There is a storm in the legal fraternity after the Council for Legal Education (CLE) qualified a Chinese citizen to practice as a lawyer in Kenya.
This is contrary to the law.
However CLE argues it’s not to blame following the qualification of the Chinese citizen.
In its latest gazette notice of December 24 2025, CLE included the name of a Chinese national among the 163 advocates who are eligible for admission to the bar.
Following the publication, some advocates questioned the list, given that Section 12 of the Advocates Act bars nationals from countries outside the East African Community from being admitted in Kenya.
CLE, which is a regulator of legal training, said the gazetted names make just a list of gazettement of compliant candidates, not admission to the Bar.
The final decision, on admission according to the CLE, is made after a review of the suitability of the candidates before admitting them to the bar.
“The Council of Legal Education only gazettes candidates who have passed ATP Examination and successfully undertaken Pupillage,” CLE said in a statement.
“Compliance is only part of the eligibility criteria for admission to the Bar. Another eligibility criterion includes nationality. The issue of eligibility for admission is canvassed once a candidate petitions for admission to the Bar.”
Some advocates have questioned the explanation, saying that given that the Chinese has been gazetted as compliant, mean she has to be admitted.
Former LSK President and Senior Counsel Nelson Havi said that CLE owes the country an explanation.
“If this is true, the CLE and the Council of Law Society of Kenya owe us an explanation,” Havi said in a post on social media questioning the list.
LSK Vice President Mwaura Kabata, in his comments, said they had raised the matter with CLE, which explained that the Chinese national has a Kenyan parent.
“We spoke with CLE over this, and even the fact that the Mandarin-speaking applicant has a Kenyan parent, the law does not allow that applicant to succeed,” Kabata said.
Section 12 of the Advocates Act states that, “Subject to this Act, no person shall be admitted as an advocate unless (a) he is a citizen of Kenya, Rwanda, Burundi, Uganda or Tanzania and (b) he is duly qualified in accordance with section 13.”
Section 13 provides that a person shall be duly qualified if, having passed the relevant examinations of any recognised university in Kenya, he holds, or has become eligible for the conferment of, a degree in law of that university.
Section 13 (b) says that person must have passed the relevant examinations of such university, university college or other institution as the Council of Legal Education may from time to time approve, he holds, or has become eligible for conferment of, a degree in law in the grant of that university, university college or institution which the Council may in each particular case approve.
This is the latest storm to affect CLE amid calls for reforms in the sector.
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