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KIBABII UNIVERSITY COLLEGE QUALITY MANAGEMENT SYSTEM BASED ON ISO 9001:2008 LEGAL SERVICES PROCEDURE MANUAL KIBU/VC/WP/2.1

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QUALITY MANAGEMENT SYSTEM BASED ON ISO 9001:2008

LEGAL SERVICES PROCEDURE MANUAL

KIBU/VC/WP/2.1

Authorized by: Prof. Isaac Ipara Odeo

Principal Sign: Date: 23/12/2014

Issued by: Prof. Shem Aywa

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Version A Page 2 of 8 Revision 0 TABLE OF CONTENTS

PROCEDURE NUMBER 1: HANDLING OF COURT DISPUTES 3

PROCEDURE NUMBER 2: PREPARATION, CERTIFICATION AND WITNESSING OF DOCUMENTS ... 5 PROCEDURE NUMBER 3: WRITING OF LEGAL OPINIONS AND INTERPRETATION OF LEGAL DOCUMENTS ... 7

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Version A Page 3 of 8 Revision 0 PROCEDURE NUMBER 1: HANDLING OF COURT DISPUTES -

KIBU/VC/WP/2.1.10 1.0 GENERAL 1.1 PURPOSE

The purpose of this procedure is to ensure consistency, effectiveness and timeliness in handling of court disputes.

1.2 SCOPE

This procedure shall apply to handling of court disputes relating to the University College.

1.3 REFERENCES

a) Quality Manual –KUC/MR/QM/002.

b) The University College Customer Service Charter.

c) Court Cause List(s).

d) Court pleadings.

1.4 TERMS AND DEFINITIONS

HoLA – Head of Legal Affairs Department 1.5 PRINCIPAL RESPONSIBILITY

TheHoLA shall ensure that this procedure is adhered to.

2.0 METHOD

2.1 This procedure shall start with the Principal determining the need for the University College to be represented in Court or checking the status of a case in which the University College is a party to and or has an interest therein either through:-

a) Receiving court summons

b) Delay in feedback from an external advocate

c) Information gathered regarding the pendency of a case in Court

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Version A Page 4 of 8 Revision 0 accordingly based on the following:-

a) Available information

b) Applicable legal requirements

2.4 In the event that the case does not require an external advocate, the HoLA shall act appropriately according to the nature of the case.

2.5 In case of the need for outsourcing, the HoLA shall proceed as per the control

of outsourced services Procedure Number 5 in the Administration Procedure Manual.

2.6 The HoLA shall give quarterly progress reports on the status of cases in Court

to the Principal.

3.0 LIST OF APPLICABLE RECORDS

3.1 Evidence of communication

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Version A Page 5 of 8 Revision 0

PROCEDURE NUMBER 2: PREPARATION, CERTIFICATION AND

WITNESSING OF DOCUMENTS - KIBU/VC/WP/2.1.11 1.0 GENERAL

1.1 PURPOSE

The purpose of this procedure is to ensure consistency, effectiveness and timeliness in the preparation, certification and witnessing of documents in the University College.

1.2 SCOPE

This procedure shall apply to the preparation, certification and witnessing of documents in the University College.

1.3 REFERENCES

a) Quality Manual –KUC/MR/QM/002.

b) Relevant Legal documents.

1.4 TERMS AND DEFINITIONS

a) Agreement - Contract, MoU, lease.

b) HoD – Head of Department.

c) HoLA – Head of Legal Affairs Department.

d) DP (PAF)-Deputy Principal (Planning, Administration and Finance).

e) MoU – Memorandum of Understanding.

1.5 PRINCIPAL RESPONSIBILITY

The HoLA shall ensure that this procedure is adhered to.

2.0 METHOD

2.1 Preparation of Agreements.

2.1.1 This procedure shall start with the HoLA receiving communication from the

Principal that there is need for an agreement to be prepared and/or entered into.

2.1.2 Upon receipt of the said communication, the HoLA shall liaise with the

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Version A Page 6 of 8 Revision 0 the said agreement.

2.1.3 The HoLA in liaison with the said relevant HoD shall prepare the agreement.

2.1.4 Upon preparation of the said agreement the HoLA in liaison with the relevant

HoD shall send a draft copy of the agreement to all parties concerned for their input.

2.1.5 In the event that the parties to the agreement raise any issue(s) regarding the

agreement, then the HoLA shall address them in liaison with the concerned parties and the relevant HoD.

2.1.6 After all issues raised have been addressed, the HoLA shall present the agreement to the Principal who will convene a meeting for signing.

2.2 Certification and witnessing of documents

2.2.1 This shall start with the HoLA receiving communication from the Principal of

the need to certify witness a document.

2.2.2 Upon receipt of the said communication, the HoLA shall liaise with the DP (PAF)/DP (ARE) for purposes of getting the said document to be certified or witnessed.

2.2.3 In the event that the HoLA raises any concern about the said document the

same shall be addressed in liaison with the DP (PAF). 3.0 LIST OF APPLICABLE RECORDS

3.1 Evidence of communication.

3.2 Evidence of meeting

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Version A Page 7 of 8 Revision 0 effectiveness in writing legal opinions and interpretation of legal documents. 1.2 SCOPE

This procedure shall apply to writing of legal opinions and interpretation of legal documents in the University College.

1.3 REFERENCES

a) Quality Manual - KUC/MR/QM/002.

b) Universities Act No. 42 of 2012

c) Legal Notice No. 115 of 2011

d) University College Customer Service Charter

e) University College Statutes

f) University College Policies

g) University College Strategic Plan

h) The Constitution of Kenya, 2010

i) University College Scheme of Service

j) Current Collective Bargaining Agreements

k) Relevant Acts of Parliament and Regulations thereto.

l) University College Students’ Constitution

m)Rules and Regulations Governing Students Conduct at University College

1.4 TERMS AND DEFINITIONS

a) DP (PAF) – Deputy Principal, Planning, Administration and Finance

b) HoLA – head of Legal Affairs Department

1.5 PRINCIPAL RESPONSIBILITY

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Version A Page 8 of 8 Revision 0

2.0 METHOD

2.1 This procedure shall start with the HoLA, receiving communication from the

Principal on the need for writing legal opinions and interpretation of legal documents.

2.2 Upon receiving the communication, the HoLA shall review the information

provided, research and give a legal opinion based on applicable legal requirements.

2.3 In the event that there is need for outsourcing, the HoLA shall proceed as per

the control of outsourced services Procedure Number 5 in the Administration Procedure Manual.

3.0 LIST OF APPLICABLE RECORDS

3.1 Evidence of communication

References

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