KENYA FOREST SERVICE DOCUMENT TITLE: LEGAL OFFICE LEGAL OFFICE … · KENYA FOREST SERVICE DOCUMENT...

KENYA FOREST SERVICE DOCUMENT TITLE: LEGAL OFFICE

REF NO: KFS-LO-001

ISSUE HISTORY

ISSUE NO: 1

PAGE: 1 of 17

ISSUE

1

DESCRIPTION OF CHANGE

None, no change has been done.

PROCESS PILOT

Corporation secretary/Head of Legal Services

EFFECTIVE DATE

14th June 2010

REFERENCED DOCUMENTS

REF TITLE

QPM Quality policy manual

COPY HOLDERS

1. Director

2. QMR

QPM – 5

PM

WI

Management Responsibility

Procedure Manual

Work Instructions

Forest Act

Gazetted Subsidiary Legislation

Strategic Plan

State Corporation Advisory Committee Circulars

Work Plans & Budget

The Constitution

Performance Contract

3. Corporation

Secretary/Head of

Legal Services

4.

PREPARED BY: HEAD LEGAL SEERVICES APPROVED BY: DIRECTOR

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REF NO: KFS-LO-001

RECORDS / ANNEXES

REC NO

ISSUE NO: 1

REC TITLE

Full Board Minutes

Board Committee Minutes

Senior Management Minutes

Departmental Minutes

List of Contracts, Licences and MOUs

Register of Cases

Case Files

Meetings Notification

PAGE: 2 of 17

Register of Contracts, Licences and MOUs

Register Legal Service Library

TABLE OF CONTENTS

ISSUE HISTORY .......................................................................................................................... 1


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REF NO: KFS-LO-001

ISSUE NO: 1

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REFERENCED DOCUMENTS .................................................................................................. 1

RECORDS / ANNEXES .............................................................................................................. 2

1.

2.

3.

4.

5.

6.

SCOPE................................................................................................................................ 3

PURPOSE .......................................................................................................................... 4

RESPONSIBILITY AND AUTHORITY ........................................................................... 4

OBJECTIVES ..................................................................................................................... 4

TERMS AND DEFINITIONS ........................................................................................... 4

DETAILS OF PROCEDURE............................................................................................ 5

6.1 Provision of Legal Counsel to the Service .................................................................... 5

6.2 Preparation of Court Pleadings ....................................................................................... 5

6.3 Filing of Court Pleadings .................................................................................................. 5

6.4 Service of Court Pleadings .............................................................................................. 6

6.5 Court Attendance .............................................................................................................. 6

6.6 Delivery of Judgement ...................................................................................................... 6

6.7 Court Orders ...................................................................................................................... 6

6.8 Execution of Court Orders ............................................................................................... 7

6.9 Alternative Modes of Dispute Resolution ...................................................................... 7

6.10 Preparation of Contract / documentation for the SERVICE .................................... 7

6.11 Preparation FOR BOARD MEETINGS ...................................................................... 8

6.12 Preparation FOR SENIOR MANAGEMENT MEETINGS ....................................... 8

PROCESS fLOW CHART (Preparation of Court Pleadings) ................................................ 9

PROCESS FLOW CHART (Filing of Court Pleadings) .............................................................. 10

PROCESS FLOW CHART (Service of Court Pleadings) ............................................................ 11

PROCESS FLOW CHART (Delivery of Judgement) .................................................................. 12

PROCESS FLOW CHART (Court Orders) .................................................................................. 13

PROCESS FLOW CHART (Alternative Modes of Dispute Resolution) ..................................... 14

PROCESS FLOW CHART (Preparation of Contract / documentation) ...................................... 15

PROCESS FLOW CHART (Preparation For Board Meetings) ................................................... 16

PROCESS FLOW CHART (Senior Management Meetings) ...................................................... 17

1. SCOPE

This procedure covers from convening board meetings, preparation and

vetting of contracts, legal advice to service, litigation to alternative


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CSF

settlement of dispute.

2. PURPOSE

The purpose of this procedure is to ensure that Legal Office operations

are done appropriately and in a timely, fair, transparent & professional manner.

3. RESPONSIBILITY AND AUTHORITY

3.1 Director

3.2 Corporation Secretary/Head Legal Services

3.3 Legal Officers

4. OBJECTIVES

NB: Refer to the performance contract.

KPI TARGET(S)

5. TERMS AND DEFINITIONS

DUE

TERM

KFS

KPI

CSF

LO

MD

DD

DEFINITION(S)

Kenya Forest Service

Key Performance Indicator

Critical Success Factor

Legal Office

Managing Director

Deputy director


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TERM

SDD

ISSUE NO: 1

DEFINITION(S)

Senior Deputy Director

PAGE: 5 of 17

6. DETAILS OF PROCEDURE

6.1 Provision of Legal Counsel to the Service

6.1.1 The Legal Officer identifies areas that need legal advice in KFS.

6.1.2 Ascertains whether different service areas are in compliance with the relevant

legal provisions in discharging their services.

6.1.3 Sensitization of different service areas on legal provisions that affect their

operations.

6.1.4 Advises the KFS Management and the respective service areas in regard to legal

matters.

6.1.5 Interpretation of legal documents and/or instruments relevant to the operations of

the Service and advise accordingly.

6.2 PREPARATION OF COURT PLEADINGS

6.2.1 The LO receives and records correspondence in regard to legal matters.

6.2.2 LO drafts the necessary Court Pleadings which include Plaints, Memorandums,

Petitions, Chamber Summons, Originating Summons and Notices of Motion,

which are necessary in instituting civil proceedings.

6.2.3 The LO also responds to Court pleadings filed against the Service.

6.3 FILING OF COURT PLEADINGS

6.3.1 Pleadings e.g. Verifying Affidavits and Supporting Affidavits are serviceed by the

Serviceer for Oaths before filing.

6.3.2 The Pleadings are then filed at the relevant registry.


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6.4 SERVICE OF COURT PLEADINGS

Note 1: Court pleadings must be duly served as per the provisions or

order of the Civil Procedure Code.

6.4.1 After filing in Court, the pleadings are served upon respective parties to the suit.

6.4.2 The Court Process Server affecting the service prepares an Affidavit of Service

to that effect.

6.4.3 The Affidavit of Service is then filed in Court for record purposes.

6.5 COURT ATTENDANCE

Note 2: Court attendance is as per the Hearing Notices issued and the

dates taken in court.

6.5.1 Any party to the suit can move the Court for a Hearing date and a hearing date

can also be taken in court by Consent.

6.5.2 The Hearing Notice must be served upon the other party to the suit.

6.5.3 The Advocates then attend Court for purposes of the hearing of the suit.

6.5.4 The hearing includes prosecution or defending or arguing the matters in court.

6.6 DELIVERY OF JUDGEMENT

6.6.1 Upon hearing of the suit, a ruling or a judgment is delivered by the

Judge/Magistrate.

Note 3: Judgement delivery can be given at the hearing or at a later

date.

6.6.2 Rulings or Judgments are read by the Judge or Magistrate in open Court.

6.6.3 The parties obtain the judgment or ruling delivered from Court.

Note 4: Judgments signify the determination of the suit.

6.7 COURT ORDERS


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6.7.1 Orders of the Court are extracted from the Judgment or Ruling by court clerk.

6.7.2 The party in whose favor Judgment or Ruling is delivered extracts orders for

purposes of execution.

6.7.3 After extraction of Court Orders, the party in whose favor the Orders are granted,

moves the Court for execution.

6.7.4 The Court Orders must be served upon the other party.

6.8 EXECUTION OF COURT ORDERS

6.8.1 Orders are not issued in vain hence upon service; the same must be complied

with.

6.8.2 Non-compliance with the Court Orders amounts to contempt of Court.

6.8.3 In such cases, contempt of court proceedings may be instituted against the party

who flouts the said orders.

6.8.4 Compliance with the Court Orders means execution of the same to the letter.

6.9 ALTERNATIVE MODES OF DISPUTE RESOLUTION

Note 5: Not all suits go through the normal Court procedure.

6.9.1 Parties may decide to withdraw matters and settle them out of court.

Note 6: Settlement out of Court includes the parties reaching a mutual

agreement as to the mode of settlement.

6.9.2 Upon such settlement, the parties record a consent in Court.

6.9.3 A Consent Order is then extracted and its particulars must be observed both in

letter and in spirit.

6.10 PREPARATION OF CONTRACT / DOCUMENTATION FOR THE SERVICE

6.10.1 The user department/division inform the Legal Office of the particulars

of the intended agreement with third parties.


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6.10.2 The LO prepares a formal contract as per the particulars of the

oral/drafted agreement.

6.10.3 The LO also peruses any contracts and/or agreements submitted to

the service for execution.

6.11 PREPARATION FOR BOARD MEETINGS

6.11.1 The Corporation Secretary receives Board papers from the respective

Heads of Divisions.

6.11.2 Invitation notices are sent out to Board members together with the

Agenda and Board papers.

6.11.3 The Corporation Secretary takes Board minutes and presents them to the Board

Chairman for signing when ready.

6.11.4 The approved Board minutes are presented during the subsequent Board

meeting for confirmation.

6.12 PREPARATION FOR SENIOR MANAGEMENT MEETINGS

6.12.1 The Corporation Secretary receives papers from the respective Heads

of Divisions for discussion during the Senior Management meeting.

6.12.2 Invitation notices are sent out to Board members together with the

Agenda and discussion papers.

6.12.3 The Corporation Secretary takes Senior Management minutes and

presents them to the Director for signing when ready.

6.12.4 The approved Senior Management minutes are presented during the

subsequent Senior Management meeting for confirmation.


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PROCESS FLOW CHART (PREPARATION OF COURT PLEADINGS)

ACTIVITY

START

RESPONSIBILITY

Receives and records correspondence in regard to legal matters.

Drafts the necessary Court Pleadings for

instituting civil proceedings.

Responds to Court pleadings filed against

service.

END

LO


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PROCESS FLOW CHART (FILING OF COURT PLEADINGS)

ACTIVITY

START

RESPONSIBILITY

Pleadings are serviceed by the Serviceer

of Oaths

Pleadings are filed at the relevant Court

Registry

END

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PROCESS FLOW CHART (SERVICE OF COURT PLEADINGS)

ACTIVITY

START

RESPONSIBILITY

After filing in Court, the pleadings are

served upon respective parties to the suit.

Prepares an Affidavit of Service to that

effect.

Affidavit of Service is then filed in Court for record purposes.

END

LO

Court Process Server


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PROCESS FLOW CHART (DELIVERY OF JUDGEMENT)

ACTIVITY

START

Upon hearing of the suit, a ruling or a

judgement is delivered.

Rulings or Judgments are read by the Judge

or Magistrate in open Court.

The parties obtain the judgement or ruling

delivered from Court.

END

RESPONSIBILITY

Judge/Magistrate

Involved parties


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PROCESS FLOW CHART (COURT ORDERS)

ACTIVITY

START

Orders of the Court are extracted from the

Judgement or Ruling.

Party in whose favour Judgement or Ruling is delivered extracts orders for purposes of

execution.

Party moves the court for execution

.

Court orders are served upon the other

party

END

RESPONSIBILITY

Court Clerk

Involved Parties


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PROCESS FLOW CHART (ALTERNATIVE MODES OF DISPUTE RESOLUTION)

ACTIVITY

START

RESPONSIBILITY

Parties may decide to withdraw matters and

settle them out of court.

The parties record Consent in Court.

Consent Order is then extracted and its particulars must be observed both in letter

and in spirit.

END

LO


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PROCESS FLOW CHART (PREPARATION OF CONTRACT / DOCUMENTATION)

ACTIVITY

START

RESPONSIBILITY

Informs the Legal Division of the particulars

of the intended agreement with third parties.

Prepares a formal contract as per the particulars of the oral agreement.

Peruses any contracts and/or agreements

submitted to the Service for execution.

END

Service Areas

LO


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PROCESS FLOW CHART (Preparation For Board Meetings)

ACTIVITY

START

RESPONSIBILITY

Receives Board Papers from Heads of

Divisions

Sends out invitation notices to Board Members.

Takes minutes of Board meetings and

prepares the minutes for signing by the Board

Chairman.

END

Service Areas

Corporation Secretary


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PROCESS FLOW CHART (Senior Management Meetings)

ACTIVITY

START

Receives discussion papers from Heads of Divisions

Sends out invitation notices to Senior

Management Members.

Takes minutes of Senior Management meetings and prepares the minutes for signing

by the Director

END

RESPONSIBILITY

Service Areas

Corporation Secretary


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KENYA FOREST SERVICE DOCUMENT TITLE: LEGAL OFFICE LEGAL OFFICE … · KENYA FOREST SERVICE DOCUMENT...

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