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UNIVERSITY OF NAIROBI LAW

JOURNAL (UNLJ)

RULES AND REGULATIONS

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Table of Contents

PREAMBLE……......................................................................................................................2

SECTION 1 - Values & Principles………………………………..…………………………3

SECTION 2 - Editorial Board meetings, events & activities....……………………………4

SECTION 3 - Behaviour & Conduct.…….……………………………………….…………6

SECTION 4 - Personal Integrity………………………………………………….…………7

SECTION 5 – Confidentiality……..……………………………………………………....…8

SECTION 6 - Work Performance…………………………………………….….……….....9

SECTION 7 - Amendment of Rules & Regulations………………………………….……11

SECTION 8 - Dismissal of Members…………………………………………………….…13

SECTION 9 - Resignation from the Editorial Board……………………………………..15

SECTION 10 - Dispute Resolution……………………………………….………………...17

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PREAMBLE
The University of Nairobi Law Journal sets out rules and regulations that guide the
conduct of its officials and members, in a bid to protect and promote the interests
and objectives of the Journal.

All members of the University of Nairobi Law Journal shall agree to abide by
journal rules and regulations as set forth in this code or as otherwise promulgated
in the University of Nairobi Law Journal Constitution.

The rights and obligations under this code will inure to the benefit and be binding
upon the parties, their successors, heirs, assigns and personal representatives.

The officials of the Editorial Board, Associate Editors, Law Review Editors and
the Dispute Resolution Committee, shall hereinafter be referred to as “members”.

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Section 1
Values & Principles

All members shall uphold estimable credos, which shall include, and not limited to
the following:

1) Integrity and Honesty

2) Sound resource management

3) Commitment & Hard work


4) Ethical conduct & Discipline

5) Competence & Accountability


6) Efficiency, Effectiveness & responsiveness

7) Independence and impartiality

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Section 2
Editorial Board Meetings, events & activities.
1) All individual or departmental absenteeism from the Editorial Board
meetings or Editorial Board events/activities, are subject to prior
authorization.

2) If, for any reason, a member cannot attend to the aforementioned


involvements, a word should be sent to the Editor-in-Chief or the
Managing Editor (in the absence of the Editor-in-Chief) as soon
possible.

3) This should be done to the official journal contacts, by official


telephone call, electronic mail or text message, informing him/her of
the reason for absence and indicating, if possible, how soon you can
resume duty from the absenteeism period.

4) Such notification does not mean automatic approval of the


absenteeism. Secure formal approval for absenteeism from the
aforementioned parties.

5) As a member, you shall not:

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a) absent yourself without authorization.
b) fail to notify the relevant parties in case of absence due to sickness or
emergency;
c) fail to secure prior formal authorization for absenteeism;
d) abscond Editorial Board meetings/events/activities despite failure to secure
valid authorization;
e) feign circumstances and incidences for purposes of obtaining authorization
for absenteeism.

6) Unauthorized leaves are considered unexcused absences. Any of the


following instances is considered sufficient ground for dismissal:

a) Unexcused absences on six (6) meeting/event/activity days within any six-


month period;
b) Failure to attend meetings/events/activities without any justifiable reason,
or without authorization, for at least three (3) consecutive times that such
journal involvements occur (tantamount to abandonment of work).

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Section 3

Behaviour and Conduct


1) In the performance of duties and in working relations with others,
members are expected to observe the basic rules of courtesy and good
behaviour and give due regard to the well-being of others regardless
of position and rank.

2) A member shall not engage in any form of disorderly conduct such


as the following:
a) discourtesy, or rudeness in language or behaviour;
b) use of profane or obscene language;
c) get involved in immoral or illicit activities which violate common
decency or morality;
d) conducting themselves on and off duty in a manner that will embarrass
or discredit the Journal.
e) any other behaviour/conduct that may prove detrimental to the journal.

3) Breach of the prescribed behaviour, as spelt out in this section, by any


member is considered sufficient ground for dismissal

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Section 4

Personal Integrity
1) Members shall observe high ethical standards and act in good faith in their
dealings with the UNLJ and with other relevant parties.

2) Members are prohibited from:

a) using the journal’s materials or equipment to do unauthorized work;


b) falsifying reports, official records or documents of the University of
Nairobi Law Journal;
c) accepting coercion, undue influence or anything of significant value to
influence performance of their duties in the Editorial Board;
d) using position or rank to access UNLJ records and other data, to fulfil
personal interests;
e) forms of gossip that tarnish the name of the journal or its members;
f) any act that exhibits betrayal of the journal’s trust and confidence.

3) Breach of personal integrity, as spelt out in this section, by any member is


considered sufficient ground for dismissal.

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Section 5
Confidentiality

1) If you are in custody of confidential records, safeguard any


information in such records as well as those conveyed to you in
confidence.

2) Any member in custody of confidential information or resource


should not divulge, or provide access to, confidential information to
unauthorized persons;

3) No member is to obtain unauthorized access to confidential


information.

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Section 6

Work Performance

1) Members are mandated to know the duties of positions held, make


productive use of time and resources and maintain services at an
acceptable level of competence.

2) Members shall avoid:

a) unsatisfactory work performance for no valid reason, in any particular


assignment or duty;
b) repeated mistakes due to carelessness, negligence or inattentiveness to
the assigned work;
c) unexplained failure to perform regular duties or special assignments
within the time such duties or assignments should have been normally
accomplished;
d) restricting output, slowing down, or encouraging others to do so;
e) failure or refusal to perform assignment or duties without valid reason
when needed

3) Any of the following instances is considered sufficient ground for


dismissal:

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a) deliberate insubordination, or intentional failure or refusal to carry out
reasonable orders, instructions or directives of superiors;
b) gross or habitual negligence of duties.

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Section 7
Amendment of Rules & Regulations

1) The Editorial Board reserves the right to change these rules and
regulations and to issue new ones at any time at its discretion.

2) This shall be done following consultation among members of the


Editorial Board concerning any disagreement to a clause, dispute,
controversy or claim arising out of or relating to this code or the
interpretation of this code or any arrangements relating to this code or
contemplated in this code or the breach, termination or invalidity thereof.

3) Amendment of any section of the UNLJ Code shall only be done with
the express approval in writing of all the members. This shall be done
following submission of a request to do so, by any member in an Editorial
Board meeting.

4) Before any motion amending this code is discussed, all the members of
the UNLJ Editorial Board in session MUST be notified in writing within
seven days towards the day of the meeting.

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5) In case any member(s) is/are in doubt as to the interpretation of any
provision of this code such a matter shall be referred to the Editorial
Board meeting for interpretation. Where the Editorial Board meeting is
not clear, the matter may be referred to the Consulting Editors for
interpretation.

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Section 8
Dismissal of Members

1) Members shall not be released, discharged or disciplined without sufficiency


of cause.

2) For purposes of this section, “cause” shall mean:

a) A member’s wilful and continued failure to substantially perform his/her duties


as a member (other than any such failure resulting from their incapacity due to
authorized circumstances), after a notice for substantial performance is
delivered to him/her by the Editorial Board, which demand specifically
identifies the manner in which the Editorial Board believes that they have not
substantially performed their duties;

b) A member’s wilful commission of an act of moral decadence, dishonesty or


any other act that may result to injury to the journal’s goals and agendas;

c) A member’s wilful and continued breach of the journal’s behavioural and


disciplinary code of conduct after a notice for breach is delivered to you by the
Editorial Board, which demand specifically identifies the manner in which the
Editorial Board believes that you have contravened behavioural & disciplinary
principles.

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d) An act or omission performed by a member in bad faith or without reasonable
belief that the action or omission was in the best interests of the journal.

3) Cause for dismissal of a member must be formally submitted or addressed


to the Editor-in-Chief in writing, before subsequent investigation by the
disciplinary committee.

4) The Dispute Resolution Committee will seek to initiate and conclude the
disciplinary investigative process as expeditiously as possible under the
given circumstances.

5) Upon request from the Editorial Board with regard to a specific disciplinary
investigation, the Dispute Resolution Committee will provide an update of
the status of the investigation. Investigations shall take at most seven days,
after which the Dispute Resolution Committee shall table a report in an
Editorial Board Meeting.

6) Upon fulfilment of sufficiency in the grounds of dismissal, a vote to dismiss


a member shall be carried out by members in a joint sitting, and shall pass if
majority of the members vote for it.

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Section 9
Resignation from the Editorial Board
1) Resignation from the Editorial board shall be preceded by a letter
addressed to the Editor-in-Chief, two weeks prior to effectuating the
resignation of a member.

2) The Editor-in-Chief in a joint meeting shall announce the vacant


editorial Board position.

3) Member who wishes to fill the vacant position shall declare interest.
A sitting member, due to their experience as a journal member, shall
fill seat left vacant by a resigning member.

4) A vote shall be carried out in an Editorial Board meeting and must


meet majority vote, for it to effect, i.e. the position to be assumed by
the member.

5) Seat left vacant in the Editorial Board shall be announced via memo
to call in applicants.

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6) Admission of new members shall be done in such a manner as may be
prescribed by the UNLJ Constitution, and with regard to qualities and
guidelines elucidated in the constitution.

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Section 10

Dispute Resolution
1) Any claim or controversy that arises out of or relates to this code, or
the breach thereof, will be settled by arbitration by the Dispute
Resolution Committee in accordance with the prevailing rules of the
Arbitration Act Cap 49.

2) Disagreements and disputes that may arise in the normal course of


business in the journal shall also be referred to the Dispute Resolution
Committee for final and binding arbitration administered by the
Dispute Resolution Committee in accordance with the existing
Arbitration Act Cap 49.

3) These disputes may include and are not limited to:

a) Disputes involving discharge of duties.


b) Disputes involving discipline of members.

4) The following procedure is to be adhered to in resolution of disputes:

a) Upon submission of a dispute to the Dispute Resolution Committee for


resolution, the committee shall issue a seven-day period for the subject
parties to reach mutual agreement amicably.

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b) Should the parties fail to reach mutual agreement within seven days, the
matter is to be submitted to arbitration by the Dispute Resolution
Committee.
c) All proceedings under this Section shall be started and carried to
conclusion as expeditiously as possible.

5) The Dispute Resolution Committee shall apply the relevant


provisions and principles of the University of Nairobi Law Journal
Constitution, as well as the Constitution of Kenya.

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