Lawyers oppose bid to give President powers to confer Senior Counsel rank

The Law Society of Kenya (LSK) and the Senior Counsel Bar have come out strongly against a proposal to amend the Advocates Act to allow the President unilateral powers to confer the prestigious rank of Senior Counsel.

LSK President Faith Odhiambo, in a statement issued after a joint presser with the Senior Counsel Bar on Friday, said the proposed change risks “undermining decades of hard-won standards by shifting authority to confer this prestigious rank to political officeholders.”

Ms. Odhiambo noted that at present, the conferment of the rank of Senior Counsel – the highest honour within Kenya’s legal profession – is a merit-based process overseen by peers and rooted in independence from political influence.

She maintained that the process “must remain merit-based, peer-reviewed and independent of political influence,” stressing that holders of the honour should continue to represent “legal excellence earned through professional achievement, not an automatic title tied to public office.”

“This process must remain merit-based, peer-reviewed and independent of political influence. Senior Counsel should continue to represent legal excellence earned through professional achievement, not an automatic title tied to public office,” Ms. Odhiambo stated.

The proposed amendment is sponsored by Tharaka Member of Parliament George Murugara. LSK is now calling on the lawmaker to shelve the proposal, saying he should “unconditionally withdraw this amendment and reaffirm the existing legal framework supported by public participation.”

Ms. Odhiambo assured that the society “will continue to engage constructively, as provided under the Law Society of Kenya Act, to shape reforms in defense of our professional standards.”

The title of Senior Counsel is awarded sparingly to outstanding advocates who have demonstrated exemplary leadership, advocacy and contribution to the development of jurisprudence.

Previous appointees include former Chief Justice Willy Mutunga, former Attorney General Githu Muigai, and veteran lawyers Martha Karua and Kalonzo Musyoka.

The Senior Counsel Bar (SCB) on Wednesday elected a new leadership team, ushering in Philip Murgor as Chairperson, Joyce Majiwa as Vice-Chairperson, and Charles Kanjama as Secretary.

Murgor takes over from Dr. Fred Ojiambo, who retires after more than a decade at the helm, having succeeded the late Mutula Kilonzo in 2013.