Kenya Considers Restricting Foreign Law Students

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 10 August 2019.

Published on August 10, 2019, a task force appointed by the Kenyan government in 2016 has recommended that non-East African Community (EAC) members be barred from the country's Advocates Training Programme (ATP) at the Kenya School of Law.

The proposal, outlined in a report submitted to the National Assembly by Attorney General Kihara Kariuki, would require foreign students to demonstrate eligibility under sections 12 and 13 of the Advocates Act of the laws of Kenya.

According to the report, sections 12 of the Act requires one to be a citizen of Kenya, Rwanda, Uganda, Tanzania, and Burundi, and duly qualified as an advocate to practise law in Kenya. Section 13 sets out the professional and academic qualifications for admission as an advocate, including possession of a Bachelor of Laws degree and completion of the ATP at the KSL.

The task force argues that despite Kenya's efforts to recognize qualifications from other EAC countries, this has not been reciprocated, and recommends that the Kenya government ensure that the process of recognition and approval of foreign qualifications also consider a member state's reciprocity.

The ATP is the vocational training programme for entry into the legal profession in Kenya, and the law requires that before anyone can be admitted to the Roll of Advocates of the High Court of Kenya, such a person must be admitted to and attend the ATP.

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