The Makueni High Court has granted conservatory orders that prevent the Kenya School of Law (KSL) and the Council of Legal Education (CLE) from admitting or enrolling students under newly advertised criteria for the Advocates Training Programme (ATP) for the 2027/2028 academic year. This decision was made by Justice John Onyiego. The orders were issued pending a petition hearing. The petition was filed by Elizabeth Achieng' and the civil-society group Kioo Cha Jamii.
The petitioners argue that KSL's advertisement creates new admission categories without the required legislative or regulatory authority. They claim that the advertisement does more than announce existing requirements. Instead, it introduces pathways allowing certain law graduates to qualify through additional qualifications or a Pre-Bar Examination. This would enable them to bypass the traditional KCSE mean grade of C+ and a B plain in English or Kiswahili.
The court certified the matter as urgent and served the petition on the respondents. The respondents have been given seven days to file responses, with a hearing scheduled for 13 October. The petitioners maintain that KSL lacks statutory power to amend admission standards via an annual notice. They argue that any substantive change must follow constitutional and legislative procedures.
A separate challenge by High Court advocate Jared Gekombe is set for hearing in Nairobi on 7 October. Gekombe seeks a similar suspension of the advertisement, citing the absence of gazetted regulations under the Legal Education Act. His case relies on a Court of Appeal decision interpreting the Legal Education Act. This decision requires any amendment to ATP admission standards to be formally approved by Parliament before taking effect.
The new admission criteria introduced by KSL have sparked controversy. The petitioners and Gekombe argue that the changes are not in line with the law. They claim that KSL has overstepped its authority by introducing new admission categories without proper legislative backing. The conservatory orders issued by the Makueni High Court have effectively halted the implementation of the new criteria.
The Kenya School of Law and the Council of Legal Education have not commented on the matter. However, the court's decision has significant implications for law graduates who had hoped to join the Advocates Training Programme under the new criteria. The programme is a crucial step towards becoming an advocate in Kenya. The court's orders have created uncertainty for those who had planned to pursue a career in law.
The case will be heard on 13 October, and the court will determine whether the new admission criteria are lawful. The petitioners and Gekombe are seeking a suspension of the advertisement and a declaration that the new criteria are unconstitutional. The outcome of the case will have far-reaching consequences for the legal profession in Kenya.
Key points
- The Makueni High Court has halted the implementation of new admission criteria for the Advocates Training Programme.
- The petitioners argue that KSL lacks statutory power to amend admission standards via an annual notice.
- A separate challenge by High Court advocate Jared Gekombe seeks a similar suspension of the advertisement.
