The High Court’s upholding of the Kenya School of Law’s (KSL) decision to deny an applicant admission to the Advocates Training Programme (ATP) due to existing academic requirements has continued to stir discussions on whether the education system was punishing or rewarding success.
Prudence Kabura Ng’ang’a had moved to court to challenge KSL’s refusal to admit her on grounds that she did not attain the minimum KCSE mean grade of C+, arguing that advertisement by the institution divided eligibility into two categories- those admitted to the Bachelor of Laws (LL.B) programme before December 8, 2014, and those admitted after.
Prudence scored a C plain in her 2014 KCSE exams and went on to earn a Diploma in Law with Distinction and later LL.B from the University of Nairobi.
She argued in court that having been admitted after the cutoff, she automatically qualified under Category A1 and was therefore eligible for ATP admission.
The institution rejected her application vide three letters dated October 30, 2024, December 13, 2024, and January 15 last year.
But Justice J. Chigiti in a judgment delivered on April 25, 2025 dismissed the application, ruling that classification alone could not override statutory academic thresholds and therefore “KSL acted lawfully and within its mandate”.
The court held that legitimate expectation cannot prevail against express constitutional and statutory provisions and that granting the orders sought would amount to an illegality.
“The applicant did not fulfil the legal requirements necessary for admission,” the court ruled, adding that under the Kenya School of Law Act, applicants must have a C+ grade and B plain in English or Kiswahili, regardless of their later academic success.
The judgment affirmed KSL’s authority to enforce its admission criteria.
The ruling comes in the wake of the Kenya Universities and Colleges Placement Service (KUCCPS) plans to review the long-standing C+ minimum university entry requirement, on grounds that it was increasingly impractical in light of changing education pathways.
Under the new Competence Based Education, KUCCPS officials say, grading cutoff may no longer reflect current realities, sparking national debate on inclusivity, skills-based progression, and alternative entry routes into higher education.
Chief Executive Officer Agnes Wahome recently said that Kenya’s education had placed unequal value on examination scores and University admission figures, often ignoring other viable career pathways.
Learners who do not qualify for university immediately, she said, find themselves in the higher institutions of learning through certificates and diploma programmes, ultimately earning degrees.
But the court’s decision is clear that policy discussions and proposed reforms do not alter the law until they are formally enacted. Unless the changes are legislated by Parliament, courts will continue enforcing existing statutory requirements.
