COUNCIL OF LEGAL EDUCATION

EXAMINATIONS OFFICE
STUDENTS GUIDE TO THE BAR EXAMINATIONS
AUGUST 2016

Contents
1.

Introduction ....................................................................................................................................... 3

2.

The Bar Examination........................................................................................................................ 5

3.

Eligibility to Sit the Bar Examinations ......................................................................................... 8

4.

Registration ...................................................................................................................................... 10

5.

Examination Dates and Timetable .............................................................................................. 13

6.

Examination Centres ...................................................................................................................... 14

7.

Deferrals, Re-sits and Remarks ................................................................................................... 15

10. Finances ............................................................................................................................................ 20

11. Contact us......................................................................................................................................... 21

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1. Introduction
The Council of Legal Education (Hereinafter the CLE) is a statutory body established under
the Legal Education Act no. 27 of 2012 and charged with the mandate of regulating,
supervising and licensing legal education programmes and providers in Kenya and
conducting the Bar examinations, among other things. In its current form, CLE has only been
in existence for a short spell of time having been formally segregated from the Kenya School
of Law (hereinafter the KSL) and re-established in January 2014.
Prior to 2014, CLE had throughout its lifetime been plagued by ambivalence as to whether
it was a regulator properly speaking or a legal training institution managing the KSL as one
of its training institutions. Because of this persistent confusion and lack of focus, the then
Minister of Justice and Constitutional Affairs, Honourable Kiraitu Murungi, appointed a
Ministerial Task Force on the Development of a Policy and Legal Framework for Legal
Education and Training in Kenya in 2004 to re-evaluate the role and status of the CLE as a
regulator of legal education in Kenya under the Chairmanship of Professor Githu Muigai. The
major Terms of Reference of the Task Force were, among others, to: review the form,
structure, role and functions of the Council of Legal Education as a regulator of legal
education in Kenya and to de-link it from the Kenya School of Law.
The Muigai Task Force findings and recommendations were presented to the then Minister
of Justice and Constitutional Affairs, Hon. Martha Karua, in January, 2006. The major
finding and recommendation of the Task Force Report was that: the new CLE should be reestablished as a legal persona dedicated to the regulation and licensing of legal education
and training with its own independent and financially viable secretariat.
The recommendations of the Muigai Task Force culminated in the promulgation of the Legal
Education Act, No. 27 of 2012. This legislation was assented to in September 2012 but came
into force on the 15th January 2013. But even then, the previous CLE and KSL continued
operating as one institution until January 2014 when they formally separated. The Bar
examination function was added to the CLE mandate by dint of the Miscellaneous
Amendment Act, 2014.

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The new CLE set up its own headquarters at Karen Office Park in Karen. CLE has used the
first 2 years to put in place its operational structures including hiring staff, formulating
regulations, quality assurance standards and setting up an examinations secretariat among
other activities necessary to commence delivery of its mandate.
As the Council of Legal Education continues to put in place mechanisms and regulations to
guide its processes into the future, this information pack is meant to provide general
information to those preparing for the July and November 2016 Bar examinations ahead of
these examinations.

This revised guide has been re-published after the July 2016

examination series and provides updated information on the November 2016 Examinations.
The information is based on the Legal Education Act No 27 of 2012 and the Council of Legal
Education (Kenya School of Law) Regulations, 2009 which though under review, will
continue to apply until new regulations are promulgated by the Council. The Council of
Legal Education (Kenya School of Law) Regulations 2009 are appended hereto and it is
advised that candidates read and thoroughly understand these Regulations.
Candidates with further enquiries are welcome to contact CLE through the contacts given
in the information pack.

PROF. W. KULUNDU BITONYE EBS

SECRETARY/CHIEF EXECUTIVE OFFICER
COUNCIL OF LEGAL EDUCATION

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2. The Bar Examination

Pursuant to the Legal Education Act (No 27 of 2012) and the Council of Legal Education
(Kenya School of Law) Regulations, 2009, the Bar Examination shall comprise of the
following components:
a. A written examination which shall be weighted at 60%
b. Oral examinations which shall be weighted at 20%
c. Project work which shall be weighted at 20%
i.

Oral and Project Work:

Even though the oral examinations and project work are components of the Bar
examinations, KSL continues to have operational responsibility for these two components
as agents of CLE, but the results must be submitted to CLE for final compilation alongside
the written examination results. These components of the examination are COMPULSORY.
Where a candidate fails to take part in either of these components of the Bar examination
they are required to get in touch with KSL to ensure that they have complied prior to sitting
the written examination. A candidate will otherwise not be eligible to sit the written
examination if they have not completed the projects and oral work.
Should a candidates marks in the oral and project work not be reflected for any reason,
the final computation in the particular unit will appear in their transcript and in the
examination mark sheet as (I) indicating that the mark is incomplete until the oral and
project marks are accounted for.
Candidates should therefore be aware that missing project and oral marks cannot be
substituted by resitting the written component of the examination only even where the
written examination mark alone is a score above 50 (which is the pass mark).

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ii.

Pupillage:

In addition to the Bar examinations all candidates must undertake pupillage which is also a
MANDATORY training requirement, so as to qualify for the award of a Certificate of
Compliance.
Pupilage is administered by the KSL and is ideally taken once a candidate has completed
the ATP programme and sat the written examinations in November-December. The KSL
publishes centres that are recognised and authorised to offer pupillage and where a
candidate is not sure they are advised to liaise with the KSL. After pupillage the CLE will
receive Certificates of Completion of Pupillage from KSL in respect of candidates who have
been cleared by KSL. Candidates are therefore advised not to submit these documents
directly to CLE.
iii.

The written examinations:

CLE will continue to offer two (2) examination sessions each year; the first in July and the
second in November. The practice so far has been for both examinations sessions to be
administered continuously for nine (9) days running from the last Monday of July and
November respectively.
The November series usually attracts a larger number of candidates since this is when most
students will have completed the ATP programme. While other candidates may opt to sit
the examinations in July, this is normally as a result of re-sits, financial, medical or other
personal reasons. Ideally candidates will therefore be required to sit the examinations in
November following the completion of the ATP programme but it is also acceptable to sit
the examinations in July depending on ones circumstances.
The structure of the November 2016 Bar Examinations will be as follows:
a. Candidates will have three (3) hours to sit each examination;
b. Candidates will be required to answer five (5) questions from a possible six (6);
c. One of the questions, QUESTION ONE (1) will be compulsory and carry 20 marks;
d. All other questions will carry ten (10) marks each.

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This new structure is a departure from the previous examinations and will ensure that
candidates are tested from a wider coverage of the course content unlike previously.
The above structure will vary slightly for ATP 106 Legal Practice Management. Candidates
will also be required to answer five (5) questions out of a possible seven (7) questions.
QUESTION ONE (1) of this paper shall be COMPULSORY. The paper will have three sections;
Commercial Accounts Section, Human Resource Section and Office Practice Section.
Candidates will be required to attempt at least ONE (1) question from EACH section and the
final question from ANY section.
These instructions will be repeated on the cover page of each examination paper and it is
up to all candidates to read and understand the instructions.
Candidates are tested in all nine (9) units studied at the ATP course as follows:
ATP 100

Civil Litigation

ATP 101

Criminal Litigation

ATP 102

Probate and Administration

ATP 103

Legal Writing and Drafting

ATP 104

Trial Advocacy

ATP 105

Professional Ethics

ATP 106

Legal Practice Management

ATP 107

Conveyancing

ATP 108

Commercial Transactions

All the examinations are CLOSE book with the exception of ATP 101 Criminal Litigation where
candidates are allowed to bring in CLEAN copies of the Penal Code and ATP 106 Legal Practice
Management whereby candidates are allowed to bring in scientific calculators.

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3. Eligibility to Sit the Bar Examinations

A candidate becomes eligible to sit the Bar examinations upon admission to and successful
completion of the ATP. The Council of Legal Education (Kenya School of Law) Regulations,
2009 provide the terms of eligibility for admission to the ATP programme. A person cannot
be admitted to the ATP programme unless that person has:
a) Passed the relevant examination of any recognized university in Kenya, he holds or has
become eligible for the conferment of the Bachelor of Laws Degree (LL.B) of that
university;
b) Passed the relevant examinations of a university, university college or other institutions
prescribed by the Council, he holds or has become eligible for the conferment of the
Bachelor of Laws Degree (LL.B) in the grant of that university, university college or other
institution and had prior to enrolling in that university, university college or other
institution
i.

attained minimum entry requirements for admission to a university in Kenya;

and

ii.

a minimum grade B (plain) in English Language and a mean grade of C (plus) in

the Kenya Certificate of Secondary Examination or its equivalent;

c) A Bachelor of Laws Degree (LL.B) from a recognized university and attained a minimum
grade of C+ (C plus) in English and a minimum aggregate grade of C (plain) in the Kenya
Certificate of Secondary Examination, holds a higher qualification e.g. A levels, IB,
relevant Diploma, other undergraduate degree or has attained a higher degree in
Law after the undergraduate studies in the Bachelor of Laws Programme; or
d) A Bachelor of Laws Degree (LL.B) from recognized university and attained a minimum
grade of C- (C minus) in English and a minimum of an aggregate grade of C- (C minus) in
the Kenya Certificate of Secondary Examination sits and passes the Pre-Bar examination
set by the Kenya School of Law as a pre-condition for admission.

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CAVEAT
(The admission requirements to the ATP programme have been under review for some
time and we here represent the version of the Regulations which were the basis of the
2016 admission to KSL and therefore will be the basis of eligibility to sit the July and
November 2016 Bar examinations only. This will be varied to reflect the state of the
law in subsequent editions to this manual).
For avoidance of doubt, candidates eligible for the Bar examinations must have
successfully completed the ATP programme in terms of attendance, the oral
examinations and project work. A candidate who will have attended class but who will
have absented themselves from the other two components of the programme will not
be eligible to sit for the written examinations.

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4. Registration
Admission to the ATP programme does not automatically guarantee a candidate a right to sit
the Bar examinations. In order to conform to the eligibility criteria to take the Bar examinations
candidates must register for the Bar examination with CLE, independently from registration for
attendance of the ATP with the KSL, by filling in a registration form in the Prescribed Form
(Form No. CLE/EX.01, Form No. CLE/EX.02 or Form No. CLE/EX.02 (a) as the case may be.
Candidates are strongly encouraged to carefully review their eligibility criteria as
prescribed in section 3 above prior to registering to sit for the Bar examinations. It is the
responsibility of each applicant to be aware of the eligibility criteria of CLE and the burden
of proof is on each applicant to demonstrate their compliance with the eligibility criteria.
Although it is assumed that candidates sitting the examinations in November are registering for
the examinations as first (regular) sitting, provision is also made for candidates who may be
taking the examination as re-sits. There are other candidates who may be sitting for some units
as a first (regular) sitting and other units as re-sits. Whatever the case may be, there are
specific forms provided on the Council website in each situation and the supporting
documentation varies as well. Candidates should ensure that they fill in the correct form so as
to ensure that their results are processed accurately. As much as possible, candidates must
also endeavour to fill in one application form for all units that fall within each realm. This will
also ensure that the details in the form are captured correctly during registration.

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The registration process is as follows:

Payment of the
requisite fee into CLE
bank account.
Candidate retains Bank
Deposit Slip

Documents presented to
Examinations Department

Evidence of payment
presented to CLE
accounts office for
verification and
receipting

Filling in of requisite forms

with required documentation

Verification of
documents to ensure
that candidate qualifies
and the registration is
complete.
candidate's copy is stamped
and signed, other copy
remains with CLE for
processing

Registration dates for the July 2016 and November 2016 Bar Examinations
July series:
2nd May 27th May

Registration for July examinations

4th July 20th July

Issuance of Examination Cards

November series:

5th September - 30th September

Registration for candidates at the KSL

and candidates whose registration is
NOT affected by the release of the July
2016 Bar Examination results.
Candidates who sat for the July 2016
Bar Examinations and who may wish to
re-sit in November are requested to
check the CLE website for registration
dates which will be upon release of the
examination results.
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14th November - 25th November

Issuance of examination cards

There is NO provision for late registration. Since the examinations office operates on very tight
and strict timelines, candidates are advised that there will be NO extension of dates beyond
what is published herein and in subsequent Notices to be issued. This applies particularly in
the registration and picking of examination cards. Candidates are asked to take note that these
strict timelines are set so as to allow for internal examinations processes without compromising
the professionalism and integrity of the entire examination process.
It is most preferable that all candidates pick their examination cards (as well as other
documentation) in person. Where there are extenuating circumstances to warrant a candidate
sending an agent, a letter of authority must be given to the agent together with copies of the
principals identification document. The agent will also be required to identify themselves.
COUNCIL ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OF DOCUMENTS.

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5. Examination Dates and Timetable

It is a requirement under the law that examination dates be published at least fourteen (14)
days before the start of examinations. The dates will also be published in a local newspaper
with national circulation and the Kenya Gazette so as to notify candidates and the general
public of the examination dates.
The dates for the examinations are as hereunder:
25th July - 4th August

July 2016 Bar examinations

28th November 8th December

November 2016 Bar examinations

The Timetable for the Bar examinations is as hereunder:

DAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY

MONDAY
TUESDAY
WEDNESDAY
THURSDAY

DATES JULY AND NOVEMBER

25TH JULY 2016
28th NOVEMBER 2016
26TH JULY 2016
29th NOVEMBER 2016
27TH JULY 2016
30th NOVEMBER 2016
28TH JULY 2016
1st DECEMBER 2016
29TH JULY 2016
2ND DECEMBER 2016

MORNING
9.00 a.m. - 12.00 p.m.
ATP 100 CIVIL LITIGATION
ATP 103 LEGAL WRITING & DRAFTING
ATP 107 CONVEYANCING
ATP 104 TRIAL ADVOCACY
ATP 102 PROBATE & ADMINISTRATION

1ST AUGUST 2016

5TH DECEMBER 2016
2ND AUGUST 2016
6TH DECEMBER 2016
3RD AUGUST 2016
7TH DECEMBER 2016
4TH AUGUST 2016
8TH DECEMBER 2016

ATP 108 COMMERCIAL TRANSACTIONS

ATP 101 CRIMINAL LITIGATION
ATP 106 LEGAL PRACTICE
MANAGEMENT
ATP 105 PROFESSIONAL ETHICS

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6. Examination Centres
All candidates are assigned an examination centre upon being registered to sit the Bar
examinations. The location and number of examination centres will vary depending on factors
such as the student population, administrative convenience and availability of centres.
Upon closure of the registration process the examination centres for the Bar examinations shall
be posted on the CLEs website and candidates will be notified of their allocated centres.
Unfortunately due to the usually large number of candidates versus limited space available in
each centre, the CLE is not able to allow candidates to select their preferred centres and
therefore these are not subject to change or negotiation once allocated.
Specific sitting positions will be allocated prior to the examinations and candidates must sit
only on the seat allocated to them, which will have their registration number marked on it. All
candidates MUST present themselves to the center allocated to them as arrangements will have
been made only for candidates allocated to each centre. CLE also recommends that candidates
visit the venue where they will be taking the examination prior to the examination date so as
to familiarize themselves with the venue.
Previously, the KSL, BOMAS of Kenya and Catholic University of Eastern Africa have been used
as examination centres for the Bar examination.

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7. Deferrals, Re-sits and Remarks

Candidates who meet the registration requirements and who successfully register for a Bar
examination may be allowed to withdraw from and skip the entire examination or part of it
where there are sufficient grounds to do so. If there are extenuating circumstances causing the
candidate to defer an examination, candidates may in addition request a credit of the fee
already paid.
A deferral can only be requested in writing, in the prescribed form (Form No CLE/EX.03) which
is available online. Such written application to the Secretary of the Council of Legal Education
must state the reasons for deferral and also include appropriate supporting documentation. The
application must be made as soon as possible and where there has been a delay sufficient reason
must be given for the delay. The application for deferral will be considered on a case to case
basis and a determination made on whether there is sufficient ground to grant it and thereby
credit the examination fee.
Technically a deferral may not be refused so long as the candidate is within the five year
qualification rule. This is pursuant to the amendment to Regulation 9(5) Council of Legal
Education (Kenya School of Law Regulations) 2009 to the effect that:
In respect of the Advocates Training Programme a candidate shall be allowed a maximum
of five years within which to complete the course of study.
Council noted and published General Notice No 17 of 2016 to the effect that the amended
regulation applied to all candidates beginning the November 2011 examination series thereby
allowing all candidates with backlogs to clear within five years of November 2011, which period
ends in November 2016.

Any clarification regarding this issue may be sought from the

Examinations Unit at the Council of Legal Education.

Generally registration fees for the examination is otherwise non-refundable except in extremely
limited cases. Where a candidates fee has been credited to subsequent examination sittings,
the fee must be utilised within two (2) years which is equivalent to four (4) examination series.
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A candidates failure to otherwise appear for the examination without requesting a deferral
will be taken as a NO SHOW and the candidate will, in addition to being required to register a
fresh when the examination is next offered, forfeit the examination fee. Even where a deferral
is granted a candidate will nonetheless be required to register when they intend to sit the unit
deferred.
The pass mark for each unit of the Bar examination is 50%. A candidate who fails to attain
this pass mark may apply for the remarking of their script by filling in the requisite form (Form
No. CLE/EX.04) and upon paying the requisite fee. The script is forwarded to an independent
marker (quality assurer) to be graded a fresh. The quality assurers mark is taken as the
candidates final mark.
A candidate may also resit the unit in a subsequent examination series. Registration for a resit is mandatory (Form No. CLE/EX.02) upon payment of the requisite fee depending on the
number of units a candidate has failed. Where a candidate re-sits any unit they lose out on the
opportunity to make use of the project and oral marks. Their total mark is therefore computed
from the written examination only and marked out of 100%.
After each remark or re-sit series candidates transcripts will be updated and candidates will
receive provisional transcripts reflecting the updated results. Whether by way of a re-sit of
deferment, a candidate can only be processed for gazettement after qualifying in all the nine
(9) units and satisfying the pupilage requirement. The final transcript which indicates that the
candidate has qualified in the Bar Examinations will be issued together with the Certificate of
Compliance.

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8. Examination Results
Results for the Bar examinations shall be declared by the Council in the form of pass/fail. A
notice to this effect shall be released within three (3) months after the month in which the
examination is taken. The results shall be uploaded on the CLEs website alongside each
candidates number.
As indicated earlier, the final result for each unit is arrived at after adding the mark attained
in the project work, oral examination and written Bar examination. It therefore follows that
where CLE has not received the other set of results with respect to a candidate, no examination
results shall be released. In order to avoid any delays in the release of their results candidates
are advised to confirm that their project work and oral marks have been computed and
forwarded to CLE prior to the start of the written examinations.
If a candidate has an enquiry regarding examinations they should fill out a Students Enquiry
Form, (Form No. CLE-EX/08) and either drop it off at the Council offices or send it via email to
the email address indicated in this information pack. They will receive communication from
the Examinations Unit at the earliest possible time.

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9. What Next After the Bar Examinations

After the results have been released all candidates will receive transcripts indicating their
results in form of P (representing PASS) or F (representing FAIL).
By the time results are being released candidates will have begun their pupilage attachment
and will be at different levels. On completion of pupilage the KSL shall forward to CLE a
Certificate of Completion of Pupilage in the prescribed form in respect of each candidate.
Candidates should note that CLE does not accept these Certificates directly from them.
On successful completion of pupilage and the Bar examinations a Certificate of Compliance
shall be issued. CLE will then cause the names of all candidates who will have complied to be
published in the Kenya Gazette, making them eligible to petition the Honourable the Chief
Justice for admission to the Roll of Advocates.
It is anticipated that when the backlog has been cleared there shall be three (3) gazettement
notices issued by the CLE; in March, August and December. The three (3) notices are intended
to take into consideration the pupilage period for candidates of November and July
examinations.

These gazettement periods are however subject to timely receipt of

Certificates of Completion of Pupilage from KSL.

The dates indicated below provide a general guideline on when these processes may be
expected to take place.
Processes after July 2016 Bar Examinations
September

Release of Results and issuance of transcripts

September

Application for Remarks

October

Release of Remark results- to allow candidates who

wish to register for November 2016 LIMITED time to
register

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Processes after November 2016 Bar Examinations

March

Release of Results and Issuance of Transcripts

April

Application for Remarks

May

Release of Remark Results

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10. Finances
The following fees are payable by students taking the respective examinations. It is the
duty of every student to make sure that appropriate fees have been paid into the correct
account. No candidate will be allowed to register for an examination without proof of
having paid the full fees required.
Examination fee first sitting (for all 9 units)
Examination fee subsequent retakes

Kshs. 45,000/= @ 5,000/= per

paper
Kshs. 10,000/= per paper

Remark fee

Kshs. 15, 000/= per paper

All payments must be made through the bank and a receipt obtained at the CLEs cash
office. The CLE cash office does not receive or handle any cash or personal cheques.
All payments indicating the purpose of payment should be made to:
Council of Legal Education
National Bank of Kenya, Hill Branch.
Account No. 01023033161101
A valid deposit slip is the only evidence of payment to the bank.

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11. Contact us
Council of Legal Education
PO Box 829-00502
KAREN
Nairobi, Kenya
Physical address:
Karen Office Park
Acacia Block
2nd Floor
Nairobi
Telephone:

020-6980100
020-2011290

Email: info@cle.or.ke

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