Jeff Kimata

"I URGE you, fellow colleagues, to VOTE for my candidature for the post of LSK COUNCIL MEMBER on the 6th of February 2014."

Career

I am an Advovate of the High Court of Kenya of over 9 years standing and the Managing Partner at Kimata Alutira & Company Advocate, a Consultant and Law Lecturer at Jomo Kenyatta University of Agriculture and Technology, Law School, Karen Campus where I teach Competition & Property Law.

Credentials

Master of Laws Degree in International Economic & Trade Law Brunel University, West London, UK.

Master of Laws Degree in Corporate & Commercial Law University of London, UK.

Postgraduate Diploma in Law from the Kenya School of Law.

Bachelor of Laws Degree from the University of Nairobi, Kenya.

My specialities include:

Commercial; banking; credit & finance; capital markets; private equity; derivatives; M&A; competition law; insurance; lending & security arrangements; dispute resolution including arbitration & mediation; trade; EAC/community law; intellectual property/ICT, telecommunications, media & entertainment; real estate & planning; tax; trusts; employment & pension.

Personal Infomation

I am a member of the Young International Council for Commercial Arbitration (ICCA), an Associate of the Chartered Institute of Arbitrators, London, a Commissioner for Oaths and Notary Public.

Some of my scholarly works include:-

• Regulatory responses to financial market failures; the Principle of Closest Connection under the Rome Convention: saviour or villain?; A critical assessment of the remedies available to a buyer and seller in an international sale of goods contract for non-performance of the other party's obligations under the United Nations Convention on Contracts for the International Sale of Goods, 1980; The concept of "investment" for purposes of ICSID arbitration in light of the relevant ICSID case law and practices of states through bilateral investment treaties (BITs), national foreign investment laws and multilateral investment treaties; Analysis of the application of the tests of distinctiveness and effect by the Dispute Settlement Body, in settling disputes between disputing states under the World Trade Organization.

• Presentations and submission of written briefs to The Tribunal Reviewing the salaries and allowances of Members of the Kenyan Parliament led by Justice (rtd) Akilano Akiwumi on 3rd April 2009; The Committee of Experts on Constitutional Review led by Mr. Nzamba Kitonga on the harmonized draft constitution of Kenya on 17th December 2009.

Be inspired

"You must be the change you want to see in the world. " - Mahatma Gandhi

I am forever in your service.

What I have done

1) Between 2009 to 2010, I was an active member of the Young Lawyers Committee;
2) Between 2010 to 2011 I served in the following Committees:

Conveyancing & Property Law/Environmental & Natural Resources Committee;

Information, Communication & Technology & Intellectual Property Rights Committee;

Public Interest & Legal Aid & Human Rights Committee; and

Litigation & Court Users Committee; Conveyancing and Land Reform; Alternative Dispute Resolution (ADR) and ICT and Intellectual Property Rights.

I am currently serving in the Alternative Dispute Resolution Committee (since 2010) where I currently double up as the Convener of the Education & Public Awareness Action Group of the Committee.

Some of my achievements during my time at the aforesaid Committees include:-

1. At the Conveyancing & Property Law/Environmental & Natural Resources Committee:-

I made proposals for the revision of the Law Society Conditions of Sale, a process which is currently on going;

I also made proposals for inclusion in the then draft National Land Commission Bill and also on the implementation of Chapter V of the Constitution of Kenya on Land & Environment; and

I assisted in the preparation of a Memorandum of Grievances on the challenges with the Ministry of Lands, which was submitted by the Committee to the then Minister Hon. James Orengo.

2. At the Public Interest & Legal Aid & Human Rights Committee, I made recommendations for inclusion in the draft Legal Aid Bill 2011.

3. At the Alternative Dispute Resolution Committee:-

I provided substantial input in the Committee's Presentation on piloting the implementation of ADR into Kenyan Court System which was submitted to the Wako Action Group constituted at the Senior Counsels' meeting with the Chief Justice in 2011;

I was part of the team that organized a half day workshop on mediation held on 19th July 2012 facilitated by Prof. Ernest Uwazie, an International Mediator & Academic;

I assisted in the drafting and publishing of an article entitled "An overview of ADR in Kenya," in the Society's website and newsletter; and

I also assisted in the preparation of a detailed Report to the Attorney General containing recommendations for inclusion in the then draft Nairobi Centre for International Arbitration Bill 2012. Majority of the said recommendations were incorporated in the final draft which was passed by Parliament and is now in force.

If given the humble opportunity by you to serve as Council Member, I PROMISE to apply my mind, abilities and energy to the following:-

1. On issues relating to bread and butter; to push for the upward review of the Advocates Remuneration Order by keeping in line with best practice and international standards where lawyers are sufficiently compensated for their specialist work.

2. To jealously and safeguard the integrity and high status of the Law Society of Kenya. I am aware of the happenings in some parts of the country such as the Rift Valley region where our learned colleagues have complained of fake lawyers/quacks opening offices in Bomet, Kericho, Nakuru and Baringo counties and using names of renowned lawyers thereby tainting the profession.

3. To constructively engage the Judiciary and other public bodies such as the Ministry of Lands in improving and maintaining high service delivery standards at the courts and registries in order for members to work in a conducive and enabling environment that guarantees high standard of practice. To this end, I am aware of the predicament suffered by our colleagues in Nyeri due to lack of enough court prosecutors whereby the region's seven courts only have five prosecutors where at one time, two had gone on leave and a third only handled traffic cases.

4. To foster accountability and transparency in the management of the Society's affairs and funds.

5. To design appropriate programmes, trainings, seminars and other activities geared towards capacity building of lawyers to enable them venture into specialty areas.

6. To assist the Society in the proper implementation of its Strategic Plan 2012-2016 so that it plays a proactive role in fostering advocacy and advancing the just rule of law.