The new list of 54 advocates, including National Assembly Speaker Moses Wetang’ula and National Intelligence Service (NIS) boss Noordin Haji, is set to join the roll after their names were gazetted by President William Ruto on Wednesday.
However, senior counsel Allen Waiyaki Gichuhi states in a petition that the list contains persons who have been found guilty of professional misconduct or with pending complaints before the disciplinary tribunal.
The High Court, however, declined to certify the matter as urgent and instead directed parties named in the case to appear in court on January 21, 2026, for directions on the hearing of the matter.
“I have perused the Originating motion dated 10th December, 2025, filed today under certificate of urgency. I do not find the application and the interdict orders sought to be urgent at this moment,” said the court.
A total of 105 advocates had applied to be considered by the committee on senior counsel. However, the committee recommended to the Chief Justice a list of 54 advocates to be conferred with the prestigious title.
From left: Moses Wetangula, Ruth Anyango Aura, Koki Muli, Noordin Haji, Nelson Havi, Nancy Karigithu and Elisha Ongoya.
Photo credit: File | Nation Media Group
Others whose names were gazetted for conferment are former presidents of the Law Society of Kenya (LSK), Isaac Okero, Nelson Havi and Eric Theuri.
Other prominent personalities on the list are law scholar and former Makueni governor Prof Kivutha Kibwana, Prof PLO Lumumba, Independent Policing Oversight Authority (IPOA) chairman Ahmed Issack Hassan, former PS Nancy Karigithu and Katwa Kigen.
Others are former Judicial Service Commission (JSC) commissioner Mercy Deche, Ambrose Rachier, Dr Koki Muli Gringon, Ms Michi Kirimi, and Dr Muthomi Thiankolu.
Mr Gichuhi, a former LSK president, wants the list quashed and the matter be remitted back to the committee for reconsideration, “strictly in accordance with the rules governing the conferment”.
In particular, he said the committee should exclude applicants who have past criminal convictions for any felony, convictions by the advocates’ Disciplinary tribunal or pending disciplinary complaints before the tribunal.
Mr Gichuhi said if the orders are not granted, there is a risk of establishing a dangerous precedent whereby advocates with findings of misconduct can evade accountability through conferment of the rank of senior counsel and defeat pending complaints before the Disciplinary tribunal, which has no jurisdiction over senior counsel.
Lawyer Allen Waiyaki Gichuhi.
Photo credit: File | Nation Media Group
He pointed out that Rule 7 of the Advocates (Senior Counsel Conferment and Privileges) Rules sets out mandatory eligibility criteria, requiring that an applicant must be a person of integrity, of irreproachable professional conduct and good character and must not have been found guilty of professional misconduct.
Mr Gichuhi also wants the committee compelled to produce information and documents supplied to it regarding any of the 105 applicants who applied for conferment, who had any criminal convictions for felony, convictions by the disciplinary tribunal or pending disciplinary complaints before the tribunal.
He also wants the committee compelled to produce reasons and minutes setting out the reasons as to why applicants with convictions by the disciplinary tribunal or pending disciplinary complaints or with any criminal convictions, if any, were considered for conferment in place of advocates with integrity, irreproachable professional conduct and good character.
The lawyer also wants the committee to produce the criteria applied and any point-based scoring system in considering applications for conferment of the rank of senior counsel.
He said that as a former president of LSK (2018-2020), he was an automatic member of the committee on Senior Counsel, then presided by Omesh Kapila SC.
He said it was a mandatory criterion at the time that any advocate found guilty of professional misconduct or facing any pending complaints before the Disciplinary Committee or had been convicted of any felony was not eligible for consideration.
He said the committee then considered that it would be against the administration of justice and abuse of process if it were to recommend for conferment of the title to any applicant with pending disciplinary issues or sentencing, as that automatically undermines the legitimate right to due process of the law.
He added that the presumption of innocence or stay orders obtained against pending disciplinary matters could not be a criterion to confer such applicants with the rank of senior counsel.
Senior Counsel Bar was introduced in 2003, and there are currently 62 members on the roll of the Senior Counsel Bar, in four cohorts. The fifth cohort will take the number to 116 members.
