The Commercial Practice Committee
The Committee was established to address Commercial Practice Matters of Members.
Members have expressed their dedication to liaise with stakeholders to promote Commercial Lawyers’ welfare in the Practice.
The committee was addressed by Mr. Kamau Wanjiku from the office of Government Digital Processes and Mr. Christopher Mwangi of the Lands Registry on the Lands Digitization Process.
The presenter, Mr. Kamau Wanjiku from the office of Government Digital Processes then took the floor and presented on the following areas:
Background of LIMS
Mr. Kariuki informed members that the digital government process was a directive of 1st April 2014 vide gazette notice of 24th April 2014 and a pilot project was completed within the operation of the notice.
Minute 2.2 Integration
Members were informed of the LIMS automative process which involves integration of data with existing bodies including the LSK.
Mr. Kariuki informed the members of the need for them to sign up as Law Firms. He also took members through the non- monetary benefits of the system which include smooth conduct of their business.
The presenter at this point took a question from Mr. Owuor on the security of the system. He informed members that the system is security proof as only one person is granted backend access.
The Charge flow
Members were taken through the charge flow which begins with appointment of an advocate from the registered firms after which all necessary documentation is scanned and uploaded. Consents obtained from the relevant bodies need to be uploaded as well and physical copies deposited with the lands office.
The advocate will still be the intermediate between the client and the Government lands Office.
Members were informed that once payment is made and confirmed, the transaction is ready to proceed to the next step. It was clarified for members that the date of payment and of registration are reflected in the day book once the physical documents are presented
The Transfer flow
Members were informed that the Charge flow is similar to the transfer flow save for the fact that the transfer is valued and reports sent to all stakeholders.
Icons on the LIMS site
Members were educated on the icons on the system and their functions as follows:
Manage my property: has information on all registered property of the owner and searches made on it.
Registered property: from this, one can see all the registered property in the system. The major challenge with this is governmental good will to forego search fees.
Manage users: identifies law firms and not individual advocates who have registered.
Mr. Mwangi added that to be appointed to act for a client, one has to have signed up as an organization/ firm.
The presenters then addressed members questions and proposals on improvement before the meeting closed with a word of prayer
The committee was addressed by Ms. Legal Manager at Equity Bank will speak to members on Insolvency Law. Click on the link for the full presentation.
The members of the Commercial Practice Committee at their meeting on Wednesday March 7th 2018 received a presentation from Mr. Hillary Cheruiyot , Officer, Regulatory Compliance, Capital Markets Authority, on ACCREDITATION OF GOVERNANCE AUDITORS. The Committee resolved to engage the Capital Markets Authority, ICPSK and other appurtenant Authorities in ensuring inclusion of more members of the Law Society as Governance Auditors.
The Committee proposed to engage the CMA on the following:
- That there be collaboration between LSK Nairobi Branch, CMA and ICPSK to reduce the cost of the trainings for Members as Governance Auditors.
- That the scope of persons eligible to be Governance Auditors be expanded to include LSK Branch Members who are not necessarily certified public Secretaries.
- Possibility of a Joint Training of Governance Auditors by the LSK Nairobi Branch CMA and ICPSK (in collaboration with the CPD Committee) and issuance of Certificates and CPD points.
The committee agreed to send communication to the CMA on the possibility of implementation of the above concerns and the required steps that the Committee and the LSK Nairobi Branch as a whole may need to take to realize the above propositions.
At its recent Meeting of Wednesday January 24th 2018 members noted the challenges in Commercial practice as being the deficit in knowledge of technological and legal trends. It was resolved that the Capital Markets Authority be invited to train members on the new accreditation and its benefits to members.
The Committee engaged representatives from Kenya Copyright Board (Kecobo) and Kenya Industrial Property Institute (KIPI) on prospects of various practice developments
Members welcomed and were addressed by a representative of the Business Registration Service on the registration process.
Members attention was drawn to the new e-method of registration of Businesses using the e-citizen portal.
Members were urged to visit the organization website for more on the process.