New Bill could allow president to award 'Senior Counsel' title to politicians, civil servants
The rank of senior counsel comes with special privileges in court, including priority in the listing of cases, sitting in a reserved area within the bar in courts that have one, and access to the front bench in all other courts.
A fresh push to expand the list of those eligible for the title of senior counsel is underway in Parliament, through a Bill that proposes to honour not only long-serving advocates but also key figures in government and the judiciary who have demonstrated excellence in legal service.
The Advocates (Amendment) Bill, 2025, now before the National Assembly, outlines a broader approach to awarding the distinguished rank.
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It seeks to give the President powers to bestow the senior counsel title on individuals who have served in top constitutional positions, beyond the traditional pool of private legal practitioners.
Among those proposed to qualify are speakers and deputy speakers of Parliament, Chief Justices, Deputy Chief Justices, Attorneys General, Directors of Public Prosecutions, Solicitors General, and heads of legal parliamentary committees.
The list also includes presidents of the Court of Appeal and the Law Society of Kenya, principal judges of the High Court, and other individuals who have offered “exemplary service to the legal and public service in Kenya”.
“The qualifications, skills and qualities required for appointment or election to the positions specified in the Bill make such persons fit for conferment of the rank and dignity of senior counsel,” reads the memorandum attached to the Bill.
If passed, the law could see senior counsel titles granted to current and former officeholders such as National Assembly Speaker Moses Wetang’ula, Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Director of Public Prosecutions Renson Ingonga and Law Society of Kenya president Faith Odhiambo.
Others who would fall under the new criteria include former Speaker Justin Muturi, former Attorney General Paul Kihara, National Intelligence Service boss Noordin Haji and former Law Society of Kenya president Nelson Havi.
The rank of senior counsel comes with special privileges in court, including priority in the listing of cases, sitting in a reserved area within the bar in courts that have one, and access to the front bench in all other courts.
Tharaka MP Gitonga Murugara, who chairs the Justice and Legal Affairs Committee, is sponsoring the Bill.
It insists that only those with a clean professional record and proven excellence in service should receive the title. It also retains the requirement that nominees must have at least 15 years of legal experience.
A new feature introduced by the amendment is a structured nomination process. The Committee on Senior Counsel would be responsible for preparing and forwarding names to the President through the Chief Justice, and a decision must be made within 60 days.
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