The impeachment of Rigathi Gachagua from the deputy president’s office has sparked a court battle between some of the best lawyers in different sides of the divide. The title ‘Senior Counsel’ has featured in most of the court proceedings of the cases challenging Gachagua’s impeachment and stopping the swearing-in of Prof. Kithure Kindiki as his successor.
What does it take to be a Senior Counsel? Who are the people who have earned this prestigious honour, and what privileges does it come with?
The title of Senior Counsel is reserved for advocates who have demonstrated exceptional skills, integrity, and contributions to the legal profession in their careers.
Qualifications to Become a Senior Counsel
1.Experience: Applicants must have been advocates of the High Court for at least 15 years.
2.Professional Conduct: They should have a reputation for high integrity and unquestionable professional conduct. The person must not have been convicted of any professional misconduct with sound knowledge of the law.
3.Contribution to the Legal Profession: Candidates are expected to have contributed to the development of the legal profession, which can include scholarly writing and presentations.
4.Substantive Legal Experience: They must have argued a significant, precedent-setting case in a superior court or international court.
5.Community Service: Engagement in community service and contributions to the Law Society of Kenya (LSK) are also considered.
The selection process involves vetting by a committee that includes the Attorney General and judges, after which the President confers the title and the names are published in a gazette notice.
Privileges Enjoyed
1.Court Representation: Senior Counsel are given precedence in court or tribunal proceedings, meaning their cases are typically heard first.
2.Special Robes: They have the privilege of wearing special robes similar to those of Court of Appeal judges, which underscores their status in the legal community.
3. In court, Senior Counsels are allocated front seats while attending court sessions.
According to the Law Society of Kenya (LSK), 66 individuals have secured this title.
The list consists of notable figures, including former Chief Justices, former LSK Presidents, Attorney Generals, and prominent legal scholars, highlighting their contribution in the legal field in Kenya.
First Cohort of Senior Counsels
The first group, comprising 19 lawyers, achieved this feat in February 2003.
They include;
1.Achhroo Ram Kapila
2.Satish Gautama
3.Samuel Njoroge Waruhiu
4.Stewart Mackenzie Cook Thompson
5.Peter Le Pelley
6.Mohammed Zahir Malik
7.Ramnik Shah Raishi
8.Former Attorney General Sitswila Amos Wako
9.Lee Gachuiga Muthoga
10.Former Makueni Senator Mutula Kilonzo
11.George B. M. Kariuki
12. Joe Wandago Okwach
13. Dr Fred N’cruba Ojiambo
14.Chief Justice Dr Willy M. Mutunga
15. Paul Kibugi Muite
16. Paul Mathari Wamae
17. Nzamba Kitonga
18. Dr. Gibson Kamau Kuria
19. Simani Sangale
Second Group
President Uhuru Kenyatta conferred the second cohort the title of a Senior Counsel on June 14, 2013.
Among the individuals honored included
1.Former Attorney General Prof Githu Muigai
2.Former Defense CS Raychelle Omamo
3.Ahmednasir Abdullahi
4.Kisumu Senator Prof Tom Ojienda
5.Okong’o Omogeni
6.Kenneth Akide
7.Pheroze Eruch Nowrojee
8.Kenneth Allison Fraser
9. Former Environment CS and Director of Public Prosecutions Keriako Tobiko
10.George Odinga Oraro
11.Siaya Governor James Orengo
12.Joyce Miguda Majiwa
13.Lucy Muthoni Kambuni
14.Prof Patricia Kameri-Mbote
15.Omesh Kapila
Also Read: Where Are They Now: Former Police Bosses
Third Cohort
On July 20, 2020, Uhuru conferred the third cohort the title of a Senior Counsel.
This group consists of popular individuals like
1.Former Vice President Stephen Kalonzo Musyoka
2.NARC Kenya Party leader Martha Wangari Karua
3.Former DPP Philip Murgor
4.Attorney General Dorcas Agik Oduor
5.Rarieda MP Paul Otiende Amollo
6.John Mugwimi Chigiti
7.Om Parkash Nagpal
8.Fackson Wainaina Kagwe
9.Pravin Kumar Bowry
10.Rautta Athiambo
11.Charles Waweru Gatonye
12.Fredrick Ngatia
13.Mohammed Nyaoga
14.Prof Albert Mumma
15.Beauttah Alukhava Siganga.
16.Kiragu Kimani
17.Taib Ali Taib Bajabir
18.Zehrabanu Janmohamed
19.Wilfred Nderitu
20.John Morris Ohaga
21.Kioko Kilukumi
22.Patricia Mande Nyaundi
23.Abdikadir H. Mohammed
24.Judy Thongori
Also Read: Profiles of 14 Lawyers Defending Gachagua in Senate
Last Cohort of Senior Counsels
The fourth and the last cohort were conferred in August 2022 and consist of the following eight lawyers
1.McCourt Kevin Dermot
2.Mwaura Lillian Wakiiya
3.Gathenji Mbuthi
4.Kibet Jinaro Kipkemoi
5.Kamau Karori
6.Mutua Eric Kyalo
7.Gichuhi Allen Waiyaki
8.Kanjama Charles Njiru
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