A law graduate has lost his bid to have the Kenya School of Law admit him to the Advocates Training Programme after being rejected for having a lower grades in KCSE.
Bishar Adan Mohamed sued KSL for denying him admission averring that he has an LLB degree from Mount Kenya University, having graduated in 2017.
It was his contention that the decision by KSL to deny him entry into the ATP was unlawful and a breach of his right to be subjected to fair administrative action and fair treatment pursuant to Articles 47 and 27 of the Constitution.
However, Justice Wildon Korir ruled that KSL cannot be said to have violated the petitioner’s constitutional rights in circumstances where the provisions of the KSL Act were properly applied.
“The petitioner was accorded a hearing as evidenced by the letters exhibited by the parties. The fact that his application was rejected and the subsequent appeal failed cannot be equated to breach of Article 47 of the Constitution,” the September 24 judgment reads.
The court noted that Bishar had not adduced any evidence to support the claim that he was treated differently, hence his right to equality and freedom from discrimination protected under Article 27 of the Constitution was not violated.
“In short, the petitioner has failed to establish a case for the issuance of the orders sought. The petition therefore fails and the consequence is that same is dismissed,” the judge ruled.
Bishar sought a declaration that pursuant to the second schedule of the Kenya School of Law Act Number 26 of 2012, he is entitled to admission to the Advocates Training Programme without being subjected to pre-bar examinations.
He also wanted the court to order KSL to admit him into the next scheduled ATP.
He maintained that his rights to fair administrative action were breached.
He said the ATP is regulated under the KSL Act and Section 16 of the Act provides that those desirous of joining the ATP are eligible for admission if they are qualified as per the provisions of the second schedule.
It was his view that being a law graduate of Mount Kenya University guaranteed him the right to join the ATP without being required to sit pre-bar examination.
The KSL opposed the petition through an affidavit sworn by academics manager Fredrick Muhia.
The manager said Bishar's application to join the ATP was rejected through a letter dated November 10, 2017, because he had not met the prescribed Kenya Certificate of Secondary Education qualifications.
The petitioner was advised that KSL did not have a provision for academic progression which was one of the grounds upon which the petitioner based his application to join the ATP.
Edited by Henry Makori