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INNOVATING LEGAL AND BUSINESS JUSTICE FOR KENYANS
The Constitution of Kenya has a progressive Bill of Rights with provisions such as Article 48 that obligates the government to guarantee the right to justice by ensuring the cost of justice does not thwart accessing justice. This provision is the anchor of legal aid in Kenya. In addition to this provision, the Parliament of Kenya enacted the Legal Aid Act to give effect to Article 48 of the Constitution. However, the Legal Aid Act has not yet been fully implemented. Thus, most of indigent cannot exercise their right of access to justice.
The “Justice Needs and Satisfaction in Kenya Report, 2017” estimated that between 17.2 and 17.9 million Kenyan citizens had experienced one or more legal problems in the four years preceding the survey and found that 63% of adult Kenyans with legal issues found themselves in a situation where they needed affordable legal services to enjoy access to justice. Crime, land problems, family-related disputes, employment problems and financial disagreements were the most frequent legal problems encountered.
The main challenges citizens encountered in Kenyan courts identified in the "Access to Justice in Kenya: experience and Perception Report 2020" included the inability to cover legal charges and fees, the failure a judge or magistrate to hear their pleas, their concerns not having been adequately addressed, the complexity of court processes and procedures, the inability to obtain legal counsel or advice and the lengthy delays for cases to be heard and decided.
About businesses and employment: the Constitution of Kenya 2010 and “Vision 2030” emphasise the role of youth employment in development. Addressed from the human rights and economic perspective, employment of Kenya’s youth is viewed as the key to their full development and as fundamental to the realisation of other rights and freedoms and to ensuring peace, well-being and economic prosperity. The Constitution of Kenya 2010 gave young Kenyans the legitimate expectation that their fear of unemployment after completing tertiary education had been resolved with the enactment of the National Employment Authority Act, No. 3 of 2016, promising to make real the wording and spirit of the Article 55 of the Constitution of Kenya 2010; and yet unemployment remains a significant challenge affecting youth across Kenya. Approximately 800,000 Kenyans enter the labour market every year, and youth unemployment is estimated to be as high as 35%, compared to the overall national unemployment rate of 10%. 80% of unemployed Kenyans are below age 35. Article 43 of the Constitution of Kenya 2010 provides for Economic and Social Rights.
In this context, enhancing Kenyan’s legal and business knowledge has been the major challenge in addressing the legal and business gaps and the injustices in both legal and business life. In order to close the legal and business justice gaps, the current system needs to be revamped. We must innovate and initiate new means to prevent or resolve justice problems. Cutting-edge technology is needed to make these services accessible to all strata of society.
The Cost and Procedure to Access Justice in Kenya
According to the Justice Needs and Satisfaction Survey, 20% of Kenyans for all financial classes opt not to strive to achieve a favourable resolution of the legal issue(s) they face and 48% attempt to settle their legal disputes informally via family, friends, church leaders or elders. The survey also found that 30% of Kenyans from the lowest income group and 10% from the upper stratum did nothing because the other party was more powerful.
Moreover, lower-income Kenyans are also more likely to say they did not pursue justice because of a lack of money (16%) compared to high-income groups (9%). In the Financial Year 2020/21, 356,997 cases were filed in all courts: 242,457 criminal cases and 114,540 civil cases. By the end of FY 2020/21, there were 649,112 pending court cases, comprising 293,605 criminal and 355,507 civil cases.
The court filing fee is expensive and beyond the reach of most Kenyans. Likewise, the court process and procedure are befuddling because they are complex, as can be seen in the attached documents below:
In late 2012, the Chief Justice asked the Law Society of Kenya (LSK) to subject the legal fees structure to public scrutiny, a suggestion the LSK opposed. According to the Advocate's Act, Cap 16, any advocate who accepts less than the scale fee is liable to a fine of not less than Ksh100,000 ($803) or imprisonment of up to two years for having put clients’ interest over self-enrichment.
Under the formal court system, the minimum filing fee for a civil dispute in the Magistrates Courts is Ksh. 2,000, while the minimum instructions fee under the Advocates Remuneration Order, 2014, is Ksh 10,000 for proceedings in the subordinate courts whose value does not exceed Kshs. 50,000. Advocates must per the scale fee as per the rules, charge an hourly rate or enter into agreements with their clients so long as the prices negotiated are not less than Ksh10,000.
The regulations prohibit advocates from agreeing to charge fees at a scale lower than the prescribed fee. Kenya's lawyers have since raised their fees by nearly 50 per cent, further impeding access to justice. These rules contravene Article 23 of the Constitution, which declares:
Enforcement of Bill of Rights:
1.Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed, or threatened.
2. In addition to a person acting in their interest, court proceedings under clause (1) may be instituted by
a. a person acting on behalf of another person who cannot act in their name;
b. a person acting as a member of, or in the interest of, a group or class of persons;
c.a person acting in the public interest; or
d. an association acting in the interest of one or more of its members.
3. The Chief Justice shall make rules providing for the court proceedings referred to in this Article, which shall satisfy the criteria that-
a. the rights of the standing supplied for in clause (2) are fully facilitated;
b.formalities relating to the proceedings, including the commencement of the proceedings, are kept to the minimum, and in particular that the court shall, if necessary, entertain proceedings based on informal documentation;
c. no fee may be charged for commencing the proceedings;
d. the court, while observing the rules of natural justice, shall not be unreasonably restricted by procedural technicalities; and
e. an organisation or individual with particular expertise may, with the leave of the court, appear as a friend of the court.
4. The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article and to have the matter heard and determined by a court.
In addition, Article 159 of the Kenyan Constitution, 2010 states that:
1. Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.
2. In exercising judicial authority, the courts and tribunals shall be guided by the following principles-.
a.Justice shall be done to all, irrespective of status;
b. justice shall not be delayed;
c.alternative forms of dispute resolution, including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms, shall be promoted, subject to clause(3);
d. justice shall be administered without undue regard to procedural technicalities, and e. the purpose and principles of this Constitution shall be protected and promoted.
3. Traditional dispute resolution mechanisms shall not be used in a way that-
a. contravenes the Bill of Rights;
b. is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
c. is inconsistent with this Constitution or any written law.
The sad reality is that the Constitutional provisions that make access to justice a fundamental human right is a mirage. Only through innovative approaches using technology will bridge the gap for the benefit of the 53 million Kenyans who face legal challenges.
The overall objective of the project is to enable all Kenyan to access legal and business services online by offering advice and representation with follow-up services supported by technology, to imbue the youth with legal and business knowledge for little out-of-pocket cost by guiding them on the use of the correct template(s); thereby creating a sustainable business to attract investors who will generate thousands of jobs within in the near term.
The Innovative Approach
With over 70,000 freely downloadable and high-quality, customisable, smart templates/forms to be used as often as needed and flexible enough to be modified to fit the need, the company's website offers a one-stop legal and business service centre with 98% of Rayness Analytica’s website's content focusing on Legal, Business, Real Estate, Personal, Arts and Media issues. As a result, Rayness Analytica is revolutionising the legal and business industry. With cutting-edge technology we offer unparalleled services without subjecting our clients to lawyers' mandatory exorbitantly high fees. To demonstrate how it works:
How It Works For Users or Clients;
Follow these instructions:
- Click the following website link, com.
- Once on the website's homepage, an ONLINE brown chat box will appear at the bottom right side of the screen;
- click on the chat tab, insert NAME, EMAIL and PHONE NUMBER, and
- proceed when ready, letting us know the issue(s) and eliciting HELP from our lawyers and business specialists.
- We may also be contacted via the green Whatsapp button at the bottom left side of the screen.
After receiving a completed enquiry form, identifying the issue and providing contact points via our messaging system or email, we aim to revert within 24 hours. For example, if someone has an issue that should be litigated, we will guide them to the correct link with free customisable pleading templates and information, like this: https://raynessanalytica.com/product/plaint-templates/. The templates cover all conceivable areas of legal action in Kenya. With the above, any literate Kenyan should be able to use the website and access legal and business information and customisable documents freely without physically going to any lawyer's office. But when users cannot do the legal or business paperwork themselves and wish to engage our expertise, we offer premium services.
For our premium paid online services, one may order via the ORDER NOW page, where the prices and types of services are listed in the following categories: 1) Analytics, 2) Contracts, 3) Employment, 4) Finance, 5) Forms and Reports, 6) Human Resource, 7) Job Interview, 8) Law Practice, 9) Lease Agreements, 10) Letters, 11) Marketing, 12) Marriage, 13) Notices and Letters, 14) Operations, 15) Project Management, 16) Property Management, 17) Real Estate Transactions, 18) Rental Application, 19) Time Management. In addition, if those with a litigation issue want to engage our services to customise the pleadings (without our lawyers representing them), they may pay online via this link: https://raynessanalytica.com/product/plaint-drafting/
The premium services sections are designed for users to make a legal or business request order by providing their name, country, phone number, email, and notes about the requested order and they may upload files. The price of the services is already listed and automated. Once done with filling in their details, they then tick to agree to the website's terms and conditions, allowing them to place an order and proceed to the checkout point for payment via various modes such as Visa, Mastercard or Mobile Money. This option may be practically tested via this link: https://raynessanalytica.com/product/plaint-drafting/
Once a request order is placed successfully, the user/client/customer will receive an email confirmation, which will be copied to our firm’s email, notifying us about the order details. We will then work on it and deliver it in short order. Unlike the physical law firms, where clients must physically visit a brick-and-mortar office to get access to their files, our clients' files can be accessed online by the clients using their account credentials via this link, Client Login - Rayness Analytica | Online Business Lawyers. To learn more about the sectors that the templates cover, see: Legal and Business Templates.
Rayness Analytica's online payment system uses iPay Transaction Processing Company which we consider one of the safest and most credible online payment companies in East Africa for the safety of our users' credit and debit cards.
How Our Team Members Work Remotely;
The company's team members have an installed app called “Tawk.to” on their smartphones or laptops. It is the app behind the website's online live chat tab. When anyone visits the site, the team members are alerted to the specific website pages being visited. When the user sends a message, it will appear on the team member’s devices, and one of the team members will respond as soon as possible, usually in a matter of minutes if during working hours.
Sustainability of the Project
The project is an online legal and business consultancy that is live and running but has not yet reach the stratosphere. The company's website has about 13,000 resourceful web pages, categorised into legal, business, real estate, personal, arts and media. The website is 98% informational and 2% transactional. The transactional part is what will sustain the project. The target audience for the transactional part is mainly business people who want to establish or expand a business in East Africa. So kindly support our clients by donating whatever amount you are willing to contribute to put this website on top of Kenya's Search Engine Result Pages (SERPS) by using channels like Search Engine Optimisation (SEO) and social media marketing and advertising amongst other channels to achieve our goal of enabling every single Kenyan access legal and business service online, mostly freely or at affordable price.
On our clients’ behalf and ours, we thank you for your generosity. One need not donate an enormous amount because a little from many amounts too much. After all, as the Chinese saying astutely states: “A journey of a thousand li begins with the first step.” So, please take that step so that employment may be generated for Kenyans. Asante sana! (Thank you very much! Merci beaucoup! Danke vielmals! Tack så mycket! ¡Machismas gracias! Mille grazie! Shkraan jzylaan! Domo arigato! Xiexie ni! )
RAYNESS ANALYTICA PROJECT FOUNDERS
Mr Nduga's practice areas comprise Civil and Commercial Law; Environmental law, Estate Planning; Personal Injury; Industrial Action, Employment Law; Business Law; Immigration; Constitutional Law, and Public Interest Litigation.
EXPERIENCE AND INTERESTS
Mr Raymond Nduga specialises in legal tech, commercial and corporate law, tax law, banking, insurance and securities law, investment law, employment law, immigration law, and real estate and construction law. Experience and critical thinking play an essential part in his practice. In addition, he is an ardent business negotiator.
A considerable part of Raymond's professional life has involved working with entrepreneurs, as well as the entrepreneur himself. His mentorship by Timothy E. Leahy (a retired US and Canadian lawyer) on matters of business platforms gives him unique insight into innovative companies' challenges. He is currently developing an online system for legal and business consultancy services that integrate legal advice with business considerations that could significantly impact the success of these types of organisations.
Also, Mr Nduga is the director of RAYNESS ANALYTICA, LLC, an online legal and business consultancy with over 70,000 free downloadable templates in every discipline. He has also been involved in various consulting assignments, including preparing due diligence reports, mergers and acquisitions, and other similar projects. He likes reading novels. He reads everything! His best novel read is THE FIRM by JOHN RAY GRISHAM. The 5th Floor of The Firm, Bendini, Lambert & Locke, was Amazing! DeVasher! "No Pursuit is Trivial if Just."
A young career-minded lady with commitment, integrity, teamwork skills, and effective communication abilities who takes great interest in becoming a successful leader. Ms Dorris majors in insurance and matters academic/education research (research proposals, thesis).
Ms Dorris is a graduate of The University of Nairobi with a master's degree in International Relations degree in International Relations and a graduate of Daystar University with a degree in Mass Communication and Journalism. To add to her professional life and skills, she holds a Certificate of Proficiency by passing the College of Insurance exams, qualifying her as an insurance specialist.
EXPERIENCE AND INTERESTS
Ms Dorris has an experience in bancassurance. She has worked for Faulu Bank, Ecobank, Diamond Trust Bank, and Cooperative Bank. Some of her roles were:
- Financial advising;
- Routinely follow up with clients to ensure a high level of customer service:
- Manage and direct sales of various insurance products provided by banks;
- New client prospecting;
- Product marketing through activations and brochures;
- Attain and expand new and existing businesses to build a solid API base.
INNOVATION & BEST DELIVERY. WE CREATE. DISRUPT. DELIVER.
SHAMELESS SELF PROMOTION