Recommendation of 54 advocates for conferment of the prestigious Senior Counsel rank has stirred unease within Kenya’s legal fraternity.
This is after several applicants among the 105 who sought the honour challenged credibility of the process.
Under the current procedure, applications are first submitted to the Committee on Senior Counsel. The Law Society of Kenya (LSK) then vets the applicants, reviewing their professional history, conduct and competence, before inviting public participation in which members of the public can lodge objections.
The 10-member Committee—comprising senior members of the Judiciary, LSK representatives and veteran advocates—conducts the final assessment and submits its shortlist to the Chief Justice, who then forwards the names to the President for formal conferment.
The latest call for applications was issued in September, with public participation held between October 8 and October 16, 2025.
Among the critics is advocate Donald Kipkorir, who publicly questioned the legitimacy and fairness of the process, describing it as one that “surrendered to personal prejudice, hatred and bias.” He cited his own record in litigation, legislative drafting, including his role in election law reforms, and commercial advisory work such as the Safaricom IPO, arguing that the LSK appeared beholden to “personal agendas.”
Responding to Kipkorir’s remarks on X, governance expert Ndung’u Wainaina demanded the publication of the criteria and marking scheme used to evaluate candidates for the Senior Counsel rank.
The list shared by the Philip Murgor-led Committee includes National Assembly Speaker Moses Wetang’ula, National Intelligence Service Director-General Nordin Haji, IPOA Chairperson Isaak Hassan and Data Commissioner Immaculate Kassait.
Others named are President William Ruto’s legal adviser and former Solicitor-General Kennedy Ogeto, long-serving Gor Mahia chair Ambrose Rachier, former Makueni Governor Kivutha Kibwana, lawyers Elisha Ongoya, Dr Muthomi Thiankolu, and former LSK presidents Eric Theuri and Nelson Havi.
This is not the first time the selection process has attracted scrutiny. In 2019, lawyers protested after veteran human rights and constitutional advocate Dr John Khaminwa was excluded from the shortlist despite his distinguished career. LSK had then released a list of 24 nominees, including former Vice President Kalonzo Musyoka and Narc Kenya leader Martha Karua, while rejecting Dr Khaminwa and 66 others without explanation.
To qualify for Senior Counsel status, candidates must have at least 15 years of practice in litigation, academia, public service or jurisprudence, demonstrate exceptional professional achievement, contribute to landmark cases or major legal reforms, maintain the highest ethical standards and provide mentorship while advancing access to justice and constitutionalism.
Past LSK presidents automatically qualify.
