Prof. Dr. Dr.

Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

SCHOOL OF LAW
PROGRAMME: BACHELOR OF LAWS
Course Title: RESEARCH METHODS FOR LAWYERS
Course Code: LLB313
SEPT 2024 Semester
Lecturer: Prof. Dr. Dr. Moni Wekesa
LLB Hons, LLM, PhD Law, B. ED Sc First Class Hons (UoN), MSc, PhD Sports Medicine (Cologne), Dip Law (KSL)
Tel No. 0722-521146, 0780-521146 (WhatsApp); E-Mail: mwekesa@daystar.ac.ke
TIME: WEDNESDAYS GROUP A: 11.00-14.00; GROUP B: 14.05 AM -16.00 HRS VENUE: LR14
Purpose: To introduce students to the methods of conducting various forms of research for their advancement in cogent legal discourse

Expected Learning Outcomes

At the end of the course the student should be able to-
1. Describe various conceptions of knowledge
2. Discuss various types of research
3. To examine various aspects of doctrinal/normative research

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

4. Discuss various types of research

5. Distinguish between probability and non-probability sampling designs
6. Explain how to write a literature review
7. Describe various tools and methods for data collection
8. Analyse various ways of data analysis
9. Outline the structure of a research proposal;
10. Discuss the various parts of a research report,

Teaching Methodology
Problem-based Learning
Instructional Materials/Equipment
Textbooks, journals, white board, lecture notes, handouts, overhead and LCD projectors, computers and videotapes.

Method of Assessment
The assessment of the course will be based on Continuous Assessment Tests (CATs) and final examination. CATs will account for 40% while
final examination will account for 60%. To pass the course, a student shall earn marks for both CATS and final exam. CATS shall take place
on the dates indicated on the course outline and shall comprise of:
(i) Class participation/PowerPoint presentations
Expected skills – verbal communication, research ability, confidence, and practical application of skills
(ii) Written – to write a proposal for LL.B research project (30 marks) – to be returned at week 12 -
Expected skills - basic knowledge of proposal writing, identifying a research problem, analysing how to solve the identified problem.
(iii) SIT IN - Written/Obj test (10 marks) – Week 13

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Expected skills – basic knowledge of course content, understanding of course theoretical foundation, and integration of facts
Expected skills – teamwork, communication skills, team cohesion, and technical competence
Final Semester Examination: Students will be required to answer THREE questions in the final examination within 2 hours. This will be an
OPEN BOOK examination.

Core Textbooks:
1. M Wekesa Research Methods for Lawyers & other Professionals (Nairobi:Sportslink Ltd 2016) at www.tafutashop.com
2. M Wekesa Legal Research Writing & Drafting (Nairobi:Sportslink Ltd 2018) at www.tafutashop.com
3. CR Kothari Research Methodology 2nd edn (New Delhi Wishwa Prakashan 2003)
4. OM Mugenda & A Mugenda Research Methods Quantitative and Qualitative Approaches (African Centre for Technology Studies
2003)

Recommended Reading and Reference Materials:

5. DA Miles ‘A Taxonomy of Research Gaps: Identifying and Defining the Seven Research Gaps’ Aug 2017 at
<www.researchgate.net/publicity/319244623 > (accessed 15 Oct 2022)
6. MD Pradeep ‘Legal Research- Descriptive Analysis on Doctrinal Methodology’ (2019) 4(2) International Journal of Management,
Technology, and Social Sciences (IJMTS) 95-103. DOI: http://doi.org/10.5281/zenodo.3564954.

7. SN Jain ‘Doctrinal and Non-Doctrinal Legal Research · ( 1975) 17 Journal of the Indian Law Institute 516-536 .

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Course Schedule

Week TOPIC & Readings Intended objectives Class activities

1: Conceptions of Knowledge 1. To discuss the concept of 1. To discuss in groups of 5-6
VICTOR MUTETI NKONGE has joined the research  What is research?
University. Before then, Victor had passed his 2. To analyze how knowledge is  How do you know that you
exams, and he was literally in cloud nine! He acquired know?
thought he knew a lot. In his third year at law 3. To describe how truth can be  Recognition
school, he has started asking himself serious established in the metaphysical  Metaphysical - how do we
questions. He is full of doubts. He wonders 4. To discuss digital identity know the truth in witchcraft
18 how one can get to know something, how one 5. To analyze what truth is and and or religion?
SEPT can know that they know, how he can be sure whether truth is constant  What is Truth - can truth
2024 that God exists, how and whether sorcerers and 6. To outline the ethical change?
witches bewitch people. He is no longer sure considerations in research  What are ethical
what the truth is and whether the truth can considerations in research?
change. If he were to research – he would like 2. Receive reports from each
to know the ethical considerations he must group
reckon with. Please assist.

Readings:

Wekesa, Chap 1

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Kukali v Ogola [2010] eKLR (HCt)

UNESCO: Universal Declaration on Bioethics

and Human Rights at <
https://en.unesco.org/about-us/legal-
affairs/universal-declaration-bioethics-and-
human-rights > (accessed 6 Jan
2023)Assignment 1 – Take away – (to be
submitted at Week 6 on 18 OCT 2023):
Question – see last page of this document

2 CITING REFERENCES USING OSCOLA 1. To describe how to work with 1. Those assigned cases to present
JABEZ KIPKURUI TANUI would like to footnotes 2. Working in groups of 5-6 –
produce the best LLB dissertation and earn a 2. To discuss how to present a convert the given texts into
grade A. However, his knowledge of bibliography OSCOLA format
OSCOLA is a little rusty. He would like know – students to work on 3 texts to be
how to work with footnotes and how to write a provided
25 bibliography. He approaches you with two
SEPT texts on which he needs assistance. Please
2024 proceed to assist him.

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Readings:
OUCLJ Style Committee ‘Oxford Standard for
the Citation of Legal Authorities’ Big
OSCOLA (Oxford OUP 2002)
OUCLJ Style Committee OSCOLA 4th edn
(Oxford OUP 2012)

3 Doctrinal Research 1. To discuss various aspects of 1. Individuals to present

ABBIGAIL AWUOR OMONDI is a very doctrinal research summaries of reading materials
energetic student. Her dream is to be the best
2. To identify various steps in doctrinal 2. Discuss in groups of 5-6
litigation lawyer Kenya has ever produced. To
research
2 OCT this end, she does not miss an opportunity to a) The definition of
doctrinal/normative
2024 participate in Moot Court competitions and 3. To distinguish between normative
research
debates against other universities locally and research and socio-legal research
abroad. Indeed, she has excelled and continues 4. To demonstrate the drafting of b) Distinguish between
to do so in her endeavours. She does a lot of objectives and research questions in doctrinal and socio-legal

research as she prepares her Memorials. Now doctrinal research research

while reading a book on research methods, she c) Identify who a legal

5. To examine theories under doctrinal
came across the term ‘normative research’ researcher is
research
which threw her off balance. She is keen to
d) Discuss research
understand what it is all about. Kindly assist 6. To analyze caselaw under doctrinal

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

her. research objectives, research

laboratory and sources for
7. To report on the methodology under
Readings: research in doctrinal
doctrinal research
research
SN Jain ‘Doctrinal and Non-Doctrinal Legal
Research’ (1975) 17 Journal of the Indian Law 8. To recognize the advantages and e) Describe how to
Institute 516-536 disadvantages of doctrinal research formulate an objective
MD Pradeep Legal Research- ‘Descriptive 9. To document the limitations of and a hypothesis in
Analysis on Doctrinal Methodology’ (2019) doctrinal research doctrinal research
4(2).International Journal of Management,
10. To organize the steps in doctrinal f) Discuss the research
Technology, and Social Sciences (IJMTS) 95-
research methodology and
103. DOI:
research design in
http://doi.org/10.5281/zenodo.3564954.
doctrinal research
T Hutchinson & N Duncan ‘Defining and
3. Identify the relevant steps in
Describing What We Do: Doctrinal Legal
doctrinal research
Research’ (2012)17(1) Deakin Law Review 84.
4. Analyze the advantages and
R van Gestel, H.-W. Micklitz & MP Maduro - disadvantages of doctrinal
Methodology in the New Legal World EUI research
Working Paper LAW 2012/13 (2012) at
https://www.academia.edu/56573741/Methodo
logy_in_the_New_Legal_World?auto=downlo

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

ad&email_work_card=download-paper
accessed 28 Aug 2024

TA NYARKO ‘Law as an Academic Subject’

at <
https://www.academia.edu/29848962/Canon_o
f_legal_research_LAW_AS_AN_ACADEMIC
_DISCIPLINE_HANOCH_DAGAN_MAPPI
NG_LEGAL_RESEARCHMATHIAS_M_SIE
MS_AND_DAITHI_MAC_SI_THIGH_INTE
RDISCIPLINARY_APPROACH_TO_LEGAL
_SCHORLASHIP_A_BLEND_FROM_THE_
QUALITATIVE_PARADIGM_A_LYDIA_A
_ANKANSAH_AND_VICTOR_CHIMBWA
NDA?email_work_card=reading-history>
accessed 28 Aug 2024

4 Types of research & Measurement scales 1. To summarize readings for week 4 1. Individuals to present a
CECILIA KAVILU KINANDA has been 2. To analyze various types of research summary of the readings of the
appointed the Director at the Kenya Medical 3. To discuss types of measurement week
9 Research Institute (KEMRI). One of the core scales 2. In groups to discuss
OCT mandates of KEMRI is to conduct different 4. To distinguish which measurement a) Various types of research

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

2024 forms of research. Before taking up the scale is applicable in which type of b) types of measurement
appointment she would like to be reminded of research. scales
the various types of research. In her own c) application of various
reading, she has come across terms like scales in the different
qualitative, quantitative, mixed methods, forms of research.
normative, prospective and retrospective, and 3. Types To present group reports
longitudinal and cross-sectional research.
Others are exploratory, explanatory, and
descriptive research. She does not know which
of nominal, ordinal, ratio, and interval scales is
used in which type of research. These terms
appear as perplexing as they are confusing to
her. She does not want to appear ignorant
before her juniors. Please assist her.
Readings:
Wekesa Chaps 1 - 2

5 How to Write an Introduction to a Research 1. To discuss various parts of a research 1. To summarize readings for
Project project week 5
16 MICHAEL IAN ANGWENYI would like to 2. To distinguish between the 2. In groups - discuss
OCT write and complete his LLB dissertation before introduction and background of a study a) Various parts of a research

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

2024 the end of the running semester. He has 3. To analyze how the background of a project
thought and formulated an interesting topic. study is written. b) distinguish between the
His challenge is how to write chapter one. He 4. To explain the importance of the introduction and
knows roughly what should be included background to a study. background of a study
thereunder but he is not sure of the order. 5. To describe an objective, a research c) 3. To analyze how a
Discuss with him the solution to his problem. question, and a hypothesis background of a study is
Readings: 6. To differentiate between the written
Wekesa Chap 2 significance of a study from the d) Describe a hypothesis
Kothari Chaps 1-2 rationale of a study e) Distinguish between an
Mugenda & Mugenda Chap 1-2 7. To analyze the purpose, limitations, introduction and a
DA Miles ‘A Taxonomy of Research Gaps: and scope of a study. background to a study
Identifying and Defining the Seven Research f) Explain the importance of
Gaps’ Aug 2017 at < the background to a
www.researchgate.net/publicity/319244623 > study.
(accessed 15 Oct 2022) g) describe an objective, a
research question, and a
hypothesis
h) differentiate between the
significance of a study
from the rationale of a
study

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

i) analyze the purpose,

limitations, and scope of
a study
3. Groups to present their reports
6 Theoretical and Conceptual framework 1. To explain the purpose of theoretical 1. Individually present a summary
NELLY NAYIANOI KEREI seeks to and conceptual framework. of a case/readings
23 understand the purpose of and distinction 2. To distinguish between theoretical 2. In groups of 5-6 to discuss
OCT between the Theoretical and Conceptual and conceptual frameworks. 3. The purpose of a Theoretical
2024 frameworks in research. She has read around 3. To differentiate between independent, and a conceptual framework in
but it is not clear to her. She has also heard of dependent, and intervening variables. research.
but not understood what independent, 4. Distinguish between the
dependent, and intervening variables are. Use theoretical and conceptual
selected examples to explain to her what she framework.
needs to know.
Readings:
Wekesa Chaps 3-4
Mugenda & Mugenda Chap 4

7 1. To discuss the purpose and style of a In groups –

Literature Review and Methodology literature review. 1. discuss
STACEY WANJIRU MUGAMBI has been 2. To distinguish between a literature a) The purpose of a literature

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

contemplating writing her LLB dissertation. review and background to a study review
30 She has found a topic. She is now making a 3. To analyze various forms of research b) How to write a Literature
OCT general outline of what she needs to do. It is methods and research designs. review
2024 not clear to her whether the style of writing a 4. To discuss various tools for research c) How a literature review differs
background to a study differs from that of from background to a study
writing the literature review. She would also ===================
like to know the various methods she can use 2. Analyze the-
to collect the information she needs. She has a) Historical Method
also heard of various tools for actual data b) Literature Study
collection. Being keen to continue with her c) Experimental Method
thought processes regarding the dissertation, d) Observational Method
she embarks on the exercise of reading and e) Case Study Method
making short notes. Show us her notes. f) Focus Group Discussion
g) Triangulation Method
h) Meta-analysis
Readings: ====================
Wekesa Chap 5 3. Examine the appropriateness of
Kothari Chap 6 tools for generating data-
Mugenda & Mugenda chap 6,7,10, & 12, a) laboratory
experiments/records
b) Social media posts

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c) questionnaire/SurveyMonkey
d) Interview
e) Focus Group Discussion
f) Audio-visual
records/recordings
=================
4. Groups to present their reports
8 Sampling Designs & Data Collection 1. To examine how to determine Work in groups to discuss
a sample size 1.
6 ABSALOM NYATENG OTIENO wants to 2. To distinguish between a) How to determine the
NOV write a very good dissertation as he prepares various sampling designs sample size.
2024 for his Masters and PhD degrees. In his study 3. To analyze tools for data b) The effect of a sampling
of whether ‘TikTok’ users in Kenya include collection of qualitative and error on the outcome
children, he has chosen as his population all quantitative data. of a research
persons aged 5-70 years. This gives him a c) Probability sampling
population size of 45 million. This chosen designs
population is found in all Counties of Kenya, in d) Non-probability
both urban and rural areas. The population sampling designs
includes all genders, persons with disabilities, ( 1 hour 30 minutes including
the super-rich and the extremely poor. Some group presentations)
of these people live in affluent parts of towns ===============

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

whereas others live in slum areas. Twenty-five 2.

percent have jobs whereas others are a) Tools for data collection
unemployed. Another twenty percent of qualitative and
comprises of ‘hustlers’ – construction workers, quantitative data
small business people with ‘mkokoteni’, b) Piloting
hairdressers, kiosk owners etc. The rest are c) Procedure
unemployed. Absalom wishes to use a ( 1 hour 30 minutes – including
sampling design that will capture all these group presentations)
categories and therefore give him a ‘reliable’ ==================
sample to work with. He now realizes that he
does not remember clearly how to determine a
sample size, what a sampling error is, and the
types of sampling designs. He also needs
assistance on ways of data collection. He
approaches you for assistance. What will you
tell him?

Readings:
Wekesa Chap 6
Kothari Chap 4
Mugenda & Mugenda pp 45-52, 186-187

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Data Collection
Readings:
Wekesa Chap 7
Kothari Chap 6

Mugenda & Mugenda pp 71-93

9 MARK MAKAU WAMBUA has been a 1. To analyze the use of descriptive 1. Individuals to present a
brilliant student of mathematics since class six. statistics summary of readings for week 8
He has a little disappointed when he joined the 2. To discuss the use of inferential 2. In groups to discuss
Law School because there is hardly any Maths statistics
13 taught there. When he learnt that the course on a) The various forms of
NOV research methods for lawyers carries a portion descriptive statistics
2024 of statistics – he was very excited. However, b) When to use descriptive
whereas he is adept at actual manual statistics
calculations, he does not know when to use and c) How to interpret
how to interpret descriptive and inferential descriptive statistics
statistics applied to research. With utmost d) The various forms of
humility he inquires whether you can help him. inferential statistics
Please proceed. e) The use of Inferential
statistics

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Readings: f) How to interpret

Kothari Chap 7 inferential statistics
Mugenda & Mugenda Chap 8
M Wekesa et al ‘The Use of Objective
Tests in Examining Law Courses at
Daystar University’

10 JOY MIRACLE ONGUSI has written a 1. Discuss how to organize qualitative 1. Individuals to present
research proposal in which she wishes to find data summaries of reading materials
out the opinions of women on whether they 2. Analyze how to process qualitative for the week
should get married or whether the trend should data 2. In groups - analyze
change so that women marry men. She has a) Ways of organizing data –
20 planned to interview 50 different belonging to categories, themes, and
NOV Gen-Z and younger. She is required to indicate patterns
2024 in her proposal how she will analyse her data. b) How to use codes on
Please help her. qualitative data.
Readings: c) Ways of evaluating
Wekesa Chap 1 qualitative information –
Mugenda & Mugenda chap 12 adequacy, credibility,
Pradeep usefulness and
Jain consistency

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Present group reports

11 ASHLEY A. KHATONDI ANEKAYAH has 1. To discuss how to present research 1. Summarize readings of the
carried out am empirical study to find out the result week
27 views of Kenyans on the impugned Finance 2. Document how to write a discussion 2. Individuals to summarize
NOV Bill 2024. She conducted interviews and 3. To demonstrate how to make a readings of the week
2024 administered a SurveyMonkey with 18 open- summary, conclusions, and 3. In groups - discuss
ended and three closed-ended questions. recommendations a) how to present research
Amongst the data she collected are age, results
income, and level of education of participants. b) How to write a
The rest of the questions required ‘yes’ or ‘no’ discussion part of
answers. She used a sample size of 20 research
interviewees and 2,000 respondents for the c) How to draw
SurveyMonkey. She used both descriptive and conclusions,
inferential statistics in treating the results. The d) How to write a summary
SurveyMonkey produced many graphs, and e) How to make
tables, X2-test, t-test results, and correlational recommendations
analyses, including for interval scale-related Group reports
data. She has collected a mass of data. She
needs assistance. Help her write the rest of the
project starting with the results.
Readings:

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 Prof. Dr. Dr. Moni Wekesa - LLB 313- RESEARCH METHODS FOR LAWYERS- Course Outline

Wekesa 2016 - chap 10-12

12 To demonstrate how to write a research Each student is to submit the
Submit a written research proposal proposal proposal on the e-learning portal
4
DEC
13 SIT-IN OBJECTIVE CAT ON To illustrate a mastery of various skill To answer MCQ-test online
e-LEARNING PLATFORM
11
DEC

14-15 EXAMINATIONS EXAMINATIONS

TAKE AWAY ASSIGNMENT TO BE SUBMITTED IN WEEK 12 - (4 DEC 2024)

Instructions -
1. Read as widely as possible
2. Use font-size 12, font-type ‘New Times Roman’ and 1.5 line spacing
3. Use OSCOLA style in preparing your manuscript
4. Include references
5. Submit on the e-portal.
Question:
Write a research proposal on a topic of your own choice
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