LSK Opposes Admission of Six South Sudanese and Chinese Lawyers to Kenyan Bar

By : Mweru Mbugua 

The Law Society of Kenya (LSK) has formally challenged the admission of six foreign nationals to the Kenyan Roll of Advocates, citing alleged violations of existing legal provisions

In a letter addressed to the Chief Justice, the lawyers’ body objected to the enrolment of the six individuals—nationals of South Sudan and the People’s Republic of China—arguing that they do not meet the statutory requirements for admission to the Kenyan Bar

LSK maintains that under the pre-2012 legal framework governing admissions, eligibility is restricted to Kenyan citizens, advocates of the High Courts of Uganda and Tanzania, as well as certain advocates qualified in Commonwealth jurisdictions, subject to specific statutory conditions

According to the society, neither South Sudan nor China has reciprocal agreements with Kenya that would allow for cross-admission of advocates. Additionally, the two countries do not fall within the Commonwealth jurisdictions contemplated under the Advocates Act

The society further noted that attempts to amend the law to accommodate advocates from Rwanda and Burundi have not succeeded. The Advocates (Amendment) Bill, 2021 (National Assembly Bill No. 43 of 2021) lapsed with the 12th Parliament, while the Advocates (Amendment) Bill, 2023 remains pending

This follows National Assembly Public Petition No. 20 of 2021 filed by George Nienga Mwaniki and 12 other Kenyan lawyers admitted in Rwanda and Burundi seeking reciprocal recognition in Kenya

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LSK argues that until Parliament lawfully amends the Advocates Act in line with constitutional requirements, the current legal framework remains binding on all institutions involved in legal education and admission

The society has consequently declared the six applicants ineligible for admission and called for corrective measures to ensure compliance with the law

It also raised concern over the conduct of the Kenya School of Law, accusing it of presenting “manifestly ineligible candidates” for admission, thereby disregarding statutory requirements and creating false expectations among applicants