Proposed law sparks backlash over President’s role in Senior Counsel awards » Capital News

NAIROBI, Kenya, Aug 15 — The Law Society of Kenya (LSK) and the Senior Counsel Bar have rejected a proposed amendment to the Advocates Act that would give the President unilateral authority to confer the prestigious rank of Senior Counsel.

In a statement on Thursday, LSK President Faith Odhiambo warned that the proposal threatens to erode decades of professional standards by shifting the process from an independent, merit-based system to political control.

“The proposed amendments risk undermining decades of hard-won standards by shifting authority to confer this prestigious rank to political officeholders,” Odhiambo said.

“This process must remain merit-based, peer-reviewed and independent of political influence.”

She stressed that the title of Senior Counsel should represent “legal excellence earned through professional achievement, not an automatic title tied to public office.”

Odhiambo urged Tharaka Nithi MP George Murugara — the sponsor of the amendment — to withdraw it unconditionally and uphold the current framework anchored in the Law Society of Kenya Act and includes public participation.

The rank of Senior Counsel is the highest honour within Kenya’s legal profession, akin to the title of Queen’s Counsel in the United Kingdom.

It is awarded to advocates who have demonstrated exceptional competence, integrity, and leadership in legal practice.

Under the current system, the Committee on Senior Counsel, which comprises sitting judges, distinguished advocates, and representatives from the LSK vets nominated candidates for conferrement.

The President’s role is ceremonial, conferring the honour based on the committee’s recommendation.

Since its establishment, the process has remained insulated from political interference, ensuring the recognition is based solely on professional merit.

Odhiambo underscored that maintaining this independence is vital for protecting both the dignity of the Senior Counsel rank and public trust in the legal profession.

“Safeguarding this process protects not just the dignity of the rank, but the integrity of our profession,” she said.

The LSK said it will continue engaging with lawmakers to shape reforms that strengthen — rather than politicise — the legal profession’s highest honours.