Bench Bulletin Issue 20

A Publication of Kenya Law ( National Council for Law reporting). For the period between July to December 2012.
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   Issue 20: July - December 2012 The Bench Bulletin  A Publication of The National Council for Law Reporting  A service state corporation in the Judiciary. 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. BENCH MARKING  with one of the  BEST; NATIONAL COUNCIL FOR LAW REPORTING tours LEXIS NEXIS PUBLISHERS, SOUTH AFRICA  pg 9   pg 74 THE OFFICICIAL LAW REPORTSOFTHE REPUBLIC OF KENYA  Happy Holidays    Download free QR Readers from the web and scan this QR(Quick Response) code with your smart phone to view our products and free accessibility to legal information.  Thanks to all Our Partners   Issue 19: April - June 2012 The Bench Bulletin  A Publication of The National Council for Law Reporting  A service state corporation in the Judiciary. TheBenchBulletin is thedefinitiveintelligencebriefing for Kenya’s judicialofficers,thelawpractitioner,managers and thebusiness people.Itis a quarterly digestof recentdevelopments in law,particularly,case law,newlegislation in theform of Acts of Parliament,rules and regulations,pending legislation contained in  Bills tabled beforeParliamentand selected LegalNotices and GazetteNotices.  Address by the Chief Justice  at the  Launch  of the Judiciary Transformation Framework on May 31, 2012 at  KICC Grounds Transforming Legal Information into Public Knowledge Pg 82   Pg 11 ............and much more........   Pg 77   Issue15: April-June 2011 1     Issue 20  THE KENYA LAW REPORTS BENCH BULLETIN The Hon. Dr. W.M. Mutunga, D.Jur., S.C., E.G.H. Chief Justice of the Republic of Kenya, President of the Supreme Court & Chairman, National Council for Law Reporting.The Hon. Justice (Dr.) W.M. Mutunga, D.Jur., S.C., E.G.HChief Justice, President of the Supreme Court & Chairman, National Council for Law Reporting. (As from January 1, 2012) The Hon Mr Justice P. K. Tunoi Judge of the Supreme Court The Hon Lady Justice J. W. Lesiit Judge of the High Court Mrs. Gladys Boss Shollei Chief Registrar, Judiciary of Kenya Prof. J. Otieno Odek Dean, School of Law, University of Nairobi Mr. Antony Oteng’o Ombwayo Attorney-General’s Representative Mr. P. Sang Goverment Printer's Representative Mr. Evans Monari Law Society of Kenya  THE NATIONAL COUNCIL FOR LAW REPORTINGTHE BOARD OF THE COUNCILMs Florence Muoti Mwangangi Law Society of Kenya Mrs. Flora Mutua , Snr. Management AnalystDirectorate of Personnel Management, Ministry of State for Public Service Mr. Christopher Ombega,  Senior Assistant Inspector GeneralInspectorate of State Corporations Mr. Jeremiah M. Nyegenye Head, Ofce of Legal Counsel   The Ofce of the Clerk of the Kenya National Assembly  Mr. M.M. Murungi Editor/C.E.O Disclaimer: While the National Council for Law Reporting has made every effort to ensure both the accuracy and comprehensiveness of the information contained in this publication, the Council makes no warranties or guarantees in that respect and repudiates any liability for any loss or damage that may arise from an inaccuracy or the omission of any information. ,  2  Issue 20  Bench Bulletin   July - December 2012 Issue 20    RegularsFeatures NCLR Board membersEditors NoteChief Justice SpeechCitizen JaneWhat they said Keynote Speech by the Chief Justice, Hon. Dr. Willy Mutunga, at the Commencement of ‘ the Judicial Marches Week’ Countrywide On August 21, 2012.Kenya’s Constitutional Transition: The Challenge of University, State, Society Relations The Interface between Academia and the BenchThe High Court as the Model Superior Court: Design and ChallengesInterim Report of the Judiciary Working Commiee on Elecon PreparaonsPre-Elecon Dispute Management: between Judicial and Administrave Dispute Management Mechanisms The Re-Constuted Industrial Court of Kenya and the Role of the Social PartnersGuidelines for Judgement DraingThe Judge’s Ulmate task: Formulang The Judgment Case back serviceFeed back – klr case updatesFeed back – klr caseback service updates NCLR takes its Corporate Social Responsibility a notch higher. 912161821223037425253567412478 Departmental Reports Strategic Planning Quality Assurance and Performance DepartmentLaws of Kenya DepatmentMarketing Department 455871828497104 Cases Feature CaseHigh CourtSupreme courtCourt of Appeal 192195196 The Supreme Court of the United KingdomIn the Constitutional Court of South AfricaIn the East African Court of Justice appellate division at Arusha Editor  Michael Murungi Editorial Assistant   Cornelius W. Lupao Contributors Michael Murungi |Esther Nyaiyaki |Anne Asugha | Monica Achode | Cornelius W. Lupao Andrew Halonyere | Njeri Githang’a | Emma Kinya| Wambui Kamau| Nelson K. Tunoi |  Wanjala Sikuta | Phoebe Ayaya |Yvonne Kirina |Lydia Midecha | Sylvie Nyamunga Naomi Mutunga | Dorcas Kaveke | Design and Layout Catherine Moni | John Muriuki | Geoffrey Andare Proofreaders Phoebe Ayaya | Innocent Ngulu 58974 C o n t e n t s 

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