Editor's Review

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

The Law Society of Kenya (LSK) has opposed the Advocates (Amendment) Bill, 2025, which seeks to grant the President powers to confer the rank of Senior Counsel.

In a statement on Friday, August 15, LSK President Faith Odhiambo said the proposal will undermine long-standing standards built to keep the process fair, transparent, and based on legal excellence.

“The Law Society of Kenya, in conjunction with the Senior Counsel Bar, is firmly opposing the proposed amendment to the Advocates Act that seeks to grant the President unilateral authority to confer the rank of Senior Counsel.

“The proposed amendments risk undermining decades of hard-won standards by shifting authority to confer this prestigious rank to political officeholders. This process must remain merit-based, peer-reviewed, and independent of political influence,” Odhiambo stated.

The LSK President noted that only advocates who meet the highest standard of distinction should be conferred the honor and not an automatic title tied to public office.

File image of LSK President Faith Odhiambo. 

Odhiambo emphasized that safeguarding the process of conferring the Senior Counsel rank protects not only the dignity of the rank and the integrity of the law profession.

She urged Tharaka Member of Parliament George Murugara to withdraw the proposed amendment.

“We call on Hon. George Gitonga Murugara to unconditionally withdraw this amendment and reaffirm the existing legal framework supported by public participation,” Odhiambo added.

The Advocates (Amendment) Bill, 2025, seeks to give the President the power to confer Senior Counsel status on an advocate who has served as Speaker or Deputy Speaker of either House of Parliament, Chief Justice, Deputy Chief Justice, President of the Court of Appeal, Principal Judge of the High Court, Attorney-General, Solicitor-General and Director of Public Prosecutions.

The Head of State may also confer the rank on advocates who have served as chairperson of a parliamentary committee on constitutional and legal affairs, President of the Council of the Law Society of Kenya, or on any individual who has rendered exemplary service to Kenya’s legal profession or public service.

“Conferment of the rank and dignity of Senior Counsel is a recognition given to experienced senior legal practitioners who have demonstrated competence, excellence, and contributed to the development of the law,” the proposed bill reads in part.

The proposed bill also says a person shall not be eligible to be a Senior Counsel unless he or she is a duly enrolled advocate of the High Court of not less than fifteen years' standing.