KENYA SCHOOL OF LAW

ADVOCATES TRAINING PROGRAMME

2024/2025 Academic Year
ATP 105: PROFESSIONAL ETHICS AND PRACTICE
PROJECT WORK FOR ALL CLASSES

INSTRUCTIONS ON ANSWERING THE QUESTIONS.

• ANSWER ANY ONE (1) QUESTION

• All Firms should have distinctly different work even though the question is similar.
• You must adhere strictly to the Kenya School of Law Project work Guidelines 2024 –
shared on email. Failure to observe these guidelines will attract penalties.

PROJECT WORK QUESTIONS

QUESTION ONE

Chuki, an advocate of the High Court of Kenya with a thriving practice located in Eldoret town,
has been representing a client, Mr. Nguyo, in a complex business dispute against Mr Nguyo’s
former business partner. Throughout the proceedings Chuki has been working on the
assumption that he has been furnished with all the information necessary for him to conduct
the case, Chuki discovers that Mr. Nguyo has been withholding crucial information that could
significantly weaken his case. Despite Chuki’s repeated requests for full disclosure, Mr. Nguyo
insists on keeping certain facts hidden, fearing they may harm his reputation and business
interests if revealed.

Chuki faces a dilemma: Should he continue to represent Mr. Nguyo while knowing that he is
not being entirely truthful, in adherence to his duty of loyalty and zealous advocacy for his
client? Or should he withdraw from the case, citing ethical concerns about his client's lack of
transparency and potential deception, even if it means Mr. Nguyos legal interests may suffer?

Identify and discuss the ethical and legal considerations that Chuki must weigh in making his
decision and the potential consequences for Chuki, his client Mr. Nguyo and the integrity of the
legal profession. (20 Marks)

1
QUESTION TWO

David, a seasoned Advocate of the High Court of Kenya of 20 years’ experience, is representing
a high-profile client, Mr. Matatizo in a contentious divorce case that has been a topic of
discussion in the media since its institution. During a heated court hearing, the presiding
Magistrate makes several rulings that David vehemently disagrees with, believing they are
unjust and biased against his client.

In a moment of frustration, David makes disparaging remarks about the Magistrate’s

competence and integrity within earshot of several courtroom staff members, fellow advocates
in court and some media personnel who are in court to cover the proceedings. The Magistrate
however does not overhear David’s comments in court. In the evening David’s comments
become a trending topic on all social media platforms.

a. Discuss the ethical and legal implications of David's actions and the potential
consequences for David, his client Mr. Matatizo, and the public's perception of the legal
profession. (15 Marks)
b. Analyze disciplinary process that David could face and the appropriate steps if any,
David should take to rectify the situation and mitigate the repercussions of his behavior.
(5 Marks)

QUESTION THREE

Musu is a prominent criminal lawyer. His legal expertise in criminal law is spoken of highly
within legal circles. He is famous for letting many criminal suspects off the hook. John, a well-
known mobster who is suspected of having committed many criminal offences, none of which
he has ever been convicted of, is charged with the offence of murdering Mary. John is advised
by friends that the only way he could secure his freedom, whether he committed the offence or
not, is by securing the legal services of Musu. During their interactions John confessed that he
indeed killed the deceased who was his girlfriend on suspicion that she was cheating on him.
In the course of taking instructions, John revealed to Musu that after he had killed the deceased,
only one person appeared from nowhere and witnessed the killing. In order to conceal the
evidence, John also chased after the eye witness and killed him. However, he was not charged
with the murder of the witness as there was no evidence linking him to the witness’ murder.

Putting yourself in Musu’s shoes, as an advocate receiving the above instructions, explain, citing
relevant authorities and legislation, what you should do in regard to the following.

a. Your duties and obligations as an advocate to court in regard to the above instructions.
(10 marks)
b. The client-advocates privilege and confidential information and situations in which you
can waive the said privilege. (10 marks)