Kimani v Kenya School of Law; Council for Legal Education (Interested Party) (Appeal E002 of 2021) [2021] KELEAT 346 (KLR) (Civ) (21 August 2021) (Judgment)
- Court
- KELEAT
- Case number
- 346
- Citation
- [2021] KELEAT 346 (KLR)
- Decided
- 21 August 2021
The appellant is eligible for admission to the Advocates Training Programme.
Facts
The appellant, Leon Kamau Kimani, had completed secondary education and obtained a Diploma in Law, after which he pursued a Bachelor of Laws degree at Mount Kenya University. He was denied admission to the Advocates Training Programme by the Kenya School of Law due to his academic performance.
Issues
- Whether the Kenya School of Law has jurisdiction to monitor legal education in Kenya.
- Whether the appellant is eligible for admission to the Advocates Training Programme based on his academic qualifications.
Reasoning
The Tribunal held that the Kenya School of Law Act, 2012 does not restrict the Tribunal's jurisdiction to deal with matters under the Act, including the appellant's appeal. The appellant's academic progression is a matter under the mandate of the Council for Legal Education, which is the interested party.
Outcome
The decision of the respondent to decline the appellant's admission is set aside.
Orders
- The appellant is admitted to the Advocates Training Programme.
- Each party bears their own costs of the appeal.
- Any party aggrieved may appeal to the High Court on a point of law.
Remedies
- Admission to the Advocates Training Programme
Authorities cited
Legislation (2)
- Kenya School of Law Act, 2012
- Legal Education Act, 2012
Cases cited (2)
- Republic v Kenya School of Law & 2 others Exparte Kgaborone Tsholofelo Wekesa (2019) eKLR
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd, [1989] KLR 1
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