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Rwanda: Regional Legal Fraternity Calls Out Kenya for Locking Out Rwandan Lawyers

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4 years ago

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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.