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2010 LAW SOCIETY OF KENYA ANNUAL CONFERENCE The 2010 Annual Conference of the Law Society of Kenya was recently held in Mombasa (August 19th – 20th , 2010), hosted at the Leisure Lodge Resort, and was co-sponsored by Safaricom LTD, CFC Stanbic Investment, Law Africa and Bank of Africa.

The Conference Theme

The Law Society of Kenya Annual Conference took as its theme “Digesting Kenya’s Constitutional moment; the place of the legal profession in the post 2010 Referendum”. Referring to the just concluded Referendum exercise that took place on 4thof August 2010.

The conference drew a wide array of participants from the legal sector from all over Kenya and beyond. In all, 13 presentations were made and 5 panel discussion sessions were held at the conference.

The opening ceremony was addressed by Hon. James Orengo, Minister for Lands.

Speakers

The Conference attracted some eminent speakers including the Hon. Mutula Kilonzo, Minister for Justice & Constitutional Affairs, Hon. James Orengo, Minister for Lands, Hon. Martha Karua, Narc Chairperson, Hon. Mohammed Bhabha of South Africa, Prof. P. L. O. Lumumba, Chairman of Kenya Anti-Corruption Commission(KACC), Prof. Yash Pal Ghai, Ambassador Rachael Omamo, Dr. Ojienda T.O, Dr. Kithure Kindike, Dr. Kiarie Mwaura, Mr. Roelf Meyer, Mr. Otiende Amollo, Mr. J. O. Obuodha.

Presentations

1. Digesting Kenya’s Constitutional Moment: the place of legal profession in the post 2010 Referendum. The speaker was Pro. Pal Ghai.

2. Refocusing the war on corruption in Kenya by Pro. P. L. O. Lumumba, the Chairman Kenya Anti-Corruption Commission (KACC).

3. Positioning the legal profession for post referendum opportunities and challenges: a comparative perspective

the Kenyan perspective.

tial hints relating to law on the review of the Constitution of Kenya: a post

ilding on the gains and lessons from the losses –

from South Africa presented by speakers Hon. Mohammed Bhabha and Roelf Meyer. 4. Positioning the legal profession for post referendum opportunities and challenges:

Presented by Ambassador Omamo. 5. The Land question in the New Constitution: A note to the legal practitioner by Dr. Ojienda T. O. 6. Consolidating the resent jurispruden

referendum retrospect presented by Dr. Kithure Kindike. 7. Horizontality and the Bill of Rights: The place of the legal profession in defining parameters of Corporate

obligations for Human Rights violations by Dr. Kiarie Mwaura. 8. Reflections of Kenya’s Constitutional review process. Bu

perspective from the Committee of Experts and the National Assembly presented by Mr. Otiende Amollo. 9. Ethnopolitics and Constitution making: Lessons learnt from Kenya Constitutional review process presented by

eater justice and constitutionalism in Kenya presented by Hon. Mutula Kilonzo, Minister

Mr. J. O. Abuodha. 10. Forecasting the role of political parties and the National Assembly in the post 2010 referendum presented by

Hon. Martha Karua. 11. The post-referendum road map identifying and harnessing the short-term and long-term challenges and

opportunities for grfor Justice and Constitutional Affairs.

THINK BIG BY SAFARICOM BUSINESS Safaricom continues to be the total communications solutions and its evolving from the provision of basic voice and

obile data services to organizations to becoming an integrated one stop shop in the provision of all voice, data and IT

related services to busin

Currently, the internet speeds have increased tremendously since the landing of the East Africa Marine cables; Seacom

e and serve the market needs fully. Safaricom has now

m

esses, both large and small.

and TEAMs last year .This has spurred innovation in IT firms and Business Organizations. Accessibility has now

become a thing of the past. With the increase of bandwidth availability in the market, bandwidth is becoming

commoditized and there is thus urgent need for us to evolv

become key provider of various services that create reliability to business.

PROFESSIONAL E-MAIL FOR CORPORATE LAWYERS

E-mail is an indispensable tool for members of the legal fraternity today. Using e-mail at work will expedite such

routine correspondence as case status and memoranda/briefs. E-mail is also used by many advocates for client billing,

marketing, and court filing.

While e-mail is easy to get -- if you have internet access chances are you already have an e-mail account -- getting an e-

ere

kely to miss an important work email, and it lets you avoid handing out your personal e-mail to

strangers.

mail account that'll work for you professionally requires having the service provisioned by a reputable provider. H

are our tips:

• Separate your work and home e-mail. There are a lot of reasons this is a good idea: reserving an e-mail address

for work only may help you reduce junk e-mail ("spam") at work, it'll make your record keeping easier, you're

less li

• Use your name or the name of your firm: [email protected] looks a lot more professional

than [email protected].

• Avoid "free" email services if possible. E-mail services such as Gmail, Yahoo and Hotmail are great cho

personal e-

ices for

mail, but they tend to look unprofessional - especially if the free e-mail host automatically inserts

distracting advertising at the bottom of your e-mails.

eb

l addresses at your domain name

• If you have your own web site already, use your own domain name for addresses. Safaricom Business W

Hosting Service offers e-mai

(e.g. [email protected], [email protected], [email protected], for

the http://www.wiseadvocate.co.ke domain) as part of your hosting plan.

If you don't already have a domain name for your orga• nization or firm, get one today: with prices starting at

3,000/= for the year.

e of

• For small and medium sized firms that do not find the need to maintain a mail Server and all other associated

IT staff; Hosted Exchange is the ideal service. Safaricom Business offers you the convenience and peac

mind that comes with having our data centre provision your secure office mail accounts. Each Microsoft

http://mail.google.com/

http://www.yahoo.com/

http://www.hotmail.com/

http://www.hotmail.com/

Outlook account is available with prices beginning at 350/= per month for individual accounts. At 650/= per

month FOR THE Corporate package, larger firms are able to provision Outlook accounts with such tools as

ail! A recent study by Hewlett-Packard and Sun Microsystems found that typical users

he

EAST AFRICA LAW SOCIETY ANNUAL CONFERENCE &

Calendar sharing that eases Collaboration and Managing appointments.

• Keep up with your e-m

expect a response to their e-mail within 24 hours. It is important that you check your e-mail at least daily and

try to respond to all incoming e-mails within 24 hours - even if it's just to tell the person that you received t

email and will reply more thoroughly soon. If you're going to be out of the office for more than a day, can

activate an "Out of Office" mode that will automatically reply to incoming e-mails and inform the person that

you're away from the office.

GENERAL MEETING

The East Africa Law Society will hold its 15th Annual Conference and General Meeting on 19th and 20th November 2010 at the Celexon Conference Centre in Bujumbura, Burundi under the theme “One East Africa: Democracy & Good Governance”.

The Registration fee is USD200 payable at the Law Society of Kenya Secretariat in US Dollars (USD) upon which an official EALS receipt will be issued. All cheques and bank drafts should be made in favour of the East Africa Law Society and must be accompanied with a duly filled registration form. Kindly note that the

ion fee

registrat does not include accommodation and transport costs. Participants are expected to make their ments. own travel and accommodation arrange

ence and General Meeting ii) Banking details for registration fee iii) Registratio

For further details on the conference registration, accommodation and travel itinerary, please see the following attached documents:

i) A general note on the Annual Confer

n form iv) A detailed list of hotels in Burundi v) Travel itineraries with estimated costs

Members may also contact the LSK Secretariat or visit the EALS official website; WWW.EALAWSOCIETY.ORGfor the same details.

CLE Accreditation – 3 Units.

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USTICE

PRACTIL DECISIONS

AS NOTARY P

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AS COMMISS

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CUP TO

ICE MATS TAKEN ON

PUBLIC

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OATHS

OATHS

MENT

MuhammedTeam receivthe overall wSociety of KTournamenHaki Yetu” Club. With Law SocietyAkide.

ST 2010

d Muigai Advving a trophy winner of the

Kenya 2010 Junt dubbed “Ka at the Parkla them is the Cy of Kenya Mr

vocates y for being e Law ustice Cup atiba ni nds Sport

Chairman r. Kenneth

All applications were approved.

APPLICATION FOR PRACTISING CERTIFICATE

1. Wambugu Kariuki

8. Milly Elizabeth Anyango Odongo

10. Maureen P Agutu usuf

pplications 19 to 21 were deferred.

2. Hosea Mwangi Nganga 3. Anthony Munene Gitonga 4. Edwin Wangwe Waudo 5. Stephen Kilakoi Pareno 6. Jane Wambui Kamangu 7. Boniface Mahiri

9. Sospeter Nyongesa

11. Hussein Mohamed Y12. Rose Wangui Kimotho 13. Caroline Nyawira Karugu 14. Isaac Kipkosgei Bungei 15. Eliakim Mbata Owala 16. Onesmus Kipkorir Towett 17. Aggrey Odiwuor Kenyatta18. Evans Getenga Motende 19. George Gaylord Egunza 20. Nancy Mukonyo Kilonzo 21. Julius Makori Okioma

Applications 1 to 18 were approved. A

COUNCIL DECISIONS TAKEN ON 12TH JULY 2010

APPLICATION FOR APPOINTMENT AS NOTARY PUBLIC

1. Della Nyamunya Mwihaki 2. Mohamed Bulle Ahmed 3. Onuonga Makori 4. Caroline Jemutai Kiboss 5. Kimani Antony Gitau 6. Miriam Waithira Kamonde 7. Nuthu Kiai Martin 8. John Kinyanjui Theuri 9. Dola Athanas Indidis 10. Michael Otieno Ogutu 11. Kennedy Ochieng Omolo

Applications no. 1 to 10 were approved, application no.11 was deferred.

APPLICATION FOR APPOINTMENT AS COMMISSIONER FOR OATHS

1. Njiru Eddie Migwi 2. John Kiumi Wambugu 3. Titi Julius Ayiera 4. Charles Kimathi 5. Edwin Wawire Wafula

6. Daphine Kemunto 7. Mwakha Swaka John 8. Kimani Antony Gitau 9. Andrew Githanji Mungai 10. Micah Nyolei 11. Kassim Sifuma

13. Wilson Kipngetich Kigen

15. Charles Githitu

ningilo angi

tanui

oved, applications no. 16 to 19 were deferred.

12. Daljit Kaur Chetan Solanki

14. Wahome Winnie Wambui

16. Mulinga Mbaluka 17. John Walubengo Wa18. Margaret Wangui Mw19. Elizabeth Chep

Applications no. 1 to 15 were appr

APPLICATION FOR PRACTISING CERTIFICATE

1. Lilian Sogo Ochieng 2. Petrolina Chepkwony 3. Roselyne Adoyo Ragama

e

ia

10. Okuta Antonina Atieno

s

. Applications 18 & 19 were deferred.

4. Jacqueline Mumoki Tindi 5. Gituma Charity Naitor6. June A. K. Gachui 7. Musanga Adelaide Muches8. Peter Waititu Macharia 9. Lewis Kamanga Gatheru

11. Odundo Lawrence Nyandwat 12. Joan Ndinda Mulinge 13. Hilda Marigu Njeru 14. Ongaga Andrew J Mandi 15. Ondieki Geoffrey Ayuka 16. Lucy Masua Wavinya 17. Stephen Ndichu Karago 18. Towett Kipkorir Onesmu19. Julius Musyoki

Applications 1 to 17 were approved

SELECTED NOTICES FROM THE KENYA GAZETTE

GAZETTE NOTICE NO. 7741

nferred by section 47 of Chief Justice appoints-

ULUSTA

urposes of that 10.

J. E. GICHERU

Chief Justice.

THE LAW OF SUCCESSION ACT (Cap. 160)

APPOINTMENT

IN EXERCISE of the powers cothe Law of Succession Act, the

CHARLES OB

to present the High Court for the psection with effect from 1st July, 20

Dated the 24th June, 2010.


INCREASE OF LIMIT OF JURISDICTION

IN EXERCISE of the powers conferred by section 5(1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of –

LOIS C. KOMINGOI

Principal Magistrate, to Kenya shillings one million (KSh.1, 000,000), with effect from 1st July, 2010.

Dated the 23rd June, 2010. J. E. GICHERU

Chief Justice

THE MAGISTRATES’ COURTS ACT(Cap. 10)


RTS ACT(Cap. 10)

ISDICTION

nferred by section 5(1) of he Chief Justice increases

OUR

illings one million rom 1st July, 2010.

J. E. GICHERU

Chief Justice

THE MAGISTRATES’ COU

INCREASE OF LIMIT OF JUR

IN EXERCISE of the powers cothe Magistrates’ Courts Act, tthe limit of jurisdiction of –

GODFREY OD

Principal Magistrate, to Kenya sh(KSh.1, 000,000), with effect f

Dated the 23rd June, 2010.


THE MAGISTRATES’ COURT ACT(Cap. 10)


IN EXERCISE of the powers conferred by section 5(1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of jurisdiction of –

CELESA ASIS OKORE

Resident Magistrate, to Kenya shillings five hundred thousand (KSh 500,000), with effect from 1st July, 2010.

Dated the 23rd June, 2010. J. E. GICHERU

Chief Justice


APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chief Justice appoints-

ANTONY K. MWICIGI

Resident Magistrate at Nairobi, to preside over cases involving children in respect of Nairobi Province, with effect from 1st September, 2010.

Dated the 24th August, 2010 J. E. GICHERU

Chief Justice

(No. 8 of the 2001)


(No. 8 of the 2001)

APPOINTMENT

IN EXERCISE of the powers conferred by section 73 (d) (ii) of the Children Act, 2001, the Chief Justice appoints-

CAROLYNE OCHARO

Senior Resident Magistrate at Nairobi, to preside over cases involving children in respect of Nairobi Province, with effect from 1st September, 2010.

Dated the 24th August, 2010 J. E. GICHERU

Chief Justice






IN EXERCIthe Magistrates’ Courts Act, the Chief Justice increases the limit of

Principal Magistra one million (KSh 1,000,000), w ptember, 2010.

SE of the powers conferred by section 5(1) of

jurisdiction of –

RICHARD ODENYO

te, to Kenya shillingsith effect from 1st Se

Dated the 16th August, 2010. J. E. GICHERU

Chief Justice


IN EXERCISE of the powers conferred by section 5(1) of the Magistrates’ Courts Act, the Chief Justice increases the limit of

Prin(KSh .

Chief Justice

jurisdiction of –

PETER M. MULWA

cipal Magistrate, to Kenya shillings one million 1,000,000), with effect from 1st September, 2010

Dated the 16th August, 2010. J. E. GICHERU

NOTICES

1. J. A. GUSERWA & CO. ADVOCATES Me .

ated is

3 P.O Box

2. KIRUTI & CO. ADVOCATES Mem TI & CO.

446 Fax: 386

3. NYAMU & NYAMU CO. ADVMembers are hereby notified that NYAMU & NY ed their postal addresfollows:

Nyamu & Ny

Their physical address rem e as

4. NJOGU & NGUGI ADVOCATES

mbers are hereby notified that J. AGUSERWA & CO. ADVOCATES have reloctheir chambers and their new physical addressas follows:

J. A. Guserwa & Co. Advocates Fifth Avenue Office Suites, 2nd Floor, Suite No.

8384-00200 Nairobi. Tel: 2712070, 2712071 Fax: 2712072 Email: judithguserwa(at)yahoo.com

bers are hereby notified that KIRUADVOCATES have relocated their offices and their new address is as follows:

Kiruti & Co. Advocates Concert House, Wood Garden-Wood Avenue, Kilimani- Nairobi Tel: 3862322/6, 8086

2320

OACTES

AMU CO. ADVOACTES have changs. The new postal address is as

amu Co. AdvocatesP.O Box 75928-00200 Nairobi

ains the samfollows;

ST. Ellis House, 6th floor, Wabera Street.

Members are hereby notified that NGUGI ADV eir offices and hone numbers a

Njogu & Ng

Nairobi

5. EBOSO & CO. ADVOCATES Members are hereby notified thaM ng Law un vocates has

EBOSO & CO. ADVOCATES. Further notice is

NJOGU & OCATES have relocated th

their new physical address and telepre as follows;

ugi Advocates House No. 4, Pollock Court, Westlands Road, Off Mpaka Road P.O Box 46906-00100

Tel: 3749230, 2675228, 2661363 Fax: 3749230 E-mail: [email protected]

t Bernard weresa Eboso who has been practicider the name Eboso & Wandago Ad

reverted to his previous Law practice name of

6. KIMONDO MUBEA & CO. ADVOCATES Members are hereby notified that MUBEA & CO. ADVOCATES have relocated and thei

KIMONDO

r new address is as follows;

Kimondo Mubea & Co. Advocates

given that effective from 1st August 2010, EBOSO

or, Standard Street P.O Box

& CO. ADVOCATES address will be as follows;

EBOSO & CO. ADVOCATES Bruce House, 7th Flo

41171-00100 Nairobi Tel: 313667, 2229404 Fax: 313635 E-mail: [email protected]

Kimathi House, 1st floor, opp The New Stanley Hotel, Kimathi Street P.O Box 40002-00100 Nairobi. Tel: 2247111, 2251405 Fax: 2249

VACANCY ANNOUNCEMENT

142 E-mail: [email protected]

1. Job Title: PROGRAM OFFICER – COMPLIANCE AND ETHICS

Qualifications and Skills • LL.B degree and should posses a curre cate; • A minimum of 5 years working experie to the Roll of Advocates; Proof of experience in a similar position, demonstrated leadership ability and middle level management

experience; e common in the

enviro• d collaborate wit• , self onal

• rong knowledge of current legal and deve pment issues; • Experience in planning, administration and monitoring of programs; • nd judicial system; • e functions and organizat• rofessional ethics and person• riting, oral presentation and orga• inimum supervision

• 2

Description of the Main Tasks

• Assist th y in charge of all aspects of compliance by members of the society including the h laints against advocates, the enforcement of ethical and statutory requirements of advocates.

nt practicing certifince post-admission

•

• A demonstrated ability to deal effectively with thfast- paced, high pressure organizational

e complex, difficult situations that arnment;

Ability to identify priority activities an The candidate must be a hard working, dynamic

skills; Possess st

h others to achieve results; motivated individual with excellent interpers

lo

Excellent knowledge of the legal a Excellent understanding of th ion of the Law Society;

al integrity; Possess a high degree of p Excellent analytical, w Ability to work with m

nizational skills

e Deputy Secretarandling of comp

• L Commission and the ethics committee of the Society. •

• C me ideas ctives a

• M n of program• Preparation and production of timely programme reports; • Preparation of fund raising proposals; • Manage the Disciplinary Database

2. Jo FFICER – CONTINUING LEG

Qualific d Skills

• LL.B degree and should posses a current practicing cer• post-admiss Roll of Advocates; •

iaison with the Advocates ComplaintsHigh quality and objective legal and policy research and ana

• Implementation and operationalisation of thelysis;

Society’s Strategic Plan; onceptualization and development of programnd the Strategic Plan; anagement, coordination and implementatio

in tandem with the Society’s, mandate, obje

me activities;

b Title: PROGRAM O AL EDUCATION

ations an

tificate; A minimum of 5 years working experience

Middle level management experience; ion to the

• nt communication, analytical skills and Comput• Flexibility to travel on short notice; • Ability to identify priority activities and collaborate with oth e results; • ust be a hard working, dynamic, self onal

• of current legal and development issues; istration and mo

and judicial sy• organizat• person• ganizat

222


• M ent the Continuing Legal E tivities and events; • Coordina ttee; • I ice issues; • A he organization’s strategic• P ; • C me ideas in tandem iety’s mandate, objectives and the

S• Prepare and produce timely programme reports; • Implement Society’s Strategic plan.

. Job Title: RESEARCH ASSISTANT

LL.B degree and should posses a current practicing certificate; st-admission to the Roll of Advocates;

l and report writing;

• Capacity to develop and sustain functional networks of organizations and stakeholders;

derstanding of the functions and organization of the Law Society;

evelop appropriate, timely and

merging legal issues;

Excelle er skills;

ers to achiev The candidate m motivated individual with excellent interpers

skills; Possess strong knowledge

• Experience in planning, admin•

nitoring of programs; Excellent knowledge of the Kenyan legal

Excellent understanding of the functions and Possess a high degree of professional ethics and Excellent analytical, writing, oral presentation and or

stems; ion of the Society; al integrity;

ional skills

anage, coordinate and implem ducation Programme, acte the Continuing Legal Education Commi

nitiate programmes that address the practssist in the implementation of t plan; repare Project fundraising proposalsonceptualize and develop program with the Soctrategic Plan;

3

Qualifications and Skills

•• A minimum of 5 years working experience po• Experience in proposa• Demonstrable understanding of research and analytical skills; • Demonstrable experience in project cycle; • Technologically proficient in MS Office and analytical packages. • Excellent un• Possess a high degree of professional ethics and personal integrity; • The candidate must be a hard working, dynamic, self motivated individual with excellent interpersonal

skills;


• Research, monitor and analyze emerging legal issues with a view to drelevant interventions and responses;

• Developing position papers and policy briefs on emerging legal issues;• Conceptualize, design and implement strategies to respond to e• Lead and organize issue-based interventions; • Engage relevant stakeholders in policy and legal reform; • Preparation of fund raising proposals; • Any other tasks as assigned, from time to time, by the supervisor.

If you meet the requirement of any of the positions, submit application complete with, copies of certificates, ls and CV outlining qualifications, experience, present position, current remuneration, expected

n, daytime telephone contact, e-mail address, names and addresses of three referees. testimoniaremuneratio

Applicants should send a cover letter attaching a current C.V., photocopies of certificates, current telephone/mobile numbers, names & addresses of three (3) referees and a statement of expected gross salary before end of the day, October 8th, 2010 to: -

THE SECRETARY/CEO

LAW SOCIETY OF KENYA

Lavington, Opp. Valley Arcade, Gitanga Road

P. O. Box 72219-00200

NAIROBI

Those who had applied need not reapply. Only candidates who fulfill the above requirements will be contacted.

ABA NEWS

BOARD MEMBERS

ement elections during the past Annual General Meeting following is the new

mes Mrs.

udents to the Advocates application

e able to demonstrate financial need.

Have holding over Firm to practice in after the course before admission to the bar.

• Show evidence for upkeep (food, transport, health insurance, books) during the course.

rm.

Following the Board of Managof Board of Management;

• Njeri Kariuki (Mrs.) - Chairperson • Peter W. B. Walker- Board Member • Steven R. Adere- Board Member • Virginia W. Shaw (Mrs.) - Board Member

The Board thanks Mr. Nigel H. Shaw of his selfless work for the Board of Management and welcoVirginia W. Shaw to the Board.

SCHOLARSHIP

The Advocates’ Benevolent Association is awarding sponsorship to needy stTraining Programme at the Kenya School of Law. Below is the criterion for

• Been enrolled to Kenya School of Law

• B

•

• Submit an Application Fo• Must sign a Release form giving the Advocates’ Benevolent Association permission to obtain your

transcripts.

For further inquiries contact the program officer on [email protected]

alindi.

OBITUARY

Stephen Omondi Ogonya, 24th July, 2010, M

ThisTele

Newsletter is published by the Secretariat of the Law Society of Kenya, Gitanga Road, Lavington P.O. Box 72219, Nairobi, phone: 3874664, 0720-904983 Fax 3875534 E-mail [email protected]. The Newsletter is not for sale. The information published is

of Kenya to which it is addressed and may contain confidential and/or privileged n or other use of, or taking of any action in reliance upon this information by

nded recipients is prohibited. Although the Newsletter is a reflection of the activities of the and the decisions of Council of the Law

intended only for the members of the Law Societymaterial. Any review, retransmission, disseminatiopersons or entities other than the inteLaw Society of Kenya, it is not necessarily an authoritative source of the deliberations Society of Kenya.

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