LSK2007kw

Dear Blogger

I trust you are well and looking forward to well deserved rest. I trust that you have voted and/or are in the process of voting and considering who to nominate for Council. Let me take this opportunity to thank those that have supported my candidature. I have no other way of thanking you other than pledging to honour the pledges I have made during this process if I get elected as your Chair.

As we head to the close of the elections I feel that there is a need to mention several issues.

On the Ballots

To minimise the incidences of spoilt ballots, please note to follow the instructions on the ballot paper. Note for example that a vote with a “tick” as opposed to an “X” is a spoilt ballot! It is also important that you return your ballot with the letter from the Secretary that forwarded the ballot. This letter contains the serial number of your ballot and will make it easier for the scrutineers to verify the validity of your ballot.

On the character of the campaigns

I have avoided commenting on the unfortunate misinformation and sometimes ethnic laced discussions that have attempted to define this election, including titillating stories about who’s funding who for the LSK campaigns and who detests which sector of lawyers etc etc. Speaking for myself, I can tell you that I am not funded by anyone which is why I could not even afford to visit many of the towns in this country that I would have wanted to sell my vision to. I have also had the benefit of working with and for lawyers trained in all jurisdictions and I can tell you from the bottom of my heart, competencies are not determined by where lawyers are trained.

Fortunately I know that these issues have not swayed most of the LSK members and that for most of you the choice is defined by issues, by merit, by vision, by competence, by capacity.


On the election process

Should you elect me as your chair, one of the priority actions for Council will have to be the review of the electoral rules and the enactment of a code of conduct for elections. The process as designed now is archaic and out of tune with current realities. How does one explain for example that there is a chap in Nyeri purporting to collect ballots on my behalf and yet I have instructed no such person?

Dear Colleagues

By the time you get this mail, the ballots for the election of Chair of your Society will probably be in your hands. Let me start by urging you not to file them away but to vote immediately. Naturally, I urge that you vote for me. From previous statistics only about 50% of the membership vote, and this naturally prejudices the legitimacy of the team the takes over leadership of the Society.

I want to take this opportunity to thank those of you who took time to respond to my last email concerning the LSK elections. I am especially happy with those who raised specific issues and I hope that our dialogue continues even after the elections. I have answered the issues raised specifically and all those responses are posted on my blog which can be accessed at http://lsk2007kw.blogspot.com/. Please feel free to visit the blog and post any comments on the issues there or any other issues relating to the matter at hand.

There are however four issues that have arisen in the course of the correspondence that I would wish to respond to

On the issue of politics
On the issue of improving the standards of practice
On the issue of young lawyers
On the issue of ‘upcountry’ lawyers

On Politics

Pursuant to its statutory mandate, the Law Society has traditionally been involved with matters of governance at the national level and to that extent members concerns about the possibility of LSK being involved in partisan politics are legitimate. My view is that the LSK cannot and must not waver in its role as a defender of the public interest, particularly on issues that relate to justice and the rule of law. These include the stalled review process, the fight against corruption, the disrespect for the rule of law, the state of the Judiciary, the battle against autocracy, be it by the Executive or even Parliament etc. Such defence must however be on the basis of principle and should not be aligned with partisan politics. I believe that with the diversity of political opinions that exist within the membership the Chairman’s personal political positions, however appealing, should not be articulated as the views of the Law Society. My pledge to the membership is that given the mandate, I will valiantly engage government on these questions ensuring that the LSK’s historical role as a defender of the public interest is not compromised.

On improving the standards and conditions of practice

The LSK should support and must continue to be a part of the ongoing review of the Advocacy program at the Kenya School of Law so that those who enter into the profession are properly qualified. For those already in the profession, the Continuing Legal Education Program should metamorphose into a diverse and comprehensive Professional Development Program that introduces Advocates to new and emerging areas of practice even as they continue to improve their capacities in traditional areas of practice. It is also time to review the rules against advertising and allow limited advertising, noting that other professionals that compete in our environment have no restrictions on advertising their services.

Given the mandate, I will gallantly fight against the encroachment by all and sundry into areas of practice traditionally reserved for Advocates and the continuous erosion of the earning capacity of Advocates. The pending gazzetment of the revised Remuneration Order is a welcome development in this regard and the current Chair must be congratulated for his efforts towards this worthy development.

On improving the standards of practice, I am aware that many Advocates cannot afford effective research facilities which would enable them to effectively deliver to an increasingly demanding clientele. We need to take advantage of economies of scale to empower our members towards increased professionalism. To this end the I will propose that the LSK invests in state of the art resource centres and research facilities progressively in the main towns where Advocates practice.

Recognising that most of our members’ livelihoods depend on an efficient judicial system, the LSK must continue structured interventions with the Judiciary. We must also continue our engagement with other institutions in which Advocates practice including the Lands Dept and other Registries. The Bar-Bench relations committees must be reinvigorated and we must push government to implement much needed reforms in the Judiciary. Whereas those interventions will primarily involve dialogue I will be ready to pursue other avenues of intervention if dialogue does not yield results.

On Young lawyers

Having taught young lawyers at the Kenya School of Law in the last one year, and having interacted with many young lawyers in the course of practice, I am concerned by the level of alienation that many young lawyers feel from the legal profession. Council has tried in the past to address this situation and I believe that much more needs to be done to incorporate the young professionals into the life of the LSK. Many young lawyers complain of poor working conditions, poor remuneration, paucity of pupillage places and jobs, inability to access LSK events due to costs …. The list is endless. These issues have both long and short term solutions. Short term measures include introducing reduced fees for young lawyers for LSK events and programs, issuing guidelines on reasonable remuneration for young lawyers and encouraging employers to bear the costs incidental to a lawyers practice (eg the practising certificate fees, CLE costs etc) as part of the infrastructure for employment. There will also be need to reinvigorate the Young Lawyers committee so that matters peculiar to this critical segment of the profession can be better articulated. In the long term, part of the answer lies in increasing income earning opportunities for lawyers and prioritising welfare concerns that impact vulnerable members of the LSK, of which young lawyers form the greatest component.

On ‘upcountry’ lawyers

The apparent polarisation of the Society between Nairobi lawyers and lawyers who ordinary practice outside the capital is both unfortunate and unnecessary. The fact that roughly 35% of lawyers practice out of Nairobi is now a reality. This development must be encouraged both as an Access to Justice issue and also as a way of deconcentrating legal services from the City. The challenge for the LSK is to continue the momentum of keeping lawyers who ordinarily practice outside Nairobi as an integral part of the LSK family and to ensure that issues that impact these lawyers are not in the LSK back burner. The current financial support allocated to branches is a positive development but there is need to consider structural support so that each branch has an effective LSK supported secretariat and resource centre. In the final analysis the improvement of the conditions and standards of practice all over the country is a benefit to the legal profession generally and a worthy investment.

In conclusion

Let me emphasize that I do not purport to be the typical African Big Man with all the answers to complex issues that bedevil our country and the LSK. I am a good listener, a team player and a conscientious leader. I will, if given the mandate, provide forums for the exchange of views and the formulation of solutions, so that ultimately the solutions we give will be owned by the membership who are then duty bound to hold Council accountable. Lets keep our lines open.

Once again I ask that you vote for me for the Chairmanship of the LSK

Kamotho Waiganjo
Advocate

LSK2007kw

LSK2007kw

NM

Thanks for raising these issues. My short comments on them are as follows

On the question of case management in the courts; I know that most Advocates livelihoods depend on a working judicial system. I agree that the current system is archaic, non transparent and non accountable. If I am elected my Council would initiate discussions and lobby for a more credible and efficient process. This would include lobbying for the appointment of judges purely on merit (thus ensuring competence), removing the current process of recording of proceedings by judges and other processes that delay the prosecution of cases, regular presentation of returns on cases handled by judicial officers to a case management office, the introduction of a more efficient case allocation format etc. I would also lobby for the increase in the numbers of the magistracy and improvement of the terms of their service, this would also attract competent persons to this critical part of the judiciary.

Naturally, it is critical that the Bar-Bench Relations committee be revamped as many of these reforms will require the goodwill of the judiciary. If the judiciary is however not willing to work with us we will leave our options open, this is a matter too critical to be left at the judiciary’s whim.

Thanks and do keep in touch

I thank you for forwarding the comments by the young Advocate which I believe is a concern shared by many young Advocates. Let me start by indicating that I deliberately avoided putting too much detail in my platform statement noting that lawyers don’t like long documents …unless they are paid to read them! And even then!

Some general thoughts on the matters raised.

In the first place it is important to recognise that the plight of young lawyers is a manifestation of a wider problem; the inadequacy of efforts so far taken by Council to proactively deal with welfare issues generally in a away that positively impacts the conditions under which lawyers practice. It just happens that this failure hurts young lawyers and other vulnerable groups more. To that extent the question of the plight of young lawyers needs to be part of a discussion on how to improve the welfare of all lawyers generally, recognising however that young lawyers are a priority group whose concerns require immediate action. As a new teacher at the Law School I have become more aware of just how bad the situation is for lawyers getting into the profession and I am committed to effecting changes in policy and programmes that arrests this situation, not because I need the young electoral vote but because it is good investment for the profession.

Let me start with a disclaimer. I would be dishonest if I purported to have the solutions to the many issues that bedevil the LSK at this point in its life. Even more dishonest if I purported to have all the solutions to the issues that affect young lawyers! I am a team player and a great listener and believe that we must together interrogate the problem and together seek the solutions. My role as a leader will be to provide opportunities for you as members to seek solutions and to ensure that once solutions have been agreed on I will provide the infrastructure for implementation. That will ensure ownership, transparency and make it more possible for members to hold Council accountable to fulfilling its pledges.

Let me however share some specific short and immediate term solutions to the issues raised:-

On entry into the profession: We must avoid the temptation of looking at lawyers coming into the profession as a problem but as a challenge and also a resource, the challenge being to expand the opportunities for legal practice not just in our economy but also in the region. It is however essential that those seeking entry properly qualify to enter the profession. In the circumstances I support the proposed changes to the advocacy program that will require a more intense qualification process, provided that it addresses the question of funding of the law school process. I am part of a team looking at the possibility of funding law school education through a fund operate through the Law Society. This would ensure that legal education and advocacy does not become the preserve of the well endowed.

On pupillage: I was part of the team that recommended for the expansion of places of placement to include all public offices and all NGOs which have legal departments, provided there is an Advocate therein who qualifies as a pupil master and there is significant exposure of the pupil to different aspects of legal practice. This would include land registries, parastatals, some Government departments etc. I intend to push for the amendment of the pupillage rules to effect that decision as soon as possible. This would add about 300-400 pupillage places at any one time. Needless to say I will continue to encourage Advocates to take pupils in their private chambers but as you recognise, that is an individual members decision which LSK cannot enforce. Thee may however come a time, especially if the advertising rules are reviewed, when the LSK may classify law firms, and one of the areas of classification will be a law firms training component (read pupillage).

On pupillage allowances: If elected my Council would issue guidelines on reasonable allowances for pupils. This would hopefully shame Advocates in at least paying the minimum. We must however recognise that enforcing a rule that requires a minimum allowance may work against pupils as some Advocates may then refuse to take pupils. It may also be difficult to enforce especially because pupils are not employees (though I know most operate as employees!) and on average the demand-supply equation is highly weighted against pupils. It’s a fine balance. In the long term, students undergoing the advocacy program need the option of financing through a subsidised loan program whose payment can be spread over time and I know that this is part of the ongoing discussions on the reform of the advocacy program. It would be helpful to hear other ideas on this point.

On the terms of employment for young lawyers: I intend to commence a process where LSK offers guidelines for the terms of employment, for I recognise that most young lawyers are being severely exploited by their employers. Naturally, these can only be guidelines, but it ensures that any exploitation that takes place is known by all parties and hopefully that will minimise, if not eradicate it completely. On the LSK side, I intend to have a sliding scale for all LSK events, conferences, luncheons, CLEs etc so that young members are encouraged to be fully integrated in the LSK family. Without doubt, CLE events, practising certificate fees and all charges that are mandatory for one to practice should be paid by the employer. If elected I would issue a policy note to this effect.

On young lawyers participation in the LSK: I intend to relaunch the young lawyers committee because I recognise that some perspectives can best be articulated and pursued by that constituency as a ‘corporate’ entity.

ON THAT POINT, I HAVE ENCOURAGED AND HEREBY CONTINUE TO ENCOURAGE YOUNG LAWYERS TO NOMINATE FOR COUNCIL ONE OR MORE OF THEIR OWN AND WE WILL SUPPORT SUCH CANDIDATE. THAT MUST BE DONE AS A MATTER OF URGENCY.

On increasing employment opportunities: If elected my Council would continue to play a primary role in expanding the opportunities for employment of Advocates. Currently we are pursuing the commencement of a national legal aid scheme that would enable government to employ hundreds of lawyers. This is an effort I would invest energy in, from an access to justice perspective but also as a trade union issue.

These are just some of my thoughts on the welfare of young lawyers but I will naturally appreciate views on these and other areas that would positively impact young….and the not so young lawyers!

Lets keep the lines open.

Kamotho

Sample some responses

SOME GOOD AND SOME NOT SO SURE!!!


Dear Mr Kamotho,

Its nice to note that you are offering yourself for the post. it portents good things to the society, yet for those of us who are for the moment based out of nairobi, your promise to build efficiet secretariats at the national and at branch level is of particular interest. over the years, members of the society practising out of nairobi, other than contribute to the support of the Natioanl office have had to put up structure on their own and at their additioanl expenses which in time have been adopted by the society as its branches. it means that for us to get services from the Law society, we have had to subvent ourselves twice over. when recently we have financial support from the National office, it has depended as nascent equity did on the size of the chancellors's foot, on the policy and perhaps the benevolent or worse still on the bias of the current chairman and or the constitution of the council.
how do you plan to safe-guard and improve on the strides that have been made to improve the realationaship between the society and its members paractising outside of the city.

D.G
Daniel

My response

Thanks for your comments. I know at this point when I am seeking votes I can sound like I am promising heaven but I am sincere when I say that a clear policy, duly affirmed by member's resolution and probably changes in the law, needs to inform support for the branches. It should not be campaign largesse, or a reward for support, it is the entitlement of members. In any event, when standards of practice fall in Kisumu, or Nyeri or Busia, does not the whole profession suffer? Who distinguishes between lawyers in Mombasa and those in Nairobi as parliament decides to chip away lawyer's traditional reserve?

And is it not in our interest to encourage our members to practice in the regions even as an access to justice/human rights issue.

All in all I believe that we must strengthen the branches AS A MATTER OF RIGHT and for the good of the profession. And if it depends on me, we will invest in improving standards of practice in the whole country, we owe it to ourselves.

Lets keep in touch.

Kamotho

thanks kamotho, we'll give you all the support we can muster
one issue that needs immediate attention is the qualification of judges .
would you push for the professional hiring of judges through public advertisement !!

all the best

KN

Dear Mr. Kamotho Waiganjo,

I am in receipt of your mainfesto and wish to congratulate you for offering yourself as alternative leadership in the LSK. The vision you have is definitely what LSK needs to serve as a change agent and I am sure you will take the LSK to great heights.

AM

Go go go, and win! I like the blog idea, it will help us engage you on a varied number of issues, particularly your vision and plan for a new look LSK. As for me a nd my family, you can be assured of support.

GK

You have my vote. It's high time the LSK regained its respectable position in this country and some sense of sobriety in its all important activites. Also, 2007 being a national election year, I do not see a more befitting Chairman.

All the best in the race!!

Best wishes,

PM




Hullo,Received your e mail and will prayerfully consider your candidature and will vote as the Lord leads.

KM

The contents of your mail has been noted on the above subject.

JA

Interesting!!

BS


Thanks Mr. Waiganjo for sharing your vision for the LSK with us. I wish you well in this important pursuit to reclaim the place of the LSK in the affairs of this good country.

KS

Thank you and wish you all the best.

In the event you get the opportunity to lead the society, may God give you the wisdom to do the right things.

Once again wishing you all the best.

MC
Bwana Kamotho,

I am delighted to hear you as a candidate talking about the welfare of lawyers as being supreme in your agenda.

In fact past chairmen and council have so neglected the welfare of lawyers that I wish you would dedicate your entire tenure to improving the welfare of lawyers.

For me two issues are of great relevance here. The first is the issue of lawyers scale fees. We as a profession have totally debased ourselves with cut-thought undercutting. We need an urgent and workable solution.

The other is the general plight of newly admitted advocates. The need to regulate entrants into the legal profession has been talked about but for me the greater concern is finding these new advocates learning and employment opportunities so that they are able to become better lawyers who sustain the reputation of the profession. Replacement of public prosecutors with qualified advocates and similar initiatives are bound to provide these opportunities. I hope you can pursue this area.

I wish you well and I hope you will remember your pledge once elected.

With kind regards,

MK

I have read the message and have nothing further to add save that I fully endorse the sentiments of my brother ........
I will make sure that my entire firm rallies behind you.
Your ethos corresponds with my views- I have always been a firm believer that the society should first and foremost promote the welfare of its members. This is essentially ensuring that the wheel of justice flow smoothly leading to faster delivery of services to our clients. The sooner we deliver the faster we are paid.

AG

These will be trying times indeed!!!

I await an opportunity to interrogate yours and others'( unless of course you are unoppossed- which would a pleasant surprise) candidature!

I should be in a position to play a role on your platforms I believe, so kindly feel free to get in touch if I am required.

On your marks , go!!!

JK

Hi Mr. Kamotho,

Thanks for your mail.

This is to register my apprecition for not only your mail but your views on how you intend to transform the LSK into the vibrant, relevant professional organisation it ought to be. It is the first time in a long time that an aspirant has actually taken time to communicate his ideas to me.

Having outlined your stated aspirations, I am sufficiently confident in assuring you of my vote as, ultimately, in the event that you are elected, I can look up to the points and remind you should you forget or choose to forget to pursue them.

I wish you the very best in your intentions and, rest assured, I will do my best to secure you as many votes as I reasonably can - I am sick and tired of the efforts to tribalise and trivialize LSK - something that I have seen happen

On the16th of October I sent the mail below to all members of the LSK who are on email. Other than the usual congratulatory messages I have received intereting comments most of which are commiting themselves to hold me accountable to my generous promises.

"I wish to inform you that I have been nominated by Nzamba Kitonga SC former Chairman of the Law Society and Joyce Majiwa, former Chairperson FIDA Kenya as one of the candidates for the office of Chairperson of the Law Society of Kenya for 2007. I have humbly accepted the nomination and I believe the ballots for the elections will be in your hands in a short while. I trust that you will participate in the electoral process in this critical time in the life of the Society by casting your ballot for the candidate that you feel is able to steer the Society to greater heights in this critical season.

My vision for the Law Society is to work towards reducing its diminishing status in its core areas of mandate; Diminishing relevance to members, many who feel that as the infrastructure for legal practice, including the judiciary and other relevant departments, keeps deteriorating, critical welfare concerns do not occupy a place of eminence, Diminishing relevance to Society as its status as the paramount defender of the public interest in matters of governance, including the fight for a new constitutional dispensation and a corruption free society, is severely contested, and Diminishing relevance regionally and internationally as domestic concerns leave little energy for LSK to effectively engage at the international arena.

If you provide me with the opportunity to serve you in the capacity sought, I will immediately provide leadership towards achieving the following goals that I believe will place the Society on the path to increased relevance

· Creating accessible, equitable, accountable and honorable electoral and governance structures that facilitate optimal participation and ownership by ALL members.

· Investing in improving the welfare of ALL (but particularly vulnerable) members and raising the standards of practice.

· Intense and structured engagement with the Judiciary and the various Registries and Departments that impact the practice of Law.

· Building Efficient and Member friendly secretariats both at the National office and in the Branches.

· Ensuring structured and effective interventions on governance issues at the National level.

· Ensuring Enhanced visibility for the LSK nationally, regionally and internationally.


I pray that when the time comes to cast your vote, the question of who has the capacity to deal with these and similar issues is what will inform your choice. If you do, even if that candidate is not myself, the society is on to a good future.

As soon as the elections commence I will launch a blog that will enable you and other members to communicate on the avenues best suited to get this our Society on a sounder footing. I will continue to seek other opportunities to share my vision and hear from you on how we can together make the LSK the Law Society we can all be proud of.

May God richly bless you.

Kamotho Waiganjo"

I intend to use this blog as an avenue for exchange of ideas on how to improve the Law Society in or out of office