The Law Society of Kenya (LSK) has raised serious concerns over the recent enrolment of six foreign nationals into the Kenyan Roll of Advocates, arguing that the process violated existing law.
In a letter to the Chief Justice, the lawyers’ body insisted that the applicants, from South Sudan and the People’s Republic of China, do not meet the legal criteria required for admission to the Kenyan Bar.
According to LSK, the current framework, as set before 2012, limits eligibility to Kenyan citizens, advocates from the High Court of Uganda or Tanzania, and certain lawyers qualified in Commonwealth countries, provided they meet specific statutory conditions.
The society highlighted that neither South Sudan nor China has reciprocal arrangements with Kenya that would allow their advocates to be cross-admitted. Additionally, these nations do not fall under the Commonwealth category referenced in the Advocates Act.
LSK noted that attempts to amend the law to accommodate lawyers from Rwanda and Burundi have stalled.
"The Advocates (Amendment) Bill, 2021 (National Assembly Bill No. 43 of 2021) lapsed with the 12th Parliament.
A subsequent Advocates (Amendment) Bill, 2023 remains pending, despite National Assembly Public Petition No. 20 of 2021 by George Nienga Mwaniki and 12 other Kenyan lawyers admitted in Rwanda and Burundi who sought reciprocal admission in Kenya," the letter reads.
The society insisted that until Parliament lawfully amends the Advocates Act in line with constitutional requirements, the existing law remains binding on all institutions involved in legal education and admission.
Accordingly, LSK maintains that the six foreign applicants are ineligible for enrolment and has urged the relevant authorities to take corrective action.
"The society further expresses grave concerns that the Kenya School of Law continues to present manifestly ineligible candidates for admission in disregard of statutory requirements and creating false legitimate expectations," the letter states.
The society’s move underscores the need for strict compliance with the Advocates Act and signals a potential legal challenge if the enrolments proceed without parliamentary approval.
