In Kenya’s legal fraternity, the rank of Senior Counsel (SC) remains one of the most prestigious distinctions an advocate can attain. Modelled on the Commonwealth’s tradition of honouring exemplary legal practitioners, the title is more than a ceremonial badge. It signals professional excellence, ethical integrity and long-standing service to the development of the law. The path to joining this rarefied circle is steep, deliberate and anchored in statutory criteria designed to preserve the dignity of the Bar.
To qualify, an advocate must first satisfy the baseline requirements of section 17(2) of the Advocates Act, which emphasises competence, experience and adherence to the profession’s standards. But the threshold goes significantly further. A prospective Senior Counsel must be an active practitioner—not merely in private practice, but also in the training of younger lawyers, contributing to the growth of the profession’s capacity. The applicant must hold a valid practising certificate and must not have been found guilty of professional misconduct by the Disciplinary Committee. This requirement serves as a safeguard: the honour cannot be conferred upon anyone whose conduct has cast doubt on their suitability to uphold the values of the legal community.
A hallmark of the SC designation is demonstrated mastery of legal argumentation. The candidate must have argued a substantive matter before a superior, regional or international court, showing both deep knowledge of the law and the ability to handle complex, high-stakes litigation. The profession’s emphasis on intellectual contribution is also clear. Applicants are expected to have enriched jurisprudence through scholarly writings, presentations or other avenues of advancing legal thought.
Crucially, integrity forms the backbone of the criteria. Beyond legal skill, an aspiring Senior Counsel must be a person of good character, known for irreproachable conduct and an exemplary reputation. Service is equally central: applicants should have actively supported the Law Society of Kenya (LSK), participated in regional or international bar associations or engaged in community service. The rank is therefore a recognition of both professional excellence and civic-minded contribution.
The privileges attached to the title reflect its stature. Senior Counsel enjoy precedence when their matters are mentioned in court, reinforcing their special standing in the legal hierarchy. When robed, they may wear a gown and sleeved waistcoat similar to that of judges of the Court of Appeal. They also have the exclusive right to sit within the Bar—a symbolic and literal positioning that distinguishes them from the general body of advocates. Other privileges may be granted by the Council from time to time.
The SC designation can be used formally, but it is equally tightly guarded. Anyone struck off the roll or stripped of their practising certificate loses the right to the title, preserving its integrity.
In essence, becoming Senior Counsel is a recognition of excellence earned over decades. It matters because it affirms the standards of Kenya’s legal profession—expertise, integrity and service—while offering the public a clear marker of advocates who embody the very best of the Bar.
