Professional Documents
Culture Documents
3. Identify key policies regulating the education sector in Kenya: highlight key
provisions
Sessional paper No 12 of 2012
Sessional paper No 1. 2005
Vision 2030 social pillar , education is the fifth factor of production and
therefore the state should provide resources for the implementation of
education more so mandatory basic education for its citizenry. Article 21
obliges the state to implement through policy and legislations the rights listed
in Article 43 on of which is the rights to education.
4. What are the aims of the legal and policy framework of education in Kenya
The legal policy framework is aimed at making education
RULE
1.Constitution of Kenya 2010 has provisions for the right to education this is
categorically provided for in Article 43 and the state is obligated to provide for
mechanisms for the implementation through policy or legislative measure to
afford this right to its citizenry. Including quality service and to access
educational institutions and facilities for all persons including those with
disabilities. Also access is given to marginalized, and minority groups in all
spheres of life.
5.. Vision 2030 recognizes that education and training is important of all Kenyans and
is a fundamental success of the Vision. In order to realize the national development
role of education is considered to be the fifth production factor technical training is
important as it promotes the progress of the country.
APPLICATION
The different sectors pre-primary education, the government shall implement
free and compulsory ECDE education from 0-3 years and also from 4-5 years
old children, the quality of this education will be provided by trained ECDE
teachers .
When it comes to primary education, Kenya being a signatory to Jomtien 1990
and Dakar Framework for Action, which elucidates on the Millennium
development goals one of which is the provision of formal education.
Secondary education on the other hand has become free more specifically
free day secondary education. This has led to increased enrolment
Special needs education also outlines the constitutional mandate on
accessibility of various resources across all groups of persons, which will
specifically included the access of education by the marginalized groups and
minority groups. The national government is mandated to provide curricula
Quality
RULE
The quality of education should be in accordance to Article 46 since education
is a commodity and a service given by the state.
APPLICATION
The right to good services of reasonable quality, must be implemented by the
state and also by private persons
Relevance
RULE VISION 2030
It should capture the needs of the society and the individual also inclined to
Vision 2030 goals
Also persons
with disabilities
are entitled
to
educational
institutions that are integrated into society. The state also shall take measure
to including affirmative action programs to ensure that the youth have access
to education and training. Minorities and marginalized groups are provided for
special opportunities in educational and economic fields. The state will take
measure to ensure the rights of older persons to fully participate in the
affaires of and society to pursue their personal development goals.
The Placement Board governs the Service. In the performance of its functions,
the Placement Board seeks to promote equity and access to university and
college education, by among other things, developing criteria for affirmative
action, for the marginalized, the minorities and persons with disabilities.
The placement Board also seeks to establish criteria to enable students access
the courses for which they applied taking into account the students'
qualifications and listed priorities.
Both the public and the private universities are members of this service.
ARTICLE 62,63, AND 66
Public land shall vest in and be held by the County Government, such land
may be used to elect public institutions for example schools more specific preprimary schools in counties. The investment should be to promote the and
benefit the local communities and their economies.
ARTICLE 201, 226 AND 227 Haa provisions for public finances and the
utilizations of public monies.
CHAPTER 13 talks about the Public service providers specifically on the
values and principles of public service.
ARTICLE 237,
TSC.
7. Describe the management of various aspects of the education sector in the
context of the devolved system of government.
Schedule 4 outlines the management of by the national government and the
county government of either sector or each sector where the county
government is responsible for the pre-primary education village
poly-techniques and home craft centers and child care facilities. The
national government on the other hand is responsible for creation of
education policies that entail curriculum development issuing of
charters to universities, tertiary education secondary education and
institutions that promote extra-curricular activities.
8. Comment on the appropriateness of the current education system, laws and
policies for the realization of the values and principles of the Constitution and
Vision 2030
The current education system is centered on rote learning where pupils and
student read write and repeat or regurgitate what they have been taught.
This begins at the early onset of education where nursery school children
repeat after the teacher, as if they were chanting some kind of musical
alphabet out loud after the teacher. Vision 2030 seeks to produce and train
individuals who are able to meet its development goals and also the MDG
goals. An entrepreneurial and innovative work force is able to drive any
economic from low production to high production also remembering that
education is the fifth factor of production and therefore its needed to
effectively drive the economy from one state to another.
9. There have been calls for full devolution of education. Do you think devolution of
education will improve the sector? Justify your position
3.
PART
THREE-Regulation
Of
Professional
There is no emphasis on
cultural heritage which actually informs the Kenyan attributes and dogma.
After world war 2 the English government offered a two years of legal training
for those willing to study upon admission to the Bar in England they came
back to the Colony
As the Kenyan economy developed Asians sent their children abroad to study
law upon returning on their return to the colony they became clerks. The first
African Lawyers were trained in India but had to wait a long time before they
were to be admitted to the Bar .
During the Colonial period there were no institutions that offered law locally
one had to travel abroad to become a Lawyer. They traveled to London to join
an Inn of Court and require English professional qualifications.
Due to the
costs involved the English and Asians patronized the Legal profession in the
African Colonies.
The training offered in the Inns Court became unfit since it was only training
lawyers for British protectorates and did not factor in the multiple systems of
law exhibited in these colonies. It also disregarded the role of African
Customary Law.
The certificate in law that followed there after gave an individual locus to
address the Court, this was alluded to in Republic v Theuri
There was no local curricula on the training of lawyers therefore the African
colonies adopted the British curricula wholly
HISTORY OF THE REGULATION OF EDUCATION
Subsequent
to
the
Denning
Committee
Recommendations
1961
CLE and KSL enjoyed a close Symbiotic relationship although the school did
not have a defined legal personality separating it from the council. The school
has always been answerable to the Council and the Governments through the
Attorney Generals office and now the Minister for Justice and Constitutional
Affairs.
The growth of legal education in Kenya started off with The Advocates
Ordinance Act of 1961. It established the CLE and the Kenya school of Law.
CLE lacked in regulation of private institutions offering legal education in
Kenya with the result that such management has unfortunately been self
regulated and under public control. The council is mandated to generally
supervise and control legal education in Kenya in relation to all aspects. CLE
has actually been restricted to controlling the advocates training program at
the Kenya school of law and entry into the legal profession, particularly the
Bar
The status of Kenya School of Law remained uncertain as the CLE fully
delegated its duties to KSL as was established under the Attorney General
Chambers in 1961 as a department of providing legal education on behalf of
the government. The status of KSL remained uncertain, as it was neither a
public entity nor a government department being that it was legally under the
management of CLE.
The Muigai task force 2005 was set up to de-link the Kenya school of Law
from CLE more specifically its form structure and role and functions. In doing
so they reviewed the history of legal education since the establishment of CLE
in 1961. Early on legal education was provided as Articled clerkship in 1965 to
1970 to law graduates in Dar-es-salam It faced out in 1970 to form a post
graduate Diploma being offered at the Kenya School of Law and became a
requirement for admission into advocacy. As legal education grew there was
experienced an overlap of authority between CLE and KSL this led to the 1995
Akumiwi report culminated in the reestablishment of the CLE Act.
CLE was bestowed with legal personality and KSL was made its operational
agent under the Act thus making the council ineffectual. The functions of both
the CLE and the KSL thus became intertwined and confused.
There was also East African MOU to allow advocates to practices within the
east African community
Sort for an order of certiorari to quash the decision of the council of legal
education on the inspection of the law campus
repeal can only suffice when either statute is not specific however as is the
case with these two statutes the doctrine that , a specific statute overrules a
general statute comes into force and therefore the legal education act is a
specific state and should be upheld to this regard unlike the university act
which is a general statute.
A prohibition order to prohibit the council and its employees or agents from
inspecting the university premises towards the full accreditation of the LLB
program being offered , until such time that the council is properly constituted
or until such time that the court determines who between commission of
university and the CLE has power to accredit university programs
The court determined that the additional role of CLE is one of advice, and
therefore CLE may advice the commission of higher education on the
accreditation of institution that purport to offer legal education. the court
looked at the intentions of parliament that , they did not in fact save to state
that the universities act repealed or was a transition of the legal education act
it was such that they are to work in tandem but parallel as to their mandates
were one is specific and the other general and ne is to also advice the other .
Another order of prohibition, prohibiting the council form interfering with the
operations of the applicants s school of Law . In particular the avoidance of
doubt the respondent be stopped from interfering with the ongoing admission
of the students to the applicants s school of law for the undergraduate legal
education and training program.
The court granted an order of certiorari on the first ground of the letter on
admittance
Granted the order of prohibition
Moi University v Council of Legal Education & another 2016 eKLR
Petition 425 of 2015
Orders were granted ant the institution was not closed pending the
determination of the case , CLE ordered Moi law school to come up with a plan
for closure since it had not met the minimum requirement to run a fit for
purpose legal institution as mandated by council of legal education . There is
a tassel between the commission of education and CLE as to who is mandated
to accredit and de credit Institutions the court noted also that the council was
not properly constituted and therefore was actually not in existence also and
that they breached rules of natural justice in specific fair administrative
justice as predicated by Article 47 of the constitution of Kenya .
Private universities on the other hand can be defined as those institutions that
rely heavily on tuition and private contributions. This subsequently means
that the tuition rates are generally higher.
the
role
of
education
in
promoting
economic
and
social
development as was spelt out in Sessional Paper No. 10 of 1965, which was
premised on African Socialism and its application to planning in Kenya. This
necessitated the rapid expansion of the education system to provide qualified
persons replace the departing colonial administrators, and to undertake some
reforms to reflect the aspirations of the country as an independent
6.Outline the law relating to regulation of legal education in Kenya and
identify regulatory institutions. What is the role of CLE and CUE in the
regulation of legal education?
May also make regulations and provisions for the requirement for the
admission of persons seeking to enroll is legal education programs, establish
the critters for the recognition and equation of academic qualifications in legal
education formulate a system for recognized prior learning and experiences in
law to facilitate progression in legal education from lower levels of learning to
higher levels of learning , establish a system of equivalence of legal
educational
qualifications
and
credit
transfers
advice
and
make
Reflection:
What do you think about the philosophy and appropriateness of the legal
education system in Kenya?
To make the student familiar with legal concepts and institutions and with
characteristic modes of legal reasoning.
To acquaint the student with the processes of making law, settling disputes,
and regulating the legal profession.
Lord Denning The very future of law in Africa depends on a proper system of
legal education being established.
Part II establishes
education in Kenya.
The functions of the council are to regulate, license and supervise legal
education providers, advise the Government on matters relating to legal
education and training, recognise and approve qualifications obtained outside
Kenya for purposes of admission to the Roll, and to administer professional
examinations as may be prescribed under section 13 of the Advocates Act.
(3) In the exercise of the right to freedom of expression, every person shall
respect the rights and reputation of others.
3. What responsibilities attach to academic freedom?
a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that
(i) constitutes ethnic incitement, vilification of others or incitement to cause
harm; or
(ii) is based on any ground of discrimination specified or contemplated in
Article 27 (4).
Universities Act 2012
functions shall
(a) have the right and responsibility to preserve and promote the traditional
principles of academic freedom in the conduct of its internal and external
affairs;
(b) have power to regulate its affairs in accordance with its independent
ethos and traditions and in doing so it shall have regard to
(i) the promotion and preservation of equality of opportunity and access;
(ii) effective and efficient use of resources; and
(iii) its obligations as to public accountability.
4.How would you describe the relationship between the state and university
dons especially during
Yes it does the cabinet secretary is advised by the commission which is the
commission for universities.
This commission also develops curriculum for each university and also under
section 29 emphasis on academic freedom both internally and externally in
the institutions affairs were it is also limited to the provisons of Article 27 of
the constitution of Kenya
10.
11.
Comment on the hijab and SDA cases. Do you think insistence on classes
The hijab case is different from the dreadlocks case however similar to the
turban case well it depends what the turban signifies also. A hijab worn by a
Muslim woman or a young lady signifies modesty and respectability it is a
symbol of belief it is a sign of devotedness and a shield from the harsh
realities of the world surrounding them.
WHEN IT COMES TO THE TURBAN, it falls under the same connotations and
parameters of the HIJAB. The turban has to be as a form of religious
manifestation
belief, then the manifestation lies within the interpretation of the HIJAB where
by the wearing of dreadlocks is in fact a religious symbol to the Rasta.
9. What do you think about the quota system of admission to public
secondary schools that disadvantages pupils in private schools? Does this
advance or offend constitutional values? Explain your position.
improve
higher
education
and
management
of
higher
education
Vision 2030 where education is under the social pillar and it is the fifth factor
of production, improvement of innovation and entrepreneurial skill of the
citizenry
who
need
opportunities to all;
them;
Devolve
TVET
to
counties
to
ensure
equal
Promote
private-public
partnership
in
university
education
and
development; and
(f) Institutionalize non-discriminatory practices.
THE CHANGES,