NAIROBI, Kenya — A new Bill before the National Assembly proposes to significantly widen the scope of who qualifies for the prestigious title of senior counsel in Kenya, marking a shift from tradition in how the legal honour is conferred.
The Advocates (Amendment) Bill, 2025, spearheaded by Justice and Legal Affairs Committee Chair Tharaka MP Gitonga Murugara, seeks to expand eligibility beyond long-serving advocates in private practice to include high-ranking public officials who have demonstrated excellence in legal service.
If enacted, the law would grant the President authority to award the senior counsel title to a broader group, including:
- Speakers and Deputy Speakers of Parliament
- Chief Justices and Deputy Chief Justices
- Attorneys General, Solicitors General and Directors of Public Prosecutions
- Presidents of the Court of Appeal and Principal Judges of the High Court
- Current and former heads of the Law Society of Kenya
- Chairs of parliamentary legal committees
- Other individuals who have provided “exemplary service to the legal and public service in Kenya”
“The qualifications, skills and qualities required for appointment or election to the positions specified in the Bill make such persons fit for conferment of the rank and dignity of senior counsel,” reads the memorandum accompanying the Bill.
The proposed changes would allow the title to be conferred upon current and former public officials, including National Assembly Speaker Moses Wetang’ula, Chief Justice Martha Koome, Deputy CJ Philomena Mwilu, DPP Renson Ingonga, and LSK president Faith Odhiambo.
Others who stand to benefit include former AG Paul Kihara, ex-Speaker Justin Muturi, NIS Director General Noordin Haji, and former LSK president Nelson Havi.
Privileges and Conditions
The rank of senior counsel, often likened to Queen’s Counsel (QC) in other jurisdictions, comes with privileges such as priority case listing, reserved court seating, and access to front benches in courtrooms.
To maintain the integrity of the title, the Bill maintains key safeguards — including the requirement that all nominees must have at least 15 years of legal experience and a clean professional record.
It also introduces a structured nomination process, requiring the Committee on Senior Counsel to forward a list of nominees to the President through the Chief Justice. The President would then have 60 days to make a decision.
A Controversial Expansion or overdue recognition?
The proposal has stirred debate within the legal community, with some arguing that it risks politicising the award of the title, while others see it as a long-overdue recognition of public servants who have made significant legal contributions from outside the courtroom.
Currently, the senior counsel title is awarded to a select group of highly accomplished advocates, mostly from private practice, through a rigorous vetting process conducted by the Committee on Senior Counsel under the Advocates Act.
The new Bill signals a move toward acknowledging the wider scope of legal excellence within Kenya’s legal and governance structures.
If passed, the law would mark one of the most significant updates to legal honours in Kenya’s history — with the potential to reshape how legal merit is recognised in public service.
