Court of Appeal Ends Kenya School of Law Monopoly on Advocates Training Programme

The Court of Appeal has ended the Kenya School of Law’s (KSL) 18 year monopoly in training for the Advocates Training Programme (ATP). This is a big win for the country.

Court Ruling on ATP

On 8th March 2025, Justices Patrick Kiage, Lydia Achode and Weldon Korir declared sections 16 and 26 of the Kenya School of Law Act unconstitutional. These sections gave KSL exclusive authority to regulate ATP training which the Court found was the mandate of the Council of Legal Education (CLE).

The ruling directs the CLE to develop and publish a regulatory framework that will allow other institutions to be licensed to offer the ATP. This means universities and private law schools can now compete with KSL in training.

Impact on Legal Education in Kenya

ATP is an 18 month postgraduate diploma for law graduates seeking admission to the roll of advocates. Historically students had to do the programme at KSL before sitting for the bar exam administered by the CLE.

With the new ruling competition will improve training and reduce costs. Students will no longer be limited to KSL, they will have more options to complete their legal education.

High Failure Rates and Financial Burden

One of the key arguments in the case was that KSL’s monopoly had led to high failure rates among ATP students. Between 2015 and 2018 only 14.7% of students who sat for the bar exam passed. Many students alleged that KSL was overburdened and training was subpar.

KSL charges Ksh15,000 to remark a failed exam and Ksh10,000 for every retake. In 2018 alone students who failed would have paid up to Ksh22.8 million to remark and Ksh15.2 million to retake. The financial burden of these fees was one of the main concerns raised by petitioner Stephen Nikita Otinga.

What This Means for Future Law Students

The Court of Appeal ruling means universities and private institutions can now apply to offer the ATP which may make the legal education sector more competitive and student friendly.

Key benefits include:

• Lower Costs: Competition may lead to lower tuition fees and exam related costs.* More Options: Students have more institutions to choose from, less congestion at KSL.
• Better Pass Rates: More training options means better prepared students and better bar exam performance.

Next

CLE has already announced that the framework for licensing ATP providers is in place. They will now need to publish and implement the guidelines. Once the licensing starts, advocates in waiting will have multiple options to complete their training.