IBRAHIM,ISSACK & COMPANY ADVOCATES, COMMISSIONERS FOR OATHS & NOTARIES PUBLIC

		The Monarch Insurance A friend for life.
		PROFESSIONAL INDEMNITY POLICY
WHEREAS the person or persons named in the Insured" which expression shall include any other person or persons who may at any time during the subsistence of this Policy become a partner in the Firm named in the Schedule) have made to The Monarch Insurance Co. Ltd. (hereinafter called the "Company") a written proposal and Declaration bearing the date stated in the Schedule and containing particulars and statements which it is hereby agreed are the basis of this contract and are to be considered as incorporated herein, and have paid or agreed to pay the premium stated in the Schedule, NOW THIS POLICY OF INSU extent and in the manner hereinafter provided,
1.		To indemnify the Insured, up to but not exceeding in the aggregate for all claims under this policy the sum stated in Item 2 of the Schedule, against any claim or claims which may be made against them during the period specified in the Schedule
	(i)	for breach of professional duty as Lawyers, by reason of any negligent act,. error or omission, whenever or wherever committed or alleged to have been com mi of
		(a) the Insured, or
		(b) the predecessors in business of the said Firm, or
		(c) any person at any time employed by the predecessors in business,
		in the conduct, by or on behalf of the said Firm or such predecessors, of any business conducted in their professional capacity as lawyers, and
	(ii)	by reason of any negligent act, error or omission, whenever or wherever committed or alleged to have been committed, of any of the persons mentioned at (a), (b) and (c) above when acting as an Executor, Trustee, Receiver, Liquidator, Director or Company Secretary, provided the fees from such appointment form part of the income of the said Firm and provided also that such claim or claims would have been covered under (I) above but for fact that such person was so acting, and
2.		in addition, to pay the costs and expenses incurred with the written consent of the Company in the defence or settlement of any such claim, provided that, if a payment in excess of the amount of indemnity available under this Policy has to be made to dispose of a claim, the Company's liability for such costs and expenses shall be such proportion thereof as the amount of indemnity available under this policy in respect of that claim bears to the amount paid to dispose of that claim.
		EXCLUSIONS
1.		This Policy shall not indemnify the Insured against any claim
	(a)	for libel or slander, or
	(b)	brought about or contributed to by any dishonest, fraudulent, criminal or malicious act or omission of the Insured or the predecessors in business of the said Firm, or of any person at any time employed by the Insured of such predecessors in business, or
	(c)	directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
2.		There shall be no liability hereunder in respect of any claim for which the Insured are entitled to any indemnity under any other Policy.
		CONDITIONS
1.		The Insured shall not admit liability for or settle any claim or incur any costs or expenses in connection therewith without the written consent of the Company, who shall be entitled at any time to take over and conduct in the name of the Insured or the said Firm, as the case may be, the defence or settlement of any claim. Nevertheless, the Insured shall not be required to contest any legal proceedings unless an Advocate (to be mutually agreed upon by the Insured and the Company) shall advise that such proceedings should be contested.
2.		The Insured shall as a condition precedent to their right to be indemnified under this Policy give to the Company immediate notice in writing.
	(a)	of any claim made against them,
	(b)	of the receipt of notice from any person of an intention to make a claim against them.
3.		The Insured shall give to the Company immediate notice in writing of any circumstance, of which they shall become aware during the subsistence hereof, which is likely to give rise to a claim against them. Such notice having been given, any claim, to which that circumstances has given rise, which may be made after the expiration of the period specified in the Schedule shall be deemed for the purposes of this Policy to have been made during the subsistence hereof.
4.		If the Insured shall prefer any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this policy shall become void and all claim hereunder shall be forfeited
		EXTENSION 1 - PARTNERS PREVIOUS BUSINESS
		If an additional premium for this extension is specified in the Schedule, this policy shall have effect as if :
	(a)	after the words "in the counduct by, or on behalf of the firm or such predecessors of any business conducted in their professional capacity as Lawyers" in the insuring clause there were inserted the words/or in the conduct of any business conducted by any of the Insured in their professional capacity as lawyers before they joined the said Firm" and
	(b)	the expression "the Insured" included any former partners who are named in Item 6 of the Schedule. Subject otherwise to the terms, conditions and limitations of this Policy.
		EXTENSION 2 - LOSS OF DOCUMENTS
		If an additional premium for this extension is specified in the Schedule, it is hereby agreed that if during the period specified in the Schedule the Insured shall discover that any Documents (as hereinafter defined), the property of or entrusted to the Firm named in the Schedule or their predecessors in business, which may now or hereafter be, or be supposed or believed to be, in the custody of the said Firm, or in custody of any other person to or with whom such Documents have been entrusted, lodged or deposited by the said Firm in the ordinary course of business, have while within the territorial limits specified in Item 7 of the Schedule been destroyed or damaged, or lost or mislaid and after diligent search cannot be found the Company will
(1)		indemnify the Insured against
	(a)	legal liability of whatsoever nature which the Insured may incur to any other person in consequence of such Documents having been so destroyed, damaged, lost or mislaid, and
	(b)	costs and expenses of whatsoever nature incurred by the Insured in replacing or restoring such Documents, and
(2)		in addition, pay the costs and expenses incurred with the written consent of the Company in the defence or settlement of any claim to establish liability as described in (1) (a) above, provided that, if a payment in excess of the amount of indemnity available under this Policy has to be made to dispose of a claim, the Company's liability for such costs and expenses shall be such proportion thereof as the amount of indemnity available under this Policy in respect of that claim bears to the amount paid to dispose of that claim.
		DEFINITION
		In this Extension, "Documents" means deeds, wills, agreements, maps, plans, records, books, letters, certificates, forms and documents of any nature whatsoever, whether written, printed or reproduced by any other method (other than bearer bonds, coupons, bank notes, cgggncy notes and negotiable instruments). This Extension shall not indemnity the Insured against any liability, costs or expenses:-
	(a)	for which the Insured are entitled to an indemnity under this Policy apart from this Extension,
	(b)	for which the Insured are entitled to any indemnity under any other Policy,
	(c)	brought about or contributed to by any dishonest, fraudulent or criminal act or omission of the Insured or the predecessors in business of the said Firm, or of any person at any time employed by the Insured or such predecessors in business,
	(d)	if any act or event, out of or in the course of which such liability, costs or expenses arise, constitutes or is a part of, or is committed or happens whether directly or indirectly by reason of, or in connection with war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, martial law or the act of any lawfully constituted Authority.
		CONDITIONS
	1.	The sum insured under this Policy shall not be increased by reason of this Extension.
	2.	In any claim, and in any action, suit or other proceeding to enforce a claim, under this Extension for liability, costs or expenses the burden of proving that the liability, costs or expenses do not fail within Exclusion (d) above set out shall be upon the Insured.
	3.	The Insured shall not admit liability for or settle any claim or incur any costs or expenses in connection therewith without the written consent of the Company, who shall be entitled at any time to take over and conduct in the name of the Insured the defence or settlement of any claim,
	4.	The Insured shall as a condition precedent to their right to be indemnified under this Extension give to the Company immediate notice in writing of any circumstance which is likely to give rise to a claim hereunder.
	5.	Any claim for costs and expenses incurred by the Insured in replacing or restoring Documents shall be supported by bills or accounts which shall be subject to approval by a competent person to be nominated by the Company with the approval of the Insured.
		SCHEDULE ATTACHING TO AND FORMING PART OF PROFESSIONAL INDEMNITY POLICY FOR LAWYERS POLICY NO. 2008.051.004211 IN THE NAME OF IBRAHIM ISSACK & CO. ADVOCATES.
		Agency: KEPHA OYUGI NYAKERi...............
	1.	Policy No. 2005.051.004211
	2.	Total sum insured under this Policy (including any Extensions effected) Kshs. 100,000,000.00
	3.	Name(s) of the present partner (s) referred to in this Policy as "the Insured"
		Ahmed Issack Hassan Fred Athuok Kondo Sospeter Magua Njoroge
	4.	Name of the Firm: Ibrahim Issack & Co. Advocates
		Address(es) of the Firm : P.O. Box 66975 - 00200 _______________NAIROBI
	6.	Names of any former partners covered by virtue of Extension 1 ______________ N/A ________________________________
	7.	Territorial limits in respect of extension 2 (Loss of Documents) REPUBLIC OF KENYA
	8.	PREMIUM KSHS. 126,331.00
		Basic Coverage_____________________________100,000,000
		Extension 1 - Partners' Previous Business________ NOT COVERED
		Extension 2 - Loss of Documents_______________ 50,000/=
		Extension 3 - Libel and Slander________________ NOT COVERD
		Extension 4 - Amendment of Dishonesty Extension_ NOT COVERED
		NB. All Extensions in respect of which there is no insurance are to be completed by the
		insertion of the words "not covered""
	9.	The period of insurance from 09/07/2008 to 08/07/2009 both days inclusive
	10.	Date of written proposal 9th July 2008
		POLICY SUBJECT TO THE FOLLOWING CLAUSES
		MEMO 1 - in respect of Basic Coverage and Extension 1, 3 and 4 It is hereby declared and agreed that in respect of each claim, including costs and expenses made against the Insured, the amount of 5% of the limit of Indemnity Shall be borne by the Insured at their own risk and the Company shall only be liable to indemnify the Insured for the excess of such amount.
		EXPLOSIVE NUCLEAR ASSEMBLIES EXCLUSION CLAUSE
		This Policy does not cover
	(a)	loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting there from or any consequential loss
	(b)	any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from the radioactive toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
		PREMIUM PA YMENT WARRA NTY
		Notwithstanding anything contained herein to the contrary it is hereby understood and agreed that the indemnity provided by this policy will only apply on payment of full premium to the Company in accordance with the provisions of Section 156 of the Insurance Act Cap 487 failure to which cover lapses.

The Monarch Insurance

A friend for life.

PROFESSIONAL INDEMNITY POLICY

EXCLUSIONS

CONDITIONS