This archive report was first published on 14 May 2020.
On May 11, 2020, the Law Society of Kenya (LSK) council, led by Nelson Havi, made a drastic decision to nullify the nomination of 24 lawyers to be conferred the rank of senior counsel.
The list included prominent figures such as former Vice President Kalonzo Musyoka and former Justice Minister Martha Karua, who were among the 24 lawyers identified by the Committee on Senior Counsel chaired by Supreme Court judge Justice Mohamed Ibrahim in August 2019.
The decision was taken after concerns were raised about the validity of the Advocates (Senior Counsel Conferment and Privileges) Rules, 2011, which were amended twice in 2012 and 2014 without public participation.
LSK council stated that the process of recommendation for conferment made in 2019 and intended to be made in 2020 was impacted negatively by these issues.
Going forward, LSK now wants legal opinions to be sought from three advocates appointed by the council, two of whom are Senior Counsel, on what changes should be made in the rules to guarantee fairness and integrity of the process.
LSK aims to ensure that the conferment process meets the requirements of Section 7 of the Advocates Act, The Constitution of Kenya, and best practice in the Commonwealth.
