No. 26 of 2012

Point in Time

Act No: No. 26 of 2012

Act Title: KENYA SCHOOL OF LAW

SUBSIDIARY LEGISLATION

Arrangement of Sections

COUNCIL OF LEGAL EDUCATION (KENYA SCHOOL OF LAW) REGULATIONS, 2009
KENYA SCHOOL OF LAW (TRAINING PROGRAMMES) REGULATIONS, 2015

COUNCIL OF LEGAL EDUCATION (KENYA SCHOOL OF LAW) REGULATIONS, 2009

[L.N. 169/2009.]

PART I — PRELIMINARY

1.	Citation These Regulations may be cited as the Council of Legal Education (Kenya School of Law) Regulations, 2009.

2.	Interpretation In these Regulations, unless the context otherwise requires— "Director" means the Director of the Kenya School of Law; “School" means the Kenya School of Law; "student" means a person registered at the Kenya School of Law to undertake a course of study.

3.	Application These Regulations shall apply to any person who wishes to be admitted to or is a student of the School at the time of the commencement of these Regulations.

PART II — ADMISSION AND REGISTRATION OF STUDENTS

4.	Compliance with admission requirements A person shall not qualify for admission to a course of study at the School, unless that person has met the admission requirements, set out in the First Schedule to these Regulations for that course.

Application for admission

(1)	Any person who wishes to be admitted to any course of study at the School, shall make an application to the School in Form KSL No. 1 set out in the Third Schedule and pay the fees set out in the Fourth Schedule to these Regulations.

(2)

The application under paragraph (1) shall be accompanied by —

(a)	academic transcripts for the relevant qualifying examinations;

(b)	academic certificate or any other academic award;

(c)	a copy of the National identification card;

(d)	two passport photographs,

of the applicant and any other document the School may from time to time require.

(3)	The School shall consider an application submitted under paragraph (2) and if it is satisfied that the applicant meets the admission requirements, admit the applicant to the School.

Registration of students

(1)	The School shall, upon payment of the prescribed fees, register a successful applicant and issue him with a student identification number and card.

(2)	The student shall in all matters pertaining to the business of the School use the student identification number and card issued under paragraph (1).

(3)	The student identification card shall remain the property of the School and shall be surrendered to the School upon completion of the course of study.

(4)	The School may, upon a formal request, allow a person who cannot take up an offer for admission to defer registration for twelve months after which the offer for admission shall lapse.

PART III — ACADEMIC PROGRAMMES, EXAMINATIONS AND CONFERMENT OF ACADEMIC AWARDS

Course programme and units

(1)

The Director shall, in consultation with the Council, determine and publish in the Gazette —

(a)	the academic programmes and course units; and

(b)	the academic calendar, including the duration of each course of study.

(2)	A student shall submit to the authority of the Director and attend the course registered for diligently to the satisfaction of the Director and the Council.

(3)	The Director shall cause records of attendance to be kept in respect of each course and the record shall be conclusive evidence of attendance at the School.

(4)

A student shall not be eligible to sit for any examination in any course of study unless that student has —

(a)	attended at least two thirds of the lectures offered in that course;

(b)	participated in the moot court clinics and any other practical outputs; and

(c)	undertaken course work and assignments.

(5)	Where special circumstances exist, the Council may subject to the requirements of the Advocates Act (Cap. 16) waive or modify the provisions of this Part.

Board of Examiners

(1)

There is hereby established a Board to be known as the Board of Examiners which shall consist of the following members —

(a)	the Director, who shall be the Chairperson;

(b)	the Deputy Director, who shall be the Vice-Chairperson;

(c)	the Assistant Directors;

(d)	all academic members of staff;

(e)	the Librarian;

(f)	the Academic Manager, who shall be the Secretary;

(g)	the Administration Manager; and

(h)	the Finance Manager.

(2)	Where both the Director and the Deputy Director are not present in a meeting, the members of the Board who are present shall elect one of the Assistant Directors to chair that meeting.

(3)

The Board of Examiners shall, in consultation with the Council —

(a)	determine the examination calendar of the School;

(b)	appoint internal examiners, external moderators and external quality assurers;

(c)	supervise the setting and moderation of examinations;

(d)	organize, administer and invigilate the examinations;

(e)	organize the marking of examinations;

(f)	make academic awards; and

(g)	undertake any other responsibility relating to examinations as may be assigned by the Council.

School examinations

(1)	The mode of assessment in a course of study may consist of written examination, oral examination, course work, assignment, practical simulation and other academic activities set out in the First Schedule.

(2)	The Council shall determine in each course of study and course curriculum the proportion of marks allocated for each mode of assessment.

(3)	The Director shall, in consultation with the Council, determine the structure and duration of each examination.

(4)	A student who intends to sit for any examination shall apply to the Director two weeks before the commencement of the examination period and pay the prescribed fees or charges that apply to that examination.

(5)	Unless stated in the specific programme of study, a candidate shall be allowed a maximum of five examination sittings in each course of study, which shall be undertaken within a maximum period of three years.

(6)	The Director shall discontinue from the School a student who fails to sit for examinations within a period of three years from the date of registration.

10.

Examination procedure

(1)	The Director shall, in consultation with the Board of Examiners, determine and publish in the Gazette the date and venue of the examinations.

(2)

The Director shall —

(a)	prepare and publish on School notice boards a list of the names of persons who are eligible to sit for an examination; and

(b)	issue the students who are eligible to sit for examination with examination cards and index numbers.

(3)	The index number issued under paragraph (2)(b), shall be the sole identifying mark during examinations.

(4)	A student shall avail himself to the examination process in good time and be of good behaviour throughout the examination period.

(5)	A student who has a reasonable cause not to sit for an examination at the appointed date or venue may apply to the Director to defer the sitting of the examination to such other date or venue as the Director shall appoint.

(6)	The Director shall convene a meeting of the Board of Examiners as soon as it is practical, after the completion of the examination process, to adjudicate the results of the examination.

(7)	The decision of the Board of Examiners shall constitute provisional results of the examination which results shall be conveyed to the Council for approval.

(8)	The Director may, subject to the approval of the Council, release provisional results.

11.

Remarking of examination scripts

(1)	A student who is dissatisfied with the grade awarded in any given examination paper may, within thirty days of the mark being approved by the Council, appeal in writing to the Director for a remark of the examination script.

(2)	The student shall pay the remarking fee set out in the Fourth Schedule.

(3)	The Director shall cause the examination script to be remarked and the new mark shall, where appropriate, be entered into the records of the student.

(4)	The mark or grade awarded under paragraph (3) shall be final in determining whether a candidate has passed or failed the course of study.

12.

Examination irregularities

(1)	A student who commits an examination irregularity shall be liable to disciplinary action and the Board of Examiners shall nullify the mark attained in that course.

(2)

Examination irregularities shall, among others, include —

(a)	cheating and plagiarism;

(b)	passing or receiving verbal, written or sign communication during an examination;

(c)	use of any form of technology to transfer information relating to the examination to or from other candidates during the examination;

(d)	possession of any unauthorized material relating to the examination in the examination room;

(e)	copying from or allowing another student to copy one's examination answer sheets; or

(f)	allowing another person to sit an examination on behalf the candidate and vice versa.

13.

Academic awards

(1)	Subject to any written law, the Council may award a certificate, diploma or post-graduate diploma or any other award as the Council may determine.

(2)	The Council may make an academic award to a student who has successfully undertaken a course of study at the School.

(3)	Subject to paragraph (2), a student shall not qualify for an award under these Regulations unless that student has attained the required pass mark in the course of study.

(4)	The School may withdraw and recall an academic award if it is satisfied that the student did not comply with these Regulations or the award was obtained through fraud.

14.

Qualification under the Advocates Act

A person shall not be duly qualified for an award under section 13(1)(b) of the Advocates Act (Cap. 16) unless that person —

(a)	has completed the Graduate Diploma (Advocate Training Programme) course at the School; and

(b)	has complied with the requirements of the Council.

PART IV —STUDENT CONDUCT AND DISCIPLINE

15.

Duration of the programme

(1)	All students shall, with regard to the attendance of lectures, academic activities and discipline, submit to the authority of the Director or his appointee.

(2)	A student who wishes to suspend his study programme for a reasonable cause may apply to the Director for deferment of the course.

(3)	The Director may allow the deferment of a course for a maximum period of twelve months after which the student will be required to apply afresh for admission to the School.

(4)	The Director may discontinue a student who habitually fails to attend lectures, course work and assignments.

16.

Student discipline

(1)	The Director shall enforce discipline in the School.

(2)	All students shall submit to the authority of the Director, conduct themselves with integrity and decorum, and adhere to the School's Disciplinary Code.

(3)	A student who contravenes the provisions of this regulation may be subject to the School's disciplinary process.

(4)	The Director shall suspend any student from attending the School where, in his opinion, there are reasonable grounds to believe that the student may disrupt the normal operations of the School.

(5)	A student shall refrain from engaging in activities which constitute misconduct set out in Second Schedule.

17.

Disciplinary Committee and procedure

(1)

The Director shall appoint a Disciplinary Committee which shall consist of the following members —

(a)	the Assistant Director of the Post Graduate Diploma (Advocates Training Programme), who shall be the Chairman;

(b)	the Assistant Director of Continuing Professional Development, Research and Projects;

(c)	senior member of the academic staff;

(d)	the Human Recourses and Administration Manager;

(e)	a student representative; and

(f)	the Academic Manager, who shall be Secretary.

(2)	Where the Chairman of the Disciplinary Committee is not present, the Committee shall elect an interim Chairman from the present members.

(3)	Upon receipt of a complaint about a student's breach of the Disciplinary Code, the Academic Manager shall issue a notice in writing to the student requiring him to show cause why disciplinary action should not be taken against him.

(4)	Where a student is able to show good cause, the matter is otherwise resolved or adjudicated upon administratively, the Chairman shall inform the student of the outcome and the matter shall be considered settled.

(5)

Where a student is not able to show good cause and the matter is of such a serious nature that a mere warning to take corrective action is not sufficient disciplinary action, the Chairman of the Disciplinary Committee shall as soon as it is practicable convene a disciplinary hearing to adjudicate the matter.

(6)	The Disciplinary Committee shall make its rules of procedure.

(7)	The Disciplinary Committee shall give a student an opportunity to present his case in person.

(8)	The Disciplinary Committee may impose such disciplinary sanctions including suspension and expulsion from the School as it considers fit in the given circumstances.

(9)	A student who is aggrieved by the decision of the Disciplinary Committee may appeal to the Council.

PART V — MISCELLANEOUS

18.

Fees and charges

(1)	The Council may prescribe fees and charges payable for each training programme and any other services that may be rendered as it shall consider necessary from time to time.

(2)	The fees and charges payable for each training programme and services rendered shall be as set out in the Fourth Schedule.

19.

Transitional arrangements

A student who registered for and took at least one examination of the Academic Programme (1995 programme) before the commencement of the Post Graduate Diploma (Advocates Training Programme) shall be allowed five maximum sittings authorized per course of study by Council under these Regulations.

20.	Repeal The Council of Legal Education (Admissions) Regulations, 2007 (LN. 400/2007), are hereby repealed.

FIRST SCHEDULE

[Reg. 4.]

PROGRAMME, CURRICULUM AND EXAMINATIONS

PART A—POST GRADUATE DIPLOMA (ADVOCATES TRAINING PROGRAMME)

I — GENERAL PROVISIONS

1.	General objectives The general objective of the Post Graduate Diploma (Advocate Training Programme) shall be to train persons to serve in all fields of law and to instill in the persons offering legal services professional preparedness and ethical commitment.

Training methodologies

The overall training methodologies and techniques shall include —

(a)	interactive lectures;

(b)	seminars and tutorials;

(c)	simulations;

(d)	moot courts;

(e)	role plays;

(f)	visits/study tours;

(g)	exchange programmes;

(h)	pupilage and attachment programmes;

(i)	clinical work.

Assessment in the programme

The overall methods of assessment shall include —

(a)	written examination - 60% (unless otherwise provided all written examinations shall constitute a 3 hour paper);

(b)	oral Examinations – 20%;

(c)	project work – 20%;

(d)	unless stated in the particular course of study the pass mark in this programme shall be 50%.

Monitoring and evaluation of programmes

(1)

In evaluating a programme the School shall use the following methods —

(a)	centralized programme;

(b)	peer evaluation or review;

(c)	student course lecturer evaluation.

(2)	The key performance indicators shall be internal, external and correspond with bell-curve assessment.

II — ADMISSIONS REQUIREMENTS INTO THE ADVOCATES TRAINING PROGRAMME

Admission requirements

A person shall not be eligible for admission for the Post Graduate Diploma (Advocate Training Programme) unless that person has —

(a)	passed the relevant examination of any recognized university in Kenya, he holds or has become eligible for the conferment of the Bachelor of Laws Degree (LL.B) of that university;

(b)

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 the Bachelor of Laws Degree (LL.B) in the grant of that university, university college or other institution, had prior to enrolling a that university, university college or other institution —

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

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

(c)

a Bachelor of Laws Degree (LL.B) from a recognized university and attained a minimum grade of C+ (C plus) in English and a minimum aggregate grade of C (plain) in the Kenya Certificate of Secondary Examination, holds a higher qualification e.g. "A" levels, "IB", relevant "Diploma", other "undergraduate degree" or has attained a higher degree in Law after the undergraduate studies in the Bachelor of Laws Programme; or

(d)

a Bachelor of Laws Degree (LL.B) from recognized university and attained a minimum grade of C- (C minus) in English and a minimum of an aggregate grade of C- (C minus) in the Kenya Certificate of Secondary Examination sits and passes the Pre-Bar Examination set by the Council of Legal Education as a pre-condition for admission.

Programme units

The Post Graduate Diploma (Advocates Training Programme) shall consist of the following course units—

(a)	civil litigation;

(b)	criminal litigation;

(c)	probate and administration;

(d)	legal writing and drafting;

(e)	trial advocacy (including clinical programme);

(f)	professional ethics;

(g)	legal practice management;

(h)	conveyancing;

(i)	commercial transactions;

(j)	pupilage (six months attachment).

Duration of programme

(1)

The programme shall last for a period of eighteen months, which shall be broken down as follows —

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

(b)	pupillage period to last for six months.

(2)	No student shall be exempted from the training component of the programme.

Examinations

(1)	A student shall sit and pass examination papers in all unit courses including pupillage to qualify for the award of the Certificate of Compliance under section 15 of the Advocates Act (Cap. 16).

(2)	A student shall be awarded a Post Graduate Diploma in Law under the Advocates Training Programme.

9.	Certificate of compliance A student who has complied with all the requirements of the Post Graduate Diploma (Advocates Training Programme) shall be eligible to apply for admission as an Advocate of the High Court of Kenya.

III — PRE-BAR EXAMINATIONS

10.

Examination objectives and units

(1)	A pre-bar examination shall be administered to students who hold a Bachelor of Laws Degree (LL.B) from a recognized University but do not qualify for direct admission under these Regulations.

(2)	The pre-bar examination shall test the mastery of legal techniques, legal writing and substantive legal principles at the degree subject level and proficiency in English.

(3)

The pre-bar examination shall consist of three hour examination in each of the following courses —

(i)	legal methods, systems and constitutional law;

(ii)	the law of contract;

(iii)

the law of torts;

(iv)

land law;

(v)	family law and succession;

(vi)	commercial law which shall include aspects of business associations.

11.	Admissions A student shall sit and pass examination papers in all courses undertaken to qualify for admission to the Advocates Training Programme.

PART B — DIPLOMA IN LAW TRAINING (PARA-LEGAL) PROGRAMME

12.	General objectives The objective of the Diploma Law Training (Para-Legal) Programme is to train persons to serve in all fields of law and instill in persons offering legal services professional preparedness and ethical commitment at the para-legal level.

13.

Training methodologies

The overall training methodologies and techniques of the programme shall include —

(a)	interactive lectures;

(b)	tutorials (where applicable);

(c)	simulations;

(d)	moot courts (limited).

14.

Assessment in the programme

The overall methods of assessment shall include —

(a)	written examination - 70% (unless otherwise provided, all written examinations shall constitute a 3 hour papers);

(b)	assignments and tests - 30%;

(c)	unless stated in the particular course of study the pass mark in this programme shall be 50%.

15.

Admission requirements

A student seeking admission to the Diploma Law Training (Para-Legal) Programme shall —

(a)	have a Mean grade of C (C Plain) in the Kenya Certificate of Secondary Education or equivalent examination and a minimum grade C+ (C Plus) in English;

(b)	at least one principal pass at the Kenya Advanced Certificate of Education (KACE) examinations; or

(c)	a distinction or credit pass in the Certificate in Law course conducted at the Kenya School of Law (2000-2003) or any other Certificate or Diploma in a relevant field.

16.

Programme units

The Diploma Law Training (Para-Legal) Programme shall consist of the following units —

(a)	general principles of constitutional law and legal systems;

(b)	contract law;

(c)	law of tort;

(d)	criminal law;

(e)	bookkeeping and accounting;

(f)	office practice and management;

(g)	commercial law;

(h)	family law;

(i)	law of succession;

(j)	law of property in land;

(k)	civil procedure;

(l)	criminal procedure;

(m)	company law;

(n)	conveyancing;

(o)	law of other business associations.

17.	Programme duration and content The duration of the Diploma Law Training (Para-Legal) Programme shall be of two academic years divided into semesters.

18.

Examinations and award of diploma

(1)	A student shall not be eligible for an award of a Diploma Law Training (Para-Legal) Programme unless that student has taken and passed all the prescribed courses.

(2)

An award of the Diploma Law Training (Para-Legal) Programme shall be in the following categories —

(a)	distinction — 70% and above;

(b)	credit — 60% – 69%;

(c)	pass — 50% – 59%.

(3)	A person shall not be awarded an academic award under these Regulations unless that person has the overall mark of 50%.

PART C — CONTINUING PROFESSIONAL DEVELOPMENT AND SHORT COURSES PROGRAMME

19.	Objectives The objectives of the Continuing Professional Development and Short Course Programme is to train persons to serve in all fields of law and to instill in persons offering legal services, professional preparedness and ethical commitment.

20.

Training methodologies

(1)

The overall training methodologies and techniques of the Continuing Professional Development and Short Course Programme shall include —

(a)	interactive lectures;

(b)	seminars and tutorials;

(c)	audio visuals;

(d)	visits or study tours.

(2)

The learning methodology of the Continuing Professional Development and Short Course Programme shall include —

(a)	interactive lectures;

(b)

briefing;

(c)	plenary discussions;

(d)	group discussions;

(e)	dramatic skits;

(f)	role play and simulations, including moot courts;

(g)	demonstration;

(h)	exercises;

(i)	debates and roundtables;

(j)	visits to designated places of relevance and interest.

21.

Admission requirement

(1)	Any person who has undertaken any legal training, possess relevant professional qualifications may be admitted for Continuing Professional Development and Short Courses Programme.

(2)	The School shall deliver the Continuing Professional Development and Short Courses Programme in course modules.

(3)	Each module shall have specific admission criteria which will be set out in the relevant advertisement or brochure for each course.

22.

Programme units

The Continuing Professional Development and Short Courses Programme shall consist of the following courses modules —

module one: anti-corruption and anti-money laundering

module two: competition law

module three: business associations, corporate governance and corporate social responsibility

module four: conveyancing

module five: the regulation of exchange of labour

module six: bankruptcy

module seven: capital markets and securities

module eight: taxation

module nine: procurement and public accountability

module ten: banking and financial services

module eleven: insurance

module twelve: intellectual property

module thirteen: negotiation skills

module fourteen: legislative drafting

module fifteen: public debt management and loan agreement

module sixteen: transnational corporations

module seventeen: international business transactions

module eighteen: investments law

module nineteen: maritime law

module twenty: international and regional economic institutions

module twenty-one: international dispute resolution

module twenty-two: alternative dispute resolution (ADR)

module twenty-three: international commercial arbitration (ICA)

module twenty four: advanced trial advocacy

module twenty five: civil litigation

module twenty six : conveyancing and real estate management

module twenty seven: family law advocacy

module twenty eight: environmental law and litigation

module twenty nine: rule of law and governance

module thirty: human rights law

module thirty one: gender and the law

module thirty two: child rights

module thirty three: treatment of offenders and victims of crime

module thirty four: disability and the law

module thirty five: HIV/AIDS

module thirty six: refugee law

module thirty seven: medical law

module thirty eight: project management

module thirty nine: corporate law

module fourty: co-operatives law

module fourty one: east african community law

module fourty two: Common Market For Eastern And Southern Africa (Comesa)

module fourty three: New Partnership For Africa's Development (NEPAD).

23.

Programme duration

(1)	The School shall advertise the course contents and duration of each course in the Continuing Professional Development and Short Courses Programme in the local media before seeking applications and admitting relevant students.

(2)	The School shall allocate sufficient time and other resources to the Continuing Professional Development and Short Courses Programme to meet the objective of the training programme.

SECOND SCHEDULE

[Reg. 16(5).]

Disciplinary Code

A student shall refrain from committing any or all of the following, which shall constitute misconduct —

(a)	failing to attend the School without the Director's authority;

(b)	stealing or damaging the property of the School;

(c)	removing, hiding or tampering with library materials and other equipment;

(d)	cheating in examinations;

(e)	failure to maintain the School dress code by wearing jeans, t-shirts, mini skirts and other indecent clothes or such other clothes during active school time;

(f)	convening, participating or in any other way, getting involved in demonstrations, gatherings or processions or ceremonies for which permission has not been obtained from the Council or Government;

(g)	Organizing or in any other way being involved in pickets or in any way preventing other students or members of staff from performing their duties;

(h)	possessing, handling and using drugs or drinks during school time;

(i)	being drunk and disorderly within the School premises;

(j)	creating unnecessary noise or behaving in an unruly or rowdy manner causing disturbance or annoyance to other occupants of the School;

(k)	sexually harassing other students or members of staff;

(l)	assaulting or in engaging in any other form of violence against a student, member of staff or members of the public.

2.	Penalty A person who breaches this disciplinary code shall Be liable to disciplinary action.

Disciplinary action

Notwithstanding the generality of paragraph (2), a person who breaches any of the above provision shall be liable to disciplinary action and the Disciplinary Committee may initiate any of the following sanctions —

(a)	reprimand;

(b)

warning;

(c)	restitution;

(d)	suspension;

(e)	expulsion.

THIRD SCHEDULE

[KSL.1; Reg. 5).]

APPLICATION FORM

Section A:

Name: ................................................................................................................

Surname

(Other names in full)

2.	Contact Address: ................................................................................................. ...........................................................................................................................

3.	Permanent Address (if different from 2): .......................................................... .............................................................................................................................

Telephone Contacts:

Landline/Telcom wireless: ..........................................................................

Mobile: .................................................................................................

E-mail: .....................................................................................................

Nearest Town: ........................................................................................

5.	Date of Birth: Day ............... Month ...........................Year ...................

6.	Nationality: .....................................................................................................

7.	Identity Card No: ................................... Passport .......................................

8.	Gender (Male/Female): .................................................................................

9.	Marital Status: .......................................................................................

10.

Next of Kin: ..............................................................................................

His/her Telephone No: ................................................................................

Relationship: ...........................................................................................

Section B:

11.	Qualifications and institutions obtained from:

Qualifications	School/College/University Attended	Year of Completion	Grades Obtained
(i) Academic
		.
.
			.
	.
(ii) Professional
		.
.
			.
	.

12. Working/Research experience (where applicable)

Employer	Work Station	Occupation	Period
			.
.
			.
	.
.
			.

Section C:

DECLARATION BY APPLICANT

I hereby DECLARE that to the best of my knowledge the information herein given is true and accurate and that I bear responsibility for all inaccuracies and misinformation if any.

Signature: ............................................. Date: ..............................................

Section D:

12.	For official use: (i) Approved for direct admission (ii) Approved to sit Pre-Bar Examination (iii) Not approved (Give Reason(s)

Payment Receipt No.: ..............................................................................

Designation of Officer: .............................................................................

Signature: ..................................................................................................

Date: ..........................................................................................................

NOTES (Instructions to fill form KSL 1)

1.	This form should be filled in or completed in BLOCK LETTERS, and returned to— The Academic Manager, Kenya School of Law, P.O. Box 30369-00100, NAIROBI.

Please attach the following documents—

(a) a copy of the applicant's LL.B. Degree certificate or provisional certificate;

(b) a copy of his/her academic transcripts or mark-sheets;

(c) a copy of his/her law syllabus and reading lists. Such syllabus must detail all topics covered in each subject/course of study;

(d) copies of "0" and "A" level certificates or K.C.S.E. certificate;

(e) a copy of his/her national identity card;

(f) two "one- inch" by "one- inch" (1" x 1") colored photographs;

3.	Applicants must deposit a non-refundable application fee of Kshs.2, 000/- as below — Account Name: Kenya School of Law Account No: 0100131599701 Branch: National Bank of Kenya, Hill Branch, NHIF Building.

4.	Present the deposit slip for receipting at our cash office and attach to this form as proof of payment.

FOURTH SCHEDULE

[Reg. 5(1).]

FEES AND CHARGES

Item

Amount (KSh.)

1. Application fees for admission to any course of study.

2, 000

2. Library fee charged to all students admitted to the School (except those attending the CPD Programme).

5,000

3. Tuition fees for the Para-Legal Programme per course unit.

7, 500

Tuition fees for the Advocates Training Programme (ATP).

15,000

4. Examination fees for re-marking of ATP examinations.

5,000

Examination fees For re-sits per course unit in the Advocates Training Programme

6,000

Examination fees For re-sits per unit in the Para-Legal Training Programme

3,000

KENYA SCHOOL OF LAW (TRAINING PROGRAMMES) REGULATIONS, 2015

[L.N. 175/2015.]

PART I — PRELIMINARY

1.	Citation These Regulations may be cited as the Kenya School of Law (Training Programmes) Regulations, 2015.

Interpretation

In these Regulations, unless the context otherwise requires—

"Academic Services Manager” means the person for the time being in charge of the academic services section or department of the School;

“Committee of Examiners" means the Committee established under regulation 25;

"coursework" includes a class assignment, a study group assignment, an exercise, group work, a moot court activity and any other examinable activity as determined by the School;

"examination" means any mode of assessment approved by the Board and includes project work, an oral examination and the written examination required for each course unit;

"Examinations Co-ordinator" means the person designated as such by the Director under regulation 30;

“examination period" means the period in any given year or School term during which students sit for written examinations;

"Nominal Roll" means the register kept and maintained by the School in which the name of each student admitted to the School and the student's relevant details are entered and in which the student signs;

"Pre-Bar Examination" means an examination required under the Second Schedule to the Act in order for an applicant to be admitted to the School to undertake the Advocates' Training Programme; and

"student" means a person admitted and registered at the School to undertake a course of study.

3.	These Regulations shall apply to any person who has applied to be admitted as a student to the School or to a person who is a student at the School.

PART II — ADMISSION REQUIREMENTS AND REGISTRATION OF STUDENTS

4.	Notice The Director shall publish a notice in the Gazette, in at least one newspaper with a national circulation and in the School's website which shall invite eligible persons to apply for admission to a training programme at the School.

5.	Qualification of applicants A person shall qualify to apply for admission to the School where that person meets the relevant admission requirements under the Act or these Regulations.

Pre-Bar Examination and eligibility for the Advocates' Training Programme

(1)	A person who wishes to be admitted to the Advocates' Training Programme shall apply to the School to sit for the Pre-Bar examination in the prescribed form and shall pay the prescribed fees.

(2)

An applicant under this regulation shall provide —

(a)	a copy of the relevant academic certificate or academic award;

(b)	copies of the relevant academic transcripts;

(c)	a copy of the applicant's identity card or valid passport;

(d)	two passport size photographs;

(e)	the prescribed fee; and

(f)	any other document that the School may require.

(3)

The Pre-Bar examination shall examine the applicant in —

(a)	Legal Systems and Methods;

(b)	the General Principles of Constitutional Law;

(c)	the Law of Tort;

(d)	the Law of Contract; and

(e)	Criminal Law.

(4)

Despite paragraph (3), the Pre-Bar examination shall test an applicant's mastery of —

(a)	general principles of law;

(b)	legal techniques;

(c)	language of the law; and

(d)	proficiency in English.

(5)	The pass mark in the Pre-Bar Examination shall be fifty per cent.

(6)	The results of the Pre-Bar examination of an applicant shall not be re-marked: Provided if the applicant fails to pass the, the applicant may sit for the examination when it is next offered by the School.

(7)	An applicant who passes the Pre-Bar examination shall be eligible to be admitted to the Advocates' Training Programme.

Application for admission to the Paralegal Studies Programme

(1)	A person who wishes to be admitted to the Paralegal Studies programme of the School shall apply to the School in the prescribed form.

(2)

Each application under paragraph (1) shall be accompanied by —

(a)	a copy of the applicant's relevant academic certificate or academic award;

(b)	copies of the relevant academic transcripts;

(c)	a copy of the applicant's national identity card or valid passport;

(d)	two passport size photographs of the applicant;

(e)	the prescribed fees; and

(f)	any other document that the School may require from the applicant.

Admission

(1)	Where the School is satisfied that an applicant meets the admission requirements under the Act or these Regulations, the School shall issue a letter of offer to the applicant.

(2)

Where an applicant accepts an offer of admission to the School, the School shall register the applicant for the relevant academic programme and enter the applicant's name in the Nominal Roll

Provided that the applicant shall be registered where the applicant shall have presented to the School original copies of the documents specified in regulation 6(2) (a), (b) and (c) or regulation 7(2) (a), (b) and (c), and upon proof of payment of the prescribed fees.

(3)	An applicant whose name shall have been entered in the Nominal Roll shall sign against his or her name and that signature shall be used by the applicant in all communication with the School including when signing a class or study group register.

(4)

The Director may permit an applicant who cannot take up an offer of admission to an academic programme of the School, on that applicant's request in writing and for good cause, to defer his or her registration for a period not exceeding three years:

Provided that where the applicant for the Advocates' Training Programme does not take up the offer of admission within three years of the date of the letter of offer, the offer shall lapse and the applicant shall be required to sit for the Pre-Bar examination if the applicant wishes to be admitted at the School.

Admission number and student identity card

(1)	The School shall assign each student an admission number and shall issue each student with a student identification card.

(2)	Each student, when communicating with the School, shall cite his or her admission number and, while on the School premises, display his or her student identification card.

(3)	Each student shall surrender his or her student identification card to the School on the completion of that student's academic programme or on demand by the School.

(4)	This regulation shall not apply to a student admitted to a course under the Continuing Professional Development programme.

PART III — CURRICULUM AND METHODOLOGY

10.

Curriculum and course units for the Advocates' Training Programme

The curriculum of the Advocates' Training Programme shall comprise of the following course units —

(a)	civil litigation;

(b)	criminal litigation;

(c)	probate and administration;

(d)	legal writing and drafting;

(e)	trial advocacy;

(f)	professional ethics;

(g)	legal practice management;

(h)	conveyancing;

(i)	commercial transactions;

(j)	pupillage; and

(k)	any other unit that the Board of Directors may, from time to time, prescribe.

11.

Training methodology for the Advocates' Training Programme

The training methodology for the Advocates' Training Programme shall include—

(a)	interactive lectures;

(b)	seminars and tutorials;

(c)	simulations;

(d)	moot courts;

(e)	role plays;

(f)	study tours;

(g)	exchange programmes; and

(h)	legal clinics.

12.

Training period and pupillage of the Advocates' Training Programme

(1)	The Advocates' Training Programme shall last for a period of eighteen months which shall comprise tuition and supervised pupillage.

(2)	The School may publish guidelines on the manner in which pupillage shall be conducted and supervised.

13.

Curriculum and course units for the Paralegal Studies Programme

The curriculum of the Paralegal Studies Programme shall comprise of the following course units —

(a)	Introduction to law and legal systems;

(b)	Law of contract;

(c)	Law of tort;

(d)	Criminal law;

(e)	Bookkeeping and accounting;

(f)	Office practice and management;

(g)	Commercial law;

(h)	Family law;

(i)	Law of succession;

(j)	Law of property in land;

(k)	Civil procedure;

(l)	Criminal procedure;

(m)	Law of evidence;

(n)	Company law;

(o)	Conveyancing;

(p)	Law of other business associations;

(q)	any other Unit that the Board of Directors may prescribe.

14.

Training methodology in the Paralegal Studies Programmes

The training methodologies and techniques for the Paralegal Studies Programme shall include —

(a)	interactive lectures;

(b)	tutorials; and

(c)	simulations.

15.	Duration of the programme The duration of the Paralegal Studies Programme shall be two years and shall be divided into semesters or terms.

16.

Assessment and issuance of certificate in the Paralegal Studies Programme

(1)	The School shall assess each course unit using coursework and a final written examination.

(2)	The Board of Directors shall determine the percentage to be allocated for each mode of assessment.

(3)	The pass mark in each unit in the Paralegal Studies Programme shall be fifty per cent.

(4)	The School shall issue a diploma in law for a person who successfully completes a study course in the Paralegal Studies Programme.

17.	School to develop courses for continuing professional development The School shall develop and offer courses in legal and related fields for the purposes of enhancing knowledge, practical skills course, for professional development.

18.

Courses for continuing professional development

The School may offer courses —

(a)	on the request of a relevant person; or

(b)	that have been developed by the School.

19.

Training methodology in the Continuing Professional Development Programme

The training methodology in the Continuing Professional Development Programme shall include —

(a)	interactive lectures;

(b)	group discussions;

(c)	plenary discussions;

(d)

skits;

(e)	role playing and simulations;

(f)	demonstration;

(g)	exercises;

(h)	debates and round-table discussions;

(i)	attachments; and

(j)	study tours.

20.

Course duration under the Continuing Professional Development programme

(1)	The School shall determine the duration of each course under the Continuing Professional Development Programme on the basis of the content of each course and the needs of the course participants.

(2)	The School may employ different modes of delivery of a course, including class lectures, open and distance learning.

21.	Assessment under the Continuing Professional Development programme The School shall determine the mode of assessment for each course offered under the Continuing Professional Development Programme.

22.	Certificate of completion under the Continuing Professional development Programme The School shall issue a certificate to a person who successfully completes a course under the Continuing Professional Development Programme.

PART IV — EXAMINATIONS AND ACADEMIC AWARDS

23.	Application of Part This Part shall apply to all examinations offered by the School.

24.

Establishment of Committee of Examiners

(1)

There is established a committee to be known as the Committee of Examiners which shall comprise of —

(a)	the Director who shall be the chairperson;

(b)	the Deputy Director who shall be the vice-chairperson;

(c)	all Assistant Directors;

(d)	the Examinations Co-ordinator;

(e)	three members of the academic staff appointed by the Director; and

(f)	the Academic Services Manager of the School who shall be the secretary to the Committee.

(2)	The chairperson shall preside at every meeting of the Committee and in the absence of the chairperson, the vice-chairperson shall preside.

(3)	Where the chairperson and the vice-chairperson are not present at a meeting of the Committee, the members present shall elect one of their number to preside at that meeting.

(4)	The quorum for a meeting of the Committee shall be half of the members of the Committee.

(5)

The Committee shall be responsible for the overall management of examinations and shall, in consultation with the Board —

(a)	determine the calendar of examinations of the School;

(b)	recommend to the Director persons to be appointed as internal examiners or moderators;

(c)	supervise the setting and moderation of examinations;

(d)	organise, administer and invigilate at examinations;

(e)	determine the structure and duration of an examination;

(f)	organise the marking of examinations;

(g)	recommend academic awards; and

(h)	undertake any other responsibility relating to examinations as may be assigned by the Board.

(6)	Subject to these regulations, the Committee shall regulate its own procedure.

25.

Co-ordination of Examinations

The Academic Services Manager shall—

(a)	be in charge of the office dealing with examinations;

(b)	liaise with the Examinations' Co-ordinator and invigilators for the effective management of an examination;

(c)	prepare examination venues;

(d)	deliver question papers and examinations scripts to invigilators;

(e)	receive and take custody of answer booklets from invigilators;

(f)	receive and take custody of marking schemes from internal examiners;

(g)	record, tabulate and keep in safe custody examination results; and

(h)	perform any other function that may be assigned by the Director.

26.

Eligibility to register and sit for examination

(1)

A student shall be eligible to register and sit for a written examination if the student—

(a)	has attended at least two-thirds of all the lectures offered in relation to that course unit; and

(b)	has paid all the fees in relation to that course unit.

(2)	The student shall complete and submit the prescribed registration form to the Academic Services Manager at least thirty days before the commencement of the examination period.

(3)	The Director may, upon a student's written application and for good cause, permit a student to register out of time for an examination.

(4)	The Academic Services Manager shall issue each eligible student who has registered for the examination with an examination card at least one week before the commencement of the examination period.

(5)	For the purposes of this regulation "written examination" shall not include coursework or any other continuing assessment test.

27.

Deferment of an examination

(1)	A student may, with good cause, apply in writing to the Director to defer the sitting of an examination in relation to a course unit: Provided that the deferment shall not be for a period exceeding two years.

(2)	An application under paragraph (1) shall be made at least two weeks before the commencement of the examination period.

(3)	The Director may permit, for good cause, a student to apply for a deferment after the commencement of the examination period.

(4)	Where a student fails to sit for the examination for which the student has registered or for which a deferment was granted after the period of deferment has ended, that student shall be deemed to have failed that examination.

28.

Sitting an Examination

(1)	A candidate at an examination shall present to the invigilator the examination card and student identity card.

(2)	Each candidate shall enter the examination room not later than thirty minutes after the sitting of the examination has begun.

(3)	A candidate shall not to exit the examination room within thirty minutes of the commencement of the examination.

(4)	A candidate shall not be permitted to exit the examination room when there are thirty minutes remaining before the end of the examination.

(5)	Despite paragraphs (3) and (4), a candidate shall not leave the examination room without the permission of the invigilator.

(6)	A candidate who violates paragraphs (3), (4) or (5) commits an act of examination irregularity and is liable to disciplinary action.

(7)	An invigilator may, for good cause, permit a candidate who has failed to produce an examination card or a student identity card to sit for an examination.

(8)	A candidate who has not been permitted to sit for or proceed with an examination under this regulation shall be deemed to have failed the relevant unit.

29.

Examinations’ Co-ordinator

(1)	The Director shall, in each year, designate a member of the academic staff to be the Examinations' Co-ordinator.

(2)

The Examinations' Co-ordinator shall be responsible for co-ordinating the setting of, invigilation, and marking of examinations and shall —

(a)	liaise between the internal examiners and the examination moderators;

(b)	receive from the internal examiners and safely keep the draft question papers;

(c)	deliver the draft question papers to the designated moderators;

(d)	receive and safely keep the moderated examination papers;

(e)	cause to be produced in sufficient numbers question papers for the purposes of each examination;

(f)	supervise the invigilation of each examination; and

(g)	perform any other function as may be assigned by the Director.

30.

Marking of examinations

(1)	At the end of each examination period, the Director, shall designate a date and a venue for the marking of Examinations.

(2)	At the end of an examination period, the internal examiner shall submit to the Academic Services Manager the marking scheme for the relevant course unit.

(3)	The Academic Services Manager shall, upon receiving the marked scripts, deliver them to the moderators.

31.

Examination results

(1)	The Director shall convene a meeting of the Committee of Examiners to consider the results of an examination immediately the moderating of the examination is completed.

(2)	The Director may, on the recommendation of the Committee of Examiners, release the provisional results of an examination.

(3)	The Director shall release the final results of the examinations results on the approval of the provisional results by the Board.

32.

Examination results

(1)	A student who fails a course unit may apply in the prescribed form to re-sit the examination when it is next offered.

(2)	The total marks awarded to a student on re-sit shall take into account the marks awarded each for coursework.

33.

Examination irregularities

(1)	A student who commits an examination irregularity shall be liable to disciplinary action.

(2)

An examination irregularity shall include —

(a)

cheating;

(b)	plagiarism;

(c)	communicating with another candidate or any other unauthorised person while sitting for an examination;

(d)	using any form of unauthorised technology to access or transfer information during an examination;

(e)	being in possession of unauthorised materials while inside an examination room;

(f)	destroying unauthorised material to conceal the fact of its possession;

(g)	copying from or allowing another candidate to copy from one's answer booklet;

(h)	allowing a person to sit an examination on behalf of the candidate;

(i)	the refusal to stop writing when an invigilator has signified the end of an examination;

(j)	the failure to correctly or legibly write the required identification information on an answer booklet;

(k)	removing an examination script or an unused answer booklet from an examination room; and

(l)	any act or omission that the Committee of Examiners shall determine to be an examination irregularity.

(3)

Where an act of examination irregularity is committed —

(a)	the invigilator shall promptly take possession of any material, gadget or other instrument or devise that is being used to commit that act;

(b)	the invigilator shall fill out an incident form specifying the details of that act;

(c)	where the candidate admits to committing an act of examination irregularity, that candidate shall sign the incident form completed by the invigilator under paragraph (b); and

(d)	the invigilator shall deliver the incident form to the Academic Services Manager at the end of the examination.

34.

Academic awards

(1)	Subject to the Act or any other written law, the Board may, on the recommendation of the Committee of Examiners, award a certificate, diploma, post-graduate diploma or any other academic award.

(2)	The Board may withdraw an award it has bestowed on a person if it is satisfied that the award was bestowed due to fraud or misrepresentation by the holder of the award: Provided that the Board shall have given the holder of that award an opportunity to be heard by the Board.

PART V— STUDENT CONDUCT AND DISCIPLINE

35.

Code of conduct or guidelines on conduct

(1)	The School shall issue a code of conduct or guidelines on the conduct for students and a student shall abide by such code or guidelines.

(2)	A student shall not engage in any activity which may bring the School into disrepute.

(3)	A Student who resides in accommodation offered by the School shall abide by any additional regulations, guidelines or directives in relation to the hostel or other accommodation facilities in which the student resides.

(4)

A student shall —

(a)	except with good cause, attend all lectures, tutorials, seminars, legal clinics, study group meetings, coursework activities and any other scheduled activities of the School;

(b)	sign, using the signature he or she used to sign in the Nominal Roll, the class attendance register when the student attends class or participates in any other activity of the School;

(c)	not cause damage to the School's property or disrupt the School's operations; and

(d)	comply with any other requirements for the purposes of any of the programmes of the School.

(5)	A student who contravenes the provisions of this regulation shall be liable to disciplinary action.

36.

Student Disciplinary Committee

(1)	The Director shall set up a Student Disciplinary Committee to adjudicate any case relating to student discipline at the School.

(2)

The Disciplinary Committee shall comprise of —

(a)	the Deputy Director who shall be the chairperson;

(b)	the Assistant Director in charge of Advocates' Training Programme and Paralegal Studies;

(c)	the Assistant Director in charge of Continuing Professional Development, Projects and Research;

(d)	a senior member of the academic staff;

(e)	the Human Resource and Administration Manager;

(f)	a representative of students; and

(g)	the Academic Services Manager, who shall be the secretary to the Disciplinary Committee.

(3)	Where the chairperson is absent or is unable to preside at any meeting of the Committee, the members present shall elect a chairperson from among their number who shall preside at that meeting.

(4)	Subject to these Regulations, the Committee shall regulate its own procedure.

37.

Disciplinary proceedings

(1)

Where the Director has reason to believe that a student has committed an act of indiscipline under these Regulations or any other guidelines or codes of conduct, the Director shall —

(a)	take appropriate administrative action; or

(b)	refer the matter to the Disciplinary Committee;

(2)	Where the Director refers a matter to the Disciplinary Committee under paragraph (1), the Director shall give the student a notice of at least seven days for the student to show cause why disciplinary action should not be taken against the student.

(3)

The notice under paragraph (2) shall specify —

(a)	the date on or before which the student must show cause why disciplinary action should not be taken against him or her;

(b)	the date on or before which the student shall show cause; and

(c)	the date on which the student shall appear before the Committee.

(4)	The student shall show cause in writing and may be required to appear in person before the Disciplinary Committee on a specified date.

(5)	Where a student appears before the Committee, the student is entitled to be represented by a legal representative.

(6)	The Director shall notify the student in writing of the decision of the Committee within fourteen days of the decision being made.

(7)	A student who is dissatisfied with the decision of the Committee may, within thirty days of being notified of the decision of the Committee, appeal in writing to the Board against the decision and the decision of the Board is final.

38.

Decision of the Student Disciplinary Committee and sanctions

Where the Student Disciplinary Committee determines that a student has committed an act of indiscipline under these Regulations or any other guidelines or codes of conduct of the School, the Committee may —

(a)	suspend the student from the school for a period which shall not exceed two years;

(b)	levy a penalty against the student that shall not exceed twenty thousand shillings;

(c)	cancel the examination results of the student in a course unit;

(d)	reduce the grade awarded to the student in a course unit;

(e)	expel the student from a student hostel or accommodation facility of the School;

(f)	recover the cost of repairs or replacement if the student is responsible for causing damage to School property; or

(g)	expel the student from the School.

PART VI — MISCELLANEOUS

39.

Fees, charges and forms

(1)	The School may levy such fees and charges in respect of each course of study or service rendered by the.

(2)	The School may prescribe forms in respect of any activity to be done or application required to be made under the Act and these Regulations.

40.

Appeal against administrative decisions

(1)	Where a student is dissatisfied with an administration decision made under these regulations, that student may appeal in writing against the decision, within thirty days of being notified of the decision, to the Board.

(2)	The Board shall hear and determine the appeal as expeditiously as is practicable and its decision shall be final.

41.	Use of information communication technology by the School The School may, in the performance of its functions, employ such information or communications technology as may be appropriate in the circumstance.

42.	Revocation of L.N. No. 169 of 2009 The Council of Legal Education (Kenya School of Law) Regulations, 2009 (L.N. 169/2009) are hereby revoked.

43.

Transitional provisions

(1)

Despite the revocation of Council of Legal Education (Kenya School of Law) Regulations, 2009, any act, thing or decision pending under the Council of Legal Education (Kenya School of Law) Regulations, 2009, shall be continued or concluded as if the act or thing was done or decision made under these Regulations.

(2)

Despite paragraph (1), a person who immediately before the coming into force of these Regulations has sat but has not completed the Pre-Bar examination offered under the Council of Legal Education (Kenya School of Law) Regulations, 2009, the person shall be entitled to sit the examination in accordance with the provisions of the Council of Legal Education (Kenya School of Law) Regulations, 2009, within 12 months of the coming into force of these Regulations.

Laws of Kenya