KENYA SCHOOL OF LAW

ADVOCATES TRAINING PROGRAMME

2023/2024 ACADEMIC YEAR

LEGAL WRITING AND DRAFTING (ATP 103)

COURSE OUTLINE

Course Coordinator: Ms. Christine Kungu ckungu@ksl.ac.ke

Course Instructors:

Ms.Christine Kungu ckungu@ksl.ac.ke

Ms.Nelly Kamunde nelly.kamunde@gmail.com
Mr. Mugambi Laibuta mlaibuta@gmail.com

Instruction hours: Class A & B-Thursday 9a.m to 11a.m

Class C-Thursday 11a.m to 1p.m
Class D-Thursday 4p.m to 6pm
Class E-Friday 4p.m to 6p.m
Class F-Monday 2p.m to 4p.m
Class G-Thursday 6p.m to 8p.m

Firm meetings: As per timetable

1. COURSE OBJECTIVE
This main objective of this course is to equip the student with necessary skills to undertake the
writing tasks demanded of advocates.

Expected Learning Outcomes of the Course

At the end of this course a student should be able to:

i. Analyze and conceptualize legal issues.

ii. Apply strategic choice of language in oral and written communication.
iii. Demonstrate proper knowledge of organisation of strategies in writing
iv. Structure legal arguments.
v. Apply use of core writing techniques.
vi. Use persuasive writing techniques.
vii. Apply use of research skills.
viii. Apply efficient writing skills.

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2. COURSE METHOD
Instructions will be conveyed in two methods. The Socratic method of teaching will be used to
introduce concepts in each topic covered. Thereafter the experiential method of learning (learning by
doing) will be utilised to build on the skill set necessary for effective legal writing and drafting.

Exercises will be given to the class after every lecture, which must be discussed and finalised at firm
meetings or such other time as the firms may create for that purpose. All firms must be ready to
present their work for discussion the following week.
Any member of the firm may be picked on by the instructor to make the presentation on behalf of
the group. This means that attendance at preparatory meetings is compulsory. In order to give the
student as much writing practice as possible, significant archival research will be required.
Researching the applicable law is essential in any legal writing and drafting work.

3. CLASS ATTENDANCE
Attendance and participation of a student at lectures and firm meetings is required. Participation
consists of more than mere attendance. Actual participation occurs when you:

• Show you have prepared by reading and thinking about assigned material.
• Show you understand or are trying to understand the course concepts and principles.
• Ask questions and build on other students’ contributions.
• Exhibit willingness to experiment with new skills.

The student is particularly encouraged to participate as fully as possible in class and during firm
meetings. Ask questions where any issue is not clear. Do not let any opportunity to ask a question or
contribute to a discussion pass by. This way the student will not only understand concepts but also
build upon oral communication (advocacy) skills.

4. COURSE ASSESSMENT
The course will be assessed in terms of the Council of Legal Education Regulations as follows:

a. Project work (Term 1): 20%.

b. Oral examination (Term 2): 20%.
c. Written examination (Term 3): 60%.

To pass the course one must score an average of 50% on the three levels of assessment.

5. CORE READING MATERIALS

• Bryan Garner, Legal Writing in Plain English, University of Chicago Press (2nd edition)2013
• Michael R. Smith, Advanced Legal writing; Aspen Publishers (3rd edition)2012
• Richard Wydick, Plain English for Lawyers (2011).
• Bryan Garner, The elements of Legal style, (2nd edition)2010
• Prof Moni Wekesa, Legal research Writing & Drafting (Kenyan perspective)2018
• T. Ojienda & K Juma, Mastering Legal research, Nairobi Law Africa,2012
• Edwina Higgins & Laura Tathan, Successful Legal Writing, Sweet and Maxwell2013
• Richard Neumann, Legal Reasoning and Legal Writing 7th edition New York (2013)
• Anne Enquist & Laurel Oates, Just Writing: Grammar, Punctuation and Style for the Legal Writer
(2005)
• A guide to the legislative drafting process in Kenya, KLRC (2015)
• Thornton’s Legislative drafting,5th ed, West Sussex (2013)
• Crabbe on legislative drafting,2nd ed, Lexis Nexus (1992)
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6.RECOMMENDED TEXTS &REFERENCE MATERIALS

• Allen Waiyaki Gichuhi, (2017) litigation: The Art of Strategy and Practice, Law Africa
Publishing(K) Ltd, Nairobi.
• Carolyn Maugham & Julian Webb, Lawyering Skills and the Legal Process (2005
• Bryan Garner, black’s law dictionary, Thomson Reuters10th ed (2013)
• Anne Equist & Laurel Oates Legal Writing Handbook (1993).
• What is good legal writing and why does it matter? Mark Osbek,2011

TERM 1: LEGAL WRITING

Weeks 1-4
Introduction to legal writing
• Qualities of good legal writing
• Plain English
• Plain English v. Legalese
• Gender-neutral language

Week 5
The process of effective writing
• The psychology of writing
• Outlines and writing plans
• Drafting the document
• Revising
• Editing
• Proofreading

Week 6
Paragraphing

• The function of a paragraph

• Unity and coherence in paragraphs
• Paragraph length
• Topic and concluding sentences
• Paragraph blocks

Week 7
Sentences & Voice in Legal writing
• Active and passive voice
• Action verbs
• Subjects and verbs
• Concrete subjects
• Sentence length

Week 8
Transitions
• Generic transitions
• Orienting transitions
• Substantive transitions

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Week 9
Advanced Legal Research& Legal Analysis

Week 10
Case Briefs

Week 11
Case analysis

TERM 2: DRAFTING

Week 1: Introduction and definition of Legal Drafting

• Introduction
• Stages of drafting a legal document

Week 2: Drafting letters and other correspondence

• Format
• Body of letter
• Letters to client
• Letters to opponent
• Demand letter

Week 3: Drafting demand letters

Weeks 4-5: Drafting Legal opinions

• Preparing to write an opinion
• The writing process
• Points of content
• Style

Weeks 6-10: Drafting legal documents/Transactional Drafting

• Drafting contracts
• Power of Attorney
• Affidavits
• Statutory declarations
• Deed polls

Weeks 11: Drafting sessions in groups/Firms

ORAL EXAMINATIONS

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 TERM 3: LEGISLATIVE DRAFTING
Week 1
• Introduction to legislative drafting
• Role of a drafter
• Qualities of a good draftsperson
• The Legislative process
• Challenges of legislative drafting in Kenya

Weeks 2-3
• Key Reference Legislations in legislative drafting
• Drafting instructions
• Designing a legislative solution
• The Policy Process

WEEKS 4-5
• The Structure of a Bill
• Preliminary provisions
• Substantive provisions
• Miscellaneous provisions
• Final provisions

WEEKS 6-8
• The Legislative Sentence (words and expressions: syntax)
• Time in legislation
• Amending legislation

WEEKS 9-10

• Penal provisions
• Delegated legislation

WEEK 11
Drafting sessions in groups/Firms

WEEKLY OUTLINE

NB: To be read together with ATP Academic calendar and term dates 2023/2024

TERM ONE
LEGAL WRITING

WEEKS PROPOSED CONTENT TO BE COVERED

WEEK 1 ▪ Introduction ▪ Setting of ground rules

▪ Overview of the course ▪ Discussion on expectations and
conduct of the course

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WEEK 2 ,3 and 4 • Introduction to legal ▪ What is good legal writing
writing ▪ Which qualities are essential to good
• Qualities of good legal legal writing
writing ▪ The proper approach to Legal
• Plain English Writing
• Plain English Vs. Legalese ▪ What is the importance of writing in
• Gender Neutral Language plain English vs. Legalese?
▪ What is the importance of Gender
Neutral Language in Legal Writing
WEEK 5 The process of effective writing
▪ What is the psychology of writing?
▪ Outlines, writing plans & drafting
the document
▪ Revising, Editing and proof reading
WEEK 6 Paragraphing ▪ The functions of a paragraph in
effective writing.
▪ Unity and coherence in paragraphs
▪ Paragraph length in effective
writing.
▪ Familiar organizational patterns
▪ Topic and concluding sentences
▪ Road maps and signposts
WEEK 7 Effective sentences and voice in ▪ Active and passive voice
Legal Writing ▪ Action verbs
▪ subjects and verbs
▪ concrete subjects
WEEK 8 Transitions a) Connections between sentences
b) Generic transitions
c) Orienting transitions
d) Substantive transitions
WEEK 9 Advanced Legal Research &Legal How to apply research skills in legal writing
Analysis
WEEK 10 Case Briefs Elements of case briefing
Purpose of case briefing
WEEK 11 Case Analysis

TERM BREAK

TERM TWO
LEGAL DRAFTING
WEEK PROPOSED CONTENT TO BE COVERED

WEEK 1 Introduction and a) Introduction

definition of Legal b) Stages of drafting a legal document
Drafting
WEEK 2 and 3 Drafting letters and • Format
other correspondences • Body of letter
• Letters to client
• Letters to opposing counsel
• Demand letter

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WEEK 4 and 5 Drafting legal opinions • Preparing to write an opinion/preliminaries
• Format/ points of content
Drafting the office • The writing process
memorandum
WEEK 6 and 7 Drafting Contracts • Employment contracts
• Lease agreements
• Sale of Goods contract
WEEK 8 and 9 Drafting Affidavits vs • points of content
Statutory Declarations • Format
• The writing process
WEEK 10 Drafting Deed polls • Format
• points of content
• The writing process
WEEK 11 Drafting sessions in
groups

TERM BREAK

TERM THREE
LEGISLATIVE DRAFTING

WEEK PROPOSED CONTENT TO BE COVERED

WEEK 1 and 2 Introduction • Introduction to Legislative Drafting

• The role of a drafter
• The legislative process in Kenya
• Challenges of Legislative drafting in Kenya
WEEK 3 & 4 Key reference • Tools for the drafter
legislations in • Drafting instructions
Legislative drafting • Designing a legislative solution
• Policy
WEEK 5 & 6 The Structure of a Bill • Preliminary provisions
• Substantive provisions
• Miscellaneous provisions
• Final provisions
WEEK 7, 8 The legislative sentence Words and expressions in legislative drafting
Syntax
WEEK 9 Amending Legislation Drafting amending legislation

WEEK 10 Penal provisions Drafting offences and penalties

WEEK 11 Delegated legislation Drafting Delegated legislation