Kenya’s Top Legal Minds: Breaking Down the Senior Counsel Title and Ongoing Legal Battles
In Kenya, being named a Senior Counsel (SC) is one of the most prestigious titles a lawyer can earn—it’s considered the highest professional honor in the legal field. Think of it as reaching the very top of the legal ladder, a title reserved only for the most skilled, experienced, and respected advocates in the country.
The Senior Counsel designation places a lawyer among a select group often called “legal eagles”—experts who are known for their sharp legal minds, commanding presence in the courtroom, and significant influence in legal and policy matters. It’s Kenya’s version of the Queen’s Counsel (QC) title found in many other Commonwealth countries, signifying exceptional achievement and legal authority.
But this title is not just about status or recognition. Senior Counsels are expected to lead by example, representing the highest standards of ethics, professionalism, and service to the legal community. They play a critical role in shaping the future of Kenya’s legal system and promoting justice, integrity, and fairness in society.
How One Becomes a Senior Counsel in Kenya
Earning the SC title is no small feat—it involves a tough, detailed process designed to recognize only the most deserving legal professionals. At the core of this process is a body known as the Committee on Senior Counsel, made up of ten members with deep roots in the legal world.
This committee includes three judges—one each from the Supreme Court, Court of Appeal, and High Court—who are chosen by their respective judicial arms. It also features the Attorney-General, the President of the Law Society of Kenya (LSK), three current Senior Counsels nominated by their peers, and two advocates with at least ten years of legal experience who are elected by LSK members.
The requirements for selection are extremely strict. First and foremost, an advocate must have at least 15 years of active legal practice, proving long-term dedication and involvement in the field. However, time alone isn’t enough—they must also show exceptional competence in their legal work, standing out clearly from others in their profession.
Another major requirement is integrity. The title of Senior Counsel demands a spotless reputation—candidates must have strong moral character and be known for ethical behavior both in and out of the courtroom. The committee also considers how a lawyer has contributed to public service or the legal community—this could be through mentorship, pro bono legal work, legal writing, or efforts to advance justice in society.
Importantly, a candidate must have a clean disciplinary record—no pending complaints or past cases of professional misconduct. The SC title carries immense responsibility, and any signs of ethical issues can disqualify an applicant outright.
Also Read: Uhuru Adds 8 Prominent Lawyers to Senior Counsel Club
Current Stalemate: The Committee Grinds to a Halt
Despite the clear process, the system for awarding the Senior Counsel title is now facing serious setbacks. The very committee tasked with selecting SCs has reportedly become “moribund”, meaning it’s inactive and unable to perform its duties.
This deadlock is largely due to the Senior Counsel Bar’s failure to nominate three of its members to replace previous representatives whose two-year non-renewable term ended in July 2024. Without these key appointments, the committee can’t function—and this has stalled the entire SC nomination process.
As a result, the last time lawyers were inducted into the SC ranks was in August 2022, which underscores how long the process has been on hold. Frustrated by the delays, a lawyer named Francis Njoroge has filed a lawsuit at the High Court against Dr. Fred Ojiambo, who chairs the Senior Counsel Bar.
Njoroge accuses Ojiambo of failing to call a meeting to nominate the new committee members, thereby denying qualified advocates the chance to apply for the SC title and blocking the committee from addressing any removals or complaints involving existing Senior Counsels.
The legal battle became even more complicated when the initially assigned judge, Justice John Chigiti, recused himself from hearing the case. He explained that as a member of the Senior Counsel Bar, he could not fairly preside over the matter. The case has now been reassigned to Justice Roseline Aburili, with a mention scheduled for September 23, 2025.
Also Read: Lawyers File Petition to Remove Ahmednasir From Senior Counsel Roll
A New Threat: Will the President Take Over SC Appointments?
As if the stalled committee wasn’t already a major issue, there’s now a new concern that could deeply affect the Senior Counsel institution. A proposed law—the Advocates Act (Amendment) Bill, 2025—is currently before the National Assembly and seeks to change how SCs are appointed.
The bill proposes a major shift in power, giving the President of Kenya the authority to appoint Senior Counsels directly, bypassing the existing vetting process handled by the independent committee.
This proposal has triggered strong opposition from many legal professionals and watchdogs. Critics argue that allowing the President to decide who becomes a Senior Counsel would politicize the process, potentially opening the door for favoritism, political rewards, or the appointment of unqualified individuals from within government or civil service ranks.
The Law Society of Kenya (LSK) has come out firmly against the bill, warning that it could undermine the integrity of the title and erode the independence of the legal profession in Kenya. The LSK insists that the SC designation should be based purely on merit, not political influence or patronage.
In response, the LSK has filed a case in the High Court, challenging the constitutionality of the bill and requesting a conservatory order to stop its progress in Parliament. The next hearing for this landmark case is scheduled for July 30, 2025.
What Lies Ahead?
As it stands, the title of Senior Counsel in Kenya is caught in the middle of two high-stakes legal and institutional battles. On one hand, there’s the dormant committee preventing qualified advocates from being recognized. On the other, there’s the pending legislation that could radically change how SCs are selected—shifting from a professional, independent process to a politically controlled one.
How these disputes are resolved will have long-lasting effects on the legal profession in Kenya. Whether the SC title remains a symbol of legal brilliance and ethical leadership, or becomes a political tool, depends on the outcomes of these court cases and the decisions made in Parliament in the coming months.
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