Legal Dispute Emerges Over Senior Counsel Title Selection Process

A significant legal battle has unfolded in Kenya's High Court, centered on delays in reconstituting the Committee on Senior Counsel, a pivotal body tasked with selecting advocates for the prestigious Senior Counsel title. Lawyer Francis Njoroge has filed a lawsuit against Dr. Fred Ojiambo, the chairperson of the Senior Counsel Bar, alleging inaction in convening a critical meeting to nominate new committee members, effectively stalling the recognition process for one of Kenya's highest legal honors.

The Committee on Senior Counsel, established under the Advocates Act and the Senior Counsel Conferment and Privileges Rules, is responsible for evaluating and recommending advocates for the elite title, which recognizes outstanding service, integrity, and professional excellence in the legal field. The committee comprises ten members, including a Supreme Court judge nominated by the Chief Justice, a Court of Appeal judge selected by peers, a High Court judge appointed by the Kenya Magistrates and Judges Association, the Attorney-General, the chairperson of the Law Society of Kenya (LSK), three Senior Counsels elected by the Bar, and two seasoned advocates chosen by the LSK.

According to court documents, the committee has been rendered inactive, described as "moribund" by Njoroge, following the expiration of the terms of three members, Prof. Albert Mumma, Zehrabanu Janmohammed, and the late Judy Thongori, on July 23, 2024. Njoroge claims that Dr. Ojiambo has failed to call a meeting of Senior Counsels to nominate replacements, thereby halting the process of conferring the Senior Counsel title. The last appointments to this rank were made in August 2022, highlighting a significant gap in the recognition of qualified advocates.

Njoroge argues that the delay not only undermines the integrity of the conferment process but also denies deserving advocates the opportunity to be considered for the prestigious title. He is seeking court orders to compel Dr. Ojiambo to convene the necessary meeting and facilitate the nomination of new committee members to restore functionality to the committee.

This case is poised to shed light on the inner workings of Kenya's top legal honors system, offering a rare glimpse into the mechanisms behind the conferment of the Senior Counsel title. As the legal community awaits the court's decision, the outcome could have far-reaching implications for the transparency and efficiency of the selection process, ensuring that the recognition of professional excellence in Kenya's legal profession continues without further disruption.