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.
Privileges Senior Counsels Enjoys
- Court Representation: Senior Counsel are given precedence in court or tribunal proceedings, meaning their cases are typically heard first.
- Special Robes: They have the privilege of wearing special robes similar to those of Court of Appeal judges, which underscores their status in the legal community.
- Front seats In court, Senior Counsels are allocated front seats while attending court sessions.
According to the Law Society of Kenya (LSK), 66 individuals have secured this title.
The list consists of notable figures, including former Chief Justices, former LSK Presidents, Attorney Generals, and prominent legal scholars, highlighting their contribution in the legal field in Kenya.
List of Senior Counsels in Kenya
Lastest Cohort of Senior Counsels
The fourth and the last cohort were conferred in August 2022 and consist of the following eight lawyers
- McCourt Kevin Dermot
- Mwaura Lillian Wakiiya
- Gathenji Mbuthi
- Kibet Jinaro Kipkemoi
- Kamau Karori
- Mutua Eric Kyalo
- Gichuhi Allen Waiyaki
- Kanjama Charles Njiru
Third Cohort
On July 20, 2020, Uhuru conferred the third cohort the title of a Senior Counsel. This group consists of popular individuals like
- Former Vice President Stephen Kalonzo Musyoka
- NARC Kenya Party leader Martha Wangari Karua
- Former DPP Philip Murgor
- Attorney General Dorcas Agik Oduor
- Rarieda MP Paul Otiende Amollo
- John Mugwimi Chigiti
- Om Parkash Nagpal
- Fackson Wainaina Kagwe
- Pravin Kumar Bowry
- Rautta Athiambo
- Charles Waweru Gatonye
- Fredrick Ngatia
- Mohammed Nyaoga
- Prof Albert Mumma
- Beauttah Alukhava Siganga.
- Kiragu Kimani
- Taib Ali Taib Bajabir
- Zehrabanu Janmohamed
- Wilfred Nderitu
- John Morris Ohaga
- Kioko Kilukumi
- Patricia Mande Nyaundi
- Abdikadir H. Mohammed
- Judy Thongori
Second Group
President Uhuru Kenyatta conferred the second cohort the title of a Senior Counsel on June 14, 2013. Among the individuals honored included
- Former Attorney General Prof Githu Muigai
- Former Defense CS Raychelle Omamo
- Ahmednasir Abdullahi
- Kisumu Senator Prof Tom Ojienda
- Okong’o Omogeni
- Kenneth Akide
- Pheroze Eruch Nowrojee
- Kenneth Allison Fraser
- Former Environment CS and Director of Public Prosecutions Keriako Tobiko
- George Odinga Oraro
- Siaya Governor James Orengo
- Joyce Miguda Majiwa
- Lucy Muthoni Kambuni
- Prof Patricia Kameri-Mbote
- Omesh Kapila
First Cohort of Senior Counsels
The first group, comprising 19 lawyers, achieved this feat in February 2003. They include;
- Achhroo Ram Kapila
- Satish Gautama
- Samuel Njoroge Waruhiu
- Stewart Mackenzie Cook Thompson
- Peter Le Pelley
- Mohammed Zahir Malik
- Ramnik Shah Raishi
- Former Attorney General Sitswila Amos Wako
- Lee Gachuiga Muthoga
- Former Makueni Senator Mutula Kilonzo
- George B. M. Kariuki
- Joe Wandago Okwach
- Dr Fred N’cruba Ojiambo
- Chief Justice Dr Willy M. Mutunga
- Paul Kibugi Muite
- Paul Mathari Wamae
- Nzamba Kitonga
- Dr. Gibson Kamau Kuria
- Simani Sangale
The selection process involves vetting by a committee that includes the Attorney General and judges, after which the President confers the title and the names are published in a gazette notice.
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