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PART TWO-RESEARCH QUESTIONS THE LEGAL AND

POLICY FRAME WORK OF EDUCATION


1. Describe how the education sector is organized in Kenya

Organized into basic education, which covers pre-primary 2 years, primary 8


years and secondary 4 years.

Tertiary education, which are the poly-

technique, which include technical vocational training institution like the


Teachers training program for middle level professionals. University education
constitutes higher education trains upper level professionals usually takes 3
years minimum. Professional training institutions Kenya School of Law and
other professional training bodies such as KASNEB.
2. Identify the law governing the education sector in Kenya: highlight key
provisions

The laws governing the education sector include;


The Constitution 2010
Basic Education Act, No 12 of 2013
County Governments Act, 2012
Intergovernmental Relations Act, 2012
Kenya Institute of Curriculum Development Act, 2013
Kenya National Examinations Council Act, 2012
Kenya School of Law Act, No 26 of 2012
Legal Education Act, 2012
National Cohesion and Integration Act, 2008
Science, Technology and Innovation Act, No 28 of 2013
Teachers Service Commission Act 2012
Technical Vocational Education Training Act 2013
Transition to Devolved Government Act 2012
Universities Act, No 42 of 2012

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

Accessible and equity

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

for the development of education, in so doing it has implemented special


needs education for the visually impaired and also special children for
example the Jacaranda special school which is run by the National
Government. In specific special needs there are four traditional categories,
which are hearing impairment, visual impairment, mental retardation and
physical handicap
Also adult continuing and non-formal education where those that are outside
the formal education sector are able to continue their education this aids in
empowerment and transformation of individuals
Most importantly education for marginalized communities, where pastoralist
approaches have been implemented to and the establishment of rescue
centers for vulnerable girls.

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

And to strengthen governance and management of these resources


RULE ARTICLE 10 on national values and principles of good governance
APPLICATION
Governance is the process of providing policy leadership, oversight and
strategic guidance on the management of resources and the delivery of
services as well as the formulation and implementation of sound policies and
regulations.
Education Act bestows powers upon the Minister for Education considerable
discretionary power in the management and governance of the education
sector. In almost all public education and training institutions, the Minister has
power to appoint the members of the respective governing bodies

6. Describe in detail the provisions of the Constitution of Kenya relating to education


RULE
The constitution of Kenya provides for the rights of education of Kenyan
people and the provision of education services
ARTICLE 10(1) Constitution states that the national values and principles of
governance are binding on all state organs, State officers, public officers and
all persons whenever they interpret, enact or apply any law or make or
implements a policy.
ARTICLE 10(2) of the constitution sets out the national values and principles
of governance These include inter alia the sharing and devolution of power
the rule of law and the participation of the people; equity inclusiveness ,
equality , human rights, non-discrimination and the protection of marginalized
groups , good governance integrity and accountability and sustainable
development.
ARTICLE 20,35,AND 43
The bill of rights applies to all law and binds all state organs. Also, that every
person has the right to access information held by the state and also access
to information held by any other person which is for the advancement of any
fundamental right or freedom in the Bill of Rights. Most importantly every
person has the right to education that should be provided either by through
the implementation of policy or legislative means to effectively constitute this
right
ARTICLE 53,54,55,56,57
The right to basic education is accorded to children as compulsory and
mandatory.

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.

Kenya Universities and Colleges Central Placement service.

Kenya Universities and colleges central placement service, it is a corporate


body established under the Universities Act 2012 to succeed the Joint
Admissions Board.

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 174,175.176,189, AND SHEDULE 4


Provisions on the devolution of services to ensure decentralization of key
resources, which include education also, highlights on the mandates of county
government and national government pertaining to the devolution of
education as key governmental resource whereby the National government is
mandated to maintain educational policy standards
Curriculum standards on examinations and course schemes Also, granting
university charters tertiary education management secondary education
special needs schools and institutions that promote extra-curricular activities.
The County governments mandate in respect to education includes,
preprimary education village poly-techniques and home crafts also childcare
facilities.

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,

on the teachers service commission accords status to the

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

Devolution will improve education since there would be more institutions


meeting with the constitutional mandates previously addressed for example
marginalized and pastoralist communities will be able to access education
facilities also since secondary education will now be under the mandate of the
county government making this resource more decentralized.

3.

PART

THREE-Regulation

Of

Professional

Education And Training In Kenya


1. Why is it necessary to regulate professional education?
It is necessary to regulate professional education, because professional are
considered to hold a certain degree of trust towards society especially in the
exercise of their duties either through a public service or private service.
When this trust is broken in most cases it can prejudice on a serious public
interest and sometimes may cause death. Professional education is to
educate and it should be regulated so as to maintain professional ethics and
standards . What are the challenges facing legal education in Kenya ?
Liberalization , making law school available to all , it means that those
that had not previously qualified for law school can now be admitted into law
school. This is a challenge since quality standards are sacrificed by quantity
as . This is cured by the accreditation of institutions by the Council of legal
education where it checks and develops the institutions curricula ,
The merger between regulation and training institutions .
In this respect , where the central regulation of legal education is the council
of legal education , it performs this duty through the Kenya School of law , the
fusion of both institutions where one regulates and the other offers training
acts as a compromise of the two institutions.

Over emphasizing on foreign curriculum


Lawyers at the Kenya school of law are taught on the practicality of the law
based on colonial attributes on British curricula.

There is no emphasis on

cultural heritage which actually informs the Kenyan attributes and dogma.

Alternative Dispute mechanisms are not taught as an alternate to the colonial


predications, there is continuous emphasis on this foreign curricular
Out dated learning materials and facilities
Kenyas institutions in legal training have not responded to the changing
times and therefore are not progressive to equip its learner with the 21 st
century predicates
Lack of full time teachers or lecturers
The majority of law teachers operate on a par-time basis were most of their
time is dedicated to their private practice. This intern affects the teaching and
reciprocates on the quality of delivery of curriculum.
Eliminative aspects of bar examination
Due to liberalization of legal education and the recruitment of large number of
law students, strategies are used to limit the number of law trainees. These
may include setting very difficult examinations so that only few gain entries
into the profession. The motive of this examination then tends to lay more
emphasis on eliminations and moves away from fair and genuine measures of
quality of applicants
Clinical and skill programs
The clinical aspect or practical appear to be more of the prerogative of Kenya
school of law. Legal research and writing legislative drafting are not offered in
most law institution, I also understand that Civil Procedure and Criminal
procedure are not offered at the University of Nairobi, a more theoretical
robust curricula is offered living the practicality of the law wanting. The Kenya
school of law has taken up this role , at post graduate making it albeit too late
for any progressive lawyering skill .
Pupilage
There is no systemized structure in place where the pupil is able to learn
effectively from his mater. The new grandaunt is quickly tossed into the
realities of the unexpected world of lawyerly upheavals.

2. Identify different professions in Kenya that are regulated, indicate the


regulatory framework and regulating authority for each.

KASNEB regulates accountants and auditors and also certified published


secretaries
Kenya dentistry and medicine board regulates both doctors and dentist
Law society of Kenya regulates lawyers.
3. Trace the history of regulation of legal education in Kenya

Solicitors who came to Kenya accompanied settlers who needed lawyers to


look after their legal affairs

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 .

To be allowed to practice Law in Kenya one had to be a member of the Law


society

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 Lord Denning Committee of 1960 came to the rescue, where it


established a home grown initiated legal training in Africa it considered the
facilities that need to be implemented, additional instructors that may have
been needed special conditions of the the territories, the acquisition of the
practical experiences in addition to academic qualifications. They also
recommended to African to not admit Lawyers solely on British qualifications.
It suggested on additional practical training facilities and specifically

recommended the establishment of a law school in Dare-es-salaam East


Africa. They also recommended that a degree in law should be offered in the
Africa territories.

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

Advocates Ordinance was promulgated and the Council of Legal Education


(CLE) as well as the Kenya school of Law were established

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.

The Muigai task force of 2005, was therefore established to make


adjustments to this confusion it come into force to remedy the Akumiwi report
and thereafter segregate the institutions carrying out regulatory / supervisory
to those conducting training.

To separate policy consumption at training and policy formulation and


oversight

The admission criteria included the pre-bar examination to train in institutions


of legal education required realignment. Prior to this there were no formal
requirements or criteria pupils were only required to undertake into pupilage
for a period of 6 months.
There was need for a criteria for recognition and accreditation of foreign
universities for general and specific purposes and also the criteria of an LLB
degree, Maumar Nabeel Onyango Khan v Council of Legal Education &
2 others Is a bachelor in political science with a minor in law considered a
law degree or an LLB ?

There was also East African MOU to allow advocates to practices within the
east African community

They finally recommended on job continued training where advocates


magistrates and Judges renew their practicing licenses after every five years .

Subsequently parliament enacted legislations the legal education Act of 2012


and Kenya school of law Act which then repealed the former CLE Act
established under the Akiwumi Report.
4. What role does the Law Society of Kenya have in regulating legal
education? Compare its role with ABA in the United States. Which model
would you prefer? Explain your position

5. Consider and comment on the decision of the High Court in Republic v


Council of Legal Education & another Ex-Parte Mount Kenya University [2016]
eKLR and Moi University v Council of Legal Education & another 2016 eKLR
Petition 425 of 2015 . Summaries their key findings. Do you agree with the
Court? Explain your position
High Court in Republic v Council of Legal Education & another ExParte Mount Kenya University [2016] eKLR

Sort for an order of certiorari to quash the decision of the council of legal
education on the inspection of the law campus

An order of certiorari to quash the decision of the council on their


letter claim the university to stop admittance of students for the LLB
2016 programe
The council of legal education confers its mandate from the legal education
Act which illustrates its duties here too. On such duty is to accredit and advice
on the curricula and the legal institution and so forth. The legal education Act
came into force on a prior date that the university education act which came
into force on a successive date. The doctrine of implied repeal would suffice
but however we have to look at the intentions of the legislature when
interpreting the enforcement of these two status, the doctrine of implied

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 .

PUBLIC VS PRIVATE UNIVERSITY

Public universities can be defined as the institutions that depend heavily on


the government for funding of their activities.

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.

After Kenya attained independence in 1963, the newly formed government


recognized

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?

The function of the council of legal education are highlighted in SECTION 8

Regulate legal education and training offered in Kenya by legal education


providers

License legal education providers

Supervise legal education providers

Advise the government on matters relating to legal education and training


recognize and approve qualifications obtained outside Kenya for the purpose
of admission to the roll of advocates

Administer such professional examinations as may be prescribes under


Section 13 of the Advocates Act

Be responsible for setting and enforcing standards on, accreditation of legal


education providers for the purpose of licensing , curricula and mode of

instruction, mode of quality examination , harmonization of legal education


programs monitoring and evaluation of legal education providers and
programs .

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

recommendations to the governments and any other relevant authority on


matters relating to legal education and training that require the consideration
of the government , collect analyze and publish informations relating to legal
education and training , advice the government on the standardization
recognition and equation of legal education qualifications awarded by foreign
institutions , carry out regular visits and inspections of legal education
providers and perform and exercise any other functions conferred on it by this
act .
CASES CONCEREND ON THE POWERS AND MADATE OF CLE ARE, R V
Commission for Higher Education exparte Shoita Shitanda, has powers
of equation of foreign degrees but not for the recognition of these degrees.

Reflection:
What do you think about the philosophy and appropriateness of the legal
education system in Kenya?

What is Legal Education

It is preparation for the practice of law.

It is the education of individuals who intend to become legal professionals or


those who simply intend to use their law degree in other related disciplines
such as politics, academics and economics.

It refers to experiences and training which help different kinds of people


understand and use law in society

Purpose of Legal Education

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.

To study the structure of government and the organization of courts of law,


including the system of appeals and other adjudicating bodies.

It ensures a comprehensive understanding of law in its social, economic,


political, and scientific contexts

Lord Denning The very future of law in Africa depends on a proper system of
legal education being established.

Legal and Institutional framework

Legal Education Act Number 27 of 2012, and

Regulations made under the Act:


Council of Legal Education Regulations 2015
Legal Education (Accreditation and quality Assurance) Regulations, 2016

The Kenya School of Law Act Number 26 of 2012

Miscellaneous Amendment Act 2014

Legal Education Act

Part II establishes

the CLE Council of Legal Education which regulates legal

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.

The functions of CLE with regards to legal education

Accreditation of legal education providers for the purposes of licensing,


curricula and mode of instruction, mode and quality of examinations

Harmonization of legal education programmes

Monitoring and evaluation of legal education providers and programmes

The Kenya School of Law Act

It establishes the Kenya School of law

as a public legal education provider

responsible for the provision of professional legal training as an agent of the


Government.

The school is responsible for :


1. training persons to be advocates under the Advocates Act,
2. ensuring continuing professional development for all cadres of the legal
profession, provide para-legal training,
3.

Providing other specialized training in the legal sector, develop curricular,

training manuals, conduct examinations and confer academic awards and


undertake projects, research and consultancies

Miscellaneous Amendment Act 2014


Confers upon CLE singular mandate to recognize and approve legal education
qualifications obtained abroad for individuals seeking admission to the Bar
Programme and/or practice law in Kenya

PART 4. Academic freedom & Constitutional


Issues in Education
1. What is academic freedom

It entails the right of the academic community to disseminate knowledge


without limitations from the university administrative wing and the state. The
terms academic community can be defined to mean persons teaching,
studying, researching, and working or administering at an institution of higher
learning.

Lima Deceleration on Academic freedom emphasizes that freedom is an


essential precondition for those educational, research, administrative and
service functions with which universities and other institutions of higher
education are entrusted

Academic freedom is therefore a form of human rights . It embodies the


broader conception that every member of the academic community has the
right to life, liberty, freedom of though and conscience religion expression
assembly association and movement.

2. Why is it important that the Constitution protects academic freedom


ARTICLE 33 of the constitution higlights on academic freedom;
33. (1) Every person has the right to freedom of expression, which includes

(a) freedom to seek, receive or impart information or ideas;


(b) freedom of artistic creativity; and
(c) academic freedom and freedom of scientific research.
(2) The right to freedom of expression does not extend to
(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).

(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

Section 29. (1) A University, in performing its

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

the Moi regime?

MY PRESENTATION citing wilily Mutungas speech also


9. Do you think the Universities Act 2012 insulates universities sufficiently from
political interference? Explain

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.

Do you think the recent protests led by local politicians demanding

university administration should be in the hands of local people interferes


with academic freedom? (Consider upheavals at Moi and Eldoret universities,
for example)

Academic freedom entails the exercise of freedom of life, liberty ,expression,


freedom of thought and conscience and speech , academic community should
be able to exercise these rights freely since this is what makes an institution
progressive from all other the exchange of idea between lecturers and pupils.

11.

Comment on the conduct of Mr. Keegestra in R v Keegestra. Do you think

his teachings deserve protection as an incidence of academic freedom?


R v Keegstra, [1990] 3 SCR 697
Facts:
K was a teacher over 10 year period in Alberta. He told his students that the
Holocaust was a tool to bring about sympathy for the Jews. He was accused of
being anti-Semitic and charged under hate propaganda legislation (section
319(2) of the Criminal Code). He brought a Charter challenge under section
2(b).
Ratio:
The term expression embraces all content of expression irrespective of the
particular meaning or message sought to be conveyed and no matter how
invidious and obnoxious the message.
Analysis:
Hate Speech causes harm to: (1) Target group; (2) Society at large.
Hate is a marginal form of expression; it does not facilitate debate -- rather, it
silences it.
Holding:
Legislation upheld under section 1 of the Charter
12.

Comment on the hijab and SDA cases. Do you think insistence on classes

on Saturday by schools and refusal by schools to allow Muslim girls to wear


hijab violates the right to freedom of conscience (religion)? What would you

think of a situation where students demand to be allowed to wear dreadlocks,


turbans etc?

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.

European convention on Human rights section 1 Article 9 everyone has


the right of freedom of though and conscience and religion or belief and
freedom either or in community with others and in public or private to
manifest his religion or belief in worship teaching practice and observance
LEYLA SAHIN VS TURKEY Turkey barring thousands of Muslim girls from
wearing the Hijab in institutions of higher learning. The community is valued
over individual autonomy especially in a democratic society where pluralism
tolerance and broadmindedness are hallmarks, however there should be a
balance especially were the victim is among the minorities . the preservation
of denominational neutrality suffice where the university had to maintain
pluralism as her class consisted of other students of different denominations
and nationalities therefor a democratic society is more valuable that a
womans beliefs to observe her religious beliefs by wearing the Islamic hijab .

ICCPR , Article 18 everyone has the right to freedom of though conscience


and religion . This right shall include the freedom to have or belief of his
choice and freedom either individually of in community with others and in
public or private to manifest his religion or belief in worship observance
practice and teaching . No one shall be subject to coercion which would
impair his freedom such freedom shall be subject to the law , where it is in
order to protect the health, or moral education or fundamental freedoms of
others

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

Wearing of dreadlocks depends on their purpose most people wear dreadlocks


for the sake of fashion. However if one is a Rastafarian, which is a religious

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.

IN my opinion this actually offends constitutional provisions. I say this


because the constitutional provisions more specifically Article 43 outline on
the fundamental right to education it does not restrict to add that individuals
form private institutions should not be admitted or given priority to is an all
inclusive provisions and also provision on children where it is a fundamental
right that children be accorded basic education and basic education does
include secondary education, it does not restrict those children coming from
private institutions.
10. Whether the recent development in the TIVET and University laws
fundamentally

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

The overall goal of TVET is to produce a critical mass of well-trained human


Resources to implement programmes and projects identified in Kenyas Vision
2030. The time available to do this is simply too short, less than 10 years.
There is therefore need not only to train new persons but also re-train the
available trained personnel. The TVET will require a major transformation to
allow the following to happen;

a. Re-align TVET programs to national goals and market needs


b. Expand available TVET opportunities and make them more accessible to
those

who

need

opportunities to all;

them;

Devolve

TVET

to

counties

to

ensure

equal

c. Employ affirmative action to ensure equity in respect to gender, vulnerable


groups and persons with special needs;
d. Entrench competency based TVET
e. Strengthen governance and management of the TVET sector and
institutions;
f. Re-brand TVET in order to enhance positive perception;
g. Develop and implement a mechanism for sustainable financing of TVET.

What is the management of higher education?


TIVET GUIDNIG PRINCIPLES
3. Guiding principles
(1) In the discharge of its functions and exercise of their powers under this
Act, the implementing authorities shall be guided by following principles
(a) training shall be availed to all qualified Kenyans without discrimination;
(b) there shall be instituted appropriate mechanisms to promote access,
equity, quality and relevance in training to ensure adequate human capital for
economic, social and political development;
(c) training programmes shall take into account
(i) the educational, cultural and social economic background of the people;
(ii) the technical and professional skills, knowledge and levels of qualification
needed in the various sectors of the economy and the technological and
structural changes to be expected;

UNIVERSITIES ACT GUIDING PRINCIPLES

1) The objectives of university education shall include


(a) advancement of knowledge through teaching, scholarly research and
scientific investigation;
(b) promotion of learning in the student body and society generally;
(c) promotion of cultural and social life of society;
d) support and contribution to the realization of national economic an social
development;
(e) promotion of the highest standards in, and quality of, teaching and
research;
(0 education, training and retraining higher level professional, technical and
management personnel;
(g) dissemination of the outcomes of the research conducted by the university
to the general community;
(h) facilitation of life-long learning through provision of adult and continuing
education;
(i) fostering of a capacity for independent critical thinking among its students;
and
(j) promotion of gender balance and equality of opportunity among students
and employees.
(k) promotion of equalization for persons with disabilities, minorities and other
marginalized groups.
(2) In the discharge of its functions and the exercise of its powers under this
Act, a university shall be guided by the national values and principles of
governance set out under Article 10 of the Constitution, and shall in that regard

(a) promote quality and relevance of its programmes;


(b) enhance equity and accessibility of its services;
(c) promote inclusive, efficient, effective and transparent governance systems
and practices and maintenance of public trust;
(d) ensure sustainability and adoption of best
practices in management and institutionalization of systems of checks and
balances;
(e)

Promote

private-public

partnership

in

university

education

and

development; and
(f) Institutionalize non-discriminatory practices.

THE CHANGES,

As a matter of fact, the Kenyan university has undergone several reforms


such as the President relinquishing the role of Chancellor

Furthermore, university councils and administrations now have relative


autonomy in the management of these institutions, including hiring ViceChancellors and other high level administrative staff.

Introduction of free basic education where secondary education is limited to


day secondary school only

The independency of academic institutions also.