The High Court of Kenya delivered a judgement this morning quashing the decision by the Kenyan Council for Legal Education that had blocked non-Kenyans from entering the Kenyan Law School for the post graduate diploma, also known as the Advocates training program, the equivalent of the Diploma at Law Developmental Centre (LDC) in Uganda.
Background
In a story Campus Bee run late last year, the Kenyan Law Council had released a letter that sought to restrict students from other law schools in East Africa from entering the Kenyan law school under the notion that the Kenyan laws barred their admission.
“…non-Kenyans are not eligible to automatic admission to the Law School unless such persons have also been similarly admitted as advocates in their respective countries of origin” reads part of the letter.
However, in the same year, a group of 11 students represented the views of many of those aggrieved by the decision of Law Council and took the matter to court to pronounce itself on the matter. In their petition, their sought an injunction, among other remedies before the High Court of Kenya against the implementation of the letter.
Judgement
In a 23 paged judgement delivered this morning by Justice John M. of the Kenyan High court, the contents of the said letter were declared unconstitutional and discriminatory.
“That a declaration…issued declaring that the letter…violates the petitioners’ rights enshrined under articles…of the constitution of Kenya, 2010 and is therefore declared null and void…” reads the judgement in parts.
In the same decision, the court issued an order compelling Kenyan Law school to admit the total of 11 petitioners for the post graduate diploma.
Students from different universities have been impressed by the decision of the High Court of Kenya, and many are relieved that the option of LDC Kenya is available to them upon completion of law school.
“This is the spirit of the East African Community,” one student expressed referring to the judgement.
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