From left: Moses Wetang’ula, Nelson Havi, Martha Karua and Ahmednasir Abdullahi.
Some 97 of Kenya’s prominent lawyers, including Prof Githu Muigai, National Assembly Speaker Moses Wetang’ula, Ahmednasir Abdullahi and Martha Karua, now face a prospect of losing their Senior Counsel titles after a constitutional petition challenged the legality of the entire conferment process.
The petition, filed by Eliud Karanja Matindi at the High Court in Nairobi, argues that the conferment of the rank and dignity of Senior Counsel was unconstitutional, unlawful and void from the start.
He says the honours were granted through a process that ignored public participation, transparency and in the absence of governing regulations.
Other prominent Senior Counsels targeted in the suit include National Intelligence Service Director-General Noordin Haji, former Law Society of Kenya Chairperson Nelson Havi and former Director of Public Prosecutions Phillip Murgor.
Also on the list is Kisumu Senator Prof Tom Ojienda, Siaya Governor James Orengo, former Makueni Governor Kivutha Kibwana, and Independent Policing Oversight Authority (IPOA) chairperson Ahmed Isack Hassan. They are named as interested parties in the petition.
At the heart of the legal dispute is the Committee on Senior Counsel, which recommended dozens of advocates for elevation.
Mr Matindi argues that the Senior Counsel committee had no legal authority to act after January 2024, when the Advocates (Senior Counsel Conferment and Privileges) Rules of 2011 were automatically repealed.
“The regulatory framework to recommend persons for conferment of the rank and dignity of Senior Counsel expired on January 24, 2024,” the petition states. It adds that once the rules lapsed, “no person could be recommended for conferment of the honor unless and until a valid process was enacted into law.”
Despite this, the committee called for applications in September 2025, received 105 applications, and recommended 54 names. The President later approved the list, and the Chief Justice gazetted the conferment in December 2025.
“Without any regulations to guide the process of identifying persons for recommendation for conferment of the rank and honor of Senior Counsel, including legal competency of the body undertaking the process, the respondents had no constitutional or legislative authority to recommend and confer the rank and honor of Senior Counsel,” says the petitioner.
“Their actions, and resulting outcome, were therefore unconstitutional, null, and void from the beginning,” he adds.
Mr Matindi says the entire exercise was unlawful. He argues the committee “lost its statutory competency” upon repeal of the rules and could not lawfully perform any functions, including recommending Senior Counsel.
The petition also attacks earlier conferments made in 2013, 2020, and 2022. It claims the same opaque process was used in those years, making all past titles equally vulnerable if the court agrees.
Public participation
Another major complaint is the absence of public participation. The petition insists the rank of Senior Counsel is conferred “by and on behalf of the people of Kenya,” not as a private professional honour. For that reason, the public should have been involved before names were selected.
“The respondents (Committee on Senior Counsel and the Attorney General) did not involve the public in any form or manner,” the petition says.
It adds that public participation under Article 10 of the Constitution “is not an optional extra that can be disregarded at one’s choosing.”
Mr Matindi further argues that the committee failed to explain how it chose successful applicants.
“It is not known how the respondents determined that out of all applicants, only the selected parties met the statutory requirements,” the petition states. It describes the process as mysterious and inconsistent with constitutional demands for accountability and transparency.
He is asking the court to declare all conferments unconstitutional, null, and void. He also wants the Chief Registrar of the Judiciary ordered to expunge the names of all affected advocates from the Roll of Senior Counsel.
If the court grants those orders, the 97 lawyers could lose a title that carries prestige, influence, and professional privilege.
The case is scheduled for hearing on March 9, 2026, and its outcome could redefine how the country honors excellence in the legal profession.
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