Transforming Legal Information Into Public Knowledge

Transcription

1 THE NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN Transforming Legal Information Into Public Knowledge

2 Strategic Planning Policy Framework The Council s Strategic Plan is informed by: 1. The Constitution of Kenya 2. The Kenya Vision The Judiciary Strategic Plan Organizational Profile Organization: The National Council for Law Reporting Organization type: Semi-autonomous state agency (SAGA) State Corporation Parent Act: The National Council for Law Reporting Act, Act No. 11 of 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: Kenya Law Reports Address of Principal Office and Contacts: Milimani Commercial Courts, Ground Flr., Ngong Road P.O. Box , Tel ( ) , Fax ( ) NAIROBI KENYA info@kenyalaw.org. Facebook Group : Kenya Law Reports Youtube: Website: Mandate and Functions Source of Mandate: National Council for Law Reporting Act, section 3 Legal Notice No. 29 of 2009 Mandate 1. To Publish the Kenya Law Reports and related publications; 2. To revise, consolidate and publish the Laws of Kenya; 3. To perform such other functions as may be conferred by statute. Vision To be the premier resource institution in Africa providing reliable and accessible legal information to the public. Mission To provide access to public legal information in order to aid the administration of and access to justice, the knowledge and practice of law and the development of jurisprudence. Corporate Slogan Transforming legal information into public knowledge The National Council for Law Reporting Milimani Commercial Courts Ground Floor, Ngong Road Tel: (+254) (020) , Fax: (+254) (020) , NAIROBI-KENYA info@kenyalaw.org Facebook: Kenya Law Reports

3 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN STRATEGIC PLAN i

4 Table of Contents List Of Figures FOREWORD FROM THE CHAIRMAN V 1 NOTE FROM Ag EDITOR/CEO 2 Strategic Planning Policy Framework Organizational Profile Mandate and Functions Vision Mission Official Slogans Core values Principles of Service Strategic Objectives Organization Structure PART I: THE POLICY FRAMEWORK FOR STRATEGIC PLANNING The Constitution And Vision The Governance Pillar Public Administration and Service Delivery The Judiciary Strategic Plan PART II: THE RATIONALE FOR LAW REPORTING 10 PART III: OVERVIEW OF THE NATIONAL COUNCIL FOR LAW REPORTING The National Council for Law Reporting Core Functions The Membership of the Board of the Council The Council s Secretariat Organization Structure Departments 12 ii

5 PART IV: SWOT ANALYSIS Summary of the SWOT Analysis Strengths Weaknesses Opportunities Threats Stakeholder Analysis Humanity/Society The Kenyan Public and Litigants The Government The Judiciary Parliament The Law Society of Kenya (LSK) State Law Office The Kenya School of Law, law faculties, legal training institutions and law students The Kenya Law Reform Commission The Kenya Police Development Partners Staff The Board of the Council 22 PART V: REVIEW OF PAST PERFORMANCE The Establishment of the Council as a semi- autonomous state agency Staff Establishment Standardization and Benchmarking Publications & services The Kenya Law Reports Revision and updating of the Laws of Kenya 27 iii

6 5.4.3 Laws of Kenya and Law Reports Online Bench Research Hotline (BRH) Case Track & Digital Recording & Transcription of Court Proceedings Wide Area Network Digitization of Kenya Gazette & Legal Notices The AKOMA- NTOSO Project Kenya Treaties Series ICT Road shows, Fairs and Exhibitions 30 PART VI: RESOURCE FLOWS FOR THE NATIONAL COUNCIL FOR LAW REPORTING Total Resource Requirement 2009/2010 to 2012/ PART VII: PERFORMANCE EVALUATION Monitoring and Evaluation M & E meetings and reports 32 APPENDIX: STRATEGIC PLAN IMPLEMENTATION MATRICES 33 Editorial Department Research & Development Department Finance Department Laws of Kenya Department Sales, Marketing & Customer Care Department ICT Department Human Resources Department Strategy, Quality Assurance & Performance Evaluation Department iv

7 List Of Figures Figure 1 Official Logo 4 Figure 2 Official Corporate Seal 4 Figure 3 Vision Figure 4 The Key Functions and Goals of the Judiciary 9 Figure 5 Organogram for the NCLR 13 Figure 6 Summary of the Council s Staffing Levels as at July Figure 7 A Summary of the SWOT Analysis 17 Figure 8 Stakeholder Analysis 22 Figure 9 Past,Current and Projected NCLR Resource Flows, 2006/07 to 2012/ v

8 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN FOREWORD FROM THE CHAIRMAN In Presidential Circular No. 1 of 2008 on the organization of the affairs of government, the role of the National Council for Law Reporting is one of the mandates of the Judiciary. Indeed, in the Judiciary Strategic Plan , the vision of the Judiciary is to be the best Judiciary in Africa, setting the highest standards in the delivery of quality justice and leading in the development of jurisprudence. The Judiciary Strategic Plan is aligned with the national development objectives set out in Vision 2030 and the First Medium Term Plan of the Vision. Among the strategic thrusts of the Political/Governance Pillar of Vision 2030 is the Rule of Law and Public Administration and Service Delivery. The Judiciary identifies with the Vision s articulation of the goal of the governance pillar, namely, to foster adherence to the rule of law applicable to a modern, market- based economy in a human rights- respecting state and to engender a policy, legal and institutional framework vital for promoting and sustaining fair, affordable and equitable access to justice. The National Council for Law Reporting was established by the National Council for Law Reporting Act (Act No. 11 of 1994). However, owing to inadequacies in financial, human and infrastructural resources, the Council s Secretariat was not established until Hitherto, the strategic direction and affairs of the Council have been subsumed under the broader strategic plans of the Judiciary, which is its parent institution. This plan is therefore the first strategic plan of the Council and it embodies the vision, mission and values of the Judiciary and by extension, the broader national development goals captured in Vision I would urge the Council s stakeholders particularly the legal, judicial and law enforcement institutions whose roles and expectations have been clearly articulated in the Plan, to strengthen their linkages and inter- agency co- operation with the Council s Secretariat in order to achieve not only the Council s Strategic Plan but also the fulfilment of the stakeholders expectations. The Board of the National Council for Law Reporting is confident that the implementation of the Strategic Plan will not only streamline the functional organization of the Council s Secretariat and enhance its performance- oriented work ethic, but even more importantly, it will ultimately improve access to justice by reliably providing access to public legal information. J.E. GICHERU, EGH CHIEF JUSTICE CHAIRMAN, NATIONAL COUNCIL FOR LAW REPORTING 1

9 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN A NOTE FROM THE Ag. C.E.O In March 2002, when I joined the employment of the National Council for Law Reporting as a research assistant, the institution, having only established a secretariat less than a year previously, was struggling with not only trying to rationalize its place in the grander scheme of things that is the structure of government but also the daunting challenge of bridging two decades of arrears in official law reporting. Eight years later, I can say that the present and the future have never looked brighter for official law reporting in Kenya. The Council is now a fully- fledged state corporation, a regional leader in the dissemination of public legal information and the backlog in law reporting has been significantly reduced. Yet, hitherto, the organizational dynamics and resource mobilization that has led to this transformation has proceeded solely under the strategic plans of the Judiciary, the Council s parent organ. That this is the Council s first independent strategic plan speaks of the coming of age of the Council s understanding of its differentiated role not only as the designated official law reporter for Kenya but also as an internationally recognized institution in the dissemination of public legal information. Even more importantly, the Council, in this strategic plan, boldly stakes its claim to its place in the heritage of humankind and espouses what should be perhaps the ultimate purpose of all human and corporate motivations - making a contribution to the welfare of humanity. Yet, even from this seemingly abstract philosophical posture, this Strategic Plan proceeds to make very practical application of the scientific process in defining the Council s role and mandate and in identifying the ethos, strategies and activities that would lead to the fullest realization of that mandate with optimum use of resources. The implementation of the strategic plan will be greatly complemented by the Organizational Performance Index (OPI), an organizational performance and excellence model administered by the Kenya Institute of Management. By submitting itself to OPI s rigorous standards for corporate excellence, the Council is holding itself up to the same benchmarks and best practices in management that drive not only the best performing public sector institutions but also Fortune 500 corporations. I have no doubt that the application of this Strategic Plan and the OPI model is the ideal prescription for steering the Council to even greater heights of excellence. I wish to thank the Chairman of the Board of the Council, the Hon. Mr. Justice J.E. Gicheru, Chief Justice, and the entire Board for their leadership and support, the staff of the Council for their contributions in the formulation of the strategic plan and our stakeholders whose collaboration and facilitation we will continue to seek in order for us to effectively fulfil our mandate. MICHAEL M. MURUNGI Ag. EDITOR/CHIEF EXECUTIVE OFFICER 2

10 Strategic Planning Policy Framework The Council s Strategic Plan is informed by: 1. The Constitution of Kenya 2. The Kenya Vision The Judiciary Strategic Plan Organizational Profile Organization: The National Council for Law Reporting Organization type: Semi- autonomous state agency (SAGA) State Corporation Parent Act: The National Council for Law Reporting Act, Act No. 11 of 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: Kenya Law Reports Address of Principal Office and Contacts: Milimani Commercial Courts, Ground Flr., Ngong Road P.O. Box , Tel ( ) , Fax ( ) NAIROBI KENYA info@kenyalaw.org. Facebook Group : Kenya Law Reports Youtube: Website: Mandate and Functions Source of Mandate: National Council for Law Reporting Act, section 3 Legal Notice No. 29 of 2009 Mandate 1. To Publish the Kenya Law Reports and related publications; 2. To revise, consolidate and publish the Laws of Kenya; 3. To perform such other functions as may be conferred by statute. Vision To be the premier resource institution in Africa providing reliable and accessible legal information to the public. Mission To provide access to public legal information in order to aid the administration of and access to justice, the knowledge and practice of law and the development of jurisprudence. 3

11 Official Slogan Corporate slogan: Transforming legal information into public knowledge Official Logo Figure 1 Official Logo Official Corporate Seal Figure 2 Official Corporate Seal Core values Our core values include: Professionalism: To apply the highest levels of knowledge, skills, competencies and ethical values in the various disciplines practiced in executing our mandate. Quality and Excellence in service: To provide goods and services that meet the highest standards of quality and to provide friendly, prompt and excellent customer service. Accessibility: To enhance access to public legal information. Reliability: To provide updated and relevant public legal information. Integrity: To conduct our operations professionally, independently, ethically, honestly and fairly. Innovation and teamwork: To harness and apply creativity, teamwork and continuous improvement in providing access to public legal information Transparency and accountability: To openly report on our activities and account for our use of public resources. Principles of Service The Council observes the following values and principles in the provision of its services: High standards of professional ethics Efficient, effective and economic use of resources Responsive, prompt, effective, impartial and equitable provision of services Consideration of the public interest in the process of policy making Accountability for administrative acts 4

12 Transparency and provision to the public of timely, reliable and accurate information Fair competition and merit as the basis of appointments and promotions Representation of Kenya s diverse communities; and Affording adequate and equal opportunities for appointment, training and advancement at all levels without discrimination in gender, origin, creed, colour or political opinion and physical ability. Strategic Objectives 1. To timeously collect, analyse and provide affordable access to accurate and relevant case law in order to aid the administration of and access to justice, the knowledge and practice of the law and the development of jurisprudence. 2. To update, revise and publish the Laws of Kenya and to provide Judicial Officers, the legal community and the public with easy affordable, efficient and timely access to the Laws. 3. To promote and undertake continuing legal research on frontier issues in jurisprudence, to adopt contemporary and appropriate standards and best practices in official law reporting and to provide legal research support to judicial officers. 4. To conceptualize and apply creative, innovative, appropriate, reliable, and integrated technological solutions that enable us to efficiently and effectively fulfil our vision and mission. 5. To establish the Council as a benchmark institution in the prudent planning, management, allocation and accounting for financial and capital resources as well as the management of knowledge. 6. To create an organizational framework that ensures the recruitment, selection, management, remuneration, development and rewarding of our human resources and an organizational culture that optimizes productivity and efficiency, encourages innovativeness and creativity and fosters positive inter- personal relations and social responsibility. 7. To develop and implement marketing goals and strategies that foster public knowledge and information about the Council s goods and services establishing the Council s brands as market leaders and providing customer care services that are timely, courteous, responsive and exceed the needs of our customers. 8. To acquire adequate, spacious, ergonomic and appropriate premises for the Council s Secretariat. 9. To secure the financial strength and sustainability of the Council by conceptualizing and implementing innovative and sustainable business models for deploying the Council s goods and services. 10. To develop and administer the Strategic Plan for the Council, to continuously monitor, measure and evaluate the implementation of the Plan, and to establish a reference point for departmental activities for quality assurance, knowledge management and continuous improvement. 5

13 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN Figure 2 Organization Structure 6

14 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN PART I: THE POLICY FRAMEWORK FOR STRATEGIC PLANNING The following instruments constitute the overarching policy framework for the Council s Strategic Plan: The Constitution of Kenya Vision 2030 The Judiciary Strategic Plan The Constitution and Vision 2030 The Constitution of Kenya is the supreme law of the land. It establishes the entity that is the Republic of Kenya; creates and defines the framework of government and governance and defines the rights and freedoms of the individual and the limits within which those rights are to be enjoyed. The Kenya Vision 2030 is Kenya s new blueprint for national development covering the period 2008 to It aims to make Kenya a newly industrializing, middle income country providing high quality life for all its citizens by the year The vision is based on three pillars namely; the economic pillar, the social pillar and the political pillar. The vision s programme plan came after the implementation of the Economic Recovery Strategy for Wealth and Employment Creation (ERS) which had seen the country s economy back on the path to rapid growth since 2002, when GDP was at 0.6% rising to 6.1% in Figure 3 Vision 2030 Source: National Economic and Social Council The Governance Pillar Among the strategic thrusts of the Political/Governance Pillar are: 1. Rule of Law 2. Public Administration and Service Delivery The 2030 Vision is adherence to the rule of law applicable to a modern, market- based economy in a human rights- respecting state. The goal for 2012 is to enact and operationalise the policy, legal and institutional framework vital for promoting and sustaining fair, affordable and equitable access to justice. Specific strategies involve: Aligning the national policy and legal framework with the needs of a market- based economy and national human rights and gender equity commitments; 7

15 Increasing service availability and access (or reducing barriers) to justice; Streamlining the functional organisation (including professionalization) of legal and judicial institutions to enhance inter- agency cooperation; and Inculcating a culture of compliance with laws and decent human behaviour Public Administration and Service Delivery The 2030 Vision is policy- driven and service- focused government institutions. The goal for 2012 is to enact and operationalise necessary policy, legal and institutional framework needed to strengthen public administration and service delivery. Specific strategies involve: Strengthening rules and processes around the policy cycle; Deepening use of citizen and service charters as accountability tools; Strengthening economic governance for better macroeconomic management; and Inculcating a performance culture in the public service. 1.2 The Judiciary Strategic Plan Presidential Circular No. 1 of 2008 dated May 30, 2008 on the organization of the affairs of Government set out the mandate of the Judiciary as: The Administration of Justice Judicial matters The Court of Appeal The High Court Magistrate s Courts Kadhi s Courts The Judicial Service Commission and The National Council for Law Reporting Vision of the Judiciary The vision of the Judiciary is to be the best Judiciary in Africa, setting the highest standards in the delivery of quality justice and leading in the development of jurisprudence. Mission statement of the Judiciary The mission of the Judiciary is to provide an independent, accessible, responsive forum for the just resolution of disputes in order to preserve the rule of law and to protect all rights and liberties guaranteed by the Constitution of Kenya. Key functions and goals of the Judiciary 8

16 Figure 4 The Key Functions and Goals of the Judiciary Key Function Goal Hearing and determination of criminal and civil disputes Provide expeditious dispensation of justice Constitutional interpretation and protection of rights and liberties for all Safeguard the rights and liberties for all Probate and administration Facilitate probate and administration of estates Formulation and implementation of judicial Efficient delivery of judicial services policies Compilation and dissemination of legal Achieve predictable justice information for effective administration of justice Source: Judiciary Strategic Plan Core Values of the Judiciary: The values of the Judiciary are: Professionalism Independence Integrity Excellence in service Teamwork Fidelity to the law and the Constitution Transparency and accountability 9

17 PART II: THE RATIONALE FOR LAW REPORTING Kenya is a member of the Commonwealth and its legal system bears strong historical and contemporary similarities with the English Common Law. One of the hallmarks of the English Common Law is the doctrine of precedent, which is expressed in the Latin maxim: Stare decisis et non quieta movere, meaning maintain what has been decided; not alter that which has been established. This maxim and the doctrine of precedent captures the legal principle under which judges are obliged to follow the precedents established in prior decisions. A precedent is a judgment or decision of a court, normally recorded in a law report, which is used as an authority for reaching the same decision in a subsequent case that has similar issues for determination. The application of the doctrine of precedent generally means that cases involving similar circumstances should be decided by the application of similar principles of law, and that the decision of a high ranking court should act as a binding precedent on a court lower in the hierarchy. The Court of Appeal is the highest court in Kenya. Therefore, its decisions are binding upon the High Court, which is the second court in the hierarchy, and also on the subordinate/magistrates courts, which include the Kadhis courts. In order to eliminate the absurdities which may result from a rigid application of the doctrine, the Common Law evolved certain mechanisms for, firstly, purging from the body of established precedent those decisions which are no longer regarded as good law and secondly, for avoiding the unmitigated application of a precedent which does not apply to the circumstances of the case at hand. Therefore, having regard to their hierarchy, courts have the liberty to overrule or distinguish previous case law respectively. The doctrine of precedent presupposes the continuous monitoring, preservation and publication of judicial opinions law reporting. Law reporting is an established tradition in the Commonwealth and it is an essential feature of many legal systems. Three other benefits of law reporting have been identified. a. First, it offers opportunities for the development of the law and the evolution of jurisprudence which cannot be provided by parliament. The courts can more quickly lay down new principles, or extend old principles, to meet novel circumstances. b. Secondly, it ensures certainty in the law. People are able to order their affairs and come to settlements with a certain amount of confidence when the outcome of litigation can be predicted by referring to previous decisions of the courts. c. Finally, it is a tool of impartiality and transparency for judicial officers. Generally a judge is bound to follow the law enunciated in a previous case unless he or she can overrule or distinguish it and moreover, the decision is published and disclosed to the society as a public record. 10

18 PART III: OVERVIEW OF THE NATIONAL COUNCIL FOR LAW REPORTING 3.1 The National Council for Law Reporting The National Council for Law Reporting is a corporate body established under the National Council for Law Reporting Act (Act No. 11 of 1994) (the NCLR Act). For the purposes of the organization of the affairs of government, the Judiciary is the parent organ of the Council. 3.2 Core Functions The mandate of the National Council for Law Reporting is outlined in the Act as: - the preparation and publication of the reports to be known as the Kenya Law Reports, which shall contain judgments, rulings and opinions of the superior courts of record; - undertake such other publications as in the opinion of the Council are reasonably related to or connected with 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. By virtue of Legal Notice No. 29 of 2009, the Attorney General s office delegated the powers of law revision conferred on it by the Revision of Laws Act (Cap. 1) to the National Council for Law Reporting. The Core functions of the Council are therefore: 1. To Publish the Kenya Law Reports and related publications; 2. To revise, update and publish the Laws of Kenya. 3.3 The Membership of the Board of the Council The Membership of the Board of the Council is prescribed in section 4 of the NCLR Act. It is comprised of: 1. The Chief Justice (Chairman); 2. The Attorney General or his representative; 3. A Judge of the Court of Appeal nominated by the Chief Justice; 4. A Judge of the High Court nominated by the Chief Justice; 5. A public officer being an advocate nominated by the Attorney General; 6. Two advocates of not less than seven years standing nominated by the Law Society of Kenya; 7. The Dean of the Faculty of Law, University of Nairobi or his representative; 8. The Government Printer or his representative and; 9. The Editor 3.4 The Council s Secretariat The Editor is the Chief Executive Officer of the Council. Under section 7 of the NCLR Act, the Editor is appointed by the Attorney General upon the recommendation of the Council. Subject to the general control of the Board of the Council on matters of 11

19 policy, the Editor is responsible for the preparation and publication of the Kenya Law Reports and for such other publications as may be approved by the Council 3.5 Organization Structure The Council s Board The Editor The Senior Assistant Editor and The Secretary The Assistant Editors and Line Managers Departmental Staff Departments Strategy, Quality Assurance and Performance Evaluation Department Editorial Laws of Kenya Research and Development Information and Communications Technology (ICT) Human Resources and Administration Finance Sales & Marketing 12

20 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN Figure 5 13

21 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN Figure 6 Summary of the Council's Staffing Levels as at July 2010 Editor (Ag.) Snr. Asst. Editor (Ag.) Asst. Editor (Ag.) Snr. Law Reporter Asst. Reporter Publishing Assistant Copyreader Project Assistant Proofreader Legal Researcher Web & Systems Developer Asst. Systems Administrator HR Officer Accountant Accounts Assistant Procurement Assistant Layout Assistant Data Entry Library Officer Library Asst Collection Agent Sales Assistant Admin. Assistant Typist Driver Receptionist TOTAL

22 PART IV: SWOT ANALYSIS 4.1 Summary of the SWOT Analysis An analysis of the strengths, weaknesses, opportunities and threats (SWOT) was carried out to identify the National Council for Law Reporting s internal strengths and weaknesses (Internal Analysis) in relation to external opportunities and threats (External Analysis). The basis for this analysis is to identify and take action to leverage the strengths and opportunities and eliminate or cope with weaknesses and threats. The weaknesses that exist affect the level of service delivery. The external environment on the other hand provides the opportunities available and the threats that may affect the NCLR s operations Strengths The NCLR has identified a number of strengths related to the execution of its mandate and general operations. These are highlighted below and summarized in Table 2. The Council derives its mandate from the National Council for Law Reporting Act No. 11 of As a state corporation, the Council receives the financial and technical support of the government; The Council is by law the designated official Law reporter of the Republic of Kenya and the designated bearer of the official legal mandate for the revision and updating of the Laws of Kenya. The Council has the delegated mandate from the Attorney General to revise and update the Laws of Kenya. The Council is valued by the Judiciary as a key resource institution providing essential goods and services for the administration of justice; The Council s leadership is vested in a Board that draws its membership from a cross- section of the Council s stakeholders and led by His Lordship the Chief Justice; The Council has an established Secretariat with a pool of energetic and highly qualified staff. The Council has an established network of local and international partners; The Council has established the Kenya Law Reports as a strong brand name and established itself as a centre of excellence in law reporting, law revision and the use of ICT as a tool to aid business operations; The Council enjoys the goodwill and support of Kenya s development partners Weaknesses The major weaknesses of the Council include: Lack of a Strategic Plan Inadequate infrastructure; 15

23 Backlog in law revision Inadequate human resource capacity; Poor financial resource allocation by the Treasury; High staff turnover due to uncompetitive terms and conditions of service; An existing backlog in the publication of the Kenya Law Reports; The absence of a strategic plan for the Council Opportunities The NCLR s opportunities include: Goodwill and support from the Government, the Judiciary and development Partners; A ready and burgeoning market for legal information; Current and emerging technological tools for re- engineering business operations, improving productivity and customer satisfaction; Current and emerging technologies to assist the NCLR perform its functions. The hope for a new legal, social and economic order from the conclusion of the process for the review of the Constitution of Kenya; Further leveraging on existing partnerships or creating new partnerships to meet the resource needs of the Council; The availability of competent and qualified professionals in the job market. The availability of new and spacious premises for the Council at the proposed new headquarters of the Judiciary in the former Income Tax Building, Community Area, Nairobi Threats The main threats posing challenges to NCLR s effective service delivery include: Lack of adequate resources to effectively fulfil NCLR s mandate. Competition from the private sector in the provision of public legal information. Legal risks and liabilities associated with publishing and the dissemination of information. Changes in technology The threat of political, social and economic instability in the country. High levels of poverty and high levels of illiteracy negatively impacting on the demand for legal information services. 16

24 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN Figure 5 A Summary of the SWOT Analysis Strengths - The Council derives its mandate from the National Council for Law Reporting Act No. 11 of As a state corporation, the Council receives the financial and technical support of the government; - The Council is by law the designated official Law reporter of the Republic of Kenya and the designated bearer of the official legal mandate for the revision and updating of the Laws of Kenya. - The Council has the delegated mandate from the Attorney General to revise and update the Laws of Kenya. - The Council is valued by the Judiciary as a key resource institution providing essential goods and services for the administration of justice; - The Council s leadership is vested in a Board that draws its membership from a cross- section of the Council s stakeholders and led by His Lordship the Chief Justice; - The Council has an established Secretariat with a pool of energetic and highly qualified staff. - The Council has an established network of local and international partners; - The Council has established the Kenya Law Reports as a strong brand name and established itself as a centre of excellence in law reporting, law revision and the use of ICT as a tool to aid business operations; - The Council enjoys the goodwill and support of Kenya s development partners. Weaknesses - - The absence of a strategic plan for the Council - Inadequate infrastructure; - Backlog in law revision - Inadequate human resource capacity; - Poor financial resource allocation by the Treasury; - High staff turnover due to uncompetitive terms and conditions of service; - An existing backlog in the publication of the Kenya Law Reports; 17

25 Opportunities Goodwill and support from the Government, the Judiciary and development Partners; A ready and burgeoning market for legal information; Current and emerging technological tools for re- engineering business operations, improving productivity and customer satisfaction; The hope for a new legal, social and economic order from the conclusion of the process for the review of the Constitution of Kenya; Further leveraging on existing partnerships or creating new partnerships to meet the resource needs of the Council; The availability of new and spacious premises for the Council at the proposed new headquarters of the Judiciary in the former Income Tax Building, Community Area, Nairobi. Threats/Challenges Lack of adequate resources to effectively fulfil NCLR s mandate. Competition from the private sector in the provision of public legal information. Legal risks and liabilities associated with publishing and the dissemination of information. The threat of political, social and economic instability in the country. High levels of poverty and high levels of illiteracy negatively impacting on the demand for legal information services. 18

26 NATIONAL COUNCIL FOR LAW REPORTING STRATEGIC PLAN Stakeholder Analysis The success of the strategic plan will ultimately depend on a proper identification and engagement with the NCLR s stakeholders. The key stakeholders of the NCLR are Humanity/Society The Kenyan public Litigants The Government of Kenya The Judiciary Parliament The Law Society of Kenya and its members The Kenya School of Law, law faculties, legal training institutions and law students The State Law Office Kenya Law Reform Commission The Kenya Police Development partners Members of staff The Board of the Council Humanity/Society The NCLR and its staff are part of the collective family of humanity. As such, its activities impact on not only the natural environment but also on the common heritage and destiny of humankind. The NCLR in its corporate capacity and also its individual members of staff therefore have a role to play in the welfare of nature and the progress and advancement of humankind. Ultimately, the fulfilling of the NCLR s statutory mandate is not an end in itself but is a step in making the world a better place The Kenyan Public and Litigants As the designated official publisher of the official law reports of the Republic of Kenya, and as the bearer of the mandate for the revision and updating of the Laws of Kenya, the Kenyan public depends on the NCLR for access to public legal information. Litigants also need to The Government NCLR is a state corporation established by and funded through monies set aside for it by the Government. The NCLR therefore depends on the Government for the allocation of adequate financial resources and in turn, the Government depends on the NCLR for the generation of revenue (Appropriation- in- Aid) and for the provision of legal information services to all Government agencies, particularly those in the chain of justice, including, the Police Department, the Prisons Service, Probation and Aftercare, Community Service Orders, and the Ministry of Justice and all its associated institutions. 19

27 4.2.4 The Judiciary The Judiciary is the parent Ministry of NCLR and is thus a key stakeholder. The Judiciary depends on the NCLR for the timely, accurate and comprehensive publication of the Kenya Law Reports and other legal information. In turn the NCLR expects the Judiciary to avail to it the judicial decisions in a timely and efficient manner. The Judiciary is therefore both a source of the raw material for the Kenya Law Reports and one of the primary consumers. Law Reporting is also a tool of transparency and accountability for the Judiciary Parliament Parliament is the country s supreme law- making organ. Along with the Judiciary and the Executive, it is one of three arms of government. In its law- making role, Parliament is the primary source of the Acts of Parliament which comprise the Laws of Kenya. The revision and updating of the Laws of Kenya being one of the mandates of the Council, Parliament and the Council have a mutuality of stakes in the Laws of Kenya Parliament depends on the Council to update the Laws of Kenya in accordance with the Acts passed by it whereas the Council on its part depends on Parliament to timeously avail to it the content of the Bills and Acts that are being considered or have been passed by it The Law Society of Kenya (LSK) The Law Society of Kenya (LSK) is the professional members organization for Advocates who provide legal services to the litigants. Like the Judiciary, the LSK, through its members, depends on the NCLR for the timely, accurate and comprehensive publication of the Kenya Law Reports and other legal information State Law Office The State Law Office is responsible for the prosecution of the criminal cases and represents the state in civil matters. To achieve efficiency in the operation of the Justice system, the state law office requires NCLR to provide timely access to law reports and other legal information. The State Law Office needs access to updated and reliable legal information so as to provide the Government of Kenya with legal advice and also prosecute persons suspected of criminal offences. Secondly, as the donor of the National Council for Law Reporting s mandate to revise and update the Laws of Kenya, it expects the National Council for Law Reporting to fully and effectively fulfil that mandate. 20

28 4.2.8 The Kenya School of Law, law faculties, legal training institutions and law students The practical interface between legal theory and the activities and relationships of individuals is a core ingredient of the curriculum of legal training and education institutions. As such, access to judicial opinions which make determinations on the competing claims if various individuals in law and other legal information are an important knowledge resource for legal education and training The Kenya Law Reform Commission The function of the Kenya Law Reform Commission is to contribute to the systematic reform, harmonization and simplification of the Laws of Kenya. Judicial opinions are an important barometer for evaluating the constitutionality, propriety, effectiveness, redundancy, applicability and utility of statutory legislation. Judicial pronouncements relating to one or more aspects of constitutional and statutory law that are in need of reform are an important driver of the law reform process. As such, the Kenya Law Reform Commission depends on the NCLR to identify such pronouncements and to bring them to its special attention. The Commission also depends on the NCLR for the revision and updating of the Laws of Kenya The Kenya Police In fulfilling its mandate to maintain law and order and in assisting the State Law Office in the prosecution of offenders, the Kenya Police need access to information that assists it to map crime patterns, detect and prevent crime, obtain the profile of repeat offenders and accurately interpret and enforce the law Development Partners Various Development Partners have partnered with Kenya on the achievement of the United Nation s Millennium Development Goals (MDGs), the improvement of the lives of citizens, the entrenchment of good governance in public institutions and securing the protection of fundamental human rights. To that end, they partner with government institutions in providing technical and financial capacity for the achievement of these goals. Development Partners depend on the partnering government institutions for efficient and effective use of and accounting for resources Staff The Council staff provide the human capital or resources that are necessary to achieve the goals and objectives of the Council. The efficiency and effectiveness of the employees is therefore critical to the mission of the Council. In turn, the staff depend on the Council for good terms and conditions of service and a positive organizational culture that fosters creative freedom and personal growth and fulfilment. 21

29 The Board of the Council The Board of the Council, which is constituted under section 4 of the National Council for Law Reporting Act, is the supreme governance organ of the Council. It is responsible for the provision of policy direction and leadership to the Council s Secretariat. The Board s stake in the affairs of the Council is therefore the effective implementation of government policy and the efficient discharge and achievement of the mandate set for the Council under the Act. Figure 6 Stakeholder Analysis Stakeholder Stake or Role Expectation Humanity/Society The advancement of A good corporate citizen society through human contributing to the progress. advancement and wellbeing of 22 both humanity and nature. Timely access to updated, relevant and reliable public legal information Kenyan Public The source of the Government s mandate and the consumers of the Council goods and services. The Government of Ensuring quality of life for An efficient state corporation Kenya Kenyans, enhancing that effectively fulfils its efficient and proper statutory mandate and application of public complies with all laws, resources through good regulations and guidelines. corporate governance and ensuring quality public services. The Judiciary Administration of justice Timely access to updated, relevant and reliable legal information. Law Reporting as a tool of Judicial accountability and transparency. Parliament The Law Society of Kenya and its Members Kenya School of Law, Law Faculties, legal training institutions, law students State Law Office The country s supreme law- making organ Timeous updating and revision of the Laws of Kenya in accordance with the Acts passed by Parliament. Legal representation Timely access to updated, relevant and reliable legal information Legal information, education and training. Providing legal advise to the Government of Timely access to updated, relevant and reliable legal information Timely access to updated, relevant and reliable legal

30 Kenya Law Reform Commission Kenya Police Kenya, offenders. prosecuting Donor of statutory mandate for the revision and updating of the Laws of Kenya Keeping Kenyan law under continuous review and reform Maintenance of law and order, prosecution of offenders. information. Effective revision and updating of the Laws of Kenya. Access to information on particular areas of law in need of reform. Access information on crime history, crime statistics and legal information. Litigants Consumers of justice Timely access to updated, relevant and reliable legal information Development Partners Members of Staff of the National Council for Law Reporting. The Board of the National Council for Law Reporting Financial and technical support Efficient performance of duties and responsibilities Providing policy leadership and policy direction to the Council s Secretariat Improved livelihoods of Kenyan citizens, proper, efficient and accountable use of development resources. Good terms and conditions of service, positive organizational culture that fosters creative freedom and personal growth and fulfilment Effective and efficient application of policy in achieving organizational goals and objectives 23

31 PART V: REVIEW OF PAST PERFORMANCE 5.1 The Establishment of the Council as a semi- autonomous state agency Since its inception in 2001, the Council was managed as a department within the Judiciary. The Council s affairs were therefore subsumed under the Strategic Plan of the Judiciary. In 2004, the Chief Justice and Chairman of the Council, the Hon. Mr. Justice J.E. Gicheru, appointed a Task Force for the Delinking of the Council from the Judiciary. The Task Force was comprised of representatives to the Council s Board and management, the Directorate of Personnel Management, The Treasury and The Inspectorate of State Corporations. The Task Force held various meetings and deliberations and prepared a Report (The Report of the Taskforce on the Delinking of the NCLR from the Judiciary) detailing the legal requirements that needed to be complied with and the institutional and operational changes that needed to be made in order for the NCLR establish itself as a semi- autonomous state agency (SAGA). The key recommendations of the Task Force, whose details are contained in the report, were the following: - That NCLR apply the provisions of the State corporations Act, the NCLR Act and other Government procedures relating to autonomy of state corporations That the financial autonomy of the NCLR entitled it to be funded from public resources and hence all legislation, regulations and procedures relating to financial management of public entities and state corporations in particular would apply to NCLR; The financial and operational autonomy of the NCLR required the internal re- organisation and establishment of appropriate institutional and physical infrastructure. To strengthen its operations, the NCLR would review the terms and conditions of service for the staff of its secretariat to ensure that it attracted and retained adequate and qualified staff and that its terms and conditions of employment reflected the practice in other state corporations; and That the Judiciary as the parent ministry of the NCLR had the responsibility to ensure that the delinking processes was successful and that the transfer of necessary staff and the handing over of financial and physical structures is undertaken smoothly. The delinking report was adopted by the Board of the Council in September 2005 The NCLR has since then established itself as a semi- autonomous state agency. 24

32 5.2 Staff Establishment Staff Count: The human resource situation in the NCLR has steadily improved both qualitatively and quantitatively since its inception. Presently, the Staff Count stands at 60. In late 2009, the Council concluded a round of recruitment and interviews which resulted in the hiring of a Human Resources Officer, a Systems Administrator, two Web Developers and an Assistant Projects Officer. These interviews were part of an ongoing plan to move the Council towards a new staff establishment in response to the growth of the organization and the needs of our customers and stakeholders. New staff structure: As part of the Council s strategic planning process, the NCLR has prepared a new staff structure involving eight departments o Strategy, Quality Assurance and Performance Evaluation o Editorial o Laws of Kenya o Legal Research and Development o ICT o Human Resources and Administration o Finance o Sales, Marketing and Customer Care The structure represents the job descriptions, staffing levels and chain- of- command configuration that would be optimum and ideal for the Council based on its current needs, a projection of its future growth and the rapidly evolving and dynamic needs of the judiciary and the legal community which constitute the Council s principal stakeholders. 5.3 Standardization and Benchmarking In 2005, the Council s Editorial staff conducted a Bench- marking tour of two institutions internationally renowned for their long history and experience of law reporting: the Incorporated Council for Law Reporting for England and Wales and Lexis- Nexis UK. The tour also involved a five- day course at the University of Warwick in Coventry on contemporary standards, challenges and their emerging solutions in official law reporting. The Tour helped the Council to benchmark against international best practices in law reporting. The Council has since established an editorial policy, guidelines, workflows and standards that match up to the rigorous standards applied by the leading peer institutions. The Council has also joined and is an active participant in associations of its peer institutions: The Association of Reporters of Judicial Decisions (ARJD) The ARJD is a professional membership organization open to individuals working with government or non- governmental agencies involved in the publication of case law and statute law. ARJD's purpose is to improve the accuracy and efficiency of the reporting of judicial decisions. The Association also serves as a forum for communication and cooperation among official Reporters and others in the legal publishing profession. 25

33 The Association was founded in 1982 by Henry C. Lind, the Reporter of Decisions for the United States Supreme Court Current members work for their courts in the United States, Puerto Rico, the Northern Mariana Islands, Canada, England, Mexico and Kenya. The Council joined the ARJD in 2006 and it has been an active participant in all ARJD activities, including the Association s Annual Meeting. The Free Access to Law Movement The Free Access to Law Movement is the umbrella name for the collective of legal projects across several common law countries to provide free online access to legal information such as case law and legislation. The movement began in 1992 with the creation of the Legal Information Institute by Tom Bruce and Peter Martin at Cornell Law School. As part of its obligations as a member of the movement and signatory to the Declaration of Free Access to Law, the Council is a member of the family of Legal Information Institutes (LIIs) which subscribe to the following propositions: Public legal information from all countries and international institutions is part of the common heritage of humanity. Maximising access to this information promotes justice and the rule of law; Public legal information is digital common property and should be accessible to all on a non- profit basis and free of charge; Independent non- profit organisations have the right to publish public legal information and the government bodies that create or control that information should provide access to it so that it can be published. NCLR a Benchmark in Africa It is has also established itself as a leading institution in Africa in official law reporting and has become a benchmark for other African countries: In March 2010, the Council conducted and facilitated the training and bench marking tour of officials from the Uganda Law Development Centre (ULDC), the official publisher of the Uganda Law Reports. In September 2009, the Council was a resource institution during a training programme on the revival of official law reporting in Liberia facilitated by the World Bank at the Liberia Supreme Court, Monrovia in September In July 2009, the Council, under the auspices of the Open Society Institute (South Africa Chapter), worked with the Malawi Judiciary and the Malawi Law Society on the revival of the Malawi Law Reports in Blantyre, Malawi. In April 2009, the Council hosted Ms. Tebogo Tombale, a State Counsel from Botswana, on a training and bench- marking tour on official law reporting. 5.4 Publications & services The Kenya Law Reports The publication of the judicial opinions of the High Court and the Court of Appeal of Kenya is the Council s primary mandate. At the time that the Council began its operations in 2003, the Kenya Law Reports, and indeed official law reporting in Kenya, was over two decades in arrears. So far, the Council has published the 26