What it takes to practise law in Kenya

CBC Opinion
Victor Ochieng' rolls out career talks.

Basically, law is the body of principles recognized by the State in administration of justice. Law is a set of rules that create and maintain social order. Law is a system of rules and regulations found in the constitution and legal codes enforced by courts. Law dictates how people, businesses, organizations and governments interact legally.

Spheres of specialisation in law include: Administrative law, constitutional law, criminal law, family law, intellectual property law, labour and employment law, security law, civil litigation law, corporate and commercial law, environmental law, immigration law, international law, real estate law, and tax law.

Ideally, a lawyer is a person trained in law. Lawyers give legal advice to clients in lawsuits. Lawyers represent people on legal issues and disputes. They conduct copious research and analyse legal problems. They interpret laws, rulings and regulations. Then, they prepare and file lawsuits, contracts and appeals. Career prospects in law include: Being a prosecution officer, magistrate, judge, lecturer, company secretary, researcher, Attorney General or regulatory commissioner.

Consequently, high school students yearning to pursue law should evince excellence in English, Mathematics, a Science (e.g. Chemistry) and a humanity (e.g. History and Government). After meeting cluster requirements, the student matriculates into university to pursue a 4-year Bachelors of Laws (LLB) degree. Then, s/he joins Kenya School of Law (KSL) for a 12-month post-graduate Diploma in Law, then a pupillage; a 6-month internship in registered law firms, State Department of Law, or the Directorate of Public Prosecution (ODPP).

Moreover, lawyers are professionals trained in law, while advocates are lawyers admitted to the bar to plead cases in court. Meaning, all advocates are lawyers, but not all lawyers are advocates. Only advocates represent clients in court. To qualify as an advocate, the name of the person must be on the Roll. Then, one must have a practising certificate issued by the Registrar of the Court and approved by KLS. Due to the dynamic nature of law, advocates require Continuing Legal Education (CLE).

The advocate can become an associate partner or co-owner, remunerated based on overall profit accrued. Also, the advocate can start a law firm based on cache of experience after practising for at least 2 years under an advocate who has practised law in Kenya for more than 5 years. Lastly, there is Senior Counsel, a title conferred by the President on an advocate who has rendered exemplary service. Such a person must be an advocate of the High Court for a period not less than 15 years.

The putative authors of Essential Career Guide posit that law students should hone stupendous skills such as good command of English, discretion, active listening, logical reasoning and ravenous reading habits.

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By Victor Ochieng’

vochieng.90@gmail.com.

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