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Guide to Becoming a Lawyer in Kenya

Table of Contents

  1. Introduction

  2. Educational Requirements 2.1. Undergraduate Degree 2.2. Kenya School of Law (KSL)

  3. The Kenya School of Law (KSL) 3.1. Admission Requirements 3.2. The Bar Course

  4. The Advocates Act 4.1. Admission to the Roll of Advocates 4.2. The Oath of Allegiance

  5. Conclusion

Introduction

This guide provides a comprehensive overview of the process of becoming a lawyer in Kenya, outlining the necessary educational qualifications, legal requirements, and procedures involved. It draws upon the relevant provisions of the Constitution of Kenya, 2010, the Advocates Act, Cap 16, Laws of Kenya, and other relevant legal frameworks.

Educational Requirements

To become a lawyer in Kenya, you must meet the following educational requirements:

2.1. Undergraduate Degree

  • A Bachelor of Laws (LLB) Degree: You must possess a Bachelor of Laws (LLB) degree from a recognized university in Kenya or an equivalent qualification from a recognized university outside Kenya. This degree must be accredited by the Council of Legal Education (CLE).

    • Source: The Advocates Act, Cap 16, Laws of Kenya, Section 2(1) states that "No person shall be admitted as an advocate unless he or she holds a degree in law from a university recognized by the Council of Legal Education."

  • Other Relevant Degrees: While an LLB is the primary requirement, individuals with other relevant degrees, such as a Bachelor of Arts in Law or a Bachelor of Commerce with a specialization in Law, may be eligible for admission to the Kenya School of Law (KSL) after fulfilling certain criteria.

    • Source: The Council of Legal Education (CLE) may, in its discretion, admit individuals with other relevant degrees to the KSL, subject to specific requirements.

2.2. Kenya School of Law (KSL)

  • Postgraduate Diploma in Law: After completing your LLB degree, you must enroll in and successfully complete the Postgraduate Diploma in Law (PDL) program at the Kenya School of Law (KSL). This program is designed to equip graduates with the necessary legal skills and knowledge required for practice.

    • Source: The Advocates Act, Cap 16, Laws of Kenya, Section 2(2) states that "No person shall be admitted as an advocate unless he or she has successfully completed the course of instruction prescribed by the Council of Legal Education."

3. The Kenya School of Law (KSL)

3.1. Admission Requirements

  • Academic Performance: You must have attained a minimum GPA or equivalent in your LLB degree, as determined by the KSL.

  • CLE Accreditation: Your LLB degree must be accredited by the Council of Legal Education (CLE).

  • Application and Selection: You must submit an application to the KSL and meet the selection criteria, which may include interviews and other assessments.

3.2. The Bar Course

  • Duration: The Bar Course at the KSL typically lasts for one year.

  • Curriculum: The curriculum covers a wide range of legal subjects, including civil procedure, criminal procedure, constitutional law, land law, and advocacy skills.

  • Assessment: The Bar Course is assessed through examinations, coursework, and practical exercises.

  • Successful Completion: You must successfully complete the Bar Course and pass the final examinations to be eligible for admission to the Roll of Advocates.

4. The Advocates Act

4.1. Admission to the Roll of Advocates

  • Application: After completing the Bar Course, you must apply to the Law Society of Kenya (LSK) for admission to the Roll of Advocates.

  • Requirements: You must submit the following documents:

    • A certified copy of your LLB degree certificate.

    • A certified copy of your Postgraduate Diploma in Law certificate.

    • A certificate of good conduct from the police.

    • A certificate of completion of the Bar Course.

    • A completed application form.

  • Vetting and Approval: The LSK will vet your application and, if approved, will recommend you to the Chief Justice for admission to the Roll of Advocates.

  • Chief Justice's Approval: The Chief Justice has the final authority to admit you to the Roll of Advocates.

4.2. The Oath of Allegiance

  • Taking the Oath: Once admitted to the Roll of Advocates, you must take the Oath of Allegiance before the Chief Justice or a judge designated by the Chief Justice.

  • Content of the Oath: The Oath of Allegiance requires you to swear to uphold the Constitution of Kenya, the law, and the administration of justice.

Conclusion

Becoming a lawyer in Kenya is a rigorous process that requires a strong academic foundation, legal training, and adherence to the legal requirements outlined in the Advocates Act and other relevant legislation. By successfully completing the necessary educational requirements, passing the Bar Course, and fulfilling the admission criteria, you can embark on a rewarding career as a lawyer in Kenya.

Answered by mwakili.com