Court suspends new KSL admission rules for trainee lawyer

Nairobi, Kenya - The High Court has temporarily halted the Kenya School of Law (KSL) and the Council of Legal Education (CLE) from enforcing disputed admission rules for the 2027/2028 Advocates Training Programme (ATP). Justice J.N. Onyiego granted the orders due to the urgency of a petition challenging the legality and constitutionality of the admission criteria published for the upcoming ATP intake.

KSL and CLE have been prevented from implementing the contested criteria, processing applications, or admitting students under the dubious requirements until an inter partes hearing. Respondents are required to preserve the pre-publication status quo and file responses within seven days, while applicants have two days to submit a rejoinder if needed.

The case will be heard on October 13, 2026, with both sides allowed to file limited skeleton submissions of no more than five pages, using 13-point font. The petitioners argue that KSL and CLE cannot use annual administrative advertisements to create, amend, or expand statutory admission requirements. They contend that any substantive changes to ATP entry requirements must go through the proper legislative and subsidiary legislation procedures.

The dispute centers on draft regulations prepared by CLE for legal education sector reforms, which have not completed necessary public participation, parliamentary consideration, and gazetting steps. The applicants also question whether adequate public participation occurred before the contested criteria were published, alleging insufficient opportunity for comment from prospective students, universities, legal education providers, professional bodies, and practitioners.

The case raises constitutional and administrative law questions, including potential violations of constitutional articles and breaches of administrative laws. The High Court will now decide the case's next steps based on the parties' arguments presented on October 13.