KENYA SCHOOL OF LAW

INDUSTRIAL ATTACHMENT REPORT

LEGAL DEPARTMENT, KENYA SCHOOL OF LAW

KAREN CAMPUS.

LIVINGSTONE ESHIWANI OMUKUBA

DIPLOMA IN LAW

DIP/PL/2021/153

3RD JULYRD JULY 2023 TO 2ND OCTOBER 2023

Table of Contents
1. Executive Summary 5
1.1. Overview. 5
1.2. Major activities carried out. 5
1.3. Tasks/Jobs 5
2. Introduction. 6
2.1. Areas of specialization. 7
2.2. Objective of the attachment. 7
2.3. Scope of the attachment. 7
3. Description of attachment. 8
3.1. Responsibilities 8
3.2. Assignments. 8
4. Impact of the attachment .9
4.1. Skills and qualifications gained 9
4.2. Social conditions 10
4.3. Issues or challenges observed. 11
4.4. Recommendations 12
5. Conclusion 13
5.1. Key conclusions 13

1
 CERTIFICATION

The undersigned certify that he has read and hereby recommends for acceptance by Kenya
school of Law in fulfilment of the requirements for the award of Diploma in Laws.

…………………………………………..

MS. PAULINE MBUTHU

(Supervisor)

Dated this…………………. day of ………………….2023.

2
 DECLARATION

I, LIVINGSTONE ESHIWANI OMUKUBA, do hereby declare that this paper is my own

original work and it has not been submitted at any other institution, University, or institution of

higher learning for the same need.

Student’s signature ……………………………

LIVINGSTONE ESHIWANI OMUKUBA

Date: Submitted this…………………day of ………………, 2023

3
 DEDICATION

This work is hereby dedicated to my beloved family, my lecturers, Colleagues and the Kenya

School of Law fraternity.

4
1. Executive Summary

An attachmentinternship is a temporary position whereby a student or trainee works in an

organization, sometimes without pay, in order to gain work experience or satisfy requirements
for a qualification. An attachmentinternship forms part of the school’s Faculty's curriculum and it
is seen as an integral part, where a student is needed to use their initiative to translate theories
learnt in classroom and to perform assignments in an actual working environment.

1.1. Overview.

An attachmentinternship is meant to instil in the student the right kind of work attitude and
professionalism through interaction with people in the organizations, and observation of their
future roles in industry. Also attachment reduces the on-the-job training requirements so that
they can become effective and productive to their respective organizations much sooner than is
usual for fresh graduates.

As a law student, I got an opportunity to do my attachmentinternship at the Kenya School of

LawMilimani Law Courts Nairobi, attached at the Legal Department Chief Magistrates Court at
the criminal division in Court six, and at the criminal and traffic registry sections from 3rd 22nd
JulyFebruary 202316 to 2nd 1st OctoberApril 202316. My attachment internship was aimed at
challenging me to examine the values of the organization, get involved in the actual work
experience, and to assess my education as it relates to the course work.

1.2. Major activities carried out.

During the attachment period, there were several activities that I carried out. As noted above,
when I first reported at the Kenya School Of Lawto Milimani Court for my attachmentinternship,

5
I was assigned to the Legal Department assigned to Chief Magistrate Court number six in the
criminal division under Principal Legal Officer Ms. Pauline MbuthuChief Magistrate Miss.
Stella Mutuku. Here I was given a range of assignments to work on. These were mostly ongoing
cases that I was required to do legal research, drafting of documents, record management and
following up with matters in court and presenting my findings to my supervisor.

The most outstanding of all the main tasks was the drafting of documents and legal research.
This gave me an opportunity to be able to put into practice what I had acquired theoretically in
the class room setup. It also helped me appreciate communication skills in the legal profession
whereby it came to my attention that legal writing, opinion and drafting is not based on the use
legal jargons but the flow and clarity of thought is what counts for one to communicate with
clients and stake holders in a more efficient manner.

1.3. Tasks/Jobs

On my days in the legal department, I was tasked with helping the Principal Legal officer in
drafting documents and conducting research. I also helped her in maintaining legal files and
record management for proper documentation. I was also instructed by my supervisor to attend
civil Court registries and Legal Education Appeals Tribunal to follow with matters in the civil
division and to also learn how they operated. I had the privilege to interact and learn from the
Court clerks and court assistants in the civil division about the procedure of retrieving files in the
registry.

Through my tenure at the institution, I was privileged to concentrate my focus on the civil
procedure. Here, I learnt in depth the procedure of instituting civil matters in court and all
processes through hearing up to conclusion of the same.

2. Introduction.
The institution, in form of structure, role and functions is a training agency of the
Government in the legal sphere. The School is an independent legal entity by the enactment
of the Kenya School of Law Act, 2012, which provides that the School shall “be a public

6
 legal education provider responsible for the provision of professional legal training as an
agent of the Government”. The key mandate of the School under the Act is to provide
advocates training, paralegal training, continuing professional development, projects,
research and consultancies.

2.1. Areas of specialization.

The school as a corporate body with perpetual succession under the Act is mainly specialized in
providing Advocates Training Programme on behalf of the Council of Legal Education for
persons seeking to be admitted to the Bar. The school also provide paralegal training, continuing
professional development, projects, research and consultancies

2.2. Objectives of the attachment.

Judicial attachment is a structured work experience in a judicial setting during which the student
applies and acquires knowledge and skills. It involves the application of learned skills in an
organization related to the student’s study.

The programme is set forth by the school so that a number of objectives may be achieved, which
will add up to what the students need to have learned by the time they finish their course. One of
the objectives of the programme is to enhance class learning experience through involvement in
legal activities thus enabling students to relate theoretical concepts with practical situations.

Another objective is to develop ability to evaluate issues and situations critically and propose
well considered options and solutions and to provide an opportunity for students to observe real-
life practices and implementation of theoretical lessons and principles. Students will acquire
practical skills and experience working on projects and alongside industry experts.

7
The other important objective is to provide for the opportunity for the institutions to identify
potential employees from among the interns. In general, the programme ensures that students
have the ability to work under minimal supervision and directions to efficiently complete their
tasks.

2.3. Scope of the attachment.

The attachment programme is designed to help students learn more about the legal career, gain
valuable experience to build their resume, to understand the workplace expectations, and to get
to know employers and make a solid network.

3. Description of attachment.

My stay at the Kenya School of Law was quite a learning experience for me. I had the chance to
experience in person all the things I was being taught in class, and I was also given the chance to
perform such duties as discussed below. Every day during the attachment, program provided a
learning opportunity for me.

Responsibilities.

As indicated above, I was attached at the Legal department under the supervision of the Principal
Legal Officer, Ms. Pauline Mbuthu. I was t asked with assisting the Legal intern in a number of
tasks.

A typical day started by me arriving in the office by 8:00Am in the morning. I then proceeded to
check my diary and familiarised myself with previous assignment to confirm whether I was up to
date and new tasks for that day. If there was any assignment from the previous day, I ensured
they are done on time and submit to my supervisor before engaging in the new ones.

The Principal legal officer had so much faith in me that she would in some instances allow me to
handle some of the work including drafting letters, pleadings and attending court registries to
follow up with matters pending before courts and Tribunal. It needed concentration and fluency
in English and Swahili as it is essential in the legal profession for one to communicate effectively
and efficiently.

8
3.1. Assignments.

Every week during my attachment, the Principal Legal Officer gave me assignments to do
research on. These were mostly on-going cases and the most outstanding ones were from
students who have been admitted to the school and those seeking to be admitted in the Advocates
Training Programme based on the requirements for one to be admitted.

From the cases I have handled, it came to my attention that there’s a gap in law regulating the
legal profession. This is because the Legal Education Appeals Tribunal and the superior courts
have always had different legal opinion on the interpretation of the Kenya school of Law Act,
2012 on matters touching the requirements for admission at the ATP. Most of the appellants at
the LEAT have always succeeded in their cases and orders issued compelling the Institution to
admit them for the programme. Consequently, whenever such cases are appealed to the higher
courts, admission for the complainants have always been denied. This is a clear indication that
there’s need to streamline the law in order to mitigate the gap.

4. Impact of the attachment.

All the activities I carried out while I was on my attachment at the Kenya School of Law were all
meant to horn the skills I had and develop new skills necessary in my legal career.

4.1. Skills and qualifications gained.

The tasks I was given to drafting pleadings really helped me sharpen mastery of legal writing and
research skills. It demanded clarity of thought on my part and a good command of written
English or Swahili terminology.

I got a chance to develop my interpersonal skills as well as communication skills. There were
scenarios where I attended court registries where court assistants and clerks would ask totally
irrelevant questions when requesting for files for perusal to determine the status of matters. This
was a clear lack of public speaking skills on their part. It also taught me that I need to have legal
principles at my fingertips always and that I need to cultivate the culture of thinking on my feet.

9
I met different actors and players in my field of study among them established lawyers as well as
researchers. In my interaction with them, I got a chance to grow my interpersonal and
communications skills and got to learn from them ethical legal practices. I learnt that I should be
easy to listen first and very slow to respond until I have what the other person is coming from.

My weekly assignments from my supervisor really helped me develop my legal research and
analytical skills. I got a chance to do my research in the law reports and published books. This is
richly adorned with many legal authorities and experts in my field. This gave me the morale and
zeal to do even much more legal research especially on areas where I felt that there was loop
hole in legal principles applicability.

I also acquired time management skills. I had to report to the premises at 8:00Am in the morning
without being late except in some circumstances. This was necessitated by the fact that almost
every day there was work to be done and thus I was needed to be there on time to handle the
work. Time management is very critical in my field of study as when I attended court registries,
I irealized some lawyers whose files had been called out for hearing but they were no were to be
seen only to appear in the court room 20 minutes later after the files had been set aside. This
taught me that I need to cultivate time management skills if at all I need to succeed in my field of
study.

My attachment at Kenya School of Law helped build a really robust network of professionals in
my field of study and others. It is my feel that this will be of great importance in my future career
progression as these people may come in handy when the time comes for me to seek
employment.

4.2. Social conditions.

All the people I interacted and worked with during my attachment program were all friendly and
willing to direct me where I felt like I needed assistance. My supervisor in particular was a great
source of motivation to me as she was always there to give me tasks to perform and have time to
review the same with me. She would immediately come to my aid when she felt that I was going
astray.

10
My supervisor was always eager to ask if I had any questions or whether there was anything I
didn’t understand. During our one on one weekly sessions with her, she was very willing and
eager to respond to all the questions I had and to give me a sense of direction that I very much
needed. I was meant to feel like a professional although in reality I was but only a student.

4.3. Issues or challenges observed.

There is an old saying that nothing good comes easy. The biggest challenges I encountered in the
legal department is that of record management. The department lacks sufficient mode of record
management system in terms of proper and enough equipment which makes the retrieval of files
and documents difficult by consuming a lot of time when need arises.

Secondly, the current emerging issues and developments touching on the prevailing statutes
concerning admission of students to ATP poses a future threat to the school. This is in line with
the increasing number of cases between the school and its customer. Last year there are two Bills
that were proposed and tabled in the National Assembly, these are The Kenya School of Law
(Amendment) Bill 2022 and Legal Education (Amendment) Bill 2022. The essence of the Kenya
School of Law (Amendment Bill) is to repeal the admission criteria for the
Advocates Training Program (ATP) in the Second Schedule to the Act. Instead, the criteria for
admission would be set under Regulations promulgated by the Council of Legal Education under
the Legal Education Act.

On the other hand, the Legal Education Amendment Bill seeks to place the ATP offered by the
Kenya School of Law and other future providers under the supervision of the Council of Legal
Education. The Bill also paves the way for the licensing and accreditation of other providers of
ATP.

There are two aspects of blueprint shifts. First, the provision of the Advocates Training
Programme by the Kenya School of Law will be subject to external regulation by the Council of
Legal Education. Currently, the ATP is regulated by the internal regulations enacted by the
School under the Kenya School of Law Act. The second aspect of the blueprint shift is the
impending licensing of other providers of the ATP. This implies that the monopoly of provision

11
of the ATP hereto enjoyed by the Kenya School of Law will be brought to an end in the
foreseeable future.

Lastly, there is a gap in terms of personnel under the legal department. This possess a huge risk
to the institution because it attracts backlog of matters in court. This is by the fact that the gap
paralyses the quick operational work flow in handling matters in a timely manner at all court
levels in which the institution is involved. The reason is that the Principal Legal Officer is tied up
in concentrating in the preparation of matters for litigation and at the same time liaising with the
courts in obtaining relevant documents and orders from the courts purposed for appealing in a
timely manner.

4.4. Recommendations.
1. In line with the above observations on challenges within the Legal department, I therefore
recommend that the school take up the challenges and enhance the record management
systems within the department by procuring enough and sufficient filing equipment for
legal registry. This will improve and enhance ease retrieval and management of records.
It will also help in saving time when tracing files or documents in the short time possible.
2. There is need for the Kenya School of Law to assess the implications of the emerging
developments in the current laws and their likely impact on its mission. The prospect of
licensing of new providers presents a new threat to the School’s monopoly as the only
provider of the ATP, which will have a wide ranging effect on the Kenya School of Law.
In view of this, there is need for the Kenya School of Law to reassess the emerging
developments and carry out a risk-analysis of these issues by considering amendment of
the Kenya School of Law Act.
3. Thirdly, the institution through the office of Human Resource and the management
should establish a position of legal assistant in the Legal Department to mitigate the
personnel gap for proper operational and quick work flow in the department. This will
extinguish the danger of experiencing backlog of cases and also save the school time and
resources involved in litigation.

12
 The position will be advertised both internally and externally and shall be filled through a
thorough competitive and open process.

Reporting to the Principal Legal Officer, the job holder will be responsible for the provision of
legal support to the Principal Legal Officer and act as a liaison among internal departments as
well as outside agencies/ institutions.

Duties and Responsibilities

 Filing pleadings at the court registries to ensure efficient and effective representation
of the institution at the courts, hence promoting favourable ruling;
 Updating legal statutes as required;
 Service of the court process;
 Handling correspondence, acceptance and acknowledgement of service of the court
processes on behalf of the Department;
 Ensuring safe custody and retrieval of files within the legal department to ensure
preservation of the legal documents;
 Updating the Legal Department’s Court Diary to support litigation in the
courts;
 Opening files, maintaining records and closing files recommended for closure;
 Typing letters and notices;
 Registration and collection of legal documents at the relevant registries;
 Fix hearing dates in various court registries

5. Conclusion.

An attachment is the best program for the student to grasp hands on knowledge and practical
experience to translate classroom knowledge to real life experience. It helps a student know the
work environment code of conduct in their area of study and equips them with tools necessary
for their career progression.

5.1. A summary of key conclusions derived from the Attachment experience.

13
My conclusion is that there is so much knowledge to be acquired by a student during an
attachment program and therefore it should not be just a onetime program but rather it should be
a continuous program for students during their entire life in school

14
i
Kenya School of law Act no.26 of 2012.
Council of Legal Education Act.