Desktop Publishing Guidelines for the Kenya Law Reports Books

Kenya Law Reports Layout Guidelines Nov 2009

DESKTOP PUBLISHING GUIDELINES FOR THE KENYA LAW REPORTS BOOKS

1.0 INTRODUCTION

This document covers the layout aspects of the Kenya Law Reports, these guidelines are to be followed during the layout process of the Kenya Law Reports book. The KLR book consists of two segments

1. The Report

2. The Cases

2.0 LAYOUT OF THE REPORT

The Report in context of the Kenya Law Reports book refers to the first section of the book that contains a compilation of the lists arranged in a systematic manner for ease of reference. Numbering of pages of the report is done in roman numerals.

The following sections constitute the report.

The Title of the Book - This is page one and two of the book

The scope of the series– This page has a brief of the contents contained in the book, the citation of the book, ISBN Number, Name of the publisher and Printer

List of the Council Members – This is a list of the council members

The Editorial team – This is a list of names of the team that worked on the book and the copyright statement.

The Table of Contents– This is alist of divisions (chapters or articles) in a book or a publication and the pages on which they start.

Superior Courts of Record (for the year of publication and the year being reported)

The superior courts of record are listed in order of seniority, and the lists are arranged alphabetical order.

Where a judge resigns or retires from duty in the year the publication is to be produced they shall be included in the list of judges, provided that as at 1st of January of that year they were a sitting judge of the relevant court of record.

PARAGRAGRAPH STYLE APPLIED

Section / Font / Size / Style / Alignment / Paragraph Style Applied
Header Title / Times / 10 / Bold / Center / Header
Page Number on header / Times / 10 / Bold / Center / Header
Title of the Book / Times / 14 / Bold / Center
Titles e.g. citation ,Scope of series, Council for Law reporting, table of contents, superior courts of record / Times / 12 / Bold / Center / Header
Name of Council Member/ Editorial team / Times / 10 / Bold / Center / Normal
Table of Content Text / Times / 10 / Bold / Normal
Superior Courts of Record – Judge’s names / Times / 9 / Regular / Judges
Other text / Times / 10 / Regular / Center / Normal

Table of Cases Reported

These are lists of cases reported in KLR volume. They consist of Parties and the Case Number. The Parties should be bold while the case Number should be Regular. Cases should also be put in reverse order for ease of referencing. All the cases reported are sorted alphabetically and all the page numbers aligned right.

Examples of Reverse order:

Baya v Republic Criminal Appeal No 93 of 2000 ……………………….……… 376

Republic, Baya v Criminal Appeal No 93 of 2000 ……………………….……… 376

Example of a list sorted alphabetically

Table of Cases Judicially Considered

These are lists of cases referred in the reports in a KLR volume. They consist of Parties and reports. The text should be regular while the Parties should be Bold Italics. . All the cases judicially considered are sorted alphabetically. All the page numbers are aligned right.

Examples

Table of Texts Cited in the Judgment

These are lists of texts referred in the reports in a KLR volume. They consist of Editor, Year of Publication, Title of Book/ Journal, City of Publication, Publisher, Edition, Page No., Para. The text should be regular while the Title should be Bold Italics. All the Texts Cited in Judgments are sorted alphabetically. All the page numbers are aligned right.

Examples

International Instruments Cited in the Judgments

These are lists of International Instruments referred in the reports in a KLR volume. They should be sorted alphabetically. All the page numbers are aligned right. Formatting applied similar to texts cited in the judgment formatting above.

Table of Statues Cited in the Judgments

These are lists of statutes referred in the reports in a KLR volume. . All the Statutes cited in Judgments are sorted alphabetically. All the page numbers are aligned right. The title of the Act should be bold.

Examples

Abbreviations

These are generated from a list of cases referred. Abbreviations are normally used to shorten words that might appear rather too long when used in a certain context. The text format is regular and the abbreviated part is bold. Abbreviations should be sorted alphabetically

Examples

Digest of Cases

This is extracted from a list of all catchwords which forms part of the edit used in the KLR volume. The digest is first sorted alphabetically

PARGRAPH STYLES APPLIED

Lists / Font/Size / Style/Alignment / Paragraph Style/Applied
Cases Reported / Times 10 / Regular Justify / Cases Reported
Cases Judicially Considered / Times 10 / Bold Justify / Cases Referred
Texts Cited in Judgments / Times 10 / Bold Justify / Texts Referred
Statutes Cited in Judgments / Times 10 / Bold Justify / Stats considered
International Instruments Cited in Judgments / Times 10 / Regular Justify / Stats considered
Abbreviations / Times 10 / Regular Justify / Normal
Digest of `Cases / Times 10 / Italics Justify / catchwords

3.0 KLR LAYOUT OF CASES

The cases reported in KLR contain two main sections; the Edit and the Judgment. These two sections should be combined in one document and saved in rich text format(rft). Immediately after placing the document in indesign/ page maker from word, apply the normal paragraph style to get rid of any foreign styles that may have been carried over from MS word.

3.1The Edit

This is a summary of the actual judgments which is done by the editorial department, the edit contains the following sections

i)The introductory section:-

Parties
Date of Delivery
Court station
Coram
Case Number
Case History

ii)The body of the edit

The catch words
The summary of facts
The holding
The decision

3.2The Judgment / Ruling

4.0 SETTING OF THE KLR BOOK TEMPLATE

Document margins

Width 5.5in

Height 9.05in

Margins & Columns

Top 1.125in

Bottom 0.75

Inside 0.5

Outside 0.5

Gutter 0.1667

Section / Font / Size / Style / Alignment / Paragraph Style Applied
HEADER
Header Title / Times / 10 / Bold / Center / Header
Page Number on header / Times / 10 / Bold / Right / Header
Book Citation / Times / 10 / Bold / Right / Header

MASTER PAGE 1

MASTER PAGE 2

THE EDIT

Odoyo v K’Ombudo

Court of Appeal, at Kisumu January14, 1993
Gachuhi, Masime & Gicheru JJ A

Civil Appeal No 118 of 1990
(Appeal from the judgment of the High Court of Kenya at Kisumu
(Mr Justice R S C Omolo) dated 10th May, 1989, in
Civil Case No 59 of 1988)

Defamation – slander – whether a statement may be defamatory even though its recipient may know that it is unfounded – relevance of the recipient’s knowledge in the assessment of damages -words implying that the appellant was planning to commit the offence of murder – words uttered in the presence of the appellant’s family - whether the imputation was a slander actionable per se without proof of actual damage – discretion of a trial court in determining the award of damages – exemplary damages – circumstances in which exemplary damages may be awarded - Defamation Act (Cap. 36) section 3
This appeal arose from the decision of the High Court (Omolo J) in a suit filed by the appellant claiming damages in defamation against the respondent. The appellant complained that he had been defamed in the presence of his wife and daughters when the respondent had accused him of planning to commit murder.
The High Court noted that the words complained of were defamatory and acknowledged that the appellant had held numerous public offices. The Court observed, however, that the words complained of had been published to a very limited group of people who, in any event, had not believed them. The Court also considered that the fact that the group had not believed the slander was relevant in the assessment of damages.
Held:
1. The award of damages is a matter within the discretion of the trial court. However, as this was a first appeal, it was incumbent upon the Court of Appeal to scrutinize and re-evaluate the whole evidence adduced at the trial and to make its own independent findings thereon.
2. The respondent had, in the presence of the appellant’s family, accused him of planning to commit the offence of murder. The words were defamatory of the appellant in their ordinary meaning and amounted to a slander which was actionable per se without the need to prove actual damage.
3. The High Court had committed misdirection. A statement may be defamatory even though its recipient may know that it is unfounded. Contrary to the respondent’s argument, the appellant’s relations with his family as husband and father had been brought into question by the imputation to him of a plot to murder the respondent. This fact was relevant to the assessment of damages not for the purpose of minimizing the damages but for enhancing them.
4. The High Court had misapprehended the evidence when it appeared to express doubts about the appellant’s social standing.
Award of damages enhanced to Kshs. 40,000.

PARAGRAPH STYLES FOR THE EDIT

Section / Font / Size / Style / Alignment / Paragraph Style Applied
EDIT
Parties / Times / 14 / Bold / Center / Parties
Court Station
HC - High Court, at Nairobi
CA- Court of Appeal, at Nyeri / Times / 10 / Regular / Left / Normal
Date
Date format should be mm/dd yr i.e March 29, 2007 and should always be on the same line with the court station tabbed to the right / Times / 10 / Regular / Left / Normal
Coram
HC- Judge J i.e. Wendoh J
CA - Judge JA i.e Omolo JA
More than one judge
HC- Judges JJ i.e.
Wendoh & Kimaru JJ
CA –Judges JJ A i.e.
Omolo, Tunoi & GithingiJJ A / Times / 10 / Regular / Left / Normal
Case Number / Times / 10 / Regular / Center / Case Number
Case History / Times / 10 / Regular / Center / Case Number
Catchwords
1) First phrase of the catchwords of each paragraph / Times
Times / 10
10 / Italic
Bold italics / Justify / Catchword
Titlesi.e. Held: / Times / 10 / Bold / Left / Title Bold
Holdings / Times / 10 / Regular + Numbered / Justify / Numbering
Decision / Times / 10 / Italic / Decision

TECHNICAL SECTION

Cases
1. Sara Longwe v International Hotels [1993] 4 LRC 221
2. Matiba v Attorney General Nairobi High Court Miscellaneous No 613
of 1999
3. Anarita Karimi Njeru v Republic (No 1) [1979] KLR 154
4. Cyprian Kubai v Mwenda NBI HC Miscellaneous No 615 of 2002
5. Attorney-General v Lawrence[1985] LRC 921
6. R (Morris) v Westminister City Council and the First Secretary of State
[2004] EWHC 2191
Texts
1. Soanes, C, Stevenson, A (Eds) (2004) Concise Oxford English
Dictionary Oxford: OxfordUniversity Press 11th Edn
2. Black, HC, et al (Eds) (1999) Black’s Law Dictionary St Paul Minnesota:
West Publishing Co 7th Edn p 1180
Statutes
1. Children Act, (Act No 8 of 2001) sections 5, 23(1), (2), 24(3), 25
2. Constitution of Kenya sections 82(1), (2) (3) (4) (6), 84, (1), 123
3. Children and Young Persons Act (cap 141) [Repealed]
International Instruments
1. United Nations Convention on the Rights of the Child, November 1989
articles 2, 2(1), 3, 18(1), (3)
2. African Charter on the Rights and Welfare of the Child articles 2, 3
3. Convention on the Elimination of All Forms of Discrimination Against
Women 18th December 1979 articles 2, 16(1)(d)
Advocates
MrMwangiNjorogeSeniorState Counsel for the Attorney General
Mr Kajwang for the Applicant
Ms Millie G A Odhiambo for CRADLE (IP)
Jane Wambui Kamangu for CRADLE (IP)
Hellen Kwamboka for FIDA (IP)

PARAGRAPH STYLES FOR THE TECHNICAL SECTION

Section / Font / Size / Style / Alignment / Paragraph Style Applied
TECHNICAL
Titles i.e Cases, Text, Statutes, International Instruments, Advocates / Times / 10 / Bold / Left / Title Bold
Cases referred to
1)Parties
2)Reports / Times
Times
Times / 10
10
10 / Regular + Numbered
Italics
Regular / Justify / Numbering
Texts
1) Editor
2) Year of Publication
3) Title of Book/ Journal
4) City of Publication
5) Publisher
6) Edition
7) Page No.
8) Para / Times
Times
Times
Times
Times
Times
Times
Times
Times / 10
10
10
10
10
10
10
10
10 / Regular
Regular
Regular
Italics
Regular
Regular
Regular
Regular
Regular / Justify / Numbering
Statues Referred – Text / Times / 10 / Regular / Justify / Numbering
International Instruments / Times / 10 / Bold / Justify / Numbering
Advocates
1) Name of Advocate / Times
Times / 10
10 / Regular
Italic / Justify
Justify / Numbering

THE JUDGMENT

March 29, 2007, Wendoh J delivered the following Ruling

The 1st and 2nd Respondents, Samuel Ngunu Kimotho and Maaka Mukuhi Mugweru filed a Notice of Preliminary Objection to the Petition that was filed by the Petitioner, Gichuhi Kimira. The Preliminary Objection comprises the following grounds
1. That the issues raised in the suit are res judicata;
2. That the Plaintiff’s suit is an abuse of the court process as another case on the same subject matter has been heard fully and determined both in the High Court and by the Court of Appeal.

PARAGRAPH STYLES FOR THE JUDGMENT

The introduction sentence before every Judgment/ Ruling should appear as follows;

March 29, 2007, Wendoh J delivered the following Judgment /Ruling

In the case of more than one judge the introduction sentence should be appear as follows if all the sitting Judges delivered one ruling/ judgment;

March 29, 2007, the following Judgment / Ruling of the Court was delivered

In the case where the sitting judges each delivered a decision the introduction sentence should appear as follows than followed by the decision made by the most senior sitting Judge

March 29, 2007, the following Judgments / Rulings were delivered

Omolo J A …….

Section / Font / Size / Style / Alignment / Paragraph Style Applied
JUDGMENT
Introduction name of Judge / Times / 10 / Regular / Justify / Normal
Judgment Body / Times / 10 / Regular / Justify / Normal
Quotes within Judgment / Times / 10 / Regular / 0.5 tabbedto the right / Quote
Numbering within the judgment / Times / 10 / Regular / Left / Numbering

Compiled & Drafted by C. Moni

January 2010.

Last updated: October 1st, 2010 by M. Achode