Legislative Drafting LAWYERs in Kenya
WTT Lichuma Advocates LLP are involved in the the development and drafting of a significant number of legislation in Kenya by offering legal advice and support to the policy-making institutions, government departments, legislators, regulatory authorities, and other stakeholders to draft legislation in the public finance, energy, public and administrative law, procurement, health and infrastructure sectors.We assist our clients in promoting policy change, contributing to the drafting of legislation, and managing regulatory risks that could affect their business. The department is tasked with carrying out gap analyses to determine legal lacunae with a view to improving existing legislation.
We regularly assist our clients in analyzing proposed legislation to keep them informed of the potential changes as well as how they may impact their operations.Our support to clients includes the conduct of unique and quality research and analyses locally, while incorporating international best practices for each specific sector thereby ensuring that our drafting and review of the current or proposed policies and legislation can withstand public scrutiny.We are regularly consulted by government entities, both at the national and county levels, in respect of the drafting of new laws or subsidiary legislation. Further, we have advised various interest groups on certain (proposed) legislation.
Scope of Our Legislative Research and Drafting Services
The scope of our proposed legislative research and drafting services, include the following:
- Consultation and the giving of legal opinion on the legal environment affecting your proposed legislative instrument.
- Conduct of legal analysis, research and legal investigation by way of perusal, probe and review of appropriate sources of law, on your behalf, on an issue of legislative interest. The coverage of the research may include one main subject matter and its related or incidental topics, exceptions and qualifications; as well as multiple questions on unrelated subject matters or ones bearing only tenuous connection or relation with one another. Our Law Firm gives the client wide leeway on questions and is inclined to resolve all doubt in the treatment of related subject matters in you favor.
- Designing, drafting, composition, reviewing, scrutinizing and vetting of your proposal Bill or legislative instrument.
- Production of clean copies of the draft legislative instrument.
Key Aspect To Our Approach and Strategy
- To make clear to you or the authority sponsoring the Bill, the kind of drafting instructions, that is most helpful to us.
- To consult with your office at an early stage after receipt of the preliminary drafting instructions. This is with a view to making a precise outline of the objectives and principles to be contained in the legislation as well as a statement of the principal means of attaining the objectives and principles.
- To carefully analyse the legislative proposal in relation to existing law, potential danger areas and practicability. In doing this, we will look at existing laws to see what the structure is within the given jurisdiction.
- To design and plan the composition of the draft instrument so as to shape the broad content of the intended enactment. In so doing, we will design the structure of the draft statute, like the substantive provisions and the administrative provisions of the Bill.
- To scrutinize the draft bill or subsidiary legislation, by checking and re-checking for any errors or omissions, especially of substance and against the general intendments of the statute.
- To establish clear and simple communication procedures, in order to expedite the decision making process, commensurate with appropriate reporting lines.
LEGAL DRAFTING: CONTRACTS,POLICIES AND AGREEMENTS
Whatever the commercial documentation, agreement or contract your business needs, our lawyers ensure certainty that our advice is always precise, resilient, and affordable and the legal documentation will assist in protecting you and your business.
All businesses require documentation of some form – from basic terms and conditions of trade to highly complex commercial agreements.
WTT Lichuma Advocates LLP has a wealth of experience and expertise in drafting commercial documentation of all kinds.
With over 15 years in the industry, we understand that a well-drafted agreement can add significant value to your business whereas poorly drafted agreements can negatively impact your business.
Terms and Conditions (T&Cs) – Arguably the most important document your business needs. WTT Lichuma Advocates LLP provides professionally drafted terms and conditions designed to meet your needs and ensure that both parties in any transaction are fully aware of their rights and obligations thus helping to ensure a smooth and efficient transaction.
Our business drafting lawyers can assist with:
- Services Terms and Conditions
- Goods and Services Terms and Conditions
- Terms and Conditions Sale of Goods
- Short Form Single A4 Page Terms and Conditions
- Professional and Trade Terms and Conditions
- Hire and Rental Terms and Conditions
We can assist, negotiate and draft agreement terms with the co-founders, investors, employees, suppliers and customers.
We can assist whether you are a new start-up or an established business. We work for you to design ‘best practice’ doctrines ensuring and securing a smooth running and efficient workplace.
WTT Lichuma Advocates provides sensible commercial legal advice and drafts the agreements you need in place to reduce areas of dispute or at least provide a mechanism for the parties to resolve a dispute. We can help you grow and evolve safely in the knowledge that you, your business, and your brand are protected and stand on strong legal ground to move forward.
Our Approach To Legislative Drafting
Our approach on any legislative research and drafting service engagement is to establish a close and efficient working relation with you at all times. We will strive to be reliable in terms of our legal service commitments and to be accessible to you. As a corporate, commercial and transactional law firm, we focus strongly on the needs of our clients and in this case we acknowledge the need to adopt an excellent and innovative legislative drafting model. Our team will combine exceptional legal expertise with deep legal knowledge, innovation and creative thinking, to help you achieve your legislative goals.
To ensure that your expectations are met, frequent updates will be provided along with promptly returned phone calls and emails. We assure you of a personal one-on-one working relationship that is both attentive and client-centered and an individualized personal attention with a view to ensuring that you receive the detailed care and consideration you need to pursue the legislative process.
Why WTT Lichuma Advocates As Your Legislative DRAFTING LAWYER?
- Extensive experience and experience in legislative drafting.
- Personalized approach
- Proven track record
- Comprehensive legal services
- Responsive and transparent communication
- Local knowledge and jurisdiction expertise
- Cost-effective solutions
Legislative Drafting FAQ’S Answered
Legislative drafting is the process of writing and preparing legislation (laws, statutes, regulations) in a clear, precise, and legally effective manner. It involves creating the text of laws that will govern the behavior of individuals and organizations within a jurisdiction.
In Kenya, legislative drafting is primarily the responsibility of the Attorney General’s office and the Kenya Law Reform Commission. These bodies work in conjunction with Parliament, government ministries, and other stakeholders to draft, review, and refine proposed legislation.
Key principles include:
- Clarity and Precision: Legislation must be clear and unambiguous.
- Consistency: Terms and provisions should be consistent within the document and with existing laws.
- Conformity with the Constitution: Legislation must align with the Kenyan Constitution.
- Public Participation: Engaging stakeholders and the public in the drafting process to ensure the law addresses relevant concerns.
- Accessibility: Laws should be written in a manner that is understandable to those who are affected by them.
The process typically involves:
- Policy Development: Identifying the need for legislation and developing a policy framework.
- Drafting Instructions: Providing clear instructions to the drafters outlining the objectives and desired outcomes.
- Drafting the Bill: Legal experts draft the proposed legislation.
- Consultation: Engaging with stakeholders, including the public, to review and provide feedback on the draft.
- Revision: Incorporating feedback and refining the draft.
- Approval: The draft bill is submitted to the Cabinet and Parliament for approval.
- Enactment: Once approved by Parliament and assented to by the President, the bill becomes law.
Public participation is a constitutional requirement in Kenya and plays a critical role in legislative drafting. It ensures that the views and concerns of citizens are considered, making the legislation more comprehensive and acceptable to the public. This process typically involves public consultations, stakeholder meetings, and inviting written submissions from interested parties. Engaging the public helps in identifying potential issues, improving transparency, and enhancing the legitimacy of the law-making process.