Being named a Senior Counsel in Kenya is arguably the highest professional honour an advocate can achieve in their career. Imagine it as reaching the peak of distinction, reserved for only the most dedicated and brilliant legal minds, a mark of professional excellence.
Senior Counsel title places you among an elite group often referred to as "legal eagles," a term meant to capture their sharpness and influence in the courtroom and beyond.
In essence, it's Kenya's equivalent of the Queen's Counsel (QC) designation found in many Commonwealth countries, signifying a lawyer of profound experience and standing.
It's not just about prestige, though. Senior Counsels play a vital role in upholding the integrity of the legal profession. They are expected to be beacons of ethical conduct and to contribute significantly to the development of law and justice in the nation.
Selection Process
So, how does one earn such a coveted title? It's certainly not handed out easily. The process is rigorous, ensuring that only those who genuinely merit the recognition are considered.
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At the heart of this selection process lies a body known as the Committee on Senior Counsel. This ten-member committee is tasked with the responsibility of evaluating and recommending advocates for the conferment of Senior Counsel rank.
The committee itself is quite diverse, bringing together various key players from Kenya's legal landscape. It includes a judge from the Supreme Court, another from the Court of Appeal, and a High Court judge, all nominated by their respective judicial bodies.
Also in the panel are the Attorney-General and the President of the Law Society of Kenya (LSK), representing the government and the broader legal fraternity. There are also three Senior Counsels nominated by their peers, and two advocates with at least ten years of experience, elected by the LSK.
The criteria for selection are stringent, reflecting the high standards expected of Senior Counsels. First, an advocate typically needs a minimum of fifteen years in active legal practice, showcasing a long-standing commitment to the profession.
Beyond years of service, candidates also need to demonstrate outstanding professional competence in their legal work. This means not just being good at their job, but excelling in a way that sets them apart from their peers.
High moral character and integrity are also non-negotiable requirements. The title demands a reputation beyond reproach, ensuring that those who carry it are seen as trustworthy pillars of justice.
A candidate's contribution to the legal profession and public interest is also weighed. This could involve pro bono work, mentorship, legal scholarship, or advocating for important public causes.
To be considered for the title, an advocate must also have a clean record, meaning no pending disciplinary cases or any history of professional misconduct. The integrity of the Senior Counsel rank is paramount, and any blemishes on one's ethical standing can be disqualifying.
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Current Contention
However, the path to becoming a Senior Counsel in Kenya is currently facing some significant bumps.
The very committee responsible for vetting and recommending candidates finds itself in a challenging state.
Reports indicate that the Committee on Senior Counsel has become "moribund." This rather strong term means it's effectively inactive or stalled, unable to perform its crucial functions.
The issue stems from the alleged failure of the Senior Counsel Bar itself to nominate its three representatives to the committee. Their predecessors' two-year term, which is non-renewable, expired back on July 23, 2024.
This delay has unfortunately brought the entire recognition process to a grinding halt. The last batch of advocates admitted to the Senior Counsel Bar was back in August 2022, highlighting the prolonged impasse.
Adding to this quandary, a lawyer named Francis Njoroge has taken the matter to the High Court. He has filed a case against Dr Fred Ojiambo, who chairs the Senior Counsel Bar, accusing him of failing to convene a meeting to nominate the missing representatives.
Njoroge argues that this inactivity by the chairperson has prejudiced the legal profession. It prevents qualified advocates from being considered for the rank, and also affects the process of addressing any potential removals from the Senior Counsel Roll.
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Interestingly, the judge initially assigned to the case, Justice John Chigiti, had to step aside. He explained that he was conflicted because he is a member of the Senior Counsel Bar himself. The case has since been reassigned to Justice Roseline Aburili, with a mention scheduled for September 23, 2025.
President to Appoint SCs?
As if the stalled committee wasn't enough, the Senior Counsel title faces another, perhaps even bigger, challenge. A new piece of legislation, the Advocates Act (Amendment) Bill, 2025, now in the National Assembly.
This controversial bill seeks to fundamentally change how Senior Counsels are appointed. It proposes to shift the power of conferment directly to the President, bypassing the independent vetting process of the Committee on Senior Counsel.
Critics are highly concerned that this move could politicise the esteemed rank. It could potentially allow politicians, civil servants, and judicial officers to be awarded the title without undergoing the rigorous, merit-based scrutiny currently required.
The LSK, the main regulatory body for advocates, has vehemently opposed the bill. They argue that such a change would compromise the integrity of the Senior Counsel title and threaten the cherished independence of the legal profession.
The lawyers’ body firmly believes that the Senior Counsel rank should be earned through years of dedicated service and adherence to high professional standards, not through political patronage. They see the proposed bill as a direct threat to the rule of law.
In response, the LSK initiated a High Court case to challenge the constitutionality of the proposed bill. They are seeking a conservatory order to prevent its progression through Parliament. The next hearing for this significant legal battle is set for July 30, 2025.
The path to becoming a Senior Counsel in Kenya, and indeed the very essence of the title, is currently at the centre of two crucial legal disputes. These cases will undoubtedly shape the future of this esteemed recognition and the broader legal profession in the country.
