- KSL maintained that Maina’s application for admission into the school was incompetent as he did not meet the required admission requirements.
- KSL further contended that Maina was relying on academic progression, which was not provided for in the Kenya School of Law Act, 2012.
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A man with three university degrees has lost his battle to become an advocate.
Paul Maina completed his law degree from Riara University in July 2023 with second class upper division.
He is also a 2015 graduate of Egerton University, with a Bachelor of Commerce (Banking and Finance option) and where scored second class upper division.
Maina also earned a Master of Business Administration (Strategic Management) degree from Mount Kenya University July 9, 2022.
He applied to be admitted for the advocates training programme at the Kenya School of Law, a one-year prerequisite for one to be called to the bar.
But KSL declined his application, telling him that his low scores in English and Kiswahili in his KCSE exam were inadmissible.
Maina scored a mean grade of C+ in KCSE and C- in English and B-in Kiswahili, the key subjects whose minimum scores determine legal training.
He got admission at Riara for the law degree in 2019 while pursuing his master’s degree at Mount Kenya University.
According to the Kenya School of Law Act, admission to the advocates training programme requires a valid law degree, a minimum KCSE grade of C+ and a B plain in English or Kiswahili.
Upon his rejection by KSL, Maina appealed at the Legal Education Tribunal arguing that the school outstepped its bounds in its decision.
He argued that it was not for Kenya School of Law to question his suitability but only the Council for Legal Education.
“The appellant submits that no questions were raised about his qualifications when being admitted to the university for his LLB degree. He submits that only the Council for Legal Education is mandated to object to his qualifications for admission to LLB degree as the regulator of legal education in Kenya,” he said in his appeals.
But the school defended its decision, arguing the tribunal was not the right place for the man to present his plea “as it related to matters of admission to the Advocates Training Programme which were regulated by the Kenya School of Law Act, no. 26 of 2012 while the Tribunal was established under the Legal Education Act, no. 27 of 2012.”
KSL maintained that Maina’s application for admission into the school was incompetent as he did not meet the required admission requirements.
KSL further contended that Maina was relying on academic progression, which was not provided for in the Kenya School of Law Act, 2012.
In the end, the tribunal sided with the school, holding that despite the multiple degrees the man had accumulated, his weak showing in the KCSE could not allow him to study the advocates’ course.
As per established by case law, academic progression that can be considered for advocates training in case of weak KCSE must be a previous training in law, say diploma in law, and not in any other discipline.
The tribunal eventually held that the law requires an applicant for ATP must demonstrate that they have a law degree and the mandatory KCSE scores.