ADVOKS GLOBAL · KENYA
Kenyan legislation
The Council of Legal Education (Accreditation of Legal Education Institutions) Regulations
Edition: 2022-12-31 · Repealed
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Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Council of Legal Education (Accreditation of Legal Education Institutions) Regulations.2. Interpretation
In these Regulations unless the context otherwise requires—"accreditation" means the confirmation, evidenced by an evaluation of the institution under regulation 6, that an institution has met the training standards prescribed by the Council;“legal education" means any education or training programme offered by an institution whose object is to impart knowledge or skills in the area of law, or such other educational or institutional training that the Council may declare to be legal education or training;"legal education institution" means any institution or place of learning however established whose. object is to provide legal education or training;"Secretary" means the Secretary to the Council of Legal Education.3. Application and transition
(1)These Regulations shall apply to any institution that is authorized under the Act or any other written law to operate an educational institution in Kenya and intends to offer or at the commencement of these Regulations is offering legal education.(2)Any institution that is offering legal education or training shall, within six months after the commencement of these Regulations, apply to the Council for accreditation.(3)The Council may by a notice in the Gazette stop the legal education or training programme of a training institution that has not complied with this regulation.(4)Any person who contravenes the provisions of paragraph (2) commits an offence and shall be liable to a fine of six thousand shillings or imprisonment for a term of six months or both.Part II – ACCREDITATION PROCESS
4. Application procedure
(1)Any institution that, at the commencement of these Regulations, wishes to be accredited under these Regulations shall apply to the Council for accreditation.(2)An application under paragraph (1), shall be made in Form CLE No. 1 set out in the First Schedule and the applicant shall pay the fees set out in the Fourth Schedule.(3)An application for accreditation under paragraph (2), shall be accompanied by proof of payment of the prescribed fees, the proposed legal education programme, the course that the institution intends to offer or is offering and course curriculum.(4)The Council shall within one month of the receipt of the application for accreditation acknowledge receipt, consider the application and communicate the outcome of the application to the applicant.(5)Where an application for accreditation to the Council is in respect of an existing programme, the Council may grant provisional accreditation under regulation 8, for a period not exceeding one year pending the evaluation of the programme and inspection of the institution.5. Evaluation of programme
(1)The Council shall, within sixty days from the date of acknowledgement of an application, evaluate the programme submitted and make recommendations.(2)The Council may engage the services of an independent evaluator to undertake any aspect of the evaluation process on it's behalf.(3)The Council may evaluate a programme of an institution undergoing another accreditation process under any other written law, for the purposes of assisting in the said accreditation process:Provided that such evaluation shall not constitute a waiver of the Council's mandate under these Regulations.(4)A member of the Council, who is a dean of a faculty, a regular member of staff of a faculty or is in any way connected to or interested in the affairs of an institution that is the subject of the accreditation, shall not participate in the evaluation of that institution's programme or inspection of it's facilities.6. Rejection and re-evaluation of an application
(1)Where the information provided by an applicant is not sufficient or the applicant has not complied with the requirements set out in the Third Schedule, the Council may reject the application or request for more information.(2)An applicant whose application has been rejected under paragraph (1), may within three months of such rejection re-submit the application providing the required information for re-evaluation by the Council.(3)Where the rejected application is not re-submitted within six months, the application shall lapse.7. Inspection
The Council shall inspect the physical and other infrastructural facilities of an institution offering or intending to offer legal education or training to verify it's suitability for the training of the programme applied for.8. Certificate of accreditation
(1)The Council shall, under it's seal, award a certificate of accreditation to an institution that has complied with the provisions of these Regulations.(2)The certificate of accreditation under paragraph (1) shall be in Form CLE No. 2 set out in the First Schedule to these Regulations.(3)The Council may issue a provisional accreditation certificate for a period not exceeding one year to an existing institution that has complied with the provisions of regulation 4.(4)Subject to regulation 12 or any other written law, an institution which has been issued with a certificate of accreditation by the Council under paragraph (1), may advertise the approved course programme, admit students and commence the approved training or legal education programme.(5)The certificate of accreditation issued under paragraph (1), shall, unless revoked under regulation 10, be valid for a period of five years.9. Publication
(1)The Council shall within one month of issuing a certificate of accreditation to an institution publish a notice of the grant in the Gazette.(2)The Council shall from time to time and in any case not more than a period of three consecutive years, publish the particulars of the institutions that have been granted a Certificate of Accreditation in the Gazette.(3)The Council shall maintain and regularly update particulars of the accredited institutions on its register and official website.10. Revocation of accreditation
(1)Where the Council determines that a legal education institution issued with a certificate of accreditation has failed to maintain or comply with the standards set out in these Regulations, it shall issue a notice of revocation of accreditation to that institution requiring it to show cause why the certificate of accreditation should not be revoked.(2)An institution issued with a notice under paragraph (1), shall within three months provide the Council with necessary information regarding the issues raised in the notice of revocation.(3)Where the information provided under paragraph (2) is reviewed and found to be inadequate in responding to the issues raised in the notice of revocation, the Council shall revoke the certificate of accreditation issued to the institution.(4)Where the Council revokes a certificate of accreditation of an institution, it shall publish a notice of revocation in the Gazette.(5)The Council may rescind the notice of revocation if it is satisfied that the institution has put in place necessary measures to comply with these Regulations.(6)The institution shall meet the Council's reasonable administrative cost and other expenses incurred in the enforcement of this regulation.11. Operation standards
The standards governing the operation of legal education institutions accredited by the Council shall be as set out in the Third Schedule to these Regulations.12. Maintenance of standards
A legal education institution shall—(a)maintain the standards set out in the Third Schedule;(b)comply with lawful instructions issued by the Council or any other authority empowered to do so under the Act; and(c)ensure that the legal education programme which is the subject of accreditation is not reviewed or altered in any way without the approval of the Council.13. Institutional reports
(1)A legal education institution which has been granted a certificate of accreditation under these Regulations shall, prepare and submit to the Council—(a)an annual report of its activities in each year of operation;(b)an annual report of the resources set aside for the legal training and the maintenance of the legal library services; and(c)a detailed report after every five years for a degree level and after every four years for other training programmes, indicating the progress made in the maintenance of standards and institution's objects with regard to the legal education.(2)The Council shall evaluate the reports received under paragraph (1) and make recommendations for the purpose of improving the training standards of the institution or the legal education programmes of the institution.14. Renewal of accreditation
(1)An institution shall make an application for renewal of accreditation to the Council, in Form CLE No. 1 set out in the First Schedule.(2)Where the Council is satisfied on the basis of the information supplied in the reports that a legal education institution has maintained standards set out in these Regulations, it shall renew the certificate of accreditation of that legal education institution for a further period of five years.15. Re-inspections
(1)The Council may on its own initiative, on request of the institution or the public, conduct an impromptu visit to a legal education institution accredited under these Regulations.(2)Where an impromptu visit is carried out by the Council, it shall prepare a report of its findings and submit them to the institution with its comments and recommendations.(3)Where the Council determines that an institution is not maintaining the standards set out under these Regulations, it shall revoke the certificate of accreditation.16. Discontinuation
(1)The Council may order an education institution to discontinue providing legal education or training if—(a)the legal education institution has requested to discontinue offering the accredited programme;(b)the Council discovers that the legal education institution is no longer interested in offering legal education;(c)the legal education institution has been served with a revocation order under regulation 11; or(d)the legal education institution is not accredited by the Council.(2)The Council shall, under it's seal, issue an order of discontinuation to a legal education institution in Form CLE No. 3 set out in the First Schedule.(3)The Council shall publish in the Gazette the order of discontinuation issued under paragraph (2), and may also publish the order of discontinuation in the local media.17. Discontinuation plan
(1)Where the Council has issued an order of discontinuation to a legal education institution, the institution shall within two months submit for the Council's approval, a discontinuation plan which shall among other things state unequivocally the date on which the legal education or training shall be stopped.(2)Without prejudice to the generality of paragraph (1), a closure plan shall ensure that, the discontinuation of a legal education programme shall become effective at the end of the academic year in which the order of discontinuation is issued.(3)Once a discontinuation plan has been approved by the Council, the institution shall—(a)not admit new students to any of its legal programmes; and(b)assist its students to transfer to other accredited institutions to complete their legal education programmes.(4)A legal institution shall, until it discontinues a programme—(a)continue to follow the course programmes approved by the Council or in the mode existing before the order of discontinuation;(b)maintain the library and other physical facilities required under these Regulations; and(c)maintain adequate faculty staff qualified to manage the course programme.(5)A legal institution shall not enter into a teach-out agreement with an institution that is not accredited under these Regulations.Part III – LEGAL EDUCATION TRAINING
18. Eligibility for admission
A student shall not be eligible for admission to a legal education training programme under these Regulations, unless that student has attained the required minimum qualifications set out in the Second Schedule.19. Recognition, equation of foreign qualifications and equivalence
(1)The Council may recognize academic awards, in legal education, of foreign institutions that are recognized by the Commission for Higher Education or any other authority with the mandate under any written law to recognize foreign qualifications.(2)Notwithstanding the generality of paragraph (1), the Council shall equate everyqualification from a foreign institution against its standards and make such recommendations as it may consider necessary.Part IV – APPEALS AND AD HOC COMMITTEE
20. Grounds for appeal
(1)Any person aggrieved by a decision of the Council may appeal in writing to the Cabinet Secretary through the Secretary within thirty days from the date of the Council's decision.(2)The applicant shall set out the grievance or issues to be determined by the Committee.(3)The Committee shall determine the Appeal within three months from the date of its appointment.21. Establishment of ad hoc committee
(1)The Cabinet Secretary may, upon receipt of an appeal, establish an Ad Hoc Committee which shall consist of the following members appointed by the Minister—(a)the Chairman, who shall be a person who is or is eligible to be appointed a Judge of the High Court of Kenya;(b)one person who is or is eligible to be appointed as Senior Counsel;(c)one person representing the Ministry for the time being responsible for legal education;(d)one person from the private sector who is not a legal practitioner; and(e)a Secretary, who shall be an ex-officio member.(2)The Committee shall hear and determine appeals made by any person aggrieved by the decision of the Council on accreditation of legal education institution.(3)The persons appointed under paragraph (1), shall hold office for the duration of the committee as shall be specified in the instrument of appointment.(4)The Committee shall make its own rules of procedure.Part V – MISCELLANEOUS PROVISION
22. Establishment of committees
(1)The Council may establish such committees as it considers necessary for undertaking any of its functions under these Regulations.(2)Notwithstanding the generality of paragraph (1), the Council shill establish committees to—(a)inspect institutions; and(b)determine the persons eligible for admission to the Bar.23. Fees and charges
(1)The fees specified in the Fourth Schedule shall be paid in respect of the matters specified in the corresponding entry.(2)Fees once paid shall not be refunded.24. Offences and penalties
Any person who contravenes any of the provisions of these Regulations commits an offence and shall be liable to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months or both.
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