THE CONSTITUTION OF

THE UNIVERSITY OF NAIROBI

LAW JOURNAL
Contents
PREAMBLE ...........................................................................................................................3

PART ONE - INDEPENDENCE .........................................................................................4

PART TWO - OFFICES .......................................................................................................5

PART THREE - MEETINGS.............................................................................................11

PART FOUR - APPOINTMENT .......................................................................................13

PART FIVE - FINANCES ..................................................................................................14

PART SIX – AMENDMENT & MISCELLANEOUS .....................................................15

PART SEVEN – DISCIPLINARY PROCEEDINGS ......................................................15

SCHEDULE 1. .....................................................................................................................16
 PREAMBLE

Preamble WE the members of the University of Nairobi Law Journal’s

Editorial Board;

AWARE that ours is an institution in an intellectual setting;

RECOGNIZING that due to such a status we are called upon to

research and engage in issue oriented discourse with a view to
recommending changes to the existing social, economic and
political institutions;

NOTING WITH APPRECIATION that already our alumni have

bequeathed to us a forum to air our society’s view courtesy of the
publication, the University of Nairobi Law Journal;
CHALLENGED that the best way forward is to keep up the spirit
or research, discourse and publishing both the students and the
lecturers of the University of Nairobi;

Do hereby on this 12th day of October 2018 declare this

constitution, the Constitution of the University of Nairobi Law
Journal.
 PART ONE - INDEPENDENCE

Article 1 This Constitution shall be the governing law of the University of

Nairobi Law Journal (UNLJ). Any policy, rule or by-law
inconsistent with this constitution shall be null and void to the
extent of its inconsistency.

Article 2 The Law Journal shall be guided by the Principles in the Constitution
of Kenya, 2010. It shall be guided by the tenets of ethics, rules of
procedure and good governance.
Article 3 The UNLJ shall be an independent and stand-alone entity. It shall
not be subject to direction, interference or administration from the
University of Nairobi Administrative organs or clubs and societies
save from when and how it is provided herein.

Article 3 The objective of the UNLJ shall be:

To publish high-quality legal journals on emerging issues, which
are valuable to legal practitioners and present a pool of knowledge
for learners.
To foster the growth of legal research and writing skills amongst
academics and learners.
To create a platform through which scholars can air their views on
current legal issues.

The mission of the UNLJ shall be to promote legal discourse by

way of promoting legal research and writing and enhance access to
exceptional, cutting edge nuanced, and peer-reviewed texts with a
focus on the Kenyan jurisdiction.

Article 4 The Affiliate bodies to the UNLJ shall include, but not limited to;
SALAR, Moot Court Society, The University of Nairobi Printing
Press, East Africa Law Journal
 PART TWO - OFFICES

Article 5 (a) The affairs of the UNLJ shall be conducted by the Editorial
Board, which shall consist:

(i) The Editor-in-Chief;

(ii) The Managing Editor;
(iii) The Marketing Editor;
(iv) The Production Editor;
(v) The Research Editor;
(vi) The Finance Editor;
(vii) The Head of Law Review;
(viii) Six Law Review Editors; and
(ix) Twelve Associate Editors

(b) The following positions shall also be established within the UNLJ;
(i) The Patron

(ii) The Executive; and

(ii) Special Editors (shall include the consulting and

Advisory Editors)

Article 6 There shall be established the office of the Editor-in-Chief who

shall;

(i) Be the Chief Executive Officer of the UNLJ

(ii) Chair all Board meetings and shall be in charge of all the
affairs of the UNLJ.
(iii) Have ancillary powers to act on behalf of the Board in time
of emergency and related cases.
(iv) Develop the working policy for the UNLJ as well as the
Action Plan for the calendar year.
(v) Be the liaison between the UNLJ and the administration as
well as external partners.
 (vi) Oversee the overall performance of UNLJ and develop bi-
annual reports with regard to the progress of the UNLJ.
(vii) Appoint Chairs to various committees
(viii) Have the power to create such departmental offices as shall
be necessary for the proper functioning of the various
departments, provided that, such established offices shall
only be valid upon the approval by the Board by a vote of
simple majority.
Any Board member shall have a right to propose the creation
of such offices.

Article 7 There shall be established the office of the Managing Editor

whose duties shall be;

(i) To Manage the daily affairs of the UNLJ Editorial Board

(ii) Deputize the Editor-In-Chief in their absence
(iii) To coordinate all Editorial Board meetings
(iv) To develop the By-laws necessary for the performance of
the Law Journal
(v) To take the minutes of the meetings and reports adopted
(vi) Oversee the performance of the Board members; and
(vii) Any other duty as may be assigned by the Editorial Board
(viii) Unless the context otherwise requires, all correspondence
of the board shall be addressed to the Managing Editor

Article 8 There shall be established the office of the Marketing Editor

whose duties shall be:

(i) To ensure visibility, online presence and publicity of the

Journal
(ii) Developing Partnership agreements to the extent of moving
the UNLJ products and ensuring their circulation
(iii) Maintaining the social media accounts, the event activation
material
 (iv) Organizing events with the view of promoting thematic
areas that the Board adopts
(v) To keep all journals that are ready and waiting for sales and
distribution (both in hard and soft copy) or any other
material entrusted to him/ her for safe custody;
(vi) To effect and promote the sales of the publications of the
UNLJ
(vii) Maintain the sales records and remit the funds thereto to the
Finance Editor.
(viii) To formulate the marketing policy and to ensure that the
same is implemented; and
(ix) Any other duty as may be assigned by the Board

Article 9 There shall be established the office of the Research Editor

whose duties shall be;

(i) To source, collect and compile articles and other materials

for publication;
(ii) To develop and update the Editorial Policy;
(iii) To ensure that the UNLJ publication has the proper
standards;
(iv) To store, keep and maintain any plates, copies, diskettes,
CDs or any software of present, past or future publications;
(v) To encourage and promote research and writing amongst
the students of the University of Nairobi faculty of Law;
(vi) To, depending on the circumstances obtaining, source for
papers and presentations given at conferences, seminars
and any such for publication in the UNLJ;
(vii) To, depending on the context, organize symposia and
conferences and ensure that materials presented therein are
published; and
(viii) Any other duties as may be assigned by the Editorial Board
Article 10 There shall be established the offices of the Production Editor
whose duties shall be;

(i) To ensure the professional typesetting of any issue of the

UNLJ
(ii) To supervise and oversee the whole process of printing and
production of any issue of the UNLJ;
(iii) Production of any other materials and/or objects as from
time be required by the Board and;
(iv) Any other duty as may be assigned by the Board

Article 11 There shall be established the office of the Finance Editor who
shall;

(i) Develop the accounting policy necessary for the

performance of the Law Journal
(ii) Be in charge of the finances and a signatory to the financial
accounts
(iii) Authorize financial transactions and procurement (s)
(iv) Report regularly to the Board on the liquidity status of the
Law Journal.
(v) Develop an effective and sustainable financial accounting
system and an annual fiscal year budget.
(vi) Ensure the proper keeping of books of accounts. In
particular, the following books of accounts shall be kept
annually; the cashbook, receipt and payment account,
income and expenditure account
(vii) Present the financial statements and all books of account to
the Executive Editor at least once a year for auditing.
(viii) Avail Periodic returns of the Board’s financial affairs to the
Executive Editor as and when required.
(ix) Avail the book of accounts for inspection at the request of
any Board member at any time.
 (x) Subject all expenditures of the UNLJ for approval by the
Editorial Board.

Article 12 There shall be established the office of Head of Law Review who
shall perform the following;

(i) Supervise, monitor and participate in the review process of the

fortnight publications and the journal. He shall collaborate on
the same level as the Productions Editor.

(ii) In the capacity of an Editor, shall actively participate in the

process of writing, editing, and review of the law journal and
fortnight publications.

(iii) Any other functions as shall be assigned by the Board.

Article 13 There shall be established the offices of Law Reviewers who

shall;

(i) Be six (6) in number;

(ii) Peer Review fortnight publications of the Parklands Diary/
Magazine; and
(iii) Perform any other duties as assigned by the Board.

Article 14 There shall be established the offices of the Associate Editors

who shall;

(i) Be twelve (12) in number;

(ii) Assist in the peer review of Quarterly Publications for the
Board; and
(iii) Perform any other function as assigned by departmental
heads under their respective departments.

Associate editors shall, unless the context requires, comprise two

(2) undergraduate students from Mombasa Campus, (2)
undergraduate students from Kisumu Campus and (2)
undergraduate students from the evening classes.
Article 15 There shall be established the UNLJ Patron who shall;

(i) Be a Faculty Representative from the University of Nairobi;

(ii) Ensure the programs of the UNLJ are effectively realised;
(iii) Provide the requisite aid with regard to securing external
partners, attaining proper certification standards, and
bridging the gap between students and professionals;
(iv) Advise the UNLJ on the various issues that may pose
challenges and also on the best approaches to projected
goals.

Article 16 There shall be established the Special Editors who shall constitute;

(a) Consulting Editors

(i) The Editorial Board may appoint up to 5 persons who shall
serve as Consulting Editors. These Editors may be appointed
from the lecturers of the University of Nairobi, the journal
alumni or any other qualified persons. Such persons must be
notified in writing.
(ii) Consulting Editors shall be persons with experience in
writing and publishing and should be readily available to the
Board to offer advice when needed.

(b) Advisory Editors

(i) The Editorial Board may appoint up to 3
persons respected internationally for their
intellectual achievements as Advisory Editors.
Such persons must be notified in writing.

(c) The Editorial Board, in liaison with the Assistant Dean

of Students, shall appoint any administrative officer of the
University of Nairobi to serve as the Outside Executive
Editor.
 (i) The Outside Executive Editor shall assist the
Editorial Board to prepare the books of
accounts and other financial records. He/she
shall ensure transparency and accountability in
the management of UNLJ accounts/funds.

(d) The Dean, Faculty of Law, University of Nairobi, or any

other person appointed by him/her may sit in the Editorial
Board of the UNLJ in an ex-officio capacity. Such persons
may contribute but are not entitled to vote in Editorial Board
meetings.

PART THREE - MEETINGS

Article 17 (a) The UNLJ shall have three categories of meetings;

i. The Executive Board Meeting

ii. The Departmental Meeting
iii. The Special Meeting to include the Annual General
Meeting

(b) The Executive Board Meeting includes the Editorial Board

Meeting.

i. The Editorial Board Meeting mandates all Editors except

the Associate Editors to attend all meetings of the Editorial Board.

ii. The Editors have a right to participate in all the meetings of

the Editorial Board.

iv. The Editorial Board Meeting may be for the

deliberations for the thematic areas, call for abstracts,
call for papers, planned events and review of
submitted articles.
 iv. The Executive Board meeting shall be for the deliberations
of the fiscal year, administrative and policy decisions, passing and
adopting resolutions.

ix. The Board Meetings shall vote with a simple majority.

Its decisions shall be binding.

v. The quorum for both meetings shall be one third of the

Board members.

viii. The Editorial shall, unless the context otherwise requires,

meet at once a month.

(c) The Departmental meetings shall consist of the members of

the various committees/ departments set up. They shall;

i. Deliberate over the relevant subject matters;

ii. Meet upon request by the Head of Department;

iii. Make recommendations and forward to the Board for

review and approval.

(d) Special Meetings shall be called by the Editor-In-Chief

i. The subject matter may be as determined by the Editor-

In-Chief, or in their absence the Managing Editor

ii. The Special Meetings include the editorial process

before publication and may be initiated by the Productions Editor
or the Research Editor
 iii. Upon giving sufficient notice to members, any Board
Member may call for a special meeting through the Managing
Editor.

iv. The AGM shall be called upon as per the schedule

PART FOUR - APPOINTMENT

Article 18 (a) Admission of new members to the Editorial Board shall be

done in such a manner as may be prescribed by the Editorial
Board so long as the method adopted is open and transparent. In
exercising this discretion, the Editorial Board shall have regard to
the following qualities and guidelines:

(i) Intergenerational equity;

(ii) Gender balance and equity;
(iii) Diligence and honesty;
(iv) Research and writing capabilities;
(v) Management skills;
(vi) Previous marketing or production experiences;
(vii) Previous Editorial experiences; and
(viii) General competence

Nothing in this subsection shall be taken to compromise merit or

competence in the selection of new board members.

(b) The Editorial Board shall consist (except as the context may
otherwise require) up to nine undergraduate students of the
University of Nairobi’s Faculty of Law.

Article 19 (a) The selection of the Editorial Board members to the offices
established shall be by appointment. Such appointment shall take
place after an expiry of one academic year or through a resolution
supported by two-thirds majority of the entire Editorial Board
members as established under Article 2 (a) of this Constitution.
 (b) Vacancy announcements shall be made, applications received
and interviews conducted. The interviews for Board members
shall be conducted in one sitting. Board members shall determine
the order that shall be followed in a general meeting.

(c) Candidates for the position of Production Editor, Finance

Editor, Head of Law Review, Research Editor, Marketing Editor,
Managing Editor and Editor-in- Chief should be persons who
have served the Editorial Board for at least one year.

(d) Written notice of interviews shall be given to all Board

members at least two weeks prior to the date of interview.

PART FIVE - FINANCES

Article 20 (a) The UNLJ shall source its funds from the sale of its products,
well-wishers, partners

(b) The Finance Editor shall ensure the proper keeping of books
of accounts. In particular, the following books of accounts shall
be kept annually; the cashbook, receipt and payment account,
income and expenditure account and sales account.

(c) Financial statements and all books of account shall be

presented to the Executive Editor at least once a year for auditing.

(d) Periodic returns of the Board’s financial affairs may be made

to the Executive Editor as and when required.

(e) Any Board member may at any time request to inspect the
books of accounts.

(f) All expenditures of the UNLJ shall have to be approved at an

Editorial Board meeting.

(g) The UNLJ shall operate such a number of bank accounts as

shall be deemed fit by the Editorial Board. Provided that in every
 such account, at least two Editorial Board members and the
Executive Editor shall be entered as signatories.

(h) All bank statements shall be tabled to the Editorial Board

meeting as and when they are received.

PART SIX – AMENDEMENT & MISCALENEOUS

Article 21 The Editorial Board may from time to time make rules for the
smooth running of the affairs of the UNLJ

Article 22 In case any member or a section of the UNLJ Editorial Board

is/are in doubt as to the interpretation of any provision of this
Constitution; such a matter shall be referred to the Editorial Board
meeting for interpretation. Where the Editorial Board is not clear,
the matter may be referred to the Consulting Editors for
interpretation.

Article 23 (a) Amendment of the provisions of this Constitution shall only

be done with the express approval in writing of all the members
of the Editorial Board.

(b) Before any motion amending this Constitution is discussed, all

the members of the UNLJ Editorial Board in session MUST be
notified in writing.

PART SEVEN – DISCIPLINARY PROCEEDINGS

Article 24 There shall be established the Disciplinary Committee to listen

and decide on matters of indiscipline as well as other complaints
 SCHEDULE 1.

1. The By-laws and policies for the UNLJ shall accord to the
provisions of this constitution.