Professional regeneration - characteristic of the law itself.

Legal Education and training Guest Lec #4

Admitting students according to available accommodation. Back in
the day this was the norm. 169 students pursuing law across the
Kenyan peninsula. 1901, was when the first Kenyan lawyer began
practicing law - Argwings Kodhek.
More than 22,000 advocates currently.
Part of the legacies of colonialism, what colonialism brought and left
us. nature , structure, and functioning of their legal system. Before
1963, there was no one learning law within Kenya. 1897-1963
individuals learnt law from elsewhere such as Britain and India.
Chief Justice Hamilton.
1897- order in council when Kenya became a British protectorate.
Compared to the Belgians, Portuguese and such, the British prepared
their colonies for independence before they left. Therefore creating
organized systems in order to establish a manner of rule and order.

Lord Denning 1961, the possibility of legal education and training in

Kenya. The report of the committee on legal education for students
from Africa 1961.
The report according to English tradition informally carries the name
of the Chair of the committee or commission. Therefore, the Lord
Denning committee report. The committee was actually
commissioned in 1960.
Fused system in kenya therefore it is just an advocate and not
specifically a solicitor or barrister.
The council of legal education was established in Kenya. Initially they
did not train anyone, they just gave individuals approval to practice
here based on qualifications. 2 years later the KSL was established as
a rec by denny, it operated as a department of the office of the attorney
general of Kenya.
Royal college of east africa- faculties established in 1956.

A law school was established in dar e salaam. Most older lawyers in

Kenya have actually studied in Tanzania.
The East African committee, good relations, thus there was no halt of
lawyers studying in Tanzania after independence.
A law school was established in Nairobi thereafter.
The first legal training was KSL. Articled clerkship, first served as a
clerk in a law firm or under the government, you learn on the job.
Once you learn enough, apply to the KSL for a special exam in order
to practice.
The mission of colonialism was not to train professionals but to steal
from us.
The second was UoN, 1970. The pioneering class only had 14 students.
The second school of law 1994 Moi university.
Bretton Woods agreement impacted the kenyan economy and
therefore the study of law within Kenya.
Legal education is much more available and accessible than ever,
however, we still have a lot of capacity.
Regulation of standards???

Important to regulate lawyers. Training lawyers is not the end,

training lawyers is a means to an end.
The most protected phenomena within the CoK is social justice,
accessible by virtue of lawyers.
Capable of delivering on the notion of justice, if you compromise on
justice then you breed an incompetant professional.

The CLE began running the KSL, they are symbiotic, they are one and
the same institution. The KSL was a poorly run institution at the time.
There was a point in time where there was talk of handing over KSL
to UoN- better facilities and interested educators. KSL was being
taught by the state councils.

How to create greater opportunities to study law but not compromise

on quality? Which is a great debate currently. What guarantee?
Strengthening KSL in order to achieve the above.
Githu Muigai report- the report of the ministerial taskforce on the
development of a policy for legal framework for legal education in
Kenya, 2005
Regulation of the system.

Two statutes established foundations and frameworks;

• Legal education act 2012
• KSL act 2012

Accreditation of legal education, regulating service providers, must

get a license in order to offer law as a course. Must renew the license
every 5 years. Council of legal education audits these universities in
order to maintain the levels of quality of legal education.

How do you enter the profession?

Advocates act alongside the two statues above. Pass the bar exam
administered by the council of legal education- KSL. Legal
requirement.
CLE is a regulator and an examiner. Section 13 of the Advocates act.
The ATP advocates training programs only being offered by KSL.
9 areas in residential training at KSL. 6 month training- pupilage,
under the supervision of an advocate of the high court of Kenya who
has at least 5 years post admission of experience.
Identifies areas that can be approved to offer pupilage. During that
period the learner has to be exposed to the practice of law; pleading
and letter drafting, client interviews, attending court proceedings etc.
Essentially intellectual and moral training and qualification. If you
pass pupilage you get Kenyan gazetted by the CLE, then write a
petition to the chief justice in order to be admitted. Although the chief
justice can object to the petition. Prince v law society a south african
case, prince was an articled clerk, however, prince was arrested and
convicted of smoking banghi, he declared that he would continue
smoking. When obtaining clearance from the law society, one of the
requirements to be admitted is upholding the law. Principles of
acceptance and denial, this was his defense. Rastafarian faith. The
majority held against him.
If there is no objection, you are given a date to sign the Role of
Advocate. Assigned a number, which is never reassigned. You get the
title.

What do advocates do?

How do advocates do what they do?

Make professionalism your second nature. ‘Competence’ defenders of

constitutionalism, enlightened self interest.
0_o

“Lock on effect on resources”

Bar
Bench
Academy
^broad branches
Law society of Kenya - objectives and what they mean
Members deviate in two broad way; Unprofessional conduct -
Advocates Complaint Commission
Professional misconduct - Advocates
Disciplinary Tribunal

Denis Pritt defended Jomo Kenyatta.