Lawyer Amanya Cohen and Asiimwe Fred Johnson for thirty seven students from the Kenya School of law who are challenging de-registration from the advocates training program and denial of some of them from sitting for the final exams on Wednesday October 29, 2015.
BY SAM ALFAN.
Thirty seven students from the Kenya School of law have moved to court challenging de-registration from the advocates training program and denial of some of them from sitting for the final exams.
The students moved to court under certificate of urgency seeking conservatory orders staying the entire process of clearance and registration of exams claiming that it is discriminative.
Through their lawyer Asiimwe Fred Johnson and Amanya Cohen the students claims that the entire process of Registration for the ATP Examination and issuance of Examination cards for the year 2015/2016 does not adhere to principles of Natural Justice.
Lawyer Asiimwe says that the petitioners were admitted and registered by the Kenya School of Law after fulfilling all the requirements and are holders of the Admission letters, Identity cards, library cards and registration numbers.
“The students have been attending lectures, classes and participating in program such as moot courts and legal clinics organized by the Kenya School of Law,” said Cohen.
The students have sued the Council of Legal Education, Professor Bitonye Kulundu (secretary council of legal education), The Kenya School of Law and the Attorney General.
He claims that Kenya School of Law issued a notice requiring the students to apply for the final written examinations of which they did but to his surprise he was issued with the letter denying them an opportunity to participate in the forthcoming ATP final Examinations.
They term the act as unlawful and that if orders are not issued they shall suffer immensely as they will lose a further two years before they are re-admitted at Kenya School of Law and further two years before they can be enrolled as advocates of the High court of Kenya.
“This is an infringement of the student’s constitutional rights to complete their education,” said Asiimwe. They claim that on February 2015 they were issued with library cards and school IDs all dated January 14, 2015 and expiring on December 31, 2016.
They claim that on October, the Council of Legal Education (CLE) issued a notice requiring all Kenya school of Law students to apply for Registration for the November examinations, which all students did.
“To our surprise CLE issued us with letters indicating that we will not be allowed to sit for the November ATP examinations without even according us an opportunity to present our case and be heard, which letters dated October 22, 2015 left us devastated,” say students.
They claim the respondents actions are discriminatory, unfair oppressive and oppressive and unconstitutional to the petitioners who have spent valuable and considerably much time attending classes since 12 January 2015 and have in the process paid tuition fees, incurred substantial accommodation and transport expenses while attending classes for the last ten months.
Lawyer Cohen says the students are entitled to access to information to determine the basis of their denial to sit and participate in the ATP Examinations for the academic year 2015/2016 and the persons who were involved in the exercise and if any consultations took place.
According to him, the students have been indirectly denied access to learning facilities at the Kenya School of law by denying them to sit and do their final ATP Examinations and their legitimate expectations to continue their studies having commenced the same in January 2015 and having paid all the school dues.
Justice Onguto declined to issue any conservatory orders despite the effort by the two lawyers to convince him to grant them the orders sought in their application.
He certified the matter urgent and directed the case to be heard on Tuesday next week before Justice Mumbi Ngugi for further directions.
