UNIVERSITY OF NAIROBI

SCHOOL OF LAW
Bachelor of Laws (LL.B)
GPR 117: Legal Research and Writing
© Course outline prepared and reviewed by Dr. Robert Kibugi and Ms. Florence Simbiri-
Jaoko, 2013/2014. Revised and updated by Ms. Florence Simbiri-Jaoko, Dr. Agnes K.
Meroka and Mr. Chris Kerkering, 2014/2015. Revised and updated by Dr. Agnes K. Meroka
and Ms. Florence Simbiri-Jaoko, 2015/2016. Revised and updated by Dr. Agnes K. Meroka,
Ms. Florence Simbiri- Jaoko and Dr. Nkatha Kabira, 2016/2017. Revised and updated by Dr.
Agnes K. Meroka, Ms. Florence Simbiri-Jaoko and Dr. Nkatha Kabira, Mary Ongore and
Edna Odhiambo 2017/2018. Revised and Updated by Dr. Nkatha Kabira, Dr. Constance
Gikonyo and Ms. Florence Jaoko 2019. Revised and Updated by Dr. Constance Gikonyo,
Ms. Florence Jaoko and Mr. Kennedy Echesa 2020.

COURSE CONVENERS:
Ms. Florence Simbiri-Jaoko : [email protected], [email protected];
[email protected]
Office Hours: On appointment by email

Purpose of the course:

To equip students with the necessary skills to undertake research and writing in law
throughout their university studies and beyond.

Expected Learning Outcomes of the Course:

By the end of the course you should be able to:

1. The students should be able to read, analyze, think critically and write well
researched papers.
2. Look up cases, statutes, journal articles and other legal and academic resources.
3. Accurately brief cases and identify and engage with the central argument in a
scholarly article.
4. Write good essays with a clearly identifiable issue and well substantiated arguments
with proper citation and referencing.
5. Write a clear answer to a problem question reflecting a clear grasp of the law and
reasoned application of the law to the given problem.
6. Explain the research process in general and legal research in particular.

Course content:

The research process; types of research; legal ; empirical research in law; research ethics;
nature of academic writing; nature of legal writing; reading and briefing a case; reading and
interpreting statutes; abstracting an article; citation and referencing; legal essay writing;
tackling problem questions; library skills; print and electronic searches.

Mode of Delivery:

Lectures; Watching videos; Panel presentations; Tutorials; Case Method; Seminar

discussions; Problem based learning.

Instructional Materials and/or Equipment:

Computers; Internet; Laws; Law Reports; Discussion Aids; Chalk/white boards and
necessary accompaniments; Library; DVDs; E-Journals: Lexis-Nexis; Hein Online; JSTOR.

Assessment Type:

There is no sit in exam for Legal Research and Writing. Instead, students will be expected to
put the skills and knowledge acquired in the class into practical use. The course is therefore
assessed through three assignments: Any individual assignments are submitted on the
portal. Group work is submitted by the class representatives as a single file by email to the
Course instructor.

Class attendance is mandatory and University of Nairobi regulations require students to

attend at least 67% of the total number of classes. Participation in class is also mandatory
and is assessed through student panels and each week, a panel of 10-15 students will be
allocated material to read ahead of the class, and each student in the panel will be called
upon to respond to questions arising from the readings. Class participation through the
panels will also be assessed and marks awarded. The combined weight of all these
components of assessment is 100%.

Class preparation

The students are also expected to undertake pre-class assignments. These include guided
readings of specific articles, watching videos on research, writing, thinking and analysis. The
readings will be communicated in advance. This is in addition to in class activities. These
include: reading a piece and discussing it; reading a piece and paraphrasing, reading a
piece and critically analyzing it.

COURSE OUTLINE:
PART A: FOUNDATIONAL ISSUES

I. INTRODUCTION

General introduction to the course; expectations and learning outcomes. Introduction to

Kenya’s legal system

II. UNDERSTANDING RESEARCH

What is research?
What is legal research? Different types of research

Readings:

Suzanne E. Rowe, ‘Legal Research, Legal Writing and Legal Analysis: Putting Law School
into Practice’ (1999) 29 Stetson Law Review 1193.

Mike McConville and Wing Hong Chui , ‘Introduction and Overview’ in Mike McConville and
Wing Hong Chui (eds) Research Methods for Law (Edinburgh University Press 2007).

Class Activity:
Read the following excerpt in advance of the class and prepare a write up of what you
understood from the reading; the style of writing and the use of language. Paraphrase the
excerpt in your own words and be prepared to present your paraphrase in class.

Paulo Friere, Pedagogy of the Oppressed (Penguin Books 1993) 25-29.

ETHICAL ISSUES IN LEGAL RESEARCH

Understanding research ethics Understanding plagiarism How not to plagiarize Readings:

University of Nairobi, University of Nairobi Plagiarism Policy (2013).

Susan Gilroy, ‘Interrogating Texts: 6 Reading Habits to Develop in your First Year’
(09/12/19) Available at https://guides.library.harvard.edu/ld.php?content_id=44324954
accessed 26/02/2020

Keith Hjortshoj, Transition to College Writing (2nd ed. Macmillan Learning Instructor, 2009)
Chapter 8.

PART B: CARRYING OUT LEGAL RESEARCH

UNDERSTANDING WHAT LAW IS

Defining the law;

Understanding the role and functions of the law in society; Understanding the role of
research in legal work.

Readings

Oliver Wendell Holmes, Jr. ‘The Path of the Law’ (1897) 10 Harvard Law Review 457.
Available at http://www.constitution.org/lrev/owh/path_law.htm
Yash P. Ghai and Patrick McAuslan, Public Law and Political Change in Kenya: A Study of
the Legal Framework of Government from Colonial Times to Present (Oxford University
Press 1970) 3-35

Ifeanyi A. Menkiti, ‘Person and Community in African Traditional Thought’ in Richard Wright
(ed) African Philosophy: An Introduction, (University Press of America 1984) 171–182.
Available at
http://www2.southeastern.edu/Academics/Faculty/mrossano/gradseminar/evo%20of%20ritu
al/af rican%20traditional%20thought.pdf

UNDERSTANDING AND WORKING WITH SOURCES OF LAW

1. a) What are sources of law? Having understood what law is, the next step is to
determine where to find it.
2. b) The Constitution and Statutes: What is the Constitution, where does it come from
and what are its functions? What are statutes, where do they come from and what
are their functions? Finding statues on kenyalaw.org
3. c) Common law: Understanding Kenya’s legal system; what is common law? How
common law operates; Understanding how courts make law; Understanding how to
work with case law; Finding cases in law reports.
 4. d) International Law: What is International Law? Where do we find International
Law? What role does International Law play in Kenya’s legal system?
5. e) Academic and scholarly text: How does academic and scholarly work contribute
to the development of the law? Finding academic and scholarly work on JSTOR and
HeinOnline.

Readings

William Burnett Harvey, An Introduction to the Legal System in East Africa (East African
Literature Bureau 1975) 412-743
Tudor Jackson, The Laws of Kenya (3rd edn, Kenya Literature Bureau 1988) 4-22
Peter Mugambi, Introduction to Law (Law Africa 2012) Chapter 2

FACTUAL ANALYSIS AND ISSUES DETERMINATION

Understanding what factual analysis is

How to analyze facts; Gather and organize the facts; Identify the legally relevant facts;
Formulate the facts
Determining the legal issues arising out of a given set of facts
Determining the applicable areas of law- understand what law is generally; understand the
various areas of law that exist.

Readings

Maureen Fitzgerald, Legal Problem Solving: Reasoning, Research and Writing (LexisNexis
2010)

APPLYING THE SOURCES OF LAW

Analyzing sources of law to determine how they apply to a given set of facts
General rules in applying sources of law:
Begin with the grund norm- the Constitution and determine which constitutional provisions
are relevant to the facts you are working with
Determine the statutes that apply to the given set of facts and analyse those statutes in light
of relevant constitutional provisions
Find cases that may be useful in interpreting the constitutional and statutory provisions that
you are working with
Find International Law provisions that are relevant to the facts you are working with and that
are also relevant in understanding the constitutional and statutory law provisions that you are
working with

Readings
The Constitution of Kenya 2010
Judicature Act Cap 8 Laws of Kenya
Kadhis’ Courts Act Cap 11
Magistrates’ Courts Act Cap 10
Beatrice Wanjiku & Another v AG & Another [2012] Eklr
Re Zipporah Wambui Mathara BC No 19 of 2010
LSK v Centre for Human Rights and Democracy & 13 Others [2013] eKLR
PART C: LEGAL WRITING
ACADEMIC LANGUAGE DEVELOPMENT

Academic grammar, academic vocabulary, academic writing skills, academic formality and
style. Developing your argument, Expressing your argument • understand how to develop
and link ideas, within and between paragraphs • analyse and use academic language for
organisation (telling a story) in your writing.

Presenting your argument, how to structure a paragraph, how to structure an essay.

Answering the question • focus your response to a task • identify and define key terms in an
essay question
Being concise & precise: Using a clear, concise, detailed academic style • analyse and use
academic language to be concise and precise in your writing.
Characteristics of legal English i.e. · Phrasal verbs · The use of common words with
uncommon meanings · Double synonyms also known as tautologies · Loan translations ·
The use of Old English words · French words not commonly used in the English vocabulary ·
Terms of art · Jargon · Latin terms.

INTRODUCTION TO LEGAL WRITING

Various documents in legal writing: case briefs, legal opinions, reviews of academic and
scholarly work, essays and dissertations
Plain English for lawyers: Writing in simple English and effectively communicating with your
readers

Readings:

Richard C. Wydick, ‘Plain English for Lawyers’ (1978) 66(4) California Law Review 727.
Bryan A. Garner, Legal Writing in Plain English: A Text with Exercises (University of Chicago
Press 2013).
Terri LeClereq, Guide to Legal Writing Style (Aspen Law & Business 2000).
George D. Gopen, ‘The State of Legal Writing: Res Ipsa Loquitur’ (1987) 86(2) Michigan Law
Review 333.

CONSTRUCTING AND STRUCTURING PIECES IN LEGAL WRITING How to write:

Legal opinion Case brief

Case review
Reviews of academic/scholarly works Essays

USING CITATIONS EFFECTIVELY

Referencing (OSCOLA is used to illustrate how referencing is done in legal writing)

Paraphrasing
Using direct quotations
Pin-pointing

Case citations
Bibliography
Readings:
OSCOLA 4th Edition.
OSCOLA Quick Reference Guide.
USEFUL RESOURCES

Using ZOTERO to organize, store and update your work

Storing and sharing your work on Dropbox
Using social media platforms to effectively communicate, carry out research and develop
academic work.

REVISION AND QUESTIONS

CORE READING LIST

• • Bryan A. Garner, (2ed, 2013) Legal Writing in Plain English, The University of
Chicago Press, Chicago & London.
• • Alice Oshima & Anne Hogue (3ed, 2007) Introduction to Academic Writing,
Pearson & Longman, New York.
• • Wayne C. Booth, Gregory G. Colomb, Joseph M. Williams, Joseph Bizup and
William T. Fitzgerald, The Craft of Research, University of Chicago Press, (4ed,
2016).
• • Olson, K. C., & Cohen, M. L. (2018). Legal research in a nutshell. West Academic
Publishing.

RECOMMENDED READING

• • Chris Turner, Rebecca Huxley-Binns, Leon Riley & Angela Donaldson ‘Unlocking
Legal Learning’ (2ed Routledge, 2014)
• • Emily Allbon, Sanmeet Kaur Dua ‘The Insider’s Guide to Legal Skills’ (Routledge,
2016)
• • John McGarry ‘Acing The LLB’ (Routledge, 2016)
• • Lisa Webley ‘Legal Writing’ (Routledge, 2016)
• • Rupert Haigh ‘Legal English’ (5ed Routledge, 2018)

• • Sharon Hanson ‘Learning Legal Skills and Reasoning’ (4ed Routledge, 2015)
• • Sharon Hanson ‘Legal Method and Reasoning’ (Routledge-Cavendish, 2013)
• • Fiona Boyle, Deveral Capps, A Practical Guide to Lawyering Skills, 4th Edition,
Routledge, 2018
• • A. R. Codling, Thinking Critically About Law: A Student's Guide, Routledge, 2018.
• • Dawn Watkins, Mandy Burton (eds), Research Methods in Law, 2nd Edition,
Routledge, 2017