THE CATHOLIC UNIVERSITY OF EASTERN AFRICA

FACULTY OF LAW

RESEARCH PROPOSAL

ON

A CRITICAL ANALYSIS OF LEGAL EDUCATION IN KENYA: IS A REVIEW

NECESSARY?

BY

NATHAN ONYANCHA SON OF MOGONCHI

REGISTRATION NO. 1033112

SUPERVISOR:

A COMPULSORY RESEARCH PROPOSAL SUBMITTED IN PARTIAL

FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE BACHELOR
OF LAWS (LL.B)

DEGREE OF THE CATHOLIC UNIVERSITY OF EASTERN AFRICA

JULY, 2022
 Table of Contents
LIST OF ABBREVIATIONS AND ACRONYMS....................................................................................iii

Abstract......................................................................................................................................................iv

CHAPTER ONE..........................................................................................................................................1

BACKGROUND AND THEORITICAL INFORMATION....................................................................1

1.1 Introduction...........................................................................................................................................1

1.2 Background to the study........................................................................................................................2

1.3 Statement of the problem.......................................................................................................................2

1.4 Justification of the study........................................................................................................................2

1.5 Statement of Objective..........................................................................................................................3

1.5.1 General Objective...........................................................................................................................3

1.5.2 Specific Objectives.........................................................................................................................3

1.6 Research questions................................................................................................................................3

1.7 Literature review...................................................................................................................................3

1.8 Research Methodology..........................................................................................................................6

1.8.1 Research design..............................................................................................................................6

1.8.2 Library Research.............................................................................................................................7

1.8.3 Field Research................................................................................................................................7

1.8.4 Area of the study.............................................................................................................................7

1.8.5 Sample population..........................................................................................................................7

1.8.6 Sample size.....................................................................................................................................8

1.8.7 Sampling technique........................................................................................................................8

1.8.8 Methods of data collection..............................................................................................................8

1.8.8.1 Interview..................................................................................................................................8

1.8.8.2 Questionnaire...........................................................................................................................8

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 1.8.9 Data presentation and analysis techniques......................................................................................9

1.9 Limitation of the study..........................................................................................................................9

1.10 Chapter Breakdown.............................................................................................................................9

1.10.1 Chapter one: Effectiveness of the regulatory framework governing legal education in Kenya.....9

1.10.2 Chapter two: Comparative study.................................................................................................10

1.10.3 Chapter three: Charting the future of legal education in Kenya..................................................10

1.10.4 Chapter four: Conclusion............................................................................................................10

1.10.5 Chapter five: Recommendations.................................................................................................10

1.11 Research plan....................................................................................................................................10

Preliminary bibliography...........................................................................................................................11

ii
 LIST OF ABBREVIATIONS AND ACRONYMS
CLE Council of Legal Education
KSL Kenya School of Law
LL.B Lex Legum Beccalareus

iii
 Abstract
The researcher intends to do an analysis of legal education in Kenya in comparison with other
African countries and determine whether an overview of the current regulatory framework is
necessary. The research will lay the groundwork for possible changes in the provision of legal
education in Kenya. Besides, the proposal will lead to an award of a bachelor’s degree in laws
(LL.B) to the researcher by The Catholic University of Eastern Africa. The research will weigh
the effectiveness of the regulatory framework governing legal education in Kenya, the problems
faced in the provision of the education and determine whether a review is necessary to address
recent outcries associated with post-graduate training at the KSL.

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 CHAPTER ONE
BACKGROUND AND THEORITICAL INFORMATION

1.1 Introduction
This research will deal with legal education in Kenya in comparison with other commonwealth
countries, an analysis of the existing institutional and legal framework regulating legal education
in Kenya and whether a review of the laws is necessary.

The research arises from the need to address recent developments regarding legal training in
Kenya.1 The current legal framework regulating legal education in Kenya was developed a long
time ago and the context has changed quite significantly necessitating a research to ascertain
whether a review is necessary.

It is important in this proposal to define what is legal education and review. According to
Encyclopedia Britannica, legal education means “preparation for the practice of law”. In the
objects of the LSK Act it states that “to facilitate the acquisition of legal knowledge by members
of the legal profession and others”. The other objects are also put in place to ensure that
professionalism is created and adhered to. In the case of Bolton vs. Law Society the court said

"A profession's most valuable asset is its collective which that inspires. Reputation of the
profession is more important than the fortunes of any individual member"

According to the Oxford dictionary, review means “a formal assessment of something with the
intention of instituting change if necessary”.

In the recent past, legal education in Kenya has proved a sensitive issue of discussion among the
masses even prompting a petition.2 This research will form a solid basis for the assessment of
laws regulating legal education in Kenya, the causes of the public outcry on legal education in

1
The Standard, 'Reprieve As Cabinet Approves Bills To Ease Legal Training' (2021)
<https://www.standardmedia.co.ke/education/article/2001412689/reprieve-as-cabinet-approves-bills-to-ease-
legaltraining#:~:text=Currently%20any%20individual%20seeking%20to,has%20locked%20out%20many
%20students.> accessed 26 June 2022.
2
PETITION CONCERNING MASS EXAMINATION FAILURE AT THE KENYA SCHOOL OF LAW (1st edn, SENATE 2019)
<http://www.parliament.go.ke/sites/default/files/2021-06/PETTITION%20CONCERNING%20MASS
%20EXAMINATION%20FAILURE%20AT%20KENYA%20SCHOOL%20OF%20LAW.pdf> accessed 29 June 2022.

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Kenya, and come up with important recommendations to address the challenges experienced in
the provision and acquisition of legal education in Kenya.

1.2 Background to the study

The regulatory framework for legal education in Kenya has a come a long way. It was developed
out of need following Kenya’s independence and was thus limited to the basics. Task forces3 and
committees4 were set up to investigate the status of legal education in Kenya and come up with
recommendations aimed at improving legal education in Kenya. Not all their recommendations
were implemented thereby leaving huge gaps which needed to be filled. These gaps have become
an Achilles Heel for legal education in Kenya with various stakeholders publicly criticizing the
system as a whole.

1.3 Statement of the problem

The challenges facing legal education in Kenya have been bothering students and stakeholders
alike. Various committees and task forces have been formed to address the challenges leading to
the repeal of various laws regulating legal education in Kenya. However, the challenges still
persist. Therefore, the main problem to be addressed in this study is legal education in Kenya,
why the challenges persist despite the various changes introduced to address the challenges, and
possible ways to scale down the challenges. The problem can best be described in the words of
Justice Rosalie Wahl, “Have we really tried in Law School to determine what skills, what quality
of mind are required of lawyers? Are we adequately educating students through the content and
methodology of our current Law School curriculums to perform effectively as lawyers after
graduation?”

1.4 Justification of the study

The study will be useful to the law making bodies to restructure the legislation regulating legal
education in Kenya to meet the current needs of students and stakeholders. This study will make
the general public aware on the issues faced in the provision of legal education in Kenya. The
study will as well serve as a reference material for further studies on the same area. Furthermore

3
One of such Taskforces was the, “Task Force on the Development of a Policy and Legal Framework For Legal
Education in Kenya, 2005”.

4
Several committees were set up to investigate the state of legal education in Kenya among which was the
Denning committee

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the study will enable a researcher to qualify for an award of a bachelors degree of laws (LL.B) of
The Catholic University of Eastern Africa 2022.

1.5 Statement of Objective

1.5.1 General Objective
The general objective of this research is to explore the regulatory framework governing
provision of legal education in Kenya.

1.5.2 Specific Objectives

i. To examine the effectiveness of the regulatory framework in governing provision of legal
education in Kenya
ii. To identify the challenges faced in the provision of legal education in Kenya
iii. To explore the cause of the challenges
iv. To perform a comparative analysis of Kenya’s regulatory framework with those of other
African countries such as Ghana and South Africa
v. To determine if a review of the Kenyan regulatory framework is necessary

1.6 Research questions

i. How is the regulatory framework governing provision of legal education in Kenya
effective?
ii. How is the regulatory framework governing provision of legal education in Kenya
ineffective?
iii. What factors make the regulatory framework ineffective?
iv. How does the Kenyan legal education compare with other African states?
v. What should be done to make the regulatory framework more effective?
vi. Is a review necessary?

1.7 Literature review

There are a lot of reference material regarding legal education in Kenya.
The researcher looked over the prior literature to learn how other authors had approached the iss
ue at hand and to identify any gaps that had been left so that current research could fill those gap
s. Additionally, the researcher received guidance from the existing literature on where to go from 
the beginning point.

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The development and progress of Kenya’s legal education is well documented.5 As the
Taskforce on Legal Sector report6notes, “The question of the size of the Kenyan Bar is not
merely one of numbers but invariably about competence, skills and ethical practice. There is
need for a focus shift away from numbers per se to quality, improved ethical practices and
professional conduct, reduction in rent seeking and improved access to legal aid in line with
international best practices.”

The taskforce identifies the challenges experienced in legal education and training in Kenya. It
notes that there is a need to ensure that legal education considers the rising need for competent
and professional training. The taskforce also notes the exponential increase in admissions of
students with no corresponding increase in facilities and resources.

The literature discloses various problems experienced in the provision of legal education in
Kenya. The researcher intends to use this literature to show at a glance the challenges facing
legal education in Kenya.

The Denning Report on Legal Education for Students from Africa, 1961 touched on the issue of
qualification for one to study law in Africa, Kenya included. It recommended the establishment
of a two tier system for advocates’ training. The recommendations were adopted and have
influenced the pattern of legal education in Kenya.

This literature will be important in studying the pattern of legal education in Kenya. The report
laid down the basics of legal education in Kenya. The researcher intends to use the literature to

5
Prof. Kameri Mbote, had this to say immediately after the promulgation of the Constitution of Kenya, 2010:
“Currently, Kenya has six law programmes, four in public universities and another two in private universities.
There are close to seven others going through the Commission for Higher Education approval processes and many
more being hatched in public and private universities. Of all these programmes, only one has a graduate
programme with the rest providing undergraduate studies. In the forty years when legal education has been
provided in Kenya, only three people have earned doctoral degrees in law from a Kenyan university. In the entire
country, we have three professors of law and less than ten associate professors. Not all these professors are
engaged in law teaching”. - http://www.awcfs.org/new/commentary-service/48-commentary-/836-legal-
education-in-kenya-in-crisis
Note: The situation has since improved but the overall picture is not materially different.
6
The Taskforce on Legal Sector Reforms was set up by the then Attorney General of Kenya, Prof. Githu Muigai to
review, evaluate and make recommendations on: the suitability and quality of legal education and professional
legal training, curriculum, standards, entry qualification criteria, and delivery systems; the legal and institutional
frameworks for regulating and licensing legal education providers; the legal sector practice licensing and
membership process, institutional structure, criteria and participation mechanisms; the professional and ethical
standards, codes of conduct, guidelines of the legal profession and adherence mechanisms thereto; and the legal
and institutional disciplinary framework for the legal profession.

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understand the status of the current pattern of legal education in Kenya to determine if the
current system is effective enough.

Akiwumi Report, 1994 recommended the re-establishment of the CLE. The Akiwumi Report
described the structural, administrative, and operational difficulties faced by the Kenya School of
Law and the Council of Legal Education, and it made some basic but workable corrections. The
Report, however, did not recognize the contrast between the Council and the School, and as a
result it provided the Council a mandate for training that obscured its control or supervisory role.
The Council of Legal Education Act, 1995, which has since been abolished, was passed as a
result of the Report. By re-establishing the CLE, the report brings to life an important institution
in the regulation of legal education in Kenya.

The researcher intends to use the Akiwumi report to highlight the problems and confusion
introduced by the intertwining of the CLE with the KSL.

The Muigai Taskforce, 2005 addressed the issues and uncertainty brought about by the
Akiwumi report, differentiated organizations performing regulatory/supervisory functions from
those performing training activities, and distinguished between the creation, monitoring, and
consumption of policy at the training level. The taskforce draws a boundary on which institution
is tasked with policy making from that which is responsible for training.

The researcher intends to use the report of this taskforce to address the issues of regulation and
training. Different challenges are faced by the two organizations. Regulatory challenges will be
tied to the CLE while training challenges will be tied to the KSL. The researcher will also use the
report to address the problem of inadequate facilities mandated to offer postgraduate training.

The Legal Education Act, 2012 established the CLE. The acts sets out the functions of the CLE.

The researcher intends to use the act to weigh the effectiveness of the CLE in the execution of its
mandate. To successfully do that, the researcher will be keen on the challenges facing the CLE
such as institutional resistance and the perceived regulatory and administrative overlaps with
regard to the accreditation of legal education programs in Kenya with the Commission for

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University Education as witnessed in Republic v Council of Legal Education & another ex-
Parte Mount Kenya University.7

Kevin, O.(2006)8 in his research paper notes that there is an increase in number of graduands
due to the increase of faculties established to teach law which has a direct effect on legal
education due to an increase in number of quack lawyers because there are not enough staff
members to meet all of the needs of the law students putting lecturers under pressure.

The author further asserts that for this large number of students, education requires a full-time
commitment since if a lecturer shows up to class unprepared or exhausted, it will probably
influence the students' morale and lead to many of them engaging in unethical behavior in their
studies.

The author in his paper touches on issues which are helpful for this research, he showed a
challenge with the training of students. He feels that improvements should be made in how
students are trained. The number of lecturers needs to be increased to achieve the desired lecturer
student ratio. He also feels that the lecturers should be teaching on a full time basis so that they
can offer the best of their services. He however does not touch on the issue of facilities available
for the education of the student which will be dealt with in this research.

1.8 Research Methodology

Both field study and library research will be used to gather the data for this investigation. A
variety of techniques and strategies will be used to perform the research as described in this
section.

1.8.1 Research design

The Case Study Design will be used in this study since it is a pretty thorough methodology that
will allow the researcher to concentrate his study carefully and extensively on various parts of a
research phenomenon. This design will allow a researcher to embark on various pertinent data
collection techniques from a certain region, such as CLE, in order to get pertinent data regarding
the actual material circumstances of the problem. In order to improve in-depth examination of

7
Odunga J held: “[CUE] is the only body legally mandated to accredit universities in Kenya… while the setting and
enforcement of standards for the said accreditation falls on the CLE…”
8
Kevin Ongadi, 'CARRY OUT A COMPARATIVE STUDY AND CRITCALLY ANALYZE THE FUTURE OF LEGAL EDUCATION
IN KENYA. IS THERE A NEED FOR REVIEW?' (Undergraduate, Moi University 2006).

x
the phenomenon under study and produce more reliable results, the researcher will use both
primary and secondary methods of data collection.

1.8.2 Library Research

In order to gain a deeper grasp of the topic, to acquire theoretical material pertinent to the
problem, to learn what has already been addressed by other academics so as to avoid duplicating
their efforts, library research will be conducted.

Secondary data will need to be gathered from publications including books, newspapers, research
papers, reports, brochures, articles, dissertations, journals, statutes, and electronic sources. This
will be done in the Pope Paul VI Learning Resource Centre and "Home" Regional Library since
all of the materials that will be reviewed are freely accessible from these libraries.

1.8.3 Field Research

The gathering of original information about the issue will be required for this project. Field
research will allow for direct communication between a researcher and respondents, enabling the
researcher to gather data that is up-to-date and most pertinent to the topic being investigated,
proving or disproving the problem's existence in accordance with the hypotheses put forth.

1.8.4 Area of the study

This study will be carried out in two different places, namely "Home" and "Away." Because the
researcher will have access to respondents at home who are knowledgeable about the issue at
hand, such as advocates, lecturers, and students. This will make it possible for the researcher to
gather pertinent and helpful information on the issue.

The researcher will be able to reach respondents who are unavailable at "Home," particularly
CLE, the organization responsible for regulating legal education in Kenya.

1.8.5 Sample population

For the purpose of this study, the researcher will gather data from the following sources: law
students, who face challenges in acquiring legal education; CLE, which regulates legal education
in Kenya; KSL, which is the institution charged with training; and advocates, who can provide a
clearer picture of the difficulties encountered in their training.

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1.8.6 Sample size
To provide adequate information coverage and to provide opportunity, the study will target
twenty two (22) respondents. The sample was chosen based on the population's size, the
availability of time, and the cost. This includes three (3) CLE officers, including the Chief
Executive Officer, three (3) KSL officers, seven (7) current law students from different law
schools, six (6) KSL students, and three (3) advocates.

1.8.7 Sampling technique

The purposive sampling technique will be used by the researcher. Using this strategy, the
researcher will be able to concentrate on a specific sample based on their in-depth understanding
of the study problem, which will be the best way for them to support or refute their research
hypothesis. This will be accomplished by disqualifying those who are most likely to fail to
provide relevant and in-depth data.

1.8.8 Methods of data collection

Data will be gathered using two methods, namely interviews and questionnaires, to determine the
problem's nature. The researcher chose these techniques since they are rather extensive ways to
gather first-hand information about the issue in order to improve deeply examining the
phenomena under study. However, in terms of data collecting, interviews will predominate.

1.8.8.1 Interview
In essence, an interview is a conversation between two or more persons where questions are
asked or topics are discussed for a particular reason. The researcher will receive the most
accurate information using this strategy. Officers from the CLE and KSL and students willing to
assist the researcher in obtaining direct and easily accessible information instantaneously are the
main subjects of the interview. The respondents will be approached directly using this manner.
The interview will be open-ended to provide respondents more freedom and make it easier for
the researcher to acquire the data.

1.8.8.2 Questionnaire
The technique is helpful for finding new facts, and it also provides respondents the freedom to
utilize their own knowledge and reasoning, thus the researcher will also use questionnaires to
gather primary data.

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The questionnaire will be appropriate for literate responders who can provide in-depth
information on the subject. This approach will concentrate on officers who are respondents but
who are unable to provide information right away due to their busy schedules or when it may be
challenging for the researcher to meet them in person due to the nature of their offices,
particularly officers from CLE and KSL. The questionnaire will be open-ended and mixed, with
neither closed-ended nor open-ended questions.

1.8.9 Data presentation and analysis techniques

Since the majority of the data in this study are qualitative—that is, data that deal with
descriptions of information—they will be presented in a descriptive manner. By sampling and
comparison, data will be examined.

In light of developed hypotheses, analysis reveals the percentage of persons who approve or
disapprove of the presence of the problem. The study shows the most helpful responses provided
by respondents to the hypotheses, which clarifies their answers. Additionally, the researcher
counts the number of persons who hold the same beliefs and those who hold opposing ones.

1.9 Limitation of the study

This study will only cover legal education in Kenya. The researcher aims at analyzing the
regulatory framework of legal education in Kenya and associated challenges and then determine
if a review of the framework is necessary.

1.10 Chapter Breakdown

The researcher plans to arrange the chapters of the dissertation as follows:

1.10.1 Chapter one: Effectiveness of the regulatory framework governing legal education in
Kenya
In this chapter the researcher will analyse the regulatory framework governing legal education in
Kenya. They will weigh how effective the regulatory framework is in governing provision of
legal education in Kenya.

Within the same chapter, the researcher will discuss the ineffectiveness of the regulatory
framework governing legal education in Kenya. They will discuss the problems experienced

xiii
from the ineffectiveness. Lastly, the researcher will discuss what makes the regulatory
framework ineffective.

1.10.2 Chapter two: Comparative study

In this chapter, the researcher intends to analyse legal education in other African states and
compare those systems to the Kenyan legal education. Among the countries the researcher
intends to cover are: Ghana, South Africa and Tanzania.

1.10.3 Chapter three: Charting the future of legal education in Kenya

In this chapter, the researcher will discuss: changes in legal research, competition and facilities in
institutions offering legal education and training in Kenya, foreign curriculum, duplication of
roles and regulations, pre-bar and post-bar examinations and integration of IT in legal education
and training.

1.10.4 Chapter four: Conclusion

In this chapter, the researcher intends to provide a summary of the whole research. The
researcher plans to give a summary picture of the development and growth of legal education in
Kenya, the regulatory framework and an opinion on the state of legal education in Kenya.

1.10.5 Chapter five: Recommendations

In this chapter, the researcher plans to give suggestions on what should be done to improve
provision of legal education and training in Kenya.

1.11 Research plan

* To be discussed with supervisor

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Preliminary bibliography
The Constitution of Kenya, 2010

The Denning Report on Legal Education for Students from Africa, 1961

The Report of the Task Force on the Status and Management of the Kenya School of Law 1994
known as the Akiwumi Report, 1994

The Report of the Ministerial Taskforce on the Development of a policy and Legal Framework
for Legal Education in Kenya 2005 (also known as the Muigai Report)

The Draft Concept Paper on the Development of a National Policy on Legal Education and
Training in Kenya.

The Law Society of Kenya Act, 2014

The Legal Education Act, No. 27 of 2012

The Kenya School of Law Act, No. 26 of 2012

The Advocates Act [Cap. 16, Laws of Kenya]

Kenya School of Law Regulations, 2015

Advocates Bill, 2015

Ongadi K, 'CARRY OUT A COMPARATIVE STUDY AND CRITCALLY ANALYZE THE

FUTURE OF LEGAL EDUCATION IN KENYA. IS THERE A NEED FOR REVIEW?'
(Undergraduate, Moi University 2006)

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