Ministry of Cooperative Development & Marketing

Legal Services PDF Print E-mail

VISION
A highly professional, effective and efficient Legal provider to the Ministry

MISSION
To serve the Ministry by providing professional, effective and efficient Legal Services.

MANDATE
The mandate of the department is derived from powers of the Attorney General under Section 26 of the constitution, which confers powers on the Attorney General exercisable by himself or officers subordinate to him. The mandate of the department is therefore:-

  • To advise the Ministry on all Legal matters on behalf of the Attorney General.
  • To institute any Legal proceedings against any person before any court other than (court martial) in respect of any offence alleged to have been committed by that person under the Co-operatives Act.
  • To take over and continue any such Legal proceedings instituted against the Ministry.
  • To defend the Commissioner for Co-operative Development in matters emanating from the Co-operative Act, CAP 490 Law of Kenya.
  • To enforce the provisions of the Co-operatives Act CAP 490 Laws of Kenya.
OUR CORE VALUES
The Ministry expects us to discharge our mandate in an efficient and effective manner. In our quest to meet this expectation we shall be guided by the core values as articulated in the Ministry’s Strategic plan and:-
  • To promote gender equity and equality.
OUR AIM
To contribute to the growth and development of the Co-operative movement by providing sound effective legal services to the Ministry.

OUR WORK
Our core function is to prosecute those in default of compliance with the Co-operative Societies Act while upholding, protecting and promoting human and constitutional rights. Specifically, we:-
  • Undertake prosecutions of cases emanating from the Co-operative Societies Act.
  • Represent the Ministry in civil cases, civil applications and appeals.
  • Advise the Ministry on matters pertaining to the application of the law.
  • Expound and disseminate sound legal services.
  • Address the Ministry’s questions relating to all legal issues.
  • Address complaints raised by members of the public, in respect to the Legal Department.
  • Undertake other administrative roles relating to efficient and effective provision of legal services.
STRATEGIC OBJECTIVES
Our strategic objectives include:-
  • Building sound and legal capacity through trainings and seminars.
  • Increase and improvement of physical facilities – office space and amenities, information technology, library and legal materials. Modernize and computerize the operations and systems of the department and developing a case management system.
  • Embarking on a comprehensive trainings programme for staff (counsel) to meet the challenges of sophisticated and series of cases against the Ministry.
  • Increase the independence, integrity, capacity and skills of the legal staff.
  • Promote cooperation between the department, provincial and district offices in legal matters and for timely advise.
  • Initiate and participate in the review and promulgation of legislation to enhance the delivery of legal services and to adapt to the modern changes.
  • Reach out and provide legal services to enhance delivery of services at the district level and meet local community needs.
  • Enhance the advisory role of the Attorney General by developing and disseminating a responsive legal department.
  • Developing capacity for strategic and operational management of the department through improved research capacity.
  • Setting performance standards through the development of a code of conduct for legal staff.
  • Improving the management of legal services to the Ministry with a view to creating clear reporting and feedback lines to enable constant monitoring of legal services and the status of staff performance.
ORGANISATIONAL STRUCTURE
The Legal department has 2 state counsel, 7 lawyers and a number of para-legal staff. The department is headed by a Principal State Counsel. The Department is at the Ministry’s headquarters; NSSF Building, 9th Floor Block ‘A’ Eastern Wing. The department has an establishment for 18 state counsels and is in progress to attain full capacity.

OUR CLIENTS
  • Ministry of Co-operative Development & Marketing.
  • Provincial Offices.
  • District Offices.
  • Co-operative Societies.
STAKEHOLDERS/PARTNERS
  • Judiciary.
  • Ministry of Justice and Constitutional Affairs.
  • Kenya Anti-corruption Commission.
  • Attorney General Office.
OUR COMMITMENTS ON SERVICE DELIVERY
This Charter is a commitment by the Department of Legal services to improve service delivery to the Ministry, the Commissioner and all other stakeholders in the Co-operative Sector.

We are committed to:
  • Undertake speedy, efficient and effective representation in all matters before court.
  • To advise the Ministry and all field officers professionally and efficiently.
  • To respond to inquiries, and complaints in a timely manner.
  • To treat your concern with confidentiality and give it the urgency it deserves.
OUR WORK
Our core function is to prosecute those in default of compliance with the Co-operative Societies Act while upholding, protecting and promoting human and constitutional rights. Specifically, we:-
  • Undertake prosecutions of cases emanating from the Co-operative Societies Act.
  • Represent the Ministry in civil cases, civil applications and appeals.
  • Advise the Ministry on matters pertaining to the application of the law.
  • Expound and disseminate sound legal services.
  • Address the Ministry’s questions relating to all legal issues.
  • Address complaints raised by members of the public in respect to the Legal Department.
  • Undertake other administrative roles relating to efficient and effective provision of legal services.
CLIENTS’ RIGHT
  • Our services are free.
  • Any officer in the Ministry, member of public or any stakeholder can raise an issue relating to our functions/work by writing to the Commissioner for Co-operative Development or to the Permanent Secretary.
CLIENT’S OBLIGATION
Any officer, member of the public or any stakeholder making an inquiry or complaint to the Commissioner/Permanent Secretary should only do so in writing but must also provide full details of information on the nature of complaint.

CHALLENGES
  • Poor terms and conditions of service for legal staff/state counsel.
  • Inadequate professional and support staff.
  • Lack of training and specialization for professional staff to adequately meet the challenges of emerging number of cases against the Ministry.
  • Lack of adequate office space, transport, furniture and equipment.
  • Lack of research and other resource facilities.
  • Weak internal management and reporting systems.
  • Inadequate co-ordination with other government ministries and agencies in the area of Governance, Justice, Law and Order.
  • Poor perception by the Ministry officials.

PERIODIC REVIEW OF THE CHARTER
We commit ourselves to carry out periodic reviews of this Charter to enable us improve our services and meet emerging challenges.