LSK challenges admission of 6 foreigners to Kenya roll of advocates
The Law Society of Kenya (LSK) has formally challenged the admission of six foreign nationals to the Kenyan Roll of Advocates, terming the move unlawful and contrary to existing statutory provisions.
In a letter addressed to the Chief Justice, the lawyers’ body objected to the enrolment of the six advocates who are citizens of South Sudan and the People’s Republic of China arguing that they do not meet the legal threshold for admission to the Kenyan Bar.
LSK maintains that under the pre-2012 legal framework governing admission, eligibility is restricted to Kenyan citizens, advocates from the High Courts of Uganda and Tanzania, and certain practitioners from Commonwealth jurisdictions, subject to specific statutory conditions. According to the society, neither South Sudan nor China has reciprocal arrangements with Kenya that would permit cross-admission of advocates.
“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,” reads the letter
Additionally, the two countries do not fall within the Commonwealth category contemplated under the Advocates Act.
The society further noted that previous attempts to expand the law to accommodate advocates from other jurisdictions have stalled in Parliament.
It cited the lapse of the Advocates (Amendment) Bill, 2021 (National Assembly Bill No. 43 of 2021) with the end of the 12th Parliament, as well as the pending Advocates (Amendment) Bill, 2023.
LSK also referenced National Assembly Public Petition No. 20 of 2021, filed by George Nienga Mwaniki and 12 Kenyan lawyers admitted in Rwanda and Burundi, who sought reciprocal recognition in Kenya.
That petition, the society observed, remains unresolved, further underscoring the absence of a lawful framework for broader cross-border admissions.
The lawyers’ body insists that until Parliament amends the Advocates Act in line with constitutional and statutory requirements, the current legal position remains binding on all institutions involved in legal training and admission.
Consequently, LSK argues that the six applicants are ineligible for enrolment and has called for corrective measures to ensure strict adherence to the law.
The society also expressed concern over what it described as a growing pattern by the Kenya School of Law of presenting candidates it considers manifestly ineligible for admission, warning that such actions risk creating false expectations and undermining the integrity of the legal profession.
