Publications & Audits

Prof Tom Ojienda SC
  1. Sectoral Legal Aid in Kenya.  The Case of the Rift Valley Law Society Juvenile Legal Aid Project, published in various journals including the Advocate, the Lawyer, and the Newcastle Law Bulleting.
  2. Surrogate Motherhood and the Law in Kenya. A Comparative Analysis in a Kenya Perspective.
  3. Sustainability and The Ivory Trade. Whither the African Elephant?  Published in 2002 issue of the East African Law Review.
  4. Exploring New Horizons in the Discipline of Advocates, Towards A review of the existing regime of Law. Published in the Advocate.
  5. Polygamous Marriages and Succession in Kenya. Whither “the other woman?”
  6. International Law in Internal Law.  Internalizing Human Rights in Kenya.
  7. Clinical Legal Training in East Africa. Reflections on the Implementation of Clinical Legal Education in Moi University.
  8. Learning Law by Doing Law: The Theoretical Underpinnings and Practical Implications of Clinical Legal Education in Kenya.
  9. Mutual Legal Assistance, Cross-Border Investigations and Extradition of Offenders.
  10. Sustainability and the ivory trade; whither the African elephant? East African Journal of International and Comparative Law Vol1 2002. Page141 to 149.
  11. Reflections on the Implementation of Clinical Legal Education in Moi University, Kenya. International Journal of Clinical Education Edition No. 2 June 2002 at page 49-63
  12. An Inventory of Kenya’s Compliance with International Rights Obligations: A Case Study of the International Covenant on Civil and Political Rights. The East African Journal of Human Rights and Democracy Vol 1 no. 1 September 2003 at page 91-104.
  13. Taking a Bold Step towards Reform: Justifying Calls for Continuing Legal Education and Professional Indemnity. In Law society of Kenya Publication(2003)
  14. Understanding the East Africa Court Of Justice. The East African Lawyer, Issue no. 4  at page 17-25
  15. Terrorism: Justifying Terror in Kenya? The East African Lawyer, Issue no. 5 at page 18-22.
  16. “Alice’s Adventures in Wonderland”:  Preliminary Reflections on the Jurisdiction of the East African Court of Justice. The East African Journal of Human Rights and Democracy Vol 2 no. 2 June 2004 at page 94-103.
  17. Land Law and Tenure Reform in Kenya: A Constitutional Framework For Securing Land Rights                                                                                                                                                                                                                                                                                                                               
  18. A Commentary on Understanding the East African Court of Justice. The East African Lawyer, Issue no. 6 at page 52-56
  19. Where Medicine Meets the Law: The Case of HIV/AIDS Prevention And Control Bill 2003. The Advocate. At page 36-40.
  20. Illegal or Irregular Titles: Colloquial Overtones. Law Society of Kenya Journal Vol 1 No.1 page13-29.
  21. An Inquiry into the Inventory of Recommendations by the Ndungu Commission: Whither the Sanctity of Title? The East African Journal of Human Rights And Democracy Vol 3 no. 1&2 March/June 2005 at page 15-33.
  22. The Legal Profession in 2015: Rethinking the Challenges, opportunities & Threats, published in the Law Society of Kenya Journal, vol. 1 2005 No.2, pages 19 – 55.
  23. The Advocates Disciplinary Process-Rethinking the Role of the Law Society. The Lawyer. Issue no.78 page 15-16.
  24. Shortcomings of The National Social Health Insurance Bill 2004. The Lawyer, Issue no. 79. March 2005.
  25. Ramifications of a Customs Union for East Africa. The East African Lawyer, Issue no. 4 at page 17-25.
  26. The Case of ‘the other Woman’; Section 3(5) of the Law of Succession Act Revisited, published in the Law Society of Kenya Journal Vol 3 2006 No. 1, pages 69 – 80.
  27. Gender Question: Creating Avenues to Promote Women Rights after the Defeat of the proposed Constitution, published in the Moi University Journal Vol. 1 2006 No.1, pages 82 – 92.
  28. Of Mare Liberum and The Ever Creeping State Jurisdiction:  Taking an Inventory of the Freedom of the Seas. Published in the Moi University Journal Vol. 1 2006 No. 1, pages 105 – 131.
  29. Implementing Clinical And Legal Education In East Africa: The Case of Moi University.   Journal of African law (2006) Vol 50.
  30. The First 150 Days of Region Wide Practice in Kenya. The East African Lawyer, Issue no. 10 at page 26-31.
  31. Legal And Ethical Issues Surrounding HIV and AIDS: Recommending Viable Policy And Legislative Interventions. The East African   Lawyer, Issue no. 12 at page 19-24
  32. Implementing the New Partnership for Africa’s Development (NEPAD): evaluating the Efficiency of the African Peer Review Mechanism.  Published in the Moi University Law Journal, Vol 1, March, 2007 No.2 pages 34 – 64.
  33. Implementing the New Partnership for Africa’s Development (NEPAD): evaluating the Efficiency of the African Peer Review Mechanism.  Published in the Kenya law review, 2007 Vol 1, pages 81-119.
  34. Pitfalls in the Fight Against Corruption in Kenya; Corruption or Inertia?.  In Anti-Corruption and Good Governance in East Africa: Laying Foundations for Reform by  T. O. Ojienda eds pages 95 – 131. 
  35. Researching Kenyan Law. Hauser Global Law School Program. Found at    http://www.nyulawglobal.org/globalex/kenya.html
  36. Protection and Restitution for Survivors of Sexual and Gender Based Violence: A case for  Kenya. (with R. A. Ogwang and R. Aura). 90 Pages, ISSN 1812 – 1276.
  37. Legal and Institutional Framework of the TJRC – Way Forward. Published in the Law Society of Kenya Journal Vol. 6 2010 No. 1, pages 61 – 95.
  38. A Critical Look At The Land Question in the New Constitution in Nairobi Law Monthly. Volume 1 Issue No. 1 of 2010 pages 76 – 81.
  39. Book Chapter entitled “Land Law in the new dispensation” by P.LO. Lumumba and Dr. Mbondenyi  Maurice.
  1. “Conveyancing:  Theory and Practice” published by T.O. Ojienda and A.D.O. Rachier, Faculty of Law Moi University.
  2.  “Constitution Making And Democracy in Kenya edited by T.O. Ojienda. ISBN: 9966-9611-3-6
  3. The Dawn Of A New Era 2004 edited by Tom Ojienda, ISBN-9811-4-4.
  4.  “A General Introduction to the New Law of the Sea” Published by    T.O. Ojienda and Kindiki Kithure.
  5.  The Legal Profession and Constitutional Change in Kenya. 
  6. Anti-Corruption and Good Governance in East Africa: Laying Foundations for    Reform. Edited by Tom O. Ojienda and published by Law Africa Publishing (K) Ltd, Co-op Trust Plaza, 1st Floor, ISBN.9966-7121-1-9, 221 pages.
  7. Conveyancing Principles and Practice by Tom O. Ojienda and published by Law Africa Publishing (K) Ltd, Co-op Trust Plaza, 1st Floor, 521 pages.
  8. Conveyancing Principles and Practice by Dr. Tom O. Ojienda and published by Law Africa Publishing (K) Ltd, Co-op Trust Plaza, 1st Floor. (Revised edition)
  9. Professional Ethics by Prof. Tom Ojienda & Katarina Juma and published by Law Africa Publishing (K) Ltd, Co-op Trust Plaza, 1st Floor.    (Revised Edition). 195 pages.
  10. The Enforcement of Professional Ethics in Kenya (with Prof. Cox), Amazon Publishers, 2014
  11. Constitutionalism and Democratic Governance in Africa (with Prof. Mbodenyi), pulp publishers, 2013
  12. Mastering Legal Research, Law Africa, 2013
  13. Professional Ethics, A Kenyan Perspective, Law Africa 2012
  14. Anti-Corruption and Good Governance in East Africa, Law Africa, 2007
  15. Conveyancing Theory and Practice, Law Africa, 2002
  16. Land Law and Conveyancing: principles and practice
  17. Professional Ethics – A Kenyan Perspective
  18. The Road Not Taken – Property Rights in the Age of E-Conveyancing 
    1. November, 2001: Successfully chaired the Committee on the Review of the Law Society of Kenya Act and drafted the final Law Society of Kenya (Amendment) Bill 2001 which was partly incorporated into Statute Miscellaneous (Amendment) Act, 2002
    2. February, 2002: Appointed Researcher and Consultant for the Commission of Inquiry into Land Law Systems in Kenya (the Njonjo Commission) and duly mandated to undertake Research on customary tenure.
    3. April, 2002: Appointed Researcher and Consultant on National Task force on Legal Issues Relating to HIV/AIDS.
    4. May, 2002: Appointed to the Adhoc Reporting Committee of the National Task force on Legal Issues Relating to HIV/AIDS.
    5. June – July, 2002: successfully compiled and completed the Report for the National Task Force on   HIV/AIDS with proposed legislation.
    6. April 2005: consulted for the Kenya national commission on human rights (KNCHR) on The Review of Community Service Programme.
    7. January – September, 2005: Consulted for the National Land Policy Formulation Process.

1, Withdrawal-of-the-Finance-Bill-2019_Prof-Tom-Ojienda-SC_18-June-2019 

2, Presentation-on-Finance-Bill-2019_Prof.-Tom-Ojienda-SC_9-August-2019

3, Prof.-Tom-Ojiendas-Presentation-on-Finance-Bill-2019_22-August-2019

4, Submissions-Building-Bridges-Initiative_Prof-Tom-Odhiambo-Ojienda-SC_23-July-2019

5, PROF TOM OJIENDA SC_OF SILKS, SENIOR COUNSEL, QUEEN’S COUNSEL, HONOUR, POLITICS AND VALIDITY WITHIN THE LEGAL PROFESSION-WHITHER THE KENYAN MODEL_FINAL VERSION (1)

6, An Analysis of the General Prosecution Guidelines on the Decision to Charge, 2019_Prof Tom Ojienda SC_23 October 2019 

7, AN ANALYSIS OF THE CONFLICT OF INTEREST BILL, 2019_PROF. TOM OJIENDA, SC_23RD JANUARY 2020

8, MENTORSHIP IN THE KENYAN LEGAL PROFESSION BY PROF. TOM OJIENDA, SC, PRESENTED AT UoN SCHOOL OF LAW, KISUMU CAMPUS ON 30 NOV 2019.

9, AN ANALYSIS OF THE REPORT BY THE PRESIDENTIAL TASKFORCE ON BUILDING BRIDGES TO UNITY ADVISORY (“THE BBI REPORT”)_PROF. TOM OJIENDA, SC_19TH FEBRUARY 2020

10,’Staying Ahead of the Game!’- Prof. Tom Ojienda & Associates_ Top-Notch Law Firms by Business Daily, 28 February 2020, page IV

11, PROF. TOM OJIENDA, SC – AN ANALYSIS OF THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 3) BILL, 2019 – 6 MARCH 2020.pdf

12, THE IMPACT OF COVID-19 ON THE LEGAL SERVICES INDUSTRY IN KENYA-27 March 2020.

13, THE IDEAL COVID-19 (ECONOMIC ET AL.) RELIEF LEGISLATION FOR KENYA_PROF. TOM OJIENDA, SC_6th April 2020.

14, A CASE FOR THE REVIEW OF THE SMALL CLAIMS COURT (AMENDMENT) BILL, 2020_Prof. Tom Ojienda, SC_14th April 2020.

15, REFLECTIONS ON THE STRUCTURE AND LEADERSHIP OF THE SENIOR BAR IN KENYA-SOME THOUGHTS_PROF. TOM OJIENDA, SC – 19th May 2020

16,THE MEDIATION BILL, 2020-PROPOSED CHANGES TO CIVIL LITIGATION AND MEDIATION PRACTICE VERY PROBLEMATIC_BY PROF. TOM OJIENDA, SC-6th July 2020

17, SUBMISSIONS TO THE JUSTICE & LEGAL AFFAIRS COMMITTEE OF THE NATIONAL ASSEMBLY ON THE REVIEW OF THE MEDIATION BILL, 2020_ BY PROF. TOM OJIENDA, SC-10th July 2020

18, SUBMISSIONS TO THE SENATE ON THE PUBLIC PROCUREMENT AND ASSET DISPOSAL REGULATIONS, 2020 (LEGAL NOTICE NO. 69)-PUBLIC PROCUREMENT OF LEGAL SERVICES_PROF. TOM OJIENDA, SC- 4th June 2020

19, SUBMISSION OF A MEMORANDUM TO THE NATIONAL ASSEMBLY, FOR THE REVIEW OF THE SMALL CLAIMS COURT (AMENDMENT) BILL, 2020_PROF. TOM OJIENDA, SC_20th April 2020

20,CRIMINAL LIABILITY OF CORPORATE ENTITIES AND PUBLIC OFFICERS – REVISITING THE WALUKE CASE_BY PROF. TOM OJIENDA, SC_6th August 2020

21, A PRESENTATION BY PROF. TOM OJIENDA, SC-LAW SOCIETY OF KENYA LEGAL AWARENESS WEEK 2020 PANEL DISCUSSIONS – 12th October 2020

22, A CASE AGAINST THE INTENDED LAW SOCIETY OF KENYA ADVOCATES SOCIAL MEDIA USAGE CODE BY PROF. TOM OJIENDA, SC – 25 November 2020

 

 

1, LEGAL AUDIT REPORT OF MUMIAS SUGAR COMPANY LIMITED BY PROF. OTIENO-ODEK, PROF. OJIENDA & WANYAMA ADVOCATES (2011)

As partners in the firm of Prof. Otieno-Odek, Prof. Ojienda & Wanyama Advocates, we undertook a legal audit of Mumias Sugar Company Limited (MSC) touching on various areas of legal compliance. The Legal Audit Report running for 302 pages was successfully undertaken and duly submitted to MSC in 2011.  We have shared the Table of Contents and the Executive Summary of the Legal Audit Report below. The full Legal Audit Report can be availed only upon special request as MSC is a public company.

 

2, FINAL REPORT OF THE FORENSIC LEGAL AUDIT OF SOUTH NYANZA SUGAR COMPANY LIMITED (SONY SUGAR) BY PROF. TOM OJIENDA & ASSOCIATES (2013)

Prof. Tom Ojienda & Associates successfully undertook a Forensic Legal Audit of South Nyanza Sugar Company Limited (Sony Sugar) on various areas of legal compliance and duly submitted a Forensic Legal Audit Report running for 854 pages to Sony Sugar in 2013. We have shared the Table of Contents of the Forensic Legal Audit Report below. The full Forensic Legal Audit Report can be availed only upon special request as Sony Sugar is a public company.

 

3, REPORT OF THE FORENSIC LEGAL AUDIT REVIEW OF MUMIAS SUGAR COMPANY LIMITED (MSC) BY PROF. TOM OJIENDA & ASSOCIATES (2014)

Prof. Tom Ojienda & Associates successfully undertook a Forensic Legal Audit of Mumias Sugar Company Limited (MSC) covering various areas of legal compliance and duly submitted a Forensic Legal Audit Report running for 512 pages to MSC in 2014. We have shared the Table of Contents and the Bibliography of the Forensic Legal Audit Report below. The full Forensic Legal Audit Report can be availed only upon special request as MSC is a public company.