Justice Newsletter 2020final

JUSTICE
Volume 3 Issue 1
Newsletter
A Client Oriented
Kenya School of Law
KSL IS ISO 9001:2015 Certified

The Kenya School of Law
CONTENTS
01 02
• Word from the
Chairperson
From the Editor • Word from the
Director/Chief
Executive
07 Departmental Briefs
03 Milestones
• A Quick analysis of the November 2019 Bar
Exam Results
• 4th Graduation Ceremony
• Corporate Social Responsibility as a
Covid-19 response
24
• Legal Audit and Compliance Course for
34
Young Lawyers
Students Corner Issues of Interest
• E-learning: The new normal through

Covid-19 and beyond
• Client Demands and the Growth of
The Law in Off-PlanPurchases.
40
• Embracing a Culture of
39
Environmental ComplianceAuditing
Photo Gallery Just for 'lawghter'
41 Covid - 19 Awareness
From the Editor
Welcome to Volume 3 Issue 1 of the Finally we have covered insightful articles
Justice newsletter. The theme of the on areas of interest including E-learning:
newsletter is a Client-Oriented Kenya The New Normal in mitigating against
School of Law. We are also excited to Covid-19, and Environment Compliance
Christine Kungu publish this issue amidst the Covid-19 Auditing, as well as various articles from
Chair | Editorial Committee global pandemic which has impacted on students and KSL alumni all which
the school’s activities. We are grateful for showcase the ways in which the School’s
the support that the management of the activities and indeed various facets of the
The Editorial Team school has taken to ensure the safety and legal profession are, or could be more,
Christine Kungu well being of the staff and students. client-oriented.
Samuel Akhwale
Fredd Wakimani In this issue, the Editorial Committee has
Agnes Mwai As always, we remain grateful to the
Stephen Okello endeavored to demonstrate the ways in Board and the management of the school
Phoebe Ndungu which our School undertakes its mandate for their continued support and to all
Linnett Odawo with our key clients as the focus.
Anastasia Otieno contributors who have aided in the
Valentine Nyokabi success of this publication. Special
We have published several articles gratitude goes to the Editorial Committee
Contributors featuring the milestones achieved by the for their efforts in ensuring that this issue
school including the 4th graduation of the Justice Newsletter has been
Agnes Mwai ceremony held in December 2019 and the produced and published.
Albert Simiyu
Anastasia Otieno partnership training between the school
Annah Konuche and the Law Society of Kenya’s Young Enjoy the read and stay safe.
Brian Nduati lawyers Committee on the Legal Audit
Colletta Nekessa
Crispin Bosire Courses.
Dr. Omondi Owino
Dr. Erick Komolo We have also covered various
Aileen Aluso Ingati
Fredd Wakimani departmental briefs and events including
Isaac Kuloba the upcoming KSL Annual Conference
James Nyahu and Mooting in the Covid-19
John Malombe
Justus Munyithya environment.
Kennedy Onyango
Kimani Patrick Ndungu
Leah Kiguatha
Mariam Mahmud
Martin Kembero
Njeru Maina
The Editorial Team
Nthaatu Ntoogo
Peter Raymond
Shadrack Omondi
Shelmith Mugo
Shelmith Wacera
Sonya Sigalai
Stephen Okello
Valentine Nyokabi
Disclaimer From Left Christine Kungu, Anastasia Otieno, Samuel Akhwale, Agnes Mwai, Valentine Nyokabi,
Stephen Okello, Phoebe Ndungu, Linnett Odawo, and Fredd Wakimani.
The information in this
publication is for general
purposes and does not
constitute legal or professional
advice. For further information
on this publication please
contacts us through:
[email protected]
Justice Newsletter Volume 3 Issue 1 | 2020 | 1

Word from the Chairperson,KSL Board
I take this opportunity on behalf of Client orientation puts the client at the
Kenya School of Law Directors, to beginning, center and end of every
congratulate the management for transaction which means the School’s
publishing this issue of the focus is shifted to the client’s needs and
Justice newsletter. expectations. The School is focused
on putting measures in place that
The newsletter is an important will enable it continue to serve its
tool for keeping the School mandate to the highest possible
community informed of key events and standards despite the uncertain times.
developments for the year.
We the Board of Directors urge all
The theme for this issue is “a client- our stakeholders to adhere to the
oriented Kenya School of Law.” This is guidelines that the government has
appropriate at this time when the issued for containing the spread of
country and the world at large have been Covid-19.In the meantime the
affected by the current public health newsletter has a wealth of
Professor Fatuma Chege
Chaiperson challenges. informative and engaging articles for our
Kenya School of Law Board stakeholders.
Word from the Director/Chief Executive

On 6th December 2019, the School held its This closure has adversely affected
4th graduation ceremony with 114 learning in both the ATP and the
graduates receiving their Postgraduate paralegal program. It has also impacted
Diploma in Law and 26 graduates the registration of new students for the
receiving the Diploma in Law (Paralegal diploma in law (Paralegal studies).
Studies). The School also honored
students who excelled in the 2018 exams The School finds itself facing an
both in postgraduate diploma and unprecedented set of challenges but
paralegal diploma in law levels. continues to work to innovate and adapt
to the new environment. On behalf of the
In discharging its mandate, the School has School, I wish to reassure our
continued to train candidates undertaking stakeholders that once learning resumes,
Dr. Henry K. Mutai the Advocates Training Programme we will maintain our high standards and
Director / Chief Executive Officer
(ATP) of whom 1716 were enrolled for the focus the safety of the School community
Kenya School of Law
2020/2021 academic year. As a means of as a priority.
I am pleased to present this issue of enhancing the student experience, the
the Justice newsletter, a publication School has continued to innovate and to Finally, I would like to thank the Editorial
that has served as an effective tool to improve the access to learning by the Committee for their efforts in ensuring
keep our stakeholders informed of introduction of evening/Saturday classes. that this issue of the Justice Newsletter
activities taking place at the School. has been produced.
In March 2020, the outbreak of Covid -19
Over the period covered by this issue, in Kenya led to the closure of learning
the School has been able to achieve institutions throughout the country,
several milestones. including the School.

Milestones
A Quick analysis of the November 2019 Bar Exam Results
Fredd Wakimani
On the 7th of February 2020, the Council

of Legal Education (CLE) released the
results of the 2019 bar examinations. The
bar exam is administered by CLE after
university graduates of law undertake the
Advocates Training Programme at the
Kenya School of Law (KSL) for the
purposes of being admitted to the Kenyan
Bar to practice as Advocates.
There was a marked improvement in the

performance of 5 out of 9 subjects
examined in comparison to 2018.
Professional Ethics for improved from an
87.5% pass rate in 2018 to a 94% pass rate
in 2019.
Legal Practice Management improved

from 51.5% in 2018 to 85.5% in 2019,
Conveyancing moved up from a pass rate
of 39.5% in 2018 to 65.6% in 2019 and
Commercial Transactions registered a
notable improvement from 45% in 2018 to
a 66% pass rate in 2019. Legal Writing and
Drafting was the most improved with a
pass rate of 86.5% from 51.5% in 2018.
The 2019 Re-sit exam, which was done

concurrently with those doing the exam in
the 1st sitting, also had a significant
improvement in the performance of Legal
Writing and Drafting, Professional Ethics,
Legal Practice Management Conveyancing
and Commercial Transactions.
In conclusion the false notion that there is

mass failure when students undertake the
CLE bar exam is one that should be
dispelled going by the 2019 results. The
results are an indicator that the bar exam is
not insurmountable and with the right
balance of proper coverage of the syllabus Fredd Wakimani is an Advocate of the
from the lecturers and hard work from the High Court of Kenya and a Lecturer at the
students, a pass in all the nine subjects is Kenya School of Law.
possible. However for those who fail a
subject or two in the first sitting they still
have a good chance to pass the same
during the re-sit exam and a good majority
do.

4th Graduation Ceremony
Annah Konuche
The Kenya School of Law had a very

successful 2019 whose highlight was the
4th Graduation Ceremony held on the 6th
December, 2019 at the KSL Grounds in
Gate A.
The colorful event was graced by none

other than the Speaker of the National
Assembly, Hon. Justin B. N. Muturi EGH,
who represented the Deputy President of
the Republic of Kenya who could not make
it due to the exigencies of duty.
Other guests present during the ceremony

include KSL Board members Prof.
Michael N. Wabwile, Ms. Emily
Chweya and Ms. Jacqueline Manani
who delivered a speech on behalf of the
Chair of the Board Prof. Fatuma Chege. In line with tradition, the School For the second year in a row, Senator
Also present were the Chief Executive presented awards to the best students Mutula Kilonzo Jnr. sponsored an
Officer of the Council of Legal overall for both ATP and Paralegal award which went to the best student in
Education Dr. Jacob Gakeri, Ms. Carolyne Studies as well as the best student(s in Trial Advocacy. Lecturers of the School
Kamende Daudi representing theeach subject for the ATP. The awards were also not left behind as Mr. Fredd
President of the Law Society of Kenya, were sponsorships from leading law Wakimani and Ms. Anna Konuche each
deans of several Law Schools in Kenya, thefirms in Kenya including Oraro gave a cash award to the best male and
management of KSL, 2018 class graduands, and Company Advocates and female students respectively in the
staff and students of the Kenya School of Wamae and Allen Advocates. Paralegal Training Programme. We
Law. We also had sponsorship from thank all the sponsors for the generous
key partners of the School such as contributions and look forward to more
A total of 114 students graduated with a NCLR, FIDA-Kenya, Law Africa and partnerships in the future.
Post Graduate Diploma in Law (also CIC.
known as ATP) while 26 graduated with a The School wishes to thank all the
Diploma in Law (paralegal studies). The guests for honoring the invitation to
graduants all gowned in black gowns and grace the occasion, the management,
yellow sashes, which are the corporate staff and Graduation Committee for all
colours of the School, and accompanied by the tireless effort that went into
their relatives and friends were very organizing the successful event.
jubilant.
To the 2018 class and graduands,
The graduands cheered each other as their Congratulations! Godspeed! The world is
names were read out by the Assistant under your feet, go conquer.
Director, ATP. The best student(s) overall
in both categories, that is ATP and Viva!
Paralegal Studies gave valedictory speeches
congratulating and inspiring their Annah Konuche is the Assistant Director,
classmates to aspire for greater things. The Advocates Training Programme at the Kenya
President of the Students Council, 2018, School of Law.
Mr. Adrian Kamotho Njenga also gave a
speech thanking the management of the
School for the support it accorded them
when they were students.
Corporate Social Responsibility as a Covid-19 response
By Shelmith Mugo
The Kenya School of Law exists in a

community which it engages for overall
social good. The School attains this
through the Corporate Social
Responsibility (CSR) Committee.
The CSR Committee is guided by the CSR

policy document, the mandate of the School as
outlined in the Kenya School of Law Act, the
2018-2022 Strategic plan, and the Annual
Performance Contract.
In the recent past, some of the CSR activities

that the school has been involved in are a clean-
up of the Karen – Langata area in partnership
with the Karen Langata District Association,
and donation of beds and a water tank to a
Children home in Ongata Rongai.
In April 2020, the School received a request from

St. John the Evangelist Holy Ghost Parish to
donate essential items. This was because
a number of parishioners had been
affected by the Covid-19 pandemic. St.
John the Evangelist church is situated
about a hundred metres away from the Kenya
School of Law, and have interacted with the
school in good neighborliness, including
offering parking space during the School’s
graduation ceremonies, among other
interactions.
The Director of the Kenya School of Law

approved a contribution to meet this need
and on 24th April 2020, One hundred (100)
relief packs were donated to the church for
distribution. Each pack contained maize
flour, rice, sugar, lentils, salt, cooking oil,
soap and a matchbox. The CSR
committee appreciates everyone who made this
possible in various ways. Shelmith Mugo is a Human Resource officer
at the Kenya School of Law.

Legal Audit and Compliance Course for Young Lawyers
- the partnership between the Law Society of Kenya and the Kenya School of Law
Aileen Aluso Ingati
In 2019, the Law Society of Kenya, - those institutions entrench the culture of 1. Advise their respective organizations on
through its Young Lawyers Committee, strict adherence to constitutional, statutory, constitutional and legal compliance
entered into a memorandum of policy and administrative requirements, as requirements and prepare them for
understanding with the Kenya School of well as best practices. external compliance audits;
Law whereby young members of the society 2. Develop terms of reference for a legal
would be trained on legal audits and The course mounted by the Kenya School of audit;
compliance. Law is comprehensive. The participants learnt 3. Prepare a legal audit proposal;
about the objectives of legal audits and the 4. Prepare work plans, audit schedules and
This engagement has so far attracted about benefits. There were several practical activities data collection instruments;
120 participants in one week trainings held in simulating the various stages of an actual legal 5. Prepare and populate a legal audit
November 2019, December, 2019, January, audit exercise. matrix;
2020 and February, 2020; all the 6. Write a legal audit report; and
participants were all awarded certificates The course was delivered by persons who have 7. Evaluate an external auditor's report.
by the Kenya School of Law. in the past eight years conducted over thirty-
five legal audits consultancies, and who have
The Legal Audit and Compliance Course is extensive experience in conducting legal audit The feedback on the training has thus far been
intended to transform the management and courses. positive, with all participants finding value in
operations of public and other the training. The Law Society of Kenya and
institutions through strict adherence to There were also guest presentations by the Kenya School of Law now looks forward
Constitutional, statutory, policy and governance and compliance experts, as well as to conducting the remainder of the trainings
administrative requirements, as well as personnel from selected oversight institutions. agreed upon under the MOU virtually in light
observance of international best practices. It of the current Covid – 19 pandemic.
equips advocates with the necessary knowledge The training has contributed to the capacity
and skills to undertake legal audits and building of the advocates that took part in it Aileen Aluso Ingati is an Advocate of the
compliance assignments for clients or their by equipping them with the skills and ability High Court of Kenya and a Council member
institutions, with the ultimate aim of helping - to: of Law Society of Kenya.

Departmental Briefs
Advocates Training Programme 2020/2021 departmental brief

Annah Konuche
The ATP department had a successful start These stakeholders include the Law Society Mr. Munyithya is a senior Advocate of
to the academic year 2020/2021, with the of Kenya and its members spread out in the the High Court of over twenty years and
registration of the 2020 cohorts of students republic of Kenya, the Judiciary, government has a wealth of experience in the practice
in January, the Director’s inaugural lecture departments, the Office of the Attorney of law having previously served in the
and orientation in early February and the General, the office of the Department of Judicial Vetting Commission. His
commencement of classes immediately Public Prosecutions, parastatals, Non- recruitment partly fills the vacancies
thereafter. With the announcement of Government Organizations and private brought about by the retirement of two
measures to contain the spread of Covid-19 corporate entities. These very important senior and very dedicated members in the
by H.E the President in mid-March, the stakeholders take part in training our last two years. Mrs. Rose Ruto retired in
School was forced to close down and send students in the field for the six months they early 2018 while the Justice (Rtd) Richard
its students on an indefinite break. The are engaged in pupilage and we are eternally Kuloba retired in early 2019. The School
Pupilage programme was subsequently grateful for their contribution towards and the department wish to thank the
suspended. shaping and training the next generation of two retired lecturers for their dedicated
lawyers. and selfless service to the School and
Launch of Evening/Saturday Classes
In recognition of the role played by these department.
Under the Kenya School of Law Strategic
stakeholders, every year the School engages
Plan 2018-2022, one of the strategic
them in planned workshops and on 13th The department also welcomes Ms. Anne
objectives under the provision of quality
March, 2020, the School represented by the Ayitso and Ms. Peris Kamau who joined as
professional legal training under the
Director, Dr. Henry Mutai, full time Office Administrators and thanks Ms.
Advocates Training Programme is the
lecturers and the academic manager visited Phoebe Ndungu and Josephine Muringi who
introduction of flexible/part time
Mombasa for a workshop with both pupils were deployed to other departments.
programmes. To achieve this objective, the
and pupil masters based in Mombasa. It was
School at the beginning of this year Annah Konuche is the Assistant Director,
a full house of both the young and senior
launched the evening/Saturday Classes Advocates Training Programme at the Kenya
members of the Bar as well as pupils who School of Law.
which run every Monday to Friday 6 pm to
also came to share their experiences on
8 pm and every Saturday 8 am to 5 pm.
pupilage.
The reason behind launch of the classes was
because of the realization that quite a The topics tackled included the role of a
considerable number of students have to pupils master as a trainer, a topic ably
work in order to make ends meet while handled by our very own Mr. Samuel
others with families co-parent and hence are Mwaniki while the topic of the pupil master
either unable to enroll for the programme as a mentor was handled jointly by Ms. Anna
for fear of missing classes or enroll and end Konuche and Mr. Justus Munyithya. The
up missing classes. The introduction of highlight of the workshop was the
flexible learning was thus a welcome relief presentation by Hon. Justice Ogola of
for many and the enrollment for this Mombasa High Court on the topic of judicial
evening classes/Saturday classes stands at expectations of the pupilage program. He
126 students which exceeded the School’s underscored the need for the pupil masters
initial target of 100 students. to be engaged with their pupils and to ensure
Pupil Master Workshop – Mombasa proper preparation before court appearance.
Pupillage is an integral component of New Staff

the Advocates Training Programme In March, the department welcomed Mr.
and it involves several stakeholders who Justus Munyithya joining the department as
take part in the pupillage process. a Principal Lecturer.
Paralegal Training Programme of the Kenya School of Law:
A Client Oriented Approach
Anastasia Otieno
The Kenya School of Law conducts The paralegal section is currently in the A culture of servant leadership is valued and
trainings of paralegal under its process of implementing a new curriculum encouraged at the paralegal programme. The
paralegal training programme. This is which was subjected to stakeholder scrutiny student gets assistance at all times. Strictness
a two year course that leads to a and approved by the KSL board. laced with compassion is practiced. The classes
paralegal diploma meant to cater for are delivered with professionalism.
those who need a knowledge in law This ensures the programme delivers an
without necessarily having studied law at education which is at par with the world This means adherence to the time table and
the degree level. The programme standards and thus produce students who respect of the student’s time. Any classes not
endeavors to incorporate client- form a competent workforce. The section is attended by a lecturer is made up and a lecturer
oriented principles and it does so in also guided by various board approved informs the students where possible in good
several ways. Our clients at the policies such as an examination policy, time of postponement of a class. On the part of
paralegal programme includes the students disciplinary policy and sports policy among the students, this means class attendance of at
and any person who comes into the School others. least 2/3 for each subject per term and showing
for services including enquiries. up appropriately dressed for the class.
The School hires staff and trained service
The qualifications to join the School as a providers who are customer friendly. This is The students are involved in development of the
paralegal student is at least an overall geared towards ensuring that our clients curriculum and new courses and policies for the
C plain in English coupled with an overall receive services that are empathetic to the programme. This ensures that the programme
C plain at KCSE or its equivalent or a client’s needs. This ensures that the students speaks to the type of client who it is supposed to
relevant diploma. This legal entry in as far as is possible are treated with serve. The students offer feedback through
requirement is strictly adhered to thus understanding in their environment. evaluation of the course content and the
ensuring that the student leaving the lectures. This is used to feed back to the
School is qualified for the job market. The Paralegal training programme has an programme to improve it and inform training
open door policy where open communication needs of the staff.
The programme is currently based at our and problem solving is key. This allows for
Town Campus, in the central the client to be able to approach any member The paralegal training programme does not
business district of Nairobi City. of staff for assistance to ensure that issues are stand alone but is run through coordination
The central positioning is convenient to our resolved in the fastest and best way possible. with the other school wide programmes.
students. This open communication is also practiced It is housed under the Academic
among the staff who treat each other with department of the School through which it
The paralegal programme is still very much respect and dignity. This has led to a positive is supported thus ensuring its smooth running.
a part of the Kenya School of Law. All the impact on the customer through the use of
extra-curricular activities are carried out soft skills, communication and team work. With the Schools vision and mission guiding its
at the main campus in Karen and with client oriented approach, the paralegal
the School providing transport for the The team at the paralegal programme is programme strives for continual improvements
students. The Town Campus students supported in their need to get relevant in the services it offers.
provide a team for football, athletics and training. All the lecturers in the programme
swimming during the Schools annual are qualified for the job and further to this the Anastasia Otieno is the Coordinator of the
sports day. They also participate in School offers training in adult literacy skills to Paralegal Training Programme and Principal
the School’s community service all of them. They are also kept aware of all Lecturer at the Kenya School of Law.
activities such as freedom from hunger related School wide programmes and how they
walk, Standard Chartered relate to the paralegal section. The non-
Marathon and environment cleanliness. teaching staff have to attend mandatory
relevant training at least once a year.

At the Heart of KSL
Agnes Mwai
“We are here to help” is the 3. Special Collection - This section has; Laws of Other accessible websites are:
service-oriented attitude that KSL Kenya, Special Reports from various • Kenya Law – National Council for Law
library staff must have to successfully Commissions, Dictionaries, Training materials ReportingBritish and Irish Legal
meet the needs of our customers. for Continuing Professional Development and Information Institute
Customer satisfaction is the heart of our other non-Law core materials • Directory of open access journals
profession - the reason why libraries • CRIPTed: A Journal of Law, Technology
exist. KSL Library aspires to offer a 4. The Electronic Resource Center - The and Society
friendly and conducive section is equipped with seventy computers • The world law guide
environment where user information meant to facilitate access to electronic • Off Campus Access Login with the
needs are met in a personalized manner. information resources to aid study and
Excellent customer service, combined research. credentials provided
with comfortable environmental To actualize effective access to these e-
atmosphere, is critical to the success of 5. Media Lounge - This section is set aside for resources, the Library department
any library. Why? Because satisfied reading of newspapers and Magazines. conducts Information Literacy and
customers respond to excellent service Competency Training (ILCT) at the
and they will want to use the library Libraries are part of the information sector and beginning of each academic year. The
again and again. are considered knowledge organizations. To training is meant to empower users with
succeed in the changing information and information search and retrieval skills. The
The KSL Library is an integral part of the knowledge packaging, the KSL library has major aspects of the training include:
academic programs as it supports the taken various steps in managing information
teaching and training of legal by adapting to new desires of customers and 1. Access to online resources - Users are taken
education. Its purpose is to provide leveraging technology. One area that the through the procedure of accessing various
relevant and up to date library has succeeded on is prescription to online databases. Personalized log-in
information materials of both legal and various online resources which are rich in legal credentials are issued to enable remote access
professional knowledge. It facilitates information. The databases are available in the while out the KSL premises.
access to information materials in KSL website. They are as follows
both print and electronic formats. It 2. Legal Research - Users are trained on how to
also facilitates research and practical 1. Ebrary E-books conduct legal research by identifying and
learning. 2. Lexis Nexis retrieving the required information that is
3. Westlaw Edge required for supporting legal decision-making.
To offer quality information service and 4. Emerald Management This legal information can be retrieved from
ease access and retrieval of information, 5. Law Africa printed books, online legal research databases
library books are organized by subject 6. JSTOR that the library subscribes or from free
areas in both campuses. In addition, the 7. University of Chicago Press database.
library is divided into various sections as 8. EBSCO Host Research Databases
follows:
1. Reserve Section - The section is located 9. Mary Ann Liebert Publishers 3. Reference guide - Students are taken through
next to circulation desk and it houses few 10. Springer Link Journals referencing guide and how to cite various
copies of books on high demand. These 11. Wiley Online Library sources of information. The purpose of proper
books are not borrowed out of the 12. Gale Cengage Learning citing of sources is to acknowledge the author
library. More copies of the same books 13. Taylor and Francis Online Journals for any ideas or quotations used.
are in the open shelves as well. The 14. Project Muse
reserve section, also has the Laws of 15. World Bank e-library 4. Activation of Box account - This is an
Kenya, copies of the Constitution and 16. Organization for Economic Co- information sharing platform where lecturers
some subject files. operation and Development – OECD and students exchange learning materials. To
iLibrary enable access to the material, users must have
2. Open Shelves / Reading Area - Books 17. Oxford Journals (OUP) individual accounts. During the training users
in this area can be borrowed out for a 18. The Institute for Operations Research are taken through the process of creating their
period of one week except Law Reports and the Management Sciences accounts.
and Dictionaries. (INFORMS)

Accessibility of library information
resources during the Covid-19 pandemic
Advocates Training Programme classes

were suspended in the middle of
Information Literacy and Competency
Training and therefore about half of the
current students had not been trained. The
department took the following measures to
ensure continuity of service delivery to
users:
1. The library remained open for

borrowing and returning of print books.
2. Students who had not been trained
were invited to the Box platform.
3. Individual ProQuest accounts (for
Ebrary) were created and activated to
enable remote access and download of
eBooks. This was a tedious process that
library staff had to endure.
4. For all the 2020/2021 ATP
students, individual off campus login
credentials for access to KLISC e-
resources were sent to their specific email
address.
5. The department has continued to
assist users remotely through social
media, mobile phone calls and emails
Complaints and feedback
Since Library services are customer

oriented, we believe that constructive
engagement with our clients and
stakeholders through complaints and
feedback helps us to improve our
service delivery. Complaints are
usually responded to promptly and
feedback given within the shortest time
Agnes Mwai is the Principal Librarian
possible. Kenya School of Law.
Library services are key and central to

enhancing users experience through its
resources and facilities. As such, the KSL
Library and Information Services
department will continue to improve its
performance by putting a greater emphasis
on offering quality services to all users.

The Continuing Professional Development, Research and
Projects Division (CPD, R and P)
Isaac Kuloba
The core functions of the Kenya School of

Law are set out in the Kenya School of Law
Act 2012. Three of the core functions of the
School are to ensure continuing professional
development for all cadres of the legal
profession; to provide other specialized
training in the legal sector; and to undertake
projects, research and consultancies.
The School delivers these functions through

the Continuing Professional Development,
Research and Projects Division (CPD,
R and P). The Division has,
since its inception been handling short skill-
based courses for professionals in different
sectors of the economy who administer the
law or are otherwise involved in the
administration of justice.
The courses offered are either
calendar courses or customer-tailored:
calendar courses are advertised generally
and those who are interested apply to
attend, whereas a customer-tailored
course is for a specific institution,
according to its needs. The calendar
of training is always uploaded on
the School website by May each year,
and runs from 1st July to 30th June. The
calendar for the year 2020-2021 will be
out by June 2020.
Regarding consultancies or projects, the

Division, undertakes Legal Consultancies
on behalf of public or private institutions.
So far,the School has been the leading
expert in training and providing
consultancy services on legal audit and
governance audit since 2012.
The research function of the School is

currently being discharged through annual
conferences that call for well-researched,
scholarly papers on the chosen thematic
areas. The conference proceedings are
expected to be published as a way of
disseminating the research findings.
Isaac Kuloba is the Assistant Director CPD,Projects and Research at

the Kenya School of Law.
Volume 3 Issue 1 | 2020 | 11

Justice Newsletter
The 2nd KSL Annual Conference on Lawyers,
Constitutionalism and Globalization
Dr. Erick Komolo
The School is this year organizing its 2nd The impact of this has been more evident in How to deal with these challenges is the reason
Annual conference on the theme of increased disparate activism, generational the Kenya School of Law and partners have
“Lawyers, Constitutionalism and rivalries, politicization of the professional and collaborated to host the “Lawyers,
Globalization.” The conference is tentatively the loss of focus on the broader role of the Constitutionalism and Globalization
scheduled to take place from 23 - 24 lawyer to society including as a vanguard of Conference”. The aim is to share facts,
November 2020 at the Karen Campus. Constitutionalism. emerging trends, ongoing studies and findings.
Specifically, the conference will interrogate

the terrain for legal education and practice
in East Africa and around the world that has
remarkably evolved over the last six (6)
decades, arguably in line with the region’s
political governance.
At independence, the legal sector in the

region was characterized by nascent training
institutions and professional associations
dominated mostly by ‘expatriates’. This has
arguably evolved to now more ‘localized’
firms and independent professional
associations. However, this evolution
presents real opportunities for growth and
as many challenges.
For example, in era of globalization there is

now sharp focus on the role and relevance of
lawyers and their professional associations
in society. Whilst the traditional models
envisaged a ‘conservative’ professional
guided by established ethical standards and
guidelines, the ‘disruptive’ effect of
globalization and politics would seem to
challenge this.
In East Africa, for instance, the historical

role of the lawyer as harbinger for
Constitutionalism and rule of law has
arguably been eroded by fragmentation of
standards and ‘opportunities’, which no Dr Erick Komolo is an Advocate of the High Court of Kenya
longer dictate predictability in professional and a Principal Lecturer at the Kenya School of Law.
path.

Mooting In The Covid-19 Environment
Albert Simiyu Murambi
One of the methodologies used in the The School team had a chance to mingle Over 450 students, coaches and judges from
Advocates Training Programme (ATP) is with and compete against their peers from around the globe attended the event. More
clinical training of students.An array of around the world. events took place on 25 April 2020 to honor
tools are deployed by trainers to achieve this memorial writers, volunteers and various
end. One of those tools is moot court. It is while the team was away in Indonesia national administrators. While the
ATP students for the 2019/2020 academic that the embers of Covid-19 hit our shores irreplaceable person to person touch was
year participated in intraclass moots during and upended our real and moot court lives, missing, the end was achieved, intellectual
term two of the training.The interclass possibly, forever. Much as Indonesia was engagement with the next crop of public
moot court competition culminated not at the time identified as a hotspot for the international law lawyers.
in the annual interclass moot court COVID-19 virus, upon its return, on 16
competition that was held in the third term. March 2020, the team was given mandatory As for the Willem C. Vis International
instructions by Ministry of health authorities Commercial Arbitration Moot, it was
As a sequel of the interclass moot court to self-quarantine for at least fourteen (14) cancelled on 7 March 2020. A limited
competition, the School constituted teams days. The self-quarantine, is a standard number of teams competed virtually. The
to represent it in various national and global measure designed to slow down transmission International Criminal Court Moot Court
moot court competitions. The teams of the highly infectious virus. Thankfully, the Competition oral rounds were similarly
constituted were earmarked to represent the team emerged from self-quarantine free of cancelled. As for the John H. Jackson Moot
school in the following moot court any form of infection. Court Competition, the School’s virtual
competitions: participation in the Regional Round was
As time for the rest of the competitions hampered by the team’s inability to practice
approached, the COVID-19 virus spread during the lockdown with team members
a. The John H. Jackson Moot Court more intensely causing death and scattered in different towns around the
Competition; destruction across the globe. Health country.
b. Phillip C. Jessup Moot Court authorities around the globe were forced to
Competition; put in place drastic measures which included It has been an unprecedented experience for
c. The International Criminal Court travel bans, stay at home orders and social teams, judges, coaches and organizers. The
Moot Court Competition; distancing. These measures were put in travel bans, risk of infection with COVID-19,
d. Willem C. Vis International place, especially in emerging COVID-19 self-quarantines and lockdowns not only
Commercial Arbitration Moot; and hotspots such as Europe and the United upended ordinary lives but drastically
e. The Jean-Pictet Moot Court States. Consequently, all the moot court affected how we see and participate in moot
Competition. organizers were compelled to cancel the courts. The changes hoisted upon the school
competitions. by COVID-19, especially moving towards
All the aforementioned international moot virtual participation in events, will live with
court competitions were scheduled to take The Phillip C. Jessup Competition was us for many years to come.
place in various parts of the world on scheduled to take place from 12-18 April
diverse dates. Of the five international moot 2020 in Washington DC. However the event Albert Simiyu is an Advocate of the High
court competitions only one took place. The was cancelled on 11 March 2020 on health Court of Kenya and a Principal Lecturer at
School’s team which comprised of Philip grounds. The cancellation did not however the Kenya School of Law.
Odete, Lilian Koech and Fred Kibagendi dampen the spirit of mooting. The
participated in the 2020 Jean-Pictet moot international organizers fully utilized
court competition anglophone edition that technology by live streaming on Facebook a
was held in Denpasar, Indonesia. The session with authors of the compromis of the
exclusively anglophone version of the 2020 Jessup Problem: Amir Farhadi, Tim
competition ran from 7 to 14 March 2020. McKenzie, and Beatrice Walton.
Client Orientation during COVID-19 Pandemic:
The Approach taken by the CPD, R and P Division
Nyokabi Njogu
Following the Presidential directives on The courses that were to be held in March and After a review of the legal environment that
restrictions on movement, social distancing April were put off until such time that the we are currently operating in, as well as
and other measures to slow the spread restrictions on public meetings could be lifted. feedback that has been received from our past
of COVID-19, The Continuing Professional However, the CPD staff felt strongly that there participants, the Division soon expects to pilot
Development,Research and Projects Division was a need find a way in which preparation of its first online course in the coming weeks.
(CPD, R&P Division), like the rest of the the calendar courses and the specially tailored
KSL, took measures to implement a work courses could continue without too much As always, we remain guided by the mission and
from home protocol. interruption. vision of the School, and encourage anyone with
suggestions for improvement to please reach us
The CPD, R&P mandate is broadly As a result, the staff members embarked in an on [email protected]
divided into three arms: the first is effort to ensure that preparation with course
continuing professional development, which is notices and course content being prepared and Nyokabi Njogu is an Advocate of the High
the arm of the division which handles training this being advertised in anticipation that the Court of Kenya and a Lecturer at the Kenya
on various subjects; the second is the pandemic will soon be behind us. School of Law.
projects department responsible for
undertaking consultancies such as legal This time has presented an opportunity to scale
compliance audits; the third is the up the consultancy work of the School. Using
research department which handles a variety the technology at our disposal, the department
of research assignments on behalf of the has focused on handling of legal compliance
School. audits which has entailed conducting meetings
with clients by way of through video
Each of these arms was hard hit: four courses conferencing, asking clients to provide
were scheduled to be held between March and electronic copies of documents to be audited
April 2020 - courses which had been and where this was not possible, having such
aggressively advertised and for which a number documents delivered to the School for audit and
of participants had expressed interest and inspection. In this way the legal audit
signed up. Some legal audits were also consultancy work of the School has continued
underway, and a number yet to be commenced. uninterrupted.
Due to the implementation of the mitigation
measures, it was clear that there was going to be The measures taken to mitigate the pandemic
a need to rethink the department operations. have also forced us to rethink the way we offer
courses, and are now exploring ways in which
After the decision was made to have staff work we can offer cutting edge continuing
from home, the Department was forced to re- professional development courses through open
evaluate which of its activities were to be and distance learning means.
prioritized during this time.

Mentorship of Students at the Kenya School Of Law
Justus Munyithya
A few years back, a young lawyer chose to On one hand, the mentee registers It’s recommended that you seek
start his law firm immediately after his improved academic performance; someone at your level. A pacesetter to
admission to the bar. With insufficient obtains knowledge on professional get you back on track should you begin
funds and limited practical knowledge on growth; obtains honest feedback; gets to veer off, to keep you at good pace, to
the management of a law firm, he begun financial support; finds an opportunity nudge you on should you begin to slow,
the journey of establishing a firm. to learn on how to actualize values and or caution you should run ahead of
However, upon being faced with the strategies; gains access to career network yourself. A fellow classmate or a recent
various complexities of running a firm, he and exposure; finds an impetus to alumnus fits the bill.
realized that he was not making any pursue career development; and gains
progress and had to consult his pupil the ability to fine tune career goals. Thirdly identify a legend. Identify a
master and one of his lecturers before person who has excelled exceptionally
making any decision. On the other hand, mentors improve in areas of competence that you pursue.
their coaching, modeling and listening The legend need not be someone you
His lecturer identified him as a possible skills; develops personal leadership are in contact with, it could be someone
candidate for mentorship, and chose to styles; obtains a better understanding on you read about or follow on any media.
walk with him in his journey. To date, he challenges in career development; Someone phenomenal, who excites you;
attributes the success of the firm to the obtains personal satisfaction; and boost this could be someone from history like
mentorship by his lecturer and admits that their generational awareness. Lord Denning, or from present times
he would not have known how to handle like a Senior Counsel.
various aspects of legal practice without Ideal mentorship calls for one to have
being mentored. But then, how many law more than one mentor, because every The Kenya School of Law (KSL)
students get such mentorship protégé needs to develop in more than appreciates the benefits of mentorship
opportunities? Where are such mentors? one area. Law students sometimes and has developed both formal and
Who is an ideal mentor? What does wonder where they could get multiple informal programs that offer
mentorship entail? mentors, but mentors exist all around mentorship to students. These
us. programs include; advice, guidance,
Mentorship has been defined as the support and constructive feedback by
relationship between a mentor and a In seeking suitable mentors for personal lecturers, alumni, senior advocates,
mentee, which involves the mentor helping development, it has been recommended judges and other experienced legal
the mentee to take charge of his growth that you have three types of mentors: practitioners.
and to develop effectively. It has also been
defined as a mutual and trust-based 1. An Eagle Formal mentorship programs:
relationship between a more experienced 2. A Pacesetter
person in a particular field and a junior 3. A Legend During the first twelve (12) months of
person in the field with the critical the Advocates Training Program,
objective to guide, advise and help the An eagle, someone who is already flying students are divided into seven
mentee achieve their career goals and towards the heights that you wish to classes, with a supervisor in each
avoid potholes along the career path. In achieve. This is someone experienced class. The supervisors are not only
the legal profession, mentorship is the and able to see past your perspective. mandated to act as contact persons
process whereby a law student or young but also handle inquiries, complaints
Advocate is paired with a more An eagle’s experience will guide you and disputes. The supervisors have
experienced senior advocate, the end- and help you navigate towards your utilized hierarchical style of
goal being to provide advice and vision. This ideally is someone ahead of mentorship in their respective classes.
help the mentee (protégé) avoid you in your carrier like a senior
potholes. advocate, a judge, or pupil master. Secondly, classes are further divided
Secondly find yourself a pacesetter. into firms where meetings, assignments,
Whatever form, style or dimension Eliud Kipchoge made history the and projects are discussed. Each firm
employed; mentorship is a reciprocal other day running a full marathon composes between 10-20 students who
relationship that endears both parties a under two hours. Kipchoge has are led by a firm leader elected from
myriad of benefits. since repeatedly acknowledged the among the firm members. These firms
contribution of his pacesetters. have fostered peer mentorship.
Thirdly, moot court competitions which KSL can enter into an MOU with key Conclusion:
are conducted in form of inter firm and stakeholders such as the Law Society of
inter class, escalated to national, regional Kenya, Judiciary, Parliament, State Law Benjamin Franklin once said, “Tell me and I
and finally international competitions Office and Department of Justice, Kituo forget, Teach me and I remember, Involve
offer grounds for both peer and Cha Sheria, Kenya National Commission me and I learm.”, It is inevitable that KSL
traditional mentoring. on Human Rights, Katiba Institute, FIDA, will establishes a robust, sustainable, and
Justice Advocacy Africa, Trial Advocacy more involving mentorship program that
Fourthly, KSL engages legal practitioners Training Institute and such other ensures graduates of ATP face the rigors of
during in house training to give a talk on institutions which are capable of engaging legal practice with great insight.
their areas of practice. This has seen students and opening up opportunities.
judges, magistrates, and legislative Justus Munyithya is an Advocate of the High
drafters working with various Over the years, there have been notable Court of Kenya and a Principal Lecturer at
government departments such as training programs offered at KSL in the Kenya School of Law.
parliament share their experience with partnership with other institutions that
students.Pupillage also offers have fostered mentorship and been
mentorship opportunity. This is because beneficial to students. These include:
the responsibility of the Pupil-master as
provided under Student Information 1. Training offered in partnership with
Handbook, Form D as well as Pupillage Lawyers Without Boarders in 2008
Deed points to a mentor. with special focus for FIDA and
Kituo cha Sheria for Pro bono
Finally, KSL has a draft mentorship lawyers;
policy which proposes creation of a
mentorship board to oversee the 2. Trial Advocacy Training offered in
program. It is proposed that a student partnership with Justice Advocacy
will be paired with a mentor (an advocate Africa in 2009 and 2010 that has
of at least five years standing) and the seen replica trainings in Mombasa,
outcome of their engagement monitored Kisumu and Uganda;
by the board.
3. Trial Advocacy Training offered in
Informal mentorship programs? 2019 in partnership with Inns Court
College of Advocacy based in the
Lecturers have invited alumni of the United Kingdom;
school to speak to students on their
experiences at the school, during 4. Legal Audit Training offered in
pupillage, holding over and post conjunction with Law Society of
admission. Students have through this Kenya for Young lawyers in 2019
program been encouraged, shown and 2020;
approaches to answering questions, and
given revision tips. It would be more beneficial if such
partnerships are formalized and
From the foregoing, there is need to institutionalized, and a department
establish mentorship programs at law established at KSL to coordinate the
schools, law firms, and various mentorship programs.
professional levels in the legal fraternity
to ensure smooth entry of young
advocates into the legal practice.

Procurement Planning
Mariam A. Mahmud
Introduction Conclusion
The Procurement Plan is an annual An effective procurement plan provides a

document which defines the products framework to guide procurement officers in the
and services that a Procurement entity achievement of their tasks and duties.
will obtain from external suppliers
through procurement process. A sound It is an opportunity for all stakeholders
procurement plan helps a procuring involved in the processes to meet in order to
entity to define their procurement discuss particular procurement requirements.
requirements and to decide where and These stakeholders could be the requesting
when to procure. It is a requirement by entity, end users, procurement department,
law that each procurement entity technical experts, and even vendors to give
prepares its procurement plan and align relevant inputs on specific requirements.
it to the approved budget.
Implementation of a successful procurement It permits the creation of a procurement
plan strategy for procuring each requirement that
What is procurement planning?
will be included in the procurement plan. Such
Implementation of successful procurement strategy includes a market survey and
Procurement planning is the process of
plan requires that all the stakeholders determining the applicable procurement
identifying and consolidating method given the requirement and the
especially the user is fully involved in the
requirements and determining their time circumstances.
procurement cycles. This include
frames for their procurement with the
aim of having them as and when 1. Raising of requisitions, attaching the Planners can estimate the time required to
required. A good procurement plan will terms of reference, specifications, complete the procurement process and award
describe the process in the identification samples and bill of quantity where contract for each requirement. This is valuable
and selection of suppliers/contractors / applicable. information as it serves to confirm if the
consultant. Formulation and requirement can be fulfilled within the period
development of procurement plans is not 2. Participating in quotation/tender expected, or required, by the requesting entity.
just a good practice that must be opening and evaluations of bids
embraced by PE’s but it is also a legal The need for technical expertise to develop
requirement. 3. Participating in inspection of goods and technical specifications and/or scope of work
works for certain requirements can be assessed,
Importance of a procurement planning especially where in-house technical capacity is
Benefits of effective procurement planning not available or is non-existent.
Procurement planning is one of the most
important steps in procurement cycle. It 1. An effective plan saves time and money. Mariam A. Mahmud is the Principal Supply
ensures that procurement activities are Chain Management Officer at the Kenya School
linked to budget, correct methods of 2. An effective plan serves as a conduit to of Law.
procurement are selected, and suitable achieving entity's objectives.
contracts are executed for goods, works
or services being procured. It also 3. An effective plan ensures compliance
with regulatory policies.
provides a good basis for monitoring by
limiting scope of non-compliance with
4. An effective plan provides a framework
agreed procurement procedures. In
to guide procurement officer in the
addition, it assists an organization in
achievement of their tasks and duties.
monitoring the cash flow and
management in decision making.

Hospitality Services - A client oriented KSL
Colletah Nekesa
The hospitality industry prides itself in We pride in customer service, With an ever-growing and changing industry,
being a client-oriented service provider. comfort, cleanliness, legroom, value for the Hospitality section has maintained
Client orientation is putting a client at money, check-in and boarding and food and constant checkups and improvements
the beginning, center and end of every beverage. through benchmarking activities. This
transaction. It shifts the organizations’ promotes the center while gaining much
focus from the service and product to the The school is located along Langata needed skills for improvement. Services are dully
customer. Four words always come to South road in Karen, Nairobi. The catered and priced to be favorable to all. This
mind regarding customer service. They cool and serene ambience of its acts to serve a variety of people.
include;commitment, completeness, location and environment has given it
consistency and adequate a competitive edge against other Our restaurant offers both local and
communication. Each one plays an service lenders and attracts alot of clients. international dishes in menu and
important role in creating a memorable buffet options. The bar serves
customer experience. It is a quality establishment that has assisted champagne and other soft/alcoholic
in the smooth running of the School drinks. Meals and drinks can either be
The attributes of an employee include through the revenue collected. enjoyed at the restaurant or outdoor
having good listening skills, attentive Nonetheless, the services provided have by the garden. This is well facilitated by
details, technology savviness, flexibility been amicable and detailed to ensure our esteemed staff.
and working as a team. For a client’s satisfaction from both the service
needs to be met, the organization creates providers and clients. It is through the systemic working
a customer value proposition, recruit’s procedures put in place that the center
customer friendly people, treats The Hospitality section is governed keeps flourishing and ameliorating. With the
employees well, walks the talk, listens to by policies set by the school's aim of being the best hospitality service
customers voice, defines standards, management to ensure steady running of provider, it keeps adapting to better
empowers staff and coordinates activities. In as much as students and staff services. As a result, client overflow has
functions for departments to work are primarily the target audience, the increased leading to the
closely. services are all offered to organization improving service delivery to
outsiders. Other services provided clients. Insights into the wishes,
The interpersonal skills and listening include spread out and well-manicured expectations and satisfactions of
skills are always involved in handling our lawns for outdoor functions like customers enable the organization to
clients. The management and employees weddings, corporate fun days, birthday improve customer orientation. This has led to
align their individual and team objectives parties and team building activities. This is the growth and success of services at the Kenya
for both small and large gatherings. School of Law.
around satisfying, retaining and growing
customers. The motto used is usually, a Spacious accommodation rooms are
client is always right. Understanding a available and well maintained with an Colletah Nekesa is a waitress at the Kenya School
client promotes client satisfaction. established wifi connection and global of Law.
Research conducted by Heskett et al entertainment channels.
(1997,2000) shows that the more
enthusiastic the employees, the more The staff incorporated in the section have
loyal the customer and the higher the been well vetted and empowered through
profits. lessons from Utalii College. This has
maintained a stellar performance in
The Kenya School of Law has services provided. It is through this that
undisputedly established itself as among the center has hosted a variety of well-
the leading hospitality service providers. known events. These include events
This has been achieved through the held by the Kenya Revenue Authority,
Conference and Retreat facilities. Kenya Film Classification and the Law
Conference rooms are well suited for all Society of Kenya. With good reviews
levels of meetings from executive and generated from these events and
exclusive board meetings, middle level others held, the center continues to
manager retreats, trainings and business record good progress. This has served
meetings that can hold up to 100 persons. to establish the institution as a
brand leading to increased sales and
growth.

The Client is Key in Service Delivery in Transport
Martin Kembero
Transport Management is one of Our vehicles are serviced on time when due any operations on service delivery
the support sections within the to avoid any breakdown before next service and customer care.These have been
Human Resource and unless otherwise on need basis. This has achieved through the support on
Administration department. The improved our service delivery and synergies delivery of goods on time, given the
section is key for daily operations for the benefit of our clients. right product at the right place and
because it entails the movement of we encourage feedback from our
Our drivers are flexible and open minded
people, goods, materials and services clients to measure the level of our
when authorized to perform certain activities
from one corner to another. service delivery and help in
or duties within a limited time,
As a section it is our mandate to ensure performance improvement. As
whether inbound or outbound logistics on
our clients are served with dignity and an organization we value clients as key
delivery of services. They are willing and
respect. We have disciplined and in the growth of our institution.
ready to offer services till our customer gets
obedient drivers, with knowledgeable Communication between the drivers and
satisfied. This has given us an added
and skills that make them have a clients needs to be of mutual
competitive advantage in service advantage and best strategy on service
understanding.
delivery. delivery.
It is important to note that success has
We train our drivers on annual basis been accomplished well, like dispatch of
on defensive driving, refresher courses, letters on time to our stakeholders,
first aid skills, customer care skills,
supervision of students, taking students
positive attitude change and driver safety,
so as to be acquainted with the current for legal clinics giving free legal
dynamics in transport operations. services to prisoners and remandees, and
taking officers for meetings and workshops,
For the purpose of satisfying our clients,
this has boosted our relationship with our
we normally do proper planning,
clients and we normally receive total
scheduling, executing monitoring and
support that has made our section key in -
controlling measures to ensure all
Beatrice Otira, part of the transport team at KSL
operations are well executed and
minimise wastage.
From Left: Leonard Rono and Nicholas Ajwang.

Also part of the transport team
Martin Kembero is an Assistant

Administration Officer at the Kenya School
of Law
KSL Transport team . From Left : Peter Mwangi, Kennedy Oyatsi, Vincent Mocheche, Martin Kembero, Josphat
Wakhanu, Washington Bwire and Lunjalus Shikote

No Pain , no Gain
Kennedy Onyango
Fellow colleagues, I would like to remind The school always participates in

us that many times we dream of having Marathon events and most notably the
wonderful athletic bodies, be able to cope Standard Chartered Marathon
with our children and comrades as they scheduled for October 2020. All of us
play at home and school.All can be should be there at the start line. This
achieved only if we commit to sacrifice would need adequate trainings around
some sleep, valuable time, experience and Ngong Hills and I can report that so
pain to be able to achieve that body, you many world class athletes sweat it out
like and would wish to maintain. on the mountains to be able to achieve
the splendid results we see on the world
Most of us sit around a desk with some stage.
laptop chasing so many endless deadlines
or are forever in meetings. The Although training on a regular basis A staff member working out in the gym
students immerse themselves in books may be difficult always remember the
reading every last word as the dreaded benefits outweigh the hardships;not Lastly let us try to be all round
November bar exams approach and only will you control your weight it will individuals and by doing so you will
from available data only a small help you avoid lifestyle diseases that are develop a wholesome being. Nobody
percentage who manage their precious prevalent as we age gracefully. became healthy by wearing an
time pass. Few would ever imagine expensive suit or dress and sitting
creating time for any sporting event. The Ministry of Health confirmed that around a desk or a library chair then
Studies have shown that engaging in sports physical activity helps in fighting the jumping into a vehicle all year round.
activities has many health benefits that dreaded and feared coronavirus that You must create time to run on the hills
have vital importance. has brought the world to its knees and valleys. Feel the pain, endure it all
literally and exercise will help you think listen to your swim instructor carefully.
The school has facilities that can help us better quality sleep, you will fit in that Organize a group of biking buddies and
achieve the results. All of us can engage in suit you like so much and to make the your productivity will improve at work
some sport of some kind. Personally I skin look better saving costs from those because exercise also improves
participate in almost all sporting events. many products that flood the market brain power. Work outs also love
Swimming for instance involve exercising promising heaven and delivering other nature and if you have forgotten
the whole body and the school has a things. everything I said, remember your
pool to which you can always go there childhood days and do what your kids
anytime, any day at a subsided rate with Let us embrace sporting activities and do at the playground, sweat a little
trainers always at hand to help in case you it will be very difficult to see a each day before rest and eat healthy
try to practice whatever you saw on doctor because of ill health. Hit the too.
YouTube and it is not working out at all. pavement, wake up early in the
Remember practice makes perfect and morning to run and jog around Kennedy Onyango is an Assistant
calm waters will never make a successful your neighborhood. Chances are Accountant at the Kenya School of Law.
sailors so a lot of work and effort should be high you will meet like minded
put in place to ensure success. individuals. Run, walk and cycle to
work and avoid vehicles at all cost
The sports and the corporate social unless necessary.
committees have organized sports
activities from time to time Join a dance class; recruit a swim
throughout Kenya which I would like to instructor to help you perfect that
report that we excel in and this can only be stroke you feared. Be active and within
achieved if we train hard so as to emerge reasonable time you will reap the
winners. benefits.

Human Resource Capacity: The Cornerstone
John Malombe
“When leaders behave consistently with the

expectations of customers, they are doing
things inside their organizations that
deliver value outside.”
(Dave Ulrich, Organizational Capability:

Competing from the Inside Out).
Nothing exemplifies the critical

importance of placing the needs of the
customer at the centre of the
organization’s focus than this 20th
Century statement by one of the most
celebrated Management gurus.
Organizations that value their customers
remain responsive and innovative in line
with the ever changing customer demands,
which give them a competitive advantage.
This is meant to achieve two things; one Teamwork is critical to ensure that
In order to achieve this competitiveness, to ensure that all those who are called people and processes are supported for
the employees (internal customers) of the upon to serve in the School have the optimal attainment of set goals. The
organization are key. It is imperative for necessary skills and knowledge to team approach ensures inclusivity,
organizations to build internal capacities deliver timely and quality services; and maximum utilization of diverse skills
to enable them leverage strengths. two, to mitigate any job related stress. It and also enhances team
has been established through research communication. The department has
As a department, we have both external that insufficient skills for the job is one ensured the formation of various work
and internal customers. It is important to of the contributors to stress. teams in form of Committees to work
note that, while this is the situation, much on different assignments. In addition,
of our day to day effort is geared towards Another area of our focus has been in the department has spearheaded
addressing the internal customers. This is staff training and development. Other numerous team building sessions with a
premised in the proven philosophy that than increasing productivity and career view to eliminate inter - departmental
employees engage with employers and growth, training and development is a barriers, built trust and enhance team
brands when they are treated humanely. key ingredient in the whole recipe for communication to improve
Further, if the work environment is such staff motivation. Going by the ‘return to performance.
that it permits employee involvement and work reports’ that we get from staff
that the employees are satisfied with their after attending training, over and above The most recent team building session,
jobs, they should be able to deliver acquisition of new skills and which was of its own kind, was held in
excellent value to the external customers. knowledge, the staff appreciate that Mombasa in December, 2019. The
training sessions offer an opportunity session culminated in very useful inter -
In order to achieve positive internal to learn from peers from other departmental feedback on what each
customer experience, we have deployed a institutions. They also get an department ought to stop, start and
number of strategies at various levels of opportunity to network with continue doing so as to deliver effective
the employee value chain: professional colleagues from other and efficient results to their respective
organizations in the public and private clientele. More sessions will be
To start with, we have ensured that staff sectors. This enables them to broaden organized in future so to continually
recruitment and selection is competence their perspectives and devise new create and sustain cohesive teams.
based, bearing other Constitutional approaches to work.
requirements.

To ensure that our services are in line It involves setting individual performance Lastly, it has ever been said
with our customer requirements, we targets derived from the School’s strategic that ‘all work and no play
undertake regular customer as well as plan, Annual Performance Contract and makes jack a dull boy.’ The
employee satisfaction surveys. These departmental work plans. Thereafter, school has sporting facilities which
surveys provide us with useful performance is tracked through quarterly, include a swimming pool, sports
information that guides our decisions mid-year and end year performance grounds for ball games
and policy making. reviews.Central to the school athletics
and among others. While staff
perfomance management system participation in sporting activities has
is the rewards scheme. This is meant
The department is also in charge of been noted to be low, all staff
to recognize and appreciate
performance management in the School. members are being called upon and
members of staff who
Performance management system seeks encouraged to utilize the sporting
demonstrate exemplary
to work towards the improvement of the facilities available in the School to keep
performance, including creativity and
overall organizational performance. It is commitment to duty. This is fit and healthy. This would not only
the best tool for gauging the extent to also a performance improvement reduce employee absence due to visits
which customer needs are being met. mechanism since employees who to health facilities but will also ensure
feel appreciated will always do more high staff morale due to vibrant health,
than expected. hence high performance.
John Malombe is the Assistant Director,

Human Resource and Administration at the
Kenya School of Law

Students Corner
Fitting into the Client-Centered KSL: Adopting a Post 9 Ps Mindset
Chrispin Bosire
“The next big thing is the one that makes For instance, the kind of opportunities Finally, there is need to create a human
the last big thing usable.” presented at the School, such as prison centered legal profession, focused more
-Blake Ross, Co-creator of Mozilla Firefox. visits, moot court competitions, CSR on service than on self-gratification. If
activities and even the library services, have there is anything that the challenges
The Kenya School of Law is an emblematic the potential of exposing the student to throughout legal education should teach
training ground, in my qualified opinion. what ordinarily does not come out of lawyers, then it should be the ability to
Everyone tries to discharge their duties, passing the nine papers at first sitting. practice empathy for the people we are
faithfully especially, the combatant ATP Forgive me for sneaking in the library entrusted to help. KSL will achieve its
Student. One resoundingly services in this particular paragraph, but it objectives as a client centered institution,
unfortunate fact is that several perceptions is essential. This is where the difference only if the holders of the KSL Post-
work against the prospects of the trainee is made, in terms of intellectual stretch graduate diploma title can actually
advocates. Now, the resounding truth is races, beyond the class assignments. One defend their training, in their actual
that each student, fortunate to pursue ATP has a chance to interact with mind- practice of the law.
studies, must write their own story. Each shifting and practical socio-legal
of them eventually gets to live their sui literature. KSL teaches responsibility, which must
generis experience at the institution be embraced, with lots of grace and the
because the experience at KSL is deeply Champ S. Andrews, in the article titled client must therefore find their fit, by
personal. “The Law: A Business or a Profession?” is experiencing the institution from their
of the opinion that, just as in the affairs of own lens, devoid of the opinions of the
The structure of the ATP Programme at the heart, the youth follows impulse, before larger society.
KSL empowers the student to make experience teaches him that reason, is the
deliberate choices, one among them, the world's great force. The author suggests Crispin Bosire is a current student at the
choice to coexist and work collaboratively that the mere intellectual development of Kenya School of Law.
with others. This alone, taught me the mind is not of itself sufficient to deserve
tremendous lessons. Anyone who attends approval. This opinion is squarely
to firm work faithfully, must at least be replicated at KSL. One must go beyond the
introduced to super emotional intelligence academic pursuit in order to succeed
skills. This is the part I experienced the holistically. The experience of learning
most as a student, and especially a leader music itself shows that to accomplish a
of an extremely energetic class. The kind of milestone, one must strike a note to inspire
social inclusion crash sessions that each mankind, in order to justify the existence of
student is exposed to on each day of the music in the soul. Therefore, KSL creates
academic calendar, is what makes them fit an environment that enables the students
into the client-centered KSL. come together to influence each other’s
lives, in the long-term.
The user environment at the institution is
almost perfect, considering that at least, The ATP Student must strive to live their
one has a chance to even take a swim to life as one worthy of the training at the
cool off, before the kitchen gets hot. institution. This is the bulwark of their
However, my experience at the School was investment in the ATP programme. We
beyond the academic pursuit of the must therefore make good of the sacrifices
glorious 9 Ps (passing all nine units at first and resilience, by consistently replicating
sitting) ,and this is the narrative that I seek the values learnt at KSL in the profession.
to drive. Well, passing all the papers and We must participate actively in the panel
bagging the 9 Ps is quite a thing, but beating of the profession into the ideal
honestly, not everything. The Kenya perception instilled by the study of both
School of Law has the unexplored capacity Professional Ethics and Trial Advocacy.
to transform the mindset of the client- The current reality of the legal profession
student, to focus beyond the academic solicits the intervention of trainees who can
pursuit. stay true to the code of lawyering.

The Lamest Excuse Ever
Sonya Sigalai
The legal mind consists of illustrating the The core study areas include Trial Now, the KSL student dilemma forces one
obvious and explaining the self-evident. advocacy, Commercial law and practice, to choose either to learn to play with pain
This is a review of the custom-made Property law and practice, Civil and by applying yourself or complain through
services that the Kenya School of Law Criminal litigation, Probate and the pain and burn out. Admittedly, there is
(KSL) offers. The main function of the administration of Estates. In addition, no assurance that either choice is correct
school is to provide professional legal some core skills in relation to legal drafting because the result of either is the same. Even
training as set out in the KSL Act. As a and writing, interviewing, good client with sufficient exploitation of resources
respected center of excellence, the relations and client care are acquired. available plus the pre requisite dash of effort
institution forms part of the mandatory cog Insightful pointers on advising and and unending good luck, all choices remain
in the wheel that is the legal profession. advocacy, oral presentation and viable. Ultimately, for all intents and
Presumably, this is the final requirement professional conduct are garnered in the purposes, the role of the KSL is fulfilled as
that must be met before joining the course of the program. successful advocates are churned out each
working class. It is the most decisive stage year.
but also the most dreaded by students. The KSL is in charge of conducting project
Notably, the Advocates Training Program work assessments and oral examinations Everyone is given equal opportunity to
(ATP) is onerous and prestigious in equal for the preparation of the written apply and join the school. The same
measure. examination. The Council of Legal learning period, academic resources,
Education (CLE) is responsible for the teaching methods are availed to all and
The clientele at KSL comprises eager setting and marking of the Bar exams. That sundry. The setting and marking of
students who apply annually, hopeful to is how intensely competitive the program examinations is fair to all. Personal
join this prestigious institution. The school is. As recommended, the stakeholders are characteristics make a negligible difference.
is responsible for ensuring quality legal implored to continue working together Therefore, with the school doing its best to
training services through efficient and particularly when setting and marking the improve the standard of its services, it is
effective support of the students. Upon written examination. The successful high time we accept that the reasons behind
becoming a successful applicant, I was implementation of the program is owed to student’s performance could be misplaced
ready for ATP. Unknown to me was the the formidable legal minds tasked with dreams, insufferable laziness or the lamest
unexplainable wonders that I was yet to training our budding minds. This speaks to excuse ever.
witness. Time became a relative concept, as the breadth of human, financial,
the months flew by and simultaneously technological resources and material Sonya Sigalai is a current student at the
seemed to never end. Nevertheless, I resources available to the school. A student Kenya School of Law
watched myself evolve; my brain capacity welfare policy has been formulated and is
increased exponentially and my tolerance awaiting implementation. Fingerprint
for stress massively increased. Certainly, technology was recently introduced in
every student encounters a different efforts to go paperless, when signing in for
version of this. lectures. These are some of the short-term
solutions proposed towards the overall
The school offers differential and diverse advancement of the services offered at the
learning with over five hundred hours of school.
contact learning, unlimited access to the
lecturers, eighty hours of group work, an Over one thousand five hundred students
adequate library, organized legal clinics join the KSL annually; all of whom are
through prison visits and moot court from different backgrounds ethnically,
competitions. The main components of the socially and with diverse personal
program are project work, oral attributes. Grit, resilience and internal
examination, written bar examinations and tenacity are key requirements needed to
a six-month training contract referred to as pursue the bar. Students may have these
pupillage. but in different quantities, others plainly
lack them all together.
A Client Centric Kenya School of Law
Shadrack TJ Omondi Makakinyi
The key to success in today’s highly The second strategy involves defining of
Throughout the last century, many
competitive marketplace is to adopt a vision and mission with strategic
establishments did not place much
client-oriented business strategy. There objectives to enhance clients’ focus. The
significance in the role of customers or
are four basic elements that determines institution should be organized in such a
clients to the operation of the business.
clients focus in an organization. manner as to resonate with clients’ needs.
The viewpoint during this era was that
To achieve greater success, the
“whereas clients are important for profit,
The first element is to constantly gather organization should hire and align
the most important factor for determining
information. This involves conducting employees with significant skills on
both success and strategy was to maximize
research on each client thoroughly and strategic objectives and on clients’ needs.
profit for shareholders in the short term.”
asking them questions to get a proper The institution should then create
understanding. The information performance measures and incentives to
The Copernican Revolution led to a
gathered makes it easier to increase ensure employees evaluate their
paradigm shift and in the 21st century,
clients’ satisfaction. performance in enhancing clients’ focus to
customers are at the center of
achieve the strategic goals. All
organizational operations. All
The second element is to have the clients departments should be integrated to
organizational facets are now focused to
as part of the institution. The client assume responsibilities that ensure all
revolve around the client wants and needs.
should be taught about the organization, members of the staff are consistent and
This then places a huge responsibility on
the culture, the visions, the objectives trained regularly on clients’ satisfaction.
the business executives to ensure, the
and missions of the organization. This
business is flexible enough to respond to
makes the client get the sense of The third strategy is to develop effective
the ever-changing client needs and wants
belonging in the organization’s strategic work policies, procedures, processes and
appropriately and reasonably. A
objectives and hence the client base manuals that are tailored towards clients’
grows. needs and target market. The systems and
A client focus helps in understanding
programs should be evaluated and
the clients’ situations and needs to better
Thirdly, the organization must ensure reviewed regularly to ensure they are up to
serve the client. Client focus therefore
clients’ retention. Loyal client base date and clearly aligned towards client
puts the service provider in the
spreads the good, quality and robust focus. In this regard, organization can
position of the clients. In order to
services and provide referrals. Finally, create a client orientation, referencing and
achieve a client-oriented Kenya
evaluation of the organization’s mistakes engagement system. This system brings
School of Law, two important factors
and successes. This helps the together all facets of an organization
must be underscored; client orientation
organization in offering improvements towards client focus. The system is tailored
and client focus.
and maintenance of quality services. towards client needs and client profile
forms as reference points.
Client orientation refers to an approach to
Client-oriented setup can be achieved
sales and customer relations in which staff
through the following strategies; Firstly, Finally, the institution must have a
focus on helping customers to meet their
an organization should set up structures cultural shift towards client focus. This can
long term needs and wants. Here the
for decision making. This involves be achieved through creation of client
business executives and employees should
creation of clear roles and feedbacks, satisfaction surveys and
work to align their individual and team
responsibilities that make it easier for questionnaires. The feedback should be
objectives around satisfying and retaining
decision making. This will momentously studied and responded to appropriately to
clients.
improve the time spent to respond to the ensure client satisfaction. This means
ever changing attitudes, needs and wants honestly listening to the voice of their
Client focus on the other hand refers to
of clients. This helps in aligning the clients and finding out from the clients
organization of the business towards
hiring, training, financing and how they are feeling about the services
serving clients’ needs. The two aspects
developments in decision-making based offered.
therefore posits that KSL should view
on client needs and objectives. The staff
products and service put the from the
must be trained to gain full Shadrack Omondi is a current student at
viewpoint of a client’s needs. A client
understanding of clients, services and the Kenya School of Law.
focused KSL makes it easier for the client
needs. This inculcates soft skills,
to work with the KSL. This puts the KSL in
communication and general team work.
a better place to offers services that solve
client wants and needs.

Customer satisfaction in an institution of higher learning.
Brian Nduati
Have you heard the slogan “right or wrong No business would want that because With the information gathered, an
the customer is always right?” This slogan for a business to thrive it must have institution may now know the best ways
is used when trying to achieve customer clients, not just clients but loyal clients. to improve service delivery. The
satisfaction by giving the customer a high Loyal clients are very sensitive to a information may also help bring in the
priority or putting their needs first. Many business success as they play a really aspect of client focus where the
companies and service providers use this important role which is getting more institution pays attention to the needs
slogan to keep their customers and even clients through referrals. This also and opinions of the customer.
attract more. But how do we achieve applies to a higher learning institution. When this is achieved,
customer satisfaction in higher learning We all know in a higher learning improvement in academics will
institutions? We need to ask institution after a period of time the also be attained as students will not
ourselves several questions before even clients have to leave after they finish have to worry over the small
trying to identify what is needed their period. Having alumni who were problems affecting them and their
in achieving customer satisfaction in satisfied as students is equivalent to focus will shift to academic work
higher learning institutions? Who is a loyal customers;they will always want and this will yield good performance
client in a higher learning institution? to be associated with the institution in which is not only satisfactory to the
Is it the student or parent/ guardian? one way or another and will students but also to the parents or
How is client satisfaction achieved recommend the institution to others. guardians.
in this case? In order to answer these Loyal clients are attained through
questions, the definition of a client must customer satisfaction. Not only the needs of the customer
first be understood. should be met to achieve customer
Customer satisfaction in a higher satisfaction, to be different, an
The Cambridge Dictionary defines a Client learning institution can be simply institution may include marketing
as “a customer or someone who receives achieved by putting the needs of the strategy approach in its goal to achieve
services”. From the definition it is evident students first in relation to the services customer satisfaction. One good
that a student is a client in a higher offered in the institution which is marketing strategy which may be
learning institution despite the fact that in learning and giving quality education. included in this approach is rewarding
most cases they do not pay for the service. The only way to get to know client the client for choosing the institution.
Parents and guardians can be termed as needs is by approaching the clients and This goes along way because when
indirect clients because despite them not asking them what affects them in order a customer feels good at the end of
getting the services directly they expect to achieve the goal of client satisfaction. the day, it’s a plus to the reputation of
fruitful result in terms of good In a higher learning institution, this the institution therefore
performance from the students. activity may be attained by selecting incorporating different ideas in to
students randomly, for instance in accomplishing one goal can lead to
Higher learning institutions have staff who Kenya School of Law, a random greater success.
are service providers to the students and selection of the ATP and Paralegal
who undertake different tasks and students who are willing to give the Doing the little things that makes a
include: lectures, librarians, security needed information. The selected client feel special and needed will lead
guards, administration staff among students can give client to a thriving and successful institution
others. These individuals are the main satisfaction information through of higher learning.
contributors of customer satisfaction in a questionnaires, survey or interviews.
higher learning institution. Sometimes
how they deliver services may affect For the institution to succeed in this Brian Nduati is a current student in the
the institution negatively or positively. program, they should aim to gather Paralegal Training Programme at the
information that affects the students in Kenya School of Law.
A large number of students every now and all areas and not just specific areas.
then complain about many things in There can also be interactions between
higher learning institutions which staff and student leaders where they
amounts to client dissatisfaction. This may address the needs of students directly.
lead to an institution getting bad This can be a good initiative because
reputation because of how the students go through these interactions, students
out and talk about the institution they are may give their views on how to
in. The bad reputation may result in losing improve service delivery.
clients who are students.
A Client Centered KSL:The Periclear Perspective
Njeru Maina.
The Kenya school of Law has been under In the words of Marcus Aurelius, There are very few public institutions in
the lens. Dissected, scrutinized and “Everything we hear is an opinion not a Kenya that facilitate the well-being of
smeared with various accusations. fact. Everything we see, is a perspective, the client especially after payment of
Conversely, it is human nature to fear that not the truth.” What has been fed into fees. The Kenya school of law has
which we do not understand and the our minds since the first year of law proved to be among the few and has
information fed to us unfortunately school are the horror stories of crashed continued to look out for the well-being
aggravate the fears instilled in the trainee dreams and souls, the “heartless of its clients even when things get thick
advocate long before applications to the humans that rule the institution” the and thicker for the student. I write this
Advocated Training program are opened. low pass rates and the list goes on and piece at the helm of the Covid -19
on. However, unlike Pericles, we fed on pandemic yet the school continues to
Pericles, the elder statesman of Athenian this information and made decisions on pick the clients calls, reply to emails and
politics, led the Athenians to the greatest misplaced emotions and fears hoping keep it’s student body informed of any
successes of his time. He is portrayed as a that we somehow get to maneuver opportunities available for them as well
man that did not enter into action based on through the academic year. But much as patching glitches in off campus
emotion or fear but rather refined like consuming poison and hoping that services.
knowledge and acute strategically approach the vermin dies, the end is clear.
to issues from a point of merit. The This, however, cannot be regarded as
product of his style is evident in the The school is strategically fashioned to the pinnacle of customer service; more
sublime beauty that Athens came to be ensure that the best interest of the will be needed in future with changing
known for world over including the forty- students are kept at heart. The level of times and trends. As I pen off, I appeal
foot statue of Athena. professionalism accorded to the client to the newly admitted trainee advocate
has to be recognized and lauded. As a to shed off the myths and
The Periclean perspective leads us into client, in my short time at the school, i misconceptions of the school and forge
canvassing the role of the school in have been accorded courtesy and ahead with informed strategy and merit
facilitating the tutoring and administration professionalism in access to services by to the stars and beyond.
of the final lap to the legal profession. The every member of staff and faculty that I
trainee advocate has to understand that the have interacted with. Njeru Maina is a current student at the
school is the frontline in the link between Kenya School of Law.
the student and the examiner. Getting to But there never lacks one of those, the
the Kenya school of law has been a journey family black sheep, but with time they
for me. I was fortunate to have been turn around and see the light. Needless
admitted to the school on the first to say the school management always
application but some of my colleagues have has a listening ear to complaints from
had to jump hurdles and scale mountains the student body and any possible
to get into the school. I have also been situation for an altercation between the
accorded the honor (democratically) to staff and client has been swiftly cured.
serve as the representative to the
disciplinary committee and therefore have The rapidity and dedication at which
an informed purview of things from the services are accorded to the student is
administrative and student angle. flat down impressive. The school is
always ready to help the student have
As a student I must admit that the services the best achievable service and
accorded to me have been top notch experience. From the lecturers, ICT
professional. Being a stickler for standards team, the Students Administrator, the
and attention to detail, I have noted that drivers and every other member of staff
the management has been meticulous in its that is dedicated to serve the student at
planning and implementation of services to their call and beckon is just humbling.
its client.

A Client-Oriented KSL under the Pupillage programme
James Nyahu
A fortnight before the unfortunate and Everything from dress code, oral skills, The logic behind this approach is that it
indefinite closure of the school due to the interviewing of witnesses, the art of would be a lot easier for students to grasp,
COVID-19 pandemic, on a warm Thursday advocacy, legal drafting, all start to make relate to, and retain theoretical concepts of
afternoon, during our usual Professional practical sense as the trainee is immersed in law since they would have already had the
Ethics lecture with Mr. Oriri, the ever jovial the world of advocacy. privilege of seeing them applied practically
lecturer, posed a question that split the class in the field.
right down the middle. “Is law a profession While all this may be exciting for the pupils,
or a business?” as they are one step shy of being admitted to This may be a seemingly radical approach,
the bar, many face one major hurdle at this but considering the enormous failure rate
This sparked a debate that lasted well over juncture. Pupil masters are allowed to take we have experienced in the past, it may be a
30 minutes of our two-hour lecture. There up to two pupils under their wing, there is necessary measure in ensuring that the
were all kinds of variations in the responses no provision whatsoever by KSL or the students are sufficiently equipped to sit the
given. Some participants would suggest that Council of Legal Education (CLE) that bar exam
it was one or the other, some would argue provides for a remuneration mechanism for
that it was both, and others would the pupil; the pupillage programme is paid James Nyahu is a current student at the
completely disregard the options presented for together with the school fees, with a Kenya School of Law.
in the question and create their own. total of Ksh. 145,000 being paid for the
Advocates Training Program (ATP) and a
I fall in the third category. I am of the further Ksh. 45,000 to the CLE in order to
school of thought that Law is a Calling, and sit the bar exam.
I am fairly confident that most members of
the profession would attest to this stance. I For purposes of safeguarding the interests
am convinced that most members were of KSL clients, who in this case are the
driven to this noble profession by a deep students, I propose the formulation of
and personal inclination towards truth, directives by KSL as we as CLE for the
justice, and fairness. Whether you want to remuneration of pupils, who contribute
consider law a business, a profession, or substantially to the smooth and efficient
both, is of little concern to me, provided the operation of their individual centers and
integrity of the profession is upheld. firms, and who may be dependent on such
Integrity upheld because it guarantees that remunerations for their day-to-day
there will always be a framework upon activities, including the payment of rent
which a society based on mutual respect for arrears.
individual rights can be built. Further, the time has come for KSL to
Students at the Kenya School of Law are reconsider the chronological order of the
always excited to end their 10-month ATP. As mentioned above, pupillage is
coursework so that they can embark on where students get to practically engage
their six months of pupilage, which, for with and see the law in motion. Pupillage is
some, is the closest they will have ever where the hands-on, applied training to
gotten to legal practice up to that point in becoming an advocate takes place, and it is
time. This excitement is due to the fact that where knowledge and skill are truly
most students believe pupilage is where the ingrained in the individual. On that note, I
actual training to becoming an Advocate of would propose to commencement of the
the High Court is found. ATP with the six months of pupillage,
which would then be followed by the 10-
This belief is not totally unfounded because
month course work stretch before finally
students soon start to put into practice
sitting the bar exam. a necessary measure in
everything that their lecturers tried to
ensuring that the students are sufficiently
impart during course work.
equipped to sit the bar exam.

Strategising the Strategy: The Role of Students in Client Oriented
Provision of Legal Education
Nthatu Ntoogo
“For even the Son of Man did not come to Higher education institutions must The Kenya School of Law is particularly
be served, but to serve… “. For Kenya upgrade their approaches to business concerned about offering quality legal
School of Law, this is the spirit: One of management to keep up with the demands education in Kenya, region and beyond
service to all its stakeholders. Students are of the contemporary studentship who while undertaking contemporary steps to
no exception. The Kenya School of Law has essentially are clients. In every national meet demands by students and, balancing
been faithful with a few things that have economic set up, provision of education is interests between all the stakeholders in the
been bestowed upon it; and under its a service that forms one of the greatest legal education sector. This is in line with
charge shall be put many more things. contributions in economic development. the School’s Vision, which is “To be a
The Kenya School of Law is no exception. preferred centre of excellence in
The Kenya School of Law admits to study a professional legal training, research and
post graduate diploma in law students who As Clients, it is expected that students are consultancy in the East African region and
have taken undergraduate studies in law the driving force in demanding changes on beyond”.
from various universities in Kenya and how their education needs are served.
around the world. This brings together Whereas it may be argued that Kenya It is important to note that Client
legal minds, scholars, researchers, policy School of Law has a monopoly of provision orientation entails putting in place
makers, corporate thinkers, legislators and of post-graduate legal education in Kenya, necessary infrastructural and technological
other stakeholders for a unique shared transformation of ‘student into a client’ designs aimed at ensuring greater access
experience. . redefines the importance of treating capacity of services by students. To this end,
students as such with a view to reshaping the Kenya School of Law has commenced
Notably, these students share great the global marketplace standards of construction of a complex library center,
experience on client service from their competitive provision of legal education. reinventing a more efficient techno-
previous destinations of study from all over intensive teaching aids as well as
the world. This inevitably places a The Kenya School of Law has adopted a introducing new teaching groups to
responsibility on the Kenya School of Law student as a client approach in managing accommodate all the persons who may wish
to offer the most appropriate client affairs of students in line with the integrity to study at their convenience. This is client
attention and satisfaction in the hope of and historic prestige of the institution. To commitment driving the undertaking of
serving effectively the complex mix of shield itself from the shortcomings of the new measures to offer knowledge
student clientele. It also informs the toxic business mind and the inclination to acquisition through teaching.
commitment by Kenya School of Law to succumb to the lure of a typically
live to the universal standards of student competitive marketplace, Kenya School of As stated earlier, the demand by students of
service provision by reassessing the Law has developed a perspective of high quality delivery of services in a student
strategic approach and philosophical shift strategic planning, discussions about client oriented environment remains
to focus on students as a clients. academic vision and clarification of imperative, a task Kenya School of Law has
institutional mission. The aim is to chart undertaken in order to enable it stand out as
The rationale for this paradigm shift is that unique, institution-specific plans for a premier institution for provision of legal
Kenya School of Law values satisfaction of attaining goals and objectives. This has services. With this, Kenya School of Law is
students as their main clients in line with enables it remain true to its creed. poised for a great future. .
the KSL core value of bring client -
oriented. Further, students admitted at The Kenya School of Law is also cognizant This is the commitment by the Kenya
Kenya School of Law expect and demand that students not only consider themselves School of Law should always pursue, not
the same high standards they may have as active learners and key participants in only for students but all other stakeholders,
been accustomed in their previous attaining their education but also the most for whom it is established. If it keeps to this,
institutions of study. Lastly, Kenya School fundamental consumers of legal education . it Kenya of Law shall be here to always
of Law is kept as at universally competitive For this reason, Kenya School of Law is inspire lots generations of students in
edge as an institution of choice and prestige keen on innovating student oriented future.
in offering training for practical legal provision of services that matches the
Nthatu Ntoogo is a current student at the
solutions to problems. expectations, and standards of service
Kenya School of Law.
delivery of those students.

Language is Key
Kimani Patrick Ndung’u
I have often watched news and even read While interacting with clients, One of the goals in litigation is to
in both mainstream and social media advocates must be strategic through the ensure justice is served. However, every
regarding rogue pastors and priests. In use of a language that does not advocate aims at securing judgment in
recent times, social media has been awash intimidate clients. Another strategy the favor of their clients. The best
with circulation of undesirable videos and could be the art of empathizing. language in litigation can be a weapon
comments associated with one pastor in Sometimes education can transform a of convincing the court. The use of a
the city. The social media users shifted legal student into a life approach of ‘the powerful language in presentation of
their dismay from the pastor to the law says’ to the extent of forgetting that facts, laws and evidence in both oral
followers of his church. Majority of social human beings are complex. They carry and written submissions can help an
media users wondered how the worshipers with them feelings and emotions. Much advocate secure a favorable judgment.
continued to attend church services in this as legal issues apply the law, facts and
particular church despite the negative precedents, it is prudent for a legal In the Alternative Dispute Resolution
reporting and the alleged unbecoming student to apply a language that (ADR) procedures, the language of the
conduct associated with the pastor. addresses the emotions of the client. parties is key in neutralizing any
challenge that may exist. Judicial
There could be many reasons why they still Further, as a common knowledge, systems encourage parties to make use
follow what otherwise most could refer to language is key in communication. of ADR mechanisms in resolving
as rogue pastor. But responding to a Infective language can either cause disputes. A student trained in ADR may
question from a journalist one of them communication barriers or create add value to their training if they learn
said ‘the pastor speaks to my heart’. This disinterest to the listeners. Many the art of a language that can aid parties
implies that no matter what people say, he educated people are unable to simplify to resolve disputes without necessarily
knows the language that captures the their language to the level of their going to court. Finally, a prudent legal
worshipers. If this reasoning can be listeners. A client based language language is useful in resolving ethical
applied to any other member of that behooves the legal student to learn the dilemmas. An advocate is duty bound
church, then it explains why people strategy of ‘bowing’ to the level of the to uphold ethical considerations to their
continue to flock into a church that client so that they can ‘ascend’ together. clients, court, and advocates. Proper
majority would feel is led by a rogue communication can resolve issues
pastor. Legal training has an objective of where there is an ethical dilemma.
bringing the clients into terms with the
I opine that language is key in reality of their issues and the existing In conclusion, the Kenya School of Law
communicating. Adopting a language that laws. The language applied can make or as an institution tasked with preparing
addresses the issues of the client can breed break the client. students to be admitted to the bar has a
loyalty. Attending client’s needs is both a duty of orienting students in legal
business and a social activity. A law A consideration of language requires writing that facilitates their future in
student must not only learn the legal the content to be ‘broken’ into pieces the profession. This can be learnt in the
education but also the wisdom of that the client can easily digest. Such daily operations of lectures, firm work,
discerning the client’s deep seated fears, language will allow the clients to presentations, projects and extra
worries, concerns and expectations. gradually come into terms especially curriculum activities..In everything that
Students must learn the art of using a when the case does not favour them. we learn at the school, we must
language that addresses such concerns. Legal practice entails a lot of endeavor to speak to ‘the hearts of the
negotiation. A client oriented school of clients’.
Part of the strategy would be to use what law must be geared towards training
legal writers refer to as ‘Plain English’. A law students to learn the art of a Kimani Patrick is a current student at
language that is simple and clear to the language that can yield the best results the Kenya School Of Law.
person addressed. It allows the in negotiations. Such language will be
communicator to connect with the party beneficial to the student when
being addressed. The purpose of Plain negotiating with the client or when
English in communication is to convey the negotiating for the client.
intended message with ease and efficiency.

Experiences of the Visually impaired at the Kenya School of Law
Peter Raymond
The Kenya School of Law is an institution Construction of ramps- this facilitates One such channel is through word of mouth
which serves as a place for incubation of smooth movement for those with mobile by a specified member of staff.
those desirous of becoming Advocates. It is disabilities. A considerable proportion of
an institution that is open to all subject to the entry points to offices and tutorial Some of the tutorial rooms are located very
meeting the minimum statutory rooms have these adjustments to ensure far from the school entrance. Further, there
qualifications set out in paragraph 5 of 1st unhampered access to the physically are trenches and other obstacles on the way
Schedule, rule 4 of Legal Education (Kenya disabled. which make it very difficult for these people
School of Law) Regulations, 2009, made to access these facilities. Some paths are also
under Section 14 of the Council of Legal Location of tutorial rooms and offices- not well paved hence posing a danger of
Education Act (Cap 16A), and paragraph these facilities have been well situated straining their limbs while trying to access
(a) of 2nd Schedule of Section 16 the Kenya nearest to the public road to ensure that the far-flung tutorial rooms and facilities.
School of Law Act, 2011. those with mobile disabilities do not There are no systems put in place to convey
move for long distances to access critical these people to facilities located upstairs.
In its attempt to adhere to the provisions of services.
the Constitution on equality and non- In regard to study materials and lectures,
discrimination, and Persons with Paved roads- the school has tried to some tutors are so fast that the visually
Disabilities Act, 2003 on Education, the tarmac and/or pave all access roads and impaired are left behind. The lecturers
institution admits persons with disabilities paths to the critical facilities. This is also should hence be made aware and trained on
as long as they meet the educational meant to ensure unhindered mobility of how to tailor their classes so that the people
statutory qualifications set out above. In the physically impaired to different with these special needs are not left behind.
recent times, the School has been admitting locations in the school. Study materials should be availed to them
persons with different disabilities such as before lectures so that they can follow
visual, mobile, among others. Set out electronic facilities- in the library, easily. Also these materials should be
the school has dedicated certain tailored to the needs of the visually disabled.
This is in line with Article 27 (4) and (5) of computers for the physically impaired.
the Constitution which provides as a These computers are located at the The examinations are the most important
breach of the right to equality and non- ground floor of the library building factor in the life of any student at the Kenya
discrimination, acts of discrimination ensuring that they are conveniently School of Law. There should be a
based on among others, disability. Further, accessible to those with the consultation between the institution and the
Section 18 (1) and (2) of the Persons with aforementioned disabilities. Council of Legal Education to ensure that
Disabilities Act, 2003, provides that no the needs of the visually impaired have their
learning institution shall deny admission Taking into account the financial expense special needs dealt with. They should be
into its training to a person on the basis of the school has had to incur so far, it given exams in channels which they can
disability. On the same breath, it goes on to should be congratulated for the efforts. manage. The exams could be administered
state that such institutions should take into However, there is still room for orally or through other materials which
account the special needs of those persons improvement in the areas I will set out ensure that they are not disadvantaged.
in regard to entry requirements, pass below: They should also be given enough time
marks, curriculum, examinations, auxiliary specific to their special needs.
services, use of school facilities, class For the visually impaired, they have had
schedules, physical education requirements a hard time at the school. In access to The steps so far taken by the school are in
among other considerations. critical information, they have to rely on the right direction. I have faith that the
friends and classmates to know of concerns raised in this paper are going to be
In its adherence with the aforesaid important dates and events in the school addressed within the shortest time possible.
provisions, the Kenya School of Law has calendar. This is because communications I appreciate that some corrective measures
step by step been adjusting its facilities to concerning these events and dates are may take considerable time and cost to
cater for the special needs of the disabled. mostly posted in the notice boards hence meet. However slow the process may be,
The following is a description of the steps inaccessible to them. The school should everyone should feel welcome to study at
taken by the school in catering for the relay all important information relating the Kenya school of law.
rights of the disabled: to upcoming events through channels Peter Raymond is a current student at the
which they can access. Kenya School of Law.

Issues of Interest
E-learning: The new normal through Covid-19 and beyond

Stephen Okello
Across the globe, the spread of It is therefore important for The challenge of accessibility will also need to
novel coronavirus COVID-19 has led educational institutions to adopt e- be addressed. Students and instructors need
toprofound changes in social learning not just as an emergency access to a working Internet connection and
interaction and organization, and the response to control the spread electronic devices such as a laptop, a tablet or
education sector has not been immune. COVID-19 but as a way of dealing with mobile phones.
The enyan government ordered the future disruptions.
temporary closure of schools and While some universities have partnered
institutions of higher learning after with telecommunication service providers
confirming the 3rd case of COVID-19. to provide mobile data at subsidized rates
In response to this, educational to their students more may need to be done
institutions transitioned to e-learning, to help learners and instructors access
mostly as a stop gap measure. Many electronic devices at affordable prices. It is
others are still struggling with ways also important to ensure that the
to engage students online. technology adopted for eLearning
allows auditory and visual aspects to be
While it is difficult to predict what accessible to all learners especially those with
the educational landscape will look like physical, hearing or visual disabilities.
post COVID-19, it is clear that the
Barriers to e-learning needs to identified
disruption brought is irreversible. E- This crisis is an opportunity for
and dealt with. One of the key barriers
learning is the only option educational education institutions to look into the
likely to be experienced is technical
institutions have to ensure learning is future, adjust to possible threats, and
difficulties. When students experience
not interrupted in these times. It build their capacity. If e-learning
technical difficulties they will end up
however raises some interesting technology can play a role here, it is
engaging less while instructors facing
questions: incumbent upon us to explore its full
difficulties will affect the delivery of
1.Will this use of e- learning lead institutions content. It is therefore important that potential.
which have not made use it in the past see its both the instructors and students are well
trained to use the selected platform and Stephen Okello is an ICT Assistant at the
value and make it a permanent feature of
Kenya School of Law and a Certified
their portfolio? that technical support is available to
Information Systems Auditor.
2.Will the sudden growth of e-learning solve user problems and also
change student and teacher attitudes to this ensure minimum downtime.
mode of learning and perhaps make it their
favorable mode of learning? With e-learning students will have to take
more responsibility for their learning.
COVID- 19 poses a serious challenge to all
This can be challenge particular to
and while we don’t know how long it will
those used to passive learning in school.
take before the virus is contained (through a
Ways of keeping this category of students
vaccine or a cure), it is certain that it will
motivated, organized and disciplined need
continue to spread and cause disruption and
to be developed to ensure the gain
that similar disruptions may occur in future.
maximum benefit to from eLearning.

Client Demands and the Growth of The Law in Off-Plan
Purchases.
Leah Kiguatha
Almost twenty years ago, in my first year

of practice, before I engaged in to
conveyancing practice, I attended a
continuous professional development
(CPD) lecture on conveyancing in which a
senior and highly respected lawyer
discouraged lawyers from advising clients
to purchase properties off plan. “Why
would you advise someone to purchase
something they cannot see?” he quipped.
Within a few months, I learnt that lawyers

who discouraged clients from buying
something they could not, would fast lose
those clients. I also formed the view that
although my senior was right to be
concerned due to the lack of a legal
framework for off-plan purchases, he i.The designing of sale agreements of units creating order and uniformity
needed to get with the times and the governing the responsibilities of each that is tied to the very title of each unit.
program whereby when a block of flats was party to the transaction at the different Even banks and financial institutions
coming up, the developer looking to stages in construction; came to rely on these legal innovations
mobilize construction funds would collect supplementing existing laws to secure
deposits from interested purchasers and ii.The development of long-term leases to their financing of these projects both at
the sales would be secured by way of sale confer ownership of specific units to their the construction stage and downstream
agreements which locked in the price and purchasers to run together with the with the purchase of specific units.
bound the developer to construct, ownership of shared areas such as
complete and transfer units to purchasers. corridors, paths, gardens and parking To date, off plan purchases differ from
spaces in common with the owners of regular purchases of land. In regular
In the property boom of the early 2000s, other units in the development and land purchase transactions, the buyer’s
purchasers who got in early would pay lawyer registers the transfer, while in
significantly lower purchase prices than iii.Incorporation of management off-plan purchases, for expediency, the
anyone who waited to purchase months companies to hold the land and the transfer is registered by the Vendor
later when the unit was complete. If one reversionary interest in the individual developer’s lawyer, since the leases for
lawyer discouraged a client from leases and in which the owners of all the units must be registered against
purchasing and but another lawyer was individual units became members one head title and it would be a
willing to guide others through the logistical nightmare to have as many
purchase, the first client would be very In addition to construction of flats and lawyers as purchasers dealing with one
unhappy if a few months later, they would apartments, these developments file in the lands office. One effect of this
need to spend much more than their friend allowed the construction sale and has been to create an accepted market
for a similar unit, when they had had an purchase of townhouses on small dynamic where buyers not only pay
opportunity to lock in a lower price at the parcels of land without the need of their own lawyers but also the seller’s
beginning of the development. going into a long and complex sub- lawyer, a position that is locked into the
division process with its attendant sale agreement from the beginning.
fragmentation of land. The crafting of
Considering the lack of a specific legal the title as a lease also allowed a much These innovations led to legal reform
framework to govern these off – plan favored “controlled development” that endorsed the market practices. In
purchases, lawyers devised creative means approach with common covenants and addition to developments in planning
of securing parties’ interests using the obligations in the use and management laws:
existing law of contract, the land laws and
the Companies Act. This was done by:

i.Section 7 of the The Land Act 2012 and used the purchase funds for other Other than the National Social Security
provides that title to land may be pursuits. Lawyers for developers have also Fund (NSSF) which undertakes its
acquired through long term leases been structuring agreements where the developments under this Act, no other
exceeding 21 years created out of private balance of purchase price is due way developer to my knowledge has developed
land. before the developer is in a position to property under this regime. An
register the Lease –meaning the purchaser unfortunate development for purchasers is
ii.The Land Registration regulations pays huge sums with no proof of that proposed amendments to the Act as
provide for the form of a long-term lease ownership. The practices have thrived in captured under the Sectional Properties
and for the issuance of a Certificate of an environment where the market allows Bill 2019 seek to remove the provisions of
Lease. developers to structure sales in a take it or the Act that protect the purchaser’s funds.
leave it manner with standard agreements
iii.The Law Society of Kenya Conditions where substantial changes by the Off plan purchases therefore present an
of Sale and Agreement for Sale 2015 purchaser are not entertained. The role of interesting cycle with the client at the
contain a catalogue of conditions that the lawyer for the purchaser is limited to center, depending on who the client is.
reflect market practices in off plan advising the purchaser on the risks and The purchaser who sees this as their only
purchases including requirements around leaving to them the decision as to whether option for homeownership or real estate
membership to a management company to go ahead or leave it altogether. investment, the developer with the power
in condition 4.4, requirements on long to influence market trends and even law
term leases in condition 4.5, provisions The one attempt by the Law to mitigate reform and a property market that
for purchases in the course of predatory practices in off plan purchases continues to defy global economic trends
construction in condition 6 and extensive is found in the Sectional Properties Act of and norms.
requirements on sectional properties in 1987. The Act’s objective is to provide for
condition 24 which include the the division of buildings into units to be Leah Kiguatha is an Advocate of the High
requirement that the purchaser pay her owned by individual proprietors and Court of Kenya and an Adjunct Lecturer
lawyer, the vendor’s lawyer and the common property to be owned by at the Kenya School of Law.
bank’s lawyer. proprietors of the units as tenants in
common and to provide for the use and
However, the law has failed to address the management of the units and common
predatory market driven practices that property and for connected purposes. It
have developed with time. At the requires as a first step that the developer
beginning, the procedure for off-plan register a Sectional Plan which brings the
purchases was straight forward. The land being developed into the ambit of the
Purchaser would pay 10% of the purchase Act. It provides for the holding of
price as a deposit and in the sale purchase funds in an interest earning
agreement authorize the developer to account and release of the said in stages to
utilize it in construction of the unit. The the developer depending on how far the
balance would be paid at the end of the development has gone.
transaction when the house and the
common areas were ready for occupation The developer is entitled to release of 50%
and the Lease could be registered in of the purchase price only if the unit
favour of the purchaser. Currently, sale under purchase is complete and to release
agreements are structured with staged or of the entire purchase price only if both
instalment payments which fall due faster the unit and the common areas are
than the pace of the construction. Some complete. As one would expect, the Act is
purchasers have been made to pay entire not very popular with developers who
purchase prices while the developer has would rather have access to the
only dug a hole in the ground in return purchaser’s funds for construction.

Embracing a Culture of Environmental Compliance
Auditing
Dr. Omondi R. Owino
Environmental abuses in Kenya Widespread closures of factories and several What is an Environmental Compliance Audit?
‘triple satanic depravity’. Nothing arrests are usually witnessed hot on the
brings this assertion to the fore more heels of a media exposé but soon thereafter An environmental compliance audit is a
than the recent Nation Newspaper’s things revert to a business as usual mode. systematic and documented evaluation of a
investigative pieces on environmental For instance, in the aftermath of the company’s manufacturing processes and
abuses in the Lake Victoria aptly ‘Toxic Flow’ documentary, NEMA environmental impacts undertaken
intituled ‘Lake of Poison’. The conducted a crackdown on industries in periodically. The audit is undertaken to
diabolical nature of environmental abuses Nairobi that saw the temporary closure ascertain whether processes of a business are
in Kenya rings true when one thinks of about 25 factories and arrests of in conformity with the entire gamut of -
back to the Owino Uhuru slum lead directors to those facilities. environmental laws, regulations and
poisoning case which has led to the loss standards within a specific jurisdiction.
of several lives and continues to threaten Pollution termed an ‘externality’ in
the existence of an entire village. economic parlance is lucrative for An audit may assess exposure to risks
Memories of Solai dam disaster businesses. This is because addressing and conformity of a facility under audit to
which left 48 people dead in its wake such externalities is a costly affair which an approved environment management plan
and a trail of destruction of a facility can conveniently though or even test the effectiveness of an extant
apocalyptic proportions in May 2018 inappropriately pass through to environmental management system. In
remain fresh. The insidious threat to life hapless and clueless victims in the absence undertaking an environmental
and limb on dining tables in Kenyan of stringent government regulation. compliance audit therefore, an inquiry is
homes came to the fore when NTV in Strict enforcement is necessary to jolt made about a wide range of laws and
late 2019 ran an exposé titled the irresponsible facilities out of the stupor of standards on water; air; energy;
‘Toxic Flow’ on pollution of Nairobi indifference and complacency about the hazardous wastes; occupational safety;
River. The documentary detailed how impacts of their externalities on land and planning; and generally, on the
toxins pumped into Nairobi River by human lives and the environment. sustainable use of natural resources.
industries find their way into food and
water consumed by Kenyans. There are factories that flagrantly Legal Basis for an Environmental
flout environmental compliance Compliance Audit in Kenya
Similarly, in August 2019 Citizen TV regulations with wanton abandon.
carried a feature it captioned the However, a significant number of In Kenya, the overarching framework
‘Choking City’ which laid bare the market players are merely ignorant of the law, Environment Management and
astronomical levels of air pollution and requirement in Kenyan law for them to Coordination Act (EMCA) 1999 as
other environmental abuses majorly undertake an annual self- amended, requires the auditing of all
affecting informal settlements around environmental compliance audit to activities that could have significant
Nairobi. Visible and invisible preempt adverse environmental impacts effects on the environment. NEMA
environmental threats grow by the hour from their business activities and thereby inspectors are authorized in this regard to
in Kenya. The proliferation of safeguard human health. The need for ver ifycompliance.
environmental ills is not aided by industries in Kenya to conduct
the lackadaisical enforcement stance environmental compliance audits and The revised Environmental Regulations, 2009
taken by the National Environment checks can therefore hardly be overstated. require existing facilities to undertake an
and Management Authority (NEMA) Ingraining a culture of environmental initial environmental audit of their operations
and the absence of a sustained action compliance audits in Kenya will enable to establish a baseline upon which NEMA can
to check evolving environmental companies and NEMA to detect and undertake a subsequent control audit.
challenges.Action by NEMA has been remedy environmental law violations
more reactionary than it is proactive. in good time.
After an initial audit, a facility is required The audit process culminates into a 6.Reduces reputational risks associated
to undertake comprehensive annual self- detailed audit report which receives input with non-compliance and improves the
environmental audits that verify from management before a final report is image of a facility in the eyes of its
compliance with ‘all relevant compiled and submitted. stakeholders;
environmental law and regulatory 7.Engenders compliance with relevant
frameworks on health and safety, Benefits of Environmental Compliance environmental law and regulatory
sustainable use of natural resources and Audits frameworks and standards in Kenya
on acceptable national and international including ISO 14001;
standards’. The resulting audit reports Environmental compliance audits when 8.Helps a facility to manage and reduce its
should then be submitted to NEMA on an properly conducted by competent entities, overall ecological footprint over time;
annual basis. result in multiple benefits for 9.Enables a facility to improve its general
commissioning facilities. The audit: environmental performance and
Process of Undertaking an Environmental 1.Makes it possible for a facility to identify efficiency;
Compliance Audit and quantify its environmental impacts 10.Minimizes the risk of hefty financial
across several parameters; penalties or risk of jail terms for non-
A facility that contravenes the Impact 2.Provides a tool for informed decision compliance.
Assessment and Audit regulations, making in mitigating identified and
exposes its directors upon conviction, to quantified environmental impacts; Embracing a culture of environmental
the risk of imprisonment for a minimum 3. Highlights compliance risks and compliance auditing in Kenya will usher
term of one year or a maximum term of 4 vulnerabilities for each commissioning in a cataclysmic paradigm shift in the way
years as a court may decide or to a facility; most industries and corporations operate
minimum fine of 2 million shillings or to 4.Tests the efficiency or otherwise of today. A sustained culture of
a maximum fine of 4 million shillings, or adopted Environment Management environmental accountability and
to both such fine and imprisonment. Systems (EMS); sustainability will bolster efforts for the
5.Develops an environmental legal risk realization of a clean and healthy
An environmental compliance audit register that makes it easier to map out environment.
process is ordinarily organized along four and preempt crystallization of compliance
broad stages that start with an inception risks; Dr. Omondi Owino is an Advocate of the
meeting; compilation of audit evidence; High Court of Kenya and an Adjunct
development of audit findings and an exit Lecturer at the Kenya School of Law.
meeting.
Specific audit tasks for an entity in

question are defined at the very outset of
the audit.
The audit then proceeds through: site

inspections to observe and understand the
nature of operations within a facility; the
use of various checklists to evaluate and
report on diverse environmental
compliance components; documentary
inspection which includes assessing the
validity of requisite permits, licenses, and
internal policy documents; evaluation of
internal monitoring and measurement
procedures of various parameters; and
assessing management issues that relate to
the environment.

Just for 'Lawghter'
"You seem to be in some distress," said the kindly judge to the witness. "Is anything the
matter?"
"Well, your Honour," said the witness, "I swore to tell the truth, the whole truth and
nothing but the truth, but every time I try, some lawyer objects."
"You seem to have more than the average share of intelligence for a man of your
background," sneered the lawyer at a witness on the stand.
"If I weren't under oath, I'd return the compliment," replied the witness.
A housewife, an accountant and a lawyer were asked "How much is 2+2?"

The housewife replies: "Four!".
The accountant says: "I think it's either 3 or 4. Let me run those figures through my
spreadsheet one more time."
The lawyer pulls the drapes, dims the lights and asks in a hushed voice, "How much do you
want it to be?"
A guy walks into a post office one day to see a middle-aged, balding man standing at the counter methodically
placing ''Love'' stamps on bright pink envelopes with hearts all over them. He then takes out a perfume bottle
and starts spraying scent all over them. His curiosity gets the better of him and he goes up to the balding man
and asks him what he is doing.
"I'm sending out 1,000 Valentine cards signed, 'Guess who?'"
"But why?'' asks the man.
"I'm a divorce lawyer."
A lawyer defending a man accused of burglary tried this creative defense: "My client merely inserted his
arm into the window and removed a few trifling articles. His arm is not himself, and I fail to see how you
can punish the whole individual for an offense committed by his limb."
"Well put," the judge replied. "Using your logic, I sentence the defendant's arm to one year's imprisonment.
He can accompany it or not, as he chooses."
The defendant smiled. With his lawyer's assistance he detached his artificial limb, laid it on the bench, and
walked out.

KSL Event Highlights
Lecturers' get together. Staff monthly birthday celebration. Staff Team building at the beach.
The Director shares a light moment.
Hon. Speaker of the National Assembly,Hon. J.B. Muturi, EGH makes the key-note speech at the 4th Graduation ceremony
Intra-class moot court competition.
Final round of the 2019 intraclass moot court competition Academic procession of the 4th Graduation ceremony

What You Should Know About COVID-19 to
Protect Yourself and Others
Know about COVID-19 Practice social distancing
• Coronavirus (COVID-19) is an illness caused • Buy groceries and medicine,
by a virus that can spread from person go to the doctor, and
to person. complete banking activities
• The virus that causes COVID-19 is a new online when possible.
coronavirus that has spread throughout • If you must go in person,
the world. stay at least 6 feet away from
• COVID-19 symptoms can range from mild others and disinfect items you
(or no symptoms) to severe illness. must touch.
• Get deliveries and takeout,
and limit in-person contact as
much as possible.
Know how COVID-19 is spread Prevent the spread of

• You can become infected by coming into COVID-19 if you are sick
close contact (about 6 feet or two
arm lengths) with a person who has • Stay home if you are sick,
COVID-19. COVID-19 is primarily spread except to get medical care.
from person to person. • Avoid public transportation,
• You can become infected from respiratory ride-sharing, or taxis.
droplets when an infected person coughs, • Separate yourself from other
sneezes, or talks. people and pets in your home.
• You may also be able to get it by touching a • There is no specific treatment
surface or object that has the virus on it, and for COVID-19, but you can seek
then by touching your mouth, nose, or eyes. medical care to help relieve
your symptoms.
Protect yourself and others from COVID-19 • If you need medical attention,
call ahead.
• There is currently no vaccine to protect
against COVID-19. The best way to protect
yourself is to avoid being exposed to the
virus that causes COVID-19.
• Stay home as much as possible and avoid Know your risk for severe
close contact with others. illness
• Wear a cloth face covering that covers your
nose and mouth in public settings. • Everyone is at risk of
getting COVID-19.
• Clean and disinfect frequently
touched surfaces. • Older adults and people of
any age who have serious
• Wash your hands often with soap and water underlying medical conditions
for at least 20 seconds, or use an alcohol- may be at higher risk for more
based hand sanitizer that contains at least severe illness.
60% alcohol.
If you feel unwell, have a cold or a cough or fever, please call 719 or text *719# which is a toll-free number provided by the Government of Kenya.

KSL BOARD
Prof. Fatuma N. Chege Dr. Henry Kibet Mutai

Chairperson Secretary
Representing Curriculum Experts Director/Chief Executive Officer - KSL
Mrs. Rael Rottich Jeptanui CS. Jacqueline A.O. Manani Mrs. Emily Chweya
Member Member
Representing the PS National Member
Representing Law Society of Kenya Representing Office of the Attorney
Treasury General and Department of Justice
Hon. Lady Justice Pauline Prof. Michael Nyongesa Ms. Catherine Ochanda
Nyamweya Wabwile, Ph.D. Member
Member Member Representing office of the Attorney-
Representing Chief Justice, Republic Representing University Law General
of Kenya Lecturers in Kenya

Kenya School of Law,
Karen – Langata South Road ,
P.O Box 30369 – 00100,
Nairobi.
Telephone: 0202699581 /2/3/4
Email : [email protected]
Website : www.ksl.ac.ke

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JUSTICE

KSL IS ISO 9001:2015 Certified

Students Corner Issues of Interest

• E-learning: The new normal through

Photo Gallery Just for 'lawghter'

Justice Newsletter Volume 3 Issue 1 | 2020 | 1

Word from the Director/Chief Executive

Justice Newsletter Volume 3 Issue 1 | 2020 | 2

On the 7th of February 2020, the Council

There was a marked improvement in the

Legal Practice Management improved

The 2019 Re-sit exam, which was done

In conclusion the false notion that there is

Justice Newsletter Volume 3 Issue 1 | 2020 | 3

The Kenya School of Law had a very

The colorful event was graced by none

Other guests present during the ceremony

The Kenya School of Law exists in a

The CSR Committee is guided by the CSR

In the recent past, some of the CSR activities

In April 2020, the School received a request from

The Director of the Kenya School of Law

Justice Newsletter Volume 3 Issue 1 | 2020 | 5

Justice Newsletter Volume 3 Issue 1 | 2020 | 6

Advocates Training Programme 2020/2021 departmental brief

Pupillage is an integral component of New Staff

Justice Newsletter Volume 3 Issue 1 | 2020 | 8

Justice Newsletter Volume 3 Issue 1 | 2020 | 9

Advocates Training Programme classes

1. The library remained open for

Since Library services are customer

Library services are key and central to

Justice Newsletter Volume 3 Issue 1 | 2020 | 10

The core functions of the Kenya School of

The School delivers these functions through

Regarding consultancies or projects, the

The research function of the School is

Isaac Kuloba is the Assistant Director CPD,Projects and Research at

Volume 3 Issue 1 | 2020 | 11

Specifically, the conference will interrogate

At independence, the legal sector in the

For example, in era of globalization there is

In East Africa, for instance, the historical

Justice Newsletter Volume 3 Issue 1 | 2020 | 12

Justice Newsletter Volume 3 Issue 1 | 2020 | 14

Justice Newsletter Volume 3 Issue 1 | 2020 | 16

The Procurement Plan is an annual An effective procurement plan provides a

Justice Newsletter Volume 3 Issue 1 | 2020 | 17

Justice Newsletter Volume 3 Issue 1 | 2020 | 18

From Left: Leonard Rono and Nicholas Ajwang.

Martin Kembero is an Assistant

Justice Newsletter Volume 3 Issue 1 | 2020 | 20

Fellow colleagues, I would like to remind The school always participates in

Justice Newsletter Volume 3 Issue 1 | 2020 | 21

“When leaders behave consistently with the

(Dave Ulrich, Organizational Capability:

Nothing exemplifies the critical

Justice Newsletter Volume 3 Issue 1 | 2020 | 22