BY SAM ALFAN.
The High Court has suspended a decision by Council of Legal Education purporting to limit gazettement of qualified candidates for admission to the roll of advocates to four times a year.
Justice Jairus Ngaah quashed the decision by CLE published through a legal notice August 3, 2021, which seeks to have the gazettement to the months of March, June, September and December of every year.
The Judge also granted leave to students including Patroba Omwenga, Achieng Sheila and Justus Maeche permission to file an application seeking to compel Kenya School of Law to gazette all students who have qualified.
“I have considered the applicant’s application dated September 15, 2021 filled under certificate of urgency on even date. I am satisfied that the application is urgent and it is so certified. I am also persuaded that the applicant merits to file a substantive motion for judicial review of orders certiorari and mandemus. Leave is thus granted interms of prayers (2) and (3). Leave shall operate as stay of prayer 4,” Judge Ngaah ruled.
The students moved to court seeking to compel CLE to gazette all students whose names have been cleared by KSL.
The trio argued that CLE failed to take all relevant considerations into account in the publication and therefore lack legal basis.
“CLE has acted in bad faith in their decision to gazette qualified candidates only on specific months during the year and this decision of the CLE has introduced a new and unlawful hurdle or requirement which is contrary to the applicant’s right to be admitted to the bar upon qualification,” the trio added.
They contends that the notice offends their legitimate expectation to be admitted to the bar upon qualifying for admission under the provisions of the Advocates Act, as they were denied a reasonable opportunity to state their case.
They further add that some of the lawyers awaiting admission will have to wait for extra periods of more than four months without being gazetted, even after qualifying for admission.
“There is no rational connection between the decision in General Notice No. 13 of 2021, the purpose for which it was taken and reasons given by CLE,” they adds.
