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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
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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.
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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.
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CHAIRMAN
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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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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
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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
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.
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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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
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;
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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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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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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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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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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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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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.
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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.
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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.
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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.
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Kenya Gazette Kenya Law Blog Case Search Lo K Database Main Website Total
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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.
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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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The notes set out on pages 6 to 25 form an integral part of the Financial Statements
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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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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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Deferred Income 0 0 0
Expenses
Finance cost 0
252,000 252,000
Rent paid 23,235,377 0 23,235,377
Other payments
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2016 - 2017
017 2016 - 2017 2016 - 2017
Kshs
shs Kshs Kshs
0 4,200,475 4,200,475 0
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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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(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.
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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.
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.
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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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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.
Kshs
Balance as at 30 June 2016 171,705,851
Depreciated on donated assets (transferred to deferred incomes) (4,200,475)
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2017 2016
Kshs Kshs
Employee Related Costs - Salaries & Wages 57,301,691 49,309,908
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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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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
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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
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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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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
NCLR has no commitments to operating leases in the later than 5 Years category.
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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.
The financial risk management objectives and policies are as outlined below:
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
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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.
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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
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
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’)
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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
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).
There were no issues raised by the external auditor from the previous financial year(s) that were still
outstanding as at 30th June 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.
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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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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