TERMS AND CONDITIONS FOR USE OF THE BAR EXAMS PREPARATION WEBSITE
1.1- A candidate will subscribe to the website using login details required like name, his/her email address, phone number, password etc. The aforementioned details would be kept confidential and will not be used for any other purpose .A subscriber is encouraged to use his/her Mpesa names i.e. First and Last names when registering in website as this will help quickly solving of an Mpesa query made by a Subscriber.
1.2- Only login of one person per a device is allowed at any given time. For avoidance of doubt the website does not allow multiple login of one person in different devices. Selling of one’s account to a person is not allowed. No request to the will be acted upon by the admins of the website if a person has logged using an account that does not belong to the person or subscriber’s credentials do not tally with Mpesa name.
1.3-All candidates who are subscribe to the website will be invited to join in Telegram messenger and WhatsApp group of the website
1.4- The website has been copyrighted. All the documents are in ‘read only’ status and thus cannot be downloaded.
1.5- All documents are in PDF format
1.6 -Taking screenshots of any document at the website is not allowed. If a candidate want to query anything on any document on the website, let her/him use the query tab or email address by stating the subject, document heading, page number and question number where applicable and the issue being queried would be answered
1.7 -Any person who does anything with a view of destroying the website would attract legal liability.
1.8- First registration, login and payment of a paper should be done via laptop. Using a phone for first registration and payment of a paper is highly discouraged. A candidate can subsequently view the paid paper via his/her phone
2.1- By subscribing to the website a candidate will able to access the notes and sample pleadings which are free of charge
2.2- Legal Disclaimer and acknowledgement -The Bar Exams Preparation Website is not the author/originator of notes but have mixed and compiled them together to create a ‘one stop shop’ for candidate preparing for the bar exams
2.3 -The notes have originated from the following source:
a. Slides given by past and present lecturers at Kenya School of Law classes.
b. the Kenya Law website
c. the Judiciary website
d. materials distinguished legal professionals
e. law firms
f. the National Land Commission website
g. the Office of Director of Prosecution Website
h. the Kenya Law Reform Commission
i. other sources not mentioned by name
2.4- The above persons and website maintain the copyright of their respective notes and materials
2.5- Some of the sample pleadings referred in the Questions and Answers (Part B) to help a candidate to draft have been provided. Vital details, names of advocates and law firm’s names have been removed from this sample pleadings for privacy purposes.
2.6- The notes after fully done according to website rules would have been arranged according to the course outline already uploaded.
2.7- Notes, laws and regulations that impact/apply on the subject as a whole will be uploaded first
2.8- Next to be uploaded would be relevant laws and regulations that guide a topic, notes of that topic and finally any sample drafting document relevant to that topic and mentioned in Q and A
2.9 -The notes will remain in the website throughout the year.
2.10- Any notes/materials will only be withdrawn if they are being updated
3. Question and Answer (Q and A).
3.1 -The Q and A would only be accessible to a student only after Mpesa Payment
3.2 -M-pesa payment is as follows.
a. the subscription for (Q and A) is 500 per subject for Years 2008-2019, Orals 500 and 100 for individual paper per subject done after November 2019 Exams. When you click on the subject you will be directed to pay for the service by following procedural below.
i. go safaricom m-pesa menu
ii. go to lipa na m-pesa
iii. go to pay bill
iv. enter bar exam website pay bill number 339091 -please verify that you have entered the correct pay bill number.
v. enter account number which will be auto generated by the website
vi. enter the amount
vii. enter your m-pesa pin and confirm request
viii. you will receive payment confirmation through a short message you can now access the Q and A
b. a candidate who click the wrong paper which he/she did not intend to buy or overpays a given paper or service and then demand a refund would not be refunded. Any kind of mistake made by a candidate while paying is not a ground for refund.
c. refund will only happen in exceptional circumstances especially if a candidate pays for a paper and cannot access it and all avenues to help the said candidate to access the paper have been exploited unsuccessfully. A cancelled class which cannot be held in future is a ground for refun.
•For the year 2008-2019, the first part of Q and A contains questions as they have appeared in Council for Legal Education (CLE) papers from 2008 to November 2019.CLE maintain the copyright of the papers.
3.4 Answers Year 2008 - 2019
3.4.1- The second part contains the answers.
3.4.2- At the start of the answers part, some subjects’ have their answers classified into various topics of the subject for ease of reference and revision by candidates
3.4.3 -The answers part is divided into two parts, part A which covers theory questions and part B which covers drafting/accounting questions
3.4.5-Although many questions in part B have not been drafted, the researcher will draft all the pleadings starting with the November 2019 exams. If a pleading question is subsequently repeated ,the researcher will move the earlier drafted pleading to Part A of the Q & A and the latest pleading drafted will be shown in Part B
3.4.6- The drafting/accounting classes would conducted subject to availability of training venue, competent tutors and materials. The candidates would be charged accordingly when the service is available. For avoidance of doubt the 500 paid through pay bill number does not include the drafting/accounting classes
3.4.7 -Questions which have appeared in different years but raising same issues have been classified together and one answer given.
3.4.8 -A candidate can search any question, any word or any subject using a “find’’ search
3.5.1 -The Q and A have been done to the best of the researcher's knowledge. Where a candidate feels strongly on the correctness of a given answer or note a typographical error in the work, he or she is free to raise to the researcher via query tab or email for remedial action and for the betterment of subsequent research .Any time substantial changes are made to are answer ,the earlier document will be withdrawn and replaced with updated document and the subscribers notified of the changes
3.5.2 - The law keeps changing and adjustments need to be done to the notes and Q and A. To this end, The researcher will try to update the changes in all the questions in all the past papers even if in a past paper where the law had not changed . However, if it is not possible to make changes in all the past papers the researcher will do the research according to present law for the present bar exams paper, a candidate/student is free to seek clarification on the applicable law. Any time substantial changes are made to Notes/Q and A, the earlier document will be withdrawn from the website and replaced with updated document and the subscribers notified of the changes.
3.5.3 - The subscription to Q and A is for life after paying once. For avoidance of doubt nothing will be withdrawn from the website as it had been the case previously, this will help the subscribers in future even during practice.
3.5.4 - During Orals at Kenya School of Law(KSL) Q and A where possible a question not captured in the document will be added under sequentially under the subtitle “Questions that came before and during orals from students after the paper were uploaded on the website (All Subjects)”.This will help the students not miss any new questions. After Orals are done at KSL all the new questions will be taken their respective subjects classification ahead of next Oral’s in the subsequent year.
3.5.5 - Errors and omissions remain solely on the Bar Exams Preparation Website.
3.5.6 -By doing a testimonial,a subscriber will also be consenting for it to be used for any advertisement.
4. WhatsApp group/Telegram group Rules
4.1- Members who join the website’s WhatsApp group/Telegram group can post anything relevant to bar exams, legal materials or matters of general public importance
4.2- Offensive materials, videos and using abusive language in WhatsApp/Telegram group is discouraged
4.3-A candidate is only allowed to join only one WhatsApp group at time unless he/she is an admin
4.4- Any person who fails to observe condition 4.1 ,4.2 and 4.3 above may be removed from the group/groups
5. Means of communication between the candidates and the website
5.1 -Via website email adress email@example.com
5.2 -Via sms message to phone number 0719407340
5.3- Via WhatsApp message to phone number 0719407340
5.4 -Posting in the website WhatsApp group or Telegram group
5.5-Messages would be responded promptly to any queries/comments/questions
5.6 - Messages containing unethical or abusive language would not be replied
5.7 –Direct calls are highly discouraged and are answered at the discretion of receiver