ABOUT THE COURSE

The Kenya School of Law in 2021 ran its inaugural Litigation Refresher Course for in –house counsel. The background to it was that the Honourable the Attorney General of the Republic of Kenya had on 6^th April 2017 issued an advisory on implementation of the Attorney General’s circular on engagement of private legal services by State corporations. The Advisory asked State corporations to use internal legal capacity in routine and non-complex matters, and particularly where a State corporation sues or is sued as a main party and is not conflicted or is sued or sues as a nominal party for purposes of assisting the court arrive at a just decision as between parties to the suit. It also advised that State corporations use their in-house legal officers in matters where they are sued jointly with the Office of the Attorney General and in which case the role of in-house legal officers would be to liaise with the Office of the Attorney General for the purpose of developing a common legal strategy and defence.

The course attracted remarkable interest and participation from advocates from State Agencies, Private Corporations and Advocates in private practice.

In the 2022 edition of this Course, the emphasis is to equip in-house counsel or other counsel acting for an individual or Corporate client with skills to effectively put across before a relevant forum their client’s case, so that the forum before which their client’s issue is, will get a proper perspective that assists in making a decision on the issue at hand. The forum could be a conventional court, a tribunal, a board, or an independent commission or statutory body.

The skills intended to be imparted in this course include conceptualising the client’s case, grasping the requirements of the forum before which the issue is, developing a case strategy, mastery and proper application of the procedural rules that apply to the various courts and cases; application of skills of trial such as making opening statements, examination in chief, cross examination, tendering of exhibits and making submissions and effective and concise report writing.

This five-day skills-based course is designed to provide and reinforce the litigation skills for in-house counsel and counsel in private practice acting for corporations, in State Corporations and even in private companies.

The course will meet the needs of both the beginners as well as those with more experience in litigation. It will also equip in-house counsel to effectively monitor litigation being handled by external counsel.

 COURSE CONTENT

This course seeks to equip the participant with a working knowledge in case analysis, development of case strategy, identifying the procedural rules for the various courts and other arbitral fora, unique aspects of litigation involving Government agencies and a refresher on advocacy skills. The topics to be covered will include:

•          Identification of the key aspects of a client’s case

•          Key areas of attention in representation of State Agencies.

•          Procedural aspects regarding pleadings, filing, applications and hearings.

•          Unique aspects: Judicial Review, Constitutional proceedings and proceedings before Tribunals.

•          Development of a case strategy and case analysis.

•          Opening statements and closing submissions.

•          Examination in chief and cross examination

  
  

•      Handling and tendering of exhibits.
  

INTENDED OUTCOMES

It is expected that at the end of the course a participant should confidently handle all aspects of analysis of a client’s case, developing a strategy for effectively presenting the client’s case and actual litigation before Courts or other tribunals.

FACULTY

The School has assembled a team of experienced trainers including litigation lawyers both from private practice and from State agencies with over twenty years’ post-admission experience.

INTENDED PARTICIPANTS

This course is recommended for:

• Lawyers in the State Law Office and in State Corporations in Legal, Supervision, Compliance and Investigation and Enforcement departments and sections.

• Legal officers in private companies.

• Advocates in private practice who represent State agencies and private Corporations from time to time.

• Lawyers from the East Africa Region and other Commonwealth countries in Africa.

CERTIFICATION

A certificate will be issued to the participants who attend the entire course.

Fee: Kshs. 95,000/= (covers tuition, VAT, course materials, stationery, lunch and refreshments). Participants will be expected to make their own arrangements for travel and accommodation.

 Application Process: Applicants are encouraged to register online at https://services.ksl.ac.ke/web/signup

For further enquiries and information, contact Isaac, Samuel or Jacqueline on: Tel Wireless +254(020) 2699581/6; Email: cpd@ksl.ac.ke; ikuloba@ksl.ac.ke; sakhwale@ksl.ac.ke; cmwanza@ksl.ac.ke

Website: www.ksl.ac.ke

Theme: How to Effectively Put Across My Client’s Case

CPD Points: 3