New Bill extends senior counsel title to MPs, top judges

The Advocates (Amendment) Bill, 2025, before the National Assembly, seeks to open the criteria for awarding this honour to include legal professionals who have served in top constitutional and government roles.

Under the proposed changes, the President would be empowered to grant the rank of senior counsel not only to seasoned advocates in private practice but also to those who have held key leadership positions.

These include speakers and deputy speakers of Parliament, Chief Justices and deputy chief justice, Attorneys General, Directors of Public Prosecutions and chairpersons of parliamentary legal committees.

Those who have held office as Solicitor General, president of the Court of Appeal, or principal judge of the High Court, as well as presidents of the Law Society of Kenya, would also be eligible for the honours.

Persons who have “rendered exemplary service to the legal and public service in Kenya” would also qualify for the conferment of the prestigious title.

“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,” the bill’s memorandum of objects reads.

Many persons holding the top offices presently are yet to be granted the title of senior counsel.

If the Bill is passed, the likes of 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 could join the ranks of senior counsels.

Also eligible for the listing are former National Assembly Speaker Justin Muturi, former Attorney General Paul Kihara, current National Intelligence Service boss Noordin Haji and former LSK boss Nelson Havi.

Senior counsels enjoy privileges including precedence in having their matters mentioned when appearing in court or in a tribunal.

They also have the exclusive right to sit within the bar in all courts in which there is a bar separating the area for senior counsel from the general area of the court. In all other courts, they sit on the front bench.

The Bill sponsored by Tharaka MP Gitonga Murugara, who chairs the Justice and Legal Affairs Committee (JLAC), emphasises that recipients must have "irreproachable professional conduct" and a record of exemplary service.

The amendment retains the existing requirement that candidates must have at least 15 years of legal experience.

However, it introduces a clearer process for nominations, requiring the Committee on Senior Counsel to submit recommendations to the President through the Chief Justice, with a mandatory 60-day review period.

Murugara explained the Bill aims to recognise the contributions of legal professionals who have shaped Kenya’s legal system through leadership in public institutions.

The conferment is a recognition given to experienced senior legal practitioners who have demonstrated competence, excellence and contributed to the development of law.

Notable names in the present list of 66 are former Busia Senator Amos Wako, ex-CJ Willy Mutunga, ex-AG Githu Muigai, ex-Defence CS Raychelle Omamo, Kisumu Senator Tom Ojienda, Nyamira’s Okong’o Omogeni and Siaya Governor James Orengo.

Others are former CS Keriako Tobiko, Wiper leader Kalonzo Musyoka, PLP’s Martha Karua, Attorney General Dorcas Oduor, Rarieda MP Otiende Amollo, former LSK boss Allen Waiyaki and Charles Kanjama.

Critics, however, worry that expanding eligibility as proposed in the Bill could diminish the title’s prestige.

Some legal practitioners fear it may prioritise political connections over courtroom achievements.

"Senior counsel has always been about advocacy skills. We must ensure the honour isn’t diluted," remarked a veteran litigator who declined to be named.

In the current dispensation, lawyers undergo a rigorous approval system to be conferred senior counsel.

As per the existing rules, a person qualifies for conferment if they have argued a substantive matter before a superior, regional or international court.

Other qualifications include being persons of integrity, having contributed to the legal profession through scholarly writings, and not having been found guilty of professional misconduct.

The rules also provide that such persons be active legal practitioners and undertake training of other members in the profession, as well as having been actively served in LSK or an international bar association where LSK is a member.

The approvals usually take six months from the date of receipt of applications by the committee comprising top judges.

Those who have been denied a chance in the first instance can always reapply for consideration by the committee.

INSTANT ANALYSIS

As the Bill moves through the review stages, its passage could mark a turning point in how the country’s legal community defines and rewards professional distinction. For now, all eyes are on Parliament as it weighs this balance between tradition and inclusivity.