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Promoting a Public Service Ethic in the Legal Profession in Kenya: The Imperative Role of Clinical Legal Education

Published online by Cambridge University Press:  13 April 2020

Lynette Osiemo Open the ORCID record for Lynette Osiemo [Opens in a new window]  and
Anton Kok
Lynette Osiemo*
Affiliation:
University of Pretoria
Anton Kok*
Affiliation:
University of Pretoria
*
lynbonareri@yahoo.com
anton.kok@up.ac.za
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Abstract

The taskforce appointed in 2016 to undertake a review of the legal sector in Kenya highlighted a decline in public service and pro bono work as one of the challenges facing the legal profession in the country. In its report, the taskforce made several proposals to tackle the problem, all directed at qualified lawyers. This article seeks to contribute to the deliberations anticipated from the findings of the taskforce, by suggesting instead that the problem of a declining public service ethic be addressed by targeting law students. Bringing students face to face with real clients and their needs can play an important role in broadening their horizons and shaping their beliefs about, and attitudes towards, the different possible careers they can pursue with their education. The article specifically recommends clinical legal education as a practical and comprehensive means by which students can be encouraged from early on to have an interest in pro bono and public service work.

Keywords

Public servicepro bonoclinical legal educationlegal professionOjiambo Task Force on Legal Sector Reforms
Type
Research Article
Information
Journal of African Law , Volume 64 , Issue 2 , June 2020 , pp. 173 - 198
Copyright
Copyright © SOAS, University of London, 2020

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Footnotes

*

Post-doctoral fellow, Faculty of Law, University of Pretoria, South Africa.

**

Associate professor, Department of Jurisprudence, Faculty of Law, University of Pretoria, South Africa.

The authors acknowledge the financial assistance of the National Research Foundation (NRF) towards this research. Opinions expressed and conclusions reached are those of the authors and are not to be attributed to the NRF. The authors wish to express their appreciation to the organizers of the Socio-Legal Journals Writing Workshop held on 11–12 October 2018 at the Ghana Institute of Advanced Legal Studies in Accra. They are especially thankful to Prof John Harrington for taking the time to review an earlier draft of this article and for engaging in a productive discussion on it. They are also grateful to Ulrich Stege for his helpful comments on an earlier version.

References

1 Kenya Gazette notice no 8116 (7 October 2016). The appointment took effect on 26 September 2016.

2 “Report of The Taskforce on Legal Sector Reforms” (fifth draft, December 2017), submitted by the chairman of the Taskforce on Legal Sector Reforms, Fred Ojiambo, to the Hon Attorney General of the Republic of Kenya, at 10. As at the date of this article, the final version of the report was still not publicly available.

3 Ojiambo Report at 18–19.

4 Id at 118; see recommendation 28(i).

5 Id at 129. See also id at 118, recommendation 28(ii). While offering tax deductions for bro bono work is possible, in the authors’ view, this is insufficient motivation for giving one's services free of charge.

6 Chaifetz, J “The value of public service: A model for instilling a pro bono ethic in law school” (July 1993) 45/6Stanford Law Review 1695CrossRefGoogle Scholar at 1710.

7 See Kimball, BAThe ‘True Professional Ideal’ in America: A History (1996, Rowman & Littlefield) at 101Google Scholar.

8 Hermanowicz, JC and Johnson, DR “Professions” in Sasaki, M et al. (eds) Concise Encyclopedia of Comparative Sociology (2014, Koninklijke Brill NV) 209Google Scholar at 209.

9 The Cambridge Dictionary defines “white collar” as “work that needs mental rather than physical effort”, as opposed to “blue collar” jobs, which are manual in nature. See: <https://dictionary.cambridge.org/dictionary/english/white-collar> (last accessed 22 January 2020). See also Hurd, HG “Who is a professional” (summer 1967) Journal of Cooperative Extension 77Google Scholar. An inexhaustive list of occupations considered professions include engineering, accounting, nursing, actuarial science and teaching.

10 See for example “The future of jobs and skills in Africa: Preparing the region for the fourth industrial revolution” (World Economic Forum executive briefing, May 2017) at iii, where (in addition to care, education and health workers) creative industry workers, food technologists, 3D designers and data centre workers are considered among the trending professions on the continent.

11 McPeck, JE and Sanders, JT “Some reflections on education as a profession” (August 1974) 8/2The Journal of Educational Thought 55Google Scholar at 58. An example of such a logical problem would be the difficulty in deciding the basic characteristics of a profession: would one create a list of attributes fit for a profession and then decide which occupations qualify, or should one decide on the occupations first and then create a list of common characteristics?

12 Saks, M “Defining a profession: The role of knowledge and expertise” (2012) 2/1Professions and Professionalism 3CrossRefGoogle Scholar.

13 Cruess, SR, Johnston, S and Cruess, RL “‘Profession’: A working definition for medical educators” (February 2004) 16/1Teaching and Learning in Medicine 74CrossRefGoogle Scholar at 75 (emphasis added). The proposed definition builds on the definition given by the Oxford English Dictionary (1989, Clarendon Press).

14 Saks “Defining a profession”, above at note 12 at 2. Others however counter the argument that knowledge and expertise alone are central to the definition of a profession, proposing instead that knowledge and expertise cannot be assumed or automatically deduced from years of study and should instead be established through experience and work output.

15 See for example the description of the Advocates’ Training Program offered at the KSL, Kenya's professional school for lawyers, available at: <https://www.ksl.ac.ke/advocates-training-program/> (last accessed 22 January 2020).

16 Hurd “Who is a professional”, above at note 9 at 79.

17 Id at 78.

18 Id at 79.

19 Id at 81.

20 Achievement of the common good will involve the “highest possible attainment of persons to their lives as persons”: Maritain, JThe Rights of Man and Natural Law (1971, Gordian Press)Google Scholar at 9. The common good is the good both of society as a whole, and of the parts that form the whole: the individual human beings who constitute society; it entails the maximization of opportunities for each person to develop him or herself holistically: Torre, JM dePerson, Family and State: An Outline of Social Ethics (1991, SEASFI)Google Scholar at 29.

21 Maritain, id at 8. As one scholar observed, the professional groups were among the most significant non-governmental institutions that promoted public welfare in Anglo-American history: Stone, HF “The public influence of the Bar” (1934) 48/1Harvard Law Review 1CrossRefGoogle Scholar at 4–5.

22 These services have been described as those whose nature therefore affects the quality of life. See Howsam, RB et al. Educating a Profession, American Association of Colleges for Teacher Education (1976, American Association of Colleges for Teacher Education) at 5–6Google Scholar. See also McPeck and Sanders “Some reflections”, above at note 11 at 60.

23 Klass, AA ‘What is a profession?’ (1961) 85 Canadian Medical Association Journal 698Google Scholar at 700.

24 Ibid.

25 Walker, M “Universities, professional capabilities and contributions to the public good in South Africa” (2012) 42/6Compare: A Journal of Comparative and International Education 819CrossRefGoogle Scholar at 824.

26 Professionals will, for example, act to effect social transformation and to reduce injustice. In a project carried out to create a public good professional education index, all the persons involved in the research agreed that public-good professionals will: recognize the full dignity of every human being; act for social transformation and to reduce injustice; make sound, knowledgeable, thoughtful, imaginative professional judgments; and work with others to expand the comprehensive capabilities of people living in poverty. See McLean, M and Walker, M “The possibilities for university based public-good professional education: A case-study from South Africa based on the ‘capability approach’” (2012) 37/5Studies in Higher Education 585CrossRefGoogle Scholar at 588.

27 Chaifetz “The value of public service”, above at note 6 at 1697.

28 The Constitution, art 260.

29 See “Public service”, available at: <https://www.collinsdictionary.com/dictionary/english/public-service> (last accessed 22 January 2020).

30 Capabilities have been defined as the potential to achieve factors such as the freedoms people have to be and to do what they love doing, including being knowledgeable and using their knowledge in worthwhile ways. See Walker “Universities, professional capabilities”, above at note 25 at 822.

31 Ibid.

32 Chaifetz “The value of public service”, above at note 6 at 1696.

33 S Wizner “What is a law school?” (Yale Law School Faculty Scholarship Series paper 1853 of 1989) 701 at 704, available at: <http://digitalcommons.law.yale.edu/fss_papers/1853> (last accessed 22 January 2020).

34 Chaifetz “The value of public service”, above at note 6 at 1711.

35 A Evans “Normative attractions to law and their recipe for accountability and self-assessment in justice education” in FS Bloch (ed) The Global Clinical Movement: Educating Lawyers for Social Justice (2011, Oxford University Press) 353 at 353.

36 For example the Mount Kenya University, School of Law, Parklands Campus. See “Vision, mission & core values”, available at: <http://law.mku.ac.ke/index.php/about-us/vision-mission-core-values> (last accessed 18 February 2020).

37 See “Word from the Dean Law School”, available at: <http://www.riarauniversity.ac.ke/law/index.php/message-from-dean/> (last accessed 22 January 2020). Nevertheless, this website does mention achieving the learning experience by using clinical resources.

38 See “Kabarak University Law School: Welcome note”, available at: <https://kabarak.ac.ke/school-of-law/> (last accessed 22 January 2020).

39 One of the core values of the University of Nairobi School of Law is to: “Nurture responsible corporate citizenship and strong social responsibility”; see “Our vision”, available at: <https://law-school.uonbi.ac.ke/basic-page/our-vision> (last accessed 22 January 2020). The mission statement of the University of Nairobi, School of Law, Mombasa Campus includes no reference to service, although one of the campus's core values is: “responsible corporate citizenship and strong social responsibility”. See “Vision and mission”, available at: <https://a-mombasa.uonbi.ac.ke/node/73> (last accessed 18 February 2020).

40 See Egerton University “Mission of the Faculty of Law”, available at: <http://www.egerton.ac.ke/index.php/Faculty-of-law/faculty-of-law.html> (last accessed 22 January 2020). The mission of Egerton University's Faculty of Law includes offering education that fosters service to society that contributes to national and global development.

41 See Kenyatta University School of Law “Mission statement”, available at: <http://www.ku.ac.ke/schools/law/index.php/about-us/fundamental-statements> (last accessed 22 January 2020); Kenyatta University School of Law aspires to create legal entrepreneurs able to contribute to global competitiveness.

42 See The Catholic University of Eastern Africa “Mission”, available at: <http://www.cuea.edu/index.php/about-us/our-mission> (last accessed 22 January 2020). There is no statement about the specific mission of the law faculty, but the mission of the university is to promote excellence in research, teaching and community service by preparing morally upright leaders based on the intellectual tradition of the Catholic Church.

43 The University of Nairobi Kisumu Campus has no separate mission statement for its School of Law, but the mission of the campus as a whole is to: “provide quality training, learning, research and consultancy in education, humanities and social sciences by creating, preserving, transmitting and utilizing knowledge for the benefit of humanity.” See University of Nairobi Kisumu Campus “Vision and mission”, available at: <https://a-kisumu.uonbi.ac.ke/node/7> (last accessed 18 February 2020).

44 For example, the African Nazarene University Law School. Its website refers to “offering legal assistance to indigent persons” and the goal of offering “expertise and competence that enables [students] to identify and address needs in their local and regional community”. See “Dean's message”, available at: <https://www.anu.ac.ke/school-department/law-school/> (last accessed 22 January 2020).

45 Evans “Normative attractions to law”, above at note 35.

46 The vision of Moi University School of Law is to be a centre of excellence in innovative and experiential legal education. See Moi University School of Law “Vision”, available at: <https://law.mu.ac.ke/index.php/vision-mission-objectives> (last accessed 22 January 2020). One of its quality objectives is to ensure the provision of legal aid services to at least five indigent persons every month through its legal aid clinics and partnerships. Although the School of Law was started with the goal of applying the legal aid clinic and using clinical methods to teach, nothing is specifically mentioned about the legal aid clinic in the current description of the Bachelor of Laws degree programmes and objectives.

47 Strathmore Law School seeks to achieve legal excellence through providing a supportive learning environment that inspires innovative and critical thinking, promoting ground-breaking research, actively pursuing justice and nurturing virtuous leaders. See Strathmore University Law School “Vision mission values”, available at: <http://www.law.strathmore.edu/about-sls/vision-mission-values> (last accessed 22 January 2020). All undergraduate students are required to dedicate a minimum of 200 hours in community service through the community-based attachment programme. However, there seems to be no requirement that such community service be directly linked to the students’ field of study. See: Strathmore University “Coat of arms”, available at: <https://www.strathmore.edu/about-su/mission-vision-coat-of-arms/> (last accessed 22 January 2020).

48 KSL's mission is to offer quality and practical legal training for professionals and other actors in the legal sector: KSL “Mission”, available at: <http://www.ksl.ac.ke/mission-vision-and-mandate/> (last accessed 22 January 2020).

49 See School of Law, Jomo Kenyatta University of Agriculture and Technology “Vision and mission”, available at: <http://www.jkuat.ac.ke/schools/law/vision-and-mission/> (last accessed 22 January 2020). Nothing in the school's mission refers to the promotion of service to society, although one of the school's objectives is to inculcate in students the values of professionalism, social justice and community service.

50 The University of San Francisco School of Law seeks to contribute to society theoretically and practically by training professionals who care about the well-being of others and have a deep concern for justice. The school commits itself to creating innovative programmes and training skilled lawyers to serve the local San Francisco community. It also seeks to inspire its graduates to pursue justice and to engage in practice or public service activities that help those in need. See University of San Francisco Law School “Mission and history”, available at: <https://www.usfca.edu/law/our-school/mission-history> (last accessed 22 January 2020).

51 Service is one of the formation goals at the University of Notre Dame Law School. The school commits itself to preparing its students to serve the community, especially the underprivileged, with dedication to human dignity and the common good. See University of Notre Dame Law School “Educational goals and learning outcomes”, available at: <https://law.nd.edu/about/educational-goals/> (last accessed 22 January 2020).

52 The University of St Thomas School of Law seeks to promote excellence in enhancing social justice by assisting students in integrating their commitment to serve society into their personal and professional lives. The school further specifically commits itself to promote and participate in service programmes designed to address the needs and improve the conditions of the disadvantaged and underserved. See University of St Thomas Law School “Our vision: Service and community”, available at: <https://www.stthomas.edu/law/about/> (last accessed 22 January 2020).

53 The University of the Witwatersrand offers a compulsory practical legal course for all its students in their fourth year of studies. This course gives students the opportunity to “provide professional and quality legal service to the community”. See University of the Witwatersrand Johannesburg “Wits Law Clinic: Mission”, available at: <http://www.wits.ac.za/lawclinic/> (last accessed 22 January 2020). The University of Pretoria also recognizes the need to produce graduates who appreciate the importance of community engagement and a concern for fostering the development of local communities. See “Vision, mission and values”, available at: <https://www.up.ac.za/article/2749453/vision-mission-and-values> (last accessed 18 February 2020).

54 Ojiambo Report, para 54.

55 See ANA, “The problem of practical training for law students in Africa” (1961) 5/3Journal of African Law 123Google Scholar.

56 Macchiarola, FJ and Scanlon, J “Lawyers in the public service and the role of law schools” (1992) 19 Fordham Urban Law Journal 695Google Scholar at 698. See also J Giddings et al “The first wave of modern clinical legal education (the United States, Britain, Canada and Australia)” in Bloch (ed) The Global Clinical Movement, above at note 35, 3 at 5. See also ANA, id at 124.

57 See “The Center for the Study of Applied Legal Education”, available at: <https://www.csale.org/#aboutus> last accessed 18 February 2020). The Council on Legal Education for Professional Responsibility gave money to more than 200 law schools to establish law clinics that receive and attend to clients. See also Giddings et al, ibid.

58 See also id at 6.

59 Id at 7–8.

60 Initially known as the Association of University Legal Aid Institutions. See D McQuoid-Mason “Clinical legal education and the role of law clinics in South Africa” at 4 and 20, available at: <http://clarkcunningham.org/LegalEd/SouthAfricaMason2.pdf> (last accessed 22 January 2020). See also Combining Learning and Legal Aid: Clinics in Africa (report on the First All-Africa colloquium on CLE, 23–28 June 2003) at 3, available at: <https://www.opensocietyfoundations.org/sites/default/files/southafrica_20030628.pdf> (last accessed 22 January 2020).

61 See “African clinics today: Nigeria leads the way” in Wilson, RJThe Global Evolution of Clinical Legal Education: More than a Method (2018, Cambridge University Press) 215Google Scholar.

62 Ojukwu, E, Erugo, S and Adekoya, CClinical Legal Education: Curriculum Lessons and Materials (2013, NULAI)Google Scholar at 4.

63 Id at 4–5.

64 See ANA “The problem of practical training”, above at note 55 at 123, where the case is made that practical training must be related to actual cases in the context of a lawyer's office and that, if it is not possible to send students to such offices, such offices must be manufactured in the law school. See also Wilson The Global Evolution, above at note 61 at 211.

65 For a detailed description of the history of CLE in Africa, see “Clinical legal education in Africa” in Wilson, id, 205.

66 See “Definition of a legal clinic” (European Network for Clinical Legal Education), available at: <http://encle.org/about-encle/definition-of-a-legal-clinic> (last accessed 22 January 2020).

67 Brayne, H, Duncan, N and Grimes, RClinical Legal Education: Active Learning in Your Law School (1998, Glasgow)Google Scholar at 1.

68 F Bloch and NR Madhava Menon “The global clinical movement” in Bloch (ed) The Global Clinical Movement, above at note 35, 267 at 272.

69 See “What is clinical legal education?” (University of Pretoria), available at: <https://www.up.ac.za/up-law-clinic-home-page/article/23711/clinical-legal-education> (last accessed 22 January 2020).

70 Brayne, Duncan and Grimes Clinical Legal Education, above at note 67 at 2.

71 In Nigeria, NULAI considers CLE to be an institutional goal for legal education providers. CLE is designed to have a fully fledged curriculum with clear objectives for each module, drafted using an integrative approach that views legal education as both a liberal art and a vocation that seeks to instil knowledge, skills and values. See Ojukwu, Erugo and Adekoya Clinical Legal Education, above at note 62 at 7–8.

72 Bloch and Madhava Menon “The global clinical movement”, above at note 68 at 268.

73 Id at 269.

74 Ibid.

75 Id at 270.

76 Id at 269.

77 Id at 173–208. See also Stuckey, R et al. Best Practices for Legal Education: A Vision and a Roadmap (2007, Clinical Legal Education Association)Google Scholar at 179–88.

78 FS Bloch “Introduction” in Bloch (ed) The Global Clinical Movement, above at note 35, xxi at xxii.

79 Brayne, Duncan and Grimes Clinical Legal Education, above at note 67 at 17.

80 Wizner “What is a law school?”, above at note 33 at 713.

81 Ibid.

82 Ibid. For a detailed discussion questioning the assumption that law schools should teach students to think like lawyers, and proposals for a broader aim of teaching other skills needed by lawyers, see: Rapoport, NB “Is ‘thinking like a lawyer’ really what we want to teach?” (2002) 1 Journal of the Association of Legal Writing Directors 91Google Scholar; Hoffman, P Toll “Teaching theory versus practice: Are we training lawyers or plumbers?” (2012) Michigan State Law Review 625Google Scholar; and Schultz, NL “How do lawyers really think?” (March 1992) 42/1Journal of Legal Education 57Google Scholar.

83 Griswold, EN “Law schools and human relations” (1955) Washington University Law Quarterly 217Google Scholar at 222.

84 Pati, J and Mohanty, M “Clinical legal education: A bare necessity in the scientific era” (2016) 3 Asian Journal of Legal Education 117CrossRefGoogle Scholar at 118.

85 Haupt, F “Some aspects regarding the origin, development and present position of the University of Pretoria Law Clinic” (2006) 39/2De Jure 229Google Scholar.

86 See YK Sabharwal J “My dream of an ideal justice dispensation system”, available at: <http://ijtr.nic.in/articles/art55.pdf> (last accessed 22 January 2020).

87 Chaifetz “The value of public service”, above at note 6 at 1696.

88 Schwinn recommends incorporating CLE in traditional first year courses, not only applying the methodology in the clinic or in advanced years of study: Schwinn, SD “Developmental learning theory and the American Law School curriculum” (2009) 3 John Marshall (Atlanta) Law Journal 33Google Scholar at 44 onwards.

89 These are some of the traditions in which the legal profession takes greater pride than any other professional class. See Stone “The public influence”, above at note 21 at 8.

90 Wizner “What is a law school?”, above at note 33 at 703.

91 N Blenkinsop (Classic, Saskatoon) “Reflective / self-reflective practice at the clinical level” (paper presented to the panel on Fostering Professionalism and Reflective Practice in Clinics at the fourth annual Association of Canadian Clinical Legal Education conference, Dalhousie University, Halifax, 16–19 October 2013).

92 Evans, A et al. Australian Clinical Legal Education: Designing and Operating a Best Practice Clinical Program in an Australian Law School (2016, Australian National University)Google Scholar at 153. See also Stuckey et al Best Practices, above at note 77. See also Casey, T “Reflective practice in legal education: The stages of reflection” (2014) 20 Clinical Law Review 317Google Scholar.

93 J Gauntlett “Speech to law teachers” (speech to the conference of the Society of Law Teachers, Stellenbosch, 17 January 2011), available at: <https://constitutionallyspeaking.co.za/jeremy-gasuntlett-speech-to-law-teachers/> (last accessed 22 January 2020).

94 See Ojiambo Report at 10 on the “Challenges of the legal profession”. The Taskforce noted the deteriorating quality of training and apprenticeship as a result of the lack of a system or structure for continuous mentorship, and the deterioration in the quality, professional capacity and competence of legal practitioners, among other deficiencies, all which can be attributable to deficiencies in a lawyer's training.

95 Brayne, Duncan and Grimes Clinical Legal Education, above at note 67 at 17.

96 Wizner “What is a law school?”, above at note 33 at 712.

97 Bloch and Madhava Menon “The global clinical movement”, above at note 68 at 271.

98 The Council on Legal Education for Professional Responsibility Biennial Report for the period ended 31 December 1970 at 1, cited in Snyman, PCA “A proposal for a national link-up of the new legal services corporation law offices and law school clinical training programs” (1979) 30 1/2Journal of Legal Education 43Google Scholar at 43.

99 For example, in the USA; see American Bar Association “Standards and rules of procedure for approval of law schools (2017–18)”, standard 304 on “Simulation courses, law clinics, and field placements”.

100 Brayne, Duncan and Grimes Clinical Legal Education, above at note 67 at 17.

101 Wizner “What is a law school?”, above at note 33 at 712.

102 The Legal Aid Act (No 6 of 2016), sec 2 defines a legal aid provider to include a university or other institution operating legal aid clinics.

103 Id, sec 3.

104 Bamgbose, O “Access to justice through clinical legal education: A way forward for good governance and development” (2015) 15 African Human Rights Law Journal 378CrossRefGoogle Scholar at 387.

105 See, for example, this observation in Maisel, P “Expanding and sustaining clinical legal education in developing countries: What we can learn from South Africa” (2006) 30/2Fordham International Law Journal at 378Google Scholar, note 19: “In developing countries, what is called clinical education sometimes only consists of theoretical or simulation courses taught in the classroom. This is true, for example, in Kenya where the University of Nairobi clinical legal education program was in the form of theoretical courses before 2001.” See also D McQuoid Mason et al “Clinical legal education in Africa: Legal education and community service” in Bloch (ed) The Global Clinical Movement, above at note 35, 23.

106 See Moi University School of Law “Bachelor of Laws (LLB)”, available at: <https://law.mu.ac.ke/index.php/academics#first-semester-4> (last accessed 22 January 2020).

107 See Kenyatta University School of Law “Bachelor of Laws LLB”, available at: <http://law.ku.ac.ke/index.php/departments/private-law> (last accessed 22 January 2020).

108 See School of Law University of Nairobi “Bachelor of law (LLB)”, available at: <https://a-law-school.uonbi.ac.ke/degree_courses/1482> (last accessed 18 February 2020). Assessment for the clinic course is based on coursework and the course has no final written examination: <https://a-law-school.uonbi.ac.ke/node/1846> (last accessed 18 February 2020).

109 See Mt Kenya University Bachelor of Laws (LLB) program objectives, available at: <https://www.mku.ac.ke/index.php/academic-programmes/118-programmes/502-bachelor-of-laws> (last accessed 18 February 2020).

110 See: Exploring Opportunities for University Law Clinics in Kenya (report of roundtable discussion, held at Strathmore University, 26 April 2019) at 8.

111 SALAR was established in 1999 and its main objective is to provide legal awareness, research and advisory services. See University of Nairobi Parklands Campus “SALAR”, available at: <https://www.uonsalar.org/index.html> (last accessed 22 January 2020).

112 The Sheria Mashinani project targets residents of Kibera (a slum in Nairobi) and is conducted in partnership with the institutions Shining Hope for Communities and Crime Si Poa. See Exploring Opportunities, above at note 110 at 8.

113 Ibid.

114 The Faculty of Law, Kisii University College was started with the specific goal of promoting social justice. It aimed to revamp the legal aid clinic as a teaching medium. However, the LLB curriculum contains no clinical courses and no information is available on the university website about a law clinic; see: <http://kisiiuniversity.ac.ke/law/> (last accessed 22 January 2020). The Kabarak University School of Law website mentions students’ work in law clinics under teaching materials and methodology. However, there is no indication of any clinical course, or whether the school runs a law clinic. See “Kabarak University: Welcome note”, available at: <https://kabarak.ac.ke/school-of-law/> (last accessed 18 February 2020).

115 Hurd “Who is a professional”, above at note 9 at 79.

116 Ibid.

117 Ibid.

118 See Report of the Ministerial Task Force on the Development of a Policy and Legal Framework for Legal Education in Kenya (August 2005), preface.

119 See the description of the Advocates’ Training Program, available at: <https://www.ksl.ac.ke/advocates-training-program/> (last accessed 17 February 2020).

120 See ibid. The Kenya School of Law Act, sec 19, also lists moot courts, clinics and other practical outputs as course requirements for all students.

121 See Ojiambo Report, para 93. In 2019, the number of students was estimated at 1,700; see “Kenya School of Law at a glance”, available at: <https://www.ksl.ac.ke/> (last accessed 17 February 2020).

122 The ratio recommended by the Commission for University Education for humanities courses is 1:18; see Commission for University Education “University standards and guidelines” (2014) at 63. See also P Bowry “Admission systems unfair to law students” (1 February 2012) Standard (Nairobi), available at: <https://www.standardmedia.co.ke/article/2000051204/admission-systems-unfair-to-law-students> (last accessed 22 January 2020).

123 See Ojiambo Report generally for findings on the state of KSL.

124 The Taskforce proposed that satellite training centres be opened in the country and that other legal education providers be licensed to offer training alternatives and relieve the strain on KSL. See id at 63–64, recommendation 11.

125 See text to footnotes 121–24 above.

126 Stone “The public influence”, above at note 21 at 8.

127 The Ojiambo Report highlights this as an aspiration of the Kenyan legal profession. See at 10, para 3.

128 As Frank Bloch observes, no law school can afford to ignore global perspectives in its curriculum. See Bloch “Introduction”, above at note 78 at xxii.

129 The Constitution, art 10(1).

130 Id, art 10(2)(b).

131 See Legal Education Act (No 27 of 2012), third sched, sec 13.

132 Council on Higher Education “Higher education qualifications sub-framework qualification standard for Bachelor of Laws (LLB)” (May 2015) at 7 (emphasis added).

133 Id at 11.

134 Ibid.

135 Id at 9.

136 Legal Aid Act, sec 2.

137 Ojiambo Report at 118.

138 Legal Aid Act, secs 29 and 30.

139 Stone “The public influence”, above at note 21 at 2.

140 In the chapter on legal training and legal education providers, the Ojiambo Report notes (at para 61) the need for investment in learning resources and partnerships with institutions and organizations at the international level for international benchmarking.