Legal Education Act

Section 1. Short title Section This Act may be cited as the Legal Education Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "advocate" has the meaning assigned to it in section 2 of the Advocates Act ( Cap. 16 ); "award" means a professional degree, diploma or certificate issued under this Act; "Cabinet secretary" means the cabinet secretary for the time being responsible for matters relating to legal education; "Council" means the Council of Legal Education established by section 4 ; "Fund" means the Legal Education Fund established under section 25 ; "legal education provider" means a post-secondary school institution that is licensed to offer legal education or training for the award of a certificate, diploma or degree including those granted a charter under section 19 of the Universities Act (Cap. 210); "Registrar" means the registrar of the Legal Education Appeals Tribunal appointed under section 30 (1)(d); "Roll" means the Roll of Advocates kept under section 16 of the Advocates Act ( Cap. 16 ); "Tribunal" means the Legal Education Appeals Tribunal established by section 30 . Section 2(2) Until after the first elections under the Constitution, references in this Act to the expression "Cabinet Secretary" shal...

Section 3. Objective of Act Section promote legal education and the maintenance of the highest possible standards in legal education; and

Section 4. Establishment of the Council of Legal Education Section 4(1) There is established a Council to be known as the Council of Legal Education. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 4(2)(c) borrowing or lending money; and Section 4(2)(d) doing or performing any other things or acts for the furtherance of the provisions of this Act which may be lawfully done or be performed by a body corporate. Section 4(3) The Council shall be the successor of the Council of Legal Education established under the Council of the Legal Education Act, (No. 12 of 1995)(Repealed). Section 4(4) Subject to this Act, all the rights, duties, obligations, assets and liabilities of the Council of Legal Education existing at the commencement of this Act shall be automatically and fully transferred to the Council. Section 4(5)(a) the chairperson, who shall be a person with at least fifteen years experience in matters relating to legal education and training, appointed by President; Section 4(5)(b) the Principal Secretary of the Ministry for the time being responsible for lega...

Section 5. Vacation of office Section resigns from office by notice, in writing, addressed to the Cabinet Secretary;

Section 6. Conduct of business and affairs of the Board Section The conduct and regulation of the business and affairs of the Council shall be as provided for in the First Schedule.

Section 7. Headquarters Section The Headquarters of the Council shall be in Nairobi.

Section 8. Functions of the Council Section 8(1)(a) regulate legal education and training in Kenya offered by legal education providers; Section 8(1)(b) licence legal education providers; Section 8(1)(c) supervise legal education providers; and Section 8(1)(d) advise the Government on matters relating to legal education and training. Section 8(1)(e) recognise and approve qualifications obtained outside Kenya for purposes of admission to the Roll. Section 8(1)(f) administer such professional examinations as may be prescribed under section 13 of the Advocates Act. Section 8(2)(a) accreditation of legal education providers for the purposes of licensing; Section 8(2)(b) curricula and mode of instruction; Section 8(2)(c) mode and quality of examinations; Section 8(2)(d) harmonization of legal education programmes; and Section 8(2)(e) monitoring and evaluation of legal education providers and programmes. Section 8(3)(a) make Regulations in respect of requirements for the admission of persons seeking to enroll in legal education programmes; Section 8(3)(b) establish criteria for the recognition and equation of academic qualifications in legal education; Section 8(3)(c) formulate a system...

Section 9. Powers of the Council Section 9(1)(a) control, supervise and administer its assets in such manner and for such purposes as best promote the purpose for which the Council is established; Section 9(1)(b) control and administer the Fund; Section 9(1)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 9(1)(d) enter into association with other bodies organizations within or outside Kenya as the Council may consider desirable or appropriate and in furtherance of the purpose for which the Council is established; Section 9(1)(e) open a bank account or bank accounts for the funds of the Council; and Section 9(1)(f) invest the funds of the Council not currently required for its purpose. Section 9(2) The Council may, within such time as may be specified by the Council, require any person to furnish any returns or information relating to legal education and training that is in the opinion of the Council required to enable the Council to perform its functions or exercise its powers under this Act.

Section 10. Remuneration of Council members Section There shall be paid to the members of the Council such remuneration, fees or allowances for expenses as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, approve.

Section 11. The Secretary, officers and staff of the Council Section 11(1) There shall be a secretary to the Council who shall be appointed by the Council on such terms and conditions of service as the Council may determine, who shall be the Chief Executive Officer of the Council. Section 11(2) The secretary shall serve on a full time basis. Section 11(3) The secretary shall be an ex officio member of the Council and shall not have the right to vote. Section 11(4) The secretary shall be responsible to the Council for the day to day running of the affairs of the Council and may perform such other duties as may be assigned to him by the Council. Section 11(5) The Council shall appoint such other officers and staff as are necessary for the proper discharge of the functions of the Council under this Act, upon such terms and conditions of service as the Council may determine.

Section 12. Independence of the Council Section The Council shall, in the exercise of its functions, comply with the general policy of the Government relating to legal education and training and not be subject to the control of any other person or authority.

Section 13. Cooperation with other organizations Section the Commission for University Education and other regulators in the field of education, generally;

Section 14. Invitation of experts Section 14(1) The Council may invite any public officer or other person or any representative of any body, who in the opinion of the Council, has expert knowledge in matters relating to the functions of the Council to attend any meeting of the Council and participate in the proceedings. Section 14(2) A person attending a meeting under this section may, if invited, participate in any discussion at the meeting but shall not vote.

Section 15. Delegation by the Council Section The Council may, by resolution, generally or in a particular case, delegate to any of its committees, member, officer, employee or agent, the exercise of any of the powers or the performance of any of the functions of the Council under this Act.

Section 16. Common seal of the Council Section 16(1) The common seal of the Council shall be kept in such custody as the Council shall direct and shall not be used except on the order of the Council. Section 16(2) The common seal of the Council shall, when affixed to a document and duly authenticated, be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.

Section 17. Protection from liability Section 17(1) No matter or thing done by a member of the council, any officer, employee or agent of the council shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Council under this Act, render the member, officer, employee or agent or any person acting under their direction liable to any action, claim or demand whatsoever. Section 17(2) The provisions of subsection (1) shall not relieve the Council 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 the powers conferred on the council by this Act or by any written law or by the failure, whether wholly or partially, of any works.

Section 18. Licensing legal education providers Section 18(1) An institution that intends to offer any course or programme of legal education in Kenya for the award of a degree, diploma or certificate as a professional qualification in law shall apply to the Council for a licence. Section 18(2) An application under subsection (1) shall be in the prescribed form and shall be accompanied by the prescribed fee. Section 18(3) A person who offers any course or programme of legal education in Kenya for the award of a degree, diploma or certificate as a professional qualification in law without a licence commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. Section 18(4) The Council may by notice in the Gazette declare a course or programme, specified in the notice, being offered or provided by any person or institution to be a course or programme for which a licence is required under this section. Section 18(5) A certificate of attendance at a course, workshop or seminar shall not be considered a degree, diploma or certificate for purposes of this Act. Section 18(6) A...

Section 19. Issuance of licence Section 19(1) Where the Council, after considering an application under section 18 , determines that the applicant is suitable and competent to offer legal education programmes or training, the Council may issue a licence to the applicant. Section 19(2) The Council shall specify, in the licence, the courses or legal education programmes which the legal education provider may offer and any terms and conditions that the Council may consider necessary. Section 19(3) The Council shall, upon licensing an institution as a legal education provider under this Act, publish the name of the institution in the Gazette and at least one daily newspaper with nationwide circulation.

Section 20. Display of licence Section 20(1) Every accredited legal education provider shall display its licence in a prominent place, at its registered office and at every branch office in which the business of a legal education provider is conducted. Section 20(2) A legal education provider shall clearly state in all its letters, accounts, agreements and other documents and the fact that it is licensed as a legal education provider.

Section 21. Suspension or revocation of licence Section 21(1) Where the Council has reasonable grounds to believe that a legal education provider is not complying with the terms and conditions of the licence, the Council may, after giving the legal education provider an opportunity to be heard, by notice in writing require the legal education provider to take the corrective action specified in the notice within the period specified in the notice, to the satisfaction of the Council. Section 21(2) If the legal education provider fails to comply with a notice issued under subsection (1) within the period specified in the notice, the Council may, after calling upon the legal education provider to show cause why the licence should not be cancelled, cancel the licence. Section 21(3)(a) suspend the licence for such period as the Council considers necessary; or Section 21(3)(b) revoke the licence.

Section 22. Certificate and diploma courses Section 22(1)(a) a certificate course, at least one year of instruction; Section 22(1)(b) a diploma course, at least two years of instruction; and Section 22(1)(c) a professional post graduate course at least one year of instruction, Section 22(2) A legal education provider may, in addition to the courses set out in the Second Schedule, offer any other courses to persons pursuing a certificate or diploma in law.

Section 23. Core degree courses Section 23(1) A legal education provider offering a course for the award of a degree in law shall, in addition to any other courses offered, provide instruction and examination for each of the core courses set out in the Second Schedule. Section 23(2) A legal education provider may offer any other programmes that it may consider necessary, taking into account the developments in the law and society generally. Section 23(3) The Cabinet Secretary may, by notice in the Gazette , amend the Second Schedule.

Section 24. The Legal Education Fund Section 24(1) There is established a fund to be known as the Legal Education Fund which shall vest in the Council. Section 24(2)(a) such moneys as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act; Section 24(2)(b) such sums as may be payable to the Council pursuant to this Act or any other written law, or pursuant to any gift or trust; Section 24(2)(c) such sums as may be granted to the Council by the Cabinet Secretary pursuant to subsection (3); and Section 24(2)(d) all moneys from any other source provided for or donated or lent to the Council. Section 24(3) There shall be made to the Council, out of monies provided by Parliament for that purpose, grants towards the expenditure incurred by the Council in the exercise of its powers or the performance of its functions under this Act. Section 24(4) There shall be paid out of the Fund any expenditure incurred by the Council in the exercise of its powers or the performance of its functions under this Act.

Section 25. Investment of funds Section 25(1) The Council may invest any of its funds in securities in which trustees may by law invest trust funds, or in any other securities, which the National Treasury may from time to time approve for that purpose. Section 25(2) The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the Council.

Section 26. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth June in each year.

Section 27. Annual estimates Section 27(1) Before the commencement of every financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Council for that year. Section 27(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the Council; Section 27(2)(b) for the payment of pensions, gratuities and other charges in respect of the retirement benefits which are payable out of the funds of the Council; Section 27(2)(c) for the proper maintenance of the buildings and grounds of the Council; Section 27(2)(d) for the maintenance, repair and replacement of the equipment and other property of the Council; Section 27(2)(e) all expenditure incurred in relation to the establishment, equipment or management of any training institution by the Council; and Section 27(2)(f) for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of building or equipment, or in respect of such other matter as the Council may deem appropriate. Section 27(3) The annual estimates shall be approved by the Council before the commencement of the financial year...

Section 28. Accounts and audit Section 28(1) The Council shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Council. Section 28(2)(a) a statement of the income and expenditure of the Council during the year; and Section 28(2)(b) statement of the assets and liabilities of the Council on the last day of that year. Section 28(3) The accounts of the Council shall be prepared and be submitted for examination annually by the Auditor-General in accordance with the Public Audit Act (Cap. 412B).

Section 29. Establishment of the Legal Education Appeals Tribunal Section 29(1)(a) an advocate of the High Court of Kenya of not less than ten years standing; or Section 29(1)(a)(i) an advocate of the High Court of Kenya of not less than ten years standing; or Section 29(1)(a)(ii) a person who has attained at least ten years experience in the field of legal education or as a distinguished academic in law; Section 29(1)(b) one person who shall be an advocate of the High Court of Kenya of at least seven years standing or a person with at least ten years experience in the field of legal education or as a distinguished academic in law; Section 29(1)(c) three persons who have demonstrated competence in the field of legal education; and Section 29(1)(d) the registrar who shall be an advocate of the High Court of Kenya with at least five years experience. Section 29(2) The Judicial Service Commission shall appoint the members of the Tribunal through an open, competitive and transparent process. Section 29(3) The Tribunal shall be ad hoc and shall sit at such times and in such places as it may appoint.

Section 30. Vacancy in office of member Section accepts any office the holding of which, if he were not a member of the Tribunal, would make him ineligible for appointment to the office of a member of the Tribunal;

Section 31. Jurisdiction of Tribunal Section 31(1) The Tribunal shall, upon an appeal made to it in writing by any party or a reference made to it by the Council or by any committee or officer of the Council, on any matter relating to this Act, inquire into the matter and make a finding thereupon, and notify the parties concerned. Section 31(2) For the purposes of hearing an appeal, the Tribunal shall have all the powers of the High Court to summon witnesses, to take evidence on oath or affirmation and to call for the production of books and other documents. Section 31(3) Where the Tribunal considers it desirable for the purposes of avoiding expenses, delay or for any other special reasons, it may receive evidence by affidavit and administer interrogatories within the time specified by the Tribunal. Section 31(4) When determining any matter before it, the Tribunal may take into consideration any evidence, which it considers relevant to the subject of an appeal before it, notwithstanding that such evidence, would not otherwise be admissible under the law relating to evidence.

Section 32. Appeals from decisions of the Council Section refuse to grant a licence;

Section 33. Procedure of Tribunal Section 33(1) Any interested party may be represented before the Tribunal by an advocate or by any other person whom the Tribunal may permit to be heard on behalf of such party. Section 33(2) The proceedings of the Tribunal shall be open to the public save where the Tribunal, for good cause, otherwise directs. Section 33(3) Except as is expressly provided in this Act or any Rules made thereunder, the Tribunal shall regulate its own procedures. Section 33(4) For the purposes of hearing and determining any cause or matter under this Act, the chairperson and two members of the Tribunal shall form a quorum.

Section 34. Conflict of interest Section A member of the Tribunal who has an interest in any matter which is the subject of the proceedings of the Tribunal shall not take part in the proceedings.

Section 35. Powers of Tribunal on appeal Section confirm, set aside or vary the order or decision in question;

Section 36.Status quoupon appeal Section Upon any appeal to the Tribunal under this Act, the status quo of any matter or activity, which is the subject of the appeal, shall be maintained until the appeal is determined.

Section 37. Award of costs Section 37(1) The Tribunal shall have the power to award the costs of any proceedings before it and to direct that costs be paid in accordance with any scale prescribed for suits in the High Court or to award a specific sum as costs. Section 37(2) Where the Tribunal awards costs in an appeal, it shall, on application by the party to whom the costs are awarded, issue to the party a certificate stating the amount of the costs. Section 37(3) Every certificate issued under subsection (2) may be filed in the High Court by the person in whose favour the costs have been awarded and upon filing, the certificate of costs shall be deemed to be a decree of the High Court and may be executed as such.

Section 38. Appeals to the High Court Section 38(1) Any party to proceedings before the Tribunal who is dissatisfied by a decision or order of the Tribunal on a point of law may, within thirty days of the decision or order, appeal against such decision or order to the High Court. Section 38(2) The Tribunal may of its own motion or on the application of an interested person, if it considers it appropriate in the circumstances, grant a stay of execution of its award until the time for lodging an appeal has expired or where an appeal has been commenced until the appeal has been determined.

Section 39. Rules governing appeals Section 39(1) The Tribunal may make rules with respect to the filing, hearing and disposal of appeals and other matters before it. Section 39(2)(a) the fees to be paid; Section 39(2)(b) the procedure to be followed; Section 39(2)(c) the manner of notifying the parties thereto; and Section 39(2)(d) the scale of costs of any such appeal.

Section 40. Remuneration of Tribunal members Section 40(1) There shall be paid to the chairperson, registrar and the members of the Tribunal, such remuneration and allowances as the Cabinet Secretary shall, from time to time, upon the advice of the Salaries and Remuneration Commission determine. Section 40(2) The expenses of the Tribunal shall be charged to the Legal Education Fund. [Act No. 18 of 2014 , Sch.]

Section 41. Notice of change in a legal education provider that is body corporate Section 41(1)(a) in the directors of that body corporate; or Section 41(1)(b) in the management of the body corporate, Section 41(2) A legal education provider that fails to comply with the provisions of subsection (1) commits an offence.

Section 42. Reciprocal agreements Section 42(1) The Council may recommend, to appropriate authorities, the conclusion by Kenya of reciprocal arrangements with the government of any country in the interests of and in furtherance of legal education in Kenya. Section 42(2)(a) credit transfers between a legal education provider in Kenya and a legal education provider in another country; Section 42(2)(b) liaison between the Council and a regulator of legal education in another country; and Section 42(2)(c) the harmonization of the curricula of legal education in Kenya with those in another country. Section 42(3) For the purpose of giving effect to any reciprocal arrangement under this section, the Cabinet Secretary may, on the advice of the Council, make Regulations for giving effect in Kenya to any such arrangements and for modifying or adapting this Act in its application to cases affected by such arrangements.

Section 43. Offences Section 43(1)(a) for the purpose of procuring the registration of himself or another person as a legal education provider, or for any other purpose under this Act knowingly makes any false statement 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 particular material; Section 43(1)(b) being a registered legal education provider has a place of business other than the one specified in the licence and carries on business as a legal education provider at that place; or Section 43(1)(c) offers, purports to offer or holds himself out as offering legal education, otherwise than in accordance with this Act, Section 43(2) A person who commits an offence under this section is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Section 44. Offences by body corporate Section Where an offence is committed by any company or other body corporate, society, association, or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association body of persons commits an offence and is liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or was about to be committed, or that he took all reasonable steps to prevent its commission.

Section 45. General penalty Section A person who commits an offence under this Act for which no penalty is specifically provided is liable to a fine, not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year or both.

Section 46. Regulations Section 46(1)(a) develop a framework for the implementation of a programme for continuing legal education aiming at the professional development and maintenance of standards in all cadres of the legal profession; Section 46(1)(b) make provision for the assessment criteria to be used by the Council in consultation with the local bar associations in other jurisdictions, in accrediting foreign programmes; Section 46(1)(c) provide for the Council to, in consultation with Commission for University Education, establish mechanisms for the continuous monitoring and evaluation of the programmes of foreign universities recognized by the Council; Section 46(1)(d) authorize the charging by the Council of fees in respect of any application, licence or other service under this Act; Section 46(1)(e) make provision for the establishment of legal education and training institutions; Section 46(1)(f) provide for the terms and conditions of service, including the appointment, dismissal, remuneration and retiring benefits of the members of staff of the Council; and Section 46(1)(g) prescribe any other thing required or permitted to be prescribed for the better carrying out of t...

Section 48. Transitional provision Section 48(1) An institution that was before the date of commencement of this Act, lawfully providing legal training, for which a licence is required under this Act shall be deemed to hold the same status under this Act. Section 48(2)(a) the repeal shall not affect any instrument made or any other thing done under the former Act and every such instrument or thing shall continue in force and shall, so far as it would have been made or done under this Act, have effect as if made or done under the corresponding enactment of this Act; Section 48(2)(b) the repeal shall not adversely affect the terms and conditions on and subject to which any person held office or served immediately before the commencement of this Act.

Section 49. Savings and transitional Section 49(1)(a) every agreement, whether in writing or not, and every deed, bond or other instrument to which the former Council was a party or which affected the former Council, and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned, shall have effect as if the Council were a party thereto or affected thereby instead of the former Council, and every reference therein to the former Council substituted in respect of anything to be done on or after such date of coming into operation to refer to the Council; Section 49(1)(b) any proceedings pending immediately before such date of coming into operation to which the former Council was a party shall be continued as if the Council was a party thereto in lieu of the former Council; Section 49(1)(c) all officers of the former Council shall become the corresponding officers of the Council and, subject to the provisions of any rules made under this Act, shall continue in office for the period for which they were appointed or elected as officers of the former Council. Section 49(2) For the purposes of this section, the assets and liabilities of the Cou...