laws selected statutes governingfamily and personal law;

vi. The Laws of Kenya Grey Book consis ngof procedural statutes governing civil andcriminal li ga on in Kenya.

The volumes have been distributed to Judges andMagistrates, Ministers and their Permanent Secre-

taries, state corpora ons and Commissions.Trea es Database

The Department with the support of the FLSTAP

TheNa onal Council for Law Repor ng (NCLR)is a corporate body established by an Act of Parliament; the Na onal Council for Law Re-

por ng Act No. 11 of 1994 and given the exclusivemandate of:

"publica on of the reports to be known as the Ke-nyan Law Reports which shall contain judgments,rulings and opinions of the Superior Courts of re-cord and also undertake such other publica onsas in the opinion of the Council are reasonably related to or connected with the prepara on and

publica on of the Kenya Law Reports" (sec on 3).

The Council has delegated mandate from the At-torney General on law revision through Legal No-ce No. 29 of 2009.

Vision of the Laws of Kenya Department

To establish the Na onal Council for Law Report-ing as a centre of excellence in the revision, updat-ing and consolida on of na onal legisla on.

Mission

To ensure the con nuous revision and upda ng of all the laws of Kenya and to provide their afford-able, efficient and mely access.

DEPARTMENTAL ACTIVITIES FOR YEAR 2011Legisla ve dra ing training

The Laws of Kenya Department in preparing its


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persons suffering from such disabili es.Consolida on and upda ng of Legisla on

The Department was able to revise, update andconsolidate over 150 statutes and con nued tofeed the website portal with new informa onas published in the Kenya gaze e. The year2011 was par cularly busy owing to the vari-ous pieces of legisla on being enacted in thequest to implement the Cons tu on. Over 50statutes have been enacted to implement theCons tu on and the same are available fromthe Councils website in a downloadable for-mat.

Moreover, the department has con nued to

aggressively acquire from its partners and pro-vide other new legisla ve material such as Billsand legal no ces which have been meouslyavailed on the Organiza ons web site (www.kenyalaw.org). New amendments affec ng ex-istent legisla on have also been promptly ac-quired and affected laws accordingly updated.In a bid to further keep the public abreast withemerging new legisla on, the department hasperiodically released legisla ve alerts electron-ically to the more than seven thousand (7,000)email recipients.

The department also managed to publish re-vised edi ons to several statutes for purposesof upda ng earlier printed copies of the KLRLaws of Kenya Grey Book. The Department produced a holis c CD RomOctober 2011 edi on of selected Laws of Kenyato ensure that our clients are able to access up-dated legisla on when they cant access the In-

ternet. On the same note, we also republishedspecialized 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 itsmembers in other disciplines had some mem-bers a end training on various issues; Equal-ity and non-discrimina on training in the civilservice, Women and Land rights under the newCons tu on in Mombasa, mee ng of the Asso-cia on of judicial Reporters in Boston USA etc.

launched the trea es database, an on-line re-source containing the text of mul lateral and bi-lateral trea es to which Kenya is a party, a signa-tory or where Kenya has taken any other treatyac on such as ra ca on, accession, declara on,reserva on or objec on and trea es and agree-ments, which are otherwise important for publicinforma on. With the passing of the Cons tu onof Kenya 2010, all trea es ra ed by the Republicof Kenya become part of the body of law of Kenya.It is thus impera ve that the text of the trea es isavailable to the public for their informa on.

Strategic Partnerships

The Department has established strategic part-nerships with various government and non-gov-

ernment agencies to facilitate the carrying outof its mandate. Chief among our partners is theGovernment Press, which has played an instru-mental role in providing the so copies of theKenya Gaze e and the legisla ve supplements.The Department also works very closely with theNa onal assembly through the Commi ee onDelegated Legisla on and specically in the dra -ing of the Statutory Instruments Bill 2011, whichis before the Na onal Assembly for debate. Wealso work very closely with the A orney GeneralsDra ing Department for purposes of cer ca-on of revised statutes. Further, the Departmentalso worked closely with the State Corpora onsAdvisory Commi ee in the dra ing of a new Billto oversee the management of state and countycorpora ons. The Department also establishedpartnership with the African Braille Centre on thethema c areas of making public informa on uni-versally accessible. The Department visited ABCon the on 7th September 2011.

Universal accessibility of legal informa on

The Department in a bid to fulll its mandate of ensuring that all persons access laws online with-out any difficul es had an overhaul of its workowrevision processes to ensure that persons with vi-sual impairment can access its informa on. Thisentailed the use of Microso word as the form of presen ng all the documents and having all side/marginal notes converted to sec on headingssince PDF documents are not reader friendly topersons with visual impairment and also buildingcollabora ons with organiza ons that deal with


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PUBLICATIONS PREPARED BY LAWS OF KENYA DEPARTMENT IN 2011

LAWS OF KENYA CD-ROMS

LAWS OF KENYA BOOKS

The Grey Book

Laws of KenyaConsolidated CD

The Public Finance and Administra on Book The Land Law Book

Land Law CDGrey Book CD

Commercial Vol. I Commercial Vol. II Family and Gender


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Iden fy the sources and frequency of customer complaints in regard to servicedelivery

Determining the impact of NCLR reformson judiciary service delivery

Establish the effec veness of dispute

resolu on and the current mechanism of addressing customers complaints.

Determining the level of professionalism,integrity, and fairness being promoted byNCLR staff in the course of their work.

Propose Service Improvement measures.

Provide NCLR with the ac on point areasto focus their priority on. This will be ef-fec vely delivered by Nielsens eQ TMtool.

Nielsen followed a double thronged research ap-proach. The ini al stage was qualita ve researchthat helped unravel the emo onal and func onalaspects of the customer service aspects from theservice providers.

The exploratory phase entailed interviews withinternal persons who shed light on the customerservice aspect and a few interviews with the ex-ternal persons to develop an comprehensive cus-tomer sa sfac on model. The exploratory phaseunraveled the NCLR customer touch points andhelped understand the service customers are like-ly to receive at each point. The informa on fromthe qualita ve stage went on to develop the fac-tors to be measured quan ta vely and the a ri-butes are then developed. The quan ta ve stagewas the second stage and involved the measure-ment of customer expecta ons quan ta vely.

NCLR clients performance was then evaluatedagainst other relevant benchmarks and an overallcustomer sa sfac on index was derived.

1.0: Customer sa sfac on survey

Under the Councils strategic plan, one of theStrategic objec ves of the Sales, Marke ngand Customer Care department is to Carryout a Customer sa sfac on survey to measure

the overall sa sfac on level of customers with theservices provided and to determine the quality of service delivery as perceived by NCLR customers.The tender to carry out the customer sa sfac onsurvey was awarded to Nielsen Company whichcarried out the survey during the nal quarter of the year. The survey

The main objec ve of the study was to measurethe overall sa sfac on level of customers withthe services provided by NCLR. The other objec-ves were to:

Determine the quality of service deliveryas perceived by NCLR customers.

Develop a composite measure of customersa sfac on and use it to determine theoverall ra ng of the current level of sa s-fac on.

Establish the extent, to which NCLR isadhering to its strategic plan.

Iden fy gaps in service delivery

Sales, Marke ng & Customer Care Departmental AnnualReportBy Linda Awuor, Advoc ate, Team leader, Sales and Ma rketing & Customer Care Department.


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3.0: Par cipate in Events and exhibi ons

Objec ve: Par cipate in na onal events e.g. pub-lic service week by having a display stand of NCLRproducts and services in order to increase the vis-ibility of the NCLR image and brand

3.1: Judges Colloquium

The 2011 Annual Judges colloquium was held atthe Mombasa Serena Beach Hotel and Spa un-der the theme Rebuilding Condence in the Ke-nya Judiciary from the 15th-19th August 2011.To keep the judges and other par cipants legallyinformed, NCLR prepared a colloquium book-

let that cons tuted of the Cons tu on of Kenya2010, The Judicial Service Act (No 1 of 2011),and the Supreme Court Act (No 7 of 2011) whichwas distributed to all the par cipants. NCLR Par-cipated and showcased at this event and spon-sored a cocktail for the event par cipants.

3.2: EAC Judicial Educa on Commi ee Seminarin Nairobi

The East Africa community seminar on principlesand applica on of case ow management washeld on the 5th - 8th September, 2011 at thesafari park hotel in Nairobi. The seminar was at-tended by judicial officers from the East Africa

2.0: Carrying out aggressive marke ng of NCLRproducts (especially new publica ons by theL.O.K and editorial departments)

Objec ve: Increase the organiza ons sales

through aggressive marke ng of NCLR productsThe Sales, Marke ng and Customer Care depart-ment had a busy year in terms of marke ng andselling its products to NCLR clients. This was dueto the increase of new publica ons by both theEditorial and Laws of Kenya Departments. Thesepublica ons 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

The total sale for the year 2011 was Kshs.24,000,000.

Total sample

Law rms/LawSociety of Kenya /Agencies

Judiciary

Legal training ins tu ons

Goverment Ministries

General Public 200 100 50 50

TOTAL SAMPLE 540 291 125 124

220

60

42 42

18 9 5 4

20 20 20

120 50 50

Nairobi Mombasa Nakuru

The following is the structure that was used to carry out the survey.


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community where they shared their experienceswith regard to case ow management. NCLR waspart of the planning commi ee of the seminarand par cipated in the event by showcasing itsproducts and services during the seminar. Fur-thermore, NCLR sponsored the main cocktail atthe event and designed the publicity material forthe event.

3.3: Marcus Evans Events

NCLR entered into a media partnership agree-ment with Marcus Evans. Marcus Evans is oneof the world's leading providers and promotersof global summits strategic conferences, profes-sional training, in-Company training, business-

to-business congresses, sports hospitality andon-line informa on. The terms of the partnershipare:

Marcus Evans will provide:

The acknowledgement of NCLR as MediaPartner

NCLR logo on our printed onsite materials

NCLR logo on the event website and bro-

chure of the event

NCLR organiza on prole of 50 words onthe event brochures

Hyperlink from the event website to NCLRhomepage

Efficient distribu on of NCLR promo onalmaterials to the event par cipants (speak-ers and delegates)

NCLR provides:

Marcus Evans Event lis ng & banner adhyperlink on NCLR website

An announcement about the MarcusEvans event through 3 email campaigns /adver sements placed in NCLR newsle er/ publica on

Event write-up in NCLR newsle er / pub-lica on / website

Based on this partnership, on the 5th and 6th of May 2011 Marcus Evans held the Company Sec-

retaries East Africa training at Crowne Plaza Nai-robi, Kenya. NCLR par cipated at the event andshowcases its products.

On the 17th and 18th October 2011, MarcusEvans had a training on Contract Risk Master classwhich Integrated contract management bestprac ces in real-world situa ons at the SankaraHotel, Nairobi, Kenya. NCLR was in hand to show-case its products during this event.

3.4: Farewell Luncheon for former Chief Jus ceMr. Jus ce (Rtd.) J.E. Gicheru, E.G.H.

On August 5, 2011, NCLR held a Farewell luncheonto honor Mr. Jus ce (Rtd.) J.E. Gicheru, E.G.H., for

his service as Chief Jus ce of the Republic of Ke-nya and Chairman of the Board of the Na onalCouncil for Law Repor ng (2003-2011) at theHilton Hotel in Nairobi. The event was hosted byThe Hon. Dr. W.M. Mutunga, S.C., Chief Jus ce,President of the Supreme Court and Chairman of the Board of the Na onal Council for Law Report-ing while the Guest of Honour was The Hon. Mr.Jus ce (Rtd.) J.E. Gicheru

Other Guests included:

The Hon. Lady Jus ce N. Baraza, TheDeputy Chief Jus ce/Vice President, Su-preme Court of Kenya

Current and former Members of the Boardof Directors of the Na onal Council forLaw Repor ng

Management and staff of the Na onalCouncil for Law Repor ng

Mrs. G.B. Shollei, immediate former Editor& CEO, Na onal Council for Law Repor ng

This was a major publicity event for the NCLR andwas covered by various TV sta ons. NCLR as usualused this as an avenue to publicize its products.

4.0: Launching of New products (Kenya Gaze eonline portal, New KLR Volumes, and New GreyBooks

4.1: Launch of Kenya Gaze es online portal atthe Connected Kenya Summit 18th 21st of April 2011, Leisure Lodge Resort

The Connected Kenya Summit was created inconsulta on with ICT industry players and key-


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Assembly and the Government Press officiallylaunched the online archive of the Kenya Gaze efor the period 1906 2006. With this launch of the online archive of the Kenya Gaze e, NCLRreached yet another milestone in its bid to availpublic legal informa on to Kenyans.

4.2: Launch of the online archive of Parliamen-tary Debates

NCLR launched its online archive of the Parlia-mentary debates (The Hansard) 1960 - 2011, onthe 6th of July 2011 presided over by The Hon.Lady Jus ce N. Baraza, Deputy Chief Jus ce, onthe 6th of July 2011 at the Kenya a Interna onalConference Center (Amphitheater), from 8.30 am

- 12.45 pm. The event a racted a lot of publicityand was featured on the PM Live show hosted byLarry Madowo from NTV.

Government of Kenya decision makers aimed atestablishing a pla orm for collabora on, capacitybuilding and priority sharing between the Gov-ernment and the IT sector with a view of linkingand hastening implementa on of Public Sector ITprojects to world class standards. The 2011 Con-nected Kenya Conference was themed Innovat-ing for the Ci zen and presented an opportu-nity for both Government and Private Sector toshowcase how technology is being u lized to en-gage the ci zen and how we can look ahead atinnova ve ways to improve the lives of Kenyanspar cularly with country-wide availability of high-speed data, affordable communica on and theexistence of a mature and successful local innovat-ing business environment.

During this conference, NCLR in conjunc on withICT Board, Google Kenya, the Kenya Na onal

NTV PM Live Show Host Larry Madowo (le ) interviewing Mr MichaelM. Murungi, Editor/ C.E.O during the launch of the online Parliamentary

debates (The Hansard) 1960 - 2011


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Hansards

In the same year the department established partner-ship with the clerk of the Na onal Assembly. The Ke-nya Na onal Assembly provided 1907 to 2011 Parlia-mentary proceedings most of which were in hard copyand a few in so copy. Digi za on was done by thedepartment conver ng to the most appropriate for-

mat. Google Kenya also played an important role byproviding a pla orm for the search engine and index-ing t he content to the most suitable format.

The project was accomplished and the departmentlaunched the online archive of the Hansard at Kenyat-ta Interna onal Conference Centre in July, 2011

Internship Progamme

The department successfully established a partnership

with the American universitys school of interna onalservice in June, 2011

Bookshare

Research and development department entered intopartnership with bookshare in October, 2012. Book-share is the largest online accessible library of copy-righted content for people with print disabili es.Through its technology ini a ve and partnerships,Bookshare seek to raise the oor on accessibility is-sues so that individuals with print disabili es have thesame easy to access to print materials as people with-out disabili es.

The department supports Bookshares in a global ini-a ve by submi ng NCLR copyrighted publica ons indigital les to Bookshare with an open licence to pro-vide access of the publica ons to persons with printdisabili es.

PUBLICATION OF KENYA LAW REVIEW JOURNAL

Collec on Development

Library Collec on Development is the process of plan-ning and acquiring a balanced collec on of library ma-

Vision

To establish NCLR as a leading research ins tu onin legal informa on in Africa and beyond.Mission

To mely avail reliable, accurate and detailed informa-on to all NCLR departments in the most efficient for-mat as an aid to NCLR to achieve its vision and mission.

DEPARTMENTAL ACTIVITIES FOR THE YEAR 2011PARTNERSHIP

Kenya Gaze e No ces

The department established partnerships with Gov-ernment and Non Government Agencies to facilitatepublishing legal informa on online. Among the part-ners is Government Printers which provided 1899 to2011 Kenya gaze e no ces some in hard copy and afew in so copy. The hard copies were digi zed in-house, classied and converted to the appropriateformat required within the department. Google Kenyaalso played an important role in indexing and develop-ing a pla orm for the informa on to be accessed bymembers of the public.

A er mee ng the objec ves and goals of the project,

Kenya gaze e online was successfully launched at theconnected summit in Mombasa in April, 2011

Research and Development Department Annual ReportBy Siphira Gatimu, Asst Librarian.


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(DMS) to facilitate resource sharing and maximiza onof space.

LEGAL DEPOSIT

Objec ve:To comply with law

Sec on 6 (1) a and 6(1) c of the Books and newspapersact, requires every publishers to deposit any publica-on with KNLS and registrar before or within fourteendays a er publica on of books at their own expenses.The department submi ed all NCLR publica ons in-clusive the publica ons published during the period.These include Kenya Law Reports, bench bulle n andKLR monthly and laws of Kenya volumes.

This is to facilitate the publica on of the na onal bib-liography of Kenya under sec on 4(k) of the Kenya na-onal library service board act and as a way of market-ing NCLR products.

R&D REPOSITORYObjec ve:

To provide back up of all NCLR publica on in both socopy and hard copy.

All publica ons published during the period were safe-ly stored in research and development repository bothin hard copy and so copy in order to ensure datasecurity.

terials of many formats, including books, periodicals,online resources, and other media.

The department was able to acquire updated copiesof reports law Africa publishing rm, various textbook

and periodicals such as Harvard Business Review, Nai-robi Law Monthly e-paper subscrip on Managementmagazine among others through direct purchase aswell as subscrip ons form various publishing rmsbookshops as well as Joster website.

Kenya gaze es and supplements during the periodwere successfully obtained from Government Pressboth in hard copy and so copy. All copies of Parlia-ment proceedings (Hansards) were obtained from par-liament in so copy.

DIGITIZATIONObjec ve:

To provide legal no ces, acts of parliament, bills, cor-rigendas, Kenya gaze e, judicial opinions and variousparliamentary commission reports in so copy throughdocument management system (DMS).

Research and development department was able todigi ze the above men oned informa on materi-als for the purpose of Law Revision and developing a

cross referencing database which be useful in tracingthe history of a certain law. The digi zed informa onwas uploaded in the Document Management System


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Informa on Communica on Technology DepartmentAnnual ReportBy Micha el Ma yaka, System developer, Tea mleader, ICT depa rtment.

deeper understanding of the opera ons of the LOKDepartment.

Google Conference: The ICT Team a ended trainingon Google Analy cs Online. This hands-on course wasconducted online in April, 2011. The result was highop miza on of the NCLR website (www.kenyalaw.org)for search engines especially Google. The team also

a ended G|Kenya Conference which exposes devel-opers to the various technology pla orms offered byGoogle and Partners.

Management Development: The ICT team a endeda management development training programmeconducted by Kenya Ins tute of Management (KIM)on the 30th 31st of May. This went a long way instrengthening the management skills and style withinthe department

Microso Execu ve Brieng: On the 3rd of June, theICT team was given orienta on on top-notch Video-Conferencing Technology by Microso Corpora on.This was conducted in the Norfolk Hotel using Hands-on prac cal exercises.

Mul na onal Corpora on (MNC) Breakfast: ThisMNC breakfast hosted by the Kenya ICT Board wasconducted on 8th June. The event aims at upda nggovernment stakeholders on the latest technologiesand trends in the corporate world.

Cisco Expo Kenya 2011: The ICT team a ended thisevent to experience state-of-the-art technology in theeld of Networking and audio-visual equipment. Thiswas conducted at KICC on 28th June, 2011

Hansard Launch: The ICT Team played an instrumen-tal in deploying the Parliamentary Hansards both onthe NCLR website and Parliaments Website. This waslaunched on 6th July, 2011 at the KICC

Open Government: The NCLR ICT Team also a ended

the Launch of Kenyas Open Government on the 8thJuly. The OpenGovt Concept aims at integra ng infor-ma on from all key government ministries and present-ing it in an easy-to-understand manner to the general

Introduc on

ICT Vision

The ICT Department will be an exemplar in provid-ing advanced, innova ve technology solu ons

to support the ongoing mission and goals of theNa onal Council for Law Repor ng.

ICT Mission

To conceptualize and apply crea ve, innova ve, appro-priate, reliable, and integrated technological solu onsthat enable the Council to efficiently and effec velyfull its vision and mission.

Departmental Ac vi es

The ICT Department, in line with the ICT Vision andMission and guided by the overall NCLR Strategic Ob-

jec ves, took part in the following ac vi es, projectsand events

Training, Conferences, Workshops, & Seminars

Legisla ve Dra ing: On the 15th and 16th of March,2011 the LOK Department invited members of the ICTTeam to a end legisla ve dra ing conducted by one of the renowned legisla ve dra ers Johnson Okoth Okel-

lo, Director of Legisla ve Dra ing at the Kenya Law Re-form Commission. The training dwelt on introduc onon legisla ve dra ing, legisla ve sentences, structureof a bill, and amendments. This gave the ICT team a


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other collabora ons, NCLR ICT Team worked with thefollowing ins tu ons:

Kenya Na onal Assembly NCLR devel-oped 3 Content Management Systems forthe KNA (Legal Directorate & Research De-

partment); NCLR also assisted in technicaldeployment of the Legacy ParliamentaryHansards.

Kenya ICT Board NCLR ICT Team de-ployed and is s ll working on an EnterpriseDMS for the Kenya ICT Board

CCK The NCLR is an ac ve member andwas part of pioneering and stakeholder of the Kenya Computer Incident ResponseTeam (KE-CIRT)

USAID The NCLR established itself asa technical contact for USAID and StateUniversity of New York.

State Law Office & Ministry of ForeignAffairs The NCLR ICT & the LOK Teamdeployed an online Trea es Database forall Trea es. The NCLR ICT team is the tech-nical focal point in deploying this solu onwhich was funded by FLSTAP.

The Government Printer The NCLR ICTTeam has deployed legacy Kenya Gazze eissues online in collabora on with Google at zero-cost.

public under one portal. The Ministry of Informa on &Communica on, the Kenya ICT Board, eGovernment,and Vision 2030 were the main actors funded by theworldbank.

NCLRs External Contribu on

Enterprise Case Management

Eldoret: In order to harness judicial opinions, trackcase progress and easily avail these to the generalpublic, the NCLR ICT Team in collabora on with theJudiciary and funded by the USAID, launched a CaseManagement System for the Eldoret Chief MagistrateCourt on February 15th, 2011. This was launched byre red Chief Jus ce Hon. Gicheru.

Seychelles: NCLR is collabora ng with the SeychellesSupreme Court and has deployed an Enterprise CaseManagement System which has been handed over tothe Seychelles to further improve on it. This was donein the months of March and August, 2011

Other Contribu onsIn the Year 2011, the NCLR as a member of the Judicia-ry ICT Commi ee immensely and freely contributedto the growth of ICT in the Judiciary. This is owed tothe fact that NCLR has been recognized worldwide ashaving the exper se and knowledge in deploying solu-

ons relevant to the Legal Sector and beyond. Among

Status Before 2011

All web applica ons (includingwebsite) hosted and managedat the Treasury

More than 50% Down me Un-audited security of the

website Inabil ity to track web traffi c Decentralized troubleshoo ng No Remote/Offsite Backup

Web applications securelyhosted in the cloud

Guaranteed 100% up me. Auditable Security Measures C e n t r a l i z e d i n - h o u s e

troubleshoo ng Centralized and self-managed

administra on. Remote/Offsite Backup Present

The New Solution is 100%Opensource hence zero cost onlicensing.

No Server equipment needs tobe purchased by The Judiciary

L e s s t i m e s p e n t i ntroubleshoo ng

Migra on of all JudiciaryWebApps to The JudiciarysData Center with remotereplica on & redundancy

Current Status Total Cost of Ownership Future Projec on

Status Before 2011

Electronic Communica on and Collabora on

Virtual Hos ng of Judiciary Web Applica ons

Internal Rudimentary mailsystem Squirrel

More than 50% Down me Use of Non-official e-mail

ad d re sse s fo r o ff i c i a lcommunica on

Unconventional e-mailaddressing

Decentralized

Modern EnterpriseCommunica on &Collabora on Suite

Guaranteed 100% up me. Use of Official (@judiciary.

go.ke) addresses for officialcommunica on

Conven onal e-mailaddresses rstname.

The New Solution is 100%Opensource hence zero coston licensing and support

All source is available to TheJudiciary to allow unlimitedscaling.

Integra on of smsno ca ons for urgent mails



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Status Before 2011

Con nued...Electronic Communica on and Collabora on


troubleshoo ng

No Remote/Offsite Backup

surname@judiciary go.ke Central ised Calendar/

Diary & Global ContactsAddresses

I n s t a n t M e s s a g i n gcapability

Status Before 2011

Enterprise Judiciary Service Desk


Purely Manual ComplaintsFiling

Slow retrieval of ComplaintRecords

Cumbersome transfer andfollow-up of complaintsfrom the Office of theOmbudsperson

Higher costs of Paper-ling M a n u a l S y s t e m n o t

environment-friendly L a c k o f C e n t r a l i z e dautomated reporting andsta s cs analysis

No Remote/Offsite Backup Knowledge Management is

minimal owing to manualprocessing

Low publ ic confidenceespecially when following-up on complaints.

Modern Enterprise Web-based Service Desk

More transparency in howcomplains are resolved(public can track progressof ckets raised)

Auto-genera on of TicketNumbers for easy onlineretrieval

Multi-channel complaintfiling (Online, throughphone, walk-in, and e-mail)

Preserva on of Knowledgein online database

One-click Service Reportsand Sta s cs

Management has visibilityon how The Judiciary isproviding service to thepublic

Easier to iden fy and agbot t le -necks/problemareas.

The New Solu on is 100%Opensource hence zerocost on l icensing andsupport

All source is available toThe Judiciary to allowunlimited scaling.

Th e sy s t em i s z e ro -footprint and hosted inthe cloud; less hardwareresources required

Integra on of smsno ca ons forsignicant ckets


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Year in Review 2011By Michael M. Murungi, Editor / C .E.O

February 2011 Designed and commissioned an Electronic Case Management System

(CMS) for theEldoret Chief Magistrates Court, so far Kenyas most successful CMSdeployment.

Jus ce J.E. Gicheru re res as Chief Jus ce, marking the end of histenure as the third Chair man of the Board of the Na onal Council forLaw Repor ng

March Established partnership with African Braille Centre for universal access

to public legal in forma on, especially for persons with visualimpairment.

Conducted a re safety drill for staff members.

April In partnership with the Government Printer and Google Inc., launched

the on line archive of the Kenya Gaze e at the Connected Kenya Summitin Mombasa.

Partnered with the Judicial Service Commission in nego a ng forimproved nancial alloca on 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 Par cipated in the ICJ Uwazi Cup football tournament, in support of the

right to informa on. Established a sales and marke ng plan and designed and deployed a

customer care query management system

June Par cipated at the Law via Internet Conference, Hong Kong University,

Hong Kong. Dr. Willy Mutunga is sworn is as Chief Jus ce and President of the

Supreme Court of Kenya, marking the start of his tenure as the fourthChairman of the Board of the Na onal Council for Law Repor ng.Nancy M. Braza is sworn in as Kenyas rst ever Deputy Chief Jus ce and Vice President of the Supreme Court.

Par cipated in the LSK Annual Jus ce Cup, a football tournament, inNairobi.

Hosted Dr. W.M. Mutunga, the new Chief Jus ce and Chairman of theCouncils Board, and The Hon. Jus ce Nancy Baraza, the new Deputy


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July Held a staff team building retreat at the Sarova Salt lick and Sarova

Taita Hills, in Taita In partnership with the Clerk of the Kenya Na onal Assembly and

Google Inc., launched the online archive of the Hansard(Parliamentary Proceedings) 1960-2011

August Held a farewell luncheon for Mr. Jus ce (Rtd.) J.E. Gicheru, the

immediate former Chief Jus ce and Chairman of the CouncilsBoard

Par cipated at the launch of the Na onal Council on theAdministra on of Jus ce

Par cipated at the Annual Mee ng of the Associa on of Reporters of Judicial Decisions in Boston, USA

Par cipated and showcased at the 2011 Annual Judges Colloquium inMombasa

Supreme Court judges Philip Tunoi, Jackton Boma Ojwang', MohamedIbrahim, Dr Smokin Wanjala and Njoki Ndung'u sworn in

Par cipated at the EAC Judicial Educa on Commi ee Seminar inNairobi

September Sponsored and par cipated at the Annual Strathmore University ICT

Conference Implemented a new and improved automated payroll and HR manage

ment system.

Showcased and par cipated at the LSK Annual Lega

NCLR Annual Report 2011

Documents