Background to Law Reporting in Kenya July 20, 2012 Nairobi-Kenya By Esther Onchana Snr. Asst. Editor/Deputy CEO • Kenya - a Commonwealth Country Independence from the British in 1963 English Legal System • Westminster-type constitution – Legislature, Executive, Judiciary – separation of powers • Commonwealth legal system – Doctrine of Precedent – Law Reporting The Legal System An independent judiciary •Supreme Court – exclusive jurisdiction to determine disputes relating to elections and impeachment of the President; may hear appeals from the Court of Appeal or other court •Court of Appeal– Hears Appeals from the High Court •High Court – Has original jurisdiction, civil and criminal matters; jurisdiction to hear Constitutional matters and appellate jurisdiction from subordinate courts •Subordinate/Magistrates’ Courts •East Africa Court of Justice – Arusha, Tanzania •Court of Appeal – 12 Judges – 7 Circuit Stations •High Court – 54 Judges – 18 Stations •Magistrates Courts – 258 Magistrates – 58 stations •Over 8,000 lawyers (Over 200 admitted to the bar every year) – total over 10,000 legal professionals •Country Population: 38.6 Million (2009 census) Transition of Law Reporting in Kenya 6 CURRENT STATE OF OUR STATUTES; COPY PASTE AMENDMENTS History of Law Reporting in Kenya 1897-1905: E.A.L.R (East African Law Reports) Kenya’s first law reports. Compiled by Hon Mr Justice R. W. Hamilton, Chief Justice of the East Africa Protectorate. Printed by the Government Printer Seven Volumes Covered courts of different jurisdictions. 1922-1956: Kenya Law Reports (KLR) Covered the Supreme Court of Kenya Compiled by various Judges of the Supreme Court of Kenya Government Printer 1934 – 1956: Court of Appeal for Eastern Africa Law Reports (E.A.L.R) 23 volumes compiled by High Court judges and magistrates, a Registrar of the High Court and a Registrar of the Court of Appeal for Eastern Africa Covered the then Court of Appeal for Eastern Africa and of the Privy Council. They covered only those appeals filed from the territories. History of Law Reporting in Kenya 1957 –75: The East Africa Law Reports (cited as E.A.). 19 consecutive volumes covered the Court of Appeal for East Africa and the superior courts of the constituent territories, namely Kenya, Uganda, Tanzania, Aden, Seychelles and Somali land. published under an editorial board consisting of the Chief Justices of the Territories and the presiding judge of the Court of Appeal for Eastern Africa. Folded up after the collapse of the East African Community in 1967 Revived in 2002 by a private publisher. 1976-1980 - Kenya Law Reports revived 6 volumes Compiled by High Court judges. 1982-1992- The Kenya Appeal Reports 2 volumes published by Butterworths,a private entity, under the editorship of The Hon Chief Justice A.R.W. Hancox. Included only the decisions of the Court of Appeal of Kenya selected over that period. •Law Reporting over 20 years in arrears (1980-2001) •Two decades characterized by Restricted access to judicial opinions Conflicting judicial opinions Uncertainty in the law Low judicial transparency Challenges of publishing legacy case law •Tracing poorly preserved records – some may have passed into oblivion •Conversion from paper to soft copy – many old decisions not ‘born digital’ or ‘born digital’ copies not preserved in soft copy •Typing, scanning-ocr- proofreading, document conversion outsourcing. •Reporting on decisions that may have been overruled (Editorial notes) •Orphaned decisions - Reportable decisions showing up after publication – late publication •National Council for Law Reporting Act, No. 11 1994 •Established the National Council for Law Reporting •State corporation under the Judiciary– Government Funded Mandate: “publication of the reports to be known as the Kenya Law Reports which shall contain judgments, rulings and opinions of the Superior Courts of record and to undertake such other or related publications as it may consider necessary”. “The Kenya Law Reports are the official law reports of the Republic of Kenya which may be cited in proceedings in all courts in Kenya” – s. 21 LAW REVISION MANDATE LEGAL NOTICE NO. 29 of 2009 Transition of Law Reporting in Kenya 14 Transition of Law Reporting in Kenya 15 16 Transition of Law Reporting in Kenya 17 NCLR Organizational and Operational Structure National Council for Law Reporting Board Parent Ministry - Judiciary •Chief Justice – Chairman •Judge of Appeal •Judge of the High Court •Attorney General •Two Advocates (Law Society of Kenya) •Government Press •Dean, University of Nairobi Faculty of Law •A Public Officer •The Editor of the Kenya Law Reports (Secretary) National Council for Law Reporting Management •Editor/C.E.O. •Assistant Editors •Secretary/HR Officer •Reporters •Such other members of staff as the Council may consider necessary – Finance, HR & Admin., I.T., Editorial copyreaders, proofreaders, typists, graphic designers… VISION To be the leading institution in Africa in providing reliable and accessible legal information to the public. MISSION 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. Its corporate slogan is: Transforming Legal Information into Public Knowledge NCLR Statement on access to public legal information Pursuant to the Constitution of Kenya 2010 section 35 which creates the right of access to public information, and by virtue of its membership of the Free Access to Law Movement and endorsement of the Montreal Declaration on Free Access to Law, the NCLR believes that: – Public legal information is part of the common heritage of humanity; – Maximizing access to this information promotes justice and the rule of law; – Online public legal information is digital common property and should be accessible to all on a non-profit basis and free of charge. NCLR Strategic Plan • Strategic Objectives • Aligned to Kenya’s Vision 2030, Constitution and the Judiciary Strategic Plan. • Formulated through a consultative process. Constitution requires public participation when formulating public policies. • Monitoring and Evaluation system – individual, departmental and organizational level. Values and Principles • Professionalism •Quality and excellence in service • Accessibility •Reliability • Integrity •Innovation and teamwork •Transparency and accountability. ORGANOGRAM FOR THE NCLR NATIONAL COUNCIL FOR LAW REPORTING BOARD EDITOR EDITORIAL DEPARTMENT LAW REPORTING & LEGAL PUBLISHING OPERATIONS MANAGEMENT SNR. ASST. EDITOR SECRETARY LAWS OF KENYA DEPARTMENT LEGAL RESEARCH AND DEVELOPMENT STRATEGY,QUALITY ASSURANCE & PERFORMANCE FINANCE HUMAN RESOURCES ICT SALES,MARKETI NG,CUSTOMER CARE 26 27 28 29 30 Internal Processes – Editorial and Laws of Kenya • Benchmarking • Preparing guidelines, workflow processes for print and electronic documents Internal Processes – Technology Infrastructure • All members of staff have computers and access to the internet. • Document Management System – Web based system for collecting, tracking and submitting court decisions • NCLR service desk – procurement requests, register complaint or compliment, customer queries, departmental SLAs, • Improve the accessibility of the KLR website by persons with disabilities. Internal Processes – Human Resources • Human Resources – guided by general public sector policies and practices. • Recruitment & retention – competitive and transparent manner. • Conduct of employees governed by principles on leadership found in the new Constitution and the Public Officers Act • Training needs assessment •Development of HR Manual and Career Guidelines Internal Processes – Human Resources • Performance Appraisal - Government Performance Contracting •A scheme for rewarding the best performing employees Internal Processes – Financial management • Governed by principles for management of public finance - in the Constitution and the Government Financial Management Act, Public Audit Act etc. • Procurement of goods and services – Public Procurement and Disposal Act and Regulations. National Council for Law Reporting - Funding •NCLR a state corporation and receives funding from the Government of Kenya •Donor Support: •The World Bank • The Department for International Development (DFID), •Swedish International Cooperation Development Agency (SIDA), •Governance, Justice, Law and Order Sector (GJLOS) Reform Program. Financial and Legal Sector Technical Assistance Project (FLSTAP). •The Kenya Judiciary •GTZ External Processes – Users • Users are engaged through various mediums – email blasts, online service desk may make enquiries, participating in legal awareness events. • www.kenyalaw.org hosts over 35,000 judicial decisions, over 600 Acts of Parliament, Treaties, Bills, Kenya Gazette (1906 - present), Parliamentary Hansard (1963 –present). • Customer satisfaction survey •Advertising through social media and occasionally on television. Opportunities . NCLR has leveraged on its official position to partner and obtain primary legal information from the Judiciary, Parliament, Government Printer. • ICT as the vehicle to deploy public legal information • Establish a fully fledged secretariat to attract and retain expertise in law reporting, legal research and ICT. • Kenya’s Constitution 2010 and reform in the Judiciary. • Innovation – in the information that we publish and in the manner in which it is published. Threats • Parliament could repeal the law one afternoon • Competition from the private sector in the provision of public legal information poses a threat to the Council. The competitors range from established commercial legal publication houses to individuals composed of court clerks and paralegals. • Legal risk associated with publishing information online. . These risks may arise where the identity of certain persons such as children or sexual offences victims involved in judicial proceedings is not protected. THANK YOU VERY MUCH. ASANTE SANA