The Legal Education Act establishes the Council of Legal Education in Kenya, with its headquarters in Nairobi. Functions of the Council of Legal Education in Kenya. The Act outlines the functions and operational framework of the Council, which is mandated to adhere to the government’s overall policy on legal education and training.
Key characteristics of the Council include:
- Independence from control by any external person or authority.
- Corporate status, granting it perpetual succession and a common seal.
- Legal capacity to sue and be sued.
- Authority to acquire, hold, charge, or dispose of both movable and immovable property.
- Ability to borrow or lend money.
- Competence to undertake any actions or perform any acts necessary for advancing the objectives of the Legal Education Act, within the scope of what is legally permissible for a corporate body.
The Council of Legal Education in Kenya is composed of the following members:
- A chairperson with at least fifteen years of experience in legal education and training, appointed by the President.
- The Principal Secretary of the Ministry responsible for legal education.
- The Principal Secretary of the Ministry responsible for finance.
- The Attorney-General.
- The Chief Justice.
- Two advocates nominated by the Law Society of Kenya’s council.
- One law lecturer from a public university, nominated by public universities.
- The Secretary to the Council of Legal Education, serving ex officio.
- One law lecturer from a private university, nominated by private universities.
Principal Secretaries, the Attorney-General, the Chief Justice, and the two advocates can participate in Council meetings directly or through their written appointees.
The Cabinet Secretary overseeing legal education is advised to consider gender equity when appointing Council members. Nominating bodies at public and private universities should propose individuals with expertise in legal education and training, finance, commerce, or public institution management.
The chairperson, university representatives, and the council’s secretary are appointed for three years, with eligibility for one additional term.
The position of a member of the Council of Legal Education in Kenya, excluding ex officio members, will be vacated under the following circumstances:
- The member resigns by submitting a written notice to the Cabinet Secretary responsible for legal education.
- The member fails to attend three consecutive Council meetings without obtaining permission from the chairperson.
- The member is found guilty by a court and sentenced to imprisonment for six months or more, without the option of a fine.
- The member is convicted of a crime involving fraud, dishonesty, or moral turpitude.
- The member is physically or mentally incapacitated, preventing them from performing their Council duties.
- The member becomes otherwise unable or unfit to continue in their role on the Council.
- The member passes away.
The Council of Legal Education in Kenya has the mandate to:
- Regulate legal education and training provided in Kenya.
- License entities that offer legal education.
- Supervise legal education providers.
- Offer advice to the Government on legal education and training matters.
- Recognize and approve overseas qualifications for admission to the Kenyan Roll of Advocates.
- Conduct professional examinations as stipulated in section 13 of the Advocates Act.
Specifically, regarding legal education providers, the Council’s responsibilities include:
- Accrediting legal education providers for licensing purposes.
- Setting standards for curricula and instructional methods.
- Overseeing examination quality and methods.
- Harmonizing legal education programs.
- Monitoring and evaluating legal education providers and their programs.
Furthermore, the Council’s standard-setting and enforcement activities encompass:
- Creating regulations for the admission to legal education programs.
- Setting criteria for recognizing and equating legal education qualifications.
- Developing a system to acknowledge prior legal education and experience, facilitating advancement in legal studies.
- Establishing a framework for equivalency and credit transfer in legal education.
- Advising the Government and other authorities on pertinent legal education and training issues.
- Gathering, analyzing, and publishing legal education and training data.
- Advising on the standardization, recognition, and equating of foreign legal education qualifications.
- Conducting regular inspections and evaluations of legal education providers.
- Fulfilling any additional duties ascribed by the Legal Education Act.
The Council of Legal Education in Kenya possesses extensive powers for carrying out its duties under the Legal Education Act, specifically:
- Managing, supervising, and administering its assets to further the objectives for which it was established.
- Overseeing and administering the Legal Education Fund.
- Accepting grants, gifts, donations, or endowments and making lawful disbursements from these funds.
- Forming associations with other entities, both within and outside Kenya, in alignment with the Council’s goals and objectives.
- Opening and managing bank accounts for the Council’s funds.
- Investing the Council’s surplus funds in a manner that supports its objectives.
Additionally, the Council has the authority to request any individual to provide information or returns related to legal education and training, as deemed necessary by the Council to fulfill its functions or exercise its powers under the Legal Education Act, within a specified timeframe.
