Report shames public varsities on law school mass failure

 

Kenya School of Law (KSL)

Law students graduating from public universities have a higher chance of failing Bar Examinations compared to those studying in private institutions, new report shows.

More students from three top public universities fail to make it through the Kenya School of Law (KSL) examinations than those from other institutions offering law degrees. These shocking details are contained in a report by the Task Force on Legal Sector Reforms chaired by Fred Ojiambo.

Attorney General Githu Muigai constituted the team on September 26, 2016. The task force was to evaluate, review and make proposals on four key issues, among them, the legal sector practice licencing and membership process, institutional structure, criteria and participation mechanisms.

The report shows Kenyatta University leads the pack of institutions whose graduates fail Bar Examinations conducted by the Council of Legal Education (CLE).

Of the nine institutions captured, five are public universities. Some 30 per cent of candidates who failed the Bar Examination had obtained their undergraduate (LLB) degree from Kenyatta University.

Moi University ranked second with 22 per cent, as the University of Nairobi (Parklands Campus) comes third with 20 per cent. Graduates from the University of Nairobi (Mombasa Campus) contribute five per cent of those who failed the examinations as Jomo Kenyatta University of Agriculture and Technology (JKUAT) graduates make two per cent.

Bar examination is a statutory requirement of any law graduate seeking to join the legal profession in Kenya.

Overall, 79 per cent of law graduates who failed Bar Examinations in the last eight years are graduates of these public universities. The examination consists of oral tests and projects taking up 40 per cent of the total marks. Sit in examination constitute 60 per cent of the marks. There is also a mandatory pupillage of six months.

For private universities, eight per cent of failures are Catholic University graduates, six per cent from Kabarak University, four per cent from Mount Kenya University and two per cent from Nazarene University.

The report finds that on average, there has been a 21.4 per cent increase per year in the enrollment of students into the Bar Programme (ATP) between 2009-16.

Rising failures

However, with the increase in enrollment, there has been a corresponding rise in the failure rate of Bar Examination, which has on average been 35 per cent, a figure already too high.

“As the number of students enrolled in law programmes increases, the failure rate also increases,” reads the report.

The shocking details show that 8,549 law students have failed the examinations since 2009. Of these, some 5,298 candidates are still in the system making attempts to pass Bar Examinations.

Interestingly, a majority of these students are working in various law firms across the country, while others work in government agencies and private companies.

The mass failure revelation is likely to bring to the fore the accreditation debate that has hit many public universities as CLE stamps its foot on compliance.

A number of universities have had a run in with the regulator over non-compliance of academic requirements, including human resource, reading materials and physical infrastructure.

Speaking with Schools and Colleges in an earlier interview, CLE Chief Executive Officer Kulundu Bitonye attributed the massive failures to poor facilities and resources.

“Some of the universities training law do not even have libraries or working space. We have raised these issues but they have never been taken up by universities and the ministry,” said Prof Kulundu

He said some of the answers provided by the students during the Bar Examinations are shocking.

“When you see what they write, it is like they never went to a law class. It is unfortunate that parents pay fees but there is not enough tangible development on the side of the students,” said Kulundu.

“Clearly, the training reflects on the quality of legal services rendered by these students in the market,” he said.

The report now recommends the orals and project components of the exams be struck off.

“Orals and project examination components as modes of assessment should be abolished and integrated into the training methodologies for the Advocates Training Programme (ATP) at the Kenya School of Law,” reads the report.

It further proposes that the structure of the Bar Examination be modified to require candidates to first attend class sessions, then pupillage, then sit the assessment.

The report further recommends that a policy be put in place to cap the maximum number of attempts on the Bar Examination after failure.

Currently, candidates who do not pass the examination can attempt it within five years.

Capped re-sits

“Upon exhausting the maximum number of attempts for the Bar Examination within this initial five year period, an applicant may be permitted to attempt the Bar Examination within a further five years, subject however to the candidate being re-admitted to the ATP training programme afresh as the bar curriculum for the first five years will have run its course,” reads the recommendation.

The team also proposes that regional examination centres be established to administer the assessment.

Firm recommendations are however targeted to the universities teaching law with an aim of cutting down the number of failures and improving quality teaching  and learning.

The report recommends  that  the CLE conduct a feasibility study to inquire  into  the  capacity of currently licenced institutions teaching law in Kenya. 

The team propose that CLE should develop a strategic initiative to encourage legal education providers to build capacity of university faculty to teach law.

“The plan should specify and provide measurable timelines. Council must vigorously enforce the requirement that university faculty must teach in only courses where they have expertise and qualifications,” reads the report.

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