National Council for Law Reporting Act

LAWS OF KENYA
THE NATIONAL COUNCIL FOR LAW REPORTING ACT
CAP. 19A
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
National Council for Law Reporting Act
Cap. 19A
Legislation as at 31 December 2022
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• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

National Council for Law Reporting Act (Cap. 19A)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Establishment of National Council for Law Reporting ...................................................................................................................... 1
3. Functions of the Council .............................................................................................................................................................................. 1
4. Composition ....................................................................................................................................................................................................... 1
5. Meetings of the Council ............................................................................................................................................................................... 2
6.

................................................................................................................................................. 2
6.

Remuneration of Council members .......................................................................................................................................................... 2
7. Appointment of the Editor ........................................................................................................................................................................... 3
8. Functions of the Editor ................................................................................................................................................................................. 3
9. Assistant Editors and Reporters ................................................................................................................................................................ 3
10. Secretary and other employees .............................................................................................................................................................. 3
11. Functions of the Secretary ........................................................................................................................................................................ 3
12.

................................................................................................................................................ 3
12.

Pensionable officers ..................................................................................................................................................................................... 3
13. Transfers or secondment of public officers ......................................................................................................................................... 4
14. Funds of the Council ................................................................................................................................................................................... 4
15. Annual estimates .......................................................................................................................................................................................... 4
16. Bank accounts and investments ............................................................................................................................................................. 4
17.

................................................................................................................................................ 4
17.

Accounts and audit ....................................................................................................................................................................................... 4
18. Annual reports ............................................................................................................................................................................................... 4
19. Judges to supply judgments, etc. to the Editor ................................................................................................................................ 4
20. Returns to be made by registrars of superior court ........................................................................................................................ 4
21. Kenya Law Reports to be official reports ............................................................................................................................................ 5
22. Rules .................................................................................................................................................................................................................. 5

.................................................................................................................................................... 5

National Council for Law Reporting Act (Cap. 19A) Kenya
NATIONAL COUNCIL FOR LAW REPORTING ACT
CAP. 19A
Published in Kenya Gazette Vol. XCVII—No. 5 on 27 January 1995
Assented to on 5 January 1995
Commenced on 27 January 1995
[Amended by Statute Law (Repeals and Miscellaneous
Amendments) Act, 1997 (Act No. 10 of 1997) on 7 November 1997]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 15 October 2007]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the establishment of a National Council for Law Reporting to publish
Kenya Law Reports and provide for connected purposes
1. Short title
This Act may be cited as the National Council for Law Reporting Act. 2. Establishment of National Council for Law Reporting
(1) There is established a body to be known as the National Council for Law Reporting referred to in
this Act as “the Council”. (2) The Council shall be a body corporate with perpetual succession and a common seal, and may sue
and be sued in its corporate name.

s “the Council”. (2) The Council shall be a body corporate with perpetual succession and a common seal, and may sue
and be sued in its corporate name.

(3) The Council may for the carrying out its purposes under this Act—
(a) acquire, hold and dispose of movable and immovable property;
(b) enter into any contract; or
(c) borrow money. 3. Functions of the Council
The Council shall—
(a) be responsible for the preparation and publication of the reports to be known as the Kenya Law
Reports, which shall contain judgements, rulings and opinions of the superior courts of record;
(b) undertake such other publications as in the opinion of the Council are reasonably related to or
connected with the preparation and publication of the Kenya Law Reports; and
(c) perform any other functions conferred on the Council by or under the provisions of any other
written law. [Act No. 7 of 2007, Sch.]
4. Composition
(1) The Council shall consist of—
(a) the Chief Justice;
(b) the Attorney-General or his representative;
1

w. [Act No. 7 of 2007, Sch.]
4. Composition
(1) The Council shall consist of—
(a) the Chief Justice;
(b) the Attorney-General or his representative;
1

National Council for Law Reporting Act (Cap. 19A) Kenya
(c) a judge of the Court of Appeal nominated by the Chief Justice;
(d) a judge of the High Court nominated by the Chief Justice;
(e) a public officer being an advocate nominated by the Attorney-General;
(f) two advocates of not less than seven years’ standing nominated by the Law Society of Kenya;
(g) the Dean of the Faculty of Law, University of Nairobi or his representative;
(h) the Government Printer or his representative not below the rank of Deputy Government
Printer; and
(i) the Editor appointed under section 7. (2) The Chairman of the Council shall be the Chief Justice. (3) Members of the Council shall hold office as such—
(a) in the case of ex officio members, as long as they hold the office by virtue of which they are
members of the Council;
(b) in the case of a member who is the Editor, as long as he holds the appointment of Editor;
(c) in the case of any other member, for a period of three years from the date of his
appointment:
Provided that any member referred in paragraph (c) may by writing addressed to the Council resign
his office as such at any time.

of his
appointment:
Provided that any member referred in paragraph (c) may by writing addressed to the Council resign
his office as such at any time.

(4) A member vacating his office as a member of the Council shall be eligible for re-appointment. 5. Meetings of the Council
(1) The Council shall meet for the discharge of its functions at such times and places as the Chairman
may appoint but it shall meet at intervals of not more than three months. (2) The Chairman shall preside at all meetings of the Council, and in his absence, a member of the
Council appointed by the members present from among their number shall preside. (3) Decisions at meetings of the Council shall be taken by a simple majority of the members present
and voting and in the event of an equality of votes, the person presiding shall have a casting vote in
addition to his deliberative vote. (4) Any five members of the Council including the Chairman or the Editor shall constitute a quorum at
any meeting of the Council. (5) The Council may at any time co-opt any person to be an adviser at any meeting of the Council but
no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by
the Council.

viser at any meeting of the Council but
no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by
the Council.

(6) The validity of any proceedings of the Council shall not be affected by any vacancy among its
members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act, the Council shall regulate its own procedure. 6. Remuneration of Council members
The Council shall pay to members such remuneration fees or allowances for as it expenses may determine. [Act No. 10 of 1997, Sch.]
2

f Council members
The Council shall pay to members such remuneration fees or allowances for as it expenses may determine. [Act No. 10 of 1997, Sch.]
2

National Council for Law Reporting Act (Cap. 19A) Kenya
7. Appointment of the Editor
(1) There shall be an Editor of the Kenya Law Reports who shall be appointed by the Attorney-General
on the recommendation of the Council and upon such terms and conditions as may be determined
by the Council. (2) No person shall be qualified to be appointed as an Editor unless the person is qualified to be
appointed a judge of the High Court under the Constitution. 8. Functions of the Editor
(1) The Editor shall, subject to the general control of the Council on matters of policy, be responsible
for the preparation and publication of the Kenya Law Reports and for such other publications as
may be approved by the Council under section 3. (2) Where the Editor by reason of illness or absence from Kenya or for any reasonable cause is
incapable of performing his functions under this Act, the Council may authorize the most senior of
the Assistant Editors of the Council to perform the functions of the Editor for the duration of the
incapacity. 9.

il may authorize the most senior of
the Assistant Editors of the Council to perform the functions of the Editor for the duration of the
incapacity. 9.

Assistant Editors and Reporters
(1) The Council shall have such Assistant Editors and Reporters as it deems necessary to assist the
Editor in the discharge of the functions of the Council. (2) A person shall not be qualified for appointment as an Assistant Editor unless he is qualified to be
appointed as a principal magistrate under any written law for the time being in force relating to the
appointment of magistrates. (3) A person shall not be qualified for appointment as a Reporter unless he is qualified to be
appointed as a resident magistrate under any written law for the time being in force relating to the
appointment of magistrates. (4) The Assistant Editor and Reporters shall be appointed by the Council and upon such terms and
conditions as the Council may determine. 10. Secretary and other employees
(1) There shall be a Secretary to the Council who shall be appointed by the Council upon such terms
and conditions as the Council may determine. (2) The Council shall engage such other employees as may be necessary for the efficient discharge of its
functions, and such employees shall be appointed by the Council upon such terms and conditions as
the Council may determine. 11.

ient discharge of its
functions, and such employees shall be appointed by the Council upon such terms and conditions as
the Council may determine. 11.

Functions of the Secretary
(1) The Secretary shall, under the direction and supervision of the Editor, be responsible for the day-
to-day management and administration of the affairs of the Council. (2) The Secretary shall also act as secretary to the Council and shall, subject to the directions of the
Council, arrange the business for, and be responsible for the recording and keeping of minutes of
proceedings of all meetings of the Council. 12. Pensionable officers
(1) The office of Editor, Assistant Editor, Reporters and Secretary shall each be pensionable office in
terms of the Pensions Act (Cap. 189). 3

ficers
(1) The office of Editor, Assistant Editor, Reporters and Secretary shall each be pensionable office in
terms of the Pensions Act (Cap. 189). 3

National Council for Law Reporting Act (Cap. 19A) Kenya
(2) The Council may, in accordance with the Pensions Act (Cap. 189), grant pensions, gratuities or
other allowances to the officers referred to in subsection (1) or to such other employees of the
Council appointed under section 10 who are entitled to pensions in terms of the Pensions Act (Cap. 189). 13. Transfers or secondment of public officers
Public officers may be transferred or seconded to the Council or may otherwise be required to assist the
Council in the efficient discharge of its functions subject to the prior approval of the Council. 14. Funds of the Council
The Council shall be provided with such moneys as are appropriated for the purposes of the Council by the
National Assembly. 15. Annual estimates
(1) The Council shall cause to be prepared in accordance with section 11 of the State Corporations Act
(Cap. 446) estimates of the Council’s revenue and expenditure for each financial year. (2) The Council shall not, without the written authorization of the National Treasury, incur any
expenditure for which no provision has been made in the annual estimates approved under section
11 of the State Corporations Act (Cap.

sury, incur any
expenditure for which no provision has been made in the annual estimates approved under section
11 of the State Corporations Act (Cap.

446). 16. Bank accounts and investments
(1) All sums of money received on account of the Council shall be paid into such bank or banks as may
be approved by the Council for the credit of the Council’s general current and deposit account. (2) The Council may invest as it deems fit any sums of money not required for immediate use for the
purposes of the Council. 17. Accounts and audit
(1) The Council shall cause proper books of account and proper records thereof to be kept in relation
to the financial affairs and transactions of the Council and in such form as may be prescribed by the
Cabinet Secretary responsible for finance under section 14 of the State Corporations Act (Cap. 446). (2) The accounts of the Council shall be audited annually by the Auditor-General in accordance with
the Public Audit Act (Cap. 412B). 18. Annual reports
The Council shall not later than three months after the end of each year submit to the Attorney-General
a report on the activities of the Council during that year, and the Attorney-General shall as soon as
practicable after receiving the report cause it to be laid before the National Assembly. 19. Judges to supply judgments, etc.

General shall as soon as
practicable after receiving the report cause it to be laid before the National Assembly. 19. Judges to supply judgments, etc.

to the Editor
Every judge of the superior court of record shall as soon as practicable after delivering a judgment, ruling
or an opinion cause to be furnished to the Editor a certified true copy of the judgment, ruling or opinion
delivered by him. 20. Returns to be made by registrars of superior court
The registrar of the High Court or the registrar of the Court of Appeal shall at the end of each month
furnish the Editor with a list of all judgments, rulings or opinions delivered by the High Court or the Court
of Appeal as the case may be. 4

National Council for Law Reporting Act (Cap. 19A) Kenya
21. Kenya Law Reports to be official reports
The Kenya Law Reports shall be the official law reports of Kenya which may be cited in proceedings in all
the courts of Kenya.
22. Rules
The Council may with the approval of the Attorney-General make rules generally for the effective carrying
out of the purposes of this Act.
5