The highest professional recognition for advocates is now caught in a legal limbo.
Lawyer Francis Wanjiku has filed a case before the High Court accusing the chairperson of senior counsel bar, Dr Fred Ojiambo, of failing to call a meeting for purposes of nominating three advocates to the committee on senior counsel.
The committee is tasked with considering applications for the conferment of the rank of senior counsel, making recommendations to the President and addressing applications for removal from the Roll of senior counsel.
Mr Wanjiku says the functions of the committee are critical to the integrity and professionalism of the legal profession in the country.
Here is the lowdown on the dispute and what you need to know about the exclusive club of ‘learned friends’.
What is the grievance?
Mr Wanjiku says since July 2024, senior counsel Dr Fred Ojiambo, the chairperson the senior counsel bar, has failed to call for a meeting for the purpose of nominating three senior counsel members to the committee. The term of the previous members expired on July 23, 2024.
He said the failure to nominate the three representatives had rendered the committee moribund, stalling recognition of qualified advocates, undermining accountability and eroding public confidence in the legal system.
Who are the members of the committee?
The committee has ten members comprising of a judge of the Supreme Court nominated by the Chief Justice, a judge of the Court of Appeal nominated by the judges of the Court of Appeal and a judge of the High Court nominated by the Kenya Magistrates and Judges Association.
Other members are the Attorney General, Law Society of Kenya chairperson, three senior counsel nominated at a meeting of senior counsel and two advocates, who are not senior counsel, but have at least ten years’ experience in practice, elected by LSK.
Who are senior counsel members bar?
The roll was introduced in 2003, and initially, one ought to have served as chairman of the LSK to qualify. The rules were, however, changed in October 2008 and lawyers asked to apply to be considered for admission to the prestigious club.
Currently, there are 62 members of roll of senior counsel. The list is longer, but more than 10 have since passed on.
The last cohort- the fourth cohort- comprising eight advocates, were conferred the honours by President Uhuru Kenyatta in August 2022.
The most senior members are led by former Attorney General and Busia senator Amos Wako, Lee Muthoga, retired judge GBM Kariuki, Dr Fred Ojiambo (current chair), Paul Muite, former Chief Justice Willy Mutunga, Paul Wamae and Dr Kamau Kuria.
The second cohort, conferred the honours on June 14, 2013, is led by former Attorney General Prof Githu Muigai, former Defence CS Raychelle Omamo and Ahmednasir Abdullahi, senators Prof Tom Ojienda and Okong’o Omogeni and Siaya governor James Orengo, among others.
The third cohort was conferred the title on July 20, 2020 included former vice president Kalonzo Musyoka, Martha Karua, Philip Murgor, Attorney General Dorcas Oduor and 20 others.
What does it entail to join the club?
The title of Senior Counsel is conferred on eminent lawyers and is considered the zenith of professional achievement for having irreproachable professional lives. It is similar to the King's Counsel (previously Queen’s Counsel- QC) in the British legal system.
The senior counsel title is reserved for lawyers who have demonstrated not only extensive legal experience but also a commitment to upholding the highest standards of the legal profession and contributing to its development and the broader community.
To be conferred the honours, an advocate must possess a reputation for high integrity and irreproachable professional conduct. One must not have been found guilty of professional misconduct, and applicants must be of good character.
One must also be an advocate of the High Court for more than 15 years or contributed to the development of the legal profession through scholarly writings and presentations.
How does one join?
The committee publishes a notice for candidates to apply to join the Roll and applicants submit their names to the committee on senior counsel for consideration.
The list is then reviewed by senior counsel bar before the names are submitted, within 30 days, to the Chief Justice and who finally transmits the list to the President for conferment.
The President, upon receiving the list of recommended candidates, may grant the rank of senior counsel.
What are some of the privileges enjoyed by members of the senior counsel bar?
Among the benefits enjoyed by senior counsel is that their matters are heard first whenever they appear in courts or tribunals.
They have the honour of introducing other advocates to judges or magistrates, or they can appoint an advocate to do the introduction.
Senior counsel members wear a special gown and court sleeved waistcoat, like the ones worn by judges.
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. And in all other courts, the front bench is reserved for them.
How is one removed as a member of the senior counsel bar?
A member of LSK applies for the removal of a person from the Roll of senior counsel submits a written petition to the committee, and submits a copy of the petition to the LSK council.
The committee then informs the concerned senior counsel of its intention or of receipt of an application to remove his name from the Roll.
The committee then conducts an inquiry on the removal of the senior counsel and shall give the counsel an opportunity to be heard on the petition.
