The Senior Counsel (SC) title in Kenya is the pinnacle of professional achievement for advocates, a prestigious honour reserved for the nation’s most exceptional legal minds. Comparable to the Queen’s Counsel (QC) in Commonwealth countries, it signifies profound expertise, ethical integrity, and significant contributions to the legal profession. However, the path to earning this coveted rank is rigorous, and recent challenges threaten its independence and integrity. This article explores the essence of the Senior Counsel title, the meticulous selection process, and the ongoing controversies surrounding it.
The Prestige of Senior Counsel
The Senior Counsel designation is more than a badge of honour; it places recipients among Kenya’s legal elite, often called “legal eagles” for their sharpness and influence in and out of the courtroom. Beyond prestige, Senior Counsels are expected to uphold the highest standards of ethical conduct, mentor younger advocates, and contribute to the development of law and justice in Kenya. Their role is vital in maintaining the profession’s integrity and advancing public interest.
The Selection Process
Earning the Senior Counsel title is no small feat. The process is overseen by the Committee on Senior Counsel, a ten-member body comprising:
- A Supreme Court judge, a Court of Appeal judge, and a High Court judge, nominated by their respective courts.
- The Attorney-General and the President of the Law Society of Kenya (LSK).
- Three Senior Counsels nominated by their peers.
- Two advocates with at least ten years of experience, elected by the LSK.
Candidates must meet stringent criteria, including:
- A minimum of 15 years in active legal practice.
- Outstanding professional competence that sets them apart from peers.
- Impeccable moral character and integrity.
- Significant contributions to the legal profession or public interest, such as pro bono work, mentorship, or legal scholarship.
- A clean record with no pending disciplinary cases or history of professional misconduct.
This rigorous, merit-based process ensures that only the most deserving advocates are conferred the title, maintaining its prestige and integrity.
Current Challenges: A Stalled Committee
The Senior Counsel selection process is currently at a standstill due to the Committee on Senior Counsel becoming “moribund.” The committee’s inactivity stems from the failure of the Senior Counsel Bar to nominate its three representatives after their predecessors’ non-renewable two-year term expired on July 23, 2024. As a result, no new Senior Counsels have been appointed since August 2022.
This issue has sparked legal action. Advocate Francis Njoroge has filed a case in the High Court against Dr. Fred Ojiambo, the Senior Counsel Bar chairperson, accusing him of failing to convene a meeting to nominate the missing representatives. Njoroge argues that this delay prejudices qualified advocates and hampers the committee’s ability to address potential removals from the Senior Counsel Roll. The case, initially assigned to Justice John Chigiti, was reassigned to Justice Roseline Aburili due to a conflict of interest, with a mention scheduled for September 23, 2025.
A Threat to Independence: The Advocates Act (Amendment) Bill, 2025
A more alarming challenge to the Senior Counsel title is the Advocates Act (Amendment) Bill, 2025, currently before the National Assembly. This controversial legislation proposes to transfer the power to confer the Senior Counsel title to the President, bypassing the independent, merit-based vetting process. Critics, including the LSK, warn that this move could politicise the title, allowing politicians, civil servants, or judicial officers to receive it without rigorous scrutiny.
The LSK has strongly opposed the bill, arguing that it threatens the independence of the legal profession and undermines the rule of law. They emphasize that the Senior Counsel rank must remain a merit-based honour, earned through years of dedicated service, not political patronage. In response, the LSK has filed a High Court case to challenge the bill’s constitutionality, seeking a conservatory order to halt its progress. The next hearing is scheduled for July 30, 2025.
The Senior Counsel title remains a hallmark of excellence in Kenya’s legal profession, symbolizing unmatched expertise, integrity, and service. However, the stalled Committee on Senior Counsel and the proposed Advocates Act (Amendment) Bill, 2025, pose significant threats to its integrity and independence. The outcomes of the ongoing legal battles will shape the future of this prestigious recognition and influence the broader landscape of Kenya’s legal profession. As these disputes unfold, the legal fraternity and the public await resolutions that will uphold the sanctity of the Senior Counsel title and the rule of law.
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