Kenya School of Law Act

Section 1. Short title Section This Act may be cited as the Kenya School of Law Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Board" means the Board of Directors of the School established under section 6 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to legal education; "Director" means the Director appointed under section 14 of this Act; "financial year" means the period of twelve months ending on the thirtieth June in each year; "Roll" means the Roll of Advocates kept under section 16 of the Advocates Act ( Cap. 16 ); and "School" means the Kenya School of Law established by section 3 . Section 2(2) Until after the first elections under the Constitution, references in this Act to the expression "Cabinet Secretary" shall be construed to mean "Minister" and the expression "Principal Secretary" shall be construed to mean "Permanent Secretary".

Section 3. Establishment of the School Section 3(1) There is established a School to be known as the Kenya School of Law. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding or disposing of movable and immovable property; Section 3(2)(c) entering into contracts; and Section 3(2)(d) doing or performing such other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done by a body corporate. Section 3(3) The School shall be the successor of the Kenya School of Law established under the Council of Legal Education Act, (No. 12 of 1995)(Repealed). Section 3(4) Subject to this Act, all the rights, duties, obligations, assets and liabilities of the Kenya School of Law existing at the commencement of this Act shall be automatically and fully transferred to the School. Section 3(5) The headquarters of the School shall be in Nairobi.

Section 4. Objects and functions of the School Section 4(1) The School shall be a public legal education provider responsible for the provision of professional legal training as an agent of the Government. Section 4(2)(a) train persons to be advocates under the Advocates Act ( Cap. 16 ); Section 4(2)(b) ensure continuing professional development for all cadres of the legal profession; Section 4(2)(c) provide para-legal training; Section 4(2)(d) provide other specialized training in the legal sector; Section 4(2)(e) develop curricular, training manuals, conduct examinations and confer academic awards; and Section 4(2)(f) undertake projects, research and consultancies.

Section 5. Powers of the School Section establish and manage a centre for research and training in legal education for the furtherance of the objects of the School;

Section 6. Board of the School Section 6(1) There shall be a Board of Directors of the School. Section 6(2)(a) the Principal Secretary of the Ministry for the time being responsible for legal education; Section 6(2)(b) the Principal Secretary of the Ministry for the time being responsible for finance; Section 6(2)(c) the Attorney-General; Section 6(2)(d) the Chief Justice; Section 6(2)(e) deleted by ActNo. 18 of 2014, Sch.; Section 6(2)(f) a representative of the Law Society of Kenya nominated by its Council; Section 6(2)(g) one shall be a person who teaches law in Kenya, nominated by the universities; and Section 6(2)(g)(i) one shall be a person who teaches law in Kenya, nominated by the universities; and Section 6(2)(g)(ii) one shall be a curriculum expert who teaches education in a university in Kenya; and Section 6(2)(h) the Director. Section 6(3) The Board members referred to in subsections (2)(a), (b), (c), (d) and (e) may, in writing, designate suitable persons to represent them at the meetings of the Board. Section 6(4) The Cabinet Secretary shall appoint the chairperson of the Board from among the members of the Board appointed under subsections (2)(f) and (g). Section 6(5...

Section 7. Functions of the Board Section 7(1) The Board of Directors shall, subject to this Act, have general control and management of the School. Section 7(2)(a) provide strategic advice and direction to the School; Section 7(2)(b) approve study programmes; Section 7(2)(c) approve the Schedule for examinations; Section 7(2)(d) monitor the performance of the School and make policy decisions that enhance the performance of the School; Section 7(2)(e) monitor and evaluate the impact of the School programmes on the legal sector; Section 7(2)(f) administer the property and funds of the School in a transparent and accountable manner and for such purpose as shall promote the functions of the School and may in so doing borrow money and charge property subject to the approval of the Cabinet Secretary for the time being responsible for finance; Section 7(2)(g) approve and submit through the Cabinet Secretary the financial estimates in respect of the School for consideration by the Treasury; Section 7(2)(h) receive, on behalf of the School, grants-in-aid, gifts, donations, fees, subscriptions or other monies; and Section 7(2)(i) perform such other function as may be conferred on it by this...

Section 8. Term of office Section A member of the Board shall hold office for a term of four years but shall be eligible for re-appointment for one further term.

Section 9. Vacation of office Section resigns his office by notice in writing addressed to the Cabinet Secretary;

Section 10. Conduct of business and affairs of the Board Section 10(1) The Board shall meet at such times and places as the Board may deem appropriate but shall meet at least once in every three months. Section 10(2) The conduct of business and affairs of the Board shall be in accordance with the First Schedule. Section 10(3) The Board may establish and assign responsibilities to such committees and subcommittees as it considers necessary for the performance of its functions. Section 10(4) The Board may invite any person whose knowledge and experience it considers is likely to be of assistance to the Board to attend any meeting of the Board and take part in the proceedings.

Section 11. Remuneration of Board members Section There shall be paid to the members of the Board such remuneration, fees or allowances for expenses as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, approve.

Section 12. Delegation by the Board Section The Board may, by resolution, either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 13. The common seal Section 13(1) The common seal of the School shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 13(2) The common seal of the School shall, when affixed to a document and duly authenticated, be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the School under this section shall be presumed to have been duly given.

Section 14. The Director Section 14(1) There shall be a Director of the School who shall be appointed by the Board, through a competative recruitment process, on such terms and conditions of employment as the Board may determine, who shall be the Chief Executive Officer of the School and the Secretary to the Board. Section 14(2) The Director shall be an ex officio member of the Board and shall not have the right to vote. Section 14(3) The Director shall, subject to the direction of the Board, be responsible for the day-to-day management of the affairs of the School. Section 14(4)(a) ensure the maintenance of efficiency and discipline by all staff of the School; Section 14(4)(b) conduct all examinations, other than examinations reserved for the Council for Legal Education under section 8 of the Legal Education Act (Cap. 16B) in accordance with the Schedule approved by the Board from time to time; Section 14(4)(c) manage the budget of the School to ensure that its funds are properly expended and accounted for; and Section 14(4)(d) perform such other duties as the Board may, from time to time, assign.

Section 15. Staff of the School Section The Board shall appoint such other officers and members of staff of the School as are necessary for the proper discharge of the functions of the School under this Act, upon such terms and conditions of service as the Board may determine.

Section 16. Admission requirements Section 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 Second Schedule for that course.

Section 17. Application for admission Section 17(1) Any person who wishes to be admitted to any course of study at the School shall apply in the prescribed form and pay the prescribed application fees. Section 17(2) The School shall consider an application submitted under subsection (1) and if it is satisfied that the applicant meets the admission criteria, admit the applicant to the School.

Section 18. Course programmes and units Section the academic programmes and course units; and

Section 19. Course attendance Section 19(1) 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 Board. Section 19(2) The Director shall cause records of attendance to be kept in respect of each course and the record shall be conclusive evidence of attendance by students at the School. Section 19(3)(a) attended at least two thirds of the lectures offered in that course; Section 19(3)(b) participated in moot courts, clinics and any other practical outputs; and Section 19(3)(c) undertaken course work and assignments. Section 19(4) The Board may in special circumstances and subject to the requirements of the Advocates Act ( Cap. 16 ), exempt a student from the provisions of subsection (3).

Section 20. Academic awards Section 20(1) The Board may award a certificate, diploma or post-graduate diploma or such other award as it may consider appropriate. Section 20(2) The School may withdraw and recall an academic award if the award is found to have been obtained through fraud.

Section 21. Funds of the School Section such moneys as may be appropriated by Parliament for the purpose;

Section 22. Annual estimates Section 22(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the School for that financial year. Section 22(2)(a) the payment of the salaries, allowances and other charges in respect to the staff of the School; Section 22(2)(b) the payment of pensions, gratuities and other charges in respect of the retirement benefits which are payable out of the funds of the School; Section 22(2)(c) the proper maintenance of the buildings and grounds of the School; Section 22(2)(d) the maintenance, repair and replacement of the equipment and other property of the School; Section 22(2)(e) all expenditure incurred in relation to the establishment, equipment or management or any training institution by the School; and Section 22(2)(f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipments, or in respect of such other matter as the Board may deem appropriate. Section 22(3) The annual estimates shall be approved by the Board before the commencement of the financial...

Section 23. Accounts and audit Section 23(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure and assets of the School. Section 23(2) The accounts of the School shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 24. Investment of funds Section 24(1) The Board may invest any of the funds of the School in securities in which for the time being trustees may by law invest trust funds or in any other securities which the Treasury may from time to time approve for that purpose. Section 24(2) The Board may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the School.

Section 25. Protection from personal liability Section No matter or thing done by a member of the Board or any officer, employee or agent of the School shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the School, render the member, officer, employee or agent or any person acting by his directions personally liable to any action, claim or demand whatsoever.

Section 26. Liability of the Board for damages Section The provisions of section 25 shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially, or any works.

Section 27. Offence and penalty Section 27(1) A person commits an offence if for the purpose of procuring the registration of himself or another person as a student at the School, or for any other purpose under this Act knowingly makes any false statements or representation, or produces or furnishes or causes to be produced or furnished any document or information which he knows to be false in a material particular. Section 27(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year, or both.

Section 28. Regulations Section 28(1) The Board may, with the approval of the Cabinet Secretary, make regulations generally for the administration and management of the School. Section 28(2)(a) the categories of examinations and the manner in which such examinations shall be administered; Section 28(2)(b) the settlement of terms and conditions of service, including the appointment, dismissal, remunerations and retirement benefit of members of staff of the School; Section 28(2)(c) the establishment and management of a centre for research and training in legal education for the furtherance of the objects of the School; Section 28(2)(d) the determination of fees and other charges for services rendered by the School; Section 28(2)(e) payment of fees and other charges for services rendered by the School, by installments; Section 28(2)(f) the supervision and discipline of the students of the School; Section 28(2)(g) co-operation with institutions of higher learning both within and outside Kenya that have objects similar to those of the School, including the Higher Education Loans Board, in such manner as may be conducive to the objects of the school; and Section 28(2)(h) such other matte...

Section 29. Savings and transition Section 29(1) In this section— "former School" means the Kenya School of Law established under the Council of Legal Education Act, (No. 12 of 1995)(Repealed). Section 29(2)(a) every agreement, whether in writing or not, and every deed bond or other instrument to which the former School was a party or which affected the former School, and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned, shall have effect as if the School were a party thereto or affected thereby instead of the former School, and as if for every reference(however worded and whether express or implicit) therein to the former School there were substituted in respect of anything to be done on or after such date of coming into operation a reference to the School; Section 29(2)(b) any proceedings, to which the Council of Legal Education was a party to on behalf of the former School, pending immediately before such date of coming into operation to which the former School was a party shall be continued as if the School was a party thereto in lieu of the former School; Section 29(2)(c) all officers of the former School shall become th...