Recognition of Qualifications in Law Earned in an East African Community Partner State

Kenya's Practice

Abstract

The Treaty for the Establishment of the East African Community secures specific rights for nationals or citizens of Partner States. These rights include freedom of movement within the Community. In exercise of this freedom, Kenyan nationals have been granted access to training institutions in other Partner States from which they have earned academic and professional qualifications in law. The qualifications are recognised by the host Partner States as being sufficient for accessing the profession of an advocate within their territories. The Protocol on the Establishment of the East African Community Common Market provides for harmonisation and mutual recognition of academic and professional qualifications. Partner States undertook to mutually recognise qualifications granted, experience obtained, requirements met, licences or certifications granted in other Partner States. Harmonisation and mutual recognition of qualifications should be undertaken in accordance with annexes to be concluded by the Partner States. No annexes have been concluded. In the absence of a mutual recognition framework, Kenyan nationals who have earned qualifications in law in other Partner States are subjected to additional requirements in violation of the Treaty. Kenya cannot renege upon her obligations under Community law and must refrain from any acts which would frustrate the objects of the Treaty.