LEGAL KENYA.COM

Post Incorporation Issues

2007-11-29T09:15:00.000+03:00

Most people do appreciate the advantages of incorporation and especially limited liability and that the company is a complete person with an ability to own property. Especially in this time of IPO's many people are taking advantage of incorporation to buy shares.

So you have your certificate of incorporation, what next?

1. Get a PIN and VAT certificate from KRA. They are issued free of charge. Tax returns are filed every month.

2. You are required to hold an Annual General Meeting, 18 months after incorporation and consistently every year. The purpose of an AGM is to among others receive Accounts for the previous year. A board of directors meeting is to be held immediately after that or as consistently after that.

3. You are also required to file Annual Returns (14 days after the AGM). Many companies neglect to file Returns which could lead to a company being deregistered. Filing returns at the company registry is not expensive and its required to communicate to the Registrar of any changes in capital and directors.

4. The Accounts of a registered company are required to be prepared in accordance with Companies Act Cap 486. The immediate benefit of incorporation is that all expenses are deducted before the taxable profit unlike a partnership.

Finally Small Business resource

www.aren.co.ke is a site that enables you to calculate P.A.Y.E for employees. Very useful indeed.

G.L.A.M.O.U.R.O.U.S

2007-10-04T13:07:00.000+03:00

I woke up today in the morning sure i wasn't going to court but deep in my head i knew there is always this case that pops out in the morning due to inefficiencies and stuff, all lawyers know that.

As it can be when it can, one of those mammoth files dating the early 90's appears and good gracious it is yes for today.

Anyway having mastered the art of crash reading early in life, i half expect by the time the matter is heard i will have sorted the file, read it, sorted the wheat and chaff and produced the wheat in court.

So i did speed reading , had all my facts, confirmed with my witnesses what they would be saying and waited. this was within a span of 1 hour.

The magistrate then with a tired look just realizes that the Defendants are not in court and we can't continue. The fact that they weren't there gave me 200% confidence in a file i had not seen ever in my life.

I felt sudden annoyance at no one in particular and i thought

G.L.A.M.O.R.O.U.S

ड्रेस CODE

2007-09-28T12:48:00.000+03:00

I have been going to court and wondering why i haven't got memo for changed dress code.

A lawyer with open shoes is simply a NO NO NO.

Again i meet another lady in a Light Blue suit, goodness i couldn't believe it

Then i hear a master tell his pupil
"Look you shouldn't be just standing you should get inside the court and see whats happening" I think thats rather common sense. Then looking at the pupil she is in

Hipsters
A tight shirt
No jacket

and the worst

White Shoes.

Dayum, how does a lawyer wear white shoes to court. Its NOT OK for a lawyer to wear white shoes even out of court.

Ok, I know you think Ally Mcbeal did wear RED suits, that was drama that is what it is. Legal Drama

Until the dress code is changed

Stick to your dark colours

Access

2007-06-15T16:06:00.000+03:00

This article discusses the ability of the poor to access justice in Kenya.

Access to Justice

LSK AGM

2007-03-27T10:33:00.000+03:00

On Saturday the LSK held its Annual General Meeting which in my view was well attended.

The AGM is quite a tense one because it is the time the members get to know the Chairman of the Society.

Most motions were shot down or deferred. One that was particularly interesting is the motion to have a 1/3 of the elected members of the council to be women. I am of the view that though affirmative action helps, it should really not apply to learned members of the society. Getting to be a member of LSK is work itself, surely only presenting oneself for voting. Nevertheless the motion was shot down, though eventually 1/3 of the elected members of the society were women.

The Chairman of the LSK this year is Eric Okongo Mogeni. What the papers did't say was that as sooon as he was announced Chairman, all lawyers stormed out in protest. Wonder who elected him in the first place. The Ojienda chairmanship has been viewed largely as a failure. It is been largely felt that the LSK chair should abstain from matters which are clearly political. Kenyans have MPs but issues pertaining to the profession have been left largely unattended while the Chair comments on everything political.

Lets give the Mogeni man a chance though.

Events

2007-03-23T09:52:00.000+03:00

The commonwealth Law Conference will be held in Nairobi this year. This will be a perfect event for Kenyan Lawyers to meet with their counterparts from Commonwealth countries. This will be the second time the conference is coming to Africa.

For more details check this website

Commonwealth Law Conference

Meanwhile some Law Student claims the reason she can get a job is due to deragatory comments made about her on the WWW. Check this Article

Shoot To Kill?

2007-03-17T09:21:00.000+03:00

The criminal Justice System and its role in preventing crime

Crime in Kenya if we are to go by the newspaper reports and news broadcasts is at an all time high this year. From carjacking, murders, shooting of policemen, rape cases crime seems to have entrenched itself in our society.

One thing that is clear in the rising of crime is the failure of the criminal justice system to effectively deal with the menace. When I talk of criminal justice system I mean from the police officers, judicial officers, prosecuting officers, and investigators e.t.c. all persons who are responsible for dealing with crime.

It is common knowledge that “shoot to kill” has been adopted these days because accordingly because the criminals “accused” always have an easier way out of their mess.

State prosecutors are if anything else mediocre, not even the worst of criminal defense lawyers can lose a case against them. They are rarely ready to successfully argue a case and most of the time; lawyers make meat out of them. Mistakes in criminal law are unforgivable! Small omissions on the part of the state prosecutor can lead to an acquittal. More often than not even having a correct charge has proven a challenge. Then there is the burden of proof that should leave no reasonable doubt as to the guilt of the accused. Hence leaving the criminals in the hands of the justice system is tantamount to releasing them with no charges.

So the police force has been left helpless because they rely on successful prosecution and the ultimate confinement of alleged criminals behind bars. This has therefore led to the massive shooting of criminals and the brutal retaliation of the criminals on the police. Obviously, there are numerous disadvantages about this shooting to kill phenomenon. It assumes that the person being shot is already guilty and does not give the very constitutional right of a person to a fair hearing or what is commonly referred to as audi alteram partem .

As the public we assume for sure that the police have already rightly identified the suspects and the person shot for sure must have been found with the rounds of ammunition. It is though just populist to shoot alleged criminals before their guilt has been proved.

What would we achieve with a thorough efficient Criminal Justice System?

i. Crimes would definitely go down.

ii. The public would stop shielding the criminals because it is a well known fact today that one risks their lives by going to report a criminal to the police. For one, the person reporting may be called to give evidence in court so the accused identifies them. Shortly, that person accused is released and baying for the informer’s blood. As it is now a lot of crime & criminals go unreported.

iii. Protection of lives, property is needed for a healthy & robust economic environment. People need to be ensured that persons involved in crime do not get away just like that.

Kenya would do with a radical surgery of the criminal justice system.

Hiring a lawyer?

2006-11-09T14:41:00.000+03:00

Finding a lawyer a good lawyer in Nairobi or upcountry is an uphill task.

Either
1. You get a good lawyer, the lawyer is very expensive

2. You get a lawyer who is cheap and a con too

All said and done, it is actually possible to get a good lawyer in Kenya. Some tips

1. The office & the location matter. There is a possibility that if he has a shabby office, he is a bad and careless lawyer too. Are the files meeting you at the door?

2. Does he keep you updated on your file?
A good lawyer will keep you informed as to how your case is proceeding. This should be in form of phone calls, letters. Make sure you leave all your details with your lawyer as to how he can get in touch with you.

He SHOULD write to you informing you when your matter is up for mention or any hearing and what happened thereafter.
If he doesn’t, then it is time to move.

3. Advises you on the REAL position
Some cases are out rightly outrageous! However many lawyers in need of the money will not advise you on the right position and will take you on the litigious path knowing very well, you have a zero probability of winning that case.

4. Listen to his peers or persons who have dealt with the lawyer before
Check with the LSK if your lawyer has a current practicing certificate before you give him the brief

Check if he has any disciplinary issues he is dealing with

Confirm he has a Professional Indemnity Cover

Unfortunately we do not have peer reviews for lawyers in Kenya.

5. Discuss the fees with the lawyer before giving him your brief

Dubious lawyers keep asking you for money every time you go to his office. Agree on his fees before any thing else.

6. Your lawyer owes you no favour
You as the client are his master. You are entitled to know what is going on with your case. You are paying for a service that should be rendered without much ado. If not, take your file before things get thick.
7. Most of the time “Cheap is Expensive”
8. If the worst happens, report to the Disciplinary Committee and the lawyer will be asked to reimburse your costs or have his licence to practice withdrawn.

In the Legal News

2006-11-07T11:41:00.000+03:00

Kigali Bar Association (KBA, Rwanda set to join the East African Law Society. At the recent East African Law Society conference the KBA applied to join the EALS which consists of the Three East African countries Bar Associations and the Zanzibar Law Society.

The members of EALS resisted the move by the council to increase the subscriptions to USD 50 from USD 20 citing the move would strain the young lawyers who were already paying too much in their respective Bar Associations.

Tom Ojienda is the new President of the EALS from Kenya. The presidency of the EALS is rotational and every country that is a member of EALS has a chance to nominate a candidate for presidency.

In other news
The Law Society of Kenya is currently in the election mode with the current council’s term expiring in March next year. Among the person’s contesting for the chairmanship of the LSK is Kamotho Waiganjo who is currently a council member.

The leadership of the LSK is slowly turning to an Up-country vs Nairobi lawyers contest. With upcountry lawyers claiming that Nairobi lawyers are very biased against them and do not consider them as equally good lawyers. That may be a hot issue still in these elections.

Want to be a Lawyer?

2006-10-30T11:56:00.001+03:00

Being a lawyer in Kenya takes many years. It takes the heart of a patient man/woman to make it to be one.

First you will undergo training for 4 years at the University. Luckily for us who left still early were exempted from the Kenya School of Law.

After the Univesity, you will be required to undertake pupilage in a law firm (mostly) for 1 year. Those who go to the Kenya School of Law do so for 9 months and spend the rest of the time for 3 months.

Undertaking Law is becoming more and more a difficult option for many. The old(er) lawyers are taking stringent measures to control influx of lawyers in Kenya. That is why it is currently been proposed that the number of years at school be set to two.

The young lawyer then waits for approximately another year to be admitted to the Bar.

The most disillusioning period for a lawyer is that of post pupilage period.

No firm is obliged to keep you. You are not a lawyer, you are not an advocate. So what are you supposed to be doing?

Well the CJ is trying to admit lawyers to the bar at monthly intervals but still the post pupilage period is not less than 6 months.

Young lawyers in Kenya face very difficult situations;
Underpayment
Sexual Harassment (females)

It is now clear that the Law Society of Kenya has done little or nothing to agitate for the better treatment of young lawyers.

The first of these should be to fix a minimum wage and deal with cases of Sexual Harassment as and when they arise. It is time the young lawyers moved out of the wood work and agitatefor their rights.

An Auditor Responsibility

2006-04-19T10:41:00.000+03:00

I am waiting to see how this one goes. KPMG auditors Kenya have been sued by the Trust Bank Depositors

What is the work of an auditor

1. To assess if the accounts of a company are True and Fair

2. Give an opinion; qualified or otherwise

What the Bank will have to show is if the auditors owed a duty to third parties.

An auditor cannot be sued for failing to advise creditors and there is a lot of case law to support this.

Kenyananalyst: Marsabit....and an ode to Godana and Waqo

2006-04-11T09:14:00.000+03:00

Kenyananalyst: Marsabit....and an ode to Godana and Waqo

The constitution

2005-09-01T17:06:00.000+03:00

It is with interest that i have observed the ongoing debate about the constitution . I would only peg the question For how long shall the Kenyan masses be used by the political class for their own gain.

kenyan Laws

2005-05-03T13:57:00.000+03:00

Kenyan laws are mainly inherited from the British system. there are basically two types of Laws
1. Substantial Law-this includes Laws such as Contracts, Torts which can be found in statutes or judicial precedents
2. Procedural Law-this is the procedure that is used by the courts.Mainly in civil cases procedure must be followed to the letter as lack of correct procedure can lead to dismissal of an otherwise good case.

welcome to the legal blog

2005-04-29T09:42:00.000+03:00

welcome aboard anything legal in Kenya you want to know post it here. I will be your legal doctor