LAWAFRICA PUBLISHING CATALOGUE 2012 Catalogue 2012.pdf · 1 East Africa General Reports (Elections...

LAWAFRICA PUBLISHINGCATALOGUE

2012

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TABLE OF CONTENTSMain Works ..................................................................................................................................... iv

LawReports...................................................................................................................................... iv

Legislation ......................................................................................................................................... 4

Commentaries ................................................................................................................................ 5

Administrative Law ............................................................................................................................ 5

Arbitration ........................................................................................................................................ 6

BankingandFinance ......................................................................................................................... 6

Civil Law and Procedure .................................................................................................................. 7

Commercial ...................................................................................................................................... 10

Constitutional Law and Administrative Law ....................................................................................... 10

Conveyancing .................................................................................................................................... 12

Criminal ............................................................................................................................................ 12

Ethics ................................................................................................................................................ 16

EquityandTrusts ............................................................................................................................... 17

Evidence ........................................................................................................................................... 17

FamilyLawandSuccession ................................................................................................................ 17

Gender .............................................................................................................................................. 19

General ............................................................................................................................................. 19

Human Rights .................................................................................................................................. 20

ICT ................................................................................................................................................... 20

JurisprudenceandLegalTheory ......................................................................................................... 21

LegalEducation/Skills ....................................................................................................................... 21

TaxLaw ............................................................................................................................................ 23

Upcoming Commentaries ............................................................................................................ 24

Journals............................................................................................................................................ 25

Online Resource ............................................................................................................................. 29

Distributors List ............................................................................................................................. 30

IV

LAW REPORTSISSN: 2079-1739

Format: Hard Cover

East Africa Protectorate Law Reports is a series of law reports covering the protectorates of Kenya, Uganda and Tanzania from the year 1909 to 1933. They consist of cases determined by the High Court of Mombasa, the Appeal Court at Zanzibar, and by the Judicial Committee of the Privy Council, on appeal from that Court. They also contain appendices containing notes on native customs, Appeal Court rules, legal practitioners’ rules, High Court rules and circulars.

East Africa Protectorate Law Reports (1909 - 1933)

East Africa Court of Appeal Reports (1934 - 1956)

ISSN: 20779763

Format: Hard Cover

The East Africa Court of Appeal Reports contain full text of the latest cases determined from Kenya, Uganda and Tanzania. The decisions are mainly from the Court of Appeal for Eastern Africa and the Judicial Committee of the Privy Council on Appeal from that Court. They cover the period between 1934 to 1956.

Practical Features ■ Table of cases makes it easier to find information quickly and easily ■ Index include: index of Civil Appeal, Index of Criminal Appeal ■ Summarised and edited by leading East African Lawyers ■ Functional subject and case index

ISSN: 1684-4874Format: Hard Cover

The East Africa Law Reports contain full text of the latest and most important decisions from Kenya, Uganda and Tanzania and landmark decisions from the COMESA Court of Justice (Lusaka, Zambia). The Reports cover the period between 1957-2010. They cover a wide array of subject areas among them; Banking, Intellectual property, Taxation, Family law, Customary law, Shipping law, Criminal law, Constitutional law, Property law, Administrative law, Judicial Review, Election law, Practice and Procedure. Two volumes are produced annually and the current set has 48 volumes plus index.

Key benefits: ■ Information is updated regularly – bi-anually. ■ Summarised and edited by leading East African lawyers. ■ All Law Reports are indexed and formatted to International standards. ■ Indexes include: Cases Reported, Subject Index, Cases referred to, Statutes referred to

and Words and Phrases.

East Africa Law Reports (1957-2010 + Consolidated Indexes)

1

East Africa General Reports (Elections 1993 - 2009)

ISSN: 9966723781

Format: Hard CoverThe East Africa General Reports (Elections) contains cases that are mostly election petitions. They are cases fi led by a registered voter or candidate challenging the election of a President or Memberof Parliament. In this respect the edition of East Africa General Reports is the most comprehensive publication to date in terms of the number of election petitions it covers. These run from 1993-2009. The Editor is a former Chairman of the Kenya Electoral Commission.

Practical Features ■ Full text of each case ■ A comprehensive summary of each case ■ A user-friendly index ■ Judgements are arranged in alphabetical order

ISSN: 0585-8631

Format: Hard Cover

Sudan Law Journal and Reports cover the periods between 1956 to 1969 and contain decisions from The Republic of South Sudan High Courts and cover all areas of Law such as Land, Family and Customary Law.

Sudan Law Journal and Reports

South Sudan Law Society Reports (2004 Vol.1)

ISSN: 2078-4961

Format: Hard Cover

The Southern Sudan Law Reports are the fi rst ever Law Reports undertaken by the South Sudan Law Society in the SPLM/A controlled and administered areas of the New Sudan. This Report contains cases taken from the Court of Appeal, High Court (Northern Bahr El Ghazal),High Court 2 (Rumbek) and High Court 3 (Yei). The New Sudan Law Reports program is an attempt and contribution by the South Sudan Law Society to assist Judges, Lawyers, Legal Researchers, Members of the Law enforcement agencies and students fi nd the law.

Key Benefits ■ First one of the kind undertaken by the South Sudan Law Society in the SPLM/A

controlled area. ■ Table of cases makes it easier to locate the different cases.

2

Main Works

ISSN: 1028-9186

Format: Hard Cover

Tanzania Law Reports cover cases ranging from 1980 to 2006. The decisions are from the Court of Appeal of Tanzania and in the High Court of Tanzania and the High Court of Zanzibar.

Practical Features ■ Cases are listed alphabetically making finding information effortless. ■ Digest of cases enable you to gain an understanding of the presented report easily.

Tanzania Law Reports (1980 - 2006)

Uganda Law Society Reports (2005 Vol I & II)

ISSN: 2078-4945

Format: Hard Cover

Uganda Law Society Reports 2005 V1 and V2 contains a digest of case rulings dealing with Criminal, Civil and Commercial Law from the High Court, Court of Appeal, Supreme Courts, Chief Magistrate Courts, Appeallate Courts and Constitutional Courts of Uganda.

Key Benefits ■ Set of 2 hard bound volumes produced to high quality standards. ■ Provides quick access to legal decisions in Uganda. ■ Provides comprehensive coverage of leading legal decisions . ■ A user friendly index

ISSN: 2220-5101

Format: Hard Cover

Uganda Law Reports series contain cases from 1952 to 1957 (1 Volume), 2007 Vol. 1 & 2 and 2008. This is a set of decisions from the High Court of Uganda, Court of Appeal for Eastern Africa, Supreme Courts, Chief Magistrates Courts and Constitutional Courts of Uganda. These are produced in association with Law Development Centre (LDC).

Practical Features ■ List of cases makes finding of information effortless ■ Subject and case index allows you to find information quickly and easily ■ Provides quick access to legal decisions in Uganda

Uganda Law Reports

3

Main Works

Zanzibar Protectorate Law Reports (1868 - 1956)

ISSN: 1816-3394

Format: Hard Cover

Zanzibar Protectorate Law Reports is a collaborative effort between LawAfrica and the Revolutionary Government of Zanzibar. They contain all relevant cases decided in Zanzibar from 1868-1956. They cover decisions from the British Consular Court, His Britannic Majesty’s Court, the Supreme Court of His Highness the Sultan, the Courts Subordinate thereto, Appeal from the British Court to the High Court of Judicature Bombay, and to the Court of Appeal for Eastern Africa, Zanzibar Orders-in-Council from 1884-1917.

Key benefits: ■ Set of 3 volumes produced to high quality standards. ■ Provides quick access to legal decisions in Zanzibar. ■ Provides comprehensive coverage of leading legal decisions.

ISSN: 2220-5101

Format: Hard Cover

Uganda Protectorate Law Reports is a series of law reports covering the protectorate of Uganda from the year 1920 to 1951. They consist of cases determined by the High Court of Uganda, and the Court of Appeal for Eastern Africa.

Uganda Protectorate Law Reports (1920 - 1951)

4

Main Works

LEGISLATIONLaws of Kenya (Updated 2011) ISSN: 9966153289

Format: Loose - LeafLaws of Kenya is a 16-volume compilation of all the Laws currently in force in Kenya arranged in alphabetical order. This includes all relevant Chapters (CAP) and Yearly Acts as well as key subsidiary legislation under each Law. The laws are in loose-leaf format to allow for easier updating. The compilation has a table of all Laws considered showing the action taken on each of them.

Key benefits: ■ Information is updated annually by means of accurate and easy-to-file service issues. ■ Legislation is published in 15 separate binders. ■ Spine cards on the exterior of each binder denote the content of each binder.

Practical features: ■ Updating by means of service issues ensures that the work is always kept up-to-date. ■ Loose-leaf format allows you to easily remove individual parts of the legislation from the binder

should you require. ■ Comprehensive and convenient to use due to the consolidation of the Acts into alphabetical order.

* Subscription service available to receive regular updates.

ISSN: 0856-0331XFormat: Hard Cover

Key benefits: ■ Compact in easy to carry park of 2 volumes ■ Hard bound in durable material for long lasting usage

Contents include: ■ Anti-Money Laundering Act ■ Evidence Act ■ Interpretation of Laws Act ■ Law of Limitation ■ Magistrates Court Act ■ Prevention and Combating of Corruption Act ■ Proceeds of Crime Act

Tanzania Criminal Statutes

Laws of Tanzania (Legislation) ISSN: 2078-6298 Format: Loose - Leaf

Laws of Tanzania (Legislation) is an 11-volume compilation of all the Laws currently in force in Tanzania. This includes all relevant Chapters (CAP) under each Law. The laws are in loose-leaf format to allow for easier updating. The compilation has a table of all Laws considered showing the action taken on each of them.

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COMMENTARIES

ADMINISTRATIVE LAW

ISBN: 9966031167

Author: Frank Mirindo

Through its 19 wide-ranging chapters, this indispensable new publication, Administration of Justice in Mainland Tanzania, furnishes members of the Bar and the Bench, academics and students with a comprehensive account and analysis of the nature, structure and practice of the courts of Mainland Tanzania in a readily accessible style.

Administration of Justice in Mainland Tanzania is designed to serve as a hands-on guide for legal practitioners in many areas of court practice and procedure – both civil and criminal – and also as an indispensable text for students pursuing courses in Civil Procedure, Criminal Procedure and the Law of Evidence.

Administration of Justice in Mainland Tanzania

Commentaries on Law, Politics and Governance

ISBN:9966744827

Author: Hon Justice (Rtd.) Prof. George. W. Kanyeihamba

Commentaries on Law, Politics and Governance is a book which analyses clearly Justice Kanyeihamba’s unique experience in the public realm, his scholarship as well as a deep belief in justice, Democracy and Human Rights has motived him to actively lecture and publish on several topics in the constitutional and Legal domain.

ISBN: 9966723757

Author: Musa Ssekaana

Public Law in East Africa depicts the various ways in which the East African Courts seek to protectcitizenry against the abuse of State power and exercise of discretion by public authorities through the powerful tool of judicial review.

Public Law in East Africa

6

Commentaries

ARBITRATION

Arbitration Law in Kenya ISBN: 9966031143

Editor: Hon. Githu Muigai, Attorney General - Kenya

Arbitration Law and Practice in Kenya is a practical reference text for one of the fastest growing areas of legal practice today. The text covers the arbitration process from the arbitration agreement to commencement of proceedings and to the delivery of the Award in the Kenyan context. All topics are covered against the provisions of the Arbitration Act, 1995, the Civil Procedure Act, the UNICTRAL Model Law, relevant international conventions and relevant case law, local, regional and international. The book will prove useful for students, practitioners and arbitrators.

Contributors Include: Githu Muigai, Jacqueline Kamau, Kyalo Mbobu, Mohammed Nyaoga, Steven Gatembu, Geoffrey Imende, WanjirŨ Ngige, Njoroge Regeru, J. B. Havelock, Attiya Warris and Muthomi Thiankolu.

BANKING AND FINANCE

ISBN:9966151186

Author: Njaramba Gichuki

The Law of Financial Institutions in Kenya is contained in statutes as well as case law. Electronic banking has brought new challenges to the financial sector, which include compliance and security issues. The challenges became even more pronounced when we consider telephone banking. This text is offered to meet the needs of law, commerce and business administration students in the Kenyan universities, the legal and banking practitioner.

Law of Financial Institutions in Kenya

Text Book for Auditing ISBN:9966703489

Author: E. Ajowi

E. Ajowi is a highly experienced lecturer in Auditing Practice and has co-authored several books in the market. He has worked as an Internal Auditor at the Blackhood Hodge (K) Ltd. He has been the Director of Studies and Vice-Principal of the Doveshire College of Accountancy and currently the Senior Lecturer for Auditing Vision Institute of Professionals. He has contributed to the various articles for Auditing in KASNEB Newsline.

7

Commentaries

ISBN:9966151148

Author: Dr. Winifred Tarinyeba

Studies have shown that the negative effects of credit market inefficiencies are most felt by smaller firms. Therefore, in countries such as Uganda, where micro enterprises are at the bottom of the economic pyramid, moral hazard and adverse selection severely affect their ability to access formal credit hence limiting their growth potential. Microfinance has been heralded for its use of innovative lending methods to improve access to credit. The last decade has witnessed an unprecedented increase in the outreach of micro lending institutions and the development of financial products suited to the needs of the economically active poor, who often, are unable to obtain credit from mainstream financial institutions. This book analyzes the law and economics theories on access to credit and enterprise finance and based on case studies in Uganda, presents empirical findings of the promise and limits of contractual innovations in micro credit.

The Design of Microcredit Contracts and Micro Enterprise and Access to Finance in Uganda

CIVIL LAW

A Commentary on the Civil Procedure Act CAP 21

ISBN: 9966153227

Author: Steve Ouma

This book adopts the form of a commentary on the theory and practice of civil procedure, presenting the statute law, case law and systematic discussion of such law.

This is currently the most up-to-date text on Cap. 21 of the Laws of Kenya.

ISBN:9966723706

Author: M.Ssekaana & S. N. Ssekaana

Civil Procedure and Practice in Uganda: In this book, the Civil Procedure rules and other rules governing civil litigation in Uganda have been examined and explained in the light of selected Ugandan and East African Cases on procedure and practice, most of which are, and are likely to remain, unreported. In addition, a number of forms and precedents have been included, in order to illustrate the more common steps in the litigation process, and with particular reference to High Court actions.

Civil Procedure & Practice in Uganda

8

Commentaries

Digest on Civil Case Law and Procedure ISBN: 9966744886

Author: Hon. Justice G.V. Odunga

Odunga’s Digest on Civil Case Law & Procedure deals with both procedural and substantive civil decisions hence the title “Civil Case Law and Procedure”. This 2nd edition contain cases from Kampala Law Reports, Kenya Law Reports (1976 to 2005) and the East Africa Law Reports (1976 to 2008). It also contain those decisions that have been overturned or confirmed by the Court of Appeal since the first edition. The Digest is a reference book whose main aim is to guide the civil law practitioner on the various holdings from our courts on various aspects of civil law. To make the ”Digest” more meaningful, most of the decisions cited are available on the website of LawAfrica and are variously cited as LLR (LawAfrica Law Reports) – www.lawafrica.com.

ISBN: 9966153210

Author: Hon. Justice G. V. Odunga

The supplement brings to date the Odunga’s Digest, making it the most comprehensive work on civil procedure.* Should be purchased hand in hand with the Digest on Civil Case Law and Procedure.

Supplement to Odunga’s Digest on Civil Case Law and Procedure

Judicial Hints on Civil Procedure ISBN:9966703403

Author: Hon. Justice (Rtd.) Richard Kuloba

Judicial Hints on Civil Procedure is now an established authority on the Civil Procedure Act. It faithfully sets out the important judicial opinions on the Act. The commentaries are exhaustive on the aspects of the legislation set out. The accuracy of the statement of the law by the author has been attested by the judicial approval its citation has received. The book remains eye-opening.

9

Commentaries

ISBN: 9966703470

Author: Prof. P.L.O. Lumumba

Judicial Review in Kenya is the first succinct presentation of Judicial Review or Administrative Action in Kenya. Suitable for beginners in the area of judicial review in Kenya.

Judicial Review in Kenya

Judicial Review Law Procedure and Practice

ISBN: 996673841X

Author: Peter Kaluma

Judicial Review Law Procedure and Practice combines the features of a text-book and casebook at once and is an essential reading for law students and an indispensable source of reference for practitioners, academics and all interested in good governance.

This work is now in its second edition.

ISBN: 9966712186


Summary Judgment shows how courts interpret and apply Order 35 in Kenya and Tanzania and the corresponding Order 33 in Uganda. It is a work on the East African summary judgment procedure in civil litigation. This celebrated Order is one of the great innovations of the Rules of Court. This book sets out the illuminating touchstones which guide the crucial judgment involved in balancing the need for expeditious disposition of cases and the right to a plenary trial. Although the cases cited in the texts do not expressly use the same language, they clearly answer the charge that Order 35 might be an unconstitutional deprivation of the right to a trial, by making it plain that the right to a trial does not include the right to a useless trial of nonexistent genuine issues. The book is intended to state the law authoritatively, and serve as a work of reference.

Summary Judgement

10

Commentaries

COMMERCIAL

Partnership Law in Uganda ISBN:9966153265Author: Prof. David Bakibinga

The author brings alive the rules of partnership by comparing the partnership with its offspring, the limited company and other associations, then examining its nature and definition with reference to relevant statutory provisions. He then deals with the relationship between partners and outsiders, before considering the relationship between partners. The author also analyses the dissolution of partnership, the relationship between bankruptcy and partnership, the taxation of partnership and the limited partnership recently introduced by the Partnership Act, 2010. The text is aimed at students taking the Law of Business Associations, Company Law and Partnership Courses in the third or final years of the L.L.B. Degree programmes in East African universities and practitioners majoring in accountancy, business administration, marketing and finance disciplines.

ISBN:9966712143Author: K. I. Laibuta

The textbook provides a much-needed alternative to rather over-simplistic, largely unrevised, inadequately reasoned, and occasionally misleading works of domestic writers, and to the highly technical and overly intricate texts of other authors in the wider common law jurisdiction. The contents include: Sources of Law in Kenya; the Law of Persons; General Principles of the Law of Contract; Sale of Goods; Hire-Purchase Contracts; Bailment; Carriage of Goods; Guarantee and Indemnity; General Principles of the Law of Insurance; Negotiable Instruments; Agency; the Law of Partnerships; Intellectual Property; Property Law; the Law of Succession; Commercial Arbitration and Alternative Dispute Resolution; Bankruptcy and Insolvency; and Limitation of Actions. Each chapter is followed by a revision exercise ideal for review and tutorial discussions.

This is the most up-to-date and comprehensive work on Commercial Law.

Principles of Commercial Law (2nd Edition)

CONSTITUTIONAL AND ADMINISTRATIVE LAW

Founding the Constitution of Uganda ISBN: 9966031105

Author: Hon. Justice (Rtd.) Richard Okumu Wengi

11

Commentaries

ISBN: 9966153258Author: Prof. P.L.O. Lumumba, Dr. Morris Mbondenyi, Dr. S.O. Odero

This book, provides an in-depth assessment of the interface between constitutionalism and Kenya’s new Constitution. Focusing on the historical trajectory on the search for a new Constitution, Chapter One lays the groundwork upon which the fault line between constitutionalism and the issue areas are articulated in the other chapters in relation to the new Constitution. The superb chapters on the carefully selected issue areas, make this edited volume an essential reading. The book makes an important contribution to the evolving constitutionalism and policy clarification on Kenya’s new Constitution. The book is an excellent teaching and reading manual for students in law, history, politics, diplomacy, and international relations as well as for the practitioners.

The Constitution of Kenya: Contemporary Readings

Constitutional and Political History of Uganda

ISBN:9966744800

Author: Hon. Justice (Rtd.) Prof. George. W. Kanyeihamba

In May, 2002, the Government and the Chief Justice of Kenya, the Kenya section of the International Commission of Jurists and the Kenya Constitutional Review commission invited Hon. Justice Dr. G.W. Kanyeihamba to head a Panel of Eminent Commonwealth Judicial Experts to investigate, review and recommend measures for restructuring and improving the Kenya Judiciary. The Panel finished its work and reported in record time. After receiving and internalising the report of the Panel, the Panels Kenya hosts wrote on 3rd June, 2002, a letter of gratitude to Justice Kanyeihamba and his colleagues, to show their profound gratitude for the remarkable task undertaken for this country. He had adopted the very tedious schedule proposed for him and carried it out with diligence producing a comprehensive and concise report which has catalysed immense positive debate in the country but also moved the reform agenda forward by several steps”.

ISBN: 9966744894

Author: Uganda Law Reform Commission

The book covers the current Constitution of Uganda.

Constitution of Uganda

12

Commentaries

CONVEYANCING

Conveyancing Principles and Practice

ISBN: 9966723706

Author: Prof. Tom O. Ojienda

Conveyancing – Principles & Practice provides a succinct understanding of the historical and philosophical background of land law and conveyancing in Kenya, a thorough grasp of the legal framework and a simplified concise exposition of the processes and formalities that precede the legal transfer of land. It combines a technical understanding of complex legal phenomenon with some critical awareness of the broader values and preferences which inform the law. The book is alive to the fact that land law and conveyancing impinge upon a vast area of social ordering and expectations, and exert a fundamental influence upon the lifestyles of ordinary people.

ISBN:9966723773

Author: P.L.Onalo

Land Law and Conveyancing in Kenya deals with principles of land law and conveyancing and treats the law as it is. The book is divided into three parts. Part One deals with substantive law in a very cohesive manner. Part Two analyses registration procedures and their effects. Part Three deals with every aspect of conveyancing in a most practical and detailed form.

Land Law and Conveyancing in Kenya

CRIMINAL

A Guide to Criminal Procedure in Uganda ISBN:9966153296Author: Hon. Chief Justice Benjamin Odoki

Justice Benjamin J. Odoki is the Chief Justice of Uganda since 2001. He has had a distinguished career in the legal and judicial service, rising from a State Attorney to the Director of Public Prosecutions, from a Senior Lecturer in law to Director of the Law Development Centre, and from Judge of the High Court to Justice of the Supreme Court. He has served as Chair of the Uganda Law Council and the Uganda Constitutional Commission. He taught Criminal Procedure at the Law Development Centre and Makerere University for many years. This book is based on his prosecuting and teaching experience in Criminal Procedure. It is written in simple, readable and practical style. It traces criminal proceedings from investigation and arrest of offender, to plea, trial, sentence and appeal.

13

Commentaries

ISBN: 9966031198

Author: Prof. Tibamanya Mwene Mushanga

Professor Mushanga is the author of several books which include; Criminology in Africa, Crime and Deviance, An Introduction to Criminology, Criminal Homicide in Uganda, Dictionary of Criminology, Dictionary of Runyankole Rukiga, Slavery and Colonialism: two evils for which Africans should demand Reparation, Homicide and its Social Causes, My Life and Work (forthcoming).

Currently Mwene Mushanga is working as Deputy Vice Chancellor of Ankole Western University Project at Kabwohe and as the Presidential Advisor on Foreign Affairs.

Crime and Deviance

Criminal Homicide in Uganda ISBN: 9966031044




ISBN: 9966031051




Criminology in Africa

14

Commentaries

Criminal Law and Procedure: A Digest of Cases ISBN:9966738495

Author: Hon. Justice (Rtd.) B.D. Chipeta

Criminal Law and Procedure: A Digest of Cases - Takes into account more than 150 decisions of the High Court and the Court of Appeal of Tanzania. It covers a wide range of criminal law subjects ranging from the traditional offences like murder and theft to more recent additions like corruption. Cases which had been omitted have been included to widen the reader’s scope and neglect development in judicial thinking.

ISBN:996674486X

Author: Francis J. Ayume

In this book, the late author F. J Ayume attempts to explain the practical working of the substantive criminal law in Uganda by examining procedures laid down in various statutes and judicial pronouncements in an intelligible manner thus making reference easy especially to students. The late author had his primary and secondary education in Uganda. He joined the then University of East Africa and studied in Dar-es-Salaam. He spent a brief spell at Columbia University (USA). From 1967, he worked in various capacities in the Ministry of Justice in Uganda and later rose to become the Solicitor General from 1977 to 1983. Afterwards, he was transferred to the Office of The Prime Minister as a Permanent Secretary. He then returned to the Ministry of Justice as Solicitor General.

Criminal Procedure and Law in Uganda

Criminal Procedure in Kenya ISBN: 9966703462

Author: Prof. P.L.O. Lumumba

This book is aimed at Law Students, Practitioners and Judicial Officers. It is written as a handbook to be resorted to for quick reference. At the same time, it provides comprehensive treatment of the subject. The book covers most of the key areas of Criminal Procedure that interest the student, the practitioner, the magistrate, the judge and the academic.

15

Commentaries

ISBN: 9966031068




Dictionary of Criminology

Essays in Criminology ISBN: 9966031075


Professor Mushanga is the author of several books which include; Criminology in Africa, Crime and Deviance, An Introduction to Criminology, Criminal Homicide in Uganda, Dictionary of Criminology, Dictionary of Runyankole Rukiga, Slavery and Colonialism: two evils for which Africans should demand Reparation, Homicide and its Social Causes, My Life and Work (forth-coming).


ISBN: 9966151117

Author: Patrick Kiage

Essentials of Criminal Procedure in Kenya is a text which presents the entire criminal process in a simple, yet authoritative and informative way. The core principles that underpin the criminal procedure, their rationale and assumptions are well articulated and critiqued. In addition, the book presents by way of illustration a comprehensive range of the latest local judicial decisions. It also presents some practical proposals for reform of the criminal procedure, informed not in the least by the dictates of our new Constitution.

Essentials of Criminal Procedure in Kenya

16

Commentaries

Homicide and its Social Causes ISBN: 9966031082


Professor Mushanga is the author of several books which include; Criminology in Africa, Crime and Deviance, An Introduction to Criminology, Criminal Homicide in Uganda, Dictionary of criminology, Dictionary of Runyankole Rukiga, Slavery and Colonialism: two evils for which Africans should demand Reparation, Homicide and its Social Causes, My Life and Work (forthcoming).


ISBN:9966703411


Measure of Damages for Bodily Injuries is a major event in Kenya’s legal research. Emeritus Judge Richard Kuloba has fitfully broken a long slumber in legal scholarship. In this book he has gone to Davy Jones’ locker of precedents, and, with nifty brain work and unrivalled hands of experience in civil court work, he has crafted leading principles on the assessment of the quantum of damages for personal injuries in Kenya, in the language of judges of eminence in the field.

Measure of Damages for Bodily Injuries

ETHICS

Professional Ethics: A Kenyan Perspective

A Kenyan Perspective

ISBN:9966031204

Author: Prof. Tom Ojienda and Katarina Juma

Professor Tom Ojienda is a practicing Advocate and teaches law at Moi University. He currently serves as a Commissioner with the TJRC Kenya. He has published in areas of land law and land reform, human rights, gender and legal practice. Ms. Katarina Juma is a non-practicing Advocate currently working in the private sector. Ms. Juma is an Editorial Board member of the East Africa Law Reports and has published other texts among them: Digest of Family Law and Matrimonial Property.

17

Commentaries

EQUITY AND TRUSTS

ISBN:9966153272

Author: Prof. David Bakibinga

The text provides an overview of equitable principles and links this with the maxims of equity and the distinction between equitable and legal interests. This is followed by consideration of assignment of equitable interests and an analysis of the major equitable remedies, including injunction, specific performance, rescission, rectification, order for an account and delivery up and cancellation of documents. Although of limited relevance in modern times, the doctrines of equity which comprise election, satisfaction, performance and, to a limited extent, conversion are also examined. The general treatment of equity is followed by a specialist analysis of the concept of the trust, which is regarded as the largest manifestation of equity.

Equity and Trusts

EVIDENCE

The Law and Practice of Evidence in Kenya

ISBN:9966031235

Author: Kyalo Mbobu

The Law and Practice of Evidence in Kenya covers virtually all aspects of the law of evidence and provides a brilliant analysis and discussion of the subject. This book gives a lucid chronology of the evolution of the law over the years to its current position and provides useful hints on certain areas that need urgent reform. The Law of Evidence is a dynamic subject with numerous developments in the recent past. The most notable is the Evidence (Out of Court Confession) Rules, 2009 which have revolutionized the law governing confessions in Kenya. Also worth noting is rapidly growing Kenyan case–law in the various spheres of Evidence Law and Practice that we have attempted to capture in this work.

FAMILY LAW AND SUCCESSION

ISBN: 9966744851

Author: W.M. Musyoka

This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice.

A Casebook on the Law of Succession

18

Commentaries

Family Law Digest - Matrimonial Property

ISBN:996672379X

Author: Katarina Juma & Charles Kanjama

Family Law Digest book critiques the inconsistency of our courts’ decisions as regards the division of matrimonial property. In a nutshell, this digest is a review of the decisions of Kenyan courts when faced with the question of the determination of inter-spousal property rights.

ISBN:9966712135

Author: W.M. Musyoka

Law of Succession broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice.

This is the most authoritative work on the current law of succession in Kenya. The text should be used hand in hand with the Casebook on the Law of Succession.

Law of Succession

Marriage Laws in Africa

ISBN:197241859

Author: Authur Phillips & Henry Morris

This volume makes available part of the Survey of African Marriage and Family Life of 1953 together with a new section covering developments during the last two decades.

Professor Arthur Phillips’s ‘Introductory Essay’ and Marriage Laws in Africa’, reprinted here from the original survey, present the results of an inquiry into the effects of modern conditions and institutions on African Customary law relating to Marriage and family life. These remain an indispensable foundation for a study of the contemporary situation.

Dr. Henry Morris has contributed a review of developments down to 1970, with a bibliography of additional sources, which will add much to the usefulness of the new volume.

19

Commentaries

ISBN: 9966031129

Author: Hon. Justice Mary A. Ang’awa

Justice Mary Ang’awa holds LL.B. and LL.M. degrees from the University of Nairobi. She is an advocate of the High Court of Kenya and a Puisne Judge. She is a fellow of the Chartered Institute of Arbitrators. She has taught the law of succession to judicial officers and advocates of the High Court of Kenya.

Procedure in the Law of Succession

GENDER

Women’s Law and Grassroots Justice in Uganda

Women’s Law& Grassroots

Justice inUganda

J E N N I F E R O K U M U W E N G I

ISBN: 9966031112

Author: Jennifer Okumu Wengi

Jennifer Okumu Wengi was born in 1956 in Kabale, Uganda. She went to Hornbay High School, Kabale, Kyebambe Girls School and Mount St. Mary’s Namagunga before proceeding to Makerere University where she graduated in Law in 1979, and joined the government legal service. She later embarked on her D. Phil with the Women’s Law Programme University of Zimbabwe, and undertook extensive research on women’s issues including the study on Legal Constraints to the Economic Empowerment of Ugandan Women for the World Bank. She travelled widely in Africa, Europe, China and the USA.

(1956-1997)

GENERAL

ISBN: 9966031099




Slavery and Colonialism

20

Commentaries

HUMAN RIGHTS

Freedom of Speech ISBN:9966723730

Author: James E.C. Jesse

Freedom of Speech for members of Parliament in Tanzania: an Appraisal of Law and Practice in light of International Human Rights law and Best Practices book is essential reading for anyone who wants to grasp the scope of the freedom of speech for members of Parliament and even the general populace in a democratic setting. The book provides valuable insights into why the freedom of speech for members of parliament is so important. One of the most important pivotal statements alluded in this book is that, “freedom of speech is crucial in any democracy, because open discussions of members are essential for voters to make informed decisions during elections.

ISBN:9966153241

Author: Dr. Morris Mbondenyi

International human rights law currently registers a tremendous positive impact on the legal systems throughout the world, although this was hardly the situation decades ago. This book deliberately underscores the enforcement of international human rights law in Africa and the prospects and promises of an effective regional human rights system. The book is yet another attempt to conduct a comprehensive study on the African human rights system, not only with regard to its institutional mechanisms, but also the challenges encountered in the course of enforcing its substantive human rights norms.

International Human Rights and their Enforcement in Africa

ICT

Forensic ICT ISBN: 9966031136

Author: Davies Kelmen

This book provides the principal ideas and developments in the practice of the Forensic ICT Investiga-tions. It is a fact that Information Communication Technology ( ICT) crimes have proliferated; therefore the significance of proper identifications, care and processing of digital evidence needs to be taken seriously. Digital Forensic evidence form the silent witness against the offender, they are factual and cannot perjure themselves. This text provides substantive information relating to computer crimes, how they are committed, what evidence is left behind and forensics techniques. It is a suitable text for computer security managers, investigators, lawyers, and auditors to equip themselves to deal with these crime challenges of our time.

21

Commentaries

JURISPRUDENCE AND LEGAL THEORY

ISBN:9966151124

Author: Omony John Paul

The craving for a simplified and comprehensive text on Jurisprudence has persisted for a long time. This is not only due to the fact that Jurisprudence is a compulsory law subject but also the challenge it poses as being perceived to be one of the most difficult, complicated and broad law subjects. This book is designed to fill the lacuna caused by this scarcity of a simplified text on the subject. The author is mainly concerned with making the subject easier to understand and more interesting than has previously been presented by the few texts on the subject on the market.

Key Issues in Jurisprudence

LEGAL EDUCATION/SKILLS

Introduction to Law ISBN: 9966031174

Author: Peter Mugambi

This new book by Peter Mugambi is essential reading for all students taking introduction to law in CPA, CPS, CCP, KASNEB, KNEC exams and undergraduates. Introduction to Law is considered compact yet comprehensive, well-written, well structured and a stimulating read.

This edition:• Providesaclearandstraightforwardaccountofthebasicrulesoflaw• Introducescurrentdebatesaboutthenature,scopeandfunctionsofthelawanddiscusses

the wider controversies surrounding some of the basic doctrines• Hasbeenupdatedtoincludethenewconstitution2010.

ISBN:9966723714

Author: Hon. Justice Dr. Fauz. Twaib

Legal Profession in Tanzania: The Law & Practice is a study of the law and practice relating to the private legal profession in Tanzania. It shows that the profession has played and continues to play an important and indispensable role in the operation of the common law system and its adversarial procedure which form the backbone of the country’s legal order. However, certain shortcomings exist in some areas of the professional regime which call for serious reflection on the part of the profession and authorities involved in its practical application. The book proposes changes with a view to addressing the deficiencies that presently exist by suggesting positive reforms on the existing framework. Their adoption would ensure a remarkably improved professional structure.

Legal Profession in Tanzania

22

Commentaries

Liberalization of Legal Education in Uganda, Policy Considerations

ISBN:9966151131Author: Dr. Pamela Tibihikirra

This book analyses the liberalization of legal education and training in Uganda with a view to exploring avenues for the development of a legal education policy that addresses various problems with regard to the quality of law graduates and of legal services in the market place currently available given the large number of law graduates entering the professional field each year. The legal systems in Kenya, Tanzania and Uganda to a large extent follow the Common Law theories and practices of English Law. The three countries also share a history in the establishment of law schools and they face similar problems and challenges with regard to the effect of liberalization on the quality of law graduates produced today. This book therefore provides comparative lessons for the systems of legal education in the other East African countries. This is especially important as the three countries (together with Burundi and Rwanda which share a Civil Law background) move closer together with the ultimate goal of political federation.

ISBN:9966744878

Author: Justice (Rtd.) B.D. Chipeta

Magistrate Manual book in a nutshell covers the rules of procedure in the institution of criminal and civil cases, the preparation of formal charges in criminal cases and pleadings in civil suits, the trial of such cases, the sentencing process and relevant considerations, control of court proceedings, Judicial bias and self-disqualification, court delays and code of conduct for Judicial officers.

Magistrates Manual

The Basics of Law: Questions and Answers

ISBN: 9966031181

Author: Peter Mugambi

This new book by Peter Mugambi is essential reading for all students taking introduction to law in CPA, CPS, CCP, KASNEB, KNEC exams and undergraduates. Introduction to Law is considered compact yet comprehensive, well-written, well structured and a stimulating read.

This edition: ■ Provides a clear and straightforward account of the basic rules of law ■ Introduces current debates about the nature, scope and functions of the law and

discusses the wider controversies surrounding some of the basic doctrines ■ Has been updated to include the new constitution 2010

23

Commentaries

ISBN:996670342X

Author: Ongoya Z. Elisha & Eunice W. Kiumi

The Moot Court Formular describes the guide, chronicles the experiences of the authors and is a refreshing account of the challenges they faced during their participation in the above and other moot court competitions. One such challenge is the requirement for a thorough understanding of the substance of the relevant law and the procedure for its application and enforcement. The competitions also demand a mastery of the art of articulating arguments before simulated international and regional courts using the relevant rules.

The Moot Court Formula

TAX LAW

Introduction to Tax Law ISBN:9966744819

Author: Gabriel Kitenga

The rule of trade can be sophisticated and misunderstood by business people. In this book the author concisely explains the history of tax, how VAT is calculated with the aid of examples, the functions and the role of Kenya Revenue Authority, different trade treaties, agreements, terms and documentation.

ISBN: 9966031006

Author: Dr. Attiya Waris

Taxation is perceived by citizens as a compulsory contribution to the state yet, the legitimacy of the state rests on the publics’ acceptance of the state’s right to levy tax and redistribute it in such a manner as to promote the overall good of society. The modern developing state can be said to be facing a crisis of fiscal legitimacy, afflicted by poor governance, poor societal participation, corruption and a lack of accountability. This book investigates whether a possible remedy in averting the fiscal crisis is firstly, to re-establish a link between taxation and government expenditure in the developing state and to utilise human rights law, principles and policies to link tax revenue to expenditure through re-distribution. This thesis will consider whether human rights may be the tool or vehicle for citizens to assess fiscal allocations It analyses developing countries with reference to Brazil and India and more specifically Kenya

Tax and Development: Solving Kenya’s Fiscal Crisis through Human Rights

24

UPCOMING COMMENTARIES

Book Title AuthorPolitics and the Common Good Strathmore UniversityCompany Law in Uganda Professor David BakibingaRevenue Law in Uganda Professor David BakibingaEssays in Land Law in Tanzania Prof. Gamaliel Mgongo FimboCustomary Land Law in Tanzania Prof. Gamaliel Mgongo FimboMultipartyism, Constitutions and the Law in Africa Prof. Gamaliel Mgongo FimboThe Land Law in Tanzania: A Casebook Prof. Gamaliel Mgongo FimboAdministration of Justice in Tanzania Prof. Gamaliel Mgongo FimboJudicial Review: Law, Procedure and Practice (2nd Edition)

Peter Kaluma

Mastering Legal Research Katarina Juma & Maina Waweru

25

JOURNALS

EAST AFRICA LAW SOCIETY JOURNALS

Compendium of Codes of Legal Practice, Conduct, Ethics and Etiquette in East Africa aims to provide for legal practitioners all over East Africa, in a one-stop publication, an easy reference tool, being the basic rules and regulations governing the practice of law. We appreciate that many of our members, especially the younger ones in legal practice, may not have accessed these rules and regulations in written form.

Compendium of Codes of Legal Practice, Conduct, Ethics and Etiquette In East Africa

Digest on Human Rights and Access to Justice

ISBN: 9966712151

The subject of human rights and its attendant have remained relevant areas to the legal fraternity. This relevance resonates well in the fields of teaching and learning the law, consultancy, legal practice and advocacy, law reform, and judicial decision making. In the East African re-gions, the availability of research and reference material for these two areas of learning has remained low. It is against the backdrop of the foregoing that the publishing of the Digest on Human Rights and Access to Justice in East Africa is an important aspect of the development of the law in the region.

ISBN: 9966712194

The Jurisprudence on Regional and International Tribunals Digest is borne out of the recent developments in the judicial arena of the East African Community and other inter-state arrangements where matters are increasingly getting litigated and determined at the International fora. With such a development, there is more current need to document the reasoning, not just of judicial officers form the East African Court of Justice but also from other Regional and International Tribunals. This will help in consolidating knowledge on diverse aspects of substance and procedure from these tribunals for both academic and practice purposes.

Jurisprudence on Regional and International Tribunals Digest

26

Journals

The Constitutional Law Digest ISBN: 9966703454

The Constitutional Law Digest is a helpful tool for the Constitutional scholar in East Africa, practitioner and student alike. It will also be a useful resource manual for individuals in the corporate sector and civil society who are key stakeholders in interpretation of the Constitution and enforcement of fundamental rights and freedoms. It amply illustrates the approach the East African Courts have taken in interpreting their own Constitutions. Several ground-breaking decisions are included in the Digest.

ISBN: 9966703438

The Tax Law Digest is a digest of tax cases and is targeted primarily at the tax practitioner - lawyer of accountant. It contains a peak into the nascent field of tax jurisprudence in East Africa and covers some important cases that have been handled by the East African superior courts of record. The Digest will be a useful resource manual for practitioners and students alike.

The Tax Law Digest

STRATHMORE UNIVERSITY JOURNALSGovernance Institutions and the Human

ConditionISBN: 9966738444

Contents include: ■ Creating a New Constitutional Order: Kenya’s Predicament. ■ Ethics of the Rule of Law: Impunity, Public Perceptions of

Justice and Governance in Kenya.

27

Journals

ISBN: 9966703446

Contents include: ■ The Meaning of Law ■ Mediation – A Solution for the Legal Sector Crisis ■ Legal Foundation of the Right to Life

Legal Ethics and Jurisprudence in Nation Building

Media and the Common Good ISBN: 9966738487

Contents include: ■ Globalisation: It’s Impact on the African Nations’ Media Systems – The Case of Kenya. ■ Framing the Constitutional Referendum of 2005: Did the Media Serve the Common

Good.

ISBN:9966031150

The twenty-five essays in this interdisciplinary, international volume address the question of the objective or purpose of business management from a wide range of theoretical perspectives. Since some of the writers contradict one another, it is not possible that all of them are correct. Nevertheless, the fact that many of them argue persuasively that business managers should aspire to more than maximisation of a financial variable challenges everyone with a theoretical or practical interest in commerce to reconsider acceptance of the owner-value paradigm and to develop a richer conception of the profession of business management.

Shareholder Value and the Common Good

28

Journals

TANGANYIKA LAW SOCIETY JOURNALSTanganyika Law Society ISSN: 18215564

Contents include: ■ A Brief Introduction to Corporate Governance. ■ Copyright Law in Tanzania: Some of the Issues you need to know.

ISSN: 18215564

Contents include: ■ Human Rights and Intellectual Property: Correlations and Contradictions. ■ The Rule of Law and the Independence of the Mozambican Judiciary.

The Tanzania Lawyer

29

ONLINE RESOURCE

LawAfrica Law Reports is a database of reports from Kenya, Uganda and Tanzania. It currently holds over 40,000 decisions. The decisions are from the highest courts in East Africa among them the Supreme Court of Uganda, The Court of Appeal of Uganda, the Court of Appeal of Tanzania and the Commercial Court in Tanzania, the Court of Appeal in Kenya and the Commercial Court in Kenya. Various decisions from the other high court levels are included. The database is updated on a weekly basis. Contact [email protected] for more information, and a demonstration of the same.

30

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