BY SAM ALFAN.
Law graduates who did not attain mean grade of C+ (plus) in their Kenya Certificate of Secondary Education (KCSE) have been dealt a blow after the Court of Appeal said they cannot join Kenya School Law (KSL).
The appellate court further held that law graduates who did not attain a mean grade of C+ and B- in English and Kiswahili subjects in KCSE respectively, cannot join KSL, as they do not meet the requirements for admission to the Advocates Training Program.
Judges Asike Mukhandia, Jamila Mohamed and Sankale ole Kantai allowed an appeal filed by KSL, challenging a decision of Justice John Mativo (then High Court judge), which quashed the requirement saying it was discriminatory.
The three judges overturned the decision and held that KSL was within its right by declining applications from the law students who did not meet the requirements.
The Court of Appeal judges ruled that the rejection of students who did not meet the requirements by KSL was not in violation of their constitutional rights or infringement of any rights to education as provided for under Article 43(1)(f).
“The decision by the Kenya School of Law declining each and every individual respondents (law students) for admission into the Advocates Training Program (ATP) 2020/2021 academic year was made within the law and is upheld,” ruled the judges.
The judges further said that for avoidance of doubt, the basic requirements for KCSE under section 16 and second schedule of the KSL Act for both students who studied in Kenya and out of Kenya universities.
They added that the section should be read as a whole and not in bits and pieces and the three conditions which are precedent must be met before admission to KSL.
“Failure to meet the basic requirements of the qualifications in KSCE envisaged in the above section renders one’s application incompetent and hence ripe for rejection by the KSL.
The regulations cannot overide the Act the provisions of an Act of Parliament, ” ruled the three judges.
The judges allowed appeal by KSL and set aside the entire high court decision.
The law graduates had challenged the requirements by KSL in a daily advert.
The requirements have locked out thousands of law graduates who aspire to join the Roll of advocates.
