Advocates Training Programme
How to Moot
After receiving your moot problem, generated by the Manager Legal Clinics, Class Supervisor or Lecturers; the Counsel, within their respective firms, will first read and understand it. They should read the problem as though they are appearing for the opposite side. Set out arguments and think about points they might raise. Then read the problem from their side, and think of their arguments. The Counsel are expected to make notes. The notes are expected to identify the problem and the attendant legal issues.Moot problems are written to challenge existing rules with either dubious legal dicta or with baffling fact patterns. Counsel should not seek to challenge the facts, nor should they seek to invent facts to fill the spaces. They should find out the grounds upon which their cases will be argued.
Sources of Law
Counsel are expected to know their sources of law. Counsel should familiarize themselves with the following sources of law:-
iii. Caselaw; Counsel are encouraged to bring into Moot Courts statutes
iv. Law Reports Statutes
v. Westlaw, LexisNexis, or actual reports and volumes
vi. Law textbooks
• Both academic and practitioners textbooks
vii. Journal articles
• Like academic works, that shed a great deal of light on theoretical problems, but unlike textbooks they are often the most up-to-date texts on legal problems and frequently refer to specific unresolved areas of the law.
viii. Law library
ix. Law lecturers
• At the Kenya School of Law, you will be speaking to the thinkers at the forefront of the law.
During residential training, the Manager, Legal Clinics shall organize legal aid outreach matters programmes to prisons and public camps in various parts of the country. In the outreach programmes, students get to interview live clients under the supervision of lecturers. Students are encouraged to participate in these programmes to develop client care and interview skills.
PASSING THE COURSE
To pass the course, a candidate must score at least 50% on the aggregate of the project work, oral examination and written examination. In addition one must satisfactorily undertake the supervised pupillage programme.
Upon successful completion of the ATP program and full fulfilment of pupillage, students are required to pick a clearance form from the Academic Services Department and clear with the various departments at the School. Upon returning the clearance form and ascertaining that all examination units have been passed students are issued with a Compliance Certificate within a duration of one month after which follows gazettement and subsequent admission to the Roll of Advocates as Advocates of the Supreme Court of Kenya by the Chief Justice.
Where a student fails to score the 50% pass mark at the first sitting, he/she shall be eligible to take another four re-sits within two academic years. This is exclusive of the year of study. Re-sits will normally be in June of each year but may also be taken during the December examination of every academic year. For purposes of re-sits, the marks scored in the project work and oral examination, during the year of study shall be forfeited and to pass the re-sit one must score 30 out of 60 marks.
1. A student who is not satisfied with the grade which he/she has been awarded in any subject may appeal to the Director for re-marking of the written examination paper subject to payment of the requisite fee which the School shall determine from time to time. The grade and mark recommended by an independent examiner after re-marking shall be the final grade and mark awarded to the student for the subject.
2. No appeal for re-marking of any unit shall be entertained in cases where the appeal has been submitted later than one month after the student has been notified of the mark.