Kenya School of Law v Akomo & 41 others
The bottom line
#Kenya's Court of Appeal ruled that all Kenya School of Law applicants must meet KCSE grade requirements, regardless of where they earned their law degree.
What this practically means
#Executive summary
#Key legal issues
#Applicable admission criteria to the ATP for locally and foreign-trained LLB graduates
Section 16 and the second schedule of the KSL Act must be read as a whole; the KCSE requirements are mandatory for all applicants irrespective of where the LLB was obtained.
Paragraphs 1(a) and 1(b) of the second schedule are separated by a semicolon with conditions following; both limbs must meet the conditions precedent. Reading 1(a) as exempting local graduates from KCSE requirements would treat identically-scoring students differently based only on where they studied, producing absurdity and negative discrimination contrary to legislative intent.
Whether declining admission violated the right to education and was discriminatory
No violation; the rejection was lawful. The law prohibits only unfair discrimination, and the respondents' interpretation would itself create negative discrimination.
The court distinguished discrimination from unfair discrimination, relying on Nyarangi v AG and Griggs v Duke Power. The common denominator of KCSE grades applies equally to all applicants; the trial court's interpretation would have discriminated against foreign-trained graduates and was not the legislative intent.
Scope of the Council of Legal Education's duties
The Council regulates legal education at certificate, diploma and degree levels and must ensure compliance with admission requirements at the point of entry, but its regulations cannot override the KSL Act.
The Legal Education Act empowers the Council to make admission regulations and supervise providers, but the KSL Act, an Act of Parliament, sets the admission criteria to the ATP; subsidiary legislation is subordinate and cannot displace the statutory criteria.
Progression in legal education
Only prior learning and experience in law counts as progression; a diploma in law or related course may qualify, but the statutory KCSE requirements must still be met first.
Section 8(3)(c) of the Legal Education Act requires a system recognising prior learning and experience in law. Unrelated qualifications such as aeronautics degrees or interior design diplomas are not progression towards law, and even relevant diplomas cannot displace the primary statutory KCSE requirements.
Legal principles established
#- The KCSE basic requirements under section 16 and the second schedule of the KSL Act apply to all applicants to the ATP, whether their LLB was obtained from a Kenyan or a foreign university; the section must be read as a whole.
- Subsidiary legislation cannot override the provisions of an Act of Parliament.
- Only prior learning and experience in law can constitute progression in legal education; unrelated diplomas or degrees are not progression towards studying law.
Court orders
#- 1.Appeal allowed
- 2.Judgment and decree of the trial court set aside
- 3.Each party to bear their own costs
- On appeal from
- High Court of Kenya at Nairobi
- Judicial Review Petition No. 20 of 2020 (consolidated with JR Petitions No. 7, 8, 21 & 26 of 2020)
- Jurisdiction invoked
- First appeal to the Court of Appeal under the Court of Appeal's appellate jurisdiction (appeal from High Court judicial review judgment and decree)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya School of Law v Akomo & 41 others", Case Analysis (2022). Civil Appeal E472 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1132/eng@2022-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.