STANDARDS, POLICIES & PROCEDURES

 Classification: National,, Intl, personal , Private or public

 Judicial enforcement: JD ensure compliance w standards by penalizing those who fail to
comply.R V KEBS EX PARTE PETER MBWIRI.
 Prescription: Parliament ensures legislation has been put in place to guide standards. Art
94 CoK.
 Categories: Defitnition of terminology, dimensional, performance, standard method,
codes of practice, measurement standards.
 Objectives: Provides:Guides towards mission, implementation of trategies, controlling
mechanisms of the org behavior and employee conduct, defines roles and rules, explains
consequences of actions.
 Formulation: Problem identified, set agenda, conduct research, draft policy paper,
present policy paper to m/ment, adopt policy paper by management, communicate policy,
sensitization, implementation, monitoring, evaluating, reporting and learning.

All firms groupwork

1. How ICT can impact a modern legal practice

Enhanced Efficiency: The use of ICT tools such as case management systems, legal
research databases, and document management software can help lawyers and legal
professionals in Kenya to streamline their workflow, improve case management, and
reduce the time and costs associated with legal practice.

Improved Access to Information: ICT has made it easier for legal practitioners in
Kenya to access legal information, research and analysis, and legal precedents. With
the internet and online databases, lawyers can quickly find legal resources and
research, which helps them to provide better services to their clients.

Increased Collaboration: ICT tools such as video conferencing, online collaboration

platforms, and cloud-based solutions enable legal practitioners in Kenya to work
 together effectively, regardless of their physical location. This enhances
communication and collaboration between lawyers, clients, and other stakeholders.

Improved Security and Confidentiality: ICT can help to protect sensitive legal
information and maintain client confidentiality through the use of secure document
management systems, email encryption, and other security measures.

Remote Work: The Covid-19 pandemic has shown that legal practitioners in Kenya
can work remotely using ICT tools. This has enabled lawyers to continue providing
legal services while adhering to social distancing guidelines.

2. Discuss the pitfalls that might be experienced due to automation and the potential
solutions that can be used to address these pitfalls

3. Discuss the effect of cybercrime to a modern legal practice.

12th April
2023

Legal & Institutional framework governing ICT in Kenya

 Art 33 COK – Freedom of expression

 Art 34 COK – freedom of electronic print
 Art 35 COK – Right to access information
 Section 20 Access to Information Act
 KICA
 Penal Code – 267 (information is capable of being stolen) – 268 (definition of stealing)–
265 (punishment for theft)
 National ICT policy – access efficient and reliable ICT services at a reasonable cost
 National Cybersecurity Strategy 2014 – enhance nations cybersecurity posture – build
national capability – foster information sharing
 Intl instruments: UDHR 1948 Art 12 (privacy) – ACHPR – UNDP – ICCPR Art 17
 Law firms have had to adapt to ICT: Publication – storage – advice on ICT matters
 Why automate: incident m/ment – application deployment – deploy apps w confidence –
security & compliance
 Advantages of automation: Cost reduction – competitive advantage – speed – accuracy –
boosts corporate governance i.e easy to comply w regulations since its consistent/constant
– reduced costs – increased productivity – increased availability – greater reliability –
better performance
 Disadvantages of automation:
 ICT application on legal profession:
 Electronic document management systems – store data in the cloud – Considerations:
compatibility, user-friendly – flexible pricing – cloud document management/server –
integration without any development – customizable – ease of use – accepts digital
signatures – security levels – supports mobile apps
 Cybercrime & effects on modern legal practice:

19th April 2023

Records

 S74 EA - keeping of employment records.

 OSHA

3rd May 2023

SEXUAL HARASSMENT AND DISCRIMINATION

 Quid pro quo sexual harassment P.O v Board of Trustees, A F & 2 others 2014 – S6 E.A
 Hostile working environment: severe – substantial interference -reasonable woman test
 Same-sex sexual harassment:
 Behavior that qualifies as sexual harassment: physical – verbal – non-verbal
 Causes: socialization – power games – moral values – victim blaming – aggressiveness –
lack of company policy.
  Effects of sexual harassment: low self-esteem – financial problems – decline in
productivity – emotional, physical, professional, financial issues – tarnished reputations –
lawsuits
 Discrimination in the workplace: distinction, exclusion or preference which has the effect
of nullifying or impairing equality of opportunity or treatment in employment – S3
National Cohesion & integration act on ethnic discrimination
 Types: Direct & Indirect discrimination – Indirect is when a specific
practice/criteria/norm disadvantages a specific class of individuals.
 Positive & Negative discrimination: +ve discrimination (Art 27.8 CoK) is treatment of a
specific class of people more favorably than others/affirmative action eg. 30% gender
rule.

9th May 2023

Term 1: Office Practice

Term 2: HRM

Types of resources: humans, finance, machines and materials.

Criteria for human resources: 1. Behavioural competencies – 2. Technical competencies
– 3. Supervisory competencies (managerial) - optimal number of staff, relevant
competencies, correctly deployed, motivation, staff capacity continuously improved,
performance correctly managed.
Functions of HRM: Managerial (planning, organizing, directing, controlling) & Operative
(procurement, development, compensation, maintenance).
Strategic HRM: accepting and involving HR as a strategic partner in he formulation and
implementation of the company’s strategies.
Human resource planning: forecasting, inventory, anticipating, planning.

10th May 2023

L2. JOB ANALYSIS AND DESIGN

 Methods of job analysis: observation questionnaire, interview, checklists, diaries of
records, critical incidents.
 Job description & job specification
 Job design is the process of determining how specific tasks are combined to form
complete jobs.
