The High Court has ordered the Kenya School of Law (KSL) to admit all Law graduates from Kenyan and foreign Universities to the Advocates Training Program (ATP) without considering their overall scores at the KCSE exams.
Speaking to Hot News in April, students from Mt Kenya University said they were worried about their future because many of those who graduate from the University were denied a chance to pursue (ATP) at KSL.
It is after this program that one is Admitted to the Bar (becomes a lawyer).
They said the minimum requirement to take a Diploma course at a Kenyan University is a C plain.
However, for one to be enrolled into the ATP program at KSL, he or she must be a Law Graduate from a recognized Kenyan University.
The candidate must have attained a minimum of Grades B (plain) in English language or Kiswahili and mean grade C (plus) in the Kenya Certificate of Secondary Education.
The Candidate must also sit and pass the Pre-Bar examination’s set by KSL.
Mt Kenya University Students said then that the University only requires them to have qualified with a mean grade of C plain and a C+ plus in English to be enrolled into the Diploma in Law Course.
The University students are among the people who went to court and sued KSL.
High Court Judge John Mativo ruled in their favor in the Judicial review application 20 of 2020.
The judgment disposed six consolidated suits, namely, JR Nos.20 of2020,26 of 2020,8 of 2020,21 of 2020,7of 2020 and 13of 2020.
In all the cases, the applicants challenged the legal and constitutional validity of decisions by the Kenya School of Law declining to admit them into the (ATP).
The Attorney General was the second respondent.
The Council of Legal Education was an interested party.
On17th February2020, the court consolidated the six suits.
Mr. Otene Richard Akomo, the applicant in JR No.20 of 2020, M/s Mukung Temko Mercy, the applicant in JR No.21 of 2020 and Mr.Getrude Moraa Orina &30others, the applicants in JR No.8 of 2020 stated that on 4th September 2019, the KSL placed an advert in the local dailies inviting applications for admission into the ATP for the year 2020/2021prescribing an eligibility criteria which is alien to the KSL Actor.
They stated that the Director of the KSL informed them in writing that their respective applications were unsuccessful because their Kenya Certificate of Secondary Education (KSCE)grades were below the grades stipulated in the KSL Act.
They told the Court that they hold Bachelor of Laws Degree (LLB) from local Universities which is the only requirement for admission to the ATP undersection 16 of the KSL Act as read with paragraph 1(a) of the Second Schedule to the Act.
The applicants added in JR No.20 of 2020 that they were rejected on grounds that their KCSE grades were below the grades stipulated in the KSL Act while the applicant in JRNo.21of 2020 was informed that as per the KSL Act, the Diploma in Law Certificate cannot be considered for admission to the ATP, hence, his provisional admission letter dated 4th December 2019 was revoked on grounds that it was issued in error.
They said Article 43(1)(f) of Constitution guarantees them the right to education which the KSL is illegally denying them.
They also stated that the KSL is the sole institution within the Republic offering the ATP, hence, the refusal, though discretionary, must recognize this monopoly and their huge investment both in time and money.
Lastly, they said the decision is unlawful, unreasonable, procedurally unfair, and materially influenced by aerofoiled.
“KSL’s decision to reject the applicants ‘applications into the ATP is illegal. That KSL’s decisions declining each applicants’ admission into the ATP is a gross violation of the applicants ‘constitutionally guaranteed rights to education provided under Article 43(1) (f) of the Constitution,”
“ An order of certiorari be and is hereby issued quashing the decision by the Kenya School of Law declining each and every individual applicant’s application for admission into the Advocates Training Programme (ATP)for the 2020/2021 academic year and or for any other academic period,” the Judge ruled.
Justice Mativo ordered the Kenya School of Law to admit all the applicants in these consolidated judicial review applications into the Advocates Training Programme(ATP) at the Kenya School of Law.