JUSTICEVolume 4 Issue 1 - Kenya School of Law
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Volume 4 Issue 1
JUSTICE Newsletter
Kenya School of Law
Rising from the Pandemic
The Kenya School of Law KSL is ISO 9001:2015 Certified
CONTENTS
01 From the Editor
02 • Word from the Chairperson
• Word from the Director/Chief Executive
06 Departmental Briefs
03 Milestones
•Technology Saviour
•Law Students to Benefit from MoU between the
Kenya School of Law and HELB
•Covid-19 :The Silver Lining
21 Students Corner
27 Issues of Interest
• To Do Or Not to Do : A Critical Look Into The
Dignity And Welfare Of Persons With Disabilities In The
Legal Profession
• Rising through the pandemic from the
lens of Trial Advocacy trainers
• Transitioning from the Virtual Workplace to the
Physical Office
• Acquiescence To The New Normal: What Is Its Future?
• Analysis of the Petition No 120 of 2020 on
curfew guidelines
37 38
•My Passion
Just for ‘lawghter’ KSL Events Highlights
44Covid - 19 Awareness
From the Editor
Welcome to Volume 4 issue 1 of the demonstrating how they navigated
Justice Newsletter. In the last one year through the Covid-19 turbulence.
we have found ourselves in difficult We have covered the milestones
and uncertain times due to the achieved by the School including
Covid-19 pandemic. This has had a the benefit of HELB for KSL and
Christine Kungu profound effect on our lives and departmental briefs and events.
utterly disrupted our education Finally we have engaging articles
Chair | Editorial Committee
system.The School has navigated on issues of interest such as Trial
from complete uncertainty and Advocacy training from the lens of
Christine Kungu dimmed hope to getting back on track trainers and a critical look into the
Ruth Githaiga
Samuel Akhwale
hence our theme for this issue Kenya dignity and welfare of people living
Fredd Wakimani School of law: Rising from the with disability in the Legal profession.
Agnes Mwai pandemic.
Sammy Makokha
Linnett Odawo
Anastasia Otieno
In this issue, we have endeavoured to We are grateful to the Board and
Ann Githinji Ng’ang’a demonstrate the School’s resilience in the Management of the School for
the face of the Covid-19 pandemic their continued support and to all
Contributors through a wide range of articles from contributors who have aided in the
Agnes Mwai various contributors. We have success of this publication.
Alice Bitutu Mongare
Anastasia Otieno
featured articles covering the online Special gratitude goes to the Editorial
Ann Githinji Ng’ang’a classes in both Advocates Training Committee whose effort and
Doreen Otieno Programme (ATP) and Paralegal dedication made it possible to
Fredd Wakimani Training Programme (PTP) and publish this issue.
Ibrahim A. Isaak
Isaac Kuloba
insightful articles from our students
Jemimah Aluda Enjoy the read!
John Malombe
Kennedy Dende
Lawrence Ndirangu
Lorrain Akinyi Christine Kungu is an Advocate of the High
Margaret Mounde Court of Kenya and a Senior Lecturer at the
Mariam A. Mahmud Kenya School of Law
Mike Atieno
Njoki Mboce
Ouma Kizito Ajuon
Peter Otieno
Peter Penda The Editorial Team
Rayner Teresia M.
Ruth Gichuki
Ruth Githaiga
Samuel Akhwale
Samuel Mwaniki
Disclaimer
The information in this
publication is for general
purposes and does not
constitute legal or
professional advice.
For further information
on this publication please
contacts us through:
justicenewsletter@ksl.ac.ke
From Left to right: Sammy Makokha,Samuel Akhwale, Agnes Mwai, Christine
Kungu,Ann Waithira, Anastasia Otieno, Ruth Githaiga, and Fredd Wakimani.
Justice Newsletter Volume 4 Issue 1 |2021| 1
Word from the Chairperson,KSL Board
On behalf of the Kenya School of Law which is recovering from the effects of
Board of Directors, I take this current public health challenges. The
opportunity to congratulate the pandemic has changed how we work,
management for publishing the first travel, communicate, shop, our lifestyle
issue for this year - Volume 4 Issue 1 and so on.Furthermore,the pandemic
of the Justice Newsletter.The has increased people’s use of digital tools
Newsletter is an important in life and business to stay connected
communication tool for informing in a world that is physically
and showcasing the School’s disconnected. All this and more has been
activities to all our stakeholders. covered in the enlightening articles that
are not only useful but also engaging.
Professor Fatuma Chege
The theme for this issue is “Kenya
Chairperson,
Kenya School of Law School of Law: Rising from the
Pandemic.” This theme is timely as
it resonates with what our country
and the world at large has been going
through for the past one year,
Word from the Director/Chief Executive
learning in both our Advocates several measures in the journey to
Training Progamme (ATP) and the recover from the Covid- 19 pandemic.
Paralegal Training Programme (PTP). These include having a Covid-19 MOH
As a result of this the School had to Compliance Committee comprising
find means of surviving in the representatives of relevant departments
abnormal times. Through employing needed to make critical reopening
technology and following the decisions that will help us achieve 2021
government guidelines concerning objectives.The School also continues
reopening of institutions, the School to create more awareness to all staff by
has been able to resume its having hygiene protocols signage at
operations. designated places within the School.
Online classes for the ATP started in The signage indicate guidelines such
Dr.Henry Kibet Mutai July 2020 having done a pilot study in as to keep social distance, wear mask
Director/Chief Executive Officer
June 2020 and the Paralegal Studies at all times, regular washing of hands
Kenya School of Law
online classes started in November or use of hand sanitizer.Additionally,
2020. Both programmes are there are thermal guns for taking body
continuing on the online platform temperatures at strategic entry points.
I would like to welcome you to and their syllabus will be completed On behalf of the School, I urge all our
the Justice Newsletter through the same platform. I am also stakeholders to continue observing the
publication, Volume 4 issue 1 of pleased to inform you that in March guidelines that the government has
2021. This is a publication aimed 2021 the School introduced optional issued for containing the spread of
at keeping our stakeholders in person revision classes for the ATP Covid -19.
abreast of notable activities that at our Karen Campus.
have taken place at the School. However, there were strict guidelines
In March 2020, the outbreak of in place that provided students had Finally, I would like to thank the
Covid 19 in Kenya led to the to register in advance for purpose of Editorial Committee for their tireless
closure of learning institutions planning and adhering to Covid-19 efforts in ensuring that Volume 4 Issue 1
throughout the country, protocols. of the Justice Newsletter 2021 has been
including the School. This published.
closure adversely affected The School has also put in place
Justice Newsletter Volume 4 Issue 1 |2021| 2
Milestones
Technology A ‘Savior’ During Covid-19
By Kennedy Dende
committee appointed by the School bandwidth capacity and student
Director. The committee comprised inability to afford the data bundles.
T
School staff in the Advocates Training In our case the School is providing
he Covid-19 pandemic Programme, Academic, ICT among 10GB on a monthly basis to all
has posed unprecedented other departments. The team worked our students to ease the burden to
challenges requiring the in close collaboration with students in students.One of the threats to online
teaching fraternity to embrace order to capture their learning needs teaching is cybercrime. This is
virtual teaching. Before March in the best way possible. This is manifested in increase in cyber
2020, the Kenya School of Law evident that the School realized early threats, data breaches and ransom.
(KSL) teaching mode was the enough that technology can no longer This is one of the elements that
physical classes, where students be seen as a utility working in the keeps KSL ICT staff alert at all times
were convened in lecture halls. background. since any breaches to the E-learning
This mode of teaching required systems and platforms may have
students to listen to their lecturers, catastrophic consequences to the
work individually or in groups, A pilot study was done towards whole program. The School has also
and reproduce knowledge shifting to a virtual learning process. invested heavily on the cyber
in assessments. By contrast, The pilot study started with security.
Information Communication and selection and development of the
Technology (ICT) use was limited. platform (Moodle and Teams) to be
used. Then, implementation of Although on-campus life will keep
the eLearning including, training of playing an essential role for
The School lockdown confronted students, lecturers and academic staff students, there is little doubt that
lecturers, students, and parents on the use of the platform. The School online learning will remain a strong
with an entirely new situation. settled on Teams platform owing to option, particularly for those
Since,continued teaching and the number of participants it students who might be unable to
learning was only possible through accommodates and the superior attend classes or who need to
alternative means of schooling. Our streaming capabilities during online combine work with their studies. It’s
lecturers had to change to virtual engagements. The School has also time now for ICT specialists and
teaching, requiring them to use adopted the platform in holding academicians to work together to
various digital tools and resources webinars for different departments in offer students the best and safest
to solve problems and implement the School. The School is using online education experience.
new approaches to teaching and Moodle as a learning management
learning. KSL made plans for system due to ease of access, ease of
virtual teaching taking into account integration, user friendly interface,
the emerging advice and guidelines content management, blended Kennedy Dende is the Senior ICT
from the Kenyan Government on learning features, assessment, testing, Officer at the Kenya School of Law
Covid-19 through the Ministry of reporting and tracking.
Health.
Due to the Covid-19 pandemic it
However, prior to the pandemic required rapid transition to online
the School had considered teaching. This took place amidst a
implementing an e-learning wider ICT transformation process in
platform being one of the objectives the educational systems. One of the
in the Strategic Plan. The School advantages is that there was an going
had developed a draft eLearning ICT translation in the education
policy.The virtual teaching was system.A major challenge to
made possible by the E-learning E-learning process was the
Justice Newsletter Volume 4 Issue 1 |2021| 3
Law Students to Benefit from MoU between the Kenya
School of Law and HELB
By Ruth Githaiga and Ruth Gichuki
T
he Kenya School of The total tuition fee for a Kenyan required to present one copy of
Law has entered into Resident is Kenya Shillings One the duly filled Loan Application
a Memorandum of Hundred And Forty-Five Thousand Form and all the attached support
Understanding (MOU) with only (Ksh.145,000/-). This includes documents at the Kenya School
the Higher Education Loans the cost for the nine units, library of Law Offices in Karen as well as
Board (HELB). The MOU fee and Pupillage supervision fee. retain a copy of the duly filled and
forms a partnership to form For a student to pass the Advocates signed Loan Application Form.
a revolving fund which will Training Programme one must score
help the Advocates Training at least 50% on the aggregate of the
Programme students get project work, oral examination and The duly filled forms will then
the HELB loan to finance written examination.In addition, one be forwarded to the Higher
part of their tuition fee. must satisfactorily undertake the Education Loans Board. The first-
This was after the School supervised pupillage programme. time application forms are only
realised that many needy The Kenya School of Law administers accessible through the HELB
students are not able to the course in two modes of study: student portal on www.helb.co.ke.
complete their Advocates the full-time classes and Evening and In case of any queries, applicants
Training Programme course weekend Classes are advised to seek assistance ONLY
due to financial constraints from the Kenya School of Law or
occasioned by many factors. HELB officers. It is also important
The portal would be open from 1st to note that students who provide
April 2020 while the closure date false information will be penalized
Those who will qualify for would be 15th May 2021.Applicants as per the HELB Act. The Technical
the HELB loan are students are advised to visit the HELB website Working Group comprising of
admitted to the ATP at the www.helb.co.ke to access the HELB staff from the Kenya School of Law
School. The first beneficiaries Students’ Portal, register, create and and HELB will award and give a
of the loan will be for the activate their account and ensure feedback to the successful students
2020-2021 Financial year. This that they use their personal mobile by 15th June 2021.
will consist new students. number. The HELB website can be
Additionally,those already also be accessed through a link on
servicing their HELB the Kenya School of Law website.
undergraduate loans will not Once registered then an applicant Ruth Githaiga is the Corporate
be prejudiced from benefiting should select Kenya School of Communications Officer at the Kenya
from the Kenya School of Law Law Tuition Loan 2020-2021, first School of Law
fund.The Advocates Training time loan application form. The
Programme consists of nine applicants should read and appraise Ruth Gichuki is the Principal
(9) courses which are: Civil themselves on the Financial Literacy Accountant at the Kenya School of Law
Litigation, Criminal program Access and fill the online
Litigation, Probate and loan application form. After that the
Administration, Legal Writing applicants will be required to print
and Drafting, Trial Advocacy, two copies of the duly filled Loan
Professional Ethics and Application Forms. The forms should
Practice, Legal Practice be appropriately filled, signed, and
Management, Conveyancing stamped by the relevant authorities.
and Commercial Transactions. Thereafter, the applicant will be
Justice Newsletter Volume 4 Issue 1 |2021| 4
Covid-19:The Silver Lining
By Anastasia Otieno
I
been decided that the examinations different for each section. This meant
t is said that every cloud has a could not be carried out on the many back and forth between the
silver lining.That the Covid-19 town campus but in the Karen service providers, the procurement
pandemic has been quite campus, which was more spacious. section and the committee.
devastating is not lost to me but A consensus had to be built with the
in some instances we also have students, some of whom had resisted
to see the silver lining in certain going online in the hope that Covid-19 Due to the urgency of the examinations
situations. was a temporary thing, and yet now being done within two weeks, the
they were being asked to come but to committee prepared a preliminary
sit for an exam. The students extended report which dealt with the areas
When the first positive case of the us the grace, and now it was time to needed for the exams. Within the
Covid 19 case was announced in ensure that the exams took place on two weeks, the Karen campus
Kenya on 13th March 2020, I was, campus without incident. We were lecture theatres were ready for the
to say the least disappointed. very much alive to the disaster; it examination, with the chairs well-
The reason was that I knew that would have been should an incident demarcated indicating a distance of
it would interfere with my plans like that have occurred. at least 1.5 metres in compliance with
for my classes as the term was the Ministry of Health guidelines. We
almost coming to an end. On the also had hand wash stations at the
other hand, I was also grappling I approached the Human Resource gate and sanitisers at the door. The
with how I would deal with my Department with a proposal to examinations went on without
expected outputs of designing and demarcate the school to comply incident.
rolling-out training on an with the Ministry of Health (MoH)
e-learning platform. Covid-19 guidelines. I was appointed
to chair the School’s Covid-19 Even as the examinations were
On e-learning, my biggest Compliance Committee, whose job ongoing, the committee’s work
challenges were the budget, was to ensure that the exams went on continued, and we were able to come
budgetary cuts due to economic without incident and ensure that the up with all the other requirements
issues, and resistance, both overt school was Covid 19 compliant. This and a checklist for each section. The
and subtle. I realised my meant that the committee had to carry committee members were very
opportunity at the closing of the out research to determine what the innovative, coming up with new
school due to Covid-19. All the government policies were and what ideas. The school was able to
issues that appeared other institutions were doing. Kenya demarcate the whole school, including
insurmountable were soon dealt School of Law, not being a university the town campus and mount
with, and we were able to roll out or a Technical Vocational Education extra thermometers and handwashing
the e-learning programme for and Training(TVET)institution, points. This was another silver lining
both the Advocated Training meant that the Ministry of Health in our cloud as the school was due
Programme (ATP) and Paralegal (MoH) guidelines to these institutions for ISO recertification, and this
Training Programme (PTP). were not quite aligned. As such, we was an audit requirement. Further,
had to adopt the ones for TVET and even as the government made it a
from the hotel industries.The research requirement that students go back
The next challenge was how the revealed that we had to carry out a to physical classes, the school was
PTP would conduct examinations. mapping exercise of the school in already compliant with the MoH
The faculty had met and had order to realize the needs for each covid-19 guidelines.
decided that we could not conduct section. This then informed the needs
paralegal examination online due of what to procure. We also realised
to various issues. This left me as that the school’s various sections
the coordinator of the programme needed different rules of engagement, Anastasia Otieno is an Advocate of the
with the task to ensure that the for instance the reception areas, the High Court of Kenya, Coordinator of the
paralegal students come back on hostels, the cafeteria, library, the Paralegal Training Programme and a
campus, two weeks after beginning field and swimming pool area, Principal Lecturer at the Kenya School of
e-learning, to do examinations and the offices The information Law
without an incident. It had also communication materials were
Justice Newsletter Volume 4 Issue 1 |2021| 5
Departmental Briefs
E-learning: The Journey so far.
By Fredd Wakimani
I
t would have been nearly here and there in relation to some of Options such as hybrid classes of
impossible for one to predict the features of the platforms used, but smaller groups, that incorporate
the impact that Covid-19 these issues were quickly addressed, physical classes with online classes
would have on our lives when the more so with the help of the ICT and better use of asynchronous tools
pandemic started to spread in early department.Once training was will greatly improve delivery. A
2020. From complete uncertainty complete, the School embarked on a look at other academic institutions
and dimmed hope, to getting pilot phase, where the ATP programme in Kenya and internationally show
back on track with life albeit with was delivered online for the first time that, institutions of higher learning
adaptations to protect ourselves marking a significant milestone for the are embracing this hybrid approach
against the virus, the journey has School. In partnership with Safaricom with lots of success.Additionally,
been a scary, but interesting one. the School supplied the students with the legal profession is also going
mobile phone data to enable them to high-tech. With court processes like
log in into the classes from wherever filing, being automated and virtual
At the Kenya School of Law, it has they were during the lockdown. The court proceedings being normalized,
been a learning process with the pilot phase was a resounding success. the legal practitioner of the future
School transitioning from face to has to be tech-savvy and flexible.
face classes, to e-learning as the They should be at home in the court
primary mode of delivery for the The School then decided to go full room as well as behind the computer
ATP programme. This transition blast with the online programme and screen. Moreover, even the typical
was not easy. But it was necessary. we have never looked back. Lecturers client is changing. They are also just
With the world being forced to have come up with ingenious way as tech savvy, more informed and
adjust its modus operendi, the to engage students and engrain aware of automated process that
School was no exception. To start practicality in the lessons as much were once only delivered through an
off, the School engaged the students, as possible. This has not been easy. advocate. It therefore makes sense for
in seeking their views on e-learning. Students have also had to adapt the students at the ATP to acquaint
There was some obvious opposition, because unlike in a physical class, they themselveswith general online skills
but this was expected. have to be more proactive in engaging as they interact with lecturers and
Doubts abound on how a clinical the lecturer. In my experience some other students online through the
program could be delivered online. chat sessions after class have been virtual platforms used at the School,
Some students were apprehensive positively engaging especially where laying the foundation for what awaits
that they would get a raw deal. the student was unable to raise their them when they are admitted to the
These fears were understandable question during the virtual class. This Bar.
considering the School had never goes to show that the prudent student
embarked on e-learning before.As will still find ways to connect with
for the teaching staff, apprehension their lecturer despite not being in the To sum up everything that has been
was also rife. E-learning meant that same physical space with them. stated so far, Covid -19 has been a
new skills had to be learnt, and a gift and a curse. The pandemic has
re-evaluation on how to deliver on not only forced us to change how we
the objectives of the course using It should be mentioned that the operate on a day to day basis, but it
a virtual platform was necessary. students also embraced the online has also forced us to find solutions
But these challenges were but mode of teaching positively, despite to doing things faster and in a more
minor setbacks and new found the difficulties of poor network efficient way. It has forced us to think
opportunities for growth. connections, noisy environments and outside the box for solutions that we
lack of virtual etiquette from a few may have never considered before.
students.Overall it can be said that This actively demonstrates that the
In response to this, the School the online classes have been largely human spirit can be dimmed but
prioritized the training of students successful considering the Covid -19 never put off. That life must go on
as well as the teaching staff, which situation.With the contemplation and go on successfully!
went on successfully.Lecturers and that we may never have physical
students all jumped on board the classes as we had before Covid-19, the
e-learning bus with ease. There options available are still effective and Fredd Wakimani is an Advocate of the High
were a few hiccups sufficient for the ATP program. Court of Kenya and a Senior Lecturer, at the
Kenya School of Law
Justice Newsletter Volume 4 Issue 1 |2021| 6
Impact Of The Covid-19 Pandemic on Academic Services
at the Kenya School Of Law: An Insider’s Perspective
By Lawrence Ndirangu
T
he Academic Services depart- The examination processes which In spite of the School extending
ment plays a central role in is a necessary step in a student’s scheduled admissions deadline for
the relationship management career progression were adversely both Paralegal Training Programme
of a student, as an administrative affected. During the early stages of (PTP) and the Advocates Training
function of the School. This entails the pandemic when the nature of Programme (ATP), the School
management of student the coronavirus was still unknown, enrolment in the 2020/21 academic
administrative services. They the School made the decision to year has recorded a decline in
include professional services such temporarily avoid in-person contact number of applications received. In
as recruitment, admissions, resulting in postponement of the the Paralegal programme for the
enrolment, student affairs services, Diploma in Law (Paralegal Training 2020/21 academic year the School
counselling examinations and Progremme) examinations which received 163 applications for
administrative support. were moved from April 2020 to admissions as compared to 211 in
October, 2020. 2019/20. By the time of writing,
the School had received 1704
Academic services as a social applications for the 2021/22 ATP
process involves a certain degree As Covid-19 continues to spread intake as compared to 2034
of in-person engagements in the rapidly across the country its applications received in 2020/21
office environment. The nature secondary effects pose fundamental academic year.
of the School’s academic services challenges to the student
administrative work is mostly administration services which lie
office-based as most of the roles at the heart of academic service The Covid-19 pandemic has
involve face-to-face contact with activities. The pandemic has resulted amplified the need to accelerate the
the various clientele (i.e. lecturers, in significant loss in investment in the digital transformation of the School
students, prospective students, and School’s business process automation infrastructure beyond the virtual
parents). Thus, the performance of initiatives such as the suspension of teaching. Mindful of the risks in
these functions has undoubtedly the fingerprint biometric attendance paper-based processes, the School is
been impacted by the COVID-19 system used in recording of student currently exploring the possibility of
pandemic. and staff attendance. The concern was moving the entire admission process
that the use of finger scanners entail online right from application to
multiple touches, posing potential selection and enrolment through
With the COVID-19 pandemic transmission risks. Consequently, provision of an integrated Enterprise
forcing closure of institutions and the School has reverted to the use Resource Planning (ERP) System-
a ban on group gatherings since of manual attendance tracking based online admission portal. The
16th March 2020, following the upon resumption of limited in-class online portal will allow prospective
presidential directive on COVID-19 attendance of second year paralegal students to electronically place
protocols, the School like other students. This is laborious and their applications to join the School
academic institutions scaled down ineffective in data analysis for and also allow processing and
in-person service engagements as decision making. evaluation of these applications by
an attempt to curb the spread of the the admissions team. The online
virus. Relatedly, the impact of the The closure of secondary schools admission management process
containment measures prescribed and university schools of law seeks to address the concerns such
by the government such as cessation due to Covid-19 containment as reduction of human involvement,
of movement between counties measures interrupted their academic and paperwork in the admission
and restriction of numbers in programmes resulting in an adverse process which are risk factors in the
social gatherings, has impaired the ripple effect to the School traditional spread of coronavirus. Similarly, the
offering of in-person administration admission dates and the number of online portal aims to maximize the
services applicants. availability, transparency, accuracy,
Justice Newsletter Volume 4 Issue 1 |2021| 7
reliability and productivity of the providing psychosocial support to hand-washing,temperature-screening
School admission process. students through webinar counselling and wearing of facemasks. There is no
sessions, recording of classes and denying that the Covid-19 pandemic
study group meetings and sharing of has upended business as usual for the
Video conferencing technology is documents using Google Meet and School, with its significant disruption
not a new idea but its use in the Microsoft Teams video-call services. to delivery of School academic
pre- Covid-19 era at the School as a services.
tool to communicate both internally
and externally with clients was low. To mitigate limitation on social
However, the pandemic has caused gathering and for continuity of Nobody can quite foretell when and
an accelerated diffusion of this learning, the School made provision how things will return to normal,
technology for providing services for data bundles for online learning, if indeed they will. But true to the
remotely making virtual team adopted paperless initiatives of proverbial saying, ‘every dark cloud
meetings a desirable alternative paper to digital conversion through has a silver lining’, the pandemic
to face-to-face meetings. The most an integrated scanningand email has catapulted the School, into new
notable characteristic of this system and social media platforms in forms of service delivery that have
technology is that it provides managing student–School forced new and innovative online
convenience and flexibility to communication. In an effort to techniques to engage with our clients.
lecturers and students, especially suppress predisposition factors to While so much is still unknown about
in scheduling online meetings COVID-19 infections at all the Covid-19 pandemic, the current
regardless of location with cost client-facing service points, the school enhanced uptake of digital technology
savings due to lower travel costs and has put in place preventive responses services at the School portrays good
travel time. In addition, these online such as display of posters, promoting fortunes in ensuring the continuity of
platforms have been effective in respiratory hygiene, our academic service engagements.
Lawrence Ndirangu is the Senior Officer,
Academic Services at the Kenya School of
Law
A Kenya School of Law staff attending to a student
Justice Newsletter Volume 4 Issue 1 |2021| 8Delivering Continuing Professional Development Programmes
Despite Covid-19 Challenges
By Isaac Simiyu Kuloba
S
olutions to human problems Audit in Human Resource A public institution that wishes to
more often than not require Management; The In-House Lawyer engage the School to carry out legal
triggers. This is partly the and the Procurement Process; Tax or governance audit, regulatory
basis of a saying that “necessity Compliance for Lawyers; Public impact assessment or any other legal
is the mother of invention.” The Policy and the Legislative Process; consultancy may write a letter to the
announcement by the President Trial Advocacy, and Legal Audit and School requesting for those services
of the Republic of Kenya that Compliance (in collaboration with the on given terms of reference. A
there would be partial lockdown Law Society of Kenya Young Lawyers proposal would then be prepared and
of the country with effect from Committee). provided in response to the request.
15th March 2020 appeared to This procedure as an exemption
cast a dark shadow of doubt on to the requirements of the Public
the School’s ability to continue We intend to continue with physical Procurement and Asset Disposal Act,
mounting trainings for Continuing training while ensuring that the No. 33 of 2015 is provided in section
Professional Development (CPD). Government’s protocols on health 4(2) (c) on services provided by a
Triggered by the detection and safety of the participants are government ‘department’.
in Kenya of the severe acute observed.We shall also continue
respiratory syndrome (SARS) offering online courses (lasting 1-2
viral respiratory disease now hours) or customised to a client’s The CPD Division is focused on
simply referred to as Covid-19, needs, and may take up to 4 days. completing the delivery of courses
the lockdown meant that regular The approach of offering online that are lined up till end of June,
physical meetings for training courses is in cognizance of the reality 2021. The training calendar may be
would be suspended immediately. that the Covid-19 pandemic could accessed on the School website at
persist. There is also, independent www.ksl.ac.ke. The training calendar
of Covid-19, the need to embrace for the financial year 2021/2022 will
With the change in the operating diversity in delivery of courses to be available on the School website
environment in mid-March, the CPD meet the changing needs of the by 31st May 2021. Through the ICT
Division quickly shifted its focus client, especially the need to integrate department, the School is in the
to innovative training products technological innovations in delivery process of establishing an online
that could be delivered through of services. booking and reservation portal that
the online platform and hence in will ensure that customers apply for
May, July and August 2020, a few training online, and are able to register
online courses were undertaken. The School has, through the CPD for courses and attend without much
The CPD calendar of courses that Division, continued to undertake physical documentation. The portal
ran from July 2019 to June 2020 consultancies for both the public will enable the Division to monitor
was therefore not concluded in and private sectors. CPD is enrolment and payment for courses
the last quarter of the financial delighted that during the period in a more efficient and effective way.
year 2019/2020.Nonetheless, as we of partial lockdown, we were This is an overdue milestone which
prepared for the current financial able to complete a consultancy on will add another feather of success to
year 2020/21, we purposed to restart regulatory impact assessment of the CPD programmes.
physical training in September, draft regulations on behalf of a state
which was realised so successfully corporation under the Ministry of
to our pleasant surprise! Between Agriculture, Livestock, Fisheries I wish to thank the CPD team for their
September to December 2020, we and Irrigation. We have also hard work, professionalism and unity
conducted training in Mombasa, recently concluded some legal and exhibited in ensuring that the objectives
Naivasha, Kisumu and the School’s governance audit consultancies and of the Division and the School at
Karen Campus that were well there are others that are currently large are realised.The team is made
attended. The courses included ongoing. These consultancies up of Isaac Kuloba (HoD), Dr. Erick
the following: Andragogy for Law have been undertaken by taking Komolo, Mr. Samuel Akhwale, Mr.
Lecturers; Introduction to New advantage of technology in data Kefa Simiyu, Ms. Ann Waithira, Ms.
Land Regulations; Legal Audit and collection and interviews using Naserian Sitelu, Ms. Jacqueline
Compliance; Legal Compliance and virtual platforms. Mararo and Ms. Christine Mwanza.
Justice Newsletter Volume 4 Issue 1 |2021| 9This team ensures that the training
and consultancies undertaken by
the Division meet the threshold
of quality and relevance, and
also meet customer expectations.
The Division is in the process of
reorganization to ensure that it
takes advantage of the diverse and
rich human resources to expand
on the products and services that
can be processed and marketed in
the Division.
Finally, we constantly seek
feedback from our customers
on the services provided by
the Division. We request our
customers and potential customers
to respond to online surveys that
we send to them from time to time
in order to help us to improve
service delivery. In-house Training for the Kenya School of Law Finance department
Isaac Simiyu Kuloba is an Advocate of the
High Court of Kenya and the Assistant
Director in the CPD Department
Participants of the Legal Audit and Compliance Course organised by Kenya School of Law’s
CPD Department in collaboration with the Law Society of Kenya
Justice Newsletter Volume 4 Issue 1 |2021| 10Andragogy Training: Effective E-Teaching
By Ann Githinji Ng’ang’a
E
very year, Kenya School of 2020 training did not include that the onset of digital learning is
Law’s (KSL) Continuous participants from outside the irreversible and significant in its
Professional Development, School fraternity..From the onset, impact. It is therefore imperative
Projects and Research (CPD, P participants were reminded to to establish measures to align
& R)Department conducts an observe safety measures, i.e. properly teaching to optimise digitalisation.
Andragogy Training to equip wear a mask,wash hands or sanitise, She urged participants to embrace
educators, including lecturers and and observe social distance. The digitalisation in delivery of
trainers, in Andragogy related hotels in which the participants learning because it comes with
skills and capacity building. trained and resided had also taken its advantages. For example, ICT
The training has secured the cautionary measures. places a bigger obligation on the
attendance of participants from lecturer to equip students with far
both the public and private more superior ability to research. It
sector. Key participants in this The Covid-19 pandemic that hit calls for change in our examination
training are lecturers drawn the world since late 2019 has had methods from the traditional to
from the Advocates Training significant impact on the education open book. Instead of committing
Programme and Paralegal sector. The Government’s safety knowledge to memory and
TrainingProgramme(ATP &PTP) measures introduced to intervene regurgitating in a two-hour exam,
Department. The collaboration included closure of education we shall be refocusing students’
between CPD and ATP &PTP has institutions. Indeed, the government ability to look for information and
seen to it that the lecturers benefit only recently permitted the physical engage it critically. She observed
from the annual training. reopening ofschools, and even then, that there are indeed challenges in
in gradual phases. The implementing e-teaching. Some
theme of 2020’s Andragogy course of the challenges include integrity
Last year’s Andragogy Training was conceptualised against this concerns, say, where one cannot
adopted a theme of e – teaching. background, upon observing that confirm the actual attendance of
Titled, Andragogy for Lecturers: many educators had been caught students; inequity because some
Methods and Skills for Effective unawares by the pandemic and students may not have access to the
E-Teaching, the training featured compelled to commence e-teaching internet, and costs incidental to ICT
relevant topics that focused without sufficient training or skills. such as infrastructure and system
on enhancing the participants’ As a result, there were likely gaps related costs. However, the benefits
knowledge and skills in effective in effectiveness of transmission of digitalisation far outweigh its
lecture delivery and specifically, in of knowledge from the lecturer challenges. In her closing remarks,
e-teaching. The three-day course to the student in the e-learning the Commissioner identified
ran from 14th to 16th December environment. strategies that can be considered
2020 and was held in Naivasha. in applying ICT; some are that ICT
In addition to participants from should be used to meet the needs
ATP &PTP, the training attracted The training began with a keynote of both the student and the teacher,
participation of members from address by Dr. Mercy Deche, at the and that the e-teaching platforms
other departments, namely the time a Commissioner with the Judicial should be easily accessible, user
Academic Services, Library Service Commission titled “Beyond friendly, transparent, interactive
andInformationServices and ICT. Publish or Perish, Digitize or Die”. In and attractive to students and
Unlike previous years training, her address, Dr.Deche observed lecturers.
Justice Newsletter Volume 4 Issue 1 |2021| 11Her observations were reiterated how to conduct effective Online from the KSL heads of departments
throughout the course by the Assessments and Feedback and the Chief Executive Officer,
subsequent facilitators. Drawn mechanisms. Internet and data Dr. Henry Mutai, who observed
from a pool of highly qualified governance considerations in an that E-learning is irreversible and
and experienced trainers and e-learning environment were therefore all efforts need to be
scholars in education, law and examined too. The discourse was made to ensure that it is conducted
(ICT), the facilitators discussed intended to equip participants with effectively and seamlessly. On
relevant topics on effective skills on effective e-teaching and the social side, participants got a
lecture preparation and delivery; online assessment. It was also chance to catch up during a
matching learning objectives intended to enhance the support cocktail party. The caution from the
to teaching methods, and adult skills of participants from the Covid-19 restrictions dampened an
learning principles. Further, Academic Services, Library and ICT otherwise merry moment. That
participants were sensitised on the Departments in order to provide a said, the getaway from the hustle
critical role of research ethics, for seamless e-teaching environment. and bustle of the city provided
the learner as well as the lecturer. Moreover, participants were guided a moment to refresh and return
These topics were tailored to on how to address the technical rejuvenated. Our return to Nairobi
provide a necessary foundation for challenges, specifically, ICT related was uneventful. We thank God
new lecturers on how to effectively challenges which they face during e– for the journey mercies and care
train adult learners. They also teaching, and we got an opportunity throughout our stay.
served as a refresher course for the to draw lessons from other learning
lecturers who have been teaching. institutions on their Covid-19 The feedback received from par-
With specific regard to e-teaching, adaptation. The training wound up ticipants was that the training had
the facilitators discussed how to with a practical session in which an been enlightening. We look for-
effectively integrate E-Learning online lesson on Trial Advocacy was ward to this year’s!
in teaching courses; utilisation of simulated.
Learning and Content Manage-
ment Systems (LCMS), and The training concluded with remarks
Ann Githinji Ng’ang’a is an Advocate of
the High Court of Kenya and a Lecturer
at the Kenya School of Law
KSL Academic staff during the Andragogy 2020 training
Justice Newsletter Volume 4 Issue 1 |2021| 12Train with
Experts
THE KENYA SCHOOL OF LAW ISO 9001:2015
CONTINUING PROFESSIONAL DEVELOPMENT(CPD)
CALENDAR OF COURSES/SEMINARS: JULY 2020-JUNE 2021
NO. COURSE TITLE DURATION DATE FEEKSHS (INCL. VENUE
16% VAT)
1. LEGAL AUDITS: KEY CONSIDERATIONS 1 DAY 1 13 JULY 2020 2,000.00 ONLINE
2. PATENTS & COPYRIGHTS: TRENDS & 1 DAY 20 JULY, 2020 2,000.00 ONLINE
OPPORTUNITIES
3. LEGAL COMPLIANCE IN ICT 1 DAY 22 JULY, 2020 2,000.00 ONLINE
4. MASTERING LAWYER BUSINESS PLANNING SERIES 3 AUGUST, 2020 2,000.00 ONLINE
5. OVERVIEW AND IMPACT OF THE INCOME TAX BILL 1 DAY 18 AUGUST,2020 2,000.00 ONLINE
2020
6. PUBLIC PROCUREMENT LAW AND REGULATION: 5 DAYS 31 AUG-4 SEPT, 2020 57,500.00 KSL, KAREN
UNDERSTANDING RECENT CHANGES
7. INTERNATIONAL COMMERCIAL DISPUTE 2 DAYS 10-11 SEPT, 2020 23,800.00 KSL, KAREN
RESOLUTION
8.
1 Note: “1 Day”, forPROCUREMENT
MANAGING online training, means theSYNERGY
RISKS: duration of 2 hours. 5 DAYS
21-25 SEPT, 2020 88,000.00 NAIVASHA
BETWEEN LEGAL & PROCUREMENT SERVICES
9. ESSENTIALS OF TRIAL ADVOCACY The Kenya School of Law- CPD 2020-2021 Page 1 of 5
3 DAYS 23-25 SEPT, 2020 34,700.00 KSL, KAREN
10. LEGAL AUDIT AND COMPLIANCE 5 DAYS 28 SEP-2 OCT. 2020 92,000.00 MOMBASA
11. THE BILL OF RIGHTS, DATA PROTECTION AND THE 4 DAYS 6-9 OCT, 2020 70,400.00 NAIVASHA
LAW
12. IMMIGRATION & LABOUR LEGISLATION & 3 DAYS 14-16 OCT, 2020 34,700.00 NAIROBI
POLICIES IN THE EAST AFRICAN COMMUNITY
13. PUBLIC PRIVATE PARTNERSHIPS 5 DAYS 19-23 OCT, 2020 88,000.00 NAIVASHA
14. MONITORING AND MANAGEMENT OF 5 DAYS 26-30 OCT, 2020 92,000.00 MOMBASA
REGULATORY COMPLIANCE
15. BANKING AND THE THREAT OF CYBER CRIME: 5 DAYS 2-6 NOV, 2020 88,000.00 NAIVASHA
LEGISLATIVE AND POLICY OPTIONS
16. PUBLIC SECTOR HR AUDIT AND LEGAL RISK 5 DAYS 9-13 NOV, 2020 92,000.00 KISUMU
MANAGEMENT
17. BOARD OPERATIONS AND PROCESSES 5 DAYS 16-20 NOV, 2020 92,000.00 MOMBASA
18. 2ND KSL ANNUAL CONFERENCE: “LAWYERS, 2 DAYS 23-24 NOV, 2020 6,000.00 KSL, KAREN
CONSTITUTIONALISM & GLOBALIZATION”
19. ANDRAGOGY FOR LECTURERS: METHODS AND 3 DAYS 2-4 DEC 2020 54,000.00 NAIVASHA
SKILLS FOR EFFECTIVE E-TEACHING
20. CORPORATE GOVERNANCE AND THE LAW 5 DAYS 7-11 DEC, 2020 95,000.00 NAIVASHA
21. CERTIFICATE IN LEGISLATIVE DRAFTING 9 WEEKS JAN/FEB, 2021 295,000.00 KSL, KAREN
22. RISK MANAGEMENT FOR LEGAL ESTABLISHMENTS 1 DAY 19 FEBRUARY, 2021 5,000.00 ONLINE
The Kenya School of Law- CPD 2020-2021 Page 2 of 5
Justice Newsletter Volume 4 Issue 1 |2021| 13Library: An Important Resource During the Covid -19 Pandemic
By Agnes Mwai
T
he sudden and unexpected They were required to respond infection curve seemed to flatten,
outbreak of the novel to the invitation by completing the government lifted restriction
coronavirus disease the process remotely after which for movement and announced that
challenged the ways library used they would have full access schools and institutions of higher
to function worldwide. Kenya to all the material uploaded. learning could open for physical
reported its first positive case of the learning. The School library opened
novel coronavirus (Covid-19) on ii. For the same students, the reading space for its users while
12th March 2020. This was followed individual ProQuest accounts still observing the set guidelines by
by the government announcement (Ebrary) were created and the World Health Organization.
to close all schools and institutions activated to enable access and
of higher learning in the county. download of eBooks.
iii. For the ongoing ATP students, The following are our operating
individual off campus login guidelines for the Library and
As a result the Kenya School of Law credentials for access to Information Services department
(KSL) had to suspend all Advocates e-resources were sent to their during the Covid-19 period:
Training Programme (ATP) and specific email address.
Paralegal Training Programme Maximum numbers of users in the
(PTP) lectures indefinitely from On 6th April 2020 the government library
16th March 2020. However, placed some counties in partial
because libraries are an important lockdown to contain the spread of the i .In order to observe physical and
institutional resource, they remained virus. However, the lockdown came social distancing, a limited
open from 9.00am to 4.00pm on with severe consequences which number of users are allowed
week days; strictly for borrowing presented unique challenges in the in the Library at any given time.
and returning of books but not for provision of library and information The numbers are restricted to
sit and study. Other library services services. This forced not just students one person per table; allowing
were offered virtually. but also librarians to adapt and adopt the library to host about 50 users
technology as a viable and valuable at a time. Any user who fails
option to ensure fulfilment of the core to adhere to the set physical
When the indefinite suspension of School mandate. distancing is requested to
all ATP and PTP lectures happened, leave the library building.
Library and Information Services The suspension of in-person services
department was in the middle of and access to physical collections Ensuring Hygiene within the library
conducting an Information Literacy at the institutions’ libraries left
and Competence Training (ILCT) the students, faculty and library All library users are
for ATP students.This meant professionals with consideration of expected to observe the following
suspending the training too.The adopting the technology which is the hygiene regulations
department took an immediate only way out in this challenging time. i. Mandatory sanitizing at the
initiative to facilitate remote access The Kenya School of Law library staff entrance to the library buildings
to library services for business demonstrated their skills, empathy ii. Mandatory wearing of mask in
continuity during the period as and flexibility during lockdown the library
follows: to respond to the rapidly evolving iii. Windows to remain open
situation. In the circumstances, online throughout to maximize
i. Students whose ILCT training communication became an essential ventilation inside the library
dates were slotted between 16th and dynamic platform to connect and iv. Keeping surfaces clean,
and 19th March, 2020 and serve the targeted users. including tables, chairs and
therefore not trained received library computers
invitation to the Box platform. v. Clean and disinfect frequently
In July 2020 when the pandemic touched items (door handles,
Justice Newsletter Volume 4 Issue 1 |2021| 14shared desks, keyboards and
front desk counter).
vi.Payments for library overdue
fines to be made via MPESA
only
vii.Physical and social
distancing is ensured in
staff working areas
Safe Handling of Materials
i. All returned library books are
quarantined for 7 days.
ii.Hand sanitizer is availed to
all the Library staff handling
library books
iii. Library staff work in shifts
in provision of services Kenya School of Law’s Library Electronic Resource Centre(ERC)
iv. All user advisory services
(reference, consultation and
research assistance) is
provided using online
techniques
v. Continued promotion of online
services and resources in
order to limit numbers looking
to visit the library
vi.Communicate clearly about any
new rules to library users,
both online and onsite, and
provide regular updates
Conclusion
The School Library has continued
working hard to provide access to
collections and services remotely,
investing time and effort in
ensuring that there is no disruption
in access to electronic resources and
systems. User support services have The reading space in our Town Campus Library
continued both on site and remotely
through social media, mobile phone
calls and emails.
Agnes Mwai is the Principal Librarian at
the Kenya School of Law
Justice Newsletter Volume 4 Issue 1 |2021| 15Organizational Resilience in the Face of Covid–19 Pandemic
By John Malombe
T
he origin of the Corona virus duties to determine those duties that hospitality section procured and
disease, now popularly could be carried out in the office and installed sanitizer cans at all entry
known as Covid – 19 is those that could be undertaken at points.We also ensured that there
still unknown. However, the first home.In addition to this, the use of was sufficient water and soap in the
outbreak occurred in Wuhan, touch-based fingerprint biometric various convenient points for use by
Hubei, China in late 2019. Thanks system was temporarily suspended the staff, students and visitors. In
to globalization which permits to avoid the likelihood of infections addition, thermo guns were acquired
rapid movement of people from one through this medium. and put to use at various entry points
corner of the world to another, the to ensure that all persons entering
virus spread very fast to other parts Further, to ensure that training the School premises had their
of the globe. programs continued without much temperatures taken. The staff were
interference, the Academic Services, always reminded to stay at home
ICT, ATP and PTP departments chose in case they experienced Covid-19
In Kenya, the first official case was a digital platform on which lessons related symptoms and how to
reported on 13th March, 2020 by could be carried out virtually. This contact health personnel for further
the Health Cabinet Secretary, Hon. transition required retooling of our attention and help.
Mutahi Kagwe. This announcement training services and the related staff
set the country in the state of panic. to be able to conduct lessons virtually
The government issued various without much challenge. In this To ensure that the workplace remains
advisories that needed to be adhered regard, training sessions were held for as safe as possible from Covid-19,
to in an attempt to contain the the ATP and PTP staff to equip them regular fumigation and disinfection
spread of the virus in the country. with the necessary skills accordingly. programmes have been put in place
Consequently, businesses closed Covid–19 came with adverse to ensure a virus free environment.
abruptly which meant instant job psychological challenges. The stress In conclusion, it is important to
losses across various sectors of the and anxiety caused by the sudden note that Covid-19 still remains a
economy. The circumstances disruption of social order and also global reality. New variants are
required that organizations come having loved ones infected by the being reported in various parts of
up with innovative ways to ensure virus called for measures to be put in the world. Countries all over the
continuity in the face of the raging place to deal with staff psychological world are rolling out the vaccination
global disaster. needs. The department organized programs. Our staff are being
regular webinars through which staff encouraged to take the vaccine in
were equipped with life skills and addition to the measures that have
In the School, a number of measures knowledge on how to navigate the been put in place in hope that lasting
were instituted to ensure business Covid-19 era. solution to the pandemic will soon
continuity while safeguarding staff be found.
health safety. To start with, we had
to address the issue of physical Most importantly, communication
distancing among staff in line was up scaled. The staff were updated Finally, Dr. Steve Maraboli, a
with World Health Organization’s on Government decisions with regard globally renowned motivational
(WHO) guidelines. To achieve to Covid -19 control measures in the speaker, while commenting on the
this, we quickly embraced the shift public sector institutions. raging pandemic says, ‘Life doesn’t
system. Heads of departments were They were also informed of the get easier or more forgiving, we get
advised to develop flexible duty hygiene measures that they needed to stronger and more resilient.’
rosters which guaranteed that only observe in order to limit the spread of
a small number of staff were in the the disease. These included; regular
physical workspace at any one given hand washing and sanitizing hands
time. in the absence of water. John Malombe is the
Over and above the shift system, the Assistant Director, Human Resource
heads of departments undertook an To ensure that these hygiene measures and Administration at the Kenya School
assessment and disaggregation of are followed, the School through the of law.
Justice Newsletter Volume 4 Issue 1 |2021| 16Risk In Procurement Process
By Mariam Mahmoud
R
process along.
isk is exposure to loss as a 2.Poor vendor selection It is important that all stakeholders
consequence of uncertainty. For smooth –running operation, you involved in the procurement process
There are a variety of risks need a reliable and stable source are involved throughout the cycle.
faced during the procurement of supply.The risks of poor vendor This include:
process. When procuring goods, selection include: √ Preparation and submission of
works and services, it is important √ Low quality products procurement plan for consolidation
to consider the risks attached √ The vendor might not deliver to supply chain management
at every stage, from unreliable what they say they can √ Giving the right estimate costs in
vendors to late deliveries, risks √ The supplier might not deliver on the procurement plan
of poor procurement are diverse. time √ Preparing and submission of the
Procurement can be challenging, √ The vendor might not uphold Terms of Reference, Samples and
especially with so many potential the correct ethical standards Bill of quantity together with the
risks littered along the supply chain. √ The supplier could be requisition in good time during
Luckily with a little forethought, non-compliant implementation
the supply chain management team √ Participating in the evaluation
can plan ways to manage the risks exercise when required
within the procurement system. 3.Disorganized vendor management √ Participating in the Inspection and
The most common procurement To prevent mishaps due to acceptance exercise
risks include: breakdowns in vendor relationships
you may need to assess the following
risks: CHECKLIST OF POTENTIAL
1.Inaccurate internal needs √ Communications and supplier RISKS- GOODS AND SERVICES
analysis buyer relationship PROCUREMENT PROCESS
When a department identifies the √ In house supplier processes you
need for a product or service, it kicks may have to work with I. Identifying the need and planning
off the procurement process. At this the purchase
stage, the risks are obvious and II. Developing the specification
include: 4.Non compliance III. Selecting the procurement
√ Overstatement or understatement Issues of compliance is key and method
of the need any supplier who misses on the IV. Purchase documentation
√ Unrealistic timescales and compliance which are mandatory V. Inviting, clarifying and closing
schedules with government regulations can offers
√ Inadequate budget expose a procurement entity to a very VI. Evaluating the offers/bids received
√ Poorly designed requirements, big risks, This should be addressed at VII. Selecting the successful bidder
the time of evaluating bids documents VIII. Contract Management
While it’s obvious that these risks at the beginning of the exercise, IX. Evaluating the procurement
result in wasted time and money, the process
real problem lies in their knock-on
effects 5.Delays in procurement
Incorrect forecasting or estimates Constant mistakes in the procurement From the above examples, it is evident
costs at the beginning of the process lea to delays as your that risk in procurement process
procurement process may cause a procurement team is constantly is broad and with emerging issues
chain of incorrect decisions down tasked with fixing problems rather in procurement risk can still be
the line. than moving procurement encountered.
Justice Newsletter Volume 4 Issue 1 |2021| 17You can also read
