Centre For Legal Research & Policy Development

REVIEW OF LEGISLATION

Centre-for-Legal-Research--Policy-Development

We undertake review of statutory legislations and general public laws and advice our clients on their intentions, rights and obligations arising therefrom, and manner of implementation. With the promulgation of the Constitution of Kenya in 2010, there has been enacted a host of legislations, with expansive implications. These legislations affect every most spheres of private but mostly Government and public sector. Accordingly, stakeholders should be enlightened of their shot-term and long-term implications, as well as their constitutionality, enforceability, possible challenges to implementation and potential inconsistencies in interpretation, and recommendations on implementation.

LEGISLATIVE DRAFTING

With the frequent societal changes, need often arises for change of legislation to meet contemporary developments in Government and public sector, private sector, as well as domestic environments.

We assist our clients to participate in law making process by developing draft legislations, including regulations to Acts of Parliament, for their consideration, and eventual lobbying and or recommendation to relevant authorities for enactment into law.

Our work is to draft or write new laws (legislation); or changes or amendments to existing laws, as required by the Government. This legislation includes:

  • Acts (laws approved by Parliament); and
  • Subsidiary legislation (laws made under the power of an Act).

A bill (proposed Act) is a proposed law that is written or drafted to be debated in and approved by Parliament before it can become an Act of Parliament. Parliament includes the House of Representatives, the Senate, and the President. A Bill is approved by Parliament after it has been passed by the both National Assembly and signed (assented) by the President. It will officially become law when it is published in the Government Gazette.

Subsidiary legislation (e.g. regulations, order, bylaws, rules, etc) is made by a person or body authorized in the Act. In most cases, a Minister is normally given power to make subsidiary legislation. Subsidiary legislation does not require approval of Parliament to become a law. It will require the approval of Cabinet before the Minister can make the subsidiary legislation

We advise or give opinion to Government Ministries/departments on their initial intention to make new legislation or to amend existing legislation.

Whenever required, we give opinion on the legal meaning of provisions of existing legislation.

We also assist in explaining Bills to committees of Parliament (Sector Standing Committees or select committees), members of parliament, state corporations, when required, to the Government Caucus (all members of Parliament that form the Government side), private sector stakeholders as well as individual citizens.

Some of our recent experiences include participating in drafting of legislations for implementation of the Constitution, law relating to tourism, and coffee industry.

DEVELOPMENT OF PUBLIC POLICY

A policy is a statement of intention, strategy, principles and course of action, taken by Government. Policies may be developed pursuant to a legislation, in which case, they provide detailed guidelines on how certain things aspect of public affairs are to be managed. Policies may also precede legislations, in which case, they form, temporary State sanctioned modus operandi pending enactment of legislation to government a particular aspect of public affairs. In the latter instance, a Public Policy may subsequently inform the backbone of ensuing legislation.

Public Policy documents are detailed official government documents which informs the modus operandi for various stakeholders in both public and private sector.

Our advocates have participated in development and or review of public policies.

LEGAL COMPLIANCE AND LEGAL AUDITS

In public sector and private business, the cost of resolving a legal dispute or dealing with a compliance investigation can be substantial, not just on money terms but also in director and management time that might more productively be spent on driving the organization forward.

Why Undertake a Compliance Audit

Generally, prevention is better than cure and invariably cheaper. In fact, globally, well-run, successful companies use audits to improve performance and assure compliance with the many local, federal, and international laws and regulations. Non-compliance with laws and regulations can cause sudden, significant losses.

Thus, a proactive compliance audit exercise will:

  • Demonstrate compliance to authorities;
  • Avoid legal violations and unpredictable losses, ensure there are no unpleasant surprises, and thus create a secure greater security;
  • Take advantage of all laws including tax-friendly business structures;
  • Align employee conduct with corporate objectives;
  • Increase the efficiency of the business;
  • Create shareholder value;
  • Enable stakeholders expectations to be managed more efficiently; and
  • Reveal unknown business opportunities and provide a launch pat to further growth.

Accordingly, an audit operates as an annual health check on the most important legal and compliance risks, giving an entity a sense of confidence and security in its operation in the market.

Scope of our Legal Audit Services

Our legal compliance audit services are cost-efficient, thorough, and solution-focused, examining a wide range of issues. The Practice is divided into three main categories, namely:

  • Legal Compliance Audit;
  • Corporate Structure Audit; and
  • Litigation Audit.
Legal Compliance Audit

We will interrogate: Choice and structure of the entity; Recent acts of the Board of Directors and documentation (or lack thereof) relating to those decisions; Protection of intellectual property; Forms and methods of distribution and marketing; Pending or threatening litigation; Insurance coverage; Hiring and firing practices; Laws applicable to the operations of the organization; Employment Agreements and Employment Laws; as well as A review of sales and marketing practices.

Corporate Structure Audit

In this regard, we will determine whether: you are holding shareholders’ and directors’ meetings and prepare minutes; the company complying with these minutes; officers are acting in accordance with their authority; Examine whether documents are being properly retained; Assess if all stock has been properly issued; and Review ownership documentation for subsidiaries.

Litigation Audit

Litigation Audit report will reveal: whether your organization use litigation plans; how you hire, pay and manage outside counsel; litigation information systems to see how litigation information is communicated to and acted upon by senior management; issues of choice of jurisdictions; cost, efficiency and quality of counsel; and whether company is making adequate use of early settlement options, that is, Alternative Dispute Resolution processes.

METHODOLOGY

In carrying out legal audits, we undertake, among others:

  • Properly define the problem and create a definitive Audit Plan with specific deliverables and deadlines;
  • Review of Strategic Plans and objectives;
  • Review of Key Documents and records;
  • Analyze and identify current and projected legal needs of the entity;
  • Lay groundwork for the establishment of ongoing compliance and prevention programmes in order to ensure that the entity’s goals, structures and ongoing operations are consistent with the latest developments in the business; and
  • Help managers identify legal issues triggered by changes in strategies, goals and objectives, and allow planning for the legal tasks that must be accomplished as a result of the issues identified.

We work closely with you and your management, internal and external counsels, and other advisers to begin the process. The process includes document review, questionnaires and interviews. We endevour to uncover your problems, potential risk areas and report them to you in an actionable way.

A successful audit will generate a Compliance Checklist that improves your business, in addition to searching for non-compliance. The audit will generate best practices recommendations which will allow you to seize opportunity and to prevent liability.

Our Target Clients

The main consumers of our compliance audit services are mostly corporate entities, including: State corporations; Government ministries; Commissions of Inquiries; Limited liability companies especially financial institutions; Non-Governmental Organizations (NGOs); and Trust Foundations.

REGULATORY LAW

We understand the complexities and regulatory requirements of numerous regulatory bodies in Kenya.

Key among these include: Energy Regulatory Board, Privatization Commission, Insurance Regulatory Authority, Capital Market Authority, Deposit Protection Fund Board, Retirements Benefit Authority, Kenya Revenue Authority, Competition Authority of Kenya, Kenya Airports Authority (KAA), Kenya Civil Aviation Authority (KCAA), Transport Licensing Board, Kenya Bureau of Standards, Export Processing Zones Authority, Betting Control & Licensing Board, Water Services Regulatory Board, Tea Board of Kenya, NGO Co-ordination Board, National Environment Management Authority, Kenya Maritime Authority, Kenya Sugar Board, Kenya Dairy Board, Coffee Board of Kenya, Communications Commission of Kenya, Kenya Investment Authority, Public Procurement Oversight Authority, Kenya Trade Network Agency, Kenya Ports Authority (KPA), National Irrigation Board Sisal Board of Kenya, Kenya Plant Health Inspectorate Services, Kenya Industrial Property Institute Horticultural Crops Development Authority, Council for Legal Education, Commission for Higher Education, Kenya Wildlife Service, etc.

Advisories and Representation

We assist our clients navigate the regulatory arena through advisories and representations before these bodies.

Permits and Approvals

We assist our clients obtain the necessary licenses, permits and approvals from these bodies.

Confidentiality

As we are a legal consultancy firm, our advice and reports are subject to legal professional privilege, and therefore, we guarantee confidentiality of the information we come across and the advice we render to you in compliance with regulatory requirements.