Njenga v Kenya School of Law & another (Tribunal Appeal E002 of 2025) [2025] KELEAT 2 (KLR) (17 April 2025) (Judgment)
- Court
- KELEAT
- Case number
- 2
- Citation
- [2025] KELEAT 2 (KLR)
- Decided
- 17 April 2025
The Tribunal has jurisdiction to hear the appeal and the eligibility criteria are governed by the Council of Legal Education Act.
Facts
The Appellant, Alvin Njuguna Njenga, sought admission into the Advocates Training Program (ATP) at the Kenya School of Law but was denied admission based on a mean grade C+ requirement in the Kenya Certificate of Secondary Education (KCSE). He appealed the decision.
Issues
- Whether the Tribunal has jurisdiction to hear and determine the appeal.
- What eligibility criteria and applicable laws ought to have governed the Respondent in considering the Appellant’s admission to the ATP.
Reasoning
The Tribunal found that the dispute involves a hybrid dispute under both the Kenya School of Law Act and the Legal Education Act, and that the Legal Education Act mandates the Tribunal to handle disputes related to legal education programs.
Outcome
The appeal is allowed, and the decision is quashed. The Tribunal orders the Respondent to admit the Appellant to the Advocates Training Programme.
Orders
- The decision dated 2nd December 2024 and as armed on internal appeal on 9th December 2024, and 14th January 2024 by Dr. Henry K. Mutai – Director of the Kenya School of Law is quashed.
- A declaration is issued that the Appellant is eligible for admission to the Advocates Training Programme by dint of Regulation 5(d) of the Council of Legal Education (Kenya School of Law) Regulations, 2016.
- The Respondent is ordered to admit the Appellant, Alvin Njuguna Njenga, to the Advocates Training Programme forthwith.
- Each party to bear its own costs of the appeal.
- A party aggrieved is at liberty to appeal to the High Court under section 38 (1) of the Legal Education Act, 2012 on a point of law.
Remedies
- Quashing of the decision denying admission.
- Declaration of eligibility for admission.
- Admission to the Advocates Training Programme.
Authorities cited
Legislation (2)
- Kenya School of Law Act, 2012
- Legal Education Act, 2012
Cases cited (1)
- Owners of the Motor Vessel
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