KAM: the Commercial Law Benchbook
By John Kabaa
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About this ebook
We all believe that the courts must be open, impartial, efficient and effective to secure rights, reduce uncertainty and promote a conducive atmosphere for investment. Well-designed laws and regulations cannot, on their own, ensure business rights are actualized, without an institution that will, through dependable interpretation, enforce those rights and settle disputes. Access to justice is a basic principle of the rule of law and is a basic human right. It is also closely linked to poverty reduction, since being poor and marginalized means being deprived of choices, opportunities, access to basic resources and a voice in decision-making. Lack of access to justice limits the effectiveness of poverty reduction and democratic governance programmes by limiting participation, transparency and accountability.
Over the recent past, topics that have featured prominently in the Kenya Magistrates' and Judges' Association (KMJA) and KAM sponsored annual conferences have generally been about challenges in trial processes including the impact of limited public knowledge of court processes, corruption, illicit trade, customs, taxation and tariffs, intellectual property and standards.
Impact assessment/evaluation is done after a policy change to determine its impact or lack thereof. The report shows how the Business Advocacy Fund made a point of attempting to assess the impact made by KAM. This report determines whether there was any impact after the commercial law benchbook was designed. Not reform to regulation per se, but an effective means of ensuring that judges are all aware of the law relating to commerce so that they can apply more consistently.
Read more from John Kabaa
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Book preview
KAM - John Kabaa
Also by JOHN KABAA KAMAU
2nd Version
Ground State Structural Searches for Boron Atomic Clusters Using Density Functional Theory Ver 2
Standalone
Impact Assessment AAK: Taxes and the Local Manufacture of Pesticides
Impact Assessment by KVA after creating a Veterinary Medicines Directorate
Impact Assessment for the Reform of the Seed & Plant Varieties Act by STAK
Impact Assessment EAGC: The Warehouse Receipts System
KUSCCO: Co-operative policy & legislation
KAM: the Commercial Law Benchbook
KNCCI Vihiga: enabling county revenue raising legislation
RETRAK and the Ministry of Trade Advocacy Partnership
AFIPEK and the State Department of Fisheries: Developing Fisheries Regulations
KCM: Mining & regulatory reform
Nairobi County Trade and Markets Policy plus the Trade, Markets and Infrastructure Bill
Smart Water and Energy Unit
Impact Assessment KAM: Anti Counterfeit Implementation
Impact Assessment KARA: Nairobi City County Solid Waste Management Act
Impact Assessment KARA: Nairobi City County Non-Motorized Transport Policy
Operational Risk & Control (ORC) Best Practice Framework
Watch for more at JOHN KABAA KAMAU’s site.
Contents
1. Background
2. The problem
3. Outcome
4. Impact
5. Lessons
Impact assessment
KAM: The impact of introducing of the commercial law benchbook
1. Background
The