Kenya Gazette Supplement No. 122 14th December, 2007

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SPECIAL ISSUE 2153 Kenya Gazette Supplement No. 122 14th December, 2007 (Legislative Supplement No. 66) LEGAL NOTICE NO. 400 THE COUNCIL OF LEGAL EDUCATION ACT, 1995 (No. 12 of 1995) A IN EXERCISE of the powers conferred by section 14 of the Council of Legal Education Act, the Council, with the approval of the Minister makes the following Regulations:— THE COUNCIL OF LEGAL EDUCATION (ADMISSION) REGULATIONS, 2007 PART I — PRELIMINARY 1. These Regulations may be cited as the Council of Legal Education (Admission) Regulations, 2007. 2. In these Regulations, unless the context otherwise requires- "admission" means admission to the Kenya School of Law; "advocate" includes the Attorney-General; "Director" means the Director of the Kenya School of Law for the time being and includes any deputy or person appointed temporarily to perform the duties of the Director; "examinations" means the examinations to be passed by applicants for admission as advocates under section 13(1)(ii) of the Advocates Act; "Programme" means the Advocate's Training Programme specified in the Schedule; "School" means the Kenya School of Law provided by the Council of Legal Education in Nairobi including any extra-mural activities conducted outside Nairobi. PART II—ATTENDANCE AT THE SCHOOL 3. No person shall be duly qualified under section 13(1) (b) of the Advocates Act unless such person— (a) has completed a course of legal education at the School in preparation for the examinations specified in the Schedule to these Regulations; and (b) has complied with the requirements of the Council as to such attendance. 4. The Director shall, in consultation with the Council, fix the academic year of the School. 5. (1) A student attending a course at the School shall submit to Citation. Interpretation. Qualification under the Advocates Act. Academic year of the School. Students to be tested.

Transcript of Kenya Gazette Supplement No. 122 14th December, 2007

Page 1: Kenya Gazette Supplement No. 122 14th December, 2007

SPECIAL ISSUE

2153

Kenya Gazette Supplement No. 122 14th December, 2007

(Legislative Supplement No. 66)

LEGAL NOTICE NO. 400

THE COUNCIL OF LEGAL EDUCATION ACT, 1995

(No. 12 of 1995) A IN EXERCISE of the powers conferred by section 14 of the

Council of Legal Education Act, the Council, with the approval of the Minister makes the following Regulations:—

THE COUNCIL OF LEGAL EDUCATION (ADMISSION) REGULATIONS, 2007

PART I — PRELIMINARY

1. These Regulations may be cited as the Council of Legal Education (Admission) Regulations, 2007.

2. In these Regulations, unless the context otherwise requires-

"admission" means admission to the Kenya School of Law;

"advocate" includes the Attorney-General;

"Director" means the Director of the Kenya School of Law for the time being and includes any deputy or person appointed temporarily to perform the duties of the Director;

"examinations" means the examinations to be passed by applicants for admission as advocates under section 13(1)(ii) of the Advocates Act;

"Programme" means the Advocate's Training Programme specified in the Schedule;

"School" means the Kenya School of Law provided by the Council of Legal Education in Nairobi including any extra-mural activities conducted outside Nairobi.

PART II—ATTENDANCE AT THE SCHOOL

3. No person shall be duly qualified under section 13(1) (b) of the Advocates Act unless such person—

(a) has completed a course of legal education at the School in preparation for the examinations specified in the Schedule to these Regulations; and

(b) has complied with the requirements of the Council as to such attendance.

4. The Director shall, in consultation with the Council, fix the academic year of the School.

5. (1) A student attending a course at the School shall submit to

Citation.

Interpretation.

Qualification under the Advocates Act.

Academic year of the School.

Students to be tested.

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such test papers and other tests as the Director may require in connection with the course in order to satisfy the Director of the students' diligence and application during the course.

(2) If a student fails to satisfy the Director as referred to in paragraph (1), the Director may refuse to count as part of the attendance at the School under these Regulations the whole or any part of the period of attendance at the course in respect of which the test has been held.

Attendance at the School

Council may waive requirements.

Qualification for admission into the School.

Academic programme and pupilage.

6 (1) Every student shall—

(a) obey the direction of the Director in relation to the course for which such student has been enrolled; and

(b) attend such course diligently and continuously to the satisfaction of the Council.

(2)Where the Director is not satisfied as to the diligence and application of a student during any period of attendance at the course, the Director shall inform the Council and the Council may refuse to count that period as attendance at the School under these Regulations.

(3) The records of the School shall be conclusive as to the attendance made at the School.

7. Where special circumstances exist, the Council may, subject to the requirements of the Advocates Act, in any particular case waive or modify any of the provisions of this Part.

PART III—ADMISSION REQUIREMENTS

8. (1) A person shall be admitted to the School if—

(a) having passed the relevant examinations of any recognized university in Kenya he holds, or has become eligible for the conferment of a degree in law of that university; or

(b) having passed the relevant examinations of a university, university college or other institutions prescribed by the Council, he holds or has become eligible for the conferment of a degree in law in the grant of that university, university college or other institution, and had prior to enrolling at that university, university college or other institution—

(i) attained the minimum entry requirements for admission to a university in Kenya; and

(ii) obtained a minimum of grade B plain in English Language and a mean grade of C plus in the Kenya Certificate of Secondary Examination or its equivalent;

(c) he possesses any other qualifications which are acceptable to and recognized by the Council.

(2) Notwithstanding subsection (1), the Council may, at its discretion, require a person to pass an English language test or any other test approved by the Council as a pre-condition to admission.

9. (1) A candidate shall undertake the approved programme of

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pupilage, tuition and examinations within the academic year as shall be directed by the Council.

(2) The maximum number of attempts permitted at the Council's examinations is five which shall be made within a period of two academic years.

(3) Where a student has entered for an examination at the first instance, and is referred in, some papers, such student shall be eligible to resit the papers at a second, third, fourth and fifth sitting.

(4) Where a student has failed the examination papers at the fifth sitting, such student shall not be entitled to any further attempts.

(5) Where a student is unable to sit the examination due to illness, or other reasonable cause, the Council may grant such student such additional attempts as it may deem necessary.

PART IV—EXAMINATIONS

10. (1) The examinations shall be held at such times and places and shall be in such form as the Council shall direct.

(2) No person shall be eligible to sit the examinations of the Council under this Part unless he has attended the School's training programme in preparation for such examinations.

(3) Where special circumstances exist, the Council may subject to the requirements of the Advocates Act, waive or modify the provisions of paragraph (2).

(4) A candidate desiring to sit for any examination of the Council shall lodge his application with the Secretary of the Council not later than two weeks before the date appointed for the commencement of the examination period.

(5) The date of each examination shall be published in the Gazette not less than three weeks prior to the commencement of such examination.

(6) No date shall be appointed for the holding of any examination in any month unless applications by one or more candidates in accordance with these Regulations have been received by the Secretary of the Council.

(7) The structure, duration and pass mark in each examination shall be determined by the Director in consultation with the Council.

(8) A person desiring to be examined under these Regulations shall make an application in such form and pay to the Secretary of the Council such fees as may from time to time be determined by Council.

11. The Advocates (Admission) Regulations, 1997 are revoked.

12. Candidates who registered and undertook at least one examination on the previous academic programme before the introduction of the Programme will be allowed the four re-sits authorised by the Council.

Manner of examination.

Revocation of L.N 357 of 1997.

Transitional

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SCHEDULE (r.3)

PROGRAMME, CURRICULUM AND EXAMINATION PAPERS

PART A—GENERAL REQUIREMENTS

1. The objective of the Programme shall be to instill in lawyers professional preparedness and ethical commitment.

2. The overall methodologies to be applied in the Programme are:

(a) Interactive Lectures

(b) Seminars and Tutorials

(c) Problem type questions (that seek application of principles learnt)

(d) Simulation

(e) Moot courts

(/) Role plays

(g) Visits/study tours

(h) Audio visuals

(i) Guest speakers

3. The overall methods of assessment of the Programme shall include—

(a) Written examinations-

(i) 60% of the total marks to come from the written examination of three hours each in each of the designated courses;

(ii) Emphasis on application than knowledge or theory

(iii) In the long term examinations to be externally set and marked by independent body;

(b) Oral examinations (20%)

(c) Project work (20%)

(d) 50% pass mark for all courses.

4. (1) The Programme shall last for a period of eighteen months as follows—

(a) the training component to last for twelve months; and

(b) the pupilage period to last for six months.

(2) Candidates shall sit and pass examination papers in all courses before being admitted to the Roll of Advocates of the High Court of Kenya.

(3) The evaluation of the Programme shall use the following methods:

(a) Centralized independent evaluation process by the Kenya School of Law.

Objective of the Programme

Methodologies

Assessment in the Programme.

Duration and evaluation of the Programme.

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(b) Peer evaluation/review (teachers).

(c) Student evaluation (of course and teacher).

(4) Key performance indicators.

(a) External and Internal.

(b) Bell-curve assessment.

(5) Periodic curriculum review.

(a) 2-3 years interim.

(b) 5 years overhaul/review.

Course Content 6. (1) The Programme shall consist of units as determined by the Council including—

(a) Civil Litigation.

(b) Criminal litigation.

(c) Probate and Administration.

(d) Legal Writing and Drafting.

(e) Trial Advocacy.

(/) Professional Ethics.

(g) Legal Practice Management.

(h) Conveyancing.

(i) Commercial Transactions.

0) Clinical Programme excluding Legal Aid.

PART B- SPECIFIC COURSE CURRICULUM

UNIT 1. CIVIL LITIGATION

Overall Objective

Equip students with knowledge and skills of the civil process to enable them to be competent practitioners in all civil courts and tribunals.

Specific Objectives

(a) To understand and draft relevant pleadings and documents necessary for civil litigation.

(b) To understand various jurisdictions and remedies in civil litigation.

(c) To apply civil procedure Act and other statutes relating to civil litigation.

(d) To understand the process and processes of civil litigation

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generally and to identify and apply different forms of procedures that are applicable to different forms of civil litigation.

(e) To equip students with case management skills to facilitate expeditious disposal of cases.

Course Description

Core:

(a) Identification of judicial forum

(b) Drafting of pleadings

(c) Filing of claims—service of process

(d) Interlocutory applications

(e) Pretrial process—issues, discovery, etc

(f) Trials and prosecution of cases

(g) Assessment of costs and taxation of costs

(h) Drawing of decrees and execution of proceedings

(i) Arbitration by order of court

(j) Review of judgment

(k) Appeals to the High Court

(/) Judicial review procedures

(m) Constitutional litigation procedures with emphasis to the rules made under the Constitution

(n) Preparation and Procedure relating to the Court of Appeal

(o) Contempt proceedings

Rules under specific legislation:

(a) Landlords and Tenant (Shops, Hotels and Catering Establishments) Act.

(b) Rent Restriction Act.

(C) Co-operative Societies Tribunal.

(d) Land Disputes Tribunals Act.

(e) Capital Markets Tribunal.

(I) Environmental Management Co-ordination Act/NEMA Tribunal.

(g) Retirement Benefits Tribunal.

(h) Industrial Court Rules (Trade Disputes Act).

(i) Rules under the Children Act and the Matrimonial Causes Act.

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(j) Judicature Act (High Court Practice and High Court Vacation Rules).

UNIT 2. CRIMINAL LITIGATION

Overall Objective

To equip students with knowledge and skills of the criminal process to enable them become competent legal practitioners in criminal law.

Specific Objectives

(a) To understand and draft relevant pleadings and documents necessary for criminal litigation.

(b) To understand various jurisdictions in criminal litigation.

(c) To apply the Criminal Procedure Code and other statutes relating to criminal litigation.

(d) To understand the process the processes of criminal litigation generally and to identify and apply different forms of procedures and applicable to different forms of criminal litigation.

(e) To equip students with case management skills to facilitate expeditious disposal of cases.

Course Description

(a) Arrest

(b) Jurisdiction and arraignment

(c) Drafting of charge sheet

(d) Preparation of investigation case file

(e) Plea taking

(i) Consequence of plea of guilty

(ii) Consequence of plea of not guilty

(/) Bail application

(i) Sureties and security documentation

(ii) Anticipatory bail

(iii) Bail during trial

(vi) Bail pending appeal

(g) Pretrial conferencing

(i) Recording of statement

(ii) Application for witness statement

(iii) Meeting accused person in remand

(iv) Advocate-prosecution communications

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(h) Trial processes and matters arising

(i) Witnesses

(ii) Examination of witnesses and other related procedures e.g. production of exhibits

(iii) Special type witnesses

(iv) Close of prosecution case

(v) Submissions

(vi) Ruling

(vii) Defence (as the case may be)

(viii) Submissions under section 215 of the Criminal Procedure Code

(ix) Judgement

(x) Mitigation

(xi) Sentencing

(xii) Bail pending appeal

(i) Appeal process/revision

(1) Appellate jurisdiction

(k) Inquests

(1) Watching brief

(m) Habeas Corpus

(n) Withdraw and termination of cases

(o) Production of various forms of evidence

(p) High Court trials

(i) Capital offences

(ii) Assessors

(iii) Summation

(q) Victim impact statement

(r) Procedures in Special courts

(i) Children's Court

(ii) Anticorruption court

(iii) Municipal/City Court

(iv) Courts Martial

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UNIT 3. PROBATE AND ADMINISTRATION

Overall Objective

To equip students with knowledge and skills of the Probate and Administration process to enable them to be competent practitioners in all Probate and Administration matters.

Specific Objectives

(a) To understand and draft relevant pleadings and documents necessary for Probate and Administration.

(b) To be able to understand various jurisdictions and remedies in Probate & Administration matters.

(c) To apply Probate and Administration rules under the Law of Succession Act and Trustees Act, the Civil Procedure rules and other laws.

(d) To understand the process or processes of Probate and Administration generally and to identify and apply different form of procedures applicable to different forms of Probate & Administration.

(e) To equip students with case management skills to facilitate expeditious disposal of cases.

Course Description

(a) Intestate succession

(i) Application for letters of administration

(ii) Different types of letters of administration

(iii) Statutory forms necessary for application

(b) Testate succession

(i) Wills and codicils

(ii) Application for grant of probate

(c) Processes

(i) Application/eligibility/consent

(ii) Gazette Notice

(iii) Citation

(iv) Objections

(v) Application for confirmation

(vi) Distribution

(vii) Protests

(viii) Grants

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(ix) Annulment/revocation of grant

(x) Confirmation and distribution of estate

(xi) Taking of estate accounts

(a) Rights and Duties

(i) Duties of administrators/executors

(ii) Duties and obligation of public trustee/Administrator General

(iii) Rights of beneficiaries

(iv) Rights of dependants

(b) Distribution of Estate

(c) Winding up of estates and final accounts.

UNIT 4. LEGAL WRITING AND DRAFTING

Overall Objective

To develop competence in legal writing and drafting skills.

Course Description

(a) Legal Writing

(i) The language of the law

(aa) Historical basis

(bb) Special language

(cc) Plain language (clarity of communication)

(ii) Correspondence

(aa) Correspondence to client

(bb) Correspondence to advocates

(cc) Correspondence to court

(dd) Correspondence to others

(iii) Legal opinions/Submissions

(b) Legislative Drafting

UNIT 5. TRIAL ADVOCACY

Overall Objective

To develop competence in trial advocacy

Course Description

(a) Pre-trial Advocacy

(i) Client interviewing

(ii) Client Counseling

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(iii) Discovery

(iv) Client Communication

(b) Negotiation skills

(i) Importance of negotiations

(ii) General principles and skills of negotiation

(iii) Ethics of negotiation

(iv) Negotiation strategies

(c) Trial Skills

(i) Case analysis and management

(ii) Opening statements

(iii) Examination in chief

(iv) Production of exhibits

(v) Cross-examination

(vi) Re-examination

(vii) Closing statements

(viii) Mediation, conciliation and arbitration skills

UNIT 6. PROFESSIONAL ETHICS AND PRACTICE

Overall Objective

To inform, inculcate and develop in the students the high standards of conduct demanded of advocates by the profession.

Course Description

(a) The concept of ethics

(b) Law as a profession

(i) Historical background

(ii) Role of the lawyer in society

(iii) History of the legal profession in Kenya

(iv) The lawyer and etiquette

(c) Regulation of the legal profession in Kenya

(d) Codes of conduct for judicial officers, prosecutors and lawyers

(e) Rights, obligations and privileges of an Advocate

(f) Disabilities of an advocate

(g) Advocates remuneration

(i) Retainer

(ii) Modes of retainer

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(iii) Authority of an advocate on retainer

(iv) Rights upon retainer

(h) Professional misconduct/unprofessional conduct

(i) Advertising

(ii) Touting

(iii) Champerty

(iv) Unauthorized persons

(v) Breach of etiquette

(vi) Misappropriation of client's funds

(i) Negligence

(j) Contempt of court

(k) Disciplinary process

UNIT 7. LEGAL PRACTICE MANAGEMENT

Overall Objective

To inform, inculcate and develop in the student high standards in legal practice

Course Description

(a) Introduction to office Practice

(b) Resource Management

(i) Financial Resources

(ii) Human Resources

(c) Management of records

(d) Basic accounting for lawyers

(i) Book-keeping

(ii) Profit & loss account

(iii) Balance sheet

(iv) Budgeting,

(v) Costing,

(vi) Taxes

(vii) Cash flow management.

(viii) Advocates Accounts

(e) Trust accounts

(i) Estate book

(I) The Advocates firms- (i) Sole practitioner

(ii) Parmerships

(iii) Location, accessibility and communication

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(iv) Client care

(v) Administration of deceased advocate's firm

(g) Multi-disciplinary practice

UNIT 8. CONVEYANCING

Overall Objective

To equip the student with practical skills to handle property transactions.

Specific Objectives

To equip students with the practical skills to document and convey various interests in real property.

Course Description

(a) Introduction to conveyancing

(b) Relevant terminologies

(c) Relevant statutes under conveyancing e.g. Registered Land Act, Government Land Act, Land Titles Act, Registered Titles Act, Registration of Documents Act, Stamp Duty Act, Indian Transfer of Property Act, Sectional Properties Act 1987, Environmental Management and Co-ordination Act 1999 & Regulations, Physical Planning Act 1996, Local Government Act, Land Control Act, Law of Contract Act, Sale of Goods Act, Companies Act, Landlord & Tenants (Shops Hotels & Catering Establishments Act,) Rent Restriction Act, Auctioneers Act, Estate Agents Act

(d) Investigation of titles and property records

(e) Preparation of documents

(i) sale agreements

(ii) transfers, including transfers on insolvency,

(iii) charges, mortgages (realization of securities)

(iv) leases, sub-leases and licenses

(v) sectional titles

(vi) long-term subleases

(vii) discharges, reconveyances & reassignments

(viii) transmissions & assents

(J) Construction of documents - parts of a document

(g) Cautions and caveats, restrictions, restrictive covenants, grant of easements and profits a prendre

(h) Duties and obligations of Advocates - Ethical and practical considerations ( conflicts of interests, keeping of accounts & professional undertakings)

(i) Relationship between conveyancing and other laws(contract law, equity. Sale of Goods Act, company law)

(j) Jurisprudence on construction of conveyancing documentation-

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recent amendments of laws, court decisions and practice notes,

(k) Conveyancing and taxation - stamp duty, capital gains, valuation, land rates, land rents

(1) Controlled transactions — Land Control Act, Government Lands Act and Local Government Act

(m) Planning and environmental considerations- change of user, extension of leases, and other relevant development consents

(n) Registration of documents and the respective land registries, registration procedures at land registries and companies registries

(o) Powers of Attorney and Registration of other documents under the Registration of Documents Act

UNIT 9. COMMERCIAL TRANSACTIONS

Overall Objective

To equip the student with practical skills to handle commercial transactions

Specific Objective

To enable students prepare documentation relating to commercial transactions.

Course Description

(a) Insolvencies Documentation

(i) Notices,

(ii) Petitions, appointments, notices to the parties after the petition has been filed,

(iii) Standard forms to be considered,

(iv) Administration of bankruptcies,

(v) Appointment of receivers, filing of documents at the companies registries, bankruptcy officers, court processes,

(vi) Final orders & documentation, proof of debts,

(vii)Distribution (payment of debts, deed of arrangement / scheme of arrangement/ composition, discharges, vestment orders & documentation, statement of affairs/ substantive law)

(b) Sale of Goods Act-

(i) Contract documents,

(ii) Agreement to sell

(iii) Relevant statutes / common law as relates to construction of agreement

(iv) Documentation relating to CIF, FOB

(v) Documentation relating to insurance & taxation

(vi) INCO terms

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(vii)Auction sales/ documentation.

(c) Hire Purchase-

(i) Hire Purchase Agreements

(ii) Licenses

(iii) Registration process

(d) Chattels Transfer-

(i) Chattels mortgages,

(ii) Letters of hypothecation

(iii) Instruments of transfer, forms of such instruments

(iv) Registration and renewal

(v) Redemptions

(vi) Notices to third parties

(vii) Attestation of chattel transfers, & other instruments

(viii) Effect of non registration.

(e) Agencies-

(i) Agency agreements

(ii) Powers of attorney

(iii) Forms of appointment of various agents (bailee del credere agents, brokers, factors, forms of commission agents/ estate agents, liens, banks and auctioneers)

(J) Negotiable instruments-

(i) Forms of various negotiable instruments (cheques, promissory notes, bills of exchange, bills of lading, some types of share warrants)

(ii) crossing of instruments

(iii) implication of taxation on negotiable instruments, implication of non- compliance

(iv) effect of non- compliance with forms

(v) preparation of international instruments (incorporating international convention and instruments)

(vi) Forms of acceptance, presentation and dishonor of instruments, endorsement of instruments, bank rates, bank-drafts, dividend and warrants, deposits, receipts, and IOUs.

(vii) Electronic Funds Transfers

(g) Companies-

(i) Incorporation of companies ( forms memorandum & articles of association, instruments of incorporation)

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(ii) statutory compliance documentation (notices of registered offices, appointments of officers, share allotment, list of directors, annual returns & changes of directors, shareholders)

(iii) share transfers, the digital issue of shares and the operations of the Central Depository System (CDS).

(iv) conversion of companies from private to public companies, prospectus

(v) Company securities, debentures, charges & chattels/ mortgages, directors' guarantees,

(vi) Management of, companies, Agenda, minutes, resolutions notices, committee work, meetings (special. annual extraordinary etc)

(vii) raising of capital (public offering, stocks, shares and bonds etc), relevant statutes & regulations, procedures & approvals - CMA, Monopolies Commission, Nairobi Stock Exchange etc,

(viii) Winding up & Liquidations, notices by companies by creditors

(h) Partnerships-

(i) Deeds of partnership

(ii) Forms of statutory compliance

(iii) Registration,

(iv) Change of partners

(v) Dissolution.

(i) Commercial agreements

(i) Mergers & Acquisitions

(ii) Joint ventures

(iii) International commercial agreements

(iv) Intellectual property documentation.

(j) Construction of specialized documents

(i) Insurance policies, building contracts, maritime contracts

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UNIT 10. CLINICAL PROGRAMME (EXCLUDING LEGAL AID WORK)

Overall Objective

To equip the student with practical legal skills through experiential learning

A. PUPILAGE

Specific Objectives

(a) To learn about procedures, functions and processes of specific legal institutions and departments.

(b) To produce competent advocates who will apply best practice

(c) To inculcate in the student an appreciation of the values of the legal profession.

(d) To train the student to recognize and resolve ethical dilemmas.

Course Description

(a) Places of pupilage

(i) Advocates' chambers

(ii) Legal aid organizations

(iii) Judges' chambers

(iv) Magistrates' chambers

(v) Corporate institutions

(vi) State law office

(vii) Land registries

(viii) Law Society of Kenya

(ix) Legal Sector NGOS

(x) Government Departments.

(xi) National Assembly

(xii) Legal departments of Government Ministries

(xiii) Semi autonomous Government institutions e.g. Kenya Anti Corruption Commission , Kenya Human Rights Commission , Kenya Revenue Authority

(xiv) Local authorities

(b) Areas of Focus

(i) Drafting and writing

(ii) Processes and procedure

(iii) Client care

(iv) Ethics

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(v) Dressing code

(vi) Research skills

(vii) Office administration

(viii) Legal institutions-courts, registries

(ix) Interpersonal skills

(x) Reflection/critical thinking

(c) Expected Output

(i) Knowledge about legal institutions

(ii) Competence

(iii) Best practice

(iv) Appreciation of values of the legal profession

(d) Pupil Master Criteria

(i) Infrastructure requirements

(aa) Office space

(bb) Desk, chair

(cc) Communication facilities

(dd) Access to library/research facilities (ICT included)

(ii) LSK Disciplinary Committee clearance certificate

(iii) Minimum of five years practicing experience.

(iv) A maximum of two pupils per master

(e) Orientation of Pupil Masters including basic training of pupil masters on —

(i) How to implement the Pupilage deed in terms of :

(aa) Research

(bb) Deportment

(cc) Attendance

(dd) Prohibition of sexual harassment and other unethical behaviour

(ii) Give feedback to KSL on pupil's performance

(iii) Make overall assessment of quality of pupils learning

(f) Motivation of Pupil Masters

(i) No-cost basic training and periodic refresher courses

(ii) Award of recognition certificates

(iii) Award of Continuous Legal Education credits (iv) Special award for outstanding pupil master

(g) Supervision

(i) By Pupil Master

(ii) External supervision- Kenya School of Law can outsource

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(iii) Journal/Log of work and tasks undertaken to be maintained by pupil

(iv) Kenya School of Law to develop tool for supervision

(h) Assessment

(i) Assessment tools

(ii) Projects, Tasks

(iii) Reports- mid term, full term or as often as may be necessary

(iv) No examinations.

(i) Stipend

A stipend be paid to students from the following sources -

(i) Higher Education Loans Board

(ii) Law Society of Kenya

(iii) Bank loans

(iv) Pupil Masters

B. COURT ATTACHMENT

Course Description

(a) Court attachment to be a component of pupilage, for those students who did not undergo court attachment at undergraduate level.

(b) The duration shall be eight weeks.

(c) Students to be attached to both Subordinate and Superior Courts.

(d) Contents of study and experience, orientation, expected outputs, and assessment to be structured along the lines of the court clinical attachment programmes at Nairobi and Moi universities.

Methodology

(a) Street law community education

(b) Client Advice

(c) Client Representation

(d) Classroom component — to prepare students to attend to client

Dated the 19th November, 2007.

By Order of the Council

E. 0. OKUBASU, Chairman,

Council of Legal Education. Approved on the 20th November, 2007.

MARTHA KARUA, Minister for Justice and Constitutional Affairs.

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