New Bill Proposes Expanded Presidential Powers to Award Senior Counsel Title
A new bill introduced in Parliament seeks to broaden the scope of who can be conferred the prestigious Senior Counsel title, potentially allowing the President to award it to politicians and civil servants who have held significant leadership roles. This legislative proposal aims to redefine the criteria for the coveted designation, traditionally reserved for distinguished legal practitioners, by including individuals in top constitutional and government positions alongside seasoned advocates in private practice.
The Senior Counsel title in Kenya is a mark of excellence in the legal profession, granting recipients privileges such as precedence in court appearances, reserved seating within the Bar, and the right to wear distinctive robes akin to those of Court of Appeal judges. Historically, the title has been awarded to lawyers who have demonstrated exemplary service to the legal and public sectors. However, the proposed bill could shift this paradigm by opening the door for non-practicing lawyers in high-ranking public roles to receive the honor.
The bill has sparked debate across Kenya's political and legal spheres, with supporters arguing it recognizes the contributions of public servants who have shaped the nation's legal and governance frameworks. Proponents believe that individuals who have served in roles such as Attorney General, Cabinet Secretaries, or other senior constitutional positions deserve recognition for their impact on public policy and law. They contend that the expansion aligns with the evolving nature of leadership and legal influence in Kenya, where public service often intersects with legal expertise.
Critics, however, view the proposal as a move to politicize a prestigious professional honor. They argue that extending the Senior Counsel title to politicians and civil servants risks diluting its value and undermining the merit-based system that has historically defined the designation. Some legal professionals have expressed concerns that the bill could lead to favoritism, with the title being awarded to government loyalists rather than those with proven legal excellence. The Law Society of Kenya has yet to issue an official statement, but discussions within the legal community suggest a divide over the potential implications of the bill.
The proposed legislation comes at a time when the Senior Counsel title is already under scrutiny. Earlier this year, a petition filed at the High Court in Nairobi sought to nullify the appointments of 34 Senior Counsel conferred during the tenures of former Presidents Mwai Kibaki and Uhuru Kenyatta. The petitioner argued that those appointments violated the Advocates Act and lacked proper evaluation against statutory criteria. The new bill could further complicate these debates by expanding the eligibility pool, potentially inviting more legal challenges.
If passed, the bill would grant the President significant discretion in conferring the title, raising questions about the balance of power and the independence of the legal profession. The Committee on Senior Counsel, responsible for recommending candidates, would likely see its role redefined under the new framework. Critics have pointed out that the proposed changes could create a system where political allegiance overshadows professional merit, a concern echoed in public discourse on social media platforms.
Public reaction has been mixed, with some Kenyans expressing frustration over the timing of the bill. Amid economic challenges, including joblessness and rising living costs, critics argue that Parliament's focus on expanding presidential powers for honorary titles is misplaced. Others see it as a step toward recognizing diverse contributions to Kenya's development, particularly from those in public service who may not practice law actively but have influenced legal and governance structures.
The bill is still in its early stages, with public participation expected to play a critical role in shaping its final form. Parliament has yet to announce a timeline for debates and hearings, but the proposal is likely to generate robust discussion in the coming weeks. As Kenya navigates this legislative shift, the outcome could redefine the Senior Counsel title and its place in the country's legal and political landscape.