NAIROBI, Kenya, Feb 27 — The Law Society of Kenya (LSK) has objected to the proposed admission of two Chinese and four South Sudanese nationals as Advocates of the High Court of Kenya, citing the absence of reciprocal arrangements between Kenya and their countries of origin.
In a letter dated February 11, 2026, addressed to Chief Justice Martha Koome, the LSK called for withholding of the admission of the six individuals listed in Gazette Notices No. 19126 and 1154, published on December 24, 2025, and January 30, 2026, respectively.
The notices were issued by the Council of Legal Education (CLE) and the Judiciary, listing persons who had complied with Section 13 of the Advocates Act, passed the requisite examinations, and completed pupillage.
However, the LSK maintains that the gazettement of the six foreign nationals contravenes Section 15 of the Advocates Act, which requires the existence of reciprocal arrangements before foreign nationals can be admitted to practise law in Kenya.
According to the LSK, neither the People’s Republic of China nor South Sudan has established reciprocal agreements with Kenya that would allow Kenyan advocates similar practice rights in those jurisdictions.
“Neither South Sudan nor the People’s Republic of China has reciprocal arrangements with Kenya, and neither are they members of the Commonwealth,” the LSK stated, adding that the Judiciary’s intervention is crucial in safeguarding the local legal practice space pending legislative reforms.
The Society further argued that binding court decisions have already clarified the legal position on foreign admissions.
It cited determinations in Law Society of Kenya v Attorney General & 2 others [2019] eKLR, Otieno & another v Council of Legal Education [2021] eKLR, and Council of Legal Education v Tusasirwe & 13 others [2025] eKLR, which declared unconstitutional the 2012 amendments to Sections 12 and 13 of the Advocates Act for lack of public participation.
As a result of those rulings, eligibility reverted to the pre-2012 framework, limiting admission to Kenyan citizens, advocates from the High Court of Uganda and Tanzania, and certain Commonwealth-qualified advocates.
South Sudan and China are not members of the Commonwealth, and no reciprocal arrangements exist with Kenya, the Society emphasised.
Legislative gaps persist
Efforts to amend the law and broaden eligibility have stalled in Parliament. The Advocates (Amendment) Bill, 2021 lapsed with the 12th Parliament, while the Advocates (Amendment) Bill, 2023 remains unenacted.
The LSK noted that attempts to address admission issues for Rwanda and Burundi — including a public petition before the National Assembly — have yet to yield legislative change.
“The Judiciary’s assistance is crucial in safeguarding our practice space pending legislative action by Parliament to regulate foreign lawyers’ admission and practice in Kenya,” the Society said.
The LSK now says the persistent challenges highlight the urgent need for legislative reform to align Kenya’s legal framework with its East African Community (EAC) commitments while safeguarding Kenyan advocates.
The controversy intensified in January after the Council of Legal Education gazetted the name of Chinese national Shelina Qi among 163 advocates deemed to have complied with academic and training requirements.
The move drew criticism from members of the legal fraternity who argued that Section 12 of the Advocates Act bars nationals from countries outside the East African Community from admission.
In response, the regulator clarified that gazettement does not amount to automatic admission to the Bar.
“The Council of Legal Education only gazettes candidates who have passed the 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 criterion includes nationality. The issue of eligibility for admission is canvassed once a candidate petitions for admission to the Bar.”
CLE maintained that the final determination on admission rests with the Chief Justice upon review of each candidate’s petition.
The LSK has now called on Chief Justice Koome to exercise her discretion under Section 15 of the Advocates Act and decline the admission of the six foreign nationals until reciprocal agreements are formally established.
