The East African Law Society (EALS) has criticised the decision by Kenya’s National Assembly to block Rwandan and Burundian advocates from practicing in the country, describing the move as a force impeding the unity and integration of the region.
EALS said that the ‘unfortunate’ development means blocking by Kenya the implementation of the East African Community (EAC) Common Market, which provides for free movement of labor and services in the bloc.
"Our attention has been drawn to recent press reports regarding ongoing debate and public consultations by the National Assembly of Kenya on the law amendments that had effect on Rwandan and Burundian nationals as advocates capable of practicing in Kenya,” read the statement issued by the body.
The communique adds that the decision to block the lawyers presented a challenge towards the desire of the regional body whose integration has been historically difficult, citing the enactment of legal instruments to curb that.
"Our legal instruments provide, among others, for the removal of restrictions on movement of labour services as well as committing member states to mutual recognition of academic and professional qualifications (including legal qualifications),” added the statement signed by Bernard Oundo, the President of the society.
The EALS went on to refute the claims by Kenya that its nationals are not allowed to practice in Rwanda.
"Kenya argues that its national Advocates have not been accorded corresponding privileges to practice in the Republics of Rwanda and Burundi. This is however a misinformed position as Kenyan advocates are allowed and quite a number have been practicing in the Republics of Rwanda and Burundi,” read the statement in part.
Both countries have provisions in their laws to provide for recognition of foreign advocates as below, argued the statement.
"Hence, Kenya’s decision to bar Rwandan Advocates is retrogressive, not in conformity with the spirit of integration and does not motivate the fast-tracking of the conclusion of the relevant MRAs”.
"EALS therefore calls upon the Government of Kenya to respect its obligations under the EAC Treaty and attendant Protocols, show leadership and spearhead the move towards a fully integrated EAC,” noted the statement.
Rwanda Bar speaks out
Contacted for a comment, Moise Nkundabarashi, the president of Rwanda Bar Association, commended the solidarity expressed by the regional body, saying they had also raised similar concerns.
"We had tabled the Mutual Recognition Agreement to the umbrella organisation (EALS), we engaged their attorney general and hence, rebuking them on this matter is something we are proud of,” commented Nkundabarashi.
He added that their decision was contrary to the treaty providing for free movement of services and labour, noting that once nothing is done, the case will be taken to further levels.
The National Assembly of Kenya blocked Rwandan and Burundian lawyers from practicing in the country since early November 22, tabling the claims of lack of reciprocity arrangement which were refuted by Rwanda’s lawyers’ body.
Another claim by Kenya was lack of harmonisation between the legal professional studies of the two countries, where Rwandan legal education implores the civil law tradition whereas Kenya uses common law tradition.
However, the East African Community authorises both the systems as they are internationally recognised.
Following the decision, the Kenyan Assembly faced more criticism both from with in and out.