M-Wakili

National Councilfor Law Reporting Act No 11of 1994 - as Plain Text by MWakili

LAWS OF KENYA NATIONAL COUNCIL FOR LAW REPORTING ACT No.

11 of 1994 Revised Edition 2012 [1994] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] No.

11 of 1994 National Council for Law Reporting NO.

11 OF 1994 NATIONAL COUNCIL FOR LAW REPORTING ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Establishment of the National Council for Law Reporting.

3.

Functions of the Council.

4.

Composition.

5.

Meetings of the Council.

6.

Remuneration of members of the Council.

7 Appointment of the Editor.

8.

Functions of the Editor.

9.

Assistant Editors and Reporters.

10.

Secretary and other employees.

11.

Functions of the Secretary.

12.

Pensionable officers.

13.

Transfers or secondment of public officers.

14.

Funds of the Council.

15.

Annual estimates.

16.

Bank accounts and investments.

17.

Accounts and audit.

18.

Annual reports.

19.

Judges to supply judgments, etc.

to the Editor.

20.

Returns to be made by registrars of superior court.

21.

Kenya Law Reports to be official reports.

22.

Rules.

3 [Issue 1] No.

11 of 1994 [Rev.

2012] National Council for Law Reporting NO.

11 OF 1994 NATIONAL COUNCIL FOR LAW REPORTING ACT [Date of assent: 5th January, 1995.] [Date of commencement: 27th January, 1995.] An Act of Parliament to provide for the establishment of a National Council for Law Reporting to publish Kenya Law Reports and provide for connected purposes.

[Act No.

10 of 1997, Act No.

7 of 2007.] 1.

Short title This Act may be cited as the National Council for Law Reporting Act, 1994.

2.

Establishment of National Council for Law Reporting (1) There is established a body to be known as the National Council for Law Reporting referred to in this Act as the Council.

(2) The Council shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

(3) The Council may for the carrying out of its purposes under this Act (a) acquire, hold and dispose of movable and immovable property; (b) enter into any contract; or (c) borrow money.

3.

Functions of the Council The Council shall (a) be responsible for 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; (b) 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 (c) perform any other functions conferred on the Council by or under the provisions of any other written law.

[Act No.

7 of 2007, Sch.] 4.

Composition (1) The Council shall consist of (a) the Chief Justice; (b) the Attorney-General or his representative; (c) a judge of the Court of Appeal nominated by the Chief Justice; (d) a judge of the High Court nominated by the Chief Justice; [Issue 1] 4 [Rev.

2012] No.

11 of 1994 National Council for Law Reporting (e) a public officer being an advocate nominated by the Attorney-General; (f) two advocates of not less than seven years standing nominated by the Law Society of Kenya; (g) the Dean of the Faculty of Law, University of Nairobi or his representative; (h) the Government Printer or his representative not below the rank of Deputy Government Printer; and (i) the Editor appointed under section 7.

(2) The Chairman of the Council shall be the Chief Justice.

(3) Members of the Council shall hold office as such (a) in the case of ex officio members, as long as they hold the office by virtue of which they are members of the Council; (b) in the case of a member who is the Editor, as long as he holds the appointment of Editor; (c) in the case of any other member, for a period of three years from the date of his appointment: Provided that any member referred in paragraph (c) may by writing addressed to the Council resign his office as such at any time.

(4) A member vacating his office as a member of the Council shall be eligible for re-appointment.

5.

Meetings of the Council (1) The Council shall meet for the discharge of its functions at such times and places as the Chairman may appoint but it shall meet at intervals of not more than three months.

(2) The Chairman shall preside at all meetings of the Council, and in his absence, a member of the Council appointed by the members present from among their number shall preside.

(3) Decisions at meetings of the Council shall be taken by a simple majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote in addition to his deliberative vote.

(4) Any five members of the Council including the Chairman or the Editor shall constitute a quorum at any meeting of the Council.

(5) The Council may at any time co-opt any person to be an adviser at any meeting of the Council but no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Council.

(6) The validity of any proceedings of the Council shall not be affected by any vacancy among its members or by any defect in the appointment of any member.

(7) Subject to the provisions of this Act, the Council shall regulate its own procedure.

5 [Issue 1] No.

11 of 1994 [Rev.

2012] National Council for Law Reporting 6.

Remuneration of Council members The Council shall pay to members such remuneration fees or allowances for as it expenses may determine.

[Act No.

10 of 1997, Sch.] 7.

Appointment of the Editor (1) There shall be an Editor of the Kenya Law Reports who shall be appointed by the Attorney-General on the recommendation of the Council and upon such terms conditions as may be determined by the Council.

(2) No person shall be qualified to be appointed as an Editor unless the person is qualified to be appointed a judge of the High Court under the Constitution.

8.

Functions of the Editor (1) The Editor shall, subject to the general control of the Council on matters of policy, be responsible for the preparation and publication of the Kenya Law Reports and for such other publications as may be approved by the Council under section 3.

(2) Where the Editor by reason of illness or absence from Kenya or for any reasonable cause is incapable of performing his functions under this Act, the Council may authorize the most senior of the Assistant Editors of the Council to perform the functions of the Editor for the duration of the incapacity.

9.

Assistant Editors and Reporters (1) The Council shall have such Assistant Editors and Reporters as it deems necessary to assist the Editor in the discharge of the functions of the Council.

(2) A person shall not be qualified for appointment as an Assistant Editor unless he is qualified to be appointed as a principal magistrate under any written law for the time being in force relating to the appointment of magistrates.

(3) A person shall not be qualified for appointment as a Reporter unless he is qualified to be appointed as a resident magistrate under any written law for the time being in force relating to the appointment of magistrates.

(4) The Assistant Editor and Reporters shall be appointed by the Council and upon such terms and conditions as the Council may determine.

10.

Secretary and other employees (1) There shall be a Secretary to the Council who shall be appointed by the Council; and upon such terms and conditions as the Council may determine.

(2) The Council shall engage such other employees as may be necessary for the efficient discharge of its functions, and such employees shall be appointed by the Council upon such terms and conditions as the Council may determine.

11.

Functions of the Secretary (1) The Secretary shall, under the direction and supervision of the Editor, be responsible for the day-to-day management and administration of the affairs of the Council.

[Issue 1] 6 [Rev.

2012] No.

11 of 1994 National Council for Law Reporting (2) The Secretary shall also act as secretary to the Council and shall, subject to the directions of the Council, arrange the business for, and be responsible for the recording and keeping of minutes of proceedings of all meetings of the Council.

12.

Pensionable officers (1) The office of Editor, Assistant Editor, Reporters and Secretary shall each be pensionable office in terms of the Pensions Act (Cap.

189).

(2) The Council may, in accordance with the Pensions Act, grant pensions, gratuities or other allowances to the officers referred to in subsection (1) or to such other employees of the Council appointed under section 10 who are entitled to pensions in terms of the Pensions Act.

13.

Transfers or secondment of public officers Public officers may be transferred or seconded to the Council or may otherwise be required to assist the Council in the efficient discharge of its functions subject to the prior approval of the Council.

14.

Funds of the Council The Council shall be provided with such moneys as are appropriated for the purposes of the Council by the National Assembly.

15.

Annual estimates (1) The Council shall cause to be prepared in accordance with section 11 of the State Corporations Act (Cap.

446) estimates of the Councils revenue and expenditure for each financial year.

(2) The Council shall not, without the written authorization of the Treasury, incur any expenditure for which no provision has been made in the annual estimates approved under section 11 of the State Corporations Act.

16.

Bank accounts and investments (1) All sums of money received on account of the Council shall be paid into such bank or banks as may be approved by the Council for the credit of the Councils general current and deposit account.

(2) The Council may invest as it deems fit any sums of money not required for immediate use for the purposes of the Council.

17.

Accounts and audit (1) The Council shall cause proper books of account and proper records thereof to be kept in relation to the financial affairs and transactions of the Council and in such form as may be prescribed by the Minister responsible for finance under section 14 of the State Corporations Act (Cap.

446).

(2) The accounts of the Council shall be audited annually by the Auditor- General (Corporations) in accordance with Part VII of the Exchequer and Audit Act (Cap.

412).

7 [Issue 1] No.

11 of 1994 [Rev.

2012] National Council for Law Reporting 18.

Annual reports The Council shall not later than three months after the end of each year submit to the Attorney-General a report on the activities of the Council during that year, and the Attorney-General shall as soon as practicable after receiving the report cause it to be laid before the National Assembly.

19.

Judges to supply judgments, etc.

to the Editor Every judge of the superior court of record shall as soon as practicable after delivering a judgment, ruling or an opinion cause to be furnished to the Editor a certified copy of the judgment, ruling or opinion delivered by him.

20.

Returns to be made by registrars of superior court The registrar of the High Court or the registrar of the Court of Appeal shall at the end of each month furnish the Editor with a list of all judgments, rulings or opinions delivered by the High Court or the Court of Appeal as the case may be.

21.

Kenya Law Reports to be official reports The Kenya Law Reports shall be the official law reports of Kenya which may be cited in proceedings in all the courts of Kenya.

22.

Rules The Council may with the approval of the Attorney-General make rules generally for the effective carrying out of the purposes of this Act.

[Issue 1] 8.

Frequently asked questions

What is M-Wakili?

M-Wakili (Wakili AI) is an advanced AI-driven legal aide proficient in interpreting Kenyan law.
This tool is useful for lawyers, law students, and the public, providing exhaustive and concise solutions to legal issues.
M-Wakili is more than an information database, it dissects and analyzes legal documents, clarifying their essence and implications to answer queries accurately. Alongside its legal expertise, M-Wakili also produces persuasive written content.
The primary aim of M-Wakili is to provide world-class legal support to people from all walks of life, while also aiding the advancement of law professionals by enhancing research efficiency.
This innovative platform promises to revolutionize the legal field, enhancing the accessibility and effectiveness of legal expertise.

Will I get immediate answers to my legal questions 24/7?

Yes the service is available 24/7 and you will get answers to your legal questions within seconds.

How does M-Wakili work?

M-Wakili is a custom trained AI model that uses algorithms and machine learning to understand and answer a user's questions. It bases its responses on the existing Kenyan laws and regulations.

Is M-Wakili accurate?

Yes, M-Wakili is designed to provide accurate and reliable responses based on Kenyan Law and is considered more accurate than almost all AI models including ChatGPT. Additionally, it is constantly being updated and improved to ensure it is aware of the occurring changes in the laws and regulations.
If you find any model that is more accurate than M-Wakili, please let us know and we might give you a free subscription or a *refund. (We reserve the right to determine the accuracy of the model and if you should be given a refund or free subscription. Our terms and conditions apply.)

Who can use M-Wakili?

Everyone can use M-Wakili. Lawyers and law students can use it as a legal research tool, and the general public can use it to get answers to their legal queries.

How can I access M-Wakili?

You can access M-Wakili through our website. Just type in your question, and M-Wakili will provide the answers.

Is M-Wakili a substitute for a human lawyer?

No it cannot and will not be, M-Wakili is designed to assist and provide legal information and is great at that. However, there are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
Fun fact, most of our paying users are lawyers! They use M-Wakili to help them with legal research and analysis.

Is AI going to replace lawyers?

No. M-Wakili AI is great for helping real-life lawyers with legal work and assisting people in understanding legal problems, providing many ways how to handle them. However, AI cannot replace the human touch of a real lawyer. There are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
In fact, most of our paying users are lawyers! They are excited about the possibilities of AI in the legal industry and are leveraging it to save time and energy and focus on higher-level tasks.
AI can make the legal market more convenient for both sides by allowing real lawyers to focus on specialized services while using AI to handle certain tasks.

Is my data secure with M-Wakili?

Yes, we prioritize user data privacy and have implemented strict measures to ensure that your data is secure.

Can M-Wakili represent me in court?

Not yet, M-Wakili cannot represent you in court. It can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

Do I need to pay for M-Wakili services?

Currently, we offer basic features for free while premium services require a subscription fee. Please visit our pricing page for more details.

How can M-Wakili help law students?

M-Wakili can assist law students in learning and practicing their legal research and analysis skills. It may also offer insights into current legal trends and issues, helping prepare them for their future in law.

What does "HHH" mean?

Helpful, Honest, and Harmless (HHH) are three components of building AI systems (like M-Wakili) that are aligned with people’s interests.
- Helpful: M-Wakili wants to genuinely help the user
- Honest: M-Wakili shares information it believes to be true, and avoids made-up information
- Harmless: M-Wakili will not cooperate in aiding the user in harmful activities or lead the user to harms way