LSK, Senior Counsel Bar reject plan to give President sole power over Senior Counsel appointments
LSK and Senior Counsel Bar stressed that the current conferment process ensures that only advocates who meet “the highest standard of distinction” are honoured.
The Law Society of Kenya (LSK) and the Senior Counsel Bar have jointly rejected a parliamentary proposal to give the President exclusive powers to confer the rank of Senior Counsel, warning that it would politicise a title reserved for the country’s most accomplished lawyers.
The Advocates (Amendment) Bill, 2025, sponsored by National Assembly Justice and Legal Affairs Committee chairperson George Gitonga Murugara, seeks to amend Section 17 of the Advocates Act to allow the President to grant the title to certain public and political office holders including the Chief Justice, Attorney General, and Speakers of Parliament, without reference to the Committee on Senior Counsel.
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In a joint statement, the two bodies argue that while these positions are important, they do not guarantee the “distinguished contribution to legal practice” required for the rank. The title, introduced in 2003, is meant to recognise exceptional legal excellence, mentorship, and professional standards, awarded through a rigorous, merit-based process set out in the Advocates (Senior Counsel Conferment and Privileges) Rules, 2011.
The LSK and Senior Counsel Bar stressed that the current conferment process ensures that only advocates who meet “the highest standard of distinction” are honoured.
“All 66 current holders of the rank are distinguished individuals who exemplify what it means to be a legal juggernaut,” they noted, adding that several earned the rank before entering public service.
They argued that holding high public office does not automatically equate to meeting the “distinguished contribution to legal practice” that the title demands.
“The purely professional enterprise of conferment of the rank of Senior Counsel must be left to the exclusive professional process contemplated in law,” the statement read.
“Apart from division, discord and litigation, the proposed adulteration of the rank will create two classes of Senior Counsel - one appointed by the president and the other through peer review.”
They added that nothing prevents state office holders from applying under the existing system. “Every advocate of the High Court of distinguished pedigree has a right to be considered fairly, procedurally and objectively,” they said, pointing to the example of Abdikadir Mohamed SC, who earned the title for exemplary service before holding public roles.
"The proposed amendments risk undermining decades of hard-won standards by shifting authority to confer this prestigious rank to political officeholders," said LSK.
They called on Murugara to “unconditionally withdraw the Bill” and engage with the LSK on any reforms affecting legal practice. The Senior Counsel Conferment Committee, they said, is already fully constituted and preparing for the next round of appointments under the current system.
"We call on George Gitonga Murugara to unconditionally withdraw this amendment and reaffirm the existing legal framework supported by public participation."
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