LAW SOCIETY OF

MINUTES OF THE LAW SOCIETY OF KENYA ORDINARY GENERAL MEETING HELD ON SATURDAY, 30TH MARCH 2019 AT THE AUDITORIUM, BOMAS OF KENYA, .

MEMBERS PRESENT

Abadnego Kipngeno Ngetich Akumonyo Georgiadis Majimbo Alphaxard Osoro Mogikoyo Angela Chepkorir Sang

Abdi Abdulla Mohamednur Alaka Margaret Lugonzo Alphonce Collins Odoyo Osewe Angela Kwamboka Nyangera

Abdirazak Mohamed Ibrahim Alan Biliz Byamugisha Alphonce Oduor Ojwang Angela Mutindi Nthenge

Abdul Kadir Hawa Aalia Albert Kamunde Alvin Meso Ogada Angela Ndegi Munga

Abdullahi Issack Sadam Albert Bruce Amimo Ambrose Munene Njagi Angelica Mecha

Abel Nabutola Wanjala Albert Murambi Simiyu Ambrose Muthama Mulandi Angeline Achieng Abuor

Abenayo Makokha Wasike Alex Irungu Gatundu Ambrose Otieno Weda Angella Wairimu Kangethe

Abiero Brian Okoth Alex Mbue Ndegwa Ambrose Waigwa Ndungu Anita Achieng Nyanjong

Abigael Jesang Alex Mwenda Kinyua Amon Maranga Nyambane Anjao Agnes Bukachi

Absalom Opiyo Osodo Alex Samuel Koina Amos Kathuri Mugambi Ann Amisi Bonareri

Acklays Samuel Okech Alex Waliaula Wangila Amos Kiarie Njoroge Ann Awino Kowido

Adede Frank Omondi Alex Wangoma Mola Amos Moranga Orenge Ann Makena Gitonga

Aggrey Mukasa Alexander Muchemi Muthee Anacletus Munyoki Muthangya Ann Nasanga Aki

Agnel Nadida Alfred Kingoina Nyairo Anastasia Wachera Kiai Ann Ndinda Wahome

Agnes Gachui Kariuki Alfred Nyagaka Ongoto Andrew Muma Ann Njeri Mungai

Agnes Kemunto Ongaga Alfred Obwoge Onyango Andrew John Kiilu Ann Wanja Kinyua

Agnes Nduku John Alfred Ochieng Opiyo Andrew Kidula Amadi Ann Wanjiru Ngugi

Agnes Nyawira Gathigia Alice Muthoni Ndungu Andrew Kitavu Kiluva Anne Alucky Mulama

Agola Aoko Otieno Alice Nyomenda Oeri Andrew Mainye Nyachio Anne Stacy Murugi

Aguko Gad Alice Osebe Ondieki Andrew Muchigi Karani Anne Wanjiru Njeri

Ahmed Sheikh Adan Alice Wairimu Mugo Andrew Mwangi Njenga Anne Waruguru Mwatha

Aidah Kasoa Ayata Alice Wamuyu Mwangi Andrew Njenga Kiarie Anne Yatich Koross

Aidah Wanjiku Kigoro Alice Wanja Njenga Andrew Oduor Ouma Annerita Gatakaa Murungi

Aileen Aluso Ingati Allan Ngure Kirika Andrew Onguka Ombwayo Annet Kasande

Aisha Namwoli Allan Otieno Meso Angela Achieng Muhua Annette Nasiche Asasha

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Annette Nekesa Siminyu Atkins Jusa Ambani Benjamin Wanjohi Wambugu Boniface Momanyi Nyachae

Ansen Reese Amulyoto Atwine Muhwezi Benson Ashitiva Boniface Mwanzia Muindi

Anthony Burugu Audrey Chloe Awino Ogwayo Benson Mbuthia Njiru Boniface Pius Musembi

Anthony Kirunyu Karoki Audrey Rachel Atieno Ogutu Benson Wanjala Chuma Boniface Waweru Gituke

Anthony Kyalo Kilonzo Awuor Paul Winnie Bernadette Atieno Ochieng Borniface Apamo Akusala

Anthony Maina Peter Muchiri Azim Shabbir Taibjee Bernard Gachogu Njugi Bramuel Makotsi Shimenga

Anthony Maitethia Gitonga Bakhita Michelle Mark Bernard Kibet Tonui Brenda Achieng Rao

Anthony Maruti Khamala Barack Chirchir Barkwang Bernard Murumbi Sihanya Brenda Akhonya Luchemo

Anthony Mbunya Kiarahu Barbara Achieng Malowa Bernard Murunga Wafula Munyefu Brenda Amondi Kiberenge

Anthony Milimu Lubulellah Barbara Alice Akinyi Bernard Omondi Milewa Brenda Awino Kogai

Anthony Mugo Gichuki Barbara Christine Wangari Bernard Otundo Shikwe Brenda Florence Kadzo Yambo

Anthony Muthoka Mulekyo Barbra Yvette Auma Owino Bernhard Kipkoech Ngetich Brenda Kawira Mwalimu

Anthony Mwanzia Mutunga Beatrice Katunge Musili Berryl Akoko Brenda Kwamboka Samba

Anthony Mwenda Ngatu Beatrice Mumo Ngumbau Beth Ngima Warui Brenda Mugure Marai

Anthony Njogu Mathenge Beatrice Njeri Aseneka Mbugua Beth Solomon Mushi Brian Kimutai

Anthony Ongondi Mosoti Beatrice Wanjiku Muhindi Betty Atieno Brian Otwoma

Antoinette Zowade Ogange Beauttah Alukhava Siganga Betty Angatia Mwenesi - Brian Abel Chogo Asuma

Anton David Mangea Belgrade Okwiry Awuor Betty Atieno Oele Brian Christopher Odongo

Antony Kinyanjui Waringa Belinda Wamuyu Munga Betty Kathomi Njebiu Brian Elisha Owino Oenga

Antony Manzi Masila Belindah Doreen Areri Betty Kinya Murithi Brian Gatune Wanjiku

Antony Mudany Otieno Bellinda Akoth Akello Betty Laura Rashid Brian Kepha Esilaba

Antony Mungai Njogu Bemih Kanyonge Luseka Betty Wangui Kiai Brian Kipchumba Tororei

Antony Murakaru Wahome Ben Waliubah Musundi Bildad Muneria Keke Brian Muriithi Muthomi

Antony Musili Kasina Benard Kiprotich Bilha Njeri Kimondo Brian Nyabuti Onderi

Apollo Mboya Benard Omondi Wasonga Billiard Kihumba Kyalo Brian Nzioka Muthusi

Apollo Hillary Bwana Benard Senkomo Mugisha Billy Mulandi Tsuma Brian Ochieng Amadi

Archibald Munyi Kithaka Benedict Gatunduh Ngwareini Boaz Okech Ndiege Juma Brian Ombachi Ogoro

Arnold Ochieng Oginga Benedict Mbatha Katithi Bob Clifford Keya Brian Otieno Odhiambo

Arnold Otieno Okudo Benjamin Kuria Wangai Bob Javan Otieno Brian Patrick Ochieng

Arthur Kenneth Wamae Benjamin Munywoki Musau Bonface Omondi Oduor Broderick Otieno Amollo

Asenath Moraa Obaga Benjamin Wanjala Waswa Boniface Machuki Brown Kairaria Murungi

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Bryan Njehia Kahumbura Catherine Kendi Mutungi Charles Njiru Kanjama Christopher Wanjala Wafula

Burton Isindu Matsigulu Catherine Mbeke Kitili Charles Ogara Mogaka Claire Nyambura Karuga

Busiku Bernard Chenge Catherine Njoki Wahome Charles Wambugu Wamae Clarence Jumba Mmbele

Buyanzi Samin Abigael Catherine P Nyambura Ndungo Charles Willy Orori Tombe Clarice Taabu Nafula

Byron Barrack Okinyo Catherine Teeka Naini Chebiego Brandon Kipkurui Claudio Ndeleva Mutua

Cain Mingo Kundu Catherine Wairimu Ngala Waihura Cheptoo Dorothy Clement Omongo Onenga

Calistus Nyegenye Catherine Waithira Kariuki Cherono Irene Wanjiro Cleophas Kipchirchir Letting

Calvine Willy Otieno Catherine Waithira Munene Cherotich Josphine Kogo Cliff Ombaki Machogu

Calvins Musachi Ngaira Catherine Wanjiku Kariuki Cheryl Kemunto Mageto Clifford Kimathi Muthuri

Calystus Juma Kisaka Catherine Wanjiru Njuguna Cheryl Likuyi Onindo Cohen Amanya

Camilla Adhiambo Siddondo Caxstone Phelix Kigata Cheserek Jepchumba Judy Colbert Ouma Ojiambo

Caroline Anyango Ayugi Cecil Miller Awach Chiggai Harriette Collins Aliela Liyayi

Caroline Auma Okumu Cecilia Awino Olendo Chris Gachiri Waithaka Collins Kipngetich Sang

Caroline Gathigia Muchemi Cecilia Harriet Oswera Chris N Masitta Collins Ochieng Oyomba

Caroline Kendi Kithinji Cecilia Katunge Mwangangi Chrislero Langalanga Collins Odhiambo Ario

Caroline Khasoa Wanyonyi Celestine Aoko Otieno Chrispine Josiah Omollo Odero Collins Shilunji Taliti

Caroline Mokeira Ondieki Cephas Musyoki Kinyua Chrispine Migele Oumah Collins Wanderi Munyiri

Caroline Mueni Munyasya Charity Mukami Ndeke Christine Boke Inimah Collins Wanderi Munyiri

Caroline Muthoni Nderitu Charity Wambui Kamunya Christine Gatwiri Kimathi Constantine Nyamboba Ogari

Caroline Mwikali Guy Charles Kimathi Christine Kasiva Ombongi Corazone Muhonja Nangabo

Caroline Ngesa Lajah Charles Alenga Khamala Christine Mumbi Ireri Corinne Mrengeka Lusigi

Caroline Rachael Njoki Charles Eric Musyoka Christine Munasye Musyoki Cornel Ochieng Omondi

Caroline Waguthi Ndindi Charles Geralds B. Ouma Christine Njeri Githiri Cornelius Mike Rono K.

Caroline Wairimu Njari Charles Kamau Wari Christine Nyakio Kambo Costin Simiyu Mulongo

Caroline Wambui Kimani Charles Kipkorir Koech Christine Wanjugu Kariuki Cynthia Achieng Mirugah

Caroline Wangu Wambugu Charles Midenga Achuodho Christine Waruguru Simaloi Cynthia Adhiambo Ochuodho

Caroline Wanjiku Gichina Charles Mongare Ongoto Christopher Ezra Ayieko Cynthia Akinyi Wandera

Carolyne Kalunde Muumbo Charles Muchiri Wachiuri Christopher Machafu Habashi Cynthia Carol Mpoza

Carolyne Kamende Daudi Charles Muroki Kanyango Christopher Maina Kinyua Cynthia Mbula Kyaka

Carren Aluoch Sadia Charles Ngunjiri Kariuki Christopher Nyagaka Onchangu Cyrilla Namanje Wambani

Catherine Kamau Wachira Charles Njau Ngigi Christopher Orina Dr. Kenyariri Damaris Ndinda Kinyili

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Dan Joshua Kasina David Njeru Nyaga Dennis Ouma Meso Dorcas Nekesa Osabwa

Dan Wafula Simiyu David Njuguna Njoroge Dennis Ratemo Ombui Dorcas Shikuku Kitaa

Daniel Bogonko Ombati David Ochieng Ayuo Dennis Waweru Ndirangu Dorcas Wanjiru Mwae

Daniel Gachiengo Gitau David Ochieng Oyatta Derek Joe Mwangi Doreen Namagembe

Daniel Kabue Gathuo David Onyono Nyangena Derrick Jumba Kaisha Doreen Karimi Ntongai

Daniel Karuru Mwaura David Otieno Ojwang Derrick Kioko Nzioka Doreen Mwendwa Miriti

Daniel Kimani Kanyagia David Otieno Onyango Desmond Leteipa Silei Doreen Nyakerario Onwonga

Daniel Kiprop Kurui David Wakasiaka Tenge Diana Akinyi Omondi Dorence Chelangat Soy

Daniel Muchoki Maina David Webster Malumbe Attika Diana Chepngeno Kenduiwa Doris Ingahizu

Daniel Mwangi Kibicho Davidson Mghanga Mwaisaka Diana Muia Mwanzia Doris Wambui Macharia

Daniel Mwenga Mwangangi Davis Chache Nyantika Diana Nasimiyu Wanyama Dorothy Jemator Kimengech

Daniel Ngayo Bett Deborah Wanjiru Bubi Diana Wakesho Kilillo Dorothy Kavindu Kingoo

Daniel Ngugi Kamau Delbert Ochola Nyawara Dianah Njeri Igati Douglas Justus Wabuko

Daniel Suyianka Nkere Dellah Mwende Mwancile Dickens Osia Douglas Kipruto Bargorett

Daniel Wokabi Mathenge Denis Kiarie Gitaka Dinah Esendi Kwamboka Makambi Duke Omwenga Okeyo

Danish Odero Rayola Denis Odero Olonde Dinah Peter Abuka Duncan Alukhome Akhulia

Danson Gichina Kiritu Denning Omungo Amateshe Okato Diran Osebe Onkangi Duncan Maina Kaigi

Daphne Kwamboka Onsomu Dennis Abraham Kinaro Dismas Orwako Ajiki Duncan Mwiti Kinyua

Darr Nidaa Dennis Anyoka Moturi Dismus Omondi Wakla Odhiambo Ebby Ayuma Wanjala

Dave Kamangu Gatiiyo Dennis Cheruiyot Kirui Dola Athanas Indidis Ebrahim Farrah

David Achochi Onsare Dennis Chiuri Wachira Dolphine Damaris Awuor Edel Akotchi Olumbe

David Alfred Njeru Ndambiri Dennis Kibet Kirui Dominic Khafweli Lukorito Edga Sichangi Wambilianga

David Biketi Wati Dennis Kipkoech Cheruiyot Domtila Jematia Kipkosiom Edgar Alusiola Mulamula

David Kariuki Muigua Dennis Kyalo Wambua Donald Benedict Kipkorir Edith Adhiambo Onyango

David Kengere Mogoi Dennis Mogambi Mangare Donald Ochieng Omondi Edith Bonareri Mokaya

David Kimani Kinyanjui Dennis Mugambi Njau Donex Juma Edith Makena Limbere

David Maina Nyamu Dennis Muindi Mutisya Donna Nafula Chemiati Edmond Kadima Wesonga

David Masanga Ohenga Dennis Mungata Mwanzia Dorcas Wambui Edna Gaceri Muriungi

David Muthuku Kirimi Dennis Musyoka Nzoka Dorcas Ayoma Nanjero Edna Gesare Oginda

David Mutua Mutunga Dennis Nyakeyo Gwaro Dorcas Chepkemei Endoo Edna Kanana Kaburu

David Ndungu Mararo Dennis Nyambane Magara Dorcas Jeptum Kirarei Edna Kasichana Kabaila

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Edna Muthoni Macharia Elijah Njagi Ireri Emmaculate Ndunge Ngoya Erick Otieno Mudao

Edna Wambui Kuria Elijah Oluoch Ashers Emmanuel Kyobika Ernest Kaka Kamau

Edward Kahuthia Murimi Elijah Supeo Karei Emmanuel Mumia Esther Andisi Hezekiah

Edward Kibet Kimetto Elijohn Njema Kiarie Emmanuel Busu Muaka Esther Bonareri Nyamongo

Edward Mungai Wambui Elikana Mokua Ndubi Emmanuel Kyalo Mutinda Esther Gathoni Kariuki

Edward Muriu Kamau Elina Omwoha Makungu Emmanuel Wanaswa Nabiswa Esther Marigu Karanja

Edward Mutali Wanyama Eliud Maina Karanja Emmily Mmbone Mulinya Esther Muthoni Wanyingi

Edward Ochieng Oyolla Eliud Ngugi Mburu Enock Mulongo Wabwoba Esther Mwikali Mutuku

Edward Onwonga Nyakeriga Eliud Nyongesa Onyango Enricah Apiyo Dulo Esther Njeri Mutitu

Edward Wangongu Ndichu Elizabeth Akinyi Ochieng Ephantus Njogu Njuguna Esther Wachera Ndirangu

Edward Waswa Oringe Elizabeth Atenge Ikitoo Ephantus Njora Waweru Esther Waeni Ngea

Edwin Auka Onyango Elizabeth Kiasyo Kyulu Eric Joseph Omondi Esther Wagui Muriuki

Edwin Isaack Wathome Ndanu Elizabeth Mbithe Munanye Mulwa Eric Kanui Ikusya Esther Wairimu Keige

Edwin Japheth Madoya Elizabeth Mueni Musikali Eric Kibet Morusoi Esther Wangari Ndirangu

Edwin Kimatu Saluny Elizabeth Muthoni Karanja Eric Kinyua Maina Esther Wangeci Chege

Edwin Kipchirchir Barmao Elizabeth Naliaka Nanjali Eric Kirimi Muriuki Ethan Kimiricho Chege

Edwin Miranga Nyambane Elizabeth Nyambura Waigwa Eric Kiroga Kuria Eugene Mweresa Sudi

Edwin Omulama Onditi Elizabeth Violet Amongi Eric Njeru Theuri Eugene Owino Wanende

Edwin Osiany Okuta Elizabeth Wangari Njuguna Eric Nyongesa Wafula Eunice Akello

Edwin Warui Maina Elizabeth Wangui Wanjeri Eric Odhiambo Nyadimo Eunice Mathenge

Effie Amondi Oketch Elizabeth Wanjiru Kamuyu Eric Odhiambo Otonglo Eunice Njeri Nganga

Egert Henry Omino Elkana Onyango Manguro Eric Ongera Onyancha Eunice Rhoda Oteyo

Ekesa Lilian Trufosa Elkanah Mangera Gekonga Eric Thige Muchiri Eunice Wangu Kariru

Elaine Mukoya Omulama Elly Omondi Ogola Eric Timothy Githendu Eva Chebet Sawe

Eleanor Ochuodho Umaya Elosy Muthoni Mputhia Eric Wambugu Wanjohi Evans Ondieki

Elfas Oniango Etemesi Elsie Agnes Awino Oyoo Erica Akoth Lumumbah Evans Ezekiel Mainga

Elias Masika Juma Emiguard Awinja Odera Erick Kamau Mukuha Evans Nyarongi Monari

Elias Murimi Kibathi Emily Roberts Erick Kariuki Mundia Evans Odhiambo Ogada

Elijah Kyule Mwanzia Emily Masumbuo Matano Erick Kiprop Naibei Evans Omosa Oange

Elijah Maina Kagura Emily Wangui Munyungu Erick Ochieng Daniel Evans Ongwenyi Mirieri

Elijah Mwangi Njeru Emma Kageni Kimathi Erick Onyango Orende Evanson Kagwima Kimani

5

Evelyn Awuor Ombwegeh Fellicine Nyaksaria Oriri Fred Nyagaka Ongarora George Onyango Odhiambo

Evelyn Ruth Njeri Weru Festus Mweu Mwangangi Fredrick Ochwa George Otieno Ouma

Evelyne Mbula Nzuki Festus Nyaata Mogere Fredrick Guandaru Thuita George Ruchathi Mwaniki

Everlyn Maureen Sumba Fidelice Anyango Opany Fredrick Kibet Rop George Sale Lwande

Everlyne Dzame Mwachinda Fidelis Limo Marabu Fredrick Musungu Sisule George Wachira Mahugu

Everlyne Monyangi Arisi Fidelis Maithya Mutisya Frida Waithera Mbugua Georgina Ziita Wabwire

Ezekiel Oduk Fiona Anyango Owino Gabriel Keith Gathumbi Getrude Chepngetich

Ezekiel Evans Simiyu Wafula Fiona Wanjiku Maina Gachoki Christopher Muriuki Getrude Indagwa

Ezekiel Njagi Munyua Flavian Mulama Gad Gathu Kiragu Gibson Gisore Nyamato

Ezekiel O Abang Fleming Omondi Lumumba Gathii Irungu Gibson Kimani Maina

Ezra Nyariki Nyarango Flora Chebet Gatune Mbarire Lucy Njiru Gibson Maina Kamau

Faith Concilia Were Florah Wairimu Gathii Genevieve Wasonga Gichura Wambugu Wanja

Faith Jemutai Kipkemei Florence Achieng Geoffrey Eric Odongo Gideon Kiprotich Yator

Faith Kanaga Gimaiyo Florence Muthoni Geoffrey Mulanya Ouma Gidion Kansiime

Faith Kaveza Jumba Florence Mumbi Kiawa Geoffrey Ondieki Ayuka Gikwa Patrick Kungu

Faith Nduta Mwangi Florence Wairimu Muturi Geoffrey Sore Monyani Gilbert Kinyua

Faith Opisa Netia Florence Wanjiru Gitau Geofrey Getuma Amayio Gilbert Oduor Onyango

Faith Waguthi Waigwa Francis Andrew Moriasi George Gilbert Otieno Gilbert Okero Ombachi

Fallen Kerubo Omari Francis Carrey Odhiambo George Gitamo Onsombi Gillian Chepchumba Simatwo

Fanuel Kakai Ngome Francis Karanja Nganga George K Onsomu Ombati Gillian Tabitha Atieno Ombogo

Fatma Muiruri Ndungu Francis Kissinger Kakai George Kalice Onduru Githaiga Jackline Njeri

Faustine Atieno Osewe Francis Maina Ndungu George King Adogo Maranya Gituma Kenneth Kirimi

Felista Wavinya Mbaluka Francis Manthi Masika George Luchiri Wajackoyah Gladwell Wathaiya Kamau

Felix Kiprono Francis Mburu Machua George Maina Gichuru Gladys Njeri Ngugi

Felix Momanyi Francis Njuguna Mberere George Mocha Oywako Gladys Wambui Kiamah

Felix Matchel Kajo Francis Omollo Ndar George Moibi Mose Gladys Wanjiru Waihiga

Felix Midikira Ayuya Francisca Ngina Wambua George Mugwe Njuguna Gloria Atieno Okeyo

Felix Mokaya Omwoyo Frank Habakkuk Nabutete George Muriithi Muthee Gloria Edna Wawira

Felix Muuo Mulekyo Frank Ochieng Walukwe George Nganga Mbugua Godfrey Nathan Kitiwa

Felix Ogechi Ombura Franklin Cheluget Kosgei George Ngugi Kimotho Godfrey Otenyo Makuyu

Felix Otieno Odhiambo Fred Edward Otieno Ambala George Omwansa Okenyo Grace Chemutai Chesang Kiptui

6

Grace Mudola Masingila Hassan Abdullahi Mohamed Imelda Chepkogei Ruto Jacinta Kegehi Mihega

Grace Njambi Muchomba Hassan Jamala Bake Imelda Ndanu Mutiso Jack Busalile Mwimali Ouma

Grace Njeri Mutungu Hedaya Malesi Kezzah Immaculate Pennynah Samba Jack Oronga Odhiambo

Grace Njoki Kihungi Helen Wangechi Munyiri Innocent Makaka Jackline Muthoni

Grace Nyabonyi Momanyi Hellen Tusiime Innocent Nyagaka Muma Jackline Muthoni Kiramana

Grace Syombua Mulwa Hellen Agola Opile Innocent Odhiambo Muganda Jackline Muthoni Mwangi

Grace Wambui Mathia Hellen Kerebi Onyiego Irene Akoth Otto Jackson Awele Onyango

Grace Waruguru Macheru Hellen Kwamboka Ombati Irene Musitsa Lukoba Jackson Bwonwonga Omwenga

Graham Gitonga Gerry Hellen Ngessa Okolla Irene Mwende Kiwool Jackson Irungu Nduati

Gregory Mutai Hellen Nkatha Ringera Irene Wambui Thamara Jackson Kaibunga Kaberia

Gregory Karungo Ngethe Henia Samuel Ruara Ireri Mafrick Munene Jackson Kiroko Ndegwa

Gregory Makabila Makambo Henry John Oduor Irine Nafuna Sikuku Jackson Mwangi Kamenju

Gustine Othuro Henry Okech Tsombe Isaac Kiche Adoyo Jackson Reuben Karuga

Guy Spencer Elms Henry Roberts Muranje Isaac Marubu Jacob Mwendwa Malelu

Hadelite Kwamboka Isaac Herbert Jeremiah Ashiruma Isaac Ngatia Wambugu Jacob Punga Mkala

Hannah Gathoni Njeri Herbert Mburu Ndungu Isaac Njoroge Mwaura Jacqueline Akinyi Okeyo

Hannah Nguhi Wanyoike Herine Akoth Kabita Isaac Onyore Mose Jacqueline Ann Akhalemesi Anam

Hannah Wahu Kariuki Hezekiah Aseso Omollo Isaac Oyugi Meroka Jacqueline Atieno Omol

Hannah Wambui Kinyanjui Hezekiah Macharia Kiruki Isaac Ratemo Mogaka Jacqueline Chelagat Talel

Hannah Wangui Githuku Hilary Mbavu Muthui Isaac Simiyu Kuloba Jairus Stephen Otieno

Hannah Wangui Ndarwa Hiram Kirimi Kathurima Isaac Thuku Wahome Jalson Makori Nyaega Ondieki

Hannah Wanjiku Waweru Hosea Peter Mutembei Isaiah Mudambi Mandala James Anyanzwa

Hans Kevin Oichoe Humphrey Karatu Ishmael Kiragu Maingi James Kingara

Harold Frank Ayodo Humphrey Mwabebe Manyange Ishmael Nyangara Nyaribo James Okao

Haron Were Olando Humphrey Odhiambo Obach Ivor Aska Nyamita James Gachiri Ndungo

Harriett Chepkemboi Kosgei Ian Kirimi Karwanda Ivy Adah Atieno James Gichuru Gikunda

Harris Kukundakwe Ibrahim Kitoo Ivy Chebet Namasaka James Gitau Mwara

Harrison Nyingi Githinji Ibrahim Emali Otiende Ivy Mumbi Kathungu James Githaka Nginya

Harry Otieno Bob Mosi Ibrahim Hussein Halima Ivy Onundo Okeyo James Githinji Kihumba

Harry Stephen Ouma Arunda Ibrahim Omolo Onyata Ivy Wangu Ngui James Githongo Kimani

Hashim Abdulkadir Idah Alyne Khaiga J G Kahuthu James Ivia Kitonga

7

James Juguna Joroge Jean Wanjiku Mwaura John Kariuki Joseph Mugo Kamau

James Kamau Njeri Jeanette Frances Amito John Gikenye Mbugua Joseph Musomba Ngumbau

James Kibe Kangethe Jeff Kimata Mukui John Kiarie Njuguna Joseph Muthini Nzioki

James Kiptalam Kipkemei Jeffrey Mwenda Muriungi John Macharia Njuguna Joseph Nganga Karanja

James Mbugua Mburu Jemimah Moragwa Ogango John Manasses Obetto Joseph Njenga Njihia

James Mbugua Njenga Jemimah Wanza Keli John Mburu Nganga Joseph Nyamao Angwenyi

James Mungai Ndabi Jenipher Catherine Ombonya John Mwariri Warui Joseph Oduor Otieno

James Ndungu Njuguna Jennifer Watiri Munenge John Ngugi Njuguna Joseph Okari Agwata

James Njoroge Ruiru Jeremiah Mungai Njoroge John Njoroge Thiongo Joseph Thiro Kiano

James Njuguna Muri Jeremiah Ongeri Samba John Ochang Ajigo Joseph Waema Kavoi

James Odhiambo Nyegenye Jeremy Mbugua Njenga John Odera Were Joseph Wanganga Wakaba

James Oduol Ochieng Jesse David Oduor John Odhiambo Ochola Josephine Achunga Oyombe

Jane Cheptoo Masai Jessica Gatakaa Mutegi John Otieno Abwuor Josephine Chepkoech Koskei

Jane Ndaisi Kwinga Jessica Njeri Mmbetsa John Otieno Maurice Omuga Josephine Kemunto Omwenga

Jane Njeri Onyango Njoki Jethro Kibet Cheboi John Rose Mutete Josephine Mokaya Yasmin

Jane Njoki Kimathi Jewel Gori Ondari John-Lewis Onkendi Joshua Mwiti

Jane Wambui Mbugua Jill Obuchunju Barasa Johnson Braun Anyasi Joshua Amunga Jevugwe

Janet Nduku Jimmy Mwangangi Ounga Johnson Chet Isiji Joshua Kembero Ogega

Janet Amollo Othero Jimmy Sausi Ochoki Johnson Ongonga Udoto Joshua Mariga Orangi

Janet Kemunto Okari Jimmy Simiyu Wafula Johnson Otieno Adera Josphat Thuo Njoroge

Janet Nasimiyu Wekesa Jinaani Nzioki Mbiuva Johnson Waihura Gichohi Journey John

Janet Wambere Mwangi Joan Kariuki Johnstone Morgan Omusundi Joy Katunge Matheka

Japheth Sang Kiprotich Joan Apuun Atim Jonathan Mwambonu Mwakughu Joy Nancy Wakarema

Jared Juma Ongeta Joan Chemutai Kiget Joseph Dondo Joy Ochieng Othieno

Jared Sagwe Mecha Joanne Njambi Karanja Joseph Agutu Omolo Joyce Kirunga

Jared Silvester Odhiambo Job Nyasimi Momanyi Joseph Braimoh Ndungu Mburu Joyce Chepkoech Siror

Jason Allen Nambalu Namasake Jockbed Muthoni Ngongu Joseph Gichungu Mbogo Joyce Miguda Majiwa

Jason Kiambi Mungania Joel Muthuki Kabaiku Joseph Gitonga Riungu Joyce Mihadia Afanda

Jasper Odhiambo Lubeto Joel Okerosi Ochako Joseph Karuru Muchemi Joyce Wangari Kagai

Jayant Chunilal Rach Joel Ondieki Nyamumbo Joseph Makumi Kamau Judah Kiio Kioko

Jean Pamela Ndede Manasseh Joha Khalid Kabanda Joseph Mugo Gachambi Judith Murungi

8

Judith Adhiambo Otieno Oduge Kairu Linet Wamuyu Kennedy Otieno Ochieng Kipkemboi Bartuos

Judith Adongo Oloo Kamadi Kevin Akidiva Kenneth Kiplagat Kipkorir Amos Rotich

Judith Apiyo Orengo Kamau Lillian Wanjiru Kenneth Dan Ameyo Kipkorir Hillary

Judith Chebet Koech Kanini Alex Mutua Kenneth Kangiri Gichuhi Kiruja Caroline Miriko

Judith Yatich Kaimogul Karanja Maureen Waithira Kenneth Karanja Kibathi Kithinji Gitonga Muriuki

Judy Chebet Ngeny Karen Muthoni Mate Kenneth Kirimi Mbobua Kofuna Ogwire Lawi

Judy Nyawira Guandaru Kaur Virdee Samrita Kenneth Mwaniki Gachomo Korir Ellone Kiprotich

Judy Wanjiku Njoroge Kazuri Wanjiku Ndunyu Lumen Kepher Kiche Ojijoh Laura Mbithe Mwadime

Juliana Wamaitha Njiriri Keith Wesonga Onjoro Kerubo Nyamongo Laura Mtingu Luvisi

Julie Wahonya Kelvin Arnold Mutua Keter Sharon Jerotich Laura Wairimu Muriithi

Julie Kavoche Misole Kelvin Kihoro Kimani Kevin Gitau Mwangi Laura Wanjiru Gacho

Julie Kemunto Matoke Kelvin Kinyanjui Maina Kevin Kinengo Katisya Laureen Achieng Wadegu

Julie Soweto Aullo Kelvin Koome Murithi Kevin Odhiambo Kokebe Lavinia Karambu Anampio

Juliet Obaga Nyangai Kelvin Maina Gathara Kevin Omondi Mwalo Lawi Richard Ogutu

Julius Kerry Job Ngeresa Omuga Kelvin Mutuma Mbaabu Kevin Robert Onyango Lawrence Kimondo Mutuaruhiu

Julius Maruja Kiboen Kelvin Njoroge Nganga Kevin Sunday Oloo Lawrence Nganga Kiongo

Julius Mbaabu Inoti Kelvin Oduor Mbogo Kevin Turunga Ithagi Lawrence Njoroge Mugo

Julius Muchene Njoroge Kelvin Wainaina Kinyanjui Kevin Wakwaya Onyango Lawrence Odero Madialo

Julius Mwangangi Kitheka Ken Mathangani Wachira Khabakha Allan Otsyeno Lawrence Oigoro Nyangito

Jully Adhiambo Kamollo Kennedy Adipo Okello Godrick Khadija Kassim Farheen Lawrence Rurige Mwangi

June Audrey Kathoni Gachui Kennedy Kenaz Bwomote Kibaba Nanjala Phylis Leaky Kamau Wanjau

June Nyambura Wandia Kennedy Kiprop Kilele Kihara Nicole Wanjiru Lee Mutunga

Justice Kipyego Kirui Kennedy Koome Marete Kihenjo Ruth Wacuka Lemmy Regau Nyawade

Justine Asiago Amoro Kennedy Marete Mutembei Kilenyet Leonard Olowuaru Lena Chepkosgei

Justine Bosire Oyunge Kennedy Matotse Chadianya Kimani Muhoro Lenah Karwitha Mugambi

Justus Ambutsi Wabuyabo Kennedy Musa Mugo Kimani Rucuiya Leo Masore Nyangau

Justus Jeffery Olaka Kennedy Mutiso Ngyema Kimani Waweru Leonard Bett Sigey

Justus Kiprop Kisabit Kennedy Oduor Wanyanga Kimanzi Clinton Benard Leonard Gethoi Kamweti

Justus Maithya Munyithya Kennedy Onserio Mogire Kimathi Charles Ncooro Leonard Katunga Mbuvi

Justus Maronga Omagwa Kennedy Orangi Ondieki Kinyanjui Shadrack Wambui Leonard Kibet Rono

Justus Mutisya Mutia Kennedy Osoro Omwoyo Kinyua Agnes Kirigo Leonard Nzioka Ngolya

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Leonard Otieno Omogo Loserian Tukei Lodupo Magdeline Filah Martins Martin Chege Gakuhi

Leornard Mugusa Katuga Louisa Besty Nafula Mageka Vivian Nyabeta Martin Gichovi Mwaniki

Levi Nagwere Louise Njeri Waithaka Maina James Karanja Martin Machira Ngati

Lilian Amere Machio Lucas Taracisio Murage Maina Miriam Wanjiku Martin Muchoki Maina

Lilian Atuo Opondo Lucy Akinyi Onam Mamo Huka Abudho Martin Mutisya Muthengi

Lilian Kache Gona Lucy Auma Radoli Manacha Nyabuto Oonge Martin Mwangi Maina

Lilian Ndinda Francis Lucy Isabellah Wanyama Manasseh Kiplagat Tunen Mary Akinyi Rebecca Olotch

Lilian Nyaboke Obiye Lucy Muthoni Kambuni Manvinder Kaur Sehmi Mary Asha Mikinyango

Lilian Nyambura Kariuki Lucy Njeri Gathua Marcelino Simon Lesaigor Mary Flavia Aciro

Lilian Wakarura Irungu Lucy Sereu Moinket Margaret Adhiambo Mugenya Mary Gathoni Kamau

Lillian Ndanu Kiswili Lucy Wangari Kamau Margaret Muthoni Mutai Mary Kanini Kitoo

Lillian Wanjiru Muiru Lucy Wanja Gitari Margaret Njeri Kinyanjui Mary Muthoni Morrison

Lily Musinga Kaloo Mbeve Lucy Wanjiru Murigi Wangombe Margaret Wambui Miringu Mary Mwathi Kitonga

Lincoln Waicigo Kamau Lumili Javier Munzala Margaret Wanjiru Kamau Mary Nyambeki Onkundi

Linda Beatrice Akinyi Olweny Luyali Mbalilwa Suzanne Khadambi Margarita Adhiambo Adongo Mary Nyambura Kamau

Linda Isabel Ngesa Lydia Wanja Maria Mbeneka Mutua Mary Wairimu Cuna

Linda Mutheu Nguni Lydia Akinyi Owuor Maria-Goretti Nyariki Mary Wambui Njogu

Linda Mwaiki Nzioka Lydia Munyiva Muthiani Marianyi Eliud Senteu Mary Wangari Wanjiru

Linda Nyangasi Wanjala Lydia Nyambura Musyimi Marietta Hajilo Mkala Mary Wanjiku Kinyanjui

Linda Syomiti Mwanza Lydia Wanjiku Gitaka Marietta Hajilo Mkala Mary Wanjiru Muhuhu

Lindah Gakii Kiome Lydia Wanjiru Mwangi Marion Jebet Rotich Maryanne Mwihaki Wanyoike

Linus Mwangi Irungu Lydiah Bochere Oyaro Mark Mukuha Wanjohi Maryanne Wambui Karani

Lisa Wairimu Wanjohi Lynda Kemunto Mokaya Mark Mutua James Makau Maryanne Wanjiru Murimi

Lisper Njeri Kaaria Lynette Akinyi Oyugi Mark Ndumia Ndungu Maryconcepter N Nzakuva

Lista Kemunto Peter Lynn Mbeti Michuki Mark Ngatia Mwau Marygoretti Tororey Cheruto

Lois Mwende Musikali Lyyn-Loice Alenga Azenga Mark Steve Ouso Kotonya Marykaren Chesang Kigen -

Loise Awuor Otieno M Kimani Mwangi Mark Waziri Omollo Marypauline Katumbi Mailu

Loise Mumbi Njuguna Gikandi Macharia Njeru Marshel Samora Masai Mutune

Lorna Akinyi Nyandat Macharia Lydia Njoki Martha Nafula Chika Masitsa Musambayi Nardine

Lorraine Adoli Oyombe Madhav Naval Kishore Bhalla Martha Wambui Waweru Mati Job Mwendwa

Lorraine Naswa Barasa Magdaline Nyambura Mwangi Martha Wanjiru Nderitu Matildah Norah Kisengese

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Maureen Awuor Okoth Mercy Wairimu Maina Mimi Aldrine Amulyoto Moses Wachira Githinji

Maureen Chepkemoi Cheruiyot Mercy Wambui Gitau Miriam Akala Maina Mubiike David Bangi

Maureen Mbwetha Shaba Mercy Wangari Mwaniki Miriam Chepchirchir Metto Muchui Eva Wambui

Maureen Santa Uchi Munga Mercy Wanjiru Mathai Miriam Chepchumba Bomett Muendo Muasa Uvyu

Maureen Wairimu Mwangi Meshack Asino Kwaka Miriam Nzilani Mweu Mueni-Nyokabi Musyimi

Maurice Gichuhi Meshack Musau Kathyaka Miriam Wambui Gaituri Muganda Wendy Faith

Maurice Masangya Muema Metrin Mmboga Esialila Mirriam Mutanu Kimondiu Muge Bishop Lawson Ondieki

Maurice Nzuki Munywoki Mical Athic Awuor Miya Bell Achieng Muhanda Sylvia Ashitsa

Mbinda Dominic Muinde Michael Goa Mogiri Ruth Masiko Muinde Kaluu

Mbuthia Samson Kinyanjui Michael Gakuria Mathini Mohamed Abdi Hashim Muinde Cosmas Njoroge

Meeta Kanubhai Patel Michael Gakuria Mathini Mohamed Daud Adan Mukeli Daniel Mwendwa

Meja Munene Mutuma Michael Gatuhi Nderitu Mohamed Zainab Jirma Mumbe Daudi

Melanie Majuma Munyori Michael Gichinga Kahare Mohamud Sheikh Muhumed Munene Martin Micheni

Melissa Ngania Michael Kamau Kinga Mongare Gekonga Mungai Macharia Migui

Mercy Cherotich Michael Kitili Asiyo Monica Muthuri Karambu Murgor Christopher Kiprop

Mercy Muthuuri Michael Mainye Manyara Monica Njeri Murigi Murithi Mwenda Jamlick

Mercy Achieng Nyabenge Michael Muasya Ndunda Monica Ordril Orao Musa Juma

Mercy Akeyo Okiro Michael Muchemi Ndegwa Morris Jamhuri Kisia Musinde Peter Nasubo

Mercy Chebet Cherongis Michael Mwaura Kiruti Morris Mutunga Mbulo Musoga Josephine Imali

Mercy Chelangat Ngeno Michael Wangila Maruti Morris Peter Kinyanjui Musonera Kent Kori

Mercy Dorcas Epiche Michelle Anyango Oindo Moses Alutalala Mukhwana Mutanda Moses Musau

Mercy Kalondu Wambua Migwe Kimemia Moses Amwata Angaya Mutea Michael Muthuri

Mercy Kareji Kisanya Milcah Gathoni Mugo Moses Asiimwe Manzi Mwangi Kariuki

Mercy Lozi Taura Mildred Awinja Okwomi Moses Gatitu Wangoo Mwasaria Mbatia

Mercy Mataa Maina Milka Wambui Ngige Moses Kenyanchui Nyagetari Mwaura Kabata

Mercy Mawia Mwinzi Milkah Wahu Kuria Moses Kipngetich Kurgat Mwende Chemba

Mercy Moraa Nyambane Miller Kiptoo Tenai Mworia Moses Loveto Masolia Nadya Atieno Ogwonyo

Mercy Nduta Mwangi Miller Obare Ateka Moses Njoroge Muchiri Naftali Okwanyo Masara

Mercy Nkirote Kaima Millian Egehiza Aligula Moses Njoroge Mugo Nancy Chepchumba Rop

Mercy Obado Ochieng Millicent Nyabando Oseko Moses Osano Osoro Nancy Chepkemoi Rotich

Mercy Otieno Aoko Millycent Achieng Okello Moses Sitati Munoko Nancy Gathoni Murage

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Nancy Kinya Kinoti Ngene Sylvia Mbaire Nyangara Dorothy Nyakiana Pamela A. Olotch

Nancy Nyanchama Matoke Ngigi Ann Wanjiku Nyipolo Edwin Omondi Pamela Wikhala Khayemba

Nancy Shephard Arunga Ngila Reynard Kilonzo Nyuguto Monica Muthoni Pamphil Matsekhe Oundo

Nancy Waruguru Mwangi Ngugi Lynn Waithera Obade Sharon Atieno Parnwel Murimi Murango

Nanda Nasra Nicholas Kokita Ochanyo Brian Onyango Patricia Lukamba Waliaula

Nandi Mugambi Nicholas Kamande Thagichu Oduor Emma Odindo Patricia Munyiva Musyoka

Nangalwe Mwenya Muniafu Nicholas Kamuya Ngarua Ogato Everline Nyanchama Patricia Njeri Thuku

Naomi Laureen Ongayo Nicholas Karanja Mungai Okeiga Bernadette Shirley Patrick Barasa

Naomi Moraa Ombongi Nicholas Musyoka Malonza Okuku David Sewe Patrick Arnold Otieno

Naomi Nafula Muliro Nicholus K Wilson Bichanga Oliver Kipchumba Mutai Patrick Blasius Owiny

Naomi Njeri Mungai Nicholus Owino Peter Abidha Olivia Gakenia Ngige Patrick Murimi Nthiga

Naomi Nyambura Wagereka Nick Biketi Malenya Olivia Sinana Chege Patrick Nyamu Kanyi

Narasha Winnie Molonko Nick Githinji Ndichu Ombori Rogers Monda Patrick Ochume Otinga

Nathan Muhatia Pala Nick Mairura Momanyi Omtole Rebecca Okayana Patrick Owino Mulaku

Ndirangu Muriithi Nick Otieno Osoro Onganga Edna Kwamboka Patterson Munene Kamaara

Nduta Christine Wamaitha Nicodemus Jesse Odhiambo Ouma Onsare Doreen Moraa Paul Wafula

Neala Kagai Wanjala Nimrod Matunda Odongo Onsomu Hosea Manwa Paul Chepkwony Elkington

Neddie Eve Akello Njeri Kangethe Onwonga Ogeto Paul E. Otieno Ogunde

Nelius Njoki Macharia Njeri Lynne Muchira Oriema Marvin Joel Okoth Paul Iluvya Mutunga

Nelly Kasiso Ngovi Njeri Mary Kimani Oscar Litoro Paul Kimani Mwangi

Nelly Muthoni Kiragu Njonjo Waringa Oscar Kinyua Wakina Paul Maingi Musyimi

Nelson Ogeto Noel Musee Musya Oscar Ogilo Odindo Paul Mirito Bosire

Nelson Andayi Havi Noel Mwende Kitonga Oscar Yegon Sang Paul Murithi Muthaura

Nelson Arwanda Misoga Noreen Waithira Kago Osiemo Illa Leackey Paul Musungu Makokha

Nelson Kipruto Tunoi Nyabuto Rister Nyambeki Otieno Allan Muga Paul Ngigi Karomo

Nelson Muturi Harun Dumbeyia Nyaga Mugo Otsyula Pauline Makokha Paul Noberts Wanga

Nelson Odongo Nyaduwa Nyaga Everlyne Mukami Owino Samwel Nyauke Paul Omondi Ogendi

Nerima Akinyi Were Nyakeri Boaz Amoro Owuocha Alphonce Omondi Paul Otieno Aol

Newson Collins Wambua Mulei Nyambura Kinyanjui Owuor Ajwang Maurice Paul Wanyoike Thuo

Newton Muthumbi Mwangi Nyamweya Jackson Omwanza Oyuchi Sharon Nechesa Paula Atukunda

Ngati Nganga Munene Nyandwaro Hannah Boyani Pamela Opiyo Pauline Achieng Kenyatta

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Pauline K Kitenge Peter Ngola Makau Priscah Wambui Chege Rehema Mwikali Mutunga

Pauline Kanyaa Mbuthu Peter Odiwuor Ngoge Priscilla Mawia Musikali Renee Nyaguthii Ngamau

Pauline Makena Meme Peter Okundi Ogonji Priscilla Moraa Swanya Ribin Nyarangi Ondwari

Pauline Mudeshi Muhanda Peter Otieno Pete Priscilla Nduru Njuguna Richard Omwela

Pauline Njoki Karanja Peter Wafula Barasa Priscilla Wamuyu Kagucia Richard Momanyi Magare

Pauline Wanjiku Kamunya Peter Wafula Simiyu Purity Jeptepkeny Richard Ngari Wanjohi

Pauline Wanjiru Wambugu Peter Waititu Macharia Purity Ndanu Wambua Richard Wambua Masavi

Paurvi Ramesh Rawal Peter Walela Mugalo Purity Wadegu Ouma Rindley Nyagami Nyambane

Peace Mwende Mavindu Peter Wanyama Manyonge Queenton Ochieng Odhiambo Rispah Muthoni Mwangi

Peninah Motabori Masore Petersons Angwenyi Rachael Makinia Masika Rita Achola

Peninah Wambui Gitau Phanice Iyapa Odeo Racheal Mbithe Nzuki Rita Asekenye

Peninah Wanjiku Kinyua Philemon Lemein Racheal Wambui Thumbi Rita Muthoni Kariuki

Perister Kwamboka Omwenga Philip Nyamori Mose Rachel Omukatia Shibalira Rita Wanene Mukundi

Perlyne Chiema Edel Omamo Philip Odhiambo Malanga Rael Muyindi Kakai Rita Wangui Waruingi

Perpetua Njeri Mwangi Philip Ongondi Omoro Rael Olesi Oddiaga Rixon Ochieng Shikuku

Peter Evans Omondi Kwaro Philip Seje Obado Rahab Muthoni Njoroge Robert Gacuca Gathungu

Peter Gacheru Nganga Phillip Karanja Wachira Rahab Njoki Kimani Robert Kaniu Gitonga

Peter Gachuhi Wainaina Phillip Parsaloi Karasha Rahab Wambui Muchai Robert Kevin Muthuri Kiriinya

Peter Gicheha Kamau Philly Janet Anyango Rajab Sumba Odongo Robert Moses Tombe

Peter Gitahi Munyi Philomena Nafula Makokha Ramadhani Abubakar Mukira Robert Mungathiah Matano

Peter Irachu Kamero Phoebe Wamukore Mwaniki Ramo Ojenge Kwame Robert Muriuki Mbogori

Peter Kamura Karongo Phylis Njeri Karanja Rapando Victor Netia Robert Muya Karanja

Peter Kimani Ndichu Phylis Wanjiku Muguro Raphael Edmund Warui Robert Nyagwansa Miruka

Peter Kimathi Mwiti Phyllis Kathini Mueke Raphael Nzuki Nzioka Robert Omondi Owino

Peter Makumi Mwangi Phyllis Wanjiru Waruhiu Ray Omondi Onoka Aboge Robert Ondieki Birundu

Peter Mathenge Gitonga Phyls Muthoni Waithira Raymond Ekutu Nyongesa Robert Otegino Ojou

Peter Mutisya Nyamu Polycarp Kuchio Tindi Raymond Saya Molenje Robert Wanyonyi Mwangale

Peter Mwangi Muchira Polycarp Lisievi Agoi Rebecca Kiprono Robi Chacha Mosenda

Peter Mwangi Muthoni Praxidis Namoni Saisi Rebeccah Waithera Ndungu Rodah Kemunto Muriungi

Peter Mwania Mbithi Prestone Wawire Ndombi Redempta Akoth Okwany Rodgers Isaboke Atunga

Peter Mwaura Kamau Prisca Jeptoo Adomeyon Reginald Nguto Kimeu Rodgers Otieno Odhiambo

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Rodgers Ruthugua Karumpu Saeeda Najmudeen Al-Harazi Sarah Kemunto Mose Sheilla Salome Oriwo

Roger Lewis Kanyoko Salim Ali Mwadumbo Sarah Mutheu Mutune Shellomith Wangare Irungu

Rogers Ngoo Shako Salome Atieno Odero Sarah Nanyama Kitui Shiyukah Lamech Jumah

Ronald Bakasa Webale Samali Kukundakwe Sarah Njeri Ndwiga Sikuta Moses

Ronald Khavagali Museve Samantha Mukoya Masengeli Sarah Njoki Mwangi Simon Gakuu Waithaka

Ronald Kipkoech Kibet Sammy Wekesa Sarah Wakiugu Mwangi Simon Kirimon Romo

Ronald Morara Ngisa Samson Alexander Mwicigi Seeraj-U-Din Ayub Essak Dada Simon Macharia Chomba

Ronald Mullomi Godwin Okello Samson Kivati Musesya Selina Musungu Okwisya Simon Matiri Njuguna

Ronnie Gonahasa Samson Onyango Alosa Serah Njoki Mungai Simon Mungunu Mburu

Rose Kamau Kawira Samson Samuel Akhwale Serah Wairimu Njenga Simon Ngatia Kiriba

Rose Moraa Onsare Samuel Kandere Seraphine Sabina Ndala Simon Njege Nyakio

Rose Nanjala Wangasa Samuel Abuga Mogusu Serunjogi Joshua Simon Peter Leibor

Rose Nyamoita Nyaswenta Samuel Gichoya B. Ngigi Seth Joel Ongiri Simon Soi Kingoo

Rose Wanjiru Kinyati Samuel Gichuki Waigwa Sethna Isabwa Atonga Simon Waweru Ngugi

Rose Wavinya Wanjala Samuel Kabugi Njuguna Shadrack Joseph Gatore Singh Davinderpal Virdee

Roseann Gathoni Kibera Samuel Karanja Muthondio Shadrack Mutua Mulanga Skitter Koki Nthuli

Roselida Atieno Achar Samuel Kioko Musyimi Shadrack Mwendwa Mwinzi Solomon Lempere

Roselynn Ambunya Oronga Esonga Samuel Maina Karanja Shadrack Njuguna Gichuki Solomon Awino Okeyo

Rosemary Atieno Okumu Samuel Mbiriri Nderitu Shako Florence Karimi Gakungi Solomon Gatobu M'inoti

Rosemary Gaceri Mutema Samuel Michael Onyango Shariff Ibrahim Feisal Solomon Kioko Kivuva

Rosemary Wamuyu Mwangi Samuel Mwangi Thuo Sharon Wairimu Solomon Mwangi Mugo

Rosemary Wanjiku Thiongo Samuel Mwaniki Kariuki Sharon Akinyi Awandu Sonia Stephanie Nyambura

Roy Inzoberi Mwenesi Samuel Njuguna Kariuki Sharon Jepkosgei Olbara Sophie Akello Ochieng

Rukiya Akinyi Otieno Samuel Omwenga Aunga Sharon Musimbi Chahale Sophie Chebet Chirchir

Ruth Chepkemei Lemlem Samuel Otieno Kuyoh Sheila Amani Kambita Stacey Katile Sammy

Ruth Kerubo Ayunga Samuel Owade Muga Sheila Anyango Nyayieka Stallone Akanga

Ruth Mukami Mwika Samuel Wahome Kimani Sheila Endekwa Rashid Stanley Muluvi Kiima

Ruth Nanjala Bikambo Samwel Ooko Augustine Owino Sheila Indata Okumu Stanley Mutinda Nthiwa

Ruth Wangari Mbiri Sandra Kemuma Otuke Sheila Murugi Mugo Stanley Ndungu Kinyanjui

Sabina Wanjiku Njogo Sarah Amondi Jumma Sheila Ngithi Mbogo Stanley Thiongo Nduati

Saeed Minaxi Samnakay Sarah Bochere Omariba Sheila Ondiso Obiayo Stella Amisi Orengo

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Stella Kalunde Kyengo Sylvia Wanjiku Kimathi Tom Odhiambo Ojienda Vincent Mulondo Watako

Stella Katulu Muendo Tabitha Griffith Saoyo Tom Odhiambo Onyango Vincent Suyianka Lempaa

Stellar Njeri Wawira Tabitha Mbei Kimotho Tom Oduo Kopere Vinecensia Akoth Juma

Stephanie Adhiambo Okoth Taquyudin Haithar Abdi Tom Oigara Oganda Viola Akinyi Ochola

Stephen Gakonyo Wanyoike Tawana Kenda Miheso Tom Okoth Ogola Viola Ayoo Odipo

Stephen Gitonga Mureithi Teddy Johana Otieno Musiga Tonny Urangu Mzame Violet Avoga Oyangi

Stephen Juma Saenyi Teresia Mwongeli Nzyuko Tracy Mammu Adoo Violet Grace Maranga

Stephen Kipchumba Kiptinness Teresia Wavinya Nicholas Valentine Jepkemei Violet Landa Wekesa

Stephen Koria Sikolia Teresiah Wanja Mwaura Valentine Nyokabi Njogu Virginiah Nduta Gichuhi

Stephen Musili Muli Terry Chebet Ronoh Valerio Mwathi Njue Vivian Atieno Ofwa

Stephen Musyoki Mogaka Terry Nyambura Irungu Vanessa Jepchirchir Vivian Mwende Wambua

Stephen Mwaura Muhia Theresia Gathoni Mukira Verah Kemuma Momanyi Vivian Namachanja Wambulwa

Stephen Njoroge Wachira Thomas Obel Veralucy Awuor Odhiambo Wachira Karuku

Stephen Ochieng Ogolla Thomas Kbahati Otieno Victor Augustus Onyango Wachuka Mirriam Maina

Stephen Okena Mabachi Thomas Kerongo Maatwa Victor Hezekiah Awuor Waguma Christine Adhiambo

Stephen Ouma Kedera Thomas Kimutai Rotich Victor Khayesi Mulindi Walter Achieng Obonyo Amoko

Steve Agong Ochola Thomas Mbaria Kuria Victor Kimani Mungai Walters Jacques Omondi

Steve Mwaniki Nyamu Thomas Mwita Marwah Victor Munai Olao Wambeti Catherine Muriuki

Steven Maluki Musili Thomas Odhiambo Atego Victor Ngechu Maina Wanga Angela Amboko

Steven Maluki Musili Thomas Otieno Oriwa Victor Odhiambo Adundo Wangai George Kogi

Steven Ruphinus Adere Thomas Oyugi Moindi Victor Okonda Akanga Wangui Wambui Mwariri

Susan Flavia Kalande Thuku Peter Wanyoike Victor Omboto Sabula Wanjiku Mucheru

Susan Kalondu Maingi Timothy Mukungu Victor Omondi Obondi Wanjiru Ngige

Susan Wambui Kagwe Maira Timothy Got Ondego Victor Onyambu Ondieki Wanyoike Waikwa

Susan Wamucii Mbumbuya Timothy Kamau Njenga Victor Thairu Nganga Wanyoike Noreen Gatiti

Susan Wangui Kariuki Timothy Ochieng' Omondi Victor Tito Kilonzi Wanyonyi Anthony Simiyu

Susan Wanjiru Njau Titus Lameck Omondi Ochich Victoria Nthenya Muya Ware Dullo Dullo Adan

Suzanne Gacheri Muthaura Titus Mungai Kinyanjui Victoria Patricia Wahu Wilfred Ngunjiri Nderitu

Sylvester Mbithi Muli Titus Wanjohi Mundui Vincent Alexander Oloo Adiado Wilfred Nyaga Mutuamwari

Sylvia Amamu Chitechi Tom Maina Kabau Vincent Anyona Onyancha Wilfred Obegi Maranga

Sylvia Wabaiya Muchira Tom Ochieng Ndalo Vincent Kaunda Borura Akarah Wilkins Ochoki Mogaka

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Wilkistar Mumbi Oluoch Winny Chepngetich Rop Zebida Wangari Mwangi Evans Thiga Gaturu

Wilkister Nyangito Winrose Njuguna Zena Atetwe Rashid Leila Waithira Muriithia

William Aluoch Ongoro Wislay Orenge Kiyondi Zeus Ombeva Mitto Stephen Ambrose Lulalire

William Kimutai Keitany Wycliff Omayio Mogaka Zipporah Kinanga Mogaka Morris Mutwiri Kaburu

William Silas Aluku Wycliffe Akuma Swanya Zipporah Nyakairu Ndegwa Harry Onyango Odondi

Willies Oloo Misare Wycliffe Jaketch Okinyi Zubeda Yussuf Mucheke Josephine Mokeira Onyiego

Willis Evans Otieno Kochieng Yvonne Atieno Otieno Moses Asiimwe Manzi Teresa Muthoni Mwangi

Wilson Luyali Alumasa Yvonne Boyani Manyaga Patricia Lukamba Waliaula Martin Ray Taban Mavenjina

Wilson Murigi Kamande Yvonne Brenda Ogera Rael Moraa Osiemo Allen Waiyaki Gichuhi

Wilson Mwihuri Ndungu Yvonne Kwamboka Maragia Manvinder Kaur Chiggai Harriette

Wilson Okweh Achiando Zachariah Mwambi Omweri Pauline Brenda Karanja Maria Mbeneka Mutua

Wilson Omondi Kombwayo Zachary Ichaura James Wachira John Robert Anuro Wananda Josephine Wayua Wambua

Winfred Osimbo Lichuma Zacky Odegi Opiyo Domiziano Mchokera Ratanya Joseph Nyaberi Osoro

Winnie Chemutai Songok Zahid Aamir Byron Menezes

Winnie Wangari Kimachia Zakayo Musungu Alakonya Munioh John Mukuna

Winny Cheptoo Zaphida Wangari Chege Caroline Wanjiru Ngechu

IN ATTENDANCE 1. Mr. Julien Kavaruganda - President, Rwanda Bar Association 2. Mr. Simon Peter Kinobe - President, Uganda Law Society 3. Mr. Pascal Runyange - Senior Advocate, Burundi Bar Association

ABSENT WITH APOLOGIES 1. Ms. Roseline Odede - Council Member 2. Mr. Rautta Athiambo 3. Mr. Antony F. Gross 4. Ms. Lillian Renee Omondi 5. Ms. Mercy Ndeche 6. Ms. Betty Nyabuto

AGENDA 1. Constitution of the Meeting. 2. Secretary to Read the Notice Convening the Meeting. 3. Adoption of the Agenda. 4. Silence in Tribute to Members Departed. 5. Confirmation of Minutes of the Ordinary General Meeting (AGM) held on 24th March 2018 at the Auditorium, Bomas of Kenya, Nairobi. 6. Matters Arising.

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7. Report of the Council pursuant to Section 26 of the Law Society of Kenya Act. 8. Presentation of the Accounts and Balance Sheet for the Year Ended 31st December 2018, pursuant to Section 25(2) of the Law Society of Kenya Act and Appointment of Auditors. 9. Consideration and Adoption of the Council’s Decision to have the Independent Electoral and Boundaries Commission (IEBC) Appointed as the Body to Undertake Elections for the Position of Membership to the Council pursuant to Section 20 of the Law Society of Kenya Act, in the Year 2020. 10. Notice of Motion by members given to the Secretary (if any).  Notice of Motion 1 by Aoko Otieno  Notice of Motion 2 by Aoko Otieno  Notice of Motion 3 by Evans Ogada  Notice of Motion 4 by Mary Kanini Kitoo  Notice of Motion 5 by Sylvester Mbithi Muli  Notice of Motion 6 by Brian Christopher Odongo  Notice of Motion 7 by Justus Mutia & Charles Kanjama  Notice of Motion 8 by Justus Mutia & Charles Kanjama  Notice of Motion 9 by Lempaa Suyianka  Notice of Motion 10 by Lempaa Suyianka  Notice of Motion 11 by Majimbo A. Georgiadis  Notice of Motion 12 by Wangila Waliaula 11. Any Other Business which may be admitted in Accordance with the Provisions of Regulation 35. 12. Closing of the Meeting.

CALL TO ORDER The President of the Law Society of Kenya, Mr. Allen Waiyaki Gichuhi called the meeting to order at 11.05a.m. The meeting begun with the playing of the National Anthem and the East African Community Anthem and thereafter, opening prayers by Mr. Julius Kitheka and Mr. Abdulkadir Hashim Advocates.

MIN. AGM 01/2019: READING OF THE NOTICE The LSK Secretary/CEO, Ms. Mercy Wambua, read the Notice dated 27th February, 2019, pursuant to Section 30(1), Section 32 of the Law Society of Kenya Act and Regulation 32(1) the Law Society of Kenya General Regulations 1962, convening the Ordinary General Meeting and the Agenda, which included twelve (12) notices of motion from members.

MIN. AGM 02/2019: ADOPTION OF THE AGENDA The agenda was adopted after the proposal by Mr. Steven Adere was seconded by Mr. Nathan Kitiwa.

MIN. AGM 03/2019: SILENCE IN TRIBUTE TO MEMBERS DEPARTED Members observed a minute of silence in tribute to twenty-eight (28) departed members of the Society, whose names were listed on page 155 of the Annual Report for the year 2018.

MIN. AGM 04/2019: CONFIRMATION OF MINUTES OF THE ORDINARY GENERAL MEETING (AGM) HELD ON 24TH MARCH 2018 The President invited members to go through the minutes of the previous Ordinary General Meeting held on 24th March 2018 at the Intercontinental Nairobi and notified members that the minutes commenced from page 1 to page 57, with pages 1 to 20, containing the list of members who were present and registered biometrically.

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Mr. Wilfred Nderitu pointed out that he was present at the previous AGM and noted that his name had been omitted from the list. The President indicated that probably he had been registered biometrically. He assured him that the same had been noted and would be corrected. Mr. Charles Khamala sought a clarification on the minutes on whether, index 1 were Advocates Benevolent Association (ABA) minutes, whilst those in small prints, were minutes of the LSK Ordinary General Meeting. The President confirmed that he was indeed reading from that which had been typed in big print. Mr. Charles Khamala later suggested that the President uses the small print, as the page numbers would tally with what the President was reading. The President confirmed that he was at page 25 in the small print document.

Minutes of the Ordinary General Meeting held 24th March, 2018 were adopted and confirmed as a true record of the deliberations. Mr. Mugambi Nandi proposed while Ms. Dorcas Kitaa seconded. MIN. AGM 05/2019: MATTERS ARISING The Secretary took members through the matters arising and highlighted the following items:

a) Coast Branch of the Law Society of Kenya It was noted that among the issues that arose from the last AGM, was the need for the formation of LSK Coast Branch. It was reported that through the Council Devolution Committee, the Council held several meetings between Mombasa Law Society and Malindi Law Society, which led to an inaugural Annual General Meeting of the Coast Branch, which was held on 25th January, 2019. The Secretary reported that during the General Meeting, interim Branch officials were elected, with Mr. Matthew Nyabena being elected as the Chairperson. In addition, the Coast Branch Charter was adopted. The matter has since been settled.

b) Enhancing Public Interest Incentivize From the previous meeting, it was agreed that there was need to enhance public interest, especially to create and establish incentives to reward pro bono work, including the use of surplus LSK funds. The Secreatry reported that the Council had reviewed the current disbursements given to advocates on pro-bono from Kshs.50,000 to Kshs.100,000 to apply on a case to case basis, depending on the complexity of the matter. She further reported that the Council had enrolled additional advocates on the pro-bono database, setting out their areas of specialty. She also appreciated all the members who expressed interest to be included on the database and those who have continued to offer their services on pro-bono basis not only to walk-in clients in search of legal aid at the LSK Secretariat but also those who take up public interest litigation cases on behalf of the Society.

c) Election of the Society’s Representative to the Rules Committee Members were informed that during the year, the LSK Representatives to the Rules Committee, Mr. Kevin McCourt and Ms. Noel Adegi, the Coast Branch Representative; had made proposals to have the rules of the Rules Committee and the Civil Procedure Act amended, to allow more representation to the Rules Committee. It was reported that pursuant to the Statute Law (Miscellaneous Amendments) Act, 2018, LSK had 8 slots and not 2, as it were. The eight slots were to be filled from nominations from each of the LSK Branches. Branches were therefore requested to forward their nominees for representation to the Rules Committee.

d) LSK General Regulations The Secretary reported that the LSK General Regulations were considered at the Special General Meeting held on the 15th of September 2018, during which members passed the Regulations with amendments. Members were informed that the changes were made pursuant to members’ decision and subsequently the Regulations were forwarded to Parliament for consideration.

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e) Legal Education Standards The Secretary informed members that an Ad-hoc Committee had been established by the Council but it was resolved during the previous Annual General Meeting the Committee membership be expanded to include representation from stakeholders. The Secretary reported that the Adhoc Committee had been re-constituted and is chaired by Ms. Esther Wangeci. Further the Secretary informed members that membership of the Committee was drawn from various stakeholders including Council of Legal Education and Kenya School of Law amongst others. She further stated that the Adhoc Committee had undertaken an online survey and was in the process of analyzing statistics and survey results with a view to developing a report to be shared with members. She thanked members for participating in the online survey.

f) Refund of Monies paid towards the International Arbitration Centre (IAC) It was brought to the attention of members that the process of refunding monies paid towards the IAC Project had been ongoing and the LSK Council had set up a structure to facilitate the refund to the members who had paid for the same. It was further reported that more than Kenya Shillings Seventeen Million (Kshs.17,000,000.00) had been claimed and refunded or utilized by members for practicing certificates. She informed members that all those who had applied for refund albeit a few delays, had received the refund.

g) Regional and Devolution Fund The Secretary reported that this had already been implemented enabling Branches to be stronger, more vibrant and actively engaged in various activities as indicated in the Annual Report.

h) Furnishing of the Advocates’ Lounge in Malindi The Secretary informed members that the furnishing of the Lounge at the Malindi High Court was complete and was launched on the 8th of July 2018 during the Council’s Coast Branch Visit.

i) Review of Various Statutes The Council had been mandated to petition Parliament to review Section. 18 of the Law Society of Kenya Act and provisions of the Constitution touching on qualifications for one to vie for a position in the Judicial Service Commission (JSC). The Secretary reported that on 18th May 2018, the Society petitioned Parliament on the same. She further informed members that in October 2018, she appeared before Parliament and made oral presentations of the petitions. Subsequently, in December 2018, the Society received a report from the National Assembly, forwarding the Report of the Departmental Committee on Justice and Constitutional Affairs, with the recommendations. The petition had been rejected. The decision had already been shared with members via email.

j) Revise and Review Electoral Code of Conduct by Deleting Rule 14 of the Electoral Code Members were informed that the revision had since been done and the Code of Conduct subsequently circulated to members.

k) Recruitment of a Welfare Officer- Advocates Benevolent Association It was noted that a Welfare Officer who was also an advocate of the High Court of Kenya, had been recruited under the Advocates Benevolent Association.

l) Periodic Report Members were informed that the Council had been very proactive in engaging them through various strategies. These included issuance of periodic reports, committee progress reports, Council goals and activities. All these reports were shared with members via email. In addition, the Society had obtained reports from the LSK representatives, which reports had been included in the Annual Report.

m) Provision of Lunch during the LSK AGM The Secretary informed members that lunch was to be provided to all members during the Ordinary General Meeting. However, she cautioned members on the cost implications and the need to review the same. 19

Sen. . thanked the Council for the report. He however noted that there was a misconception that when documents were forwarded to Parliament, they have also been forwarded to the Senate. He indicated that he together with colleagues that serve in the Senate were yet to receive the Regulations. The President noted that there would be a follow up to ensure that the Regulations are forwarded to the Senate.

Mr. Brian Odongo proposed that the motion be brought back to members. He indicated that at the SGM, it had been agreed that first the Regulations be passed, secondly be passed with amendments and thirdly upon amendments, the Regulations be returned to members to have a look at them and confirm the changes before being forwarded to Parliament.

The President in response corrected Mr. Odongo, stating that there was no resolution to the effect that the Regulations would be returned to the members. He noted that what members agreed upon was that once amendments had been effected, the Regulations would be forwarded to Parliament.

Mr. Sylvester Mbithi reiterated what Mr. Odongo had presented and requested that the minutes of the SGM and the revised Regulations be circulated to members via email.

The President indicated that the minutes as well as the final Regulations would be circulated to the members.

Resolution: The Minutes of the SGM held on 15th September 2018 and the amended Regulations be circulated to members.

MIN. AGM 06/2019: REPORT OF THE COUNCIL PURSUANT TO SECTION 26 OF THE LAW SOCIETY OF KENYA ACT The President called upon the Secretary to present the Report of the Council, on behalf on the Vice President, Ms. Harriette Chiggai. The Secretary noted that the report had been circulated in advance. In addition, it was reported that the Council had issued an interim report of the activities undertaken in the the previous year. The report highlighted the following achievements and progress that the Council had made in the past twelve months (12) on behalf of the Society:

Council Retreat, Meeting with Branch Chairpersons and the ABA Board The Secretary reported that the Council had held a retreat from the 17th to 22nd of April 2018 where corporate governance and strategic planning training was undertaken. The retreat incorporated all the Branch Chairpersons and ABA Board members. Further during the retreat, the Council held its inaugural meeting and made various resolutions touching on the mandate of the Society specifically, on practice and welfare of members. This included granting of a six (6) month’s waiver for payment of practicing certificate back fees, pursuant to Section 25(1) (a) of the Advocates Act. This decision had been made with an aim of encouraging advocates who had not taken out practicing certificates for a period of more than twelve (12) months, to renew their certificates. During the retreat, the Council additionally held a consultative forum with Branch Chairpersons, to discuss various issues among them practice issues, welfare matters, Branch operations, set-up and shared experiences

Strengthening of Governance Structures of the Law Society of Kenya In order to strengthen the governance structures, the Council reconstituted the Committees of the Law Society of Kenya. Pursuant to Section 40 of the Law Society of Kenya Act, the Council undertook a detailed analysis of the Society’s Committees, with a view to ensuring that upon reconstitution, they would work effectively and efficiently. Towards this end, the Council reconstituted the Committees by:

 Merging Committees with similar mandate with a view to creating synergy and efficiency, i.e the Devolution and County Legislation Committee was merged with Law Reform Constitutional Implementation Committee;

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 Establishing new committees in line with Section 4 of the Law Society of Kenya Act for instance the Tax Committee;  Several committees were also devolved to the Branches with a view of strengthening Branches;  Co-opting Branch Chairpersons to serve in Society’s committees with each Branch Chairperson being incorporated to serve in at least one of the Society’s committee of their choice, based on their area of expertise. This was necessitated by the need to incorporate Branch Officials in the policy making process of the Society, to bring input from members of the various regions;  Capacity building to various committee members in partnerships especially with Business Advocacy Fund (BAF). Various committee members were trained on various issues for instance, members of the Law Reform Committee and Public Interest Litigation Committee were trained on effective and strategic advocacy strategies;  Other Committees: Committee on Advocates Office Manual which developed the office Manual. Advocates Review Remuneration Order, an ad-hoc another committee set up to review the Remuneration Order, Communications Committee whose aim is to increase the visibility of the Society through strategic brand promotion and continuous relevance in the media and the public. The Committee is currently working on a communication manual and strata. The Court of Appeal Rules 2010 and the Supreme Court Rules 2012 in matters pertaining to taxation and costs.

Strengthening of LSK Branches

a) Enhanced Funding It was reported that in order to strengthen Branches to undertake their core mandate of handling practice and welfare matters, the Council enhanced funding to the Branches. The Council implemented members’ resolution of March 2018, providing for a Devolution Fund, in addition to the Annual Grant of Kenya Shillings One Million (Kshs.1,000,000.00) given to each Branch. It was reported that the Council introduced quarterly meetings between the Council Members and the Branch Chairpersons with a view to ensuring constant consultations on matters touching on management and affairs of the Society.

b) Enhanced engagement engagements through Council and Branch Chairperson Caucus

c) Council Branch Visit Through the consultative sessions with members, several issues were raised, for instance backlog of cases leading to early closure of court diaries, the Secretary informed members that the Council had raised the same with the Chief Justice and continues to pursue the matter with the Office of the Chief Justice. In addition, members raised a concern on inadequate number of judges of the Environment and Land Court. The Secretary reported that after several discussions with the LSK Representatives to the JSC, the Judiciary had advertised for positions. Members further raised concern on operations of the Land Registry. The Secretary reported that the Council had engaged the Cabinet Secretary Ministry of Lands severally and that there was a taskforce established, to prepare regulations to guide electronic conveyancing, pursuant to a public interest matter filed by LSK.

The Council noted that there was inadequate court infrastructure and that land belonging to the Judiciary had been grabbed. It was reported that the Council had taken steps towards assisting the Judiciary to recover this land, by requesting for a report of a Committee that was established in 2016 and chaired by retired Justice John Mwera.

On the need to operationalization various tribunals, the Council noted that several tribunals were not efficiently operating or in operational, due to various challenges. The Secretary reported that the Council wrote to the Chief Justice with a view to ensuring that these tribunals, are operationalized.

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d) Formation of the Coast Branch It was reported that the Council through the Devolution Committee brought together Mombasa Law Society and Malindi Law Society, to aid in the formation of the Coast Branch.

Adoption of the LSK (General) Regulations 2018 It was reported that the Council had initiated the process of developing the LSK (General) Regulations with the formation of a Regulations Committee comprising of members with expertise in policy and legislative drafting. The Secretary informed members that during the process of developing the General Regulations, the Committee had engaged members, through stakeholder forums held in various regions in the Country. The Draft Regulations were then submitted to members during a Special General Meeting held on the 15th September, 2018. The Draft regulations were considered and passed with amendments.

Colloquium to Consider the Supreme Court Decision in Presidential Petitions In partnership with the United Nations Development Programme (UNDP) and the Ford Foundation, it was reported that the Society held a successful one-day colloquium to dissect the 2017 Presidential Election Petitions at the Hilton Nairobi Hotel, on Monday 22nd January 2018. The Colloquium convened key stakeholders to analyze and discuss the Supreme Court’s decisions, to draw lessons for future consideration and to suggest policy and legal reform recommendations. Guests present included Bar leaders from the East Africa Region. Retired Justice Krieger delivered a key note speech titled “Building Judicial Resilience and Stable Jurisprudence on Presidential Election Disputes.” More than 150 advocates participated. The President of the Court of Appeal, Justice Kihara Kariuki represented the Chief Justice of the Republic of Kenya.

Consultative Sessions with Members through Branch Visits To enable the Council, meet its mandate under the Law Society of Kenya Act, it was reported that the Council organized and held interactive consultative sessions with members throughout the eight Branches of the Law Society of Kenya. Through the interactive sessions, members were able to provide feedback to the Council and concerns for Council’s action with a view to improving conditions of practice and members’ welfare. The Council took the opportunity to hold meetings with the Branch Executives with a view to deliberating on matters touching on practice and the welfare of members. Members were sensitized on the various programs under the Advocates Benevolent Association (ABA) and how to benefit from the said programs. During the Branch visits, the Council paid courtesy call meetings on the members of the Bench in the various stations and held deliberations on challenges facing administration of justice and the need to strengthen Bar-Bench relations and other joint initiatives. The interactive sessions through Branch visits availed members the opportunity to input on the work of the Council.

Council Bonding Retreat In order to build synergy and improve working relationship amongst the Council Members, the Council organized and held a Council Bonding Retreat at the side-lines of the Continuous Professional Development Committee Annual Retreat held on 12th November 2018 at the Enashipai Resort in Naivasha. The Council bonding retreat undertook situational and functional analysis and future dreaming exercise encapsulated in the “walls of greatness” which included looking at how the LSK had performed six months since the Council got into office, keeping in mind the internal and external environmental factors facing the Society.

Practice and Welfare Matters It was reported that:

The Council through the Branches continued to handle matters touching on practice with a view to representing, protecting and assisting members of the legal profession in Kenya, on matters relating to the conditions of practice and welfare. The LSK is mandated to ensure that advocates maintain professionalism in legal practice and ascertain that consumers of legal services are protected. Towards this end, it was noted that the Council undertook various activities including the following: 22

a) Development and Launch of Law Society of Kenya Law Firm Management Manual (2018) Through an Ad hoc Committee, the Council developed a Law Firm Management Manual which covered various aspects of practice and operation of law firms. The manual was launched by the Honorable Chief Justice during the LSK Annual Conference held in August 2018. Copies of the Law Firm Manual were made available at the LSK Secretariat at a minimum fee to cater for production cost. The manual is intended to be used as a guide or template to be adopted by law firms, with necessary modifications, alterations, qualifications and exclusions. b) Development of Bar-Bench Practice Guidelines Members were informed that with the support of the Branch Chairpersons, the Council developed Bar-Bench Practice Guidelines to be used as a guide by the Bar-Bench Committee. The Guidelines launched at the same time with the Law Firm Management Manual are aimed at ensuring efficiency in the operations of the Bar –Bench Committees. The purpose of these guidelines is to provide information and guidance to members of the Bar and members of the Bench, on how to conduct Bar-Bench meetings.

c) Establishment of Young Lawyers Mentorship Program It was also reported that the Council in its fulfillment of the functions and objectives of the Law Society as stipulated in Section 4 of the Law Society of Kenya Act, established a Mentorship Board with a view of bridging the gap between the senior and young advocates and to provide an environment where professional skills are passed on by seasoned advocates to younger advocates.

d) Handling of Concerns on Harassment, Arbitrary Arrests and Victimization of Advocates It was noted that the Society had and was engaging with the law enforcement agencies, with a view to develop guidelines on police-advocate engagements to reduce instances of abuse and harassment of advocates by the police.

e) Establishment of Council and Judiciary Quarterly Meetings The same was aimed at strengthening the Bar and Bench relations and deal with any matters arising. In order to assist the Judiciary in matters relating to legislation, the administration of justice and the practice of law in Kenya, the Council had established strong working relationships with the Chief Justice and other heads of specialized divisions.

f) Anti-Corruption & Economic Crime Division Practice Directions Gazette Notice 7262 It was reported that on 24th July 2018, the Council petitioned the Hon. Chief Justice to consider suspending the implementation of Direction No. 3 contained in the Practice Direction Gazette Notice No. 7262, as the same led to delays in hearing and determination of cases, increased cost of litigation by litigants and witnesses, thus denying litigants the right of choice of counsel to appear in their matter and/or subsequently, denying our members equal opportunities to practice outside Nairobi and to appear in matters touching on anti-corruption.

g) Council Bar-Bench Luncheon The Law Society of Kenya held a Bar-Bench luncheon on 31st October, 2018 at the Nairobi Serena Hotel, with a view of holding deliberations aimed at enhancing the cooperation of the Bench and the Bar, towards the overall objective of fostering the administration of justice and the rule of law. The forum drew participation from the Judiciary, Senior Counsel and Law Society of Kenya Council Members, who agreed to meet frequently to achieve the said objective, of fostering the administration of justice and the rule of law in the Country.

h) Online Processing of Land Transactions In addressing the challenges being faced by advocates and the public on matters land administration and registration exercise, a taskforce was set up. Through the Land and Conveyancing Committee of the LSK, the Society is represented by Mr. Charles Wamae, Ms. Paullete Achieng and Ms. Lucy Moinket. In addition, there was a Public Interest case pending in court.

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i) Member Group Medical Cover It was reported that the Law Society of Kenya had negotiated a medical cover for its members. The scheme had been enhanced to ensure that more Branches were involved.

j) Other Activities Undertaken The Secretary informed members that the Society was in the process of reviewing the Advocates Remuneration Order. A joint working committee between the Council and the Office of the AG was set up to address various issues. Further, a report had been forwarded to the AG and awaited its adoption for purposes of implementation. The Secretary reported that through the Practice, Ethics and Standards Committee, the Council had addressed a concern on robing by advocates as it had been reported that some subordinate courts demanded that advocates robe. In addition, through the same Committee the LSK had developed the Anti-Money Laundering Guidelines. Further, a Committee had been set up to assist with the formulation of the Supreme Court practice directions. Mr. Nzamba Kitonga, SC was the LSK Representative.

Courtesy Calls by the Council of the Law Society of Kenya a) Chief Justice The Council paid a courtesy call on the Chief Justice, Hon. David Maraga at his chambers at the Supreme Court on 14th May 2018. The Council presented a memorandum to the Hon. Chief Justice on their priority areas and on matters requiring the Hon Chief Justice’s prompt intervention.

b) Attorney General The Council also paid a courtesy call on the Attorney General (AG) Hon. Justice Kihara Kariuki at his office on 11th June 2018 and presented a memorandum to the AG on their priority areas and on areas that sought his intervention.

c) Ethics and Anti-Corruption Commission The Council called on the Chairperson of the Ethics and Anti-Corruption Commission, Archbishop (Rtd.) Eliud Wabukala and the CEO, Mr. Halakhe Waqo, Commissioners; Rose Macharia, Paul Mwaniki and Dr. Dabar Maalim and Mr. Abdi Mohammed, Director Investigations and Mr. David Too, Director Legal services. The meeting explored areas of collaboration and strategic engagement to create synergies.

d) Independent Electoral and Boundaries Commission The Council paid a courtesy call on the Independent Electoral and Boundaries Commission (IEBC) Chairperson, Mr. Wafula Chebukati and the Commissioners. The Council raised concerns on unpaid legal fees to many advocates who had provided and continue to provide legal services to the IEBC. The Chairperson assured the LSK Council that he was following up on the concern to ensure no further delays, although he explained as having had challenges of limited funding from the Treasury.

e) Office of the Director of Public Prosecution (ODPP) The Council paid a courtesy call on the Director of Public Prosecutions (DPP) Mr. Noordin Haji at his offices at the NSSF Building on 21st May 2018. The Council led by the LSK President, Mr. Allen Waiyaki Gichuhi, presented a memorandum to the DPP on areas of intervention.

f) Senate Standing Committee on Justice, Legal Affairs and Human Rights The Council paid a courtesy call on the Senate Standing Committee on Justice, Legal Affairs and Human Rights at the Parliament Building, Nairobi. The Council presented a memorandum to the Committee on areas of collaboration and those that needed the Committee’s prompt intervention.

g) Kenya Law Reform Commission The Council paid a courtesy call on the Kenya Law Reform Commission (KLRC) on the 21st June 2018, during which meeting, various issues touching on the LSK’s key mandate and areas of collaboration where discussed.

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Engagement with the Senior Counsel and Representatives of the Young Lawyers Committee The Council hosted the Senior Counsel to a Luncheon on the 27th June, 2018 at the Nairobi Serena Hotel. The forum brought together Senior Counsel, the LSK Council and representatives of the Young Lawyers Committee convened by Council Member, Ms. Aluso Ingati. Deliberations were held on how to strengthen the legal profession, through inclusivity by exploring the role of Senior Counsel in reinvigorating the legal profession, by ensuring that Senior Counsel were brought on board, to continue supporting the younger advocates and to bridge the gap between the young and the seniors.

Induction of the Advocates Disciplinary Tribunal In order to strengthen the Advocates’ Disciplinary Tribunal, the Council supported an induction course which saw the participation of newly elected Tribunal members and Council Members, who are often required to sit in the Tribunal, whenever there lacks quorum.

Inaugural In-House Caucus The LSK Council through the In-House Counsel Committee chaired by Council Member, Ms. Ndinda Kinyili, organized the inaugural In-House Counsel Caucus at Safaricom’s Michael Joseph Centre in Nairobi. The forum held under the theme, ‘Governance as the Epitome of Successful Organizations - the Role of the 21st Century In - House Counsel’ saw main speakers who included Ms. Joy Mdivo, Executive Director - East Africa Center for Law and Justice and Mr. Paul Muthaura, CEO Capital Markets Authority amongst others, interact with in-house counsel, on various issues.

Advocacy and Public Policy Engagements The Secretary reported that the Society had engaged with the government and non-governmental sectors, the private sector, including APSEA and the Institute of Economic Affairs. In addition, the Society had signed an engagement with Kenya Alliance of Residential Association. It was further reported that the Society was in the in the process of reviewing the Statutory Instruments Act through the Law Reform Committee with the support of Business Advocacy Fund.

Delegations, Projects, Partnership and Engagements with other Organizations The Society hosted various delegations with a view of building strong partnerships. The Council hosted a delegation from Malawi. Engagements with IDLO, consultative forum with FIDA Kenya and ICJ, with a view to deliberating on the need to have the Constitution reviewed, Retirements Benefits Authority to train lawyers on the need to save and plan for retirement, KRA, East Africa Law Society, Advocates for International Development, UNDP, Capital Markets, IBA and GIZ among other institutions.

Through the Canadian Bar Association, the Society is implementing a project - Supporting Inclusive Resource Development projects aimed at capacity building of advocates in resource development, formulation of policy as well as undertake capacity building of the communities within the East Africa Region. Lastly, the Society is implementing a project on access to justice for women, vulnerable and disadvantaged groups, where pro-bono advocates supported this project.

Other Activities: The Society held the LSK Annual Conference hosting over 800 delegates. The Society participated in the East Africa Law Society Annual Conference, the International Bar Association Conference, the first Biannual Forum for Gender and Extractives, the Pan African Lawyers Union Annual Conference. Other activivities organized by the Society include the Legal Awareness Week, the Yellow Ribbon Memorandum Campaign to Protest against Impunity and Corporate Social Responsibility at the Born Again Children's Home among other key activities.

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Strengthening of the Secretariat The Secretary informed members that the Council had undertaken measures towards strengthening the Secretariat with a view to ensuring that there was efficiency. The Council established Research and Member Services units. This was in addition to the following existing Departments; Communication Department, Audit Department, Compliance and Ethics Department, Information Communication and Technology, Continuing Professional Development, Public Interest and Litigation, Finance, Parliamentary and Legislative Affairs Departments.

The President thanked the Secretary for the presentation and added that a pension scheme for lawyers had been developed and indicated that the same would be rolled out in due time. He later invited members to react to the report of the Council as presented.

Prof. Ben Sihanya indicated that the report was comprehensive and good, however he requested that in future, if hard copies would not be availed, advocates be requested to carry their own copies prior to the Annual General Meeting for ease of reference. He was of the view that the Council needed to strengthen the public interest lawyering: with litigation being a major component for two major reasons which were the main mandate of LSK in dealing with administration of justice and public interest issues in line with Section 4 and Section 6 of the Law Society of Kenya Act, 2014. He further pointed out two main areas of focus, the advocate-police relations and independence and accountability of the Judiciary. He pointed the many issues ailing the Judiciary including, corruption, and incompetence. He concluded by indicating that the Council needed to fight for the independence of the Judiciary.

Mr. Khamala Charles also commended the Council for the comprehensive report mentioning that he tried to tally what the Secretary had reported with what was on the ground. He noted that the Advocate Magazine and LSK Journal were not made available to members during the current AGM as has been the norm. He requested to know the reasons why, noting that members gave in articles to be published. He requested the President to explain, in order to assure members that nothing was a miss.

The President while responding, indicated that journals had been sent out to members early in the year by post, as for the Advocates Magazine, he apologized to members citing challenges with the printer and indicated that the same would be distributed in the course of the day. He however indicated that all the publications had been sent to members in soft copy.

Mr. Evans Monari made a request to the Council to initiate the process of encouraging international and regional practice by creating a specialized committee to deal with cross-border practice. He pledged his support to the Committee when established.

The President noted that there was a proposal to convert the East Africa Law Society (EALS) from the status of a company limited by guarantee to an Act of Parliament which would facilitate cross-border and regional practice. He thanked Mr. Monari for volunteering and indicated that he would call upon members to deliberate on the same and come up with a draft, which could be studied at the EALS Council and thereafter, presented to the East African Legislative Assembly for adoption. He assured members that emerging issues of cross-border practice, ethics and standards, would be addressed in the Act of Parliament, for the entire region of East Africa.

Sen. Mutula Kilonzo Jnr. submitted that the Council needed to work closely with the Nairobi International Arbitration Centre in regard proposed amendments to various legislations for example the Petroleum and Energy Bill, where standard contracts were now part of law as arbitration clauses. He further added that LSK should consider either setting aside funds or composing panels of lawyers to address cases of national importance e.g. rape cases, amongst others.

Mr. Charles Kanjama commended the Council for the engagement with the Branches in the year 2018. He noted that there have been regular meetings to discuss Branch issues and increased funding. He appealed to the Council to help the Branches on matters practice and welfare by providing CPD points. 26

Mr. Cohen Amanya echoed the sentiments raised by Mr. Monari on cross-border legal practice. He indicated that Ugandans practicing in Kenya had filed a suit to allow any person who had done law in a Commonwealth Country, practice in Uganda. He noted that the President of the Uganda Law Society and the Attorney General had appealed against the decision. He urged the Uganda Law Society President through the LSK President, to intervene and take up the matter to enable all advocates, including those from Rwanda and Burundi practice in Uganda. He emphasized that the President of the Uganda Law Society and his Council should treat the matter with urgency.

Mr. Simon Peter Kinobe, President, Uganda Law Society responded and informed members that there were two major concerns. One was that the law practiced in Rwanda was civil law, whereas Uganda practiced a different form of law in turn the two do not correlate. The President noted that to incorporate advocates from Rwanda, the Society was trying to work out how to streamline trainings, so that once an advocate attends their bar training, there are similar aspects to enable them practice in Uganda. The second concern was on Kenyan advocates. He indicated that those that have gone to Law School were not barred from practicing in Uganda. He noted that this was due to different modes of training particularly on pupilage which takes two years in Uganda. He informed members that the issue was being addressed.

Mr. Cohen Amanya indicated that he wrote a letter of complaint and addressed all the issues in the case, to the Secretary of the Uganda Law Society. He noted that the Uganda Law Society was not keen as they had not filed to be enjoined in the matter. The President of the Uganda Law Society responded by noting that every Bar had given its position on the Mutual Recognition Agreement. He indicated that there was need to lobby the Attorney Generals of all said countries to sign the Mutual Recognition Agreement (MRA).

The LSK President requested Mr. Evans Monari and Mr. Cohen Amanya to draft the East Africa Law Society Act, to be presented to the East Africa Law Society Council in June 2019. Mr. Evans Monari agreed to undertake the duty and seconded the President’s proposal to have the draft in four weeks. He also requested Mr. Wilfred Nderitu to work with them.

Resolution: It was resolved that the draft East Africa Law Society Act be prepared by Mr. Evans Monari and Mr. Cohen Amanya and be submitted to the Council by 15th of May, 2019.

Ms. Lucy Kambuni. SC, congratulated the Council for the good job and urged them to continue with the same spirit. Her concern was on public interest litigation and requested the Council to intervene on matters relating to governance of counties. She noted that there were Chapters in every county and there was need to engage at the county level and ensure that governance was streamlined. She was of the view that this could be achieved by testing these matters in court.

The President assured support in areas pointed out by members and invited members to raise issues touching on public interest litigation direct with the Council whenever they occur.

Mr. Luka Buddho pointed out that the objects of the Law Society of Kenya included to promote justice and facilitate access. He however noted that the Society had not been doing so in the larger Upper Eastern areas of Marsabit, Moyale, North Horr, Laisamis and Isiolo. He noted that these areas had no single court. He further pointed out that areas like North Horr had no magistrates Courts or High Courts yet cases of defilement, human right violation in these areas were prevalent. He further submitted that LSK was not visible and vibrant in that region and even recommended that perhaps there was need to create an additional Branch of the Law Society of Kenya. He also pointed out the need to carry out legal aid to enlighten citizens on their rights and freedoms to avoid the continued marginalization in terms of access to justice.

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The President informed members that the young lawyers had sent mediators to Garissa to assist in clearing the backlog of cases. He further reported that the Society had increased the capacity of the number of mediators especially young lawyers, a service the Council intended to continue providing.

Mr. Evans Monari suggested that if 1% of the CPD funds were dedicated to legal aid in every constituency, then employment would be created for advocates and legal services would be provided at constituency level.

Adoption of the Council Report The report of the Council was adopted after a proposal of adoption was made by Mr. Evans Monari and seconded by Sen. Mutula Kilonzo Jnr.

MIN. AGM 07/2019: PRESENTATION OF THE ACCOUNTS AND BALANCE SHEET FOR THE YEAR ENDED 31ST DECEMBER 2018 PURSUANT TO SECTION 25(2) OF THE LAW SOCIETY OF KENYA ACT AND APPOINTMENT OF THE SOCIETY’S AUDITORS

The report was presented by Ms. Maria Mbeneka, Treasurer, Law Society Kenya and Mr. Evanson Nga’ng’a, a Partner at Mazars Kenya.

Ms. Maria Mbeneka took members through the 2018 Accounts prepared by the LSK Council and audited by Mazars Kenya, who gave an unqualified opinion and pointed out the following:

Ms. Maria Mbeneka took members through the 2018 Accounts prepared by the LSK Council and audited by Mazars Kenya, who gave an unqualified opinion and pointed out the following:

a) That there was an increase in the practicing certificate fees by about 3 million, membership fees by 4.8 million and an increment in the CPD income. b) There has been an increment of about 20 million in annual conference income. c) There was a reduction on the international and regional conferences and primarily the EALS Conference. This is attributable to the fact that LSK was not offering travel and accommodation packages to members. Members made their bookings directly and the conference fees were paid directly to EALS. This saw the reduction of revenue from 10 million in 2017 to 2 million in 2018. d) The Society had an interest income of 7.5million and the total surplus for the year at 2million. e) The Treasurer noted that the expenses had increased starting with the CPD expenses. This was attributable to the high number of CPD seminars held in the year, as well as the implementation of the biometric registration, which required the engagement of more staff members at these CPD seminars. f) Increase on the administration expenses due to a 30% increment of the staff basic salary. g) The Society incurred Project expenses, primarily the SIRD Project. h) The Treasurer further noted that the total comprehensive income was recorded at 167,867,908 shillings. This had been primarily because of the gain on re-evaluation of property and equipment, which is required to be carried out after every three years. this was done to capture the exact value of the property and equipment. i) Ms. Mbeneka gave a brief on the capital i.e. members’ funds which were represented by non-current assets, current assets, current liabilities and the net current assets. (page 8 of the Financial Statement). She noted that funds were disbursed to the Branches and commended them for updating the National Office on a regular basis, on how the funds were spent. j) Note 26 on page 30, Council expenses went up because of the Council Branch visits, Council Induction Retreat, amongst other activities.

Mr. Evanson Ng’ang’a, presented the independent audit reports. He made the following highlights regarding the Financial Statement as reflected in pages 5 & 6 of the Financial Report: 28

a) He commenced by confirming that the company’s financial statements as presented by Council, had indeed been audited. He stated that the Financial Statement comprised of the statement of the financial position as at 31st December 2018, statement of comprehensive income, statement of changes in accumulated cash flow for the year then ended including notes and summaries of significant accounting policies. b) He noted that having done the audit, in their opinion, the Financial Statements of the LSK do give a true and fair view of the financial position of the Society as at 31st December 2018 and of its financial performance and cash flows for the year then ended, in accordance with the International Financial Reporting Standards and the LSK Act, 2014. c) He further noted that they conducted the audit in accordance with International Standards on Auditing (ISAs) and adhered to the Professional Accountants’ Code of Ethics. He further indicated that he believed that the audit evidence obtained was sufficient and appropriate to provide a basis for their opinion. He explained that their role was to go through the financial information or other reports and identify if the report supplied by the Council, materially misstates or contradicts, the financial reports that they had audited and to that extent, they did not note any exception that was reportable. d) He noted that the Council was responsible for the financial statements and the preparation of the financial statements. Further, the Council was mandated to ensure that there were proper controls in place to ensure that the process of preparing financial statements, would result in fair financial statements and lastly, the Council was responsible in ensuring that there were proper controls and safeguard the assets of the Society. e) He further informed members that it was the responsibility of the auditors, Mazars Kenya, to audit financial statements and to get assurance that the financial statements were free from material misstatements, whether due to error or fraud. f) He concluded by indicating that the auditors were required to give an audit opinion, which they had issued. He informed members that they were required to exercise judgment and maintain professional skeptic throughout their audit work. He explained that audit work requires risk assessment of material misstatements on the financial statements given to them for auditing, perhaps because of fraud or error. Auditors ensure that there are designs and controls in place, in the event such risks exist, to enable them be detected and addressed early enough. g) He further reported that auditors were required to check and understand internal controls of an entity and the accounting policies, which were the foundation of each figure. Moreover, it was for the auditors to check whether they were reasonable, and that they comply with International Financial Reporting Standards. Auditors should further check on the going concern basically, whether the Society specifically was going to be there tomorrow.

The President invited members for interactions and interrogation of the Audit Report.

Mr. Maurice Ajwang Owuor indicated that his concern was on the Income and Expenditure Statement which indicated a deficit. He stated that he was worried about the Society’s state of affairs. Mr. Owuor further noted that the CPD income and expenses were almost equal. He further noted that the income from international conferences and the expenditure could be much better. He concluded by noting that there should be prudence in balancing income and expenditure.

Mr. Patrick Owino pointed out that there was an increase in the administrative expenses (page 22) on the aspect of salaries and wages, increasing from Kshs.38, 000,000.00 to Kshs.51, 000,000.00. He noted that the Society had embraced technology and further pointed out that the governance expenses had increased from 5million in 2017 to

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14million in 2018 and requested for a justification on the same. Lastly, the member sought for the distinction between committee expenses and Council expenses given that the former had increased from 3million to 3.3million.

Dr. Jack Mwimali raised a concern with regards to CPD (page 21) and the expenditures arising there from. He sought an explanation on specifically salary and wages and whether these salaries and wages were distinct from regular salaries given to the employees of the Secretariat. He went ahead to seek interpretation of travelling expenses and transport allowances amongst other issues such as amortization of software and software expenses, hiring of equipment expenses and printing and stationery and other expenses. He pointed out that CPD should be treated as a source of revenue for the Secretariat and therefore part of its income may assist to allay other expenses such as administrative costs. The expectation thus was that CPD income was not entirely consumed by the CPD program.

Mr. Charles Kanjama raised the following concerns;  On page 5, apart from excluding page 31 in the audit opinion, noted that there was no paragraph on key audit matters. He therefore called on the auditor to explain on the need for him to give an opinion on key audit matters, in line with the new financial reporting standards for LSK.  On page 7 on the Statement of Income and Expenditure, Mr. Kanjama noted that LSK had performed quite well in the area of project funds, since there had been an increase from 9.2million to 16.7million. He proposed that in future, there should be a note of project funds, to identify the main sponsors or donors or partners and the projects funded.  On the administration expenses, Mr. Kanjama noted there had been a significant increase of over 30%, while the income had not increased in a commensurate manner and therefore sought to know what the Council had put in place, to monitor the rapid rise in expenses and to ensure the same does not recur in 2019.  On page 21 under CPD expenses, he noted that there was a breakdown of expenses that were not clearly connected to CPD activities, like general repairs, annual conference among others. He noted that the Council had tried to apportion the general expenses relating to CPD to CPD Committee. He sought clarification on the formula or a percentage that was used to apportion the general expenses and not the direct expenses for travel, accommodation and facilitators’ expenses.  On page 24, he sought clarification on land and buildings, property and equipment arising from the balance sheets. He sought clarification from the first and the third quantitative columns on page 24, both in reference to land given that it has been reported that there had been a substantial valuation of land. He requested that the same be made clear, if it was Gitanga Road or the South C property.  On page 30, Mr. Kanjama requested to know the breakdown of Council’s subsistence expenses, noting that the Council’s expenses had increased substantially since 2017. He inquired on subsistence expenses which appeared under the Council related costs, Council and Branches corporate induction and on page 31, under Commonwealth Law Conference and other conference expenses. He further requested clarification on the sitting allowance or reimbursement for Council sittings, in line with good corporate governance, the amount the council receives. In addition, he requested for the disclosure of other allowances apart from the aforementioned. He requested that the disclosure of this information may be made a practice to know when there was a change. Mr. Ribin Ondwari sought clarification indicating that on page 22, in the year 2017 and 2018, there had been an amortization of the amount due from Chase Bank and how the amount had been arrived at and in view of the fact that these amounts were recoverable to a certain percentage, he inquired on how the adjustments had been made to cater for amounts which had been amortized previously. He further went ahead to seek clarification from page 17, noting that the auditors had indicated that the Society did not hedge against any risks and having recognized three critical risks that the Society’s financials were exposed to. He inquired on whether it was a deliberate action by 30 the Society not to hedge against any risk and in view of this identification. He further sought to know the commitments made towards the protection of these funds.

Mr. Charles Khamala noted that the essence of most questions would have been answerable if there was a budget indicating the expected items of expenditure and compare the same to what had been expended. He therefore requested to know whether there was any budget for the coming year and whether the Treasurer would furnish members with the projected expenditure and the timelines within which to supply the information to avoid reasons of unforeseen expenditure.

The Treasurer, Ms. Maria Mbeneka responded as follows:

a) On the issue of reducing the expenditure, so as to match and make a saving on the income, the Treasurer noted that indeed there had been increased CPD expenses, due to an increase in the number of CPD seminars. This translated to certain costs being incurred for instance, venue and hotels, and in order to enhance accountability, the use of biometrics which required the engagement of additional staff. She further noted that since the Council had invested in this particular activity, the same was not expected to arise again. b) On the issue of international conferences income and expenditure, it was noted that the Society had been receiving monies from members in the past. However, in 2018 members paid for their accommodation expenses directly to the hotels. The same could not be treated as expenditure. She further noted that the expenses for the same had reduced significantly from 20million in 2017 to 2million. c) On the question of salaries and wages, there was an implementation of a Council decision to increase the staff wages by 30% to match best practice and market rates. In addition, there was additional staff recruitment to cater for the growing membership. d) On governance expenses and Council expenses, specifically on the concerns raised by Mr. Kanjama, she explained that the subsistence expenses as captured in note 26(3) included monthly Council Meetings allowances and the second subsistence expenses were expenses apportioned to the Council and Branch corporate governance functions i.e. induction which were different from the Council monthly meetings. She indicated that the sitting allowance for Council was Kshs.10,000/- per sitting and an out of office/night out allowance of Kshs. 5,000/- per night. e) Under the committee expenses, she explained that these were committees constituted by the Council and not the regular committee meetings and hence should be treated separately. f) The Treasurer indicated that salaries and wages under CPD were expenses incurred directly because of supporting CPD seminars. She further indicated that the Secretariat handles the CPD activities hence the costs were apportioned to CPD expenses at 30%. g) On land valuation as indicated on page 25, on freehold land and prepaid operating lease rental, the Treasurer indicated that that this applied to both the Gitanga Road and South C properties. She clarified that the land evaluation was for both properties. h) On the issue of cautioning against risk, members were informed that there was a Risk and Audit Committee that had been put in place and also a Risk Committee which had risk champions appointed to look into the risks identified by the Auditors. i) On the concern raised about there being a budget in place, the Treasurer noted the need to have a budget in place and reported that there was a Budget and Finance Committee comprised of Council and LSK members. She indicated that there would be a budget formulation to increase transparency in expending resources provided by members. j) On the question of Chase Bank, it was noted that there was a commitment from Central Bank to refund 75% of the deposits. However, no commitment had been made on the remaining 25%. She further reported that the Council continues to pursue the same since it will be amortized for over five years. She indicated that the Council had opened an account with SBM Bank expecting to receive 75% of the deposits. 31

Mr. Evanson Ng’ang’a responded to the question on hedging against any risk. a) He noted that the Society does not have any assets that required hedging, therefore the same would not be applicable. b) On apportionment, he stated that going forward, there should be an appendix providing the totals of how apportionment had been done as a mode of providing further information. He explained that the appendix would be additional information outside the main financial components which the Council feels was necessary to provide. He went on to explain that the appendix was not among the auditor’s opinion. However, the auditor is to counter check to confirm it does not materially misstate financial statements. c) He noted that key audit matters are a requirement for international standards on Accounting No. 701 which came into force to address the risks in the listed entities and which is a good practice for auditors when disclosing their work. d) Voluntary adoption: The Council had the mandate to determine if the same needs to be applied but as an auditor and according to the international standards on auditing, it may not apply until one is given the authority to do so.

Resolution: Mr. Mugambi Nandi proposed the adoption of the audited financial statement while Mr. Charles Khamala seconded. The financial statement were adopted

APPOINTMENT OF THE SOCIETY’S AUDITORS The LSK President requested the representatives of Mazars Kenya to step out of the meeting, to allow members to discuss the agenda of the appointment of auditors for the next financial year. He noted that the auditors had been with the Society for the past two years and that there was an Audit and Finance Committee in place which had commenced the process of identifying an audit firm and what was being sought was leave to adopt the recommendations of the Audit and Finance Committee once it made recommendations. He went on to explain that what was needed was leave to have the Council appoint the next year’s auditors after guidance and recommendations from the Audit and Finance Committee. He called on for a proposer.

Mr. Charles Kanjama noted the quality of accounting done to the audited reports had improved from previous years. He proposed that the current auditors be appointed for a further year.

The President called for the adoption of Mr. Kanjama’s proposal to reappoint the auditors. Mr. Julius Kitheka seconded the proposal by Mr. Charles Kanjama. The motion was then put to vote and by a majority through a show of hands the motion was unanimously adopted.

Resolution: It was unanimously resolved that M/s. Mazars Kenya Auditors be reappointed for another year.

MIN. AGM 08/2019: CONSIDERATION AND ADOPTION OF THE COUNCIL’S DECISION TO HAVE THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) APPOINTED AS THE BODY TO UNDERTAKE ELECTIONS FOR THE POSITION OF MEMBERSHIP TO THE COUNCIL PURSUANT TO SECTION 20 OF THE LAW SOCIETY OF KENYA ACT, IN THE YEAR 2020.

The President reported that the Council had already contacted the IEBC with a request to undertake the elections for the position of membership to the Council. The Commission had accepted, however it was mandatory to bring the same to members under Section 20 of the Law Society of Kenya Act, for the AGM to approve that the IEBC conducts next year’s election. He called for a proposer.

Ms. Jacqueline Manani proposed the appointment of the IEBC as the body to undertake elections for the position of membership to the Council while Mr. George Okenyo seconded. 32

Resolution: The Independent Electoral and Boundaries Commission (IEBC) was unanimously appointed as the body to undertake elections for the position of membership to the Council pursuant to Section 20 of the Law Society of Kenya Act in the year 2020.

MIN. AGM 09/2019: NOTICES OF MOTION BY MEMBERS The President confirmed that there were twelve (12) motions and commenced by inquiring if there were any movers who were willing to withdraw their motions.

NOTICE OF MOTION BY MARY KITOO DATED 6TH MARCH 2019 An amendment and or an inclusion into the LSK General Regulations/LSK Code of Elections in respect of the Coast Representative. The motion provided as follows:

1. A resolution be and is hereby passed by members of the Society that Coast Representatives shall be elected in pursuant to Section 13 of the LSK Act, from among members actively practicing and being members of the Coast Branch. 2. A resolution be and is hereby passed by members of the Society that the Coast Representative shall be voted into Council strictly by members duly registered as members of the Coast Branch.

The motion was based on the following grounds: That, hitherto, the Coast Branch Representative represents the constituent issues of Coast Branch members, and it is therefore not representative for the said representatives to be voted in by the general LSK membership.

Ms. Mary Kitoo indicated that she wished to withdraw her motion (motion number 5), for the reason that since she had sought advice from her seniors in Mombasa, who informed her that the same motion had been passed in 2016. The motion had been proposed by Mr. Eric Nyongesa. He however noted that there have been no amendments to the LSK Act yet. She sought to know what would become of the Mombasa elections come 2020, given that in 2018, Mr. Nyongesa was unopposed. She sought a clarification on how Mombasa Branch would conduct their elections, and how far the Council had gone with the issue.

While responding, the President indicated that the Council was in the process of amending the LSK Act. The Council sent out a request to members last year in May, whereby after a month and a half, they had received only one proposal on the amendments to the Act. He further explained that a reminder was thereafter sent and got a paltry response. The President suggested that the same would be returned to the Committee with the directive that the process be fast-tracked. He encouraged members to send their views within a month. He was hopeful that by the end of the month of May, the necessary and requisite amendments would be circulated to all Branches and members for public participation. Thereafter the same will be presented before Parliament perhaps in the month of June.

Prof. Berhand Sihanya noted that on the particular matter, the same had been a unanimous decision. He added that in the event there would be no comments from members, the same be forwarded it having been a resolution at the AGM, amounted to public participation. He recommended that the same should be undertaken in a month and that in the event that the amendment was not effected, the AGM shall have determined that the elections be conducted according to that rule, as it was passed before.

Ms. Jacqueline Manani noted that the motion was moved in 2016, by Mr. Nyongesa and herself and the same was passed. She noted that there was no need for additional comments, the same could be a miscellaneous amendment and be forwarded to the Attorney General.

Resolution: By a unanimous resolution the motion was marked as withdrawn.

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NOTICE OF MOTION BY AOKO OTIENO DATED 6TH MARCH 2019 The motion provided as follows:

That there be a vote of no confidence on the President of the Law Society of Kenya, Mr. Allen W. Gichuhi, for talking down to members in Kisumu and generally bringing disrepute to the Law Society of Kenya.

Ms. Aoko noted that she had moved motion number 2. She noted that the President had a keen interest in practice matters and welfare. She explained that she had brought the motion as it had seemed that the Society lacked proper leadership. She indicated that after soul searching and seeing that there was too much division both in the Society and the Council, she noted that her motion had the potential to cause further divisions within the profession. She therefore sought to withdraw her motion for the sake of unity and an inclusive Society and urged the Council to work in unity. She noted that the President had already issued an apology.

Mr. Lempaa Suyianka opposed the withdrawal by Ms. Aoko indicating that the matter had been moved in public interest. He explained that when the interest of the mover was no longer a public interest, the same does not dissipate, drawing comparison from public interest litigation. He noted that the nature of the apology by the President had not been explained to the membership. Mr. Lempaa indicated that he was willing to adopt the motion and move it forward.

Sen. Mutula Kilonzo Jnr. raised a procedural point of order. He noted that once the mover has withdrawn a motion, then the same ceases to exist.

Resolution: By a unanimous resolution, motion number 2 was considered as withdrawn.

Mr. James Oduol Ochieng noted that there were a lot of motions that could be dispensed off expeditiously. Considering Section 30 of the Law Society of Kenya Act, he noted that there were several resolutions which sought to alter or amend resolutions passed recently. He indicated that these were caught up by the time bar, noting that once a statute prescribes that one can not amend or alter a Resolution within a specific time, then it would be a wastage of time to consider them. He proposed the motions be classified based on the ones that could be deliberated on and those that failed the test.

The President noted that some motions sought to amend the Regulations that were passed during the Special General Meeting (SGM) held in September 2018. He noted that Section. 36 of the Law Society of Kenya Act provides that a Resolution passed at a General Meeting, shall, not be altered or rescinded within nine months of the passage of the resolution, without a special resolution of the Society. He noted that there had been no special resolution brought to the attention of the Society, to depart from the resolutions passed during the SGM.

Mr. Odongo Brian on a point of order noted that neither the minutes of the Special General Meeting nor the Regulations with the proposed amendments were circulated to members and therefore the motions touching on the Regulations arose from apprehension by members not having the two documents. He indicated that until the minutes and the Regulations were circulated, the motions could not be dispensed with. He noted that members were not aware of the documents that had been tabled before Parliament. He further submitted that the President having indicated that during the SGM members did not agree that the Regulations upon amendment be brought back to members to look at them before going to Parliament. Mr. Odongo indicated that he wished to submit what members had agreed at the SGM, that the Regulations would first come back to members who would check the documents and confirm that those were indeed the amendments. Noting that this was the trouble of different positions, and that minutes of the SGM would have solved the stalemate. He held the opinion that the motions that touched on the Regulations, must be deliberated upon and that the minutes of the SGM be circulated to members, for members to peruse and endorse them.

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Ms. Jacqueline Manani sought to know which Regulations were being amended noting that once the Regulations were passed, the Statutory Instruments Act requires that they go through Parliament and be published. She was of the view that there were no Regulations in place since they have not gone through the due process.

Mr. Paul Ogendi raised a concern that the Council was forwarding matters to Parliament before consulting members. He cited an instance where the Council forwarded what he considered to be a very ambiguous proposal to Parliament on age limit. He suggested that the Regulations needed to be first brought back to members for confirmation and that they indeed reflected the true position before submission to Parliament.

Mr. Cohen Amanya noted that under minute 12 from page 25, the issue was deliberated upon and on page 26, by a majority vote, the Agenda to adopt the general regulations was adjourned for discussion at the SGM. This was a resolution at the previous year’s AGM. Thereafter, an SGM was called to deliberate on issues of the Regulations. He noted that under S.36, deliberations on motions likely to amend the previous resolutions could not be undertaken. The majority decision resolution at the AGM was binding, lest a wrong precedence be set.

Prof. Sihanya noted that Section 36 of the Act allows the Annual General Meeting to revisit issues of concern and indicated that the questions being raised, were due to lack of records on matters that were passed by members. He submitted that the AGM was the final authority. He insisted that even if the minutes were presented at this meeting, the AGM could still resolve to discuss the issues therein. He proposed that the motions be discussed, as they were properly filed and accepted.

The President stated that Section 36 dealt with a special resolution. For one to alter any resolution, there is need to bring a special resolution. The special resolution was defined under section 33 (1) (2)), ” except for any purpose for which especially resolution is expressly required by this Act or by any regulation made under this Act, all resolutions of the Society in general meeting shall be by simple majority vote. In this Act a "special resolution" means a resolution passed by not less than two-thirds of such members of the Society as may be present and vote thereon at a general meeting of the Society, duly convened with notice of the intention to propose such resolution.”

He went on to explain to members that the regulations were passed in September and had been passed onto Parliament with the amendments, there was no resolution that required those regulations to be brought back to members for further amendments.

The President ruled that pursuant to Section 36, any motion that sought to set aside the Regulations passed on 15th September 2018 was inadmissible. Further, he clarified that any motion that had additional sections not touching on the Regulations, the movers would be allowed to move those other sections of the motions.

Mr. Mwaura Kabata noted that the meeting was a constituent assembly noting that members who filed their motions on time had the unfettered right to have their motions debated, observing that nothing limited the authority of the Assembly to amend the Regulations. Mr. Kabata suggested that the debate be placed under a poll for the members to determine.

The President noted that a poll was not envisaged under S. 36 or S.33. He further noted that rule 43 was clear in case of a dispute, difficulty arising out of matters of procedure or order, the diction of the Chair shall be final and conclusive.

Ms. Jacqueline Manani noted that she did not support any motions being discussed given that there were no Regulations in place, however, a poll must be conducted when called for.

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Mr. Charles Kanjama pointed out that under regulation 40 and 43 of the 1962 Regulations, the President had the powers to determine to have a poll or determine as per Regulation 43 then the meeting proceeds. Regulation 40 provides that;

” At any general meeting every question shall be decided in the first instance by a show of hands, when every member present in person shall be entitled to one vote; and unless a poll be (on or before the declaration of the result of the show of hands) directed by the chairman or demanded by at least three members, a declaration by the chairman that a resolution or decision has been adopted or not adopted, or adopted or not adopted….”

Regulation 41 explains how a poll shall take effect, while Regulation 43 provides that in all cases of dispute, doubt or difficulty, arising out of matters of procedure of order, the decision of the Chair would be final and definitive. He indicated that the question of whether the matter shall be put to a vote was a matter of procedure. Drawing comparison from legislative or deliberative bodies, Mr. Kanjama indicated that the speaker or a person presiding had the first and ultimate decision on matters procedure.

The President noted that the apprehension arose due to the Minutes and Regulations not being presented to the members. He proposed that the minutes and Regulations be sent out to members within the next 21 days and thereafter, the Council to consider calling for a Special General Meeting, to consider the motions touching on the Regulations. He further proposed that all motions touching on the Regulations be deferred to a future date (SGM), to be called by the Council.

Resolution: It was resolved that the minutes of the SGM meeting held on 15th September 2018 together with the Final Regulations shall be forwarded to members within the next 21 days and the Council to call for a Special General Meeting, within the year.

The President called upon Ms. Mercy Atieno to move her motion:

NOTICE OF MOTION BY MERCY AOKO DATED 26TH FEBRUARY 2018 The motion provided that:

1. The annual subscription to the Advocates Benevolent Association be reduced to Kshs. 1000/- per annum for members who are childless and/or with adult children who have completed school as from 1st January 2019. 2. Members who have school going children be compelled to take out Education Insurance Cover for their children to complement the ABA Fund.

Ms. Aoko proposed that membership to the ABA be made voluntary for members who were childless or those with adult children who have completed school or in the alternative, the ABA Fund be abolished altogether and instead, a retirement benefit scheme fund be created. She cited the following as her reasons; most members did not benefit from the ABA fund because they were either childless or their children had already completed school. Secondly, ABA as is structured was not sustainable, the same will result to the addition of subscription fees. Transforming the fund to a retirement benefit fund would benefit every member. She noted that administrative expenses for the year 2017- 2018 were 3.7million and 6.5million respectively, questioning whether the same was sustainable. She noted that at the commencement of the ABA fund, there were only about 100 members and thus the idea was sustainable then.

Mr. Stephen Ongaro seconded the motion.

The President brought to the attention of the members, minutes of the ABA meeting held on 24th of March 2018, Minute 7 B/ ABS/AGM/ 2018, where Ms. Aoko moved the motion of the annual subscription be reduced to Kshs. 1000/- per annum. It was noted that Ms. Aoko had introduced a second motion to have members with school going

36 children be compelled to take out an education insurance cover to complement the fund. The President noted that members had rejected the said motion.

Mr. Evans Monari submitted that the ABA Meeting was held on that day at 9:00am and was closed. The issues raised by Ms. Aoko should have been raised in the ABA meeting and the same should not be discussed at the LSK General Meeting. He therefore proposed that Ms. Aoko’s proposals be forwarded to the officials of the ABA.

The President put the matter to a vote by show of hands starting with those in favor of the motion. Subsequently, those who were not in favor preferred that the motion be addressed by ABA.

Resolution: By a majority decision the motion failed.

The President noted that motion number three (3) touching on East Africa Law Society and the Devolution Fund, which are captured by the Regulations. He indicated that this had already been discussed and the same be deferred to the SGM to be called upon.

NOTICE OF MOTION BY EVANS O. OGADA DATED 7TH MARCH 2019 CONSOLIDATED WITH NOTICE OF MOTION BY MAJIMBO GEORGIADIS DATED 8TH MARCH 2019

NOTICE OF MOTION BY EVANS O. OGADA The motion provided as follows:

To seek for the repeal and/ or amendments of Regulation 6 of the LSK Electoral Code of Conduct, 2015 as well as Section 25 (1) b, Section 25 (3), Sections 25 (4), Section 25 (5), Section 25 (6), Section 25 (7), Section 25 (8) and Section 27 (5) d of the Law Society of Kenya (General) Regulations, 2018 and all other provisions dealing with electronic voting.

1. That the Annual General Meeting considers the repeal and/ or amendments of regulation number 6 of the LSK Electoral Code of Conduct, 2015 for being unconstitutional. 2. That the Annual General Meeting considers the repeal and/ or amendment of section 25 (1) b, Section 25 (3), Sections 25 (4), Section 25 (5), Section 25 (6), Section 25 (7), Section 25 (8) and Section 27 (5) d of the Law Society of Kenya (General) Regulations, 2018 for being unconstitutional.

The President called upon Mr. Evans Ogada to move part 1 of the motion noting that part 2 touched on the Regulations which was agreed to be discussed during a Special General Meeting.

Sen. Mutula Kilonzo Jnr. pointed out that matters of constitutionality were a preserve of the High Court hence, the motion could not be debated upon.

Mr. Evans Ogada pointed out that the High Court only sanctions the decision or determinations of unconstitutionality and therefore he proposed to move the motion.

Ms. Jacqueline Manani noted on a point of order that the motion was not clear and the notice should have indicated which specific sections were unconstitutional. She noted that the motion could not be debated upon.

The President on a point of information, reported to members that part one of the motion that required the AGM to consider the repeal under the amendment of Regulation six of the LSK Electoral code of conduct 2015, for being unconstitutional was actually sub-judice as it was the subject of pending Constitutional petitions and a Judicial Review Application.

Ms. Faith Waigwa noted that members had not been furnished with the Law Society of Kenya Electoral Code.

Mr. Lempaa Suyianka requested to have the microphones distributed evenly and not on one side.

Mr. Evans Ogada disagreed with the reactions from other members who opposed the motion from being moved based on sub-judice.

The President called upon Mr. Evans Ogada to move his motion. 37

Mr. Evans Ogada noted that Regulation 6 of the LSK Electoral code of Conduct, 2015 required members of the Society going for an elective position to have several clearance certificates. He was of the view that this was unconstitutional quoting the case of International Centre for Policy Vs. A.G, 2013, noting that an LSK representative to the JSC was supposed to be vetted by the IEBC and thus, the LSK cannot put handles for its member, beyond what was declared in the case. He indicated that what an LSK member needed was a certificate of good standing. He pointed out some of the requirements were just unnecessary bureaucracies.

The President sought members’ opinion on whether the motion should be considered and the following were the interventions:

Mr. Majimbo Georgiadis noted that he had filed a Judicial Review Number 172 of 2018 where the Court ruled that members’ matters concerning issues of the Society, should be left to the Society to address them. The said decision had never been challenged to date. He believed the Society could decide and inform the Court of the decision reached upon.

Mr. Ribin Ondwari and Mr. Zack Alakonya inquired on whether there was an existent electoral code of conduct. Mr. Alakonya further indicated that the motion could be discussed and decided upon drawing comparison from other professional bodies where the requirements were unnecessary.

The President confirmed that there was a Code and the same was subject of a court case.

Mr. Harris Steve Arunda pointed out that the issues raised were pertinent matters. He inquired on the Articles of the Constitution as the Articles Mr. Ogada was referring to were too general. He was of the view that the issues be addressed in the right forum which was a Constitutional Court.

Mr. Paul Ogendi indicated that he supported leadership and integrity and members who presented themselves for elective positions needed to demonstrate the same. He indicated that putting the requirements as they were exposed members’ to mechanization of the executive who may decide to manipulate administrative procedures to deny members authority to elect whoever they want. He went on to explain that good human rights standards demand when that subjecting people to administrative requirements, there should be judicial oversight. He submitted that one can not peg members’ right to vote and political participation on an administrative certificate which could be denied or issued at will. He called on members to be reasonable and provide for a criterion that was fair.

Mr. Sylvester Mbithi indicated that all matters relating to LSK members should be left to the Annual General Meeting and its common practice provided there was no court order barring any discussions.

Mr. Cohen Amanya sought two clarifications. He inquired whether an Electoral Code of Conduct existed given there was an LSK Code of Conduct. Further, he inquired on what would happen if a resolution was passed and thereafter, the court stated otherwise. He therefore proposed that the LSK Electoral Code be moved to the SGM as members await the court process to terminate. Further he submitted that motion number 13 was similar to the current motion and that the two could be debated simultaneously.

Mr. Areba Omwoyo sought to know if there was an Electoral Code of Conduct and when members adopted it.

Mr. Alex Gatundu attested to the fact he was party to three petitions in the High Court. He indicated to members that the cases in Court would be prejudiced if the discussions continued. He therefore requested the motion to be dropped.

The President affirmed that there was indeed an LSK Electoral Code of Conduct, 2015, revised in 2018. He further indicated that the Law Society of Kenya and the Council Members were either respondents or interested parties in the petitions. He proposed that the consideration of the motion be deferred to the SGM as members await the outcome of the court. 38

Mr. Nelson Havi submitted that there should be no unilateral decisions and members should be allowed to deliberate and make decisions.

The President indicated that the assembly had already agreed that anything touching on the Electoral Code be deferred to the coming SGM. Secondly, he indicated that parties have expressed concern that the matter was still in court and had asked that the matters be deferred until the court decides.

Mr. Nelson Havi indicated that the motion was presented to LSK on 7th March 2019 prior to the filing of the claims. He indicated that courts have determined severally that an individual’s quest before a court should not curtail the public interest of the entire membership. He submitted that there was no determination by courts and thus sub-judice could not be invoked. Further, he indicated that sub-judice was a legal question to be determined by courts. He concluded by seconding the motion by Mr. Evans Ogada.

At this point, the President put the motion to a vote by asking members on whether they should wait for the determination of the court case or not. Voting was done by show of hands but the outcome was not clear.

Mr. Mwaura Kabata requested the Council to call for another vote.

Mr. Eric Theuri indicated that the members’ views were very clear and it was an equivocal no. However, he urged the President to call for another vote if he was in doubt.

The President called for interventions from members.

Mr. Ogada Meso requested the President to let young advocates voice their concerns.

Mr. Harry Steve Arunda stated that the motion was defective since it did not clearly state which section was unconstitutional. In addition, the Annual General Meeting did not have the same jurisdiction as the High Court to determine what was unconstitutional.

Ms. Faith Waigwa indicated that Regulation 6 was hinged on Chapter 6 of the Constitution. She noted that when going for elective seats, more so state and public officers, everyone was bound by Chapter 6. She further submitted that clearances were purely under Chapter 6. She sought clarity on which particular provision of the Constitution was being breached. She further noted that it was not clear how people voted and thus the need to call for a poll.

Mr. Manwa Hosea urged the President to listen to all members.

Ms. Jacqueline Manani noted that the motion did not indicate the provisions of the Constitution alleged to have been violated by the provisions of the Code. She noted that matters before Court were between LSK members and the Council and thus discussions could continue.

Ms. Rose Wanjala noted that the Code of Conduct has since been revised and was of the view that the motion be deferred to make the amendment to clearly reflect the Electoral Code of Conduct 2018 and not 2015. She indicated that there was no subject matter to discuss.

The President called for a fresh vote on Motion 4 Part 1 to bring the matter to a close. The subject matter of the vote being: members who did not want to admit the motion on account of it being a subject matter in Court and those in favor of the motion being admitted. He called upon the Secretary to count the votes. 190 members voted that the Annual General Meeting should not discuss the motion while 287 members voted that the motion was admissible and the Annual General Meeting should proceed to deliberate on the motion.

The President proceeded to request if motion number 4 part 1 and motion number 13, could be combined. Unanimously, it was agreed that both motions be combined and deliberated together.

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The President proposed that motion number 13 (a motion moved Mr. Majimbo Georgiadis) be discussed together with the motion moved by Mr. Evans Ogada. In addition, he indicated that there was a proposal to amend the motion to refer to the 2018 revised Electoral Code. Mr. Evans Ogada was invited to move part 1 of his motion.

Mr. Evans Ogada moved his motion by stating that he acknowledged that there had been a further amendment to the LSK Electoral Code of Conduct 2015, revised in 2018. He specifically cited provisions that dealt with the requirements to provide tax clearance and all other necessary documents, relating to integrity. His motion was predicated on the unconstitutionality of the data requirements. He submitted that elections of the commissioner of any Commission are superintendent by the IEBC, under A. 88(4). He quoted the International Centre for Policy versus. A.G 2013.

“In our view, the key question is whether this Court is the right forum, in the first instance, to undertake an assessment of the integrity of persons presenting themselves for public office. The court ideally operates in an environment of competing legal claims founded on evidence.”

He further submitted that the question of integrity or lack thereof on the part of the advocate should go through the processes of the Advocates Complaints Commission and the Disciplinary Tribunal. The only document that to be presented by an applicant should be a certificate of good standing and that other criterion which could be subject to interference do not form the basis of an integrity test.

Mr. Majimbo Georgardis seconded the motion and noted that since his motion had been combined with Mr. Ogada’s, he be accorded time to make comments.

NOTICE OF MOTION BY MAJIMBO GEORGIADIS

Amendment of the LSK Electoral Code of Conduct and evaluation of electronic voting.

1. A special resolution be and is hereby passed by members of the Society, by way of an amendment to section 6 (1) and 6 (2) of the revised Law Society of Kenya Electoral Code of Conduct 2015, deleting/removing the mandatory requirements of clearance by the Higher Education Loans Board and Kenya Revenue Authority and produce a clearance certificate from the two bodies as proof of the same. 2. A special resolution be and is hereby passed by members of the Society that electronic voting shall only be introduced/adopted by the Society upon sufficient proof that the system has been thoroughly scrutinized by members of the Society and is not prone to manipulation and that the same is simple, accurate, verifiable, secure and accountable.

He noted that most members were young advocates who were ambitious to run for elective positions but were still repaying i.e. HELB loans. These advocates, he went on to explain, have integrity but are not cleared by HELB. Mr. Majimbo referred members to the case of Luka Logway Versus Gerald , where Justice Lenaola ruled that for elected positions the criteria should ensure that they were free and fair.

Mr. Omwanza Nyamwea seconded the motion.

Mr. Derek Mwangi noted that appointment to the JSC was not purely elective as some members were appointed. He noted that Section. 12 of the Leadership and Integrity Act requires a person who intends to be appointed to any state and public office must present compliance certificates. He submitted that in as much as these considerations wanted to be removed from members of the Society, the decision ought to be left with the IEBC or EACC to determine. He was of the view that the motion should fail to enable members elect persons with integrity in turn once elected, no other institution could challenge the position.

Mr. Charles Kanjama sought to clarify and indicated that Regulation 6 had four parts. Part one was on HELB Clearance.

The President indicated that the other part was on one having never been convicted of any act of professional misconduct before the Disciplinary Tribunal in the three years immediately preceding the elections. The other part 40 was on signing the LSK candidate declaration of compliance. The President clarified that the motion only dealt with part 6(1) and 6(2), specifically Tax and HELB Clearances. He indicated that members could only vote on 6(1) and 6(2) and not Part 6(3) and 6(4), which dealt with professional misconduct.

Resolution: By a majority vote, members voted in favor of amending the Electoral Code of Conduct by removing the requirements for clearance from Higher Education Loans Board and Kenya Revenue Authority.

NOTICE OF MOTION BY SYLVESTER MBITHI DATED 7TH MARCH 2019 Revision of subscription fees for young advocates. The motion provided:

A special resolution to be and is hereby passed that the total annual subscription fees, including practicing certificate fee, all other subscriptions and levies, advocates benevolent association and or any other, shall not be more than Kenya shillings five thousand (KES 5000/-) for advocates of between 0 to 3 years and not be more than Kenya shillings ten thousand (KES 10000/-) for advocates between 3 to 5 years.

The President pointed out that motion number 6 and motion number 14 should be deferred, as the issues of subscription were set out in the Regulations. Motion number 14 provided for the subscription fee be revised downwards regardless of the year of practice, sex, status, ability or inability to pay. The President directed that motions number 6 and 14 be deferred to the SGM and proceeded to motion number seven.

Mr. Sylvester Mbithi objected to the motion being deferred.

The President reminded members that it had been resolved earlier in the meeting that any motion touching on the Regulations, be deferred to SGM.

Mr. Sylvester Mbithi pointed out that many members had come to deliberate on the motion and objected to its connection to the Regulations, which had been cited as the reason for deferment. Additionally, he pointed out that either section 42 or 43 of the LSK Act gave the Council authority to propose subscriptions. He stated that his position was that section 16 of the LSK Act gave the forum, or any forum of members meaning the Special General Meeting and by it being the supreme organ of the Society, the power to pass the resolution and thus, the motion was properly before the forum. He emphasized that his motion was essentially to reduce the subscription fee for young advocates of 0 – 5 years.

The President reminded members that the motion affects Regulation 9 of the LSK Regulations, which provides for annual subscription fees. Additionally, the fees were tabulated in the schedule of the Regulations.

After consultation, Mr. Sylvester Mbithi agreed to defer his motion.

The President enquired from Mr. Wangila whether he had agreed to his motion and that of Mr. Mbithi being deferred. Mr. Wangila indicated that he had no objection and thanked the President for giving him an opportunity to comment on his motion.

Mr. Brian Odongo reminded the President that motion number 7 had been deferred to the SGM.

Resolution: Motion number 6, motion number 7 and motion number 14 be deferred to the SGM.

The President invited Mr. Charles Kanjama to move his motion. He indicated that the mover of the motion was Mr. Justus Mutia though he would second the motion. He further noted that motions 9 and 10 were related therefore, would be discussed together.

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Mr. Omwanza Nyamweya on a point of order sought a clarification noting that the issue in the motion had been deliberated under the Regulations and Branches had been denied powers to conduct CPDs at the Special General Meeting.

The President confirmed that it was indeed true a motion having been moved by Mr. Kanjama and the same had failed. He proposed that Mr. Mutia moves his motion after which it would be put to a vote.

NOTICE OF MOTION BY JUSTUS MUTIA AND CHARLES KANJAMA DATED 8TH MARCH 2019 CONSOLIDATED WITH NOTICE OF MOTION BY JUSTUS MUTIA AND CHARLES KANJAMA DATED 8TH MARCH 2019

NOTICE OF MOTION BY JUSTUS MUTIA AND CHARLES KANJAMA The motion provided:

1. That this motion be considered and voted on during consideration of the Advocates (Continuing Professional Development) Rules, 2014. 2. That the LSK Branches had been given the mandate to address practice and welfare issues within the Branches. In actualizing their mandate, Branches had been conducting trainings and events while still generating revenue for LSK. Accordingly, Branches be and are hereby allowed to act as agents of LSK in such trainings and offer CPD Points as accredited providers which would ensure that members engage wholesomely with Branches and have maximum impact. NOTICE OF MOTION BY JUSTUS MUTIA AND CHARLES KANJAMA The motion provided:

1. That this motion be considered and voted on during the aforementioned AGM and that in keeping with legislative practice, each amendment be considered and put to vote separately. 2. That LSK Branches have been vested with practice and welfare mandate which mandate extends to dealing with the welfare of members and increasing member participation in Branch activities. Accordingly, Branches have engaged the CPD Committee in a bid to be accredited CPD providers but have been turned away on the grounds that their accreditation requires amendment of Advocates (CPD) rules, 2014 to allow Branches to be accredited providers. 3. That upon benchmarking with other jurisdictions, it was noted that other Law Societies have allowed their Branches to be CPD providers. 4. That should Branches be accredited, they shall limit their activities to one hundred (100) or less participants and the total number of accredited CPD points to three per members per year. 5. That the following proposed amendments shall strengthen the efficacy effectiveness and operation of the LSK Branches, and to secure the operational autonomy and services delivery mandate of the Branches, be and are hereby incorporated via amendment into the Advocates (CPD) Rules, 2014. 6. The proposed amendments are as follows (Justification given in brackets where necessary):

a. Amend rule 2 by adding to the definition of “accredited provider” the following: ‘accredited provider’ means an institution or an individual approved by the Council, and includes each of the LSK Branches.

(Justification: The LSK Branches may not be understood under the general bracket of an institution.) b. Amend rule 2 by adding the definition of Branch as follows: Branch means a Branch of the Law Society of Kenya as provided for under the Schedule to the Law Society of Kenya Act, 2014. (Justification: To harmonize with the LSK Act) c. Amend the Rules by inserting rule (8A) (a) as follows: 8(A) (a) The LSK Branches as accredited providers shall provide any of the approved CPD activities under these rules and shall award a maximum of 3 CPD points per members per year for Advocates who attend the CPD activities. 8(A)(b) The CPD Committee shall determine the number of CPD points to be awarded in a specific activity at the LSK Branch within two weeks of notification from the LSK Branches provided that if the CPD committee does not respond, the following schedule shall be followed in determining the CPD points to be awarded; I. A two-hour activity shall accrue a half CPD point;

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II. A half day activity shall accrue one CPD point; III. A full day activity shall accrue two CPD points; IV. A two days’ activity shall accrue three CPD points;

8(A)(c) the Branches shall not be required to pay any fee for accreditation and if any processing is required, a fee is required for attendance by members at CPD events, it shall not exceed Kenya Shillings Five hundred (Kshs. 500.00)

Justification: It is not possible for a Branch to effectively deal with practice and welfare matters of its members unless it is recognized as an accredited provider, and allowed to offer courses- like numerous other accredited providers- to its members. Like the other accredited providers, it will be limited to a maximum of three out of the five available CPD points d. Amend rule 14 by adding rule 14(3) as follows; 14(3) this regulation shall not apply to LSK Branches. Justification: The mandates of the Branches have already been provided for under the LSK Act 2014. 7. Pursuant to the proposed amendments and any other amendments to be carried upon procedural determination by members; a) The Secretary be and is hereby allowed to adjust the numbering of the various sub-paragraphs in the regulations to take into account the additions and deletions herein so as to ensure consecutive numbering of all sub paragraphs. b) The amendments herein to take effect immediately upon adoption and approval by the general meeting. c) The Secretary and President of the Law Society of Kenya be and are hereby directed to discharge all duties required to ensure full and immediate legal recognition and validity of the adopted amendments.

Mr. Justus Mutia the Chairperson of the South Eastern Branch of the Law Society of Kenya indicated that Branches should be given the mandate to offer CPDs as an organ of the LSK. He submitted that when CPD rules were being promulgated, the drafters did not intend to stop the organs of the LSK from offering CPD seminars. Further he pointed out that given that LSK Act gave the Branches the mandate to handle practice and welfare matters, they should be allowed to conduct some CPD Seminars. Branch Chairpersons further moved the motion that CPD Rules be amended to allow Branches conduct CPD Seminars.

Mr. Charles Kanjama seconded the motion and reminded members that at the SGM, Branch Chairpersons were informed that the Advocate CPD Rules were in a different statute and thus improper to introduce CPD matters in the LSK Regulations. The matter was not considered substantively. He indicated that at the present AGM, the matter would be considered substantively and it was for members to decide whether CPD Rules should be amended or applied in such a manner as to allow Branches to be in the same category as other accredited institutions that offer CPDs, under the supervision of the CPD Committee. He noted that the Rules were enacted way before the formation of Branches thus the denial of accreditation, citing that CPD Rules do not provide for Branches. He pointed out that Branches should be recognized as units that could and should offer CPDs and added that the intention was to mobilize members to benefit from the trainings organized by Branches and not to take away profit from the LSK National Office. Mr. Kanjama argued that the motion was in favor of the eight (8) LSK Branches.

Mr. Eric Theuri informed members that the motion had been deliberated upon in a previous AGM and had failed. He proposed that that the same motion should not be reintroduced.

Mr. Ribin Ondwari supported the motion and indicated that there was need to empower Branches. He further pointed out that the same was an issue of capacity building and just like devolving funds to the Branches; the National Office should allow and enable more growth of Branches by allowing them carry out CPD Seminars.

Prof. Tom Ojienda thanked the Council for organizing the AGM noting that certain monumental motions had been passed. While contributing to the motion, he indicated that the CPD Rules were drafted prior to the formation of the Branches. In addition, the intention of the Rules was to enable the LSK to provide continuous legal education. He echoed Mr. Kanjama’s sentiments on the need to empower Branches and any further details on the same be 43 worked out between the LSK National Office and the Branches. He proposed that the Branches administer two and a half points with the rest of the points being secured from CPDs organized by the National Office.

Mr. Okello opposed the motion stating that some Branches were still inactive and they would be unable to take up the proposed mandate. Further, he indicated that holding CPDs in various areas gave advocates an opportunity to traverse the Country. Lastly, he was of the view that some Branches would offer substandard seminars.

Mr. Charles Kanyango supported the motion and indicated that it was the right time and a worthy move to give Branches power to organize CPDs.

Dr. Jack Mwimali also supported the motion but cautioned that while offering the trainings by the Branches, there should be quality control so that activities adhere to quality standards since that was the essence of the training.

Ms. Mercy Okiro supported the motion by indicating that if the Council was willing to devolve funds to the Branches, the Council ought to devolve some responsibilities too such as trainings. She pointed out that the cost of travelling to attend CPD for members was high. In conclusion, she suggested that there was need to have quality control which could be done by the CPD Committee and the National Office.

Mr. Wangila Waliaula commenced by pointing out that he sat in the CPD Committee and was a Council Member of the Nairobi Branch. He informed members that time was ripe for the Branches to provide CPDs given that other bodies had been accredited. He proposed that quality control be carried out by the CPD Committee.

Mr. Kipchuma Oliver supported the motion with certain modifications. He explained that since quality control needed to be maintained, Branches be allowed to organize the seminars while the CPD Committee retains the capacity to choose the trainers.

Ms. Lindah Kiome (Chairperson-Mt. Kenya Branch) also supported the motion indicating that having devolved funds to the Branches, accreditation should also be devolved for the betterment of members.

Mr. Enock Mulongo noted that Branches and other accredited institutions were under the CPD Rules. They were thus allowed to offer CPD events, given that the definition of accreditation had been properly provided for under the Regulations. He believed Branches could seek for accreditation from the CPD Committee. He sought clarification from Mr. Kanjama on what exactly the Branches were unable to offer under the Regulations, in terms of providing CPD trainings since the Rules allowed them.

Ms. Faith Waigwa opposed the motion on the grounds that the Regulations passed in 2018 had a formula for revenue sharing and in the event that the particular motion would be passed, then Branches would conduct CPD seminars as accredited institutions. She explained that accredited institutions levy a fee in seminars they hold and all that goes to the LSK was Kshs.1,000/-. In view of that, she noted that this would alter the revenue sharing formula that was proposed and passed in the Regulations. She proposed that the motion be deferred to the SGM and thereafter the matter can be dealt with in totality looking at the revenue sharing formula.

The President pointed out that this was a money motion and if Branches were to be given three (3) out of five (5) CPD points, then service delivery and sustainability of the National Office would be interfered with greatly. He explained that giving CPD points as suggest would see Branches allotted 65% of the revenue, acquired through CPD, that runs the National Office. He inquired on whether a scientific study of what the cost benefit analysis is to the National Office had been undertaken. In summary, Branches would be getting more funds than the National Office yet some Branches do not have a Secretariat. He cautioned members against passing the motion without investigating the financial implications.

Mr. Tom K’opere began by disclosing that he sits in the CPD Committee and that there were Regulations relating to the motion including the issue of revenue sharing. He went ahead to indicate that devolution as proposed in the

44 motion may be counter-productive in terms of revenue and quality assurance. He also noted that the Committee involved the Branches in various seminars. He concluded by indicating that the motion would only be actualized when a Branch had capacity to deliver and had certain structures. He noted that CPD had a directorate and inquired if Branches had the capacity to run similar directorates. He proposed that Branches could be accommodated under accredited institutions. In addition, the issuance of CPD Seminars by Branches should be treated progressively, similarly to devolution and revenue sharing, noting which Branches have the capacity to run CPDs.

The President acknowledged that the core issue was how to deal with empowering Branches progressively. He also noted that another concern was the lack of a proper scientific study to know the impact on quality of the CPD seminars and financial impact on the National Office. He noted that the Regulations as passed provided for revenue sharing formula but not for CPDs. He proposed that a committee be formed to investigate the matter scientifically and the implications therewith. The Committee to involve the Branches, the CPD Committee and Council. Further, the Committee would report back to members during the scheduled SGM.

Mr. Julius Kitheka indicated that he also sat in the CPD Committee and supported the proposal that a sub-committee be formed which would look at the issues from the Branch, CPD Committee and the Council perceptively and extensively, and come up with a comprehensive report to the AGM or SGM. He noted that Mombasa had conducted CPDs on their own and had been given points.

Mr. Charles Kanjama responded to the various issues indicating that the proposal was reached after a lengthy and sufficient deliberation by the Branch Chairs and the CPD Committee. He indicated that having attended a meeting with the CPD Committee, he had categorically explained that all that Branches needed was accreditation to undertake CPDs like other organizations. However, the CPD Committee in response indicated that under the CPD Rules, Branches could not be accredited, unless the Rules were amended. While responding to Mr. Theuri’s concern that the motion had been dealt with in the Regulations, Mr. Kanjama noted that there was never a motion to amend the CPD Rules because the rules were under the Advocates Act while the LSK Regulations are under the LSK Act. He indicated that it was the first-time members were being requested to consider Branches to offer CPDs. On the need for Branches to develop capacity, he indicated that they just wanted accreditation, whereas the CPD Committee would review the quality. He also noted that they were not asking for exclusive CPD points but instead be treated like other accredited institutions. Lastly, he proposed that while the Committee was being formed to deliberate on these issues, Branches should be allowed to be accredited providers.

Prof. Sihanya commended the President on the way he was conducting the meeting and supported the proposal to have a sub-committee.

Mr. Eric Theuri indicated that so far as the motion sought to give the Branches accreditation, the same should be allowed to that extent. He pointed out that there was a similar motion (motion number 10) and if adopted, then there would be no need to form a sub-committee to look into the issues of how financing would be affected because Branches would then apply for accreditation. He proposed that the motion passes allowing Branches to be accredited institutions that can apply for accreditation and with motion number 10, allow for amendment to include them as accreditation institutions.

Ms. Corinne Lusigi opposed the motion for the reason that if it was allowed the CPD would not be regularized and standardized.

The President noted members’ contributions but cautioned against passing a motion without analyzing the quality and financial impact. He further noted that the jurisdiction bestowed on Branches was matters practice and welfare.

Mr. Julius Kitheka proposed that the AGM forms a Committee to investigate issues and come up with a comprehensive and scientific report to be tabled before the General Meeting.

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Resolution: By a unanimous decision, the Council to form a Committee comprising of representatives of the Council, CPD Committee and the Branch chairpersons to look into the matter and report back to the General Meeting.

NOTICE OF MOTION BY LEMPAA SUYIANKA DATED 8TH MARCH 2019 The motion provided that;

1. A Special Resolution be and is hereby passed by members of the meeting for the Law Society barring representative of the Law Society Commissioners from appearing before and or addressing judges and judicial officers in contentious matters in court. 2. A resolution is hereby passed that there is reasonable perception that when a commissioner appears before a judicial officer or a judge, the said judge or judicial officer may not be able to discharge his or her duties independently which has direct effect on the judge\ judicial officer the reputation of administration of justice.

The Motion was based on the following grounds; That the judicial officer feels, perceive or become cognizance of the presence of the appointment officer who also doubles up as disciplinary and promotion master before him or her. 3. That the aforementioned factors have direct impact on the fortune of judicial officer or judge and therefore there is a reasonable, legitimate and honest apprehension that the obscure and/ or extirpate the doctrine of equality of arms amongst litigants. 4. That the fact that Law Society Kenya Judicial Service Commissioners occupy an office or position over the judge and judicial officer further suppresses the notion of independence of the judicial and sanctity of administration of justice. 5. That there is reasonable perception that the judicial officer in question or judge may not be able to discharge his duties independently and that this has direct effect on the judge/judicial officer and the reputation of administration of justice. 6. That there is a likelihood that some of the judges or judicial officer may be appearing before the Law Society of Kenya Commissioners together with other commission members of the Judicial Service Commission for new appointments, promotion or subjects of disciplinary action by the Commissioners who appear before them. 7. That JSC representative is remunerated by the public for participating in activities of the Judicial Service Commission and therefore there is abundance of public interest in limiting the right of audience of commissioners before judges and judicial officer. 8. That if this motion passes the commissioners will still have the benefit of maintaining and running their law practices/consultancies with the only provision that they shall not appear before the judicial officers while still in office. 9. That there is a great public interest in maintaining the independence and perception of judges and judicial officer outweighs the personal interest to appear before the judges and magistrates or judicial to urge matters. 10. That Law Society of Kenya enjoys both constitution and statutory monopoly and therefore must lead by example in promoting the rule of law, independence of the Judiciary and the nobility of the administration of justice. 11. Those members of the Society were aware of the how some Law Society of Kenya representatives in the Judicial Service Commission use their officers and position of authority to intimated Judges and Judicial Officers.

Mr. Lempaa Suyinka explained that the motion sought to bar representatives of the JSC from appearing before the magistrates they discipline; they vet and they transfer because the rule of law must not only be done but seem to be done. He noted that the JSC was a constitutional office which was mandated to promote constitutionality. He submitted that a member appearing before the very Commission and while applying the objective test blurred the public perception.

Mr. Kiprono Felix opposed the motion indicating that the motion was nebulously drafted.

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The motion was seconded by Mr. Wahome Thuku who pointed out that every member has a right to move a motion no matter how much emotions it evokes or handouts received to oppose the motion.

Mr. Tom K’opere proposed that considering the mood of the meeting, that the motion be put to a vote.

Members opposed the proposal and the President called for members’ interventions.

The President asked members to observe respect and consider dignity and decorum of the profession and for one another despite having different opinions. He asked members to ensure that there was sobriety in the debates.

Mr. Frank Walukwe opposed the motion by noting that it was not in order to decide that by the mere fact that a member was going to represent LSK that they are supposed to stop earning a living even though it is known that at the JSC they earn allowance and salaries.

The President inquired on whether there were members who supported the motion to be given an opportunity to make their contributions.

Mr. Maurice Kinyanjui supported the motion primarily as a matter of honor. He submitted that, once elected as a member of JSC, one should not appear before the courts that they oversee.

Ms. Janet Wekesa opposed the motion.

Ms. Martha Waweru urged members to exercise moral authority since they also mirror the Society. She noted the conflict of interest that arises when an individual appears before the said magistrate. She submitted that it was only human nature to be intimidated.

Prof. Tom Ojienda began by stating that his character had been called to question and thus the need for his response. He explained that the role of the Judicial Service Commission as set out in Article. 171. He went on to explain that the elections of a male or female member to the JSC as premised on the Constitution called for a practicing advocate. Therefore, there was need to amend the Constitution to discuss the motion. He also noted that the JSC quorum was made of six(6) members and did not understand how one member would sway decisions made by the quorum. On the issue of conflict of interest, he stated the same was a question of law. He noted that the motion casted doubt on the independence of judicial officers.

Mr. Lempaa Suyianka responded by noting that there was a misconception on the meaning of practice. While responding to Prof. Ojienda’s submission, he stated that Section 16 of the Advocates’ Act defined a ‘practicing advocate’ to include even those who do not go to court. He pointed out that having had radical judicial surgery which saw many judicial officers leave the Bench, it was not enough to claim that judicial officers could not be intimidated. While responding to the concerns on conflict of interest, Mr. Lempaa indicated it was about the public perception given that the test was that of a reasonable man rather the test ought to be objective.

Resolution: The President put the motion to vote and by majority vote in opposition of the same, the motion failed.

NOTICE OF MOTION BY LEMPAA SUYIANKA DATED 8TH MARCH 2019 The motion provided as below;

1. That the current section 4 reads that if an advocate accrues more than five units, the excess number of units shall not be carried over to the next CPD year by that advocate. 2. That knowledge gained by an advocate who accrues more points does not expire with the effluxion of time as human brain is always processing knowledge. 3. That Section 4 (d) allows advocates who fail to accrue five units to make up the difference in the period between the 1st January and 31st January of the next CPD year. 4. That professional development is not a function of a calendar year and once knowledge is gained and used it is continuous and sustainable. 47

5. That units gained by advocate cost money and that the constitution of Kenya 2010 guarantees the right to property and once the excess accrued units are lost the advocates right to property is seriously engaged. 6. That Law Society Kenya enjoys both constitution and statutory monopoly and therefore lead by example in being fair to members and safeguarding the right to property. 7. That the current rule only takes continuously learning as a capital good and not a consumer good and hence trying to a calendar year.

The President suggested that since there was a Committee dealing with the CPD matters, the motion be deferred too and then be referred to the said Committee, which would also give members a comprehensive report on how/whether CPD points could be carried forward to the next year.

Mr. Lempaa Suiyanka stated that he had no objection to the President’s suggestion.

The President proposed that the Committee to be constituted to also consider motion 12 on whether CPD points would be carried over to the following year.

Resolution: Members resolved that the motion be deferred and be referred to the Committee which would give members a comprehensive report on how/whether CPD points could be carried forward to the next year.

MIN. AGM 10/2019: ANY OTHER BUSINESS The President inquired on any other business that would be required to be admitted in accordance with Regulation 35.

Mr. Mwaura Kabata indicated that he had filed his motion. The President inquired on whether it was the motion filed on the 11th of March, to which Mr. Kabata affirmed. The President while responding noted that the said motion had been filed out of time and pursuant to Regulation 32, could not be admitted.

Mr. Kabata inquired whether the said motion could be brought before the floor of the house for members to decide, as it sought to include members who had been structurally and statutorily excluded from membership.

The President however denied the request pointing out the Council had ruled that motions were out of time, thus could not be admitted. It was also imperative to note that the agenda had already been adopted.

Mr. Cohen Amanya noted that the Rule cited by the President did not give the Council powers and mandate to decide on admissibility of motions given that under the Act, there is no provision as to when a motion should be filed.

In response, the President noted that the Regulations provide that motions must be presented twenty one(21) days before the date fixed for the AGM; hence the motion did not fall within that timeline.

Mr. Cohen Amanya urged the President to reconsider his decision as the motion was being made on behalf of colleagues working as state officers at the DPP and AG, for them to be also in active practice.

The President clarified that on the issue the Law Society of Kenya had engaged the AG and the DPP. He reported that there was a taskforce set up between the state law office and the Council to deliberate and pass recommendations. Further, the taskforce had written to the AG and the DPP to enable advocates in these offices, be active members. He suggested that members await the taskforce report in order to move forward.

Mr. Cohen suggested that the motion be pushed to the SGM. However, the President directed that the Agenda had been adopted as it was.

Prof. Ben Sihanya indicated that there were issues that were taken for granted but was glad that the meeting had been conducted well and professionally. He thanked all in attendance for ensuring that important resolutions were passed.

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Mr. Areba Omwoyo echoed the sentiments of Prof. Sihanya and expressed that there were instances when members were filled with emotions and noted they need not wash dirty linen in public. He thanked members and reminded them that the Society was more important and they would still need it even after 30 years.

Mr. Ribin Ondwari thanked the President and made his observation that there was a tendency of interpreting provisions selectively even in previous AGMs. He requested that the same be looked into and proposed that where the Council does not agree with the interpretation of a member, the same should go on record as a member’s interpretation regardless of whether they agree or disagree.

Mr. Dennis Wambua indicated that it was his first time to attend the LSK AGM after admission and that he was inspired by the robust engagements between members and the Council and wished everyone well in their endeavors.

The President appreciated the sentiments from members and reiterated that even though members had engaged in heated debates, it was prudent to always remember that everyone was given a fair chance to speak as had been witnessed during the meeting. He thanked members for exercising patience and informed them that lunch had been served. He also reminded members to collect the Annual Report on their way out and invited them to attend the Annual Dinner which had been scheduled for the same day from 6.30pm at the Intercontinental Nairobi. There being no further business the Annual General Meeting ended at 6.30pm, with a word of prayer from the Secretary.

…………………………….… …………………………………….. PRESIDENT SECRETARY/CEO

DATE ……………………………….……………….

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