The Constitution of Kenya, 2010, serves as the foundational framework guiding the implementation of the Council of Legal Education (CLE) Strategic Plan (2023-2027). Key constitutional provisions include Article 6 on Devolution and Access to Services, Chapter 6 on Leadership, Integrity, and Accountability, Article 10 on National Values and Principles of Governance, Article 201 on Principles of Public Finance, and Article 220 on Planning and Budgeting. Article 174 emphasizes devolution’s objective to promote democratic and accountable exercise of power, facilitating the decentralisation of state organs, functions, and services.
Devolution aims to bring services closer to the people, ensuring the development of quality policies, legislation, and dispute resolution mechanisms, including alternative dispute resolution (ADR), which could lead to court cases. To equip legal professionals, including County Attorneys, legal officers, and legislative drafters at the county level with the skills necessary for legal advising, dispute resolution, case adjudication, and law and policy development, the Kenya Devolution Programme (KDP) implemented by Act Change Transform (Act!) partnered with the CLE to develop its 2023-2027 Strategic Plan.
The CLE Strategic Plan aims to reform legal education and training in Kenya by improving the curriculum to address emerging issues such as devolution, technology, and governance. This will enhance the legal workforce’s capabilities and ensure a better understanding of emerging governance and legislative issues, ultimately improving the implementation and enforcement of devolution and related laws. The plan is also expected to boost long-term service delivery at levels of government.
Additionally, the CLE Strategic Plan aligns with the objectives of the Medium-Term Plan (MTP) IV and Third Generation County Integrated Development Plans (CIDPs). Specifically, it supports MTP IV programmes focused on intra-governmental services, such as the transformation, decentralization, and digitization of the State Law Office, with the goal of enhancing the efficiency of legal services. Key MTP IV programmes include improving legal aid services for marginalized and vulnerable populations, promoting judicial transformation for faster delivery of justice, and expanding legal aid education and training to improve access to quality legal education.
By addressing emerging governance and devolution issues, legal officers trained under this plan will ensure that policies and laws are aligned with the Constitution. These officers, particularly those involved in legislative development, will be equipped with the necessary skills to improve the quality of legislation at the county level. Moreover, they will advocate for and implement alternative dispute resolution mechanisms, as required by the Intergovernmental Relations Act, 2012, which promotes ADR before resorting to litigation. This approach will reduce time and costs spent on court cases, allowing more resources to be directed towards service delivery, thus improving overall governance and legal frameworks at the county level.
