This episode offers an exam summary of key case law concerning Probate and Administration. CaseCain v Moon (1896)Banks v Goodfellow (1870)Harwood v Baker (1840)Dew v Clark (1826)Re Rufus Ngethe v WambuiWambui v GikonyoCheese v Lovejoy (1877)Rodgers v JonesAgnew v Belfast Banking Co.Re Ruenji / Re OgolaIrene Njeri Macharia v Wairimu NjomoHortensiah Wanjiku Yawe v Public Trustee (1976)Paul Ogari Mayaka v Mary Nyambura Kangara (2023)Fatuma Abud Faraj v Ruth Faith MawasiDennis Kivuti v AGRono v Rono (2005)
This episode serves as detailed instructional guides on the principles and practice of trial advocacy. They extensively cover the qualities and ethical duties of a good trial lawyer, outlining obligations owed to the client, the court, opponents, and the public. A significant portion of the texts addresses courtroom procedure and decorum, including guidelines for client interviews, the preparation of demand letters, and the structure of opening statements and closing arguments. Furthermore, the documents examine complex procedural topics such as judicial disqualification and recusal, the rules governing objections, the admission of exhibits, and the process of examination-in-chief and cross-examination. Finally, they also explore alternative dispute resolution (ADR) methods, specifically mediation and arbitration, contrasting them with traditional litigation.
This episode provide an expansive overview of legal writing and legislative drafting principles, emphasizing clarity, conciseness, and precision as fundamental qualities for effective legal communication. They detail practical techniques for lawyers, such as structuring arguments using the IRAC method and crafting various legal documents like case briefs, opinions, and employment contracts, focusing heavily on eliminating ambiguity, jargon, and passive voice. Furthermore, the sources meticulously outline the Kenyan legislative process, including the preparation of Cabinet Memoranda and the technical aspects of drafting, amending, and interpreting Bills and Acts of Parliament, stressing adherence to constitutional and procedural requirements. Both sources consistently advocate for the use of Plain English to ensure that legal texts are easily understandable by both legal professionals and the general public.
Episode 11: Mergers and Acquisitions in Kenya
This episode comprehensively outline Kenyan business structures, focusing on sole proprietorships, partnerships (general and limited), and companies (limited liability partnerships and incorporated companies). We detail the registration processes and key operational features for each, including liability structures, management responsibilities, and tax implications. A significant portion addresses company law under the Companies Act 2015, covering legal personality, the "corporate veil" and instances of its "lifting," director duties, capital management, and member remedies, such as derivative claims and unfair prejudice petitions, highlighting the legal distinctions and protections offered by various business forms.
In this special episode of Legal Ease to the Bar, we break down the most frequently tested cases in the Kenya School of Law (KSL) oral exams. Whether you're tackling tort, contract, constitutional law, or professional ethics, this episode offers a concise, case-by-case walkthrough using the trusted FIRAC method — Facts, Issue, Rule, Application, and Conclusion.This episode is your go-to audio companion for mastering Kenya’s most important legal precedents — clear, exam-focused, and easy to remember.
In this episode of Legal Ease to the Bar, we delve into the cornerstone of legal practice: professional ethics. Join us as we explore the advocate-client relationship, unpacking key duties like confidentiality, fiduciary responsibility, and the privileges that come with legal representation.We also shine a spotlight on the risks posed by unqualified persons acting as advocates, breaking down the legal consequences and the regulatory role played by the Law Society of Kenya and the Council of Legal Education.Plus, we discuss how advocates get paid, the ethics of fee agreements, and the often-misunderstood rules around undercutting, advertising, and profit-sharing. Learn about the disciplinary procedures in place for misconduct, including professional indemnity requirements every advocate must comply with.Whether you're preparing for the Bar or simply curious about how ethics shape the practice of law in Kenya, this episode is packed with insights every future advocate needs.
In this second installment of our LegalEase to the Bar mini-series on Legal Professional Management, we turn our focus to Human Resource Management—a crucial pillar of law office success.We explore how strategic human resource planning aligns with organizational goals, the impact of technology and globalization, and how to anticipate future staffing needs. Drawing from key HR texts, we unpack the essentials of job analysis and design, dive into recruitment and selection with a spotlight on merit-based systems and public sector pitfalls like corruption and discrimination, and examine the legal underpinnings of fair hiring practices.You'll also learn about training and development, how law firms evaluate and upskill staff, and how to build a culture of lifelong learning and career mobility. We close with a thoughtful look at employee separation—from retirement to retrenchment—and the legal, economic, and ethical dimensions involved.
In this episode of LegalEase to the Bar, we shift gears from courtroom strategy to the essential skills needed behind the scenes—in the legal office itself. Based on Office Practice Management by Mary Kimari and Carol Mureithi, we explore the core principles that make a law office run smoothly, ethically, and efficiently.From understanding organizational structures, front office operations, and records management systems to handling procurement, ICT integration, and HR issues like discrimination and sexual harassment, we break down the practical knowledge every future advocate must know. We also discuss disciplinary processes, safety protocols, and the legal relevance of proper office communication.
In this episode of LegalEase to the Bar, we shine a light on Evidence Law—a subject that may not stand alone in the ATP syllabus, but is deeply woven into every core unit, from criminal and civil procedure to professional ethics and trial advocacy.We explore key principles like the burden and standard of proof, admissibility, relevance, hearsay, privilege, and the use of documentary and digital evidence. With references to the Evidence Act (Cap 80) and common law doctrines, we show how mastery of evidence is essential not just for exams, but for courtroom competence and confident oral submissions.Whether you’re revising for orals, reviewing case files during pupillage, or aiming to understand the logic behind legal arguments, this episode gives you the tools to think like an advocate—with clarity and precision.
In this episode of LegalEase to the Bar, we delve into conveyancing—a critical area of legal practice and a major component of the ATP syllabus. Using clear examples, various Kenyan Statutes and Conveyancing resource Books and notes as our guide, we break down the essentials of property transactions in Kenya.We cover the legal framework governing conveyancing, key documents like sale agreements and transfer forms, and the step-by-step process of transferring interests in land. You'll also learn about due diligence, searches, drafting essentials, and registration under both the Land Registration Act and the Land Act.Whether you're preparing for the bar exam or gearing up for your orals, this episode equips you with the foundational knowledge to understand and apply conveyancing principles with confidence.
In this episode of LegalEase to the Bar, we walk you through the essential stages of civil litigation in Kenya. From determining whether a legal right exists to choosing the right court based on jurisdiction and venue, we break down the decision-making process at the heart of civil suits.We explore how to initiate proceedings—whether by plaint, petition, or originating summons—explaining their distinct purposes and required contents. You'll also gain insight into responding to claims, managing cases efficiently, engaging in discovery, and applying for interim remedies. We wrap up with a look at enforcing judgments through execution and understanding the mechanisms of appeals and reviews.Whether you're tackling past papers or prepping for practical exams, this episode offers a clear guide to Kenya’s civil procedure landscape.
In this episode of Deep Dive - LegalEase to the Bar, we explore the foundational principles of criminal procedure in Kenya—vital knowledge for any ATP student. Drawing from the Criminal Procedure Code (Cap 75), case law, and ATP syllabus expectations, we break down the structure of criminal trials, classification of offences, arrest and bail procedures, plea taking, and the role of the police, prosecution, and courts.We also reference relevant provisions and procedural timelines, simplifying legal jargon and connecting theoretical knowledge to practical application—especially in preparation for oral and written exams.Perfect for on-the-go revision or brushing up before court attachment, this episode delivers the clarity you need—fast, focused, and exam-ready.
In this debut episode of LegalEase to the Bar, we dive into the fundamentals of Kenya's probate and administration law—an essential area for ATP students. Guided by Law of Succession by Musyoka and key statutes like the Law of Succession Act (Cap 160), we unpack the framework governing inheritance, intestacy, testate succession, and the powers and duties of personal representatives.Using AI, we simplify complex legal language, highlight key principles, and draw connections to past ATP exam questions. Whether you're revising for bar exams or getting started on succession law, this episode delivers clear, concise insights to support your legal journey.
This episodde outlines a comprehensive set of twelve standards of professional conduct for advocates, detailing specific actions and behaviors that constitute professional misconduct within the legal field. These regulations, labeled SOPPEC 1 through 12, cover essential aspects of legal practice, such as the requirement for a valid practicing certificate, rules governing advertising and marketing, and the obligation for competence and diligence in client care. Furthermore, the standards address critical ethical duties including appropriate handling of professional fees, upholding a fiduciary duty over client funds, managing conflicts of interest, and maintaining client confidentiality and privilege. The document also specifies expectations regarding fidelity to the law, honoring professional undertakings, appropriate use of social media, managing outside interests, and maintaining the highest honesty and integrity in all professional dealings, citing relevant case law examples for many of the rules.