Course Description

Legal Business Ethics explores the ethical foundations of legal and business
practices within the broader context of economics, politics, and social life. It
emphasizes the role of legal professionals as ethical actors committed to justice,
human dignity, and the common good. Drawing from philosophical, legal, and
socio-economic perspectives, the course helps students internalize ethics as
integral to the practice of law and business.

Course Objectives
On completion of the course, the students should be able to:
1. Understand and apply the key ethical principles that govern the legal
profession considering the salient duties of the legal practitioner/professional.
2. Evaluate issues related to professional legal ethics including the formulation
and

LEGAL BUSINESS ETHICS

Course Outline

workings of codes of ethics.

3. Understand the purpose of business/economic activities in the light of the
relationship between ethics and the law in view of the dignity of the human
person and the need for a humane society.
4. Formulate factual and philosophically consistent solutions to social problems.
5. Comprehend the fundamental principles, theories and trends of business
morality and thereby analyse the various ethical responsibilities of the firm
towards society in light of the dignity of the person.
6. Analyse the causes of corruption in both the private and public sectors of
society. Recognize the threat of corruption in the workplace and interrogate
ways to create work cultures that promote corruption-free institutions.

Year 2025
Lecturer: Dr. L. Osiemo
[email protected]
Graduate Assistant: Emmanuel Macharia
[email protected]

Contact Hours: 45 hours

Prerequisite: Principles of Ethics, Anthropology, Social and Political Philosophy,
Critical Thinking, and Communication Skills.

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COURSE ASSESSMENT
 CAT 1 (Group Assignment) – 15%
 CAT 2 (Sit-in test) – 20%
 Class participation/activities – 5%
 Exam – 60%

NB:
 For consultations, please email the lecturer to agree on a mutually convenient
time.
 For submission of assignments and any queries regarding the course please
contact the Graduate Assistant.

3
Course Material
Topic Issues Recommended Readings Student
Covered Activities
Topic 1:  Definition - Xhemajli, Haxhi, The Role of 1. Reflect on
Introducti and purpose Ethics and Morality in Law: personal
on to of legal Similarities and Differences understandi
Legal business (December 17, 2021). ng of ethics
Business ethics Available at
2. Assignment
Ethics http://dx.doi.org/10.2139/ssrn.
 The - Client
4011265
relationship Account
- Elizabeth Snow Strong, Who,
between law Dilemma
Me? Yes, You! The Role of
and ethics
Business Lawyers in Advancing 3. Write a short
 Connections the Rule of Law, Business Law essay on the
between Today, November 2022 role of ethics
legal in shaping
- The Significance of Ethics and
business legal
Ethics Education in Daily Life |
ethics and decisions
Michael D. Burroughs
other
https://www.youtube.com/watc 4. Class
philosophica
h?v=_8juebyo_Z4 discussion:
l disciplines
https://forms
 Recap of .gle/3wjMto
prerequisite QCzUAc1Et7
courses and 9
their
relevance to
core law
subjects
Topic 2:  Theories of - Ilona Baumane-Vitolina, Igo 5. Giving Voice
Framewor ethics: Cals, Erika Sumilo, Is Ethics to Values:
ks for Rational? Teleological, personal
- Utilitarianis
understan Deontological and Virtue reflection
m
ding Ethics Theories Reconciled in and
- Deontology
morality the Context of Traditional discussion
- Virtue
and Economic Decision Making,
ethics
determini Procedia Economics and
ng right Finance, Volume 39, 2016, pp
and wrong 108-114.
 Fundamental - Get textbook in the Library 6. Case study
principles of review:
business corruption
ethics: scandals in
Kenya
- Solidarity
(group
- Rationality
assignment -
- Efficiency
CAT 1)
- Role
responsibilit
y (diffusion
and
avoidance of
responsibilit

4
 y)
- Double
effect and
co-operation
in evil
 Constructive - Curran, C.E. Ethical principles
frameworks of Catholic social teaching
for choosing behind the United States
ethically bishops' letter on the
sound economy. J Bus Ethics 7, 413–
conduct in 417 (1988).
grey areas: https://doi.org/10.1007/BF0038
2850
- Common
good and
property
rights
- Universal
destination
of goods
- Preferential
option for
the poor
Topic 3:  Defining a - Champ S. Andrews, The Law. A 7. Group
Law as a profession - Business or a Profession? The analysis of
Profession Analysis of Yale Law Journal, Vol. 17, No. 8 lawyer
the legal (Jun., 1908), pp. 602-610 conduct
profession in using
- PLO Lumumba, The Legal
Kenya selected
Profession and Crisis of Ethics,
case studies
in Yash Pal Ghai and Jill Cottrell
Ghai (eds) The Legal 8. Peer
Profession and the New feedback on
Constitutional Order in Kenya. professional
behavior
scenarios
(GVV Peer
Coaching
Exercise)
 Ethics vs - Legislation: 9. Develop a
Code of code of
 the Constitution of Kenya,
Ethics conduct for
2010
a fictional
 Codes of  the Advocates Act and the
legal start-
ethics: various subsidiary legislation
up
sources, made thereunder (eg
types, and Advocates’ Practice Rules)
developmen
- the LSK Code of Standards of
t principles
Professional Practice and
 Comparative Ethical Conduct – SOPPEC
study of (2017)
professional
- the Supreme Court Rules,
codes:
2020 (Part IX on ‘Contempt of
- Judges Court’)

5
 (Bangalore
Principles vs
local code)
- Advocates
(LSK Code
vs IBA Code)
 Duties of an - Tom Ojienda, Professional 10.https://
advocate: to Ethics: An Advocate’s forms.gle/
the court, Relationship with other d9eKPUTFJN
the client, to Advocates wVF8QD9
society, to
- Cases on Advocates Duties 11.Group work
the
(see list below) on conduct
profession
of lawyers
and to self
(case of
Rashid and
Linda)
Topic 4:  Concept of - Comarc Burke, The Medicinal Examples of
Justice as justice in law Power of Justice, about: profession-led
a and society initiatives to
 Law as a “service”
Foundatio bridge the
profession
nal justice gap:
 The duty of the lawyer to
Principle
“activate” the power of 12.Pro bono
in Legal
justice legal
Business
 Response to unjust laws services/Law
Ethics
 The attractive power or clinics
quality of justice

 The cab rank - John Flood & Morten Hviid, The

rule Cab Rank Rule: Its Meaning
and Purpose in the New Legal
Services Market (2013) Report
for the Legal Services Board
(id. Pages)
 Law and - Nic Cheeseman: Is it OK to 13.Panel
morality: break the law when the law is discussion:
navigating unjust? (Sunday Nation, 30th Legal ethics
unjust laws October 2016). vs social
justice
Topic 5:  Origins of - Martin Parker & Gordon
Overview capitalism: Pearson, Capitalism and its
of the Adam Regulation: A Dialogue on
History of Smith’s view Business and Ethics, Journal of
Economic of labor Business Ethics (2005) 60: 91-
Thought 101
 Alternatives - Chipembere, H.B.M., Kenyan 14.Group
to and Tanzanian Socialism (A debate:
capitalism: Comparative Study), (1976) Socialism vs
Ufahamu: A Journal of African Capitalism –
- Marxism
Studies, 7(1) which better
- Socialism
https://escholarship.org/uc/ite supports
- Communism

6
 m/8h46j5t6 justice?
Topic 6:  The nature - M Friedman ‘The Social 15.Mock
Ethical of business Responsibility of Business is to meeting:
Challenge Increase Its Profits’ New York advising a
 Legitimate
s in Times Magazine 13 September company
role of profit
Business 1970 board on
and
Decision- ethical
economic - Kenneth E. Goodpaster, The
Making: policies
freedom Concept of Corporate
Balancing
Responsibility, Journal of
Sharehold
Business Ethics, Vol. 2, No. 1
er
(Feb. 1983), pp. 1-22
Primacy
and - D Doane, ‘The Myth of CSR:
Stakehold The problem with assuming
er Theory that companies can do well
while also doing good is that
markets don’t really work that
way’, (Fall 2005) Stanford
Social Innovation Review, 29
 The role of - Video discussion: The Good
lawyers in Society – Episode 3: The
business Person at the Center of the
and society Economy
https://youtu.be/9N7zFCRhePg
Topic 7:  Integrity vs - Songklin Prayote, Managing 16.Class
Building compliance Ethics in Public Sector: debate: Can
ethical approaches Integrity Approaches, Journal integrity be
cultures in ethics of Government & Politics, Vol legislated?
in public 7, No 4 (2016)
and
- Robert F. Blomquist, Ten Vital
private
Virtues for American Public
sectors
Lawyers. 39 Ind. L. Rev. 493
(2006).
 Addressing - Book chapter: “The role of the 17.Group study
corruption law” review:
corruption
 Statutory - Constitutional implications for
scandals in
regulation vs ethics:
Kenyan
self-
 Article 10: National values business
regulation
and principles sector
 Chapter 6: Leadership and (possible
Integrity class
presentation
s)
Key regulatory
institutions:
- LSK, KMPDC,
KAM, KEPSA

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Cases on Advocates Duties
- Republic v Ahmad Abolfathi Mohammed & another [2019] eKLR – Advocates
as officers of the court.
- Mohammed Salim Balala & Anor vs Tor Allan Safaris Ltd [2015] eKLR - duty to
circumvent the abuse of the privilege/defeat the ends of justice.
- Lee Njiru vs J.K. Lokorio & Another – On conflict of interest
- Republic vs John Kithyululu (2016) eKLR - right of accused to refuse to adduce
self-incriminatory evidence.
- James Anthony Maingi vs Republic (2022) eKLR – on when a document can be
produced by someone who is not the author of the document.
- Glencore Energy U.K. Limited vs Kenya Pipeline Company Limited - advice
obtained in contemplation of litigation is privileged.
- Mohammed Salim Balala & Anor vs Tor Allan Safaris Ltd [2015] eKLR – Petro
Oil Kenya Limited vs Kenya Pipeline Company Ltd, (2016) eKLR - a report
prepared by forensic accountants could not be protected by the legal
professional privilege.
- Serve In Love Africa (Sila) Trust v David Kipsang Kipyego & Others – on
conflict of interest
- Republic vs Joktan Mayende & 3 Others. On the definition of witness
interference
- Francis Mugo & 22 Others v. James Bress Muthee & 3 Others Civil Suit No. 122
of 2005 [2005] eKLR – on the multiple duties of an advocate to client,
opponent, the Court, a duty to himself, and a duty to the State.
- Equip Agencies Limited v. Credit Bank Limited Nairobi HCCC NO. 773 of 2004.
On when the court could exercise its punitive and disciplinary powers over an
advocate.
- David Omwenga Maobe v Republic [2015] eKLR. On the meaning of (the
offence) perjury.
- Concord Insurance Co Limited vs Nic Bank Limited Nairobi, High Court case
175 of 2011 [2013] eKLR. – on the importance of pre-trial discovery.
- Rondel v Worsley (1967) – on the duty of advocates not to mislead the court
through false evidence.
- Aaron Gitonga Ringera & 3 others v Paul K. Muite & 10 Others, (1991) eKLR.
The advocate’s duty to the court supersedes that of their client; and the duty
of an advocate not to act as a “hired gun”
- James Mulinge v Freight Wings Ltd & 3 others (2016) eKLR. A party making a
false affidavit commits perjury, an abuse of the court process.
- Beach Hotel Ltd. and another v Kenya Revenue Authority. An advocate should
be held guilty for professional misconduct where they are found to have
deliberately concealed the truth.
- Republic v Ahmad Abolfathi Mohammed & another (2019) eKLR. On the
advocate as an officer of the court.
- Mohammed Salim Balala & Anor vs Tor Allan Safaris Ltd [2015] eKLR. Duty of
the advocate to circumvent the abuse of the privilege.
- Kenya Revenue Authority & 2 others v Mount Kenya Bottlers Ltd & 4 others
(2019), eKLR. On Rule 8 of the Advocates Practicing Rules which prohibits an

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 Advocate from appearing in a case where they may be required to provide
evidence
- Standard Limited v Alfred Mincha Ndubi, (2018) eKLR. On the importance of
full disclosure of material facts of a case.
- Directline Assurance Company Ltd v AKM Investments Ltd & 6 others, (2021)
eKLR. On the advocate’s duty to the court overriding his duty to client.
- Francis Mugo & 22 others versus James Bress Muthee & 3 others (2005)
eKLR, King Woollen Mills Ltd versus Kaplan & Stratton Advocates and Simba
Hills Farm Limited versus Sultan Haslam Lalji & 5 others (2006) eKLR. On the
duty not to disclose confidential material obtained when acting for his client

9
Annex
Class Discussion Outline: Juror No. 2
Discussion outline for a law class centered on the film Juror No. 2, directed by
Clint Eastwood.

1. Introduction (10 minutes)

 Objective: Introduce the film's premise and its relevance to legal ethics.
 Activity: Briefly summarize the plot: Justin Kemp, a juror in a murder trial,
realizes he may have inadvertently caused the victim's death.
 Discussion Prompt: What are the immediate ethical dilemmas presented
by this scenario?
2. Legal and Ethical Dilemmas (20 minutes)
 Topics:
o Juror Impartiality: Discuss the importance of impartiality in jury
duty and the implications when a juror has a personal connection to
the case.
o Duty to Disclose: Examine the legal obligations of a juror who
discovers a conflict of interest during a trial.
o Moral Responsibility vs. Legal Obligation: Debate the tension
between doing what is legally required versus what is morally right.
3. Character Analysis (15 minutes)
 Justin Kemp: Analyze his internal conflict and decision-making process.
 Faith Killebrew (Prosecutor): Discuss her role and the ethical
considerations of pursuing a conviction when new evidence emerges.
 Group Activity: Divide students into small groups to role-play as Justin's
legal counsel, advising him on possible courses of action.

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4. The Justice System and Its Flaws (20 minutes)
 Topics:
o Eyewitness Testimony: Evaluate the reliability of eyewitnesses
and its impact on the case.
o Prosecutorial Discretion: Discuss the balance between seeking
justice and achieving convictions.
o Systemic Pressures: Consider how political ambitions and public
opinion can influence legal proceedings.
 Discussion Prompt: How does the film portray the strengths and
weaknesses of the justice system?
5. Ethical Decision-Making Frameworks (15 minutes)
 Introduce Frameworks:
o Utilitarianism: Assessing actions based on outcomes.
o Deontological Ethics: Focusing on duties and rules.
o Virtue Ethics: Emphasizing moral character.
 Application: Have students apply these frameworks to Justin's dilemma
and discuss which approach they find most compelling.(Wikipedia,
Decider, New York Post)
6. Conclusion and Reflection (10 minutes)
 Open Discussion: Encourage students to share their thoughts on the
resolution of the film and its implications for legal practice.
 Reflection Prompt: What would you have done in Justin's position? How
do personal morals intersect with legal duties?

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