Act No: No. 27 of 2012
Act Title: LEGAL EDUCATION
SUBSIDIARY LEGISLATION
Arrangement of Sections
COUNCIL OF LEGAL EDUCATION (ACCREDITATION OF LEGAL EDUCATION INSTITUTIONS) REGULATIONS, 2009
[L.N. 170/2009.]
PART I — PRELIMINARY
1.
Citation

These Regulations may be cited as the Council of Legal Education (Accreditation of Legal Education Institutions) Regulations, 2009.

2.
Interpretation

In these Regulations unless the context otherwise requires—

"accreditation" means the confirmation, evidenced by an evaluation of the institution under regulation 6, that an institution has met the training standards prescribed by the Council;

“legal education" means any education or training programme offered by an institution whose object is to impart knowledge or skills in the area of law, or such other educational or institutional training that the Council may declare to be legal education or training;

"legal education institution" means any institution or place of learning however established whose. object is to provide legal education or training;

"Secretary" means the Secretary to the Council of Legal Education.

3.
Application and transition
(1)

These Regulations shall apply to any institution that is authorized under the Act or any other written law to operate an educational institution in Kenya and intends to offer or at the commencement of these Regulations is offering legal education.

(2)

Any institution that is offering legal education or training shall, within six months after the commencement of these Regulations, apply to the Council for accreditation

(3)

The Council may by a notice in the Gazette stop the legal education or training programme of a training institution that has not complied with this regulation.

(4)

Any person who contravenes the provisions of paragraph (2) commits an offence and shall be liable to a fine of six thousand shillings or imprisonment for a term of six months or both.

PART II — ACCREDITATION PROCESS
4.
Application procedure
(1)

Any institution that, at the commencement of these Regulations, wishes to be accredited under these Regulations .shall apply to the Council for accreditation.

(2)

An application under paragraph (1), shall be made in Form CLE No. 1 set out in the First Schedule and the applicant shall pay the fees set out in the Fourth Schedule.

(3)

An application for accreditation under paragraph (2), shall be accompanied by proof of payment of the prescribed fees, the proposed legal education programme, the course that the institution intends to offer or is offering and course curriculum.

(4)

The Council shall within one month of the receipt of the application for accreditation acknowledge receipt, consider the application and communicate the outcome of the application to the applicant.

(5)

Where an application for accreditation to the Council is in respect of an existing programme, the Council may grant provisional accreditation under regulation 8, for a period not exceeding one year pending the evaluation of the programme and inspection of the institution.

5.
Evaluation of programme
(1)

The Council shall, within sixty days from the date of acknowledgement of an application, evaluate the programme submitted and make recommendations.

(2)

The Council may engage the services of an independent evaluator to undertake any aspect of the evaluation process on it's behalf.

(3)

The Council may evaluate a programme of an institution undergoing another accreditation process under any other written law, for the purposes of assisting in the said accreditation process:

Provided that such evaluation shall not constitute a waiver of the Council's mandate under these Regulations.

(4)

A member of the Council, who is a dean of a faculty, a regular member of staff of a faculty or is in any way connected to or interested in the affairs of an institution that is the subject of the accreditation, shall not participate in the evaluation of that institution's programme or inspection of it's facilities.

6.
Rejection and re-evaluation of an application
(1)

Where the information provided by an applicant is not sufficient or the applicant has not complied with the requirements set out in the Third Schedule, the Council may reject the application or request for more information.

(2)

An applicant whose application has been rejected under paragraph (1), may within three months of such rejection re-submit the application providing the required information for re-evaluation by the Council.

(3)

Where the rejected application is not re-submitted within six months, the application shall lapse.

7.
Inspection

The Council shall inspect the physical and other infrastructural facilities of an institution offering or intending to offer legal education or training to verify it's suitability for the training of the programme applied for.

8.
Certificate of accreditation
(1)

The Council shall, under it's seal, award a certificate of accreditation to an institution that has complied with the provisions of these Regulations.

(2)

The certificate of accreditation under paragraph (1) shall be in Form CLE No. 2 set out in the First Schedule to these Regulations.

(3)

The Council may issue a provisional accreditation certificate for a period not exceeding one year to an existing institution that has complied with the provisions of regulation 4.

(4)

Subject to regulation 12 or any other written law, an institution which has been issued with a certificate of accreditation by the Council under paragraph (1), may advertise the approved course programme, admit students and commence the approved training or legal education programme.

(5)

The certificate of accreditation issued under paragraph (1), shall, unless revoked under regulation 10, be valid for a period of five years.

9.
Publication
(1)

The Council shall within one month of issuing a certificate of accreditation to an institution publish a notice of the grant in the Gazette.

(2)

The Council shall from time to time and in any case not more than a period of three consecutive years, publish the particulars of the institutions that have been granted a Certificate of Accreditation in the Gazette.

(3)

The Council shall maintain and regularly update particulars of the accredited institutions on its register and official website.

10.
Revocation of accreditation
(1)

Where the Council determines that a legal education institution issued with a certificate of accreditation has failed to maintain or comply with the standards set out in these Regulations, it shall issue a notice of revocation of accreditation to that institution requiring it to show cause why the certificate of accreditation should not be revoked.

(2)

An institution issued with a notice under paragraph (1), shall within three months provide the Council with necessary information regarding the issues raised in the notice of revocation.

(3)

Where the information provided under paragraph (2) is reviewed and found to be inadequate in responding to the issues raised in the notice of revocation, the Council shall revoke the certificate of accreditation issued to the institution.

(4)

Where the Council revokes a certificate of accreditation of an institution, it shall publish a notice of revocation in the Gazette.

(5)

The Council may rescind the notice of revocation if it is satisfied that the institution has put in place necessary measures to comply with these Regulations.

(6)

The institution shall meet the Council's reasonable administrative cost and other expenses incurred in the enforcement of this regulation.

11.
Operation standards

The standards governing the operation of legal education institutions accredited by the Council shall be as set out in the Third Schedule to these Regulations.

12.
Maintenance of standards

A legal education institution shall —

(a)

maintain the standards set out in the Third Schedule;

(b)

comply with lawful instructions issued by the Council or any other authority empowered to do so under the Act; and

(c)

ensure that the legal education programme which is the subject of accreditation is not reviewed or altered in any way without the approval of the Council.

13.
Institutional reports
(1)

A legal education institution which has been granted a certificate of accreditation under these Regulations shall, prepare and submit to the Council —

(a)

an annual report of its activities in each year of operation;

(b)

an annual report of the resources set aside for the legal training and the maintenance of the legal library services; and

(c)

a detailed report after every five years for a degree level and after every four years for other training programmes, indicating the progress made in the maintenance of standards and institution's objects with regard to the legal education.

(2)

The Council shall evaluate the reports received under paragraph (1) and make recommendations for the purpose of improving the training standards of the institution or the legal education programmes of the institution.

14.
Renewal of accreditation
(1)

An institution shall make an application for renewal of accreditation to the Council, in Form CLE No. 1 set out in the First Schedule.

(2)

Where the Council is satisfied on the basis of the information supplied in the reports that a legal education institution has maintained standards set out in these Regulations, it shall renew the certificate of accreditation of that legal education institution for a further period of five years.

15.
Re-inspections
(1)

The Council may on its own initiative, on request of the institution or the public, conduct an impromptu visit to a legal education institution accredited under these Regulations.

(2)

Where an impromptu visit is carried out by the Council, it shall prepare a report of its findings and submit them to the institution with its comments and recommendations.

(3)

Where the Council determines that an institution is not maintaining the standards set out under these Regulations, it shall revoke the certificate of accreditation.

16.
Discontinuation
(1)

The Council may order an education institution to discontinue providing legal education or training if —

(a)

the legal education institution has requested to discontinue offering the accredited programme;

(b)

the Council discovers that the legal education institution is no longer interested in offering legal education;

(c)

the legal education institution has been served with a revocation order under regulation 11; or

(d)

the legal education institution is not accredited by the Council.

(2)

The Council shall, under it's seal, issue an order of discontinuation to a legal education institution in Form CLE No.3 set out in the First Schedule.

(3)

The Council shall publish in the Gazette the order of discontinuation issued under paragraph (2), and may also publish the order of discontinuation in the local media.

17.
Discontinuation plan
(1)

Where the Council has issued an order of discontinuation to a legal education institution, the institution shall within two months submit for the Council's approval, a discontinuation plan which shall among other things state unequivocally the date on which the legal education or training shall be stopped.

(2)

Without prejudice to the generality of paragraph (1), a closure plan shall ensure that, the discontinuation of a legal education programme shall become effective at the end of the academic year in which the order of discontinuation is issued.

(3)

Once a discontinuation plan has been approved by the Council, the institution shall —

(a)

not admit new students to any of its legal programmes; and

(b)

assist its students to transfer to other accredited institutions to complete their legal education programmes.

(4)

A legal institution shall, until it discontinues a programme —

(a)

continue to follow the course programmes approved by the Council or in the mode existing before the order of discontinuation;

(b)

maintain the library and other physical facilities required under these Regulations; and

(c)

maintain adequate faculty staff qualified to manage the course programme.

(5)

A legal institution shall not enter into a teach-out agreement with an institution that is not accredited under these Regulations.

PART III — LEGAL EDUCATION TRAINING
18.
Eligibility for admission

A student shall not be eligible for admission to a legal education training programme under these Regulations, unless that student has attained the required minimum qualifications set out in the Second Schedule.

19.
Recognition, equation of foreign qualifications and equivalence
(1)

The Council may recognize academic awards, in legal education, of foreign institutions that are recognized by the Commission for Higher Education or any other authority with the mandate under any written law to recognize foreign qualifications.

(2)

Notwithstanding the generality of paragraph (1), the Council shall equate every qualification from a foreign institution against its standards and make such recommendations as it may consider necessary.

PART IV — APPEALS AND AD HOC COMMITTEE
20.
Grounds for appeal
(1)

Any person aggrieved by a decision of the Council may appeal in writing to the Minister through the Secretary within thirty days from the date of the Council's decision.

(2)

The applicant shall set out the grievance or issues to be determined by the Committee.

(3)

The Committee shall determine the Appeal within three months from the date of its appointment.

21.
Establishment of ad hoc committee
(1)

The Minister may, upon receipt of an appeal, establish an Ad Hoc Committee which shall consist of the following members appointed by the Minister —

(a)

the Chairman, who shall be a person who is or is eligible to be appointed a Judge of the High Court of Kenya;

(b)

one person who is or is eligible to be appointed as Senior Counsel;

(c)

one person representing the Ministry for the time being responsible for legal education;

(d)

one person from the private sector who is not a legal practitioner; and

(e)

a Secretary, who shall be an ex-officio member.

(2)

The Committee shall hear and determine appeals made by any person aggrieved by the decision of the Council on accreditation of legal education institution.

(3)

The persons appointed under paragraph (1), shall hold office for the duration of the committee as shall be specified in the instrument of appointment.

(4)

The Committee shall make its own rules of procedure.

PART V — MISCELLANEOUS PROVISION
22.
Establishment of committees
(1)

The Council may establish such committees as it considers necessary for undertaking any of its functions under these Regulations.

(2)

Notwithstanding the generality of paragraph (1), the Council shill establish committees to —

(a)

inspect institutions; and

(b)

determine the persons eligible for admission to the Bar.

23.
Fees and charges
(1)

The fees specified in the Fourth Schedule shall be paid in respect of the matters specified in the corresponding entry.

(2)

Fees once paid shall not be refunded.

24.
Offences and penalties

Any person who contravenes any of the provisions of these Regulations commits an offence and shall be liable to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months or both.

FIRST SCHEDULE

APPLICATION FOR ACCREDITATION

FORM CLE NO. 1

[Regs. 4(2) & 14.]

1.

Name of the institution: ...............................................................................

2.

Physical address (location): ........................................................................

3.

Contacts:

Postal Address: ...........................................................................................

Telephone: ................................................... Fax: .......................................

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

4.

Programme level (degree, diploma, etc): .......................................................

5.

Course units taught: ......................................................................................

6.

Minimum admission requirements: .................................................................

7.

Teaching methodologies: ...............................................................................

8.

Examinations and pass mark: ..........................................................................

9.

Academic award (LLB, Diploma in Laws, etc): ..................................................

10.

Details of staff employed for the programme (including qualification, work load, part time and full time: ................................................................................................

11.

Number of students per year of study: .................................................................

12.

Physical facilities (buildings, land, owned or leased): ......................................................................................................................................................................

13.

Library (space dedicated for the programme and legal volumes): .....................................................................................................................................................

14.

Other facilities: .....................................................................................................

15.

Budget set out for the development of legal education including purchase of books and research: ...............................................................................................................

I hereby make application for accreditation of the above-mentioned institution which is providing or intends to provide of legal education and training, which institution has been licensed to offer education in Kenya by (name of authorizing agent) ............................................................................ under the (legal mandate) ....................................................... of the Laws of Kenya on the ....................... day of ................................. (attach licensing certificate) and declare that the information given herein is correct to the best of my knowledge and belief.

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

Designation: .......................................................................................

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

FORM CLE NO. 2

[Reg. 8(2).]

CERTIFICATE OF ACCREDITATION

THIS IS TO CERTIFY that ..................................................................................................

Name of the institution ....................................................................................... Care of Post Office Box Number ............................................. situated at ........................................ has this day ............................. of ................................. has been accredited in accordance with the Council of Legal Education (Accreditation of Legal Education Institution) Regulations, 2008 and is HEREBY authorized to offer legal education and training leading to award of degree/diploma/certificate only.

FORM CLE NO. 3

[Reg. 16(2).]

ORDER TO DISCONTINUE

TAKE NOTICE THAT the Council of Legal Education has this ........................ day of ......................................... revoked the Certificate of Accreditation issued to ........................................................ (name of the institution) ........................................................................ Care of Post Office Box Number ............................... situated at ................................................... issued on the ............... day of ............................... and HEREBY ORDERS that (name of the institution) ............................................................... shall with immediate effect/ with effect from this ................. day of ............................. discontinue offering legal education and training in Kenya.

This Order is issued in accordance with Regulation 16(3) of the Council of Legal Education (Accreditation of Legal Education Institution) Regulations, 2008.

SECOND SCHEDULE
[Reg. 18.]
MINIMUM QUALIFICATIONS FOR ENTRY INTO LEGAL EDUCATION TRAINING PROGRAMME
1.
Admission into the Diploma in Law (Para-Legal Studies) Programme

A student shall not be eligible for admission into the Diploma in Law (Para-Legal Studies) Programme, unless that student has —

(a)

a mean grade of C (C plain) in the Kenya Certificate of Secondary Education (KCSE) or its 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 between the year 2000 to 2003 or any other Certificate or Diploma in a relevant field.

2.
Admission into an Undergraduate Degree Programme

A student shall not be eligible for admission into an Undergraduate Degree Programme unless that student has —

(a)

a degree from a recognized university;

(b)

at least two principal passes at an advanced level or an equivalent qualification;

(c)

a mean grade of C+ (C plus) in Kenya Certificate of Secondary Education (KCSE); or

(d)

a diploma of an institution recognized by the Commission for Higher Education and the applicant shall have obtained at least credit pass.

THIRD SCHEDULE

[Reg. 11.]

PHYSICAL, LIBRARY AND CURRICULUM STANDARDS FOR LEGAL EDUCATION INSTITUTIONS
PART I — PHYSICAL STANDARDS
1.

These standards shall apply to all physical facilities supporting the legal education programme.

2.

Every legal education institution shall have the following physical facilities to support the legal education programme —

(a)

classrooms or lecture rooms;

(b)

a library with a section demarcated for legal education and training;

(c)

a moot court room for programmes that require a moot court; and

(d)

recreational facilities and sanitation.

3.

Every building used or intended to be used as part of the physical facility, shall comply with the requirements of the Building Code, the Public Health Act and be approved by the relevant authorities.

4.

Every building shall be safe for public habitation and kept in a good state, free from structural failures, cracking or dilapidation of building material, fabric and components.

5.

A legal education institution shall provide classroom, lecturer hall, moot court rooms that are adequate in size, well illuminated and ventilated.

6.

A legal education institution shall provide sufficient writing surface for each seat and a place to set books and papers.

PART II — LIBRARY STANDARDS

7.

Every legal education institution shall provide a functional library area with the following areas —

(a)

adequate sitting area;

(b)

stack area, with the section dedicated for legal education and training; and

(c)

information and communication technology centre.

8.

A legal education institution shall maintain a legal education library that complies with international library standards in respect to its classification, functionality and adaptation to its users.

9.

The legal education institution's library shall have a library policy and library development strategies.

10.

The legal education institution shall set aside at least five percent of the total recurrent budget for the purchase of legal education materials every year.

11.

A librarian of an institution offering legal education shall have a minimum qualification of a degree in library services.

12.

The library shall stock at least five core titles (latest edition) per unit, being used and at least one copy for every five students per core title.

13.

The library shall —

(a)

stock journals, periodicals, encyclopedia and other publications for general information;

(b)

stock books for general knowledge with the object of giving it's users a wide range of knowledge;

(c)

have adequate sitting capacity for all students in the institution;

(d)

have internet facilities and other online information resources;

(e)

have adequate lighting and ventilation.

14.

The legal library shall have the following minimum law reports —

(i) Kenya Law reports up to the current edition;
(ii) Kenya Gazettes to the current edition;
(iii) East African Law Reports to the current edition;
(iv) All England Law Reports to the current edition.

PART III — CURRICULUM STANDARDS

15.

(1) A legal education institution shall maintain adequate qualified academic and support staff.

(2)

The academic full time staff and student ratio shall be at most 1:15.

16.

A person shall not be recruited as an academic or technical staff unless he possess the following minimum qualifications —

(a)

for diploma level, at least a degree in law;

(b)

for undergraduate level, at least a masters in law;

(c)

for post graduate level, at least a masters in law.

17.

Unless otherwise stated —

(a)

the Diploma Programme shall carry a minimum of 640 contact hours;

(b)

the Undergraduate Programme shall carry a minimum of 1680 minimum contact hours;

(c)

the Post-Graduate Diploma (Bar Training) shall carry a minimum of 840 contact hours.

18.

The curriculum submitted to the Council shall —

(a)

indicate the core courses;

(b)

indicate the elective courses;

(c)

specify in terms of lecture hours, the minimum load for each unit offered in every academic year;

(d)

specify the minimum number of units that a student is expected to take;

(e)

specify the conditions under which the student may —

(i) take special examination;
(ii) re-sit examinations;
(iii) repeat the entire academic year;
(iv) student may be discontinued;
(f)

the method and manner of arriving at the academic award.

19.

The Diploma In Law Programme (Para-Legal Studies) shall comprise of the following core units—

(i) general principal of constitutional law & legal system;
(ii) law of contract;
(iii) law of tort;
(iv) criminal law;
(v) commercial law;
(vi) family law;
(vii) law of succession;
(viii) law of property in land;
(ix) civil procedure;
(x) criminal procedure;
(xi) company law;
(xii) conveyancing;
(xiii) book-keeping and accounts; and
(xiv) office practice & management.
20.

The Under-Graduate Programme shall comprise of the following core units —

(i) legal research and writing;
(ii) law of torts;
(iii) law of contracts;
(iv) legal research and writing;
(v) constitutional law;
(vi) criminal law;
(vii) family law and succession;
(viii) law of evidence;
(ix) commercial law (including sale of goods, hire-purchase and agency);
(x) law of business associations (to include insolvency);
(xi) administrative law;
(xii) jurisprudence;
(xiii) equity and the law of trusts;
(xiv) public international law;
(xv) property law; and
(xvi) labour law.
21.

(1) The Post-Graduate Diploma (Advocates Training Programme) shall be comprise the following core units —

(i) civil litigation;
(ii) criminal litigation;
(iii) probate and administration;
(iv) legal writing and drafting;
(v) trial advocacy;
(vi) professional ethics and practice;
(vii) legal practice management;
(viii) conveyancing;
(ix) commercial transactions; and
(x) pupilage.
(2)

The training session shall last for a minimum period of twelve months.

(3)

The Pupilage attachment period shall last for a minimum period of six months.

(4)

The Post Graduate Diploma (Advocates Training Programme) shall be a compulsory course and students admitted into the programme shall take all core units.

FOURTH SCHEDULE

[Regs. 4(2) & 23(1).]

FEES AND CHARGES

1.

Accreditation Fees.

The Council shall charge the following fees for the evaluation of programmes and inspection of legal education institutions –

(a) provisional accreditation ........................................... KSh. 250,000

(b) post-graduate programme ........................................ KSh. 800,000

(c) degree programme .................................................... KSh. 800,000

(d) diploma programme .................................................. KSh. 450,000

2.

Foreign Qualifications.

The Council shall charge the following other fees and charges —

(a) equation of foreign qualification .................................. KSh. 10,000

(b) application for admission to the Bar ............................ KSh. 10,000

3.

Power to amend.

The Council may revise the fees structure as it considers necessary and publish the same in the Gazette.

LEGAL EDUCATION (ACCREDITATION AND QUALITY ASSURANCE) REGULATIONS, 2016

ARRANGEMENT OF REGULATIONS

PART I — PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Scope.

PART II — THE LICENCING PROCESS

4.

Application for accreditation.

5.

Inspection, accreditation and issuance of licence.

6.

Procedure for renewal of licence.

PART III — RECOGNITION AND APPROVAL OF FOREIGN QUALIFICATIONS, CREDIT ACCUMULATION AND CREDIT TRANSFERS

7.

Recognition and equation of foreign qualifications.

8.

Recognition of experiential learning.

9.

Credit accumulation and transfer.

PART IV — QUALITY STANDARDS

10.

Quality standards.

PART V — TERMINATION, SUSPENSION AND REVOCATION OF LICENCE

11.

Termination.

12.

Suspension.

13.

Revocation.

14.

Closure plan.

15.

Examinations.

PART VI — MISCELLANEOUS PROVISIONS

16.

Miscellaneous provisions.

SCHEDULES

FIRST SCHEDULE

Forms.

SECOND SCHEDULE

Fees.

THIRD SCHEDULE

Quality standards.