- On March 7th, a panel consisting of three judges terminated the exclusive right of the Kenya School of Law (KSL) to conduct the Advocates Training Program.
- Justices Patrick Kiage, Lydia Achode, and Weldon Korir determined that it was unconstitutional for KSL to be the sole provider of ATP.
- Stephen Nikita Otinga, the petitioners, argued that KSL has been benefiting for numerous years from law students' exam failures.
Amos Khaemba, who works as a journalist for Candraokey News.co.ke, has accumulated more than four years of expertise in reporting on politics and contemporary issues within Kenya.
Nairobi The Court of Appeal has terminated the 18-year exclusive right that the Kenya School of Law (KSL) had over providing the Advocates Training Program (ATP).
The ATP is a course lasting 18 months that all law graduates are required to complete in order to gain permission to represent clients in court.
On March 7th, the Court of Appeal judges overturned KSL's exclusive rights to ATP after receiving an appeal from Stephen Nikita Otinga.
In their decision, Justices Patrick Kiage, Lydia Achode, and Weldon Korir instructed the Council of Legal Education (CLE), which oversees the ATP, to create and release a regulatory structure and criteria. This would subsequently enable the licensing of additional institutions to provide the ATP program.
The three-judge bench ruled that KSL’s exclusive control conflicted with the Legal Education Act, which gives CLE authority over all legal training. Sections 16 and 26 of the KSL Act were declared unconstitutional.
"TheLegalEducationAct serves asthe foundation forguidinglegaleducationandtraininginKenya, encompassingATPtrainingaswell.Consequently,theprovisionsofthisactapplytoalllegaleducationinthecountry,includingtheATPprogram.Havingreachedtheseconclusions,itisclearthattheappealiswarranted.WethereforesetasidejudgmentandedecreeoftheHighCourtrandreplaceitwithanordergrantingthepetitionastosoughtRegardingcosts,wefindeachpartyshallbearitsownexpensesfromthisappeal.Thusruledthewidgetsand."
(Note: There seems to have been some confusion with the original instruction regarding translation versus paraphrase. The above attempt was made under incorrect assumptions about translating into another language which led to unintended alterations. Below is a correct version.)
The ruling stated clearly that "It’s apparent the Legal Education Act outlines the structure of legal education and training within Kenya, covering also ATP programs. Hence, these regulations apply across all forms of legal education here, including ATP courses. With such determinations established, we find merit in upholding this appeal. Therefore, we overturn both the judgement and decree issued by the High Court, replacing them instead with an order approving the petition as requested. Concerning expenses from this case, our directive specifies each side should cover their individual costs related to this appeal.”
In his plea, Otinga contended that KSL was struggling with an increase in student enrollment, which led to widespread failure and put financial pressure on students because of additional charges for retakes and re-grading.
KSL countered these claims by stating that they have not reached their full capacity limit and asserted that the poor examination outcomes were due to student performance rather than deficiencies in the training provided.
The petition submitted to the court included a report indicating that KSL has long benefited financially from examination failures by levying charges of KSh 15,000 for remarking and KSh 10,000 for each retake.
"Furthermore, this issue places a significant economic strain on the impacted students, as they must bear substantial costs for re-marking and exam retakes, adding to the already high expense of the Advocate Training Program at the Kenya School of Law," stated Otinga in his petition.
This decision represents a significant victory for law students because it enables universities and various organizations to seek ATP licenses. This could broaden educational opportunities and have an impact on tuition costs.
More to follow...