Kenya School of Law to admit non-Kenyans, court rules

High Court Judge John Mativo has quashed a decision directing Kenya School of Law not to admit non-Kenyans into the Advocates Training Programme saying that it violates the provisions of Article 47 of the Constitution and the Fair Administrative Act.

Judge Mativo further quashed the internal memo dated 17th November 2016 issued by the Kenya School of Law addressed to all non-Kenyans to the Advocates Training Programme (ATP)

“A decision contained in the letter dated 25th October2016 (Ref CLE/INS/23/Vol.11/(14) authored/signed by Prof W. Kulundu-Bitonye, EBS, Secretary/Chief Executive Officer, Council of Legal Education, addressed to Prof P.L.O. Lumumba, Director/Chief Executive & Secretary, Kenya School of Law, directing the Kenya School of Law not to admit non-Kenyans into the Advocates Training Programme for qualifying as advocates candidates for automatic admission to the Roll of Advocates in Kenya” ruled judge Mativo.

In the case, seven non-Kenyans studying law moved to court to challenge the legality and constitutionality of a decision by the Counsel of Legal Education barring the Kenya School of Law from admitting non-Kenyans to the Advocates Training Programme (ATP), saying that the decision is void and discriminatory

The Attorney General filed grounds of opposition arguing that petitioners have not demonstrated how their constitutional rights have been violated.

The AG further argued that that the Council of Legal Education is mandated to supervise and control legal education, that there has been an error in procedure of admitting foreign nationals to the Advocates training programme, and that the Kenya School of Law should not admit students from the East African States to train to qualify as advocates for automatic admission to the Roll of Advocates and that such students can only be admitted as advocates in Kenya upon being admitted as advocates in their countries.