The Council of Legal Education (Accreditation of Legal Education Institutions) Regulations

Section 1. Citation Section These Regulations may be cited as the Council of Legal Education (Accreditation of Legal Education Institutions) Regulations.

Section 2. Interpretation Section 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.

Section 3. Application and transition Section 3(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. Section 3(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. Section 3(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. Section 3(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.

Section 4. Application procedure Section 4(1) Any institution that, at the commencement of these Regulations, wishes to be accredited under these Regulations shall apply to the Council for accreditation. Section 4(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. Section 4(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. Section 4(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. Section 4(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.

Section 5. Evaluation of programme Section 5(1) The Council shall, within sixty days from the date of acknowledgement of an application, evaluate the programme submitted and make recommendations. Section 5(2) The Council may engage the services of an independent evaluator to undertake any aspect of the evaluation process on it's behalf. Section 5(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. Section 5(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.

Section 6. Rejection and re-evaluation of an application Section 6(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. Section 6(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. Section 6(3) Where the rejected application is not re-submitted within six months, the application shall lapse.

Section 7. Inspection Section 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.

Section 8. Certificate of accreditation Section 8(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. Section 8(2) The certificate of accreditation under paragraph (1) shall be in Form CLE No. 2 set out in the First Schedule to these Regulations. Section 8(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. Section 8(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. Section 8(5) The certificate of accreditation issued under paragraph (1), shall, unless revoked under regulation 10, be valid for a period of five years.

Section 9. Publication Section 9(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 . Section 9(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 . Section 9(3) The Council shall maintain and regularly update particulars of the accredited institutions on its register and official website.

Section 10. Revocation of accreditation Section 10(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. Section 10(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. Section 10(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. Section 10(4) Where the Council revokes a certificate of accreditation of an institution, it shall publish a notice of revocation in the Gazette . Section 10(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. Section 10(6) The ins...

Section 11. Operation standards Section 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.

Section 12. Maintenance of standards Section maintain the standards set out in the Third Schedule;

Section 13. Institutional reports Section 13(1)(a) an annual report of its activities in each year of operation; Section 13(1)(b) an annual report of the resources set aside for the legal training and the maintenance of the legal library services; and Section 13(1)(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. Section 13(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.

Section 14. Renewal of accreditation Section 14(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. Section 14(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.

Section 15. Re-inspections Section 15(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. Section 15(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. Section 15(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.

Section 16. Discontinuation Section 16(1)(a) the legal education institution has requested to discontinue offering the accredited programme; Section 16(1)(b) the Council discovers that the legal education institution is no longer interested in offering legal education; Section 16(1)(c) the legal education institution has been served with a revocation order under regulation 11; or Section 16(1)(d) the legal education institution is not accredited by the Council. Section 16(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. Section 16(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.

Section 17. Discontinuation plan Section 17(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. Section 17(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. Section 17(3)(a) not admit new students to any of its legal programmes; and Section 17(3)(b) assist its students to transfer to other accredited institutions to complete their legal education programmes. Section 17(4)(a) continue to follow the course programmes approved by the Council or in the mode existing before the order of discontinuation; Section 17(4)(b) maintain the library and other physical facilities required under these Regulations; and Section 17(4)(c) maintain adequate faculty staff qualified to manage the course programme. Section 17(5) A legal institution shall not...

Section 18. Eligibility for admission Section 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.

Section 19. Recognition, equation of foreign qualifications and equivalence Section 19(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. Section 19(2) Notwithstanding the generality of paragraph (1), the Council shall equate everyqualification from a foreign institution against its standards and make such recommendations as it may consider necessary.

Section 20. Grounds for appeal Section 20(1) Any person aggrieved by a decision of the Council may appeal in writing to the Cabinet Secretary through the Secretary within thirty days from the date of the Council's decision. Section 20(2) The applicant shall set out the grievance or issues to be determined by the Committee. Section 20(3) The Committee shall determine the Appeal within three months from the date of its appointment.

Section 21. Establishment ofad hoccommittee Section 21(1)(a) the Chairman, who shall be a person who is or is eligible to be appointed a Judge of the High Court of Kenya; Section 21(1)(b) one person who is or is eligible to be appointed as Senior Counsel; Section 21(1)(c) one person representing the Ministry for the time being responsible for legal education; Section 21(1)(d) one person from the private sector who is not a legal practitioner; and Section 21(1)(e) a Secretary, who shall be an ex-officio member. Section 21(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. Section 21(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. Section 21(4) The Committee shall make its own rules of procedure.

Section 22. Establishment of committees Section 22(1) The Council may establish such committees as it considers necessary for undertaking any of its functions under these Regulations. Section 22(2)(a) inspect institutions; and Section 22(2)(b) determine the persons eligible for admission to the Bar.

Section 23. Fees and charges Section 23(1) The fees specified in the Fourth Schedule shall be paid in respect of the matters specified in the corresponding entry. Section 23(2) Fees once paid shall not be refunded.

Section 24. Offences and penalties Section 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.