Senior Counsel Qualifications in Kenya

 In Kenya, the title senior counsel is bestowed on an advocate by the President of the Republic after being vetted by members of a committee.

James Orengo, Afmednassir Abdullahi, and Paul Muite are among the notable individuals in the Senior Counsel’s club.

So, how does a lawyer become a senior counsel?

Senior Counsel is equivalent to the rank of Queen’s Counsel in the United Kingdom and some Commonwealth jurisdictions.

The position was first introduced in the country in February 2003. Previously, to qualify as SC one was required to have served as chair of the Law Society of Kenya (LSK).

However, the rules were changed in October 2008 when Okong’o Omogeni was elected as the LSK president.

The Omogeni Regulations, titled SC (Conferment and Privileges) Rules, stipulated that LSK chairpersons would no longer routinely qualify for the prestigious title.

In the new laws, all lawyers would have to apply for consideration.

Qualifications in Kenya

For an advocate to qualify as a Senior Counsel he/she must have rendered exemplary service to the legal and public service through the contribution and development of legal profession like scholarly writings and presentations. He/she must have served as an advocate for not less than 15 years and should be of unquestionable professional conduct and integrity.

Before an advocate is decorated with the status of SC, he/she should have argued a precedent-setting case before the superior courts of Kenya or an International court. The advocate is also required to do community service or serve in any way at the Law Society of Kenya.

If an advocate meets the qualifications of the status Senior Counsel, they can apply to be honored with the title, and a committee comprising of the attorney general, a Court of Appeal judge, a High Court Judge, 3 Senior Counsel, and 4 advocates will vet the candidate and after the vetting process, the committee will recommend names of the advocates to the president for conferment.

The Senior Counsel is not just a title, it is associated with various privileges like wearing special robes similar to the robes of the Court of Appeal judges in court, sitting in front seats during court sessions, leading legal representations, advising the judiciary, and most importantly their cases are dealt with first in court.

After application, a committee comprising the Attorney General, LSK chairman, a Court of Appeal and a High Court judge, three Senior Counsel, and four advocates would vet applicants.

To qualify, one must have 15 years of experience as an advocate of the High Court, be a legal practitioner who undertakes training of junior members and have also argued serious and precedent-setting suits before superior courts.