KSL ATP 103 cheat sheet

Advocacy is the art of persuasion through reasoned argument on behalf of a client; the advocate's duties run concurrently to the client, the court, and the profession.

Kenyan advocates are admitted under the Advocates Act (Cap 16); the Council of Legal Education regulates the Advocates Training Programme, and the Law Society of Kenya is the professional body.

Advocate–client privilege protects confidential communications made for legal advice; it belongs to the client and survives termination of the retainer, but does not cover communications made to further a crime.

Conflict of interest: an advocate must decline or cease acting where a personal or former-client interest materially conflicts with the new client's interest, unless informed consent is properly obtained.

The advocate's duty to the court overrides the duty to the client: an advocate may not knowingly mislead the court, cite overruled authority, or conceal material adverse law.

Court hierarchy for appeals: Magistrates' Courts → High Court → Court of Appeal → Supreme Court; the Supreme Court is the final appellate court and its decisions bind all lower courts.

Jurisdiction rule: the High Court has unlimited original jurisdiction in civil and criminal matters; the Environment and Land Court and Employment and Labour Relations Court are of equal status to the High Court.

Civil procedure sequence: pleadings (plaint/defence) → discovery and inspection → pre-trial conference → trial → judgment → execution; a plaint discloses a reasonable cause of action or is struck out.

Professional discipline: complaints go to the Advocates Disciplinary Tribunal; sanctions range from admonition and fine to suspension or striking off the roll.

A paralegal provides substantive legal support under the supervision of a licensed advocate; the paralegal cannot give independent legal advice, appear as an advocate, or hold client funds.

Legal research hierarchy of authority: Constitution > statute > subsidiary legislation > binding case law (ratio decidendi) > persuasive authority (obiter dicta, foreign decisions, textbooks).

Case citation format (Kenya): Party v Party [Year] eKLR or (Year) Volume Reporter Page, e.g. [2019] eKLR; the neutral citation identifies the court and year of decision.

Client intake: record full particulars, identify the cause of action, check limitation periods, and flag conflicts before any substantive work is done.

Limitation periods (Kenya): contract and tort generally 3 years; land recovery 12 years; enforcement of a court judgment 12 years; claims against the state 12 months (with exceptions).

Document drafting elements: title, parties, recitals/background, operative clauses, definitions, execution (signature, witness), and attestation where required.

Affidavits must be sworn before a commissioner for oaths; they state facts, not opinions or law, and defective jurat or unsigned exhibits can render them inadmissible.

Court filing workflow: prepare pleadings → pay court fees → file at registry and obtain a receipt → serve the opposite party → file an affidavit of service with the court.

Evidence handling: maintain the chain of custody for physical exhibits, label and index documents, and keep privileged material segregated from the case file.