The Kenya School Of Law (Amendment) Bill, 2023 (2)

SPECIAL ISSUE

Kenya Gazette Supplement No.187(National Assembly Bills No.63)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,12thOctober,2023

CONTENT

Bill for Introduction into the National Assembly-

The Kenya School of Law(Amendment) Bill,2023

PAGE

1743

THEKENYASCHOOLOFLAW(AMENDMENT)

BILL,2023

ABill for

AN ACT of Parliament to amend theKenya School of Law

Act

ENACTED byParliament ofKenya asfollows-

• 1.This Actmay be cited as theKenya School of Law (Amendment) Act,2023.
• 2.The Kenya School of LawAct is amended in the Second Schedule by inserting the following newparagraph immediatelyafterparagraph1-
• (lA)Aperson whodoesnot meet the requirements under paragraph (l)above shall be eligible for admission to the Advocates Training Programme,if that person-
• (a) attained a minimum entry requirement for a diploma in law;
• (b) attained a diploma in law from a university, university college or other institution recognized in Kenya;and
• (c)subsequently passed the relevant examinations of any recognized university,university college or other institution prescribed by Council of Legal Education,holds or has become eligible for the conferment of the Bachelor of laws of that university.

Shorttitle

Amendmentofthe Second Schedule toNo.26of2012.

MEMORANDUM OFOBJECTSANDREASONS

The principle objective of this Bill is to amend the Kenya School of

LawAct,20i2 to allow studentswho do not attain qualification for direct admission for Bachelor of Laws (LLB),or who donotmeet theminimum entry requirement for admission into a university in Kenya,but have started from a diploma and subsequentlyprogressed to attain a Bachelor of Laws degree (LLB) to beadmitted into the Kenya School of Law for the AdvocatesTrainingProgramme(ATP).

Clause 1 of the Bill provides for the short title of the Bill.

Clause 2 of the Bill proposes to amend the Second Schedule to the Act to introduce a newparagraph to allow students who do not meet the minimum requirement for admission into a university in Kenya but have a attained a diploma in law and subsequently a Bachelor of Laws to be allowed for admission into theAdvocates TrainingProgramme (ATP).

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill does not delegate legislative powers neither does it limit anyfundamental rightsand fundamental freedoms.

Statement that the Bill does not concern County Governments

The Bill does not concern County Governments as set out in the Fourth Schedule to the Constitution and is therefore not a Bill concerning counties.Section 15 and 16 of Part 1of the Fourth Schedule to the Constitution provides that education policy,standards and universities, tertiary educational institutions and other institutions of research and higher learning are functionsof the National government.

Statement that the Bill is a money Bill within the meaning of Article

114 of the Constitution

The enactment of this Bill shall not occasion additional expenditure ofpublicfunds.

Dated the11th October,2023.

JANENJERIMAINA, Member ofParliament.

SecondSchedule toNo.16of2012which is proposed tobe amended-

SECONDSCHEDULE ADMISSIONREQUIREMENTS

The Admission requirements will be as follows-

• (a)Admission Requirements into the Advocates Training Programme
• (1)A person shall be admitted to theSchool if-
• (a) having passed the relevant examination of any recognized university in Kenya,or of any university,university college or other institution prescribed by the Council,holds or becomes eligible for the conferment of the Bachelor of Laws (LLB) degree
• of that university,university college or institution;or
• (b) having passed the relevant examinations of a university, university college or other institutions prescribed by the Council of Legal Education,holds or has become eligible for the conferment of the Bachelor of Laws Degree (LLB) in the grant of
• that university,university college or other institution-
• (i) attained a minimum entry requirement for admission to a university in Kenya;and
• (i)obtained a minimum grade B (plain) in English Language or Kiswahili and a mean grade of C(plus) in the Kenya
• (ii) has sat and passed the pre-Bar examination set by the school.
• Certificate of Secondary Education or its equivalent;and
• (2) Deleted by Act No.18 of 2014,Sch.
• (b) Admission Requirements in the Para-Legal Programme
• (1) Must have a mean grade of C(C plain) in the Kenya Certificateof Secondary Education(KCSE)(or equivalent examination) and a minimum grade C+ (C plus) in English.
• (2) At least one principal pass at the Kenya Advanced Certificate ofEducation (KACE) examinations.
• (3) A distinction or credit pass in the Certificate in Law course conducted at the Kenya School of Law(2000 -2003) or any other Certificate orDiploma in a relevant field.
• (c)Admission
• RequirementsforContinuingProfessional Development Programme(CPD)

• (1) Any person who has undertaken any legal training or any person who. possesses relevant professional qualifications may be admitted for ContinuingProfessional Development courses.

2. (2)Each module shall have specific admission criteria which will beset out in therelevant advertisementor brochure foreach course.