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The title Senior Counsel (SC) is the highest honor a Kenyan lawyer can achieve, a mark of exceptional skill, integrity, and contribution to the legal profession.
It is a prestigious rank that distinguishes its holders as leaders at the Bar, equivalent to the Queen's Counsel (QC) in the United Kingdom.
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The path to Senior Counsel
Attaining the rank of Senior Counsel is a rigorous and lengthy process.
It is not an honor simply awarded for long service but for a career defined by excellence.
File image of the late Pheroze Nowrojee, Senior Counsel
The primary law governing this process is the Advocates Act.
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To be considered, an advocate must meet several stringent criteria:
Experience: They must have at least fifteen years of experience as an advocate of the High Court of Kenya.
Professionalism: The lawyer must have demonstrated unwavering professional integrity and be in good standing with the Law Society of Kenya (LSK). Any disciplinary action against them is a significant impediment.
Legal Contribution: Candidates must have made substantial contributions to the development of law and justice in Kenya. This can be through landmark court cases, scholarly writings, teaching law, or involvement in key legal reforms.
Competence: They must possess sound legal judgment, high-quality advocacy skills, and a deep understanding of the law.
Interested and qualified advocates submit an application to the Committee on Senior Counsel, which thoroughly vets each candidate against these demanding standards.
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Who confers the title?
The authority to bestow the rank of Senior Counsel rests with the President of Kenya.
However, the President acts on the recommendation of the Committee on Senior Counsel.
Law Society of Kenya President Faith Odhiambo with Chair of the Senior Counsel Bar, Philip Murgor
This committee is a powerful body composed of key figures in the legal sector:
The Attorney General
A Court of Appeal judge
A High Court judge
Three Senior Counsel
Four advocates
After a meticulous vetting process, the committee forwards a list of recommended advocates to the President, who then officially confers the rank upon them.
Privileges of the rank
Once conferred, a Senior Counsel is distinguished in several ways.
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Senior Counsel Martha Karua and Senior Counsel Paul Muite
They are said to have 'taken silk,' a reference to the special silk gowns they are entitled to wear in court, which differ from the woolen gowns worn by other advocates.
Their other privileges include:
Precedence in Court: They have the right to be heard first in court proceedings, sitting in the front benches.
Mentorship: They are expected to provide guidance and mentorship to junior members of the legal profession.
Higher Fees: The rank often commands higher legal fees due to the recognized expertise and seniority.
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Notable Senior Counsels
Kenya has many distinguished Senior Counsels who have shaped its legal and political landscape. The inaugural group was appointed in 2003.
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Senior Counsel Ahmednasir Abdullahi
Some well-known figures who hold the title include James Orengo, Martha Karua, Amos Wako, Prof. Githu Muigai, Fred Ojiambo, George Oraro, and the late Joe Okwach.
Ultimately, the Senior Counsel title is more than just a professional accolade. It is a recognition of a career dedicated to the pursuit of justice, the rule of law, and exemplary service to the nation.