Diploma and Certificate Holders Now Eligible for Advocates Training Programme.
The Court of Appeal has ruled that diploma and certificate holders who have advanced to law degrees are now eligible for the Advocates Training Programme (ATP).
Justices Patrick Kiage, Weldon Korir, and Lydiah Achode unanimously declared that the Legal Education Act governs lawyer training in Kenya and dictates the ATP admission criteria.
They emphasized that the ATP diploma, a requirement for admission as an advocate of the High Court, should be accessible to diploma and certificate holders who meet the necessary educational progression requirements.
The ruling clarified that the Council for Legal Education (CLE) acknowledges educational progression, allowing those with a diploma or certificate in law to pursue a law degree. CLE recognizes prior learning and experience in law as valid qualifications for entry into the ATP.
Previously, the Kenya School of Law (KSL) relied on Section 16 of the KSL Act to exclude students who had not directly entered a university law program after attaining the required Kenya Certificate of Secondary Education (KCSE) score.
However, this approach was overturned when the Court of Appeal set aside a High Court ruling by Justice Lawrence Mugambi in a case filed by Stephen Nikita against the Education Cabinet Secretary, the Attorney General, CLE, and KSL.
The three-judge bench, led by Justice Kiage, stated that the Legal Education Act serves as the legal framework for training lawyers in Kenya, including the ATP. They substituted the High Court’s decision with an order granting the petition as requested.
End of KSL’s Monopoly on Advocate Training
The judges also ruled against KSL’s exclusive control over training advocates, stating that Justice Mugambi erred in failing to require CLE to establish regulations that would liberalize legal education.
They noted that the first and third respondents conceded that the judge had overlooked whether CLE had neglected or refused to formulate accreditation standards for legal education providers seeking to offer the ATP.
Nikita’s petition underscored several challenges within Kenya’s legal training system, particularly at KSL. He highlighted the high failure rates in ATP examinations as a major concern, arguing that students who fail are left with two costly options: retaking the failed exams or requesting a remark.
Both options impose a heavy financial burden, exacerbating the already high cost of the ATP. Meanwhile, CLE, responsible for administering the exams, benefits financially from these retakes and remarks.
The court also heard that the consistently high ATP failure rates raise concerns about the professional competence of Kenyan lawyers and their ability to provide quality legal services.
Nikita referenced a task force report led by former Attorney General Prof. Githu Muigai, which found that the ATP was struggling with declining standards due to the large student population. The report recommended allowing other institutions to provide ATP training to improve quality and accessibility.
Despite these concerns, CLE had yet to establish a regulatory framework to accredit other legal education providers.
CLE and KSL Defend Their Monopoly
In response, Principal Secretary for University Education and Research, Beatrice Inyangala, acknowledged the existence of a report advocating for the liberalization of legal education. However, she contended that since KSL and CLE operate under the Attorney General’s office, it is the responsibility of that office to formulate the necessary regulations.
CLE opposed the petition, asserting that no barriers exist for institutions seeking ATP accreditation. KSL, on its part, urged the court to dismiss the case, arguing that the High Court lacked jurisdiction. The institution denied claims that its facilities were overwhelmed and maintained that Nikita had relied on an outdated report.
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KSL informed the court that it had expanded its capacity by hiring more lecturers, improving physical infrastructure, increasing textbook availability, enhancing online library resources, and introducing virtual classes. It also highlighted the creation of a revolving fund aimed at providing financial aid to ATP students in need.
In a further affidavit, Nikita countered that no other institution could offer the ATP due to the absence of established accreditation standards.
Diploma and Certificate Holders Now Eligible for Advocates Training Programme
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