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National Council for Law Reporting

Annual Report
NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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TABLE OF CONTENT
1.
ORGANIZATIONAL PROFILE 1
1.1 Organizational Profile 1
1.2 Organizational Mandate 1
2.
STATEMENT FROM THE CHAIRMAN 2
3.
EDITOR’S NOTE 3
4.
MEMBERS OF THE COUNCIL 4
5.
KENYA LAW MANAGEMENT TEAM 7
6.
STATEMENENT OF COUNCIL MEMBER RESPONSIBILITIES 11
7.
CORPORATE GOVERNANCE STATEMENT 12
8. PERFORMANCE REVIEW/ OPERATIONAL HIGHLIGHTS FY 2016/2017 13
8.1 PROVISION OF PUBLIC LEGAL INFORMATION 13
8.1.1 Publication of the Kenya Law Reports 13
8.1.1.1 Print Publications of the KLR 13
8.1.1.2 Online Publication of the KLR 13
8.1.2 Publication of Specialized Law Reporting Publications 14
8.1.3 Publication of the Laws of Kenya 14
8.1.3.1 Print Publication of the Laws of Kenya and Service Issues 14
8.1.3.2 Online Publication of the Laws of Kenya 14
8.1.3.3 Publication of Specialized Laws of Kenya 15
8.1.3.4 Online Publication of County Legislation 15
8.1.3.5 Online Publication of Treaties, Agreements and EAC legislation 15
8.1.4 Publication of the Kenya Law Review Journal 15
8.1.5 Publication of the Bench Bulletin 15
8.1.6 Publication of Specialized Digests 16
8.1.7 Preparation of Report on Kenya’s Emerging Jurisprudence 16
8.1.8 Monitoring Law Reform Issues 16
8.1.9 Collation and Archival of Public Legal Information 16
8.1.9.1 Digitization of public legal information 16
8.1.10 Establishment of Strategic Partnerships 16
8.1.10.1 Kenyatta University 16
8.1.10.2 University of Nairobi 17
8.1.10.3 Kenya Revenue Authority 17
8.1.10.4 National Police Service 17
8.1.10.5 Law Society of Kenya 17

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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8.2 POLICY AND LEGAL FRAMEWORK 17


8.2.1 Development, Review and Implementation of Kenya Law Policies 17
8.2.2 Enhancing Good Corporate Governance 17
8.2.3 Implementation of Quality Management System 17
8.2.4 Implementation of Organization Performance Management 18
8.2.5 Review of Legal Commitments 18
8.2.6 Enhanced Audit and Risk Framework 18
8.2.6.1 Internal Control 18
8.2.6.2 Internal Assurance 18
8.2.6.3 The Audit and Risk Management Committee 19
8.3 INSTITUTIONAL DEVELOPMENT 19
8.3.1 Organizational Learning, Development and Capacity Building 19
8.3.2 Employee Reward and Recognition Scheme 19
8.3.3 Implementation of the Organisational Structure 20
8.3.3.1Human Resource Management 20
8.3.3.2 Human Resource Compensation, Welfare and Benefits 20
8.3.4 Strengthening Kenya Law’s ICT capacity 21
8.3.4.1 Website Analytics 21
8.3.4.2 Systems Development 22
8.4 BRANDING, VISIBILITY AND CORPORATE IMAGE 22
8.4.1 Branding & Corporate Image 22
8.4.4.1 Advertisements 22
8.4.4.2 Direct Marketing at Events 22
8.4.4.3 Distribution of Free Legal Publications 23
8.4.4.4 Online Brand Visibility 23
8.4.2 Corporate Social Responsibility 24
8.4.2.1 Missionaries Of Charity (Mother Teresa), Lang’ata 24
8.4.2.3 The Standard Chartered Marathon 24
8.4.3 Marketing Partnerships 25
8.4.3.1 Kenya Law exhibits at the 2016 Nairobi international trade fair 25
8.4.3.2 Law Society of Kenya (LSK) 27
8.4.3.3 Nairobi Centre of International Arbitration 28
8.4.3.4 Kenyatta University School of Law 28
8.4.4 Customer Satisfaction Survey 28
8.4.5 Sales Report for Financial Year 2016-2017 29

9.
AUDITED FINANCIAL STATEMENTS 30
i) Statement Of Financial Performance 34
ii) Statement Of Financial Position 35

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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iii) Statement Of Changes In Net Assets For The Year Ended 30 June 2017 36
iv) Statement Of Cash Flows for The Year Ended 30 June 2017 37
v) Statement Of Comparison Of Budget And Actual Amounts 38
Notes To The Financial Statements 40
Workings On Notes To The Financial Statements 45
10. CHALLENGES AND RISKS IN THE FINANCIAL YEAR 2016/2017 57
11. ORGANIZATIONAL OUTLOOK FOR THE FINANCIAL YEAR 2017/2018 58
12.
KENYA LAW STAFF 62

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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1. ORGANIZATIONAL PROFILE
1.1 Organizational Profile
Organization: The National Council for Law Reporting (Kenya Law)
Organization type: Semi-autonomous government agency (SAGA) State Corporation
Parent Act: The National Council for Law Reporting Act, Act No. 11 of 1994.

Parent Ministry: The Judiciary


State Corporation Ranking and Classification: Service State Corporation, PC3C
Organizational Structure: Board of Directors with Secretariat managed by a Chief Executive Officer

Flagship Brand Name: Kenya Law


Address of principal office and contacts:
ACK Garden Annex, 1st Ngong Avenue, Off Ngong Road
P.O. Box 10443-00100, Tel (+254 020) 2712 767, Fax (+254 020) 2712 694
NAIROBI – KENYA
Email: info@kenyalaw.org. Facebook Group: myKenyaLaw, Twitter: @myKenyaLaw
YouTube: www.youtube.com/mykenyalaw
Website: www.kenyalaw.org
1.2 ORGANIZATIONAL MANADATE
Mandate and Functions
1. Source of Mandate:
a) National Council for Law Reporting Act (Act No. 11 of 1994)
b) Legal Notice No. 29 of 2009
2. Mandate
a) To Publish the Kenya Law Reports and related publications;
b) To revise, consolidate and publish the Laws of Kenya;
c) To perform such other functions as may be conferred by statute.
Vision
“Accessible Public Legal Information towards an Enlightened Society”
Mission
“To Provide Universal Access to Public Legal Information by Monitoring and Reporting on the
Development of Jurisprudence for the Promotion of the Rule of Law”
Core values
The guiding principles in the operations of the Council are:
a) Integrity;
b) Accountability;
c) Reliability;
d) Professionalism
e) Innovation;
f) Citizen/ Customer Focus
Slogan
Where legal information is public knowledge

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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2. STATEMENT FROM THE CHAIRMAN


The mandate of the National Council for Law Reporting (Kenya Law) is outlined in the National Council
for Law Reporting Act as: the preparation and publication of the reports known as the Kenya Law
Reports, which shall contain judgments, rulings and opinions of the superior courts of record; undertake
such other publications as in the opinion of the Council are reasonably related to the preparation and
publication of the Kenya Law Reports; and perform any other functions conferred on the Council by or
under the provisions of any other written law. In addition to this, the Hon. Attorney General delegated the
powers of law revision conferred on him by the Revision of Laws Act (Cap. 1) to Kenya Law by virtue of
Legal Notice No. 29 of 2009.
The core functions of Kenya Law are therefore to publish the Kenya Law Reports and related publications
and to revise, update and publish the Laws of Kenya.
Towards the achievement of this twin mandate Kenya Law in its Strategic Plan 2013-2017 set out four
key result areas, which would be the road map for the provision of its services. These areas are:
1. Provision of Public legal information
2. Policy and legal framework
3. Institutional Development
4. Branding, Visibility and Corporate Image
Kenya Law is privileged to publish the 2016/2017 Annual Report detailing the strategic objectives and
performance highlights for this period. This annual report documents the various initiatives undertaken
towards the attainment of our twin mandate of law reporting and revision of laws so as to have an
enlightened society. This is in keeping with our mission to provide universal access to Kenya’s public
legal information for the promotion of the rule of law. This has been largely done through: the preparation
of law reports and related publications, legal research, revision and timely amendment of County and
National laws, legal awareness through public interactions, stakeholder engagements and provision of
information and advice to the public.
In keeping with its commitment towards enhancement of a robust, facilitative policy and legal framework,
Kenya Law consistently endeavors to ensure that all its policies and procedures are reviewed and
updated. Among those that were presented to the Council for ratification, in the period under review, were
the Kenya Law ICT Policy and the Kenya Law Finance Policy and Procedures Manual.
In the year under review, the organization committed itself to specific, measurable, attainable and
realistic goals by signing a Performance Management and Measurement understanding (PMMU) with the
Judiciary.  The PMMU was geared towards enhancing the organizations performance and effectiveness.
For the third consecutive year, Kenya Law’s performance was exemplary and the organization was
recognized as the best performing State Corporation within the Judiciary.
None of these achievements outlined in this report would have been possible without the innovation,
resourcefulness, commitment and hard work of the Council, staff, partners, and other stakeholders. In this
regard, and on behalf of the Council of Kenya Law, I would like to expresses gratitude to the management
and the entire Kenya Law team for work well done. I would also like to acknowledge the commitment of
all Council members for facilitating the smooth operations of the organization in the period under review.
In conclusion, we express our gratitude for the honor granted to us in service to the people of the great
Nation of Kenya in various capacities at Kenya Law. While we celebrate the work that we have done
so far, we understand that the needs and expectations of the people are ever changing and increasing
and that it is our responsibility to keep satisfying and even exceeding those expectations. We remain
committed to achieving our mandate in an accountable and result-oriented manner in order to realize the
constitutional aspirations and Kenya Vision 2030’s Social, Economic and Political development goals.

CHAIRMAN

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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3. EDITOR’S NOTE

This is the final Annual Report for the period covered under our Strategic Plan for 2013 -2017. The
formulation of the plan was informed by the Constitution of Kenya, 2010; Kenya’s Vision 2030 and the
Judiciary Transformation Framework and Strategic Plan for the same period. Along the way we have also
incorporated other fundamental framework documents such as the Sustained Judiciary Transformation
blueprint.

Consistently throughout the lifespan of this strategic plan, Kenya Law has experienced a steady
improvement in resource provision, with the institutional grant from the Exchequer being Kenya Shillings
Three Hundred and twenty million (Kshs. 320,000,000) in the financial year under review. This has
advantageously positioned Kenya Law  in the implementation of the activities outlined in the Strategic
Plan. This allocation was complemented by development partner support from the Judiciary Performance
Improvement Programme (JPIP) who supported us in this period.

Towards its mandate Kenya Law was able to prepare several publications among them; Kenya Law
Reports 2012 Vol 1, 2 and 3, Kenya Law Reports 2014 Vol 1, Bench Bulletins (Issues 33-36), pocket
size compilation of two statues, namely: Traffic Act (Cap. 403) and the National Transport and Safety
Authority Act (No. 33 of 2012). Kenya Law also printed amendments for; the Land Law Volume, the
Commercial Laws Volume and the Public Finance Laws Volume

Kenya Law also enhanced the provision of a facilitative environment for the discharge of it’s a mandate in
various ways. We renewed restocked our ICT hardware and software and purchased ergonomic furniture
for staff. We also acquired an additional motor vehicle to ease movement for staff.

Kenya Law appreciates that the discharge of its mandate requires unique skill sets. In this regard
the organization commenced a review of the training needs of all staff in the organization. The
recommendations from the Training Needs Analysis shall inform and guide the organization in
organizational training and development for the foreseeable future and ensure the prioritization of skills
development in the core mandate.

Of note in this year were the improvements we have made in our online platforms. We were able to
customize and deploy an open-source solution for building and sharing document collections called
UwaziDocs. This document sharing system shall enable us to more efficiently store and share scanned
documents especially our recently acquired data sets, that is, Tribunal Reports, Vote, Petitions and
Proceedings, Committee Reports, Commission Reports, Reports of Commissions of Inquiry and Task-
force Reports.

As we begin the implementation of the next strategic plan 2018-2023, we at Kenya Law remain committed
to a serving the Kenya citizenry and to achieving our mandate in the most expeditious way possible.
Through the effective implementation of the programmes and the innovative re-engineering of our
business process, we shall indeed make Kenya’s legal information available to all.

CEO/ EDITOR

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4. MEMBERS OF THE COUNCIL

Date of Birth – 1951 Date of appointment - 2016


Qualifications:
• LLM University of Nairobi
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Judiciary Committee on Elections (JCE) in 2015
• Chairman the Kenya Judiciary Working Committee on Election Preparations (JWCEP) in
2012
• Presiding Judge of the Court of Appeal in Kisumu
• High Court Judge in 2003

Hon. Justice David Kenani Maraga, Chief Justice,


President of the Supreme Court of Kenya, Chairman of the National Council for Law Reporting

Date of Birth – 1960 Date of appointment - 2013


Qualifications:
• PHD University o Nairobi
• LLM University of Colombia
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Lecturer University of Nairobi
• Partner Mohammed Muigai & Co. Advocates

Prof. Githu Muigai, Attorney General


State Law Office & Department of Justice

Date of Birth – 1958 Date of appointment -2016


Qualifications:
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Judge, Court of Appeal
• High Court Judge
• Director- Kenya Anti-Corruption Commission

Hon. Justice Fatuma Sichale


Judge of the court of Appeal

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Date of Birth – 1971 Date of appointment - 2016


Qualifications:
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Judge, High Court, Nakuru
• Chief Magistrate
• State Counsel, at the Attorney General’s office

Hon. Justice Anthony Ndung’u


Judge High Court Nakuru

Date of Birth – 1972 Date of appointment -2016


Qualifications:
• Fellow UK higher Education Academy
• PHD University of Wolverhampton
• LLM Staffordshire University
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
• Certified Public Secretary
Experience:
• Associate Dean, University of Nairobi
• Chairman, Transport Licensing Board.
• Vice Chancellor, Riara University

Prof. Kiarie Mwaura


Dean School of Law, University of Nairobi

Date of Birth – 1984 Date of appointment -2016


Qualifications:
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Advocate of the High Court
• State Counsel, Office of the Attorney General & Department of Justice

Ms. Jennifer Gitiri


Office of the Attorney General & Department of Justice in Kenya

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Date of Birth – 1975 Date of appointment -2014


Qualifications:
• BA Communication (Publishing)
• Diploma in Printing technology
Experience:
• Senior printer at the Government press
• Quality Management representative

Ms. Eva Kimeiywo


Representing Mr. Sylvester Migwi, Government Printer.

Date of Birth – 1983 Date of appointment -2015


Qualifications:
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Partner Muchemi & Company advocates
• Member – Law Society of Kenya

Mr. Michael Muchemi


Advocate of the high court

Date of Birth – 1975 Date of appointment -2015


Qualifications:
• LLM University of Nairobi
• LLB University of Nairobi
• Diploma in Law Kenya School of Law
Experience:
• Partner at J.M Mutua & Company advocates
• Member- Law Society of Kenya

Ms. Janet Kimeu


Advocate of the high court

Date of Birth – 1978 Date of appointment -2014


Qualifications:
• LLM University of Durham
• LLB Bangalore University
• Diploma in Law Kenya School of Law
Experience:
• Editor/CEO – National Council for Law Reporting
• Senior State Counsel, Office of the Attorney General & Department of Justice

Mr. Longet Terer


CEO/Editor, NCLR

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5. KENYA LAW MANAGEMENT TEAM

Mr. Long’et Terer, CEO/Editor


• LLM, LLB
• Diploma in Law - Kenya School of Law
• Corporate Law, Change Management and Senior Management Certificate

Responsibilities
a. The Administration and Management of NCLR;
b. Coordinating with the Council to define the strategic priorities of the Council in order to
secure the successful achievement of its mandate (vision/mission);
c. Support the operations and administration of the Council by advising and informing
Council members and supporting Council’s performance evaluation;
d. Overseeing the implementation of decisions and resolutions and managing the corporate
governance relationship between the members of staff and the members of the Council

Monica Mellan Achode, Acting Deputy CEO/ Senior Assistant editor

• LLB, M.A, Gender and Development Studies


• Diploma in Law - Kenya School of Law
• SLDP - Kenya School of Government
• Policy and Legal Drafting
Responsibilities
a. To assist the Chief Executive/Editor in the development and implementation of the
Council’s Corporate Strategy.
b. To deputise the Chief Executive/Editor in exercising managerial oversight over three
core functions of the Council, namely, Law Reporting, Law Revision and Research and
Development.
c. To guide and work with the Departmental Managers in the implementation of the
corporate strategy

Mr. Cornelius Wekesa Lupao, Team Leader – Law Reporting


• LLB - UON
• Diploma in Law - Kenya School of Law
• SLDP - Kenya School of Government
• Policy and legislative Drafting
• Professional Training Program in the art of Advanced Trial Advocacy Skills
Responsibilities
a. Guiding the Law Reporting department internalizing the Council’s values and Strategic
Plan and in the fulfilment of the Department’s responsibilities under the Plan;
b. Co-ordinating the implementation of the Law Reporting Policy and Procedures Manual;
c. Undertaking the revision, consolidation and updating of the Kenya Law reports and co-
ordinating the preparation of all related publications

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Ms. Janette Lunyolo Watila, Team Leader - HR and Administration.


• MSC in Human Resource Management
• Bachelors in Business Administration (Management Option)
• Certificate in Strategic Planning
• Member of IHRM

Responsibilities
a. To ensure that the Council attracts and retains the optimum number of employees with
the required skills, expertise and competence
b. To guide and advise the CEO/Editor and other Managers to identify, train, mentor and
groom employees to progressively take up responsibilities;
c. To develop and implement a Human Resource Policies and Procedures Manual
d. To ensure compliance by the organization with the Constitution, all the laws, rules and
regulations governing employment and labour relations

Ms. Linda Achieng Awour, Team Leader - Research and Development


• LLB,LLM- UON
• Diploma in Law - Kenya School of Law
• SLDP - Kenya School of Government

Responsibilities
a. Reviewing and analysing legislation and conceptualizing and implementing publication
schemes and information products that enhance public access to Legal Information
b. Setting and documenting the standards for and sharing of best practices in organizational
research and development and legal publishing in Kenya and beyond
c. Co-ordinating in the planning, management, co-ordination and controlling the affairs of the
Department;
d. Partnering with other departments, stakeholders, development partners and such other entities for the
effective carrying out of the Organizations mandate and for improved access.

Mr. Pascal Othieno Oluoch, Team Leader - Finance


• MBA (Strategic Management)
• BBM (Accounting)
• CPA(K)

Responsibilities
a. Preparation of budgets, budgetary implementation and control;
b. Project financial appraisal and management, Revenue and expenditure management;
Payroll management
c. Financial reporting and analysis
d. Collation of financial estimates and preparation of cash flow forecasts, aggregate
expenditure and variance analysis.

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Ms.Wambui Kamau, Team Leader - Laws of Kenya


• LLB
• Diploma in Law - Kenya School of Law
• Professional qualifications in Organisational Performance Index (OPI)

Responsibilities
a. Guiding the Laws of Kenya department internalizing the Council’s values and Strategic
Plan and in the fulfillment of the Department’s responsibilities under the Plan;
b. Co-ordinating the implementation of the Law Revision Policy and Procedures Manual;
c. Keeping the Law Revision Policy, manuals and workflow processes continuously under
review and updated;
d. Undertaking the revision, consolidation and updating of the Laws of Kenya and co-
ordinating the preparation of all related publications

Ms. Emily A. Nakhungu, Team Leader - Sales Marketing Customer Care


• Bachelor of Arts in Communication and Media
• Organizational Performance Index
• Certificate in Customer Service Excellence

Responsibilities
a. Be involved in development and implementation of the department’s strategies and
initiatives in the Council;
b. Be responsible for developing and implementing the Customer Care Plan which will meet
the organizational goal of expanding the Council’s customer base;
c. Work with the Sales support teams to achieve customer satisfaction, revenue generation,
and long-term sales and marketing goals in line with the Department and Council’s
vision, mission and values;

Mr. Martin L. O Andago, Team Leader - ICT


• BSC Business Information Systems
• Linux system Essential Training
• Oracle Workforce Development Programme

Responsibilities
a. To support the organization in conceptualizing and application of creative, innovative,
appropriate, reliable and integrated technological solutions that enable the Council to
efficiently and effectively fulfill its mandate;
b. To support the organization in the application of world-class technology for law reporting,
legal publishing, legal research, law revision and knowledge;
c. To continuously transform and improve the operational efficiency of the Council by the
application of appropriate technologies;

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Ms. Edna Kuria Muthaura, Team Leader - SQUAPE


• LLB, MSc Organisational Development
• Diploma in Law - Kenya School of Law
• ISO Lead Auditor and Commissioner of Oaths
Responsibilities
a. Lead and manage the corporate affairs function of the Council and in-house legal counsel;
b. Formulate, document and implement good corporate governance practices;
c. Formulate and implement organizational performance management strategies
d. Formulate and implement of quality management system

Mr. Fredrick Buchanan O. Abea, Team Leader - Risk and Internal Audit
• BBM (Finance & Banking)
• CPA(K)
• Diploma in Accountancy - KNEC
Responsibilities
a. Performing audit procedures to verify that controls are operating.
b. Develop a flexible annual plan, using an appropriate risk based methodology and including
any risks or control concerns identified by Management, and submit the plan to the Audit
Committee for review and approval
c. Implement the approved audit plan including any special tasks and projects requested by
the Audit Committee, and Top Management

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6. STATEMENT OF COUNCIL MEMBER RESPONSIBILITIES


The National Council for Law Reporting Act; the Public Finance Management Act 2012, and the State
Corporations Act Cap 446 of the Laws of Kenya, require the Council to prepare financial statements
in respect of that institution, which give a true and fair view of the state of affairs of the Council at
the end of the financial year/period and the operating results of the Council for that year/period. The
Council Members are also required to ensure that the Council keeps proper accounting records, which
disclose with reasonable accuracy the financial position of the Council. The Council Members are also
responsible for safeguarding the assets of the Council.
The Council Members are responsible for the preparation and presentation of the Council’s financial
statements, which give a true and fair view of the state of affairs of the Council for and as at the end of
the financial year ended on June 30th 2017.
This responsibility includes:
i) Maintaining adequate financial management arrangements and ensuring that these continue to be
effective throughout the reporting period;
ii) Maintaining proper accounting records, which disclose with reasonable accuracy at any time the
financial position of the Council;
iii) Designing, implementing and maintaining internal controls relevant to the preparation and fair
presentation of the financial statements, and ensuring that they are free from material misstatements,
whether due to error or fraud;
iv) Safeguarding the assets of the Council;
v) Selecting and applying appropriate accounting policies; and
vi) Making accounting estimates that are reasonable in the circumstances.

The Council Members accept responsibility for the Council’s financial statements, which have been
prepared using appropriate accounting policies supported by reasonable and prudent judgements
and estimates, in conformity with International Public Sector Accounting Standards (IPSAS), and in
the manner required by the National Council for Law Reporting Act, Public Finance Management Act
and the State Corporations Act. The Council Members are of the opinion that the Council’s financial
statements give a true and fair view of the state of Council’s affairs during the financial year ended June
30th 2017, and of the Council’s financial position as at that date. The Council Members further confirm
the completeness of the accounting records maintained for the Council, which have been relied upon in
the preparation of the Council’s financial statements as well as the adequacy of the systems of internal
financial control. Nothing has come to the attention of the Council Members to indicate that the Council
will not remain a going concern for at least the next twelve months from the date of this statement.

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7. CORPORATE GOVERNANCE STATEMENT


The National Council for Law Reporting regards corporate governance as critical to the success of
the organization. Our approach to governance remains unchanged. It begins with the recognition that
governance is not simply a set of rules but the framework supporting core values, which define what is
and what is not acceptable. It is an expression of the way we want to conduct ourselves which informs
actions and decisions, whether or not there is a specific rule for the situation, and which supports the
culture and behaviours that we wish to foster.

Through our corporate governance framework, we have been able to ensure that commercial and
operational risks are identified and controlled; that there are strategies and plans in place to optimise
value over an appropriate time period and that a proper system of checks and balances is in place
without inhibiting the efficient running of the organization.

The operations of Kenya Law are therefore conducted in accordance with the best practices anchored in
principles of accountability and transparency as well as compliance with relevant laws and regulations.
In this context, the organization discharges its mandate based on strong corporate governance principles
through application of high and consistent ethical standards.

The Council has defined the organization’s strategies, objectives and values and has put in place
procedures and practices that ensure effective control over strategic, financial, operational and
compliance issues. The Council and Management have been able to work together to ensure that these
sound corporate governance practices have been implemented and that there is consistent evaluation
to of these standards and other policies and procedures for the benefit of the organization and its
stakeholders. These good corporate governance practices have ensured that there is an appropriate
distribution of roles between the Council and the management team and has also contributed towards
reducing risk and ensuring sustainable value creation.

The governance framework, the corporate culture and human relationships that underpin all governance
frameworks, are operating as expected. The roles and functions of the Chairman and the Editor/CEO
are distinct and their respective responsibilities clearly defined within the organization. The Council
comprises of ten (10) Council Members, nine (9) of whom are non-executive members of the Council
including the Chairman.

The Council has developed a Charter to guide its operations. It is intended to facilitate efficient decision
making of the Board in discharging its duties and responsibilities. The Council has also set up the
following Committees, which meet under well-defined terms of reference:
(a) Audit Committee
(b) Finance and General Purposes Committee
(c) Technical Committee
(d) Human Resources Committee

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8. PERFORMANCE REVIEW/ OPERATIONAL HIGHLIGHTS 2016-2017

Kenya Law’s strategic plan identified four thematic areas, which would enable the organization realize its
mandate and deliver value to its stakeholders. The four thematic areas are:
a) Provision of Public Legal Information
b) Policy and Legal Framework
c) Institutional Development
d) Branding, Visibility and Corporate Image
The following were the activities undertaken by the organization under each of these thematic areas:
8.1 PROVISION OF PUBLIC LEGAL INFORMATION
Kenya Law’s objective is to make legal information accessible to the public by ensuring access
to all of Kenya’s public legal information. In the period under review the organization undertook
the following initiatives to ensure that there was provision of public legal information:
8.1.1 Publication of the Kenya Law Reports
8.1.1.1 Print Publications of the KLR
The Kenya Law Reports are the flagship product of the organization, containing
judgements, rulings and opinions of the superior Court of record. The preparation
of the law reports is a process that has many steps involving the compilation of
decisions, preparation of manuscripts and the final approvals of these drafts.
Kenya Law printed the following law reports in the year under review:
a) The Kenya Law Reports 2012 Vol 1
b) The Kenya Law Reports 2012 Vol 2
c) The Kenya Law Reports 2012 Vol 3
d) The Kenya Law Reports 2014, volume 1
The organization was also involved in the preparation of the following law reports,
which were at different stages of the preparation process:
a) The Kenya Law Reports 2013 Vol 1
b) The Kenya Law Reports 2013 Vol 2
c) The Kenya Law Reports 2013 Vol 3
d) The Kenya Law Reports 1995 (a backlog publication)
e) The Kenya Law Reports 1996 (a backlog publication)
f) The Kenya Law Reports, Election Petition Series, Volume 6
g) The Kenya Law Reports, 2015 volume 1
h) The Kenya Law Reports, Devolution Law Report series, Volume 1
8.1.1.2 Online Publication of the KLR
The preparation of law reports is preceded by collection, processing and upload
of all judicial decisions from all courts of record in Kenya.
The Case Law database is updated on a daily basis through the uploading of all
collected judicial opinions from all superior courts of record. The uploading of the
judicial opinions is done within 48 hours of receipt. A total of 15, 212 decisions
delivered in the period under review were collected and uploaded online as shown
hereunder:
a) Supreme Court - 19
b) Court of Appeal - 782
c) High Court – 9,704
d) Employment & Labour Relations Court – 2,009

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e) Environment & Land Court – 2,412


f) East Africa Court of Justice - 18
In addition to the decisions from the superior courts of record, the organization collected
and uploaded online decisions from the following subordinate courts:
a) Kadhis Court - 7
b) Tribunals - 261 (Political Parties’ Disputes Tribunal, Cooperative Tribunal,
Transport Licensing Appeals Board and Industrial Property Tribunal)
8.1.2 Publication of Specialized Law Reporting Publications
The specialized Law Reports are a compilation of select, precedent setting judicial
decisions identified in a particular area of law and published in a law report. In the
year under review the organization published the Devolution Case Digest Vol 1 and the
Supreme Court Digests 2014 Volume 3.

8.1.3 Publication of the Laws of Kenya


Kenya Law prepared and printed the Grey Book, 2016 edition, which is a compilation of
statutes commonly used in the courts in the dispensation of justice.
8.1.3.1 Print Publication of the Laws of Kenya and Service Issues
Kenya Law also prepared various service issues: these are updates to the
legislation that have come into force after the publication of the laws of Kenya
volumes. The service issues printed were;
a) Land Law Volume service issues
b) Commercial Laws Volume service issues
c) Public Finance Laws Volume services issues
The publication of these services issues ensured that these three publications
were current and included amendments to these volumes up to the year 2016.
8.1.3.2 Online Publication of the Laws of Kenya
Kenya Law uploads legislative supplements as published in the Kenya Gazette
every Friday on the Kenya Law portal www.kenyalaw.org. The Laws of Kenya tab
on the portal provides a wide range of legal information, which include:
a) National and County Legislation both substantive and subsidiary legislation
b) Legal Notices
c) Recent Legislation
d) Amendment Acts
e) East African Community Legislation
f) Treaties
This wide spectrum was necessary so as to satisfy every need of the users
visiting our portal. In total, in the period under review, the organization published
59 new enactments on the website of which 23 were amendment Acts.

8.1.3.3 Publication of Specialized Laws of Kenya


The organization prepared and printed a pocket size publication comprising
of two acts, the Traffic act (cap 403) and the National Transport and Safety
Authority Act (No. 33 of 2012), whose purpose was to assist the National Police
Service Traffic Department have a quick reference book to help discharge their
core function. This publication was developed in collaboration with the National
Police Service.
Kenya Law collaborated with the Financial Reporting Centre to publish the

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Proceeds of Crime and Anti-Money Laundering Act (No.9 of 2009) and Prevention
of Terrorism Act (No.30 of 2012) into a specialized pocket size booklet.
8.1.3.4 Online Publication of County Legislation
County Legislation is part and parcel of the Laws of Kenya. Kenya Law has
created a dedicated database to host these legislations and continuously
collects, processes and uploads these pieces of legislation from the 47 counties
of the Republic. The county legislation database serves as an online resource for
the compilation and dissemination of the County Legislation.
In the period, the organization visited all the 47 counties to create awareness of
this important database and for capacity building on the importance of access to
legal information and citizen awareness of the laws being developed by County
governments. A total of One thousand and forty three (1,043) pieces of county
legislation were collected, processed and uploaded, consisting of 439 County
Acts, 574 County Bills and 30 County legal notices.
8.1.3.5 Online Publication of Treaties, Agreements and EAC legislation
Article 2(6) of the Constitution provides that treaties or conventions ratified
by Kenya shall form part of the Law of Kenya. The organization maintains
a repository of treaties which, has information of over 500 major multilateral
instruments deposited with the Secretary General of the United Nations, which
include those that Kenya is not necessarily a signatory to. These treaties cover
a wide range of subject matter such as Human Rights, Diplomatic relations,
Maritime, Refugee, etc.
Kenya Law in the financial year 2016/2017 held a number of consultative
meetings with State Law Office, Treaties department to facilitate the collection of
more treaties that Kenya has ratified and the upload of the same. Engagements
with the State Law office continue so as to allow the organization to continuously
receive and upload treaties to which Kenya is a signatory.
8.1.4 Publication of the Kenya Law Review Journal
The Kenya Law Review Journal is a publication that provides a forum for the scholarly
analysis of Kenyan law and interdisciplinary academic research on the law. The focus of
the Journal is on studies of the legal system and analyses contemporary legal issues with
particular emphasis on every article making a substantive contribution to understanding
some aspect of the country’s legal system. The organization published the Kenya Law
Review Journal Vol. 5 [No2, Dec 2016]. The publication featured articles from both the Bar
and the Bench. Some of the notable articles in this edition include an article on applying
article 73(2)(a) of the Constitution of Kenya, 2010 to elective positions in Kenya; and
one featuring the legal challenges and separation of Powers under Kenya’s Constitution
focusing on emerging relationship between the Legislature and the Judiciary.
8.1.5 Publication of the Bench Bulletin
The Bench Bulletin is a quarterly magazine containing recent developments in law,
particularly case law, new legislation in the form of Acts of Parliament, rules and
regulations, pending legislation contained in Bills tabled before Parliament and selected
Legal Notices and Gazette Notices. In the year 2016/2017, Kenya Law circulated over
4,500 copies of issues 32,33,34, 35 and 36 of the Bench bulletin magazine to various
stakeholders across the country thus ensuring the judicial officers and other stakeholders
were kept abreast, in a timely manner, of all the developments in the justice sector.

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8.1.6 Publication of specialized digests


The practice of law is increasingly becoming specialized as the legal environment
continues to develop and expand and there is a need to provide public legal information
that is specific to the various practice areas. During the period under review, Kenya Law
has published various digests on topical issues so as to ensure the dissemination of
legal information in a simplified easy to understand format. This initiative has created an
informed and empowered citizenry. Some of these publications include:
a) Constitutional Law case digest
b) Devolution digest
c) Election Petition digest
d) Preparation of the National Assembly Fact Sheets and Speakers Rulings
e) Preparation of the Wildlife Crimes Digest
8.1.7 Preparation of Report on Kenya’s Emerging Jurisprudence

Kenya Law seeks to provide universal access to public legal information by monitoring
and reporting on the development of jurisprudence for the promotion of the rule of law.
This it does by virtue of the doctrine of precedent, which is a juridical command to the
courts to respect decision already made in a given area of the law. In doing so, Kenya
Law usually comes across areas of difference in jurisprudential thought and analysis,
which needs to be brought to the specific attention of the Judges of the Superior Courts of
record. The organization prepared and forwarded to all judicial officers a compilation of
cases highlighting areas of the law where courts of concurrent jurisdiction have differed
judicially and lower courts would require guidance of higher courts in settling the matter.
8.1.8 Monitoring Law Reform Issues
Kenya Law contributes to legal and administrative reforms by tracking and reporting to
law reform institutions judicial opinions containing pertinent pronouncements to legal
and administrative reforms. Kenya Law prepared a compilation of law reform issues
raised by the courts in the judgments for each quarter of the year and forwarded the same
to the Office of the Attorney General and the Kenya Law Reform Commission.

8.1.9 Collation and Archival of Public Legal Information


8.1.9.1 Digitization of public legal information
Kenya Law seeks to enrich the Kenya Law website by providing public legal
information in a digital format. Kenya Law entered into an MOU with Digital Divide
Data to scan, archive and upload the Reports from Parliamentary Committees,
Votes Petitions and Proceedings and Reports from Commissions of Inquiry.
These were 230,000 pages of legal data that was currently not available except
in hard copy. This information was uploaded onto the Uwazi docs platform.
Kenya Law has also acquired and kept up to date all the relevant public legal
information including the Kenya Gazette, Legal Notices, Acts of Parliament, Bills
and Hansards.
8.1.10 Establishment of Strategic Partnerships
The organization continues to follow up on potential and existing partnerships with other
organizations to facilitate the execution of the organizational mandate. The partnerships
have been articulated through MoU’s developed by Kenya Law. MoU’s have been entered
into with:
8.1.10.1 Kenyatta University
Kenya Law entered into a partnership with Kenyatta University to support the

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All Kenyan Moot Court which is hosted by the university. Kenya Law provided
judges to the moot court as well tokens of appreciation (Kenya Law Reports) to
the winners.
8.1.10.2 University of Nairobi
Kenya Law and the University of Nairobi have had a long partnership. In this year
the organisations updated their mutual understanding through the signing of an
MoU that provides for the modalities for cross sharing of legal expertise as well
provision of internship opportunities for students.
8.1.10.3 Kenya Revenue Authority
Kenya Law and Kenya Revenue Authority commenced a partnership with the aim
of ensuring the collation and categorisation of decisions relating to tax disputes.
8.1.10.4 National Police Service
In the period under review, the Kenya Law forged a partnership with the Kenya
National Police Service to compile two acts namely; the Traffic Act Revised
edition 2013 and the National Transport and Safety Act revised edition 2014
(2012) into a pocket size booklet for use by the officers of the National Police
Service. National Police service is Government institution under the ministry
of internal security and coordination mandated maintain law and order in the
Republic of Kenya. Through this partnership, 1000 copies of this booklet were
produced.
8.1.10.5 Law Society of Kenya
Kenya Law and the Law Society of Kenya continued to partner to enhance
areas of common interest. This included provision of legal information to LSK
members and the enhancement of Kenya Laws brand and products at the LSK
conferences.

8.2 POLICY AND LEGAL FRAMEWORK


In the Financial Year 2016/2017 year, Kenya Law undertook the following activities to establish
a robust facilitative policy and legal framework for institution:
8.2.1 Development, Review and Implementation of Kenya Law Procedures and Policies
In the year under review, Kenya Law reviewed and implemented the following in-house
policies and procedures:
a) Kenya Law ICT Policy
b) Kenya Law Finance Policy and Procedures Manual
8.2.2 Enhancing Good Corporate Governance
The organization facilitated training for two Council members in the period. The training
was centred on Corporate Governance and was undertaken by the Centre for Corporate
Governance. The training was undertaken between 17th and 22nd August, 2016.
8.2.3 Implementation of Quality Management System
Kenya Law committed to undertake the development of a Quality Management System
within its Strategic Plan. The organization developed the Terms of Reference for a
consultant to work with Kenya Law toward the implementation of ISO 9001:2015 standards.
The consultancy is expected to be completed in the financial year 2017/2018 and will
culminate in Kenya Law being certified as being ISO 9001:2015 compliant organization.
In order to ensure that every member of staff is an active participant in the development
and implementation of the system, the organization facilitated the following:

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a) Internal Quality Audits


b) Undertake Management Review Meeting
The exercise of putting in place a Quality Management System will serve as a critical
input into the revision and finalization of the organizational Service Delivery Charter as
well as the organizational Service Level Agreements.
8.2.4 Implementation of Organization Performance Management
The Performance Management and Measurement Understanding (PMMU) between
Kenya Law and the Judiciary was developed and signed with the Chief Justice on 15th
April 2015. Implementation of PMMU targets was undertaken throughout the year. The
organization developed quarterly reports against the organization’s implementation, and
forwarded the reports to the Performance Monitoring Unit of the Judiciary. In the financial
year under review, Kenya Law was evaluated and awarded a score of “Very Good”. A draft
PMMU was developed and Kenya Law expects communication on the evaluation of the
previous PMMU as well as the negotiation of the next PMMU as per the calendar of the
Judiciary.
8.2.5 Review of Legal Commitments
The organization continues to develop and review organizational contracts, agreements
and MOU’s. In line with procurement proceedings, the organization develops contracts
for the provision of goods and services to Kenya Law. Kenya Law further maintains a
schedule of active contracts for use by the organization. Kenya Law continues to work
with the external panel of Legal service providers in dealing with any legal matter affecting
the organization.
8.2.6 Enhanced Audit and Risk Framework
In the year under review, Kenya Law developed the Annual Audit Work Plan for the financial
year 2016/2017 which was dully approved by the Audit & Risk Management Committee
and implemented. The 2016/2017 annual work plan for internal audit which was dully
approved by the Audit Committee included eight internal audit engagements consisting
of operational/system audits and financial audits.
Except for one systems audit, the internal audit activities planned for 2016/2017 were
completed and six internal audit reports were issued. One systems audit had to be
postponed to 2017/2018 due to the conflicting timing of the planned audit with the then
ongoing management action that could affect the nature and quality of the audit review.
Kenya Law continuously carries out post audit of the Council’s financial information
by examining and verifying all payments made by the Council. The review involves all
financial information relating to payroll transactions, supplier payments, accounts
receivables, staff imprest and procurement activities.
8.2.6.1 Internal Control
The Council has a collective responsibility for establishing appropriate systems
of internal control and for reviewing their efficiency and effectiveness. The system
of internal control in place has defined procedures with operational and financial
controls to ensure that the Council’s assets are safeguarded, transactions are
properly authorized and recorded accurately, and that any errors or irregularities
are either prevented or detected within reasonable time.
8.2.6.2 Internal Assurance
During the year, Kenya Law carried out internal assurance and reported to the
Audit and Risk Management Committee three times in the year under review.
Kenya Law was able to provide information that the Council’s operating
standards, policies, procedures and regulations as set out by the Council were

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being complied with. The Council recognizes the fact that any system of internal
control can only provide reasonable and not absolute assurance against material
misstatement.
8.2.6.3 The Audit and Risk Management Committee
The Council Charter established the Audit and Risk Management Committee
of the Board to provide oversight on the organization’s risk management
framework. The Committee’s main objective is to provide independent oversight
of the Council’s financial reporting and internal control systems, ensure checks
and balances and recommend appropriate remedial action regularly to ensure
quality, integrity and reliability of the organization’s financial reports and internal
control.
Kenya Law engaged with the Audit Committee three times during the year under
review to discuss the internal audit activities in line with the internal audit charter
and the audit work plan in order to facilitate the Committee in delivery of its
oversight role as delegated by the Council. Through its internal audit department,
Kenya Law continues to provide ad hoc advisory services to strengthen controls
and procedures, improve operational efficiency, and facilitate implementation
of audit recommendations. Kenya Law ensured sufficient budgetary resources
were allocated to conduct its activities in the 2016/2017 FY.

8.3 INSTITUTIONAL DEVELOPMENT


In the Financial Year 2016-2017, the organisation undertook the following activities to strengthen
the institutional capacities of the National Council for Law Reporting to enable it deliver its
institutional mandate.
8.3.1 Organizational Learning, Development and Capacity Building
During the financial year 2016/2017, Kenya Law embarked on the following objectives
a) The implementation of prioritized recommendations from the Training Needs
Assessment of staff members
b) The implementation of intervention programs to address the gaps and skills shortage
identified in the TNA
c) The monitoring and evaluation of intervention programs through annual performance
appraisals for year
Kenya Law facilitated forty- four (44) different trainings/conferences. Twenty-five staff
members were trained during the financial year 2016/2017making the total percentage
of staff trained 35%.
8.3.2 Employee Reward and Recognition Scheme
Kenya Law is committed to rewarding and recognizing exemplary performance,
creativity and innovation. It is the policy of Kenya Law to formally reward and recognize
employees who are innovative and have entrepreneurial skills - Employees who uses
their entrepreneurial skills to develop new products or processes for Kenya Law through
assertive risk-taking and innovation.
The following staff members received awards for their exemplary performance during the
FY 2016/2017:
a) Team Leader of the Year - Martin Andago, ICT department
b) Employee of the Year - Winnie Mbori, HR and Admin Department
c) 1st Runners up - Musa Okumu, Law Reporting Department
d) 2nd Runners up - Josephat Ratemo, Finance Department
e) 2nd Runners up - Joseph Asige, Sales Marketing and Customer Care Department
f) Innovator of the Year - Julie Mbijiwe, Laws of Kenya Department.

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g) Team of the year, ICT Department


Exemplary performance within each department were as follows:
a) Team player of the Year, Law Reporting Department Musa Okumu
b) Team player of the Year, HR and Admin Department - Winnie Mbori
c) Team player of the Year, ICT department - Kenneth Momanyi
d) Team player of the Year, Research and Development Department -Siphirah Gatimu
e) Team player of the Year, Laws of Kenya Department Julie Mbijiwe
f) Team Player of the Year, Sales Marketing and Customer Care Department - Joseph
Asige
g) Team Player of the Year, Finance Department - Josephat Ratemo.
8.3.3 Implementation of the Organisational Structure
8.3.3.1Human Resource Management
During the FY 2016/2017 the number of staff onboarded was thirteen (13). The
positions recruited were 100% on short term contract which comprised of 69%
pupils and 31% legal assistants. The table below outlines the positions of staff
recruited.

Position Recruited Number Recruited Percentage


Pupils 9 69%
Legal Assistants 4 31%
Total 13 100%
Four staff members were separated from the organization by resignation. Fifty
(50) percent were male and fifty (50) percent female.
Two staff members were promoted one from the Procurement unit and one from
the ICT department.
8.3.3.2 Human Resource Compensation, Welfare and Benefits
a) Welfare Programmes
The organisation coordinated and facilitated a responsive welfare and
benefit program. During the financial year 2016-2017 the following benefits
were procured:
i) The staff medical insurance scheme,
ii) Group life insurance cover and
iii) Group Accident cover.

b) Employee Sensitization Programs


The organization carried two employee sensitization workshops where
employees were sensitized on drugs and substance abuse and a health
talk was also carried out where employees were sensitized about HIV and
Aids. This aimed at creating awareness and providing relevant and critical
information to staff members. Kenya Law also championed the prevention of
HIV/AIDS through the provision of prophylactics in the washrooms.

c) Gender and Disability Mainstreaming


Kenya Law has ensured that gender and disability mainstreaming are
consideration during decision making as required by the Constitution of
Kenya, 2010. This initiative involves:

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i) Collection and maintenance of sex disaggregation data;


ii) Ensuring compliance level with 30% gender representation policy on
appointments, promotions and employment as per the Constitution of
Kenya, 2010;
iii) Enabling accessibility to ensure that persons with disabilities can access
all areas of the office premises;
iv) Conscious Recruitment and selections of Kenyans living with disability.
d) Employee Engagement
Staff meetings
Kenya Law held at least 12 staff meeitngs in the period where
staff and management were able to interact and discuss issues of
interest to the organisation. This monthly stafff meetings afforded
employees the chance to be appraised on the organisations
objectives and initiatives. Staff members were also granted an
opportunity to inform organisational decisions so as to ensure the
best interests of the organisation and its employees are catered
for.
Annual Staff Conference
Kenya Law held its 6th annual staff conference for the FY
2016/2017 on the 26th August 2016. The conference aimed at
tracking the progress that Kenya Law had made in achieving its
mandate in making public legal information accessible so as
to have an enlightened society for the benefit today and future
generations. The Chief guest for the conference was the former
Chief Justice and chair of the National Council for Law Reporting
Dr. Willy Mutunga. The event also served to bid farewell to Dr.
Mutunga for his distinguished service as the Chair of the National
Council for Law Reporting for the last five years. He expressed
confidence in the institution’s leadership and noted that very few
institutions have such a blend of experience, diversity, knowledge
and goodwill. The conference was also an opportunity for the
organization to recognize and reward various staff members for
their contributions in the year.
Team building retreat 2016
The Kenya Law annual staff retreat was held between September
21– 24, the purpose of the retreat was to encourage and reinforce
the culture of teamwork, achievement and peak performance.
Members of staff were inspired, willing to learn, excited and
attentive. It is hoped that the content of the team building will go a
long way in enhancing team work at Kenya Law.

8.3.4 Strengthening Kenya Law’s ICT capacity


8.3.4.1 Website Analytics
a) Case Law Database – Contains rulings and judgments from the Superior
Courts of record. 505,147 users viewed an average of 5,300,246 pages. The
average length of a session was 7 minutes 10 seconds.

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b) Laws of Kenya Database – Contains all the acts of Parliament and subsidiary
legislation. 197,608 users viewed an average of 1,139,030 pages. The
average length of a session was 3 minutes 19 seconds.
c) Kenya Law Blog – Contains various reading materials such as case
summaries from Kenya and other Commonwealth countries, conference
papers, speeches and Kenya Law News. 83,558 users viewed an average of
160,994 pages. The average length of a session was 1 minute 23 seconds.
d) Rest of Kenya Law Website – Contains assorted material such as Cause
Lists, Kenya Gazettes, Judicial Profiles, among others. 187,307 users viewed
an average of 926,529 pages. The average length of a session was 1 minute
22 seconds.
8.3.4.2 Systems Development
a) Case Law Database: The case search functionality on the current case law
database was optimized by moving from “Google search” to “solar search,”
which, optimized the response time from 30 seconds to 5 seconds. The
Law Reporting workflow process was also improved the by incorporating
two workflow processes that were initially offline.
b) UwaziDocs - Kenya Law customized and deployed UwaziDocs Document
Sharing System for internal resource and knowledge management.
UwaziDocs is an open-source solution for building and sharing document
collections.
Kenya Law needed a system to store and share scanned documents in
their possession namely Tribunal Reports, Vote, Petitions and Proceedings,
Committee Reports, Commission Reports, Reports of Commissions of
Inquiry and Task-force Reports.

8.4 BRANDING, VISIBILITY AND CORPORATE IMAGE


The organisation effectively integrated and coordinated various marketing initiatives in order
to elevate the Kenya Law brand and to promote the sales of the Kenya Law’s products. The
following initiatives were taken as part of the implementation of the Annual plan
8.4.1 Branding & Corporate Image
Through the implementation of the Kenya Law brand strategy, Kenya Law continues to
have consistent brand identity, with the official tagline “Where legal information is Public
Knowledge” that was communicated across all media; Print and Online.
8.4.4.1 Advertisements
In 2016/2017; Brand Visibility was promoted through the advertisements of
various products in the Quarterly Kenya Law Bench Bulletin, posters mounted in
various court stations in the 47 counties, on the website and the official Twitter
and Facebook pages.
In order to realize the strategic objective of strengthening the brand, creating
awareness and promoting sales, Kenya Law developed and mounted its posters
in various Court Stations across the country. The posters were mounted in over
20 counties.
8.4.4.2 Direct Marketing at events
Kenya Law participated in twenty (22) legal conferences and exhibitions in
Financial Year 2016-2017. The events created a good avenue for marketing
Kenya Law as the official Law Reporter in Kenya and as a focal institution in Law
reporting in Africa. The events included:

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a) The Law Society of Kenya (LSK) Annual Conference


b) LSK Continuous Legal Education (CLEs) in Nairobi, Machakos, Nakuru,
Homabay, Eldoret,
c) Nairobi International Trade fair
d) East African Law Society Annual Conference
e) The Nairobi Centre for International Arbitration Conference
f) Colloquium for State Counsels – Nairobi
g) Judiciary Open Days - Othaya, Nairobi and Thika
h) Judiciary Open Day – Nairobi
8.4.4.3 Distribution of Free Legal Publications
The Bench Bulletin
In the year 2016/2017, Kenya Law circulated over 4,500 copies of issues
32,33,34, 35 and 36 of the Bench bulletin magazine to various stakeholders
across the country.
The Bench Bulletin is a quarterly Kenya Law magazine containing recent
developments in law, particularly case law, new legislation in the form of Acts of
Parliament, rules and regulations, pending legislation contained in Bills tabled
before Parliament and selected Legal Notices and Gazette Notices.
The Constitution of Kenya 2010
In the year under review, Kenya Law distributed over 70,000 copies of Kenya
Law branded pocket size constitution to Schools, Universities, police stations,
various legal conferences, civil societies and the general public across Kenya.
This initiative was enabled by the Judicial Performance Improvement Project- a
World Bank funded project.
8.4.4.4 Online Brand Visibility
Twitter and Facebook
In the year under review Kenya Law maintained a very strong presence online
with a total of 31, 617 followers on twitter and 11,200 on Facebook.
Website
The Kenya Law website uses Google’s analytics engine for tracking traffic to the
website. For the period FY 2016/2017, the website had been visited by a total of
1,179,371 unique users who viewed a total of 9,032,731 pages.

  Kenya Gazette Kenya Law Blog Case Search Lo K Database Main Website Total

Users 205,751 83,558 505,147 197,608 187,307 1,179,371

PageViews 1,505,932 160,994 5,300,246 1,139,030 926,529 9,032,731

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8.4.2 Corporate Social Responsibility


Kenya Law is committed to care for the wellbeing others and of the environment; and
aligns its processes and products in order to attain positive social outcomes.
In 2016/2017 FY, Kenya Law participated in two corporate social Responsibility activities;

8.4.2.1 Missionaries Of Charity (Mother Teresa), Lang’ata


Kenya Law Welfare Committee visited the Missionaries of Charity Home -
Lang’ata for CSR in 2016/2017. Missionaries of Charity (Mother Teresa) are a
Roman Catholic Religious Congregation located in Langata. The Home is run by
missionary novices and other staff to take care of many handicapped adolescent
girls and women by providing boarding, special equipment such as wheelchairs
and training them in skills e.g. sewing, to prepare them for a means of livelihood
in future. Kenya Law made a donation of dry food stuff and adult diapers which
the Home had a huge need for. Members of staff also spent time with the girls
and encouraged them.
8.4.2.2 The Standard Chartered Marathon
Kenya Law employees took part at the 13th Edition of the Standard Chartered
Nairobi Marathon held on October 30, 2016. The objectives of the Standard
Chartered marathon is to raise funds for the needy through the “Seeing is
believing” community initiative. Kenya Law’s participation was inspired by its
quest to transform the lives of the disadvantaged in society.

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8.4.3 Marketing Partnerships .


In the year under review Kenya Law partnered with the following institutions that resulted
in the increased awareness of the Kenya Law brand.

8.4.3.1 Kenya Law exhibits at the 2016 Nairobi International Trade Fair
Kenya Law joined other exhibitors at the 14th Annual Nairobi International Trade
Fair (NITF) show held at Jamuhuri Park from 3rd-9th October 2016.
The 2016 NITF was themed “Enhancing Technology in Agriculture and Industry for
Food Security and National Growth” and was officially opened by his Excellency
the president Uhuru Kenyatta on 5th October 2016.
The 2016 NITF attracted more than 90 foreign exhibitors, more than 400 local
exhibitors and more than 600,000 visitors and offered an opportunity to regional,
continental and global exhibitors to show case and demonstrate their products
and services. It also offered visitors an opportunity to interact with different people

Ms. Carolyne Wairimu (right) educates the public on how to use the Kenya law website during the 14th Annual Nairobi International
Trade Fair (NITF) show held at Jamuhuri Park from 3rd-9th October 2016.

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Kenya law staff James Onguso (right) and Musembi Kasavuli (left) attend to visitors at the Kenya Law exhibition tent during the Nairobi International
Trade Fair held at the Jamhuri park grounds from 3rd-9th October 2016.

Former Nairobi County


Governor Dr. Evans Kidero
takes a glimpse of cases
compiled in the Supreme Court
case Digests Vol 1. He was
among the hundreds of visitors
who visited the Kenya Law at
the 2016 Nairobi International
Trade Fair.

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from diverse backgrounds in business hence creating a platform for exchanging


ideas and experiences.
Kenya Law representatives also educated various people visiting the stand on
how to navigate through the Kenya Law website; which includes case search,
Laws of Kenya, recent amended acts, election petitions among others.
8.4.3.2 Law Society of Kenya (LSK)
Through the Memorandum Of Understanding signed between LSK and Kenya
Law on 5th October 2016, Kenya Law would provide to LSK informational links to
the Kenya Law website providing updates through the LSK Newsletter, facilitate
for Legal reform and legal update presentations during selected CPD’s, display
and present Kenya Law’s products and services at LSK events, conferences and
CPD’s among others. On the other hand; LSK would
a) Invite Kenya Law staff who must meet criteria for presentations to facilitate
CPD’s;
b) Provide a link on LSK’s website to the Kenya Law website;
c) Include information from Kenya Law on legislative updates, Judicial updates
and other notices into the LSK newsletter;
d) Identify exceptional academic papers from Conferences and CPD’s and

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forward the same to Kenya Law for publishing on their website;


e) Facilitate for Kenya Law to display its products at LSK events, conferences
and CPD’s.
Kenya Law Participates At The 2016 LSK Legal Awareness
Public legal information is part of the common heritage of humanity and
maximizing access to this information promotes Justice and the Rule of Law. It
is for this reason that Kenya Law Participated in the 2016 LSK Legal Awareness
week held from 26th September to 30th September at the Milimani Commercial
Court.
The objective of the Legal Awareness Week is to promote the mandate of the Law
Society of Kenya by extending legal literacy and awareness to members of the
public through provision of free legal advice
The theme for the event this year was, “Improving Access to Justice through
Alternative Dispute Resolution”
The event was officially launched by the acting President of the Supreme Court,
Justice Mohammed Ibrahim who hailed exhibitors for providing the weeklong
free services to members of the public.
The advocates appreciated the service Kenya law offers to them and making
the cases and statutes easily available to them as well as the Kenya Law weekly
updates which they receive through the newsletter.
The event promoted better public understanding of the mandate of Kenya Law
and its bid to Provide Universal Access to Kenya’s Public Legal Information for
the Promotion of the Rule of Law

8.4.3.3 Nairobi Centre of International Arbitration


Kenya Law partnered with the Nairobi Centre of International Arbitration
Conference as a media partner. As a media partner, information on the conference
was shared on the Kenya Law homepage, twitter, face book. In exchange,
Kenya Law’s brand visibility was promoted through co-branded conference
materials and the exhibition.
8.4.3.4 Kenyatta University School of Law
Kenya Law partnered with Kenyatta University to realize the 4th All Kenyan Moot
Court Competition (AKMCC) held at the Kenyatta University new moot court
facility in March 2017. Kenya Law appointed three legal experts to be the lead
judges for the oral presentations and to assist in the review and marking of the
research papers. The organization also offered complimentary legal publications
to aid the students in their research.
8.4.4 Customer Satisfaction Survey
Kenya Law conducted a baseline customer satisfaction survey in the period between
August 2016 and December 2016. The overall objective of the survey was to assess the
level of customer satisfaction with the aim of improving the efficiency of the Council in
achieving its mandate. Kenya Law Customer Satisfaction Index of 2016 was 82%, which
was an improvement from the 2012 Customer Satisfaction Index of 72%.

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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8.4.5 Sales Report for Financial Year 2016-2017


The Total Sales for 2016/2017 FY was Kshs. 7,443,325.00. There was a decrease of Kshs
2,643,125.00 from the previous year, which recorded total sales of Ksh. 10,086,450.00.

MONTH TOTAL (KSHS)

July-2015 185,800.00

August-2015 276,700.00

September-2016 215,400.00

October-2016 295,200.00

November-2016 659,700.00

December-2016 301,000.00

January-2017 288,000.00

February-2017 1,140,450.00

March-2017 378,675.00

April-2017 279,900.00

May-2017 2,407,900.00

June-2017 1,014,600.00

TOTAL 7,443,325.00

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9. AUDITED FINANCIAL STATEMENTS

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i) STATEMENT OF FINANCIAL PERFORMANCE


FOR THE YEAR ENDED 30 JUNE 2017

Revenue From Non-Exchange Transactions


2016-2017 2015-2016
Note
Kshs Kshs
Transfer from government(gifts in kind) 1 255,000,000 255,961,000
Other Income
Grants From JPIP 1 18,452,519 15,422,028
Deferred Income realized 2(c) 4,200,475 6,226,641
Transfers : gifts and services-in-kind 1 - 4,212,750
277,652,994 281,822,419
Revenue from exchange transactions
2(a) 7,434,425 9,924,826
Sale of Kenya Law Reports and other related publications

Cost of Sales (4,266,798) (5,919,988)


Gross Profit 3,167,627 4,004,838
Other incomes (rendering services) 2(b) 2,112,368 -
5,279,995 4,004,838
Total revenue 282,932,989 285,827,257
Expenses
Employee Costs 3 149,583,094 133,948,816
Remuneration of Council Board Members 4 2,172,471 2,088,000
Depreciation and amortization expense 5 14,142,280 25,165,921
Repairs and maintenance 6 3,601,231 2,883,668
Contracted services 7 11,943,775 19,687,436
Corporate Donations 8 63,000 2,068,941
General expenses 9 87,715,728 87,432,366
Finance costs 10 270,399 164,368
Total expenses 269,491,978 273,439,516
Other gains/(losses)  
Foreign Exchange Loss 11 - 8,040
Surplus before tax 13,441,011 12,379,701
Taxation (Tax Exempt) - -
Surplus for the period 13,441,011 12,379,701

The notes set out on pages 6 to 25 form an integral part of the Financial Statements

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ii) STATEMENT OF FINANCIAL POSITION


AS AT 30 JUNE 2017

Assets
Current assets
2016-2017 2015-2016
Note
Kshs Kshs
Cash and cash equivalents 12 623,257 4,018,767
Receivables from exchange transactions 13 15,439,679 14,941,335
Receivables from non- exchange transactions 13 1,162,193 853,217
Inventories 14 193,580,695 191,811,581
210,805,824 211,624,900
Non-current assets  
Property, plant and equipment 15 69,334,902 75,301,705
Intangible assets 16 4,385,002 5,846,670
Long term receivables from exchange transactions 17 3,780,255 3,780,255
77,500,159 84,928,630
Total assets 288,305,983 296,553,530
Liabilities 
Current liabilities  
Trade and other payables from exchange transactions 18 12,670,180 32,258,125
Bank Overdrafts - -
Provision for Audit Fees 18 1,800,000 900,000
14,470,180 33,158,125
Other current liabilities  
Pension Contributions 19 2 389 364 1,189,502
Deferred Income 2 167,505,376 171,705,851
Total liabilities 184,364,920 206,053,478
Net assets  
Capital fund 23,565,276 23,565,276
Retained Earnings 80,375,787 66,934,776
103,941,063 90,500,052
Total net assets and liabilities 288,305,983 296,553,530

The Financial Statements set out on pages 1 to 6 were signed on behalf of the Board of Directors by:
Editor / Chief Executive Officer Chairman of the Council

Date.12/3/2018 Date.12/3/2018

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iii) STATEMENT OF CHANGES IN NET ASSETS

FOR THE YEAR ENDED 30 JUNE 2017


ATTRIBUTABLE TO THE OWNERSHIP OF NATIONAL COUNCIL FOR LAW REPORTING

Capital Retained Deferred


Total
Fund Earnings Income
Kshs
Kshs Kshs Kshs
Balance as at 30 JUNE 2014 23,565,276 37,643,885 165,992,168 227,201,330
Surplus/(deficit) for the period - 16,911,190 - 16,911,190
Additions for the Year - - - -
Depreciation:
Donated Computers & Long Term Assets - - -5,547,007 -5,547,007
Balance as at 30 JUNE 2015 23,565,276 54,555,075 160,445,161 238,565,512
Additions 17,487,331 17,487,331
Surplus for the period - 12,379,701 - 12,379,701
Transfer to deferred Income - - -6,226,641 -6,226,641
Balance as at 30 JUNE 2016 23,565,276 66,934,776 171,705,851 262,205,903
Additions - - - -
Surplus for the period - 13,441,011 - 13,441,011
Transfer to deferred Income - -4,200,475 -4,200,475
Balance as at 30 JUNE 2017 23,565,276 80,375,787 167,505,376 271,446,439

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iv) STATEMENT OF CASH FLOWS


FOR THE YEAR ENDED 30 JUNE 2017

2016/2017 2015/2016
Receipts Note Kshs Kshs
Government grants and subsidies 1 255,000,000 255,961,000
Grants from the Judiciary Performance Improvement Programme 1 18,452,519 15,422,028
Deferred Income 1 4,200,475
Rendering of services 2(b) 2,112,368 4,212,750 
Sale of goods and services 2(a) 7,434,425 9,924,826
Total Receipts 287,199,787 281,307,854
Payments
Employee Costs 3 149,583,094 133,948,816
Finance cost 10 270,399 172,408
Remuneration of Council members 4 2,172,471 2,088,000
Repairs and Maintenance 6 3,601,231 2,883,668
Contracted Services 7 11,943,775 19,687,436
donations 8 63,000 2,068,941
cost of sales 12 4,266,798 5,919,988
General expenses including Depreciation 9 101,858,008 81,150,675
Total payments 273,758,776 247,919,932
Net Income for the period 13,441,011 33,387,922
Add back: Depreciation and Amortisation expense 14,142,280 -
less: Depreciation on Assets acquired under the Judiciary Performance
-4,200,475 -
Improvement Programme
Net cash flows from operating activities 23,382,816 -
Cash flows from Changes in working capital  
Decrease)/Increase in Receivables from exchange transactions -498,344 -3,434,100
Decrease)/Increase in Receivables from non- exchange transactions -308,976 -166,005
Decrease)/Increase in Inventories -1,769,114 -35,183,397
Decrease)/Increase in payables from Non-exchange transactions -17,488,083 11,655,659
Net cash flows from Working capital -20,064,517 -27,127,843
Cash flows from Investing capital  
Purchase of Property, Plant and Intangible assets -6,713,809 -4,155,767
Net cash flows used in investing activities -6,713,809 -4,155,767
Net increase/(decrease) in cash and cash equivalents -3,395,509 2,104,313
Cash and cash equivalents at 1st July 2016 4,018,767 1,914,454
Cash and cash equivalents at 30th June 2017 623,257 4,018,767

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v) STATEMENT OF COMPARISON OF BUDGET AND ACTUAL AMOUNTS

Original budget Adjustments Final budget Ac

2016 - 2017 2016 - 2017 2016 - 2017


Kshs Kshs Kshs
Revenue

Government grants and subsidies 260,000,000 0 260,000,000

Income from sales of publications 20,548,454 0 20,548,454

Other Income 4,212,750 0 4,212,750

Deferred Income 0 0 0

Grants from Development partners 47,907,342 0 47,907,342

Total income 332,668,546 0 332,668,546

Expenses

Compensation of employees 170,181,868 0 170,181,868

Payment of Goods and services 23,572,857 0 23,572,857

Finance cost 0
252,000 252,000
Rent paid 23,235,377 0 23,235,377

Other payments

(4,6,7,8,12) 27,354,917 0 27,354,917

General Expenses 88,071,528 0 88,071,527

Total expenditure 332,668,547 0 332,668,546


Surplus for the period 0 0 0
a) Variance is due to delays in disbursement of funds by the IEBC towards a project to publish Digests
and handbooks on Election Petitions.
b) Variance is due to increased use of the online platform, delays by the Attorney General to issue a
gazette notice to allow the sale of the complete Laws of Kenya volumes and insufficient Human
resources (due to GOK freeze on employment) to publish and market published products.
c) Variance is due to procurement delays under the Judicial Performance Improvement Programme
(JPIP) in the year under review.
d) Variance is due to inadequate funds owing to low collections from sale of publications (Appropriations-
In-Aid).
e) Variance is due to inadequate funds owing to low collections from sale of publications (Appropriations-
In-Aid).
f) Variance is due to procurement delays under the Judicial Performance Improvement Programme
(JPIP) in the year under review.

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get Actual on comparable basis Performance difference % Variance Performance difference

2016 - 2017
017 2016 - 2017 2016 - 2017
Kshs
shs Kshs Kshs

000 255,000,000 (5,000,000) (0.02)

454 7,434,425 (13,114,029) (0.64) a

750 2,112,368 (2,100,382) (0.50) b

0 4,200,475 4,200,475 0

342 18,452,519 (29,454,823) (0.61) c

546 287,199,787 (45,468,759)

868 149,583,094 20,598,774 0.12

857 16,839,013 6,733,844 0.29 d

270,399 (18,399) (0.07)


000
377 23,035,293 200,084 0.01

917 22,047,275 5,307,642 0.19 e

527 61,983,702 26,087,826 0.30 f

546 273,758,776 58,909,770


0 13,441,011 (13,441,011)

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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NOTES TO THE FINANCIAL STATEMENTS

1. Statement of compliance and basis of preparation


a) Statement of compliance
The Public Finance Management (PFM) Act 2012 Section 192 provided the setting up of the Public
Sector Accounting Standards Board (PSASB). The Cabinet Secretary National Treasury, gazetted
members of the Board through Gazette Notice No. 1199 of 28 February, 2014. Following the Boards
approval on the adoption of the International Financial Reporting Standards (IFRS) for state organs
operating as Commercial Business Entities and the International Public Sector Accounting Standards
(IPSAS) for non-commercial entities, The National Council for Law reporting financial statements have
been prepared in accordance with and comply with International Public Sector Accounting Standards
(IPSAS).
The financial statements are presented in Kenya shillings, which is the functional and reporting currency
of the Council and all values are rounded to the nearest Kenya shilling. The accounting policies have
been consistently applied to all the years presented.
b) Application of new and revised International Public Sector Accounting Standards (IPSAS)

i) Relevant new standards and amendments to published standards effective for the year ended 30
June 2017
ii) Several new and revised standards and interpretations were effective during the year. The Council
Board Members have evaluated the impact of the new standards and interpretations and none of
them had an impact on the Council’s financial statements.
iii) Expected impact of issued relevant new and amended standards and interpretations in issue but not
yet effective in the year ended 30 June 2017
iv) The Council Board Members have evaluated the impact of the new standards not yet effective for the
year and none of them had an impact on the Council’s financial statements.
v) Early adoption of standards

The NCLR Council did not early-adopt any new or amended standards in 2017.

f) Basis of preparation

The financial statements have been prepared on the basis of historical cost, unless stated otherwise.
The cash flow statement is prepared using the indirect method. The financial statements are prepared
on accrual basis.
2. Summary of significant accounting policies
(a) Revenue recognition
i) Revenue from non-exchange transactions
• Grants from the National Government
NCLR recognizes grants from the National Government when the event occurs and the asset
recognition criteria are met. An inflow of resources from a non-exchange transaction recognized
as an asset shall be recognized as revenue, except to the extent that a liability is also recognized
in respect of the same inflow.
• Donor Grants (Donations in Kind)
Donor funds are received through Judiciary supported programmes and other development
Agencies. Revenues from non-exchange transactions with donor entities are measured at fair
value and recognized on obtaining control of the asset (cash, goods, services and property)
Under Donations in Kind; the economic benefits or service potential related to the asset will flow
to the Council and can be measured reliably.

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• Donor Grants (Conditional Grants)


These funds are recognised at fair value when there is reasonable assurance that NCLR will
comply with the Conditions attaching to them and the funds will be received. Donor funds
related to purchase of assets are treated as deferred income and allocated to the statement of
financial performance as income over the useful lives of the related assets while grants related
to expenses are treated as donor fund income in the income statement.
• Recognition of Other Income
Include monies received from other transactions apart from sale of books e.g good will transfers,
Funds for projects and grants in kind from other institutions used for training such as JPIP
grants for members of staff capacity building activities. These are recognized when received.
ii) Revenue from exchange transactions
• Sale of goods
Revenue from the sale of legal publications such as Kenya law reports, laws of Kenya and other
related publications such as Constitution of Kenya, Constitutional and supreme court digests
is recognized when the significant risks and rewards of ownership have been transferred to
the buyer, usually on delivery of the goods and when the amount of revenue can be measured
reliably and it is probable that the economic benefits or service potential associated with the
transaction will flow to the Council.
(b) Budget information
The annual budget is prepared on the accrual basis, that is, all planned costs and income are
presented in a single statement to determine the needs of NCLR. As a result of the adoption of the
accrual basis for budgeting purposes, there are no basis, timing or Council operational differences
that would require reconciliation between the actual comparable amounts and the amounts
presented as a separate additional financial statement in the statement of comparison of budget
and actual amounts.
(c) Taxes
The National Council for Law reporting is semi-autonomous State Corporation. For this purposes
it is exempted from paying Corporation tax through a valid Tax exemption Certificate No. of 1995.

(d) Property, plant and equipment


All property, plant and equipment are stated at cost less accumulated depreciation and impairment
losses. Cost includes expenditure that is directly attributable to the acquisition of the items.
When significant parts of property, plant and equipment are required to be replaced at intervals,
NCLR recognizes such parts as individual assets with specific useful lives and depreciates them
accordingly. Likewise, when a major inspection is performed, its cost is recognized in the carrying
amount of the plant and equipment as a replacement if the recognition criteria are satisfied. All
other repair and maintenance costs are recognized in surplus or deficit as incurred. Where an asset
is acquired in a non-exchange transaction for nil or nominal consideration the asset is initially
measured at its fair value.

The annual depreciation rates in use are as follows:


• Motor Vehicles - 20%
• Computer, Networks and other IT equipment - 33 1/3%
• Office Furniture and fixtures - 10%
• Office equipment - 15%

(e) Intangible assets


Intangible assets acquired separately are initially recognized at cost. The cost of intangible assets
acquired in a non-exchange transaction is their fair value at the date of the exchange. Following
initial recognition, intangible assets are carried at cost less any accumulated amortization and
accumulated impairment losses. Internally generated intangible assets, excluding capitalized
development costs, are not capitalized and expenditure is reflected in surplus or deficit in the period

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in which the expenditure is incurred.


The useful life of the intangible assets is assessed as either finite or indefinite.
The depreciation rate as follows:
Intangible assets - 20%.

(f) Inventories
Inventory is measured at cost upon initial recognition.

Costs incurred in bringing each product to its present location and condition is accounted for, as
follows:
• Raw materials: purchase cost using the weighted average cost method.
• Finished goods and work in progress: cost of direct materials and labour and a proportion of
manufacturing overheads based on the normal operating capacity, but excluding borrowing
costs.
After initial recognition, inventory is measured at the lower of cost and net realizable value. However,
to the extent that a class of inventory is distributed or deployed at no charge or for a nominal charge,
that class of inventory is measured at the lower of cost and current replacement cost.

Net realizable value is the estimated selling price in the ordinary course of operations, less the
estimated costs of completion and the estimated costs necessary to make the sale, exchange, or
distribution.

Inventories are recognized as an expense when deployed for utilization or consumption in the
ordinary course of operations at the Council.
(g) Nature and purpose of reserves

The National Council for Law Reporting creates and maintains reserves in terms of specific
requirements.
Reserves include:
• Capital Fund which is the sum of total assets that were transferred to NCLR on its delinking from
the Judiciary in July 2006. This is treated as the start-up Capital of the institution.
• Retained earnings which are the sum of all accumulated surpluses and deficits as at the
reporting date. The institutional policy is to credit any subsequent surpluses to and/or to charge
any subsequent losses to this reserve as appropriate.
(h) Changes in accounting policies and estimates

The National Council for Law Reporting recognizes the effects of changes in accounting policy
retrospectively. The effects of changes in accounting policy are however applied prospectively if
retrospective application is impractical.

(i) Employee benefits:

Retirement benefit plans


The Council provides retirement benefits for its employees. Defined contribution plans are post-
employment benefit plans under which NCLR pays fixed contributions of 20% into a fund managed
by ICEA Lion Insurance (Kenya) Limited, and will have no legal or constructive obligation to pay
further contributions if the fund does not hold sufficient assets to pay all employee benefits relating
to employee service in the current and prior periods. The contributions to fund obligations for the
payment of retirement benefits are charged against income in the year in which they become payable.
A Gratuity is payable to the Editor on completion of a periodic contract. This is budgeted for in the
year it falls due for payment.

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Cash and cash equivalents


Cash and cash equivalents comprise cash in hand, cash held in M-Pesa Account, cash at bank,
short-term deposits on call and highly liquid investments with an original maturity of three months
or less, which are readily convertible to known amounts of cash and are subject to insignificant risk
of changes in value. Bank account balances include amounts held at various commercial banks
at the end of the financial year. For the purposes of these financial statements, cash and cash
equivalents also include short term cash imprest and advances to authorised public officers and/or
institutions which were not surrendered or accounted for at the end of the financial year.

(j) Comparative figures

Where necessary comparative figures for the previous financial year have been amended or
reconfigured to conform to the required changes in presentation according to the IPSAS accrual
method.

(k) Financial Instruments: Recognition and Measurement


The Council has ensured recognition and measurement of financial assets; financial liabilities and
contracts to buy or sell non-financial items have been captured in line with IPSAS 29.
(l) Related parties
The Council regards a related party as a person or an entity with the ability to exert control
individually or jointly, or to exercise significant influence over the Entity, or vice versa. Members of
key management are regarded as related parties and comprise the CEO, Deputy CEO and senior
managers.

Other related parties include the Government of Kenya, Judiciary ( Main Ministry), Other
development partners such as Transparency international, Council of governors, Kenya Police
service.

The policy of the Council is that all related parties should declare their interest at all times in any
institutional process that might occasion a conflict of interest if they participated in the same
without declaring their interest. This will then allow management to decide on the best way
to execute the process in a manner that transparency and accountability is seen to have been
adhered to.
(m) Significant judgments and sources of estimation uncertainty
The preparation of NCLR’s financial statements in conformity with IPSAS requires management
to make judgments, estimates and assumptions that affect the reported amounts of revenues,
expenses, assets and liabilities, and the disclosure of contingent liabilities, at the end of the
reporting period. However, uncertainty about these assumptions and estimates could result
in outcomes that require a material adjustment to the carrying amount of the asset or liability
affected in future periods.

Estimates and Assumptions


The key assumptions concerning the future and other key sources of estimation uncertainty at the
reporting date, that have a significant risk of causing a material adjustment to the carrying amounts
of assets and liabilities within the next financial year was continued going concern anchored on; i)
Continued government funding, and ii) Continued donor funding. NCLR based its assumptions and
estimates on parameters available when the financial statements were prepared. However, existing
circumstances and assumptions about future developments may change due to market changes
or circumstances arising beyond our control. Such changes are reflected in the assumptions when
they occur.
Useful lives and residual values
The useful lives and residual values of assets are assessed using the following indicators to inform
potential future use and value from disposal:
The condition of the asset based on the assessment of experts employed by the Council
The nature of the asset, its susceptibility and adaptability to changes in technology and

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processes
The nature of the processes in which the asset is deployed
Availability of funding to replace the asset
Changes in the market in relation to the asset
Contingent Assets and Contingent Liabilities
As a matter of policy, the National Council for Law Reporting makes provisions for contingent liabilities
when there is a reasonable estimation that an event has occurred or will occur that has a potential
of creating a measurable liability or loss to the institution. However, when an event has occurred
or will occur that has a potential of creating a measurable benefit or Asset to the institution i.e. a
Contingent assets, the institution only discloses the same in the notes to the financial statements.
There were no contingent assets or liabilities reported in the year ended June 30, 2017.
Provisions
Provisions are measured at the management’s best estimate of the expenditure required to settle
the obligation at the reporting date, and are discounted to present value where the effect is material.
The provision for Audit fees has been subjected to this treatment.
(n) Subsequent events
There have been no events subsequent to the financial year end with a significant impact on the
financial statements for the year ended June 30, 2017.

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WORKINGS ON NOTES TO THE FINANCIAL STATEMENTS


1. Revenues from Non-Exchange transactions

2017 2016
Kshs Kshs
Grants from The Government of Kenya 255,000,000 251,961,000
Grants in Kind from the World Bank (JPIP) 18,452,519 32,909,359
Grants in Kind from other Development partners - 4,212,750
Deferred Income Realized 4,200,475 -
Total grants 277,652,994 294,083,109

Analysis of the Grants to the National Council for Law Reporting is as follows;
a) Government of Kenya- There are non-conditional grants by the government allocated NCLR for
recurrent expenditure
b) Judiciary performance improvement Project grants are non-cash Income that refers to the monetary
value of Assets and expenses for items procured by and paid by JPIP. Specifically, it includes rent
expenses and service charge paid for under the JPIP. The expense items and Assets in this regard
have been captured in the statement of financial performance and matched to this item of income.

2 (a). Revenues from Exchange transactions


2017 2016
Kshs Kshs
Sales of Kenya Law Reports, Laws of
7,434,425 9,924,826
Kenya and other Legal Publications
Total 7,434,425 9,924,826

2 (b). Other Incomes


2017 2016
Kshs Kshs
Income from other sources 2,112,368 0
Total 2,112,368 0

2 (c). Deferred Income

Deferred Income for the year is recognized to be equivalent to the depreciation /


used value of donated assets or economic benefits derived therefrom, in the year.

  Kshs
Balance as at 30 June 2016 171,705,851
Depreciated on donated assets (transferred to deferred incomes) (4,200,475)

Balance as at 30 June 2017 167,505,376

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3. Employee Costs (These are remunerative costs for 73 Members of staff)

  2017 2016
  Kshs Kshs
Employee Related Costs - Salaries & Wages 57,301,691 49,309,908

Employee Related Costs - Contributions to Pensions, NSSF, Group


21,754,711 19,991,110
Medical, life
Transport Allowances 8,574,000 8,584,000
House Allowances 33,240,000 30,045,000
Airtime Allowances 2,251,000 1,881,000
Domestic Servant Allowance 187,200 171,600
Extraneous Allowances 4,080,000 3,985,000
Employee Reward & Motivation 320,000 300,000
Entertainment Allowances 4,140,000 4,030,000
Non Practising Allowances 3,240,000 3,340,000
Leave Allowances 1,177,297 998,000
Responsibility Allowance 2,780,000 1,950,000
Security Allowance 2,050,000 1,935,000
Library Allowances 120,000 110,000
Special Duty Allowance 612,297 808,366
Training expenses 7,300,532 6,287,521
WIBA 454,365 222,311
  149,583,094 133,948,816

Average No. of Employees at 30th June 2017


  2017 2016
Permanent Management 11 11
Permanent Employees 62 62
Temporary/ Contract employees 17 15

4. Remuneration of Council members


Allowances to Council members and Chairman’s Honorarium
2017 2016
Kshs Kshs
Chairman’s Honoraria 783,000 1,044,000
Directors Emoluments 1,264,000 984,000
Other Allowances 125,471 60,000
2,172,471 2,088,000

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5. Depreciation and amortization expense


2017 2016
Kshs Kshs
Property, Plant and Equipment 12,680,612 23,704,253
Intangible assets 1,461,668 1,461,668
Total depreciation and amortization 14,142,280 25,165,921

6. Repairs and maintenance


2017 2016
Kshs Kshs
Maintenance of Plant, MC and Equipment 351,213 121,100
Maintenance of Furniture and Equipment 164,450 269,150
Maintenance and cleaning of Motor Vehicle 161,403 204,758
Maintenance of Computers 2,765,665 1,703,500
Maintenance of communication equipment 158,500 585,160
Total Repairs and Maintenance 3,601,231 2,883,668

7. Contracted services
2017 2016
Kshs Kshs
Contracted Professional services 4,616,648 12,328,507
Contracted Technical Services 7,327,127 5,095,546
Courier and Postage Services - 2,263,383
Total contracted services 11,943,775 19,687,436

8. Corporate Donations
2017 2016
Kshs Kshs
Corporate donations 63,000 2,068,941
Total Donations 63,000 2,068,941

9. General expenses
2017 2016
Ksh Ksh
Internet Connections 1,960,711 1,858,844
Parking Fees 1,243,026 869,090
Catering Costs 3,602,442 2,888,833
Computer Software Expenses 6,714,142 6,321,960
Education and Library 1,349,980 1,825,151

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Subscriptions to Newspapers 721,440 0


Other Fuels (Cooking Gas) 15,450 5,850
Cleaning Services 1,231,822 1,081,889

Consumables (Accessories for Computers and Printers, sanitary and


3,383,590 2,145,743
cleaning materials)

Audit Fees 900,000 810,000


Telephone Expenses 1,809,439 1,633,042
Travel and Subsistence (Domestic and Foreign) 18,824,489 19,273,117
Motor Fuels and Lubricants 330,715 298,342
Rent Expense 23,035,293 19,756,583
Advertising and Publicity 924,085 2,286,114
Conferences/Seminars for Committees 2,900,735 2,498,885
Postage Services 392,433 -
Laundry Expenses - 57,250
Legal Fees, Dues and arbitration costs 435,384 -
Membership Fees and subscription to Professional Bodies 551,916 297,360
Trade shows and Exhibitions 399,200 3,413,302
Printing and general office stationery 13,070,755 15,805,291
Security Services 867,680 1,150,720
Temporary Committee Costs 3,051,000 3,125,000
Total general expenses 87,715,728 87,432,366

10. Finance costs


2017 2016
Kshs Kshs
Bank Charges 270,399 164,368
Total Finance Costs 270,399 164,368

11. Foreign Exchange Loss


2017 2016
Kshs Kshs
Foreign Exchange loss 0 8,040
Total Foreign Exchange loss 0 8,040

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12. Cost of sales


2017 2016
Kshs Kshs
Cost of sales for legal publications in the year 4,266,798 5,919,988
Total Foreign Exchange loss 4,266,798 5,919,988

Bank Overdraft KCB OM Account


2017 2016
kshs Kshs
KCB OM Account -731 2,049,587
KCB Donations and Grants account 10,173 17,773
Barclays Bank Account (revenue) 17,787 1,542,977
Cash-on-hand (Petty cash) 22,128 107,240
M-Pesa Account 573,900 301,190
Total cash and cash equivalents 623,257 4,018,767

12 (a) Banks
Name of the Bank Bank Account Number Currency 2017 2016
Kshs Kshs
KCB O&M account 1103135449 KSH (731) 2,049,587

KCB Donations and Grants 1131298241 USD 10,173 17,773


account
Barclays Bank of Kenya 0451230484 KSH 17,787 1,542,977

Total 27,229 3,610,337

12 (b) Cash at hand


Form of cash holding e.g liquid cash, MPESA, e.t.c 2017 2016
Kshs Kshs
Cash at hand 22,128 107,240
MPESA 573,900 301,190
Total 596,028 408,430

13. Receivables from Transactions


2017 2016
Kshs Kshs
Receivables from Exchange transactions (Sale of Law reports and other 15,439,679 14,941,335
Legal Publications by NCLR)

Imprest refunds receivable 405,000 7,597


Receivables from Non-Exchange Transactions (salary Advances offered 757,193 845,620
to staff members as per HR manual)
Total current receivables 16,601,872 15,794,552

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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14. Inventories
2017 2016
Kshs Kshs
Stock of Kenya Law Reports 190,401,257 188,680,977
Stock of Library Books 3,139,378 3,099,474
Stock of stores Supplies 40,060 31,130
Total inventories at the lower of cost and net realizable value 193,580,695 191,811,581

15. Property, plant and equipment

  Computer Furniture and Fittings Motor Vehicle Office Total


Cost / NBV Equipment Kshs Kshs Equipment Kshs
Kshs Kshs

Cost at 1st July 39,503,827 2,047,139 961,806 1,900,419 44,413,191


2012
NBV at 1st July 38,952,324 31,299,226 615,556 8,756,920 79,624,026
2014

NBV at 1st July 41,686,056 45,293,423 615,556 12,217,126 99,812,161


2015
Additions (NCLR) 927,159 1,211,000 - 2,017,608 4,155,767
Additions (Donor) 2,758,131 9,160,000 5,569,200 - 17,487,331
Disposals - (2,068,941) - - (2,068,941)
Totals at 30 June 45,371,346 53,595,482 6,184,756 14,234,734 119,386,318
2016
  
NBV at 1st July 16,503,464 43,706,592 4,824,694 10,266,955 75,301,705
2016
Additions (NCLR) 6,652,503 61,306 - - 6,713,809
Additions (Donor) - - - - -
Disposals - - - - -
At 30 June 2017 23,155,967 43,767,898 4,824,694 10,266,955 82,015,514
Depreciation and          
Impairment
Accumulated De- 24,387,341 10,095,784 1,335,440 3,692,894 39,511,459
preciation as at 1st
July 2016
Depreciation 5,798,840 4,376,790 964,939 1,540,043 12,680,612
Charge for the year

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Accumulated 30,186,181 14,472,574 2,300,379 5,232,937 52,192,071


Depreciation as at
30th June 2017
  
Net Book Values          
As at 30 June 2017 17,357,127 39,391,108 3,859,755 8,726,912 69,334,902
As at 30 June 2016 16,503,464 43,706,592 4,824,694 10,266,955 75,301,705

Depreciation 2,319,536 916,000 964,939 - 4,200,475


Charge for the year
to Statement of
Changes in Equity
Depreciation 3,479,304 3,460,790 0 1,540,043 8,480,137
Charge for the year
to Statement of
Income

16. Intangible assets


Intangible Assets 2017 2016
At 30th June 9,135,423 9,135,423
Additions - -
Stock of stores Supplies 9,135,423 9,135,423
Amortization and Impairment
At 30th June (3,288,753) (1,827,085)
Amortization in the year (1,461,668) (1,461,668)
(4,750,421) (3,288,753)
Net Book Value 4,385,002 5,846,670

17. Long term Receivables from exchange transactions

2017 2017
Kshs Kshs
Long term receivables from exchange transactions 3,780,255 3,780,255
3,780,255 3,780,255

The Long term receivables from exchange transactions refer to a rent deposit paid for the lease of the Council
secretariat offices.

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18. Trade and other payables from exchange transactions

2017 2016
Kshs Kshs
Trade Payables - 26,218,547
Third Party Payments 14,266,386 5,835,784
Other Payables 203,794 203,794
14,470,180 32,258,125

19. Pension Contributions


2017 2016
Kshs Kshs
Pensions Contributions due – Employee 796,455 396,501
Pensions Contributions due – Employer 1,592,909 793,001
2,389,364 1,189,502

20. Capital Commitments



There was no Capital commitment at the end of the year for which provision has been made in the financial
statements. However, Commitments made in the financial year 2015/2016 was in relation to publication
and printing of Kenya Law Reports, conducting a Customer Satisfaction Survey and a Quality Management
System certification. These payments were paid up in the financial year 2016/2017.

2017 2016
Kshs Kshs
Authorised and contracted for - 26,218,547
Authorised but not contracted for - -
- 26,218,547

21. Operating lease commitments



Operating lease commitments represent rent expenses payable by the Council for its leased office premises and
warehouse.
2017 2016
kshs kshs
Due within 1 Years 23,992,174 23,043,705
Due within 2-5 years 95,968,698 20,976,941
Total 119,960,872 44,420,646

NCLR has no commitments to operating leases in the later than 5 Years category.

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22. Financial Risk Management



The NCLR’s financial risk management objectives and policies are detailed below:

(a) Significant accounting policies

Risk is an integral part of operations in any institution. NCLR is exposed to various risks, including
credit risk and liquidity risk. The risk management strategy is based on a clear understanding
of various risks, disciplined risk assessment and measurement procedures and continuous
monitoring.

(b) Financial risk management objectives

NCLR’s overall risk management programme focuses on unpredictability of changes in the


business environment and seeks to minimise the potential adverse effect of such risks on its
performance by setting acceptable levels of risk. NCLR does not hedge any risks and has in place
policies to ensure that credit is extended to customers with an established credit history.

The financial risk management objectives and policies are as outlined below:

(c) Credit risk

Credit risk is the risk that a borrower is unable to meet her financial obligations to the lender.
NCLR’s credit risk is primarily attributable to its cash and cash equivalents and trade receivables.
The amounts presented in the statement of financial position are net of allowances for doubtful
receivables, estimated by the council’s management based on prior experience and their
assessment of the current economic environment.

Bank balances are fully performing. The trade receivables under the fully performing category are
paying their debts as they continue trading .The default rate is low. The debt that is overdue is not
impaired and continues to be paid.

The amount that best represents the company’s maximum exposure to credit risk is made up as
follows:

Total
Fully Performing Past due Impaired
Amount
Kshs Kshs Kshs
Kshs

At 30th June 2017


Bank balances 623,257 625,257 - -
Receivables from exchange
15,439,679 15,439,679 - -
transactions
Receivables from non-exchange
1,162,193 1,162,193 - -
transactions
At 30th June 2016
Bank balances 3,610,337 3,610,337 - -
Receivables from exchange
18,721,590 18,721,590 - -
transactions
Receivables from non-exchange
853,217 853,217 - -
transactions

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(d) Liquidity risk

Liquidity risk is a financial risk that for a certain period of time at a given financial asset, security
or commodity cannot be traded quickly enough in the market without impacting the market price.
Prudent liquidity risk management includes maintaining sufficient cash to meet company
obligations. Ultimate responsibility for liquidity risk management rests with the council board
members, which has built an appropriate liquidity risk management framework for the management
of the council’s short, medium and long-term funding and liquidity management requirements. The
council manages liquidity risk by maintaining banking facilities through continuous monitoring of
forecast and actual cash flows.
The table below analyses the council’s financial liabilities that will be settled on a net basis
into relevant maturity groupings based on the remaining period at the balance sheet date to
the contractual maturity date. The amounts disclosed in the table below are the contractual
undiscounted cash flows. Balances due within 12 months equal their carrying balances, as the
impact of discounting is not significant.

Less than Between Over


Note 1 month 1 – 3 months 3 months
Kshs Kshs Kshs
At 30th June 2017
Trade and other payables 18 14,470,180 - -
Other Current Liabilities 19 2,389,364 - -
Bank Overdraft 12 - - -
16,859,544 - -
At 30th June 2016
Trade and other payables 18 32,350,533 - -
Other Current Liabilities 19 1,189,502 - -
Bank Overdraft 12 - - -
33,540,035 - -

(e) Market risk


Market risk refers to the risk an institution faces resulting from movements in market prices. In
particular, changes in interest rates, foreign exchange rates, and equity and commodity prices. It
comprises of Price risk, Fair value interest rate risk and Foreign exchange risk.
(i) Price risk
This is risk of a decline in the value of a security or a portfolio that can be minimized through
diversification, unlike market risk.
NCLR does not hold investments that would be subject to price risk; hence this risk does not
directly affect our net worth.
(ii) Fair value interest rate risk
This is a risk that future cash flows will fluctuate because of changes in market interest rates.
Investments and borrowings subject to fixed rates expose the Council to fair value interest
rate risk, as the fair value of the financial instrument fluctuates because of changes in market
interest rates.

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NCLR does not hold interest bearing assets or liabilities subject to fair value interest rate risk;
hence this risk does not directly affect our net worth.
(iii) Foreign exchange risk
This is risk that an asset or investment denominated in a foreign currency will lose value as a
result of unfavourable exchange rate fluctuations between the investment’s foreign currency
and the investment holder’s domestic currency.
The Council occasionally receives grants denominated in foreign currency especially in US
Dollars. This exposes the Council to risks that may arise from fluctuations in the foreign
currency exchange rates. The Council has a USD bank account for transacting receipts and
payments in USD to minimise the exposure to exchange risks.
Sensitivity analysis on the Foreign exchange of the Council’s USD Account reported a Forex
loss attributed to loss in value of the Kenya shilling to the US dollar at the year-end date.
The analysis assumes that exchange rate fluctuations on currency derivatives that form part
of an effective cash flow hedge relationship affect the fair value reserve in equity and the fair
value of the hedging derivatives.

2017 2016
Kshs Kshs
Bank Balances (USD account) 10,173 17,773
Increases by 5% 10,681 18,662
Decrease by 5% 9,665 16,844

23. Capital risk management

The council’s objectives when managing capital are to safeguard the company’s ability to continue as a
going concern in order to maintain an optimal capital structure to reduce the cost of capital.

The capital structure of the council consists of equity attributable to equity holders, comprising capital
fund, reserves and retained earnings. The council would ordinarily monitor its capital risk using the gearing
ratio. Gearing ratio is calculated as net borrowings over the total capital. The Council had no borrowings as
at 30 June 2016 and 30 June 2017.

2017 2016
Kshs Kshs
The Council’s capital is made up as follows:
Capital fund 23,565,276 23,565,276
Retained earnings 80,375,787 66,934,776
Net Assets 103,941,063 90,500,052

24. Related Parties

A related party is a person or entity that is related to the entity that is preparing its financial statements
(referred to as the ‘reporting entity’)

The related parties to the Council include:


• Government of Kenya - The Government of Kenya is the primary financier of the Council as a State
Corporation. The GOK Transfers non-conditional Grants to the National Council for Law Reporting
every financial year.

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Grants in Kind from the World Bank Judiciary Performance Improvement Programme (JPIP) – The
World Bank are a development partner funding the JPIP project of which the Council is a key beneficiary.
Provide Conditional grants to the National Council for Law Reporting through the Judiciary.
• Judicial Service Commission- This is the body that gives the broad strategic direction for the entire
Judiciary that is our parent ministry; that then influences the Council’s strategy. It also approves the
entire Judiciary budget as envisaged in the Judiciary Fund.
• Council members – This is the body that gives the strategic direction of the National Council for Law
Reporting and provides oversight over Council activities.
• Key Management – This are the persons who manage the secretariat and implement the policy direction
and strategies of the National Council for Law Reporting as detailed by the Council members. The
Council has a total of 11 management staff.
Transactions are at arm’s length recognized depending on policy.
Related party disclosures

2017 2016
Kshs Kshs
1 Grants from the Government of Kenya 255,000,000 255,961,000
2 Grants in Kind from the World Bank (JPIP) 18,452,519 15,422,028
Board Members Remuneration
2,172,471 2,088,000
a. Chairman’s Honorarium
3 783,000 1,044,000
b. Sitting Allowances
1,389,471 1,044,000

Key management Compensation 37,784,548 34,335,952


4 a. Salaries 14,315,952 12,997,514
b. Allowances 23,468,496 21,338,438

25. Ultimate holding entity

The Judiciary of Kenya is the immediate parent institution of the National Council for Law Reporting.

26. Currency

The financial statements are presented using the functional currency Kenya Shillings (Kshs).

27. Events after the reporting period

There are no material non-adjusting events after the reporting date.


a) PROGRESS ON FOLLOW UP OF AUDITOR RECOMMENDATIONS

There were no issues raised by the external auditor from the previous financial year(s) that were still
outstanding as at 30th June 2017.

Editor / Chief Executive Officer Chairman of the Council

Date.12/3/2018 Date. 12/3/2018

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10. CHALLENGES AND RISKS IN THE FINANCIAL YEAR 2016 -2017


During the financial year under review, the organisation faced the following challenges:
1. Budgetary Constraints

2. ICT constraints including:


a. Highly specialized systems that require advanced training. Training could not be carried out due
to the limited funds.
b. Obsolescence of Computer hardware and Technology
c. Versatile nature of IT/ Dynamism
d. Unstable Electricity (Lack of clean power from the source)
e. Increasing Internet Bandwidth requirements, with limited financing
3. Human resources constraints including:
a. Staff skills and competency gaps due to highly specialised training required
b. The freeze on employment directive by the government
c. Limited office space.
4. External Threats comprising of:
a. Competition from the private sector with similar products
b. Delayed donor support programmes due to various factors including, procurement processs and
the highly technical and complex nature of products/services.
c. Cyber security and hacking threats
d. Litigation against the organization
5. Internal threats comprising of:
a. Obsolescence of some legal publications
b. Delays in publication of the Kenya Law Reports
c. Delays in the publishing of the Kenya Law Review Journal due to slow response from prospective
authors and peer reviewers
d. Insufficient training for members of staff based on the staff training needs assessment
e. Conflicting timings of planned audit activities with ongoing management actions and work plans
hindering the implementation of internal audit plan and performance of audit activities within set
timelines.
f. Restrictive organisational structure.

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11. ORGANISATIONAL OUTLOOK FOR THE FINANCIAL YEAR 2017-


2018
In the next financial year, 2017/2018, the organisation intends to undertake the following activities under
the four thematic areas:
a) Provision of Legal Information
Prepare and print Annual Kenya Law Reports
i. Kenya Law Reports 1998
ii. Kenya Law Reports 2015 Vol. 2
iii. Kenya Law Reports 2016 Vol. 1
iv. Kenya Law Reports 2016 Vol. 2

b) Publish the following specialized products:


i. Environment and Land Vol. 2
ii. Employment and Labour Law Report Vol. 1
iii. Gender and Family Law Report Vol. 2
iv. Commercial Law Report Vol. 1

c) Other Related Publications


i. Presidential Election Booklet 2017 Vol.1 and 2
ii. Other digests as and when required
d) Law Reporting
i. Oversee and ensure quality in the case selection process for the Kenya Law Reports
ii. Prepare and disseminate the weekly newsletter
iii. Online upload of all judgments collected from superior courts of record
iv. Online upload of all cause lists received
v. Prepare quarterly reports on progress of work-plans
e) Online Publication of the Laws of Kenya
The organisation envisages having a database at 100% up to date laws. This includes the whole set
of the laws of Kenya, which are:
i. National legislation
ii. County legislation
iii. East African Legislation
iv. Treaties & Agreements
Kenya Law intends to ensure that the laws are updated to 100%. This will aid the users to access
updated laws on a real time basis
f) Print Publications of the Laws of Kenya
The following, 2016 Editions will be printed in the year 2017:
i. Devolution Laws
ii. Commercial Laws
g) Monitoring Law Reform Issues Emerging from the Superior Courts Of Record
In 2017/2018, Kenya Law will contribute to legal and administrative reforms by tracking and reporting
to law reform institutions judicial opinions containing pertinent pronouncements to legal and
administrative reforms. This will be done every quarter of the year.

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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h) Knowledge Sharing & Training of Judicial Officers, Advocates, Legal Researchers and other Law
Reporting Institutions
The organisation seeks to promote knowledge, information and education in emerging issues in law
among judicial officers, the legal community and the public at large through continuous trainings for
lawyers and judicial officers.
i) Publication of the Kenya Law Review Journals
Kenya Law will aid in the development of Kenyan jurisprudence through the publication of a journal
on interdisciplinary research on pertinent issues of Kenyan law and the legal system. Following a
resolution of the Board, the Kenya Law Review Journal will be published in Paperback format. Due to
the high number of articles received, the journal will be published bi-annually. Kenya Law will also be
receiving articles on a rolling basis rather than once a year when the Call for Papers is issued.
j) Access to Public Legal Information
The organisation will continue digitizing historical records to enhance access to public legal
information for both internal and external customers. These include:
i. Reports from Commissions of Inquiries
ii. Reports from Committees of Parliament
iii. Government Policies
k) Monitoring Local and International Jurisprudence
The organisation will keep track of frontier and emerging jurisprudence in Kenya, regional and
international courts. These Courts include:
i. Supreme Court of the United States of America
ii. United Kingdom Supreme Court
iii. South African Constitutional Court
iv. Supreme Court of India
v. East Africa Court of Justice
vi. African Court on Human and Peoples Rights
These decisions will be published on the Kenya Law Blog: Wakilishare and the quarterly Bench
Bulletin.
l) Printing of the Bench Bulletin Issues
The organisation intends to ensure timely printing of the Bench Bulletin every quarter of the year. The
Bench Bulletin is the definitive intelligence briefing for Kenya’s judicial officers, the law practitioner,
managers and the business people. It is a quarterly digest of recent developments in law, particularly,
case law, new legislation in the form of Acts of Parliament, rules and regulations, pending legislation
contained in Bills tabled before Parliament and Selected Legal Notices and Gazette Notices.
m) Publication of Specialized digests
The organization has entered into a collaborative MOU with the Capital Markets Authority to publish
a case digest on decisions in the area of Capital Markets. The purpose of which is to aid the legal
fraternity and other interested persons in identifying the current developments in litigation affecting
capital markets. This will build jurisprudence in the area of capital markets.

n) Policy and Legal Framework


To achieve the implementation of this thematic area, the organisation will:
i. Continuously update the Law Reporting and Layout manuals
ii. Establish partnerships with other organisations to develop reports on thematic areas.
iii. Implement the QMS system

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
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o) Institutional Development
The organisation plans on strengthening the institutional capacities of the National Council for Law
Reporting to enable it deliver its institutional mandate through the following activities in the Financial
Year 2016/2017:
i. Development of the revised strategic plan to guide the organizations activities for the next five
years
ii. ICT Automation Baseline Survey - The main objectives of the exercise is to determine the level
of automation from the last financial year in terms of ICT infrastructure and to recommend
improvements to be made with regards to the various ICT services and infrastructure.
iii. Fully optimized universally accessible website – To ensure that our website complies with all
W3C standards of universal accessibility.
iv. Development of an Online Product Catalogue – This will enable the Council advertise its product
on its website which is frequented by thousands daily. This will in turn generate additional
revenue for the organization.
v. Setup, Installation and Commissioning of Air Conditioners – Certain areas within the office
currently experience unbearable heat especially during the afternoon. Installation of these air-
conditioners will allow staff to work in a comfortable environment.
vi. Upgrade of all internal systems – Kenya Law intends to upgrade all internal systems. These include
the Document Management System, the Payroll, the Requisition System and the Knowledge
Management System. These systems will be updated to the latest most logical versions.
vii. Acquisition and Maintenance of ICT equipment – To ensure that all ICT equipment required by
staff to fulfil our mandate is readily available and operational.
viii. Identify areas of cost savings within the organization; institute measures to save costs; track and
report on cost savings.
ix. Implementation of 25% phase of the training need analysis conducted in the previous year;
x. Commencement of organizational restructuring determining a new staff establishment, defining
job roles and reorganizing the reporting lines in a bid to adequately execute Kenya Law’s mandate;
xi. Implementation of employee engagement programs;
xii. Replacement through the recruitment of additional staff in the core departments;
xiii. Procurement of Insurances and Medical Benefits that accrue to staff;
xiv. Procurement of Cleaning and security services;
xv. Undertake Disability Mainstreaming;
xvi. Carry out Mental and Physical health sensitizations programmes such as HIV/ AIDS and Alcohol
and Drug/ Substance Abuse;
xvii. Continues implementation Occupational Health and Safety Act
xviii. Implementation of the Mortgage and Car Loan Scheme in accordance to the government the
circular
xix. Develop and implement an annual internal audit work plan that guides the Kenya Law in its
performance reviews
xx. Conduct regular audits (financial, regulatory, compliance or operational audits) to ensure
effectiveness and efficiency of operations, compliance with applicable laws, policies, procedures
and best practices
xxi. Undertake reviews on all the Council’s financial information and provide assurance to the Audit
Committee on the accounting systems, internal controls and governance processes of the Council
xxii. Develop and implement structures and a policy framework as part of control measures to curb
corruption in the Council
xxiii. Carry out corruption risk assessments, develop and implement a corruption prevention plan
within the Council
xxiv. Undertake quarterly engagements with the Council’s Audit Committee to support it in delivery of
its oversight role and responsibilities
xxv. Continuously liaise with external auditors as appropriate to provide audit coverage to the Council
and follow up on implementation of external audit findings and recommendations.

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p) Branding, Visibility and Corporate Image


In the Financial Year 2016/2017, the organisation will create an institutional brand that enhances the
visibility of the products and services of the organization through:
i. Increase the Annual Sales Revenue and reach the set target of Ksh. 15 M by pitching for repeat
business with existing clients as well as getting new clients on board
ii. Strengthen existing Partnerships with stakeholders in order to enhance Kenya Laws visibility
with LSK, Universities, Judiciary and other strategic partners.
iii. Employ creative sales and marketing strategies to enhance visibility through marketing
campaigns, advertising on mainstream media, Social Media pages and the Bench Bulletin.
iv. Develop an online marketing strategy to drive traffic to the Kenya Law website which would in
turn promote brand visibility.

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12. KENYA LAW STAFF

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
63

NATIONAL COUNCIL FOR LAW REPORTING (KENYA LAW) ANNUAL REPORT 2016 - 2017
ACK Garden Annex, 5th Flr., 1st Ngong Avenue, Off Ngong Road
P.O. Box 10443 GPO 00100, Nairobi - Kenya
Tel: +254 20 271 2767, 20 271 9231, 2011614
Mobile: +254 718 799 464, 736 863 309

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