Kenya has come under fire for blocking advocates from Burundi and Rwanda from practicing in its territory.
The East African Law Society (EALS) said over the weekend that the decision violated the East African cooperation spirit.
The premier bar association in the region, the ban made through the Advocates (Amendment) Bill, 2021 was a setback to the desired labour mobility in the six nation bloc.
The amended legislation has reportedly been endorsed by the Justice and Legal Affairs Committee of the Kenyan National Assembly.on November 8th this year.
EALS said the ban blocking advocates from Burundi and Rwanda to practice in Kenya "will be in place until the later countries work towards mutual and equivalent harmonization of the requirements for admission to the bar".
The ban was entrenched last week (December 9th) when the Speaker of the National Assembly of Kenya withdrew the Bill that would create provisions to accommodate advocates from the two countries practicing in Kenya.
"This unfortunate development presents yet another challenge to the desire of the East African Community (EAC) unity, whose journey to full integration", remarked EALS President Bernard Oundo.
He said the decision by Kenya to block advocates from the sister EAC partner states would not only make the EAC unity dream elusive but was also "an unrhythmic regressive practice by an individual partner state"
He added that the measure has not come as a total surprise since the bloc has been awash with trade wars among the partner states which include unnecessary non-tariff trade barriers (NTBs)
The acts have impeded free movement of people - including legal service providers - as well as free movement of services and capital "contrary to what is envisaged under the EAC scope of cooperation".
Mr Oundo added that the fresh challenge was also an indictment to the
implementation of the EAC Common Market Protocol which provides, for removal of restrictions on movement of labor services.
implementation of the EAC Common Market Protocol which provides, for removal of restrictions on movement of labor services.
The protocol commits the six partner states - Tanzania, Uganda, Kenya, Burundi, Rwanda and South Sudan - to mutual recognition of academic and professional qualifications, including legal qualifications.
It emerged, however, that while Kenya has been allowing Advocates from Burundi and Rwanda to practice before her courts, Kenyan Advocates have not been accorded corresponding priviledge to practice in the two countries.
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