The Law Society of Kenya (LSK) has called for the immediate withdrawal of a proposed review of the law that would allow the President to appoint lawyers to the rank of Senior Counsel.
In a statement, LSK President Faith Odhiambo said the amendment to the Advocates Act, proposed by George Gitonga Murugara, undermines the independence of the legal profession and the principles of public participation.
“This proposal risks politicising the Senior Counsel designation process, which has always been handled independently to safeguard merit and professionalism,” Faith said.
Concerns Over Legal Independence
The LSK argues that giving the President the power to make such appointments could compromise the objectivity and integrity of the profession.
The current process involves a rigorous selection procedure through the Committee on Senior Counsel, ensuring transparency and adherence to the Law Society of Kenya Act.
“The independence of the legal profession is critical to the protection of democracy and the rule of law; any attempt to politicise appointments must be firmly resisted,” read the statement.
Call for Withdrawal
LSK has called for the immediate withdrawal of the amendment and pledged to continue engaging constructively on reforms that protect the dignity and standards of the legal profession, as provided under the Law Society of Kenya Act.
“We call on Hon. George Gitonga Murugara to unconditionally withdraw this amendment and reaffirm the existing legal framework supported by public participation,” Faith added.
“The Law Society will continue to engage constructively, as provided under the Law Society of Kenya Act, to shape reforms in defence of our professional standards.”
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Faith stressed that the Society remains committed to reforms that are inclusive and uphold the rule of law.
Upholding Professional Standards
According to LSK, public participation is a constitutional requirement and must be respected in all legislative changes. Society says it will oppose any move that sidelines this process.
The LSK maintains that the designation of Senior Counsel should remain a professional decision free from political influence.
Proposal on Presidential Appointments
George Gitonga Murugara, the Tharaka MP and chair of the Justice and Legal Affairs Committee, is sponsoring the Advocates (Amendment) Bill, 2025, which proposes to allow the President to confer the Senior Counsel title on individuals who have served in top constitutional positions.
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The Bill outlines that eligible individuals include speakers and deputy speakers of Parliament, Chief Justices, Deputy Chief Justices, Attorneys General, Directors of Public Prosecutions, Solicitors General, heads of legal parliamentary committees, presidents of the Court of Appeal and the Law Society of Kenya, principal judges of the High Court, and others who have offered exemplary service to the legal and public service in Kenya.
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