News

In a landmark ruling that promises to reshape the future of legal education in Kenya, the Court of Appeal has dismantled the long-held monopoly of the Kenya School of Law (KSL) over the Advocates Training Programme (ATP). This decision paves the way for other institutions, both public and private, to offer the crucial course required for admission to the Bar.

The Ruling and Its Implications

Justices Patrick Kiage, Lydia Achode, and Weldon Korir delivered the verdict, instructing the Council of Legal Education (CLE) to establish a regulatory framework for licensing other institutions to provide the ATP. This move effectively ends KSL’s 18-year reign as the sole provider of this essential postgraduate diploma.

For aspiring advocates, this ruling is a game-changer. The increased competition among institutions is expected to address several key issues that have plagued legal education in Kenya for years.

Addressing Concerns of Capacity and Cost

The legal battle was sparked by a petition from Stephen Nikita Otinga, who highlighted the strain on resources at KSL due to the growing number of law graduates. This strain, he argued, led to high failure rates in the ATP.

Otinga also raised concerns about the financial burden on students, citing the high costs of remarking and re-sitting exams at KSL. These costs, coupled with the already high fees for the ATP, created a significant barrier to entry for many aspiring lawyers.

KSL’s Response and the Promise of Change
While KSL denied claims of being overstretched and attributed student failures to individual effort, the court’s decision acknowledges the need for a more accessible and competitive legal education landscape.

The Court of Appeal’s ruling also struck down Sections 16 and 26 of the Kenya School of Law Act, which had granted KSL the authority to regulate legal education providers. The judges affirmed that this role belongs solely to the CLE.

With the CLE now empowered to license other institutions, the hope is that increased competition will lead to:

• More affordable ATP programs
• Greater availability of training slots
• Potentially, improved pass rates

Looking Ahead

The ATP covers critical areas of legal practice, including civil and criminal litigation, legal writing, ethics, and conveyancing. By opening up the program to more institutions, Kenya is poised to train a more diverse and well-prepared cadre of legal professionals. This ruling marks a significant step forward in ensuring a more equitable and accessible path to becoming an advocate in Kenya.