TheLegalEducation Amendment Bill 2022 PDF

NATIONAL COUNCIL FOR
LAW REPORTING
LIBRARY
SPECIAL ISSUE
Kenya Gazette Supplement No. 68 (National Assembly Bills No. 23)
REPUBLIC OF KENYA
KENYA GAZETTE SUPPLEMENT
NATIONAL ASSEMBLY BILLS, 2022
NAIROBI, 8th April, 2022
CONTENT
Bill for Introduction into the National Assembly—

PAGE
The. Legal Education (Amendment) Bill, 2022 727
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

727
THE LEGAL EDUCATION (AMENDMENT) BILL,
2022
A BILL for
AN ACT of Parliament to amend the Legal Education
Act, 2012; and for connected purposes
ENACTED by the Parliament of Kenya, as follows-
1. This Act may be cited as the Legal Education Short title.
(Amendment) Act, 2022.

2. Section 8 of the Legal Education Act, 2012, is Amendment of
section 8 of No.
amended— 27 of 2012.
(a) in subsection (2) by inserting the following new

paragraph immediately after paragraph (a)—
"(aa) accreditation of legal education providers for
the purpose of licensing of the Advocates
Training Programme;"
(b) in subsection (3) by inserting the word "all"
immediately after the words "enroll in" appearing
in paragraph (a).
728 The Legal Education (Amendment) Bill, 2022
MEMORANDUM OF OBJECTS AND REASONS

The object of the Bill is to amend the Legal Education Act, 2012, in
order to confer upon the Council of Legal Education the power to accredit
legal education providers for the purpose of licensing of the Advocates
Training Programme and to set standards for all legal education and
training programmes in Kenya.
Clause 1 of the Bill provides for the short title to the Bill.
Clause 2 of the Bill proposes to amend section 8 of the Legal Education
Act, 2012 to provide for accreditation of legal education providers for the
purpose of licensing of the Advocates Training Programme in order to
allow other institutions to offer the programme and require the Council of
Legal Education to prescribe, through Regulations, the admission
requirements for persons seeking to enroll in all legal education
programmes.
Statement on the delegation of legislative powers and limitation of
fundamental rights and freedoms
The Bill does not delegate legislative powers and does not limit any
rights and fundamental freedoms.
Statement on how the Bill concerns county governments
The Bill does not affect the functions of County governments as set
out in the Fourth Schedule to the Constitution and is therefore not a Bill
concerning counties. Sections 15 and 16 of Part 1 of 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 functions of the National Government.
Statement as to whether the Bill is a money Bill within the meaning of
Article 114 of the Constitution
The enactment of this Bill shall not occasion additional public
expenditure.
Dated the 28th March, 2022.
AMOS KIMUNYA,
Leader of Majority Party.
The Legal Education (Amendment) Bill, 2022 729
Section 8 of No. 27 of 2012 which it is proposed to amend-

8. Functions of the Council
(2) Without prejudice to the generality of subsection (1), the Council shall,
with respect to legal education providers, be responsible for setting and
enforcing standards relating to the—
(a) accreditation of legal education providers for the purposes of
licensing;
(b) curricula and mode of instruction;
(c) mode and quality of examinations;
(d) harmonization of legal education programmes; and
(e) monitoring and evaluation of legal education providers and
programmes.
(3) In carrying out its functions under subsection (2), the Council shall—
(a) make Regulations in respect of requirements for the admission of
persons seeking to enroll in legal education programmes;
(b) establish criteria for the recognition and equation of academic
qualifications in legal education;
(c) formulate a system for recognizing prior learning and experience
in law to facilitate progression in legal education from lower levels
of learning to higher levels;
(d) establish a system of equivalencies of legal educational
qualifications and credit transfers;
(e) advise and make recommendations to the Government and any
other relevant authority on matters relating to legal education and
training that require the consideration of the Government;
(f) collect, analyse and publish information relating to legal education
and training;
(g) advise the Government on the standardization, recognition and
equation of legal education qualifications awarded by foreign
institutions;
(h) carry out regular visits and inspections of legal education
providers; and
(i) perform and exercise any other functions conferred on it by this
Act.

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NATIONAL COUNCIL FOR

Kenya Gazette Supplement No. 68 (National Assembly Bills No. 23)

KENYA GAZETTE SUPPLEMENT

NATIONAL ASSEMBLY BILLS, 2022

NAIROBI, 8th April, 2022

Bill for Introduction into the National Assembly—

The. Legal Education (Amendment) Bill, 2022 727

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

(Amendment) Act, 2022.

(a) in subsection (2) by inserting the following new

MEMORANDUM OF OBJECTS AND REASONS

Section 8 of No. 27 of 2012 which it is proposed to amend-

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