The Law Society of Kenya (LSK) has formally objected to the admission of six lawyers to the Kenyan Roll of Advocates, claiming that their enrolment earlier this year violated existing legal provisions.
In a letter addressed to the Chief Justice, the society raised concerns over the admission of the six individuals, nationals of South Sudan and the People’s Republic of China, asserting that they do not meet the statutory requirements for entry into the Kenyan Bar.
Under the pre-2012 framework, LSK notes, eligibility for admission to the Kenyan Roll of Advocates is restricted to Kenyan citizens, advocates from the High Court of Uganda or Tanzania, and certain advocates qualified in Commonwealth jurisdictions, subject to statutory conditions.
“The Advocates (Amendment) Bill, 2021 (National Assembly Bill No. 43 of 2021) lapsed with the 12th Parliament. A subsequent Advocates (Amendment) Bill, 2023 remains pending, despite National Assembly Public Petition No. 20 of 2021 by George Nienga Mwaniki and 12 other Kenyan lawyers admitted in Rwanda and Burundi who sought reciprocal admission in Kenya,” the society stated in the letter.
LSK emphasised that neither South Sudan nor China has reciprocal arrangements with Kenya permitting cross-admission of advocates. Additionally, neither country falls within the Commonwealth category contemplated under the Advocates Act. Until Parliament lawfully amends the legislation in compliance with constitutional requirements, LSK argues, the existing legal position is binding on all institutions involved in legal education and admission.
“The society further expresses grave concerns that the Kenya School of Law continues to present manifestly ineligible candidates for admission in disregard of statutory requirements and creating false legitimate expectations,” the letter adds.
LSK is calling for appropriate action to ensure compliance with the law and protect the integrity of the Kenyan Bar, asserting that the six applicants are ineligible for enrolment until legal amendments are enacted.
