The Speaker of the National Assembly, Moses Wetang’ula, Martha Karua, and intelligence chief Noordin Haji are among 97 lawyers who risk losing their Senior Counsel titles after a constitutional petition challenged the legality of the conferment process.
According to petitioner Eliud Karanja Matindi at the High Court in Nairobi, the petition argued that the honours were awarded through a process that ignored public participation and transparency and lacked governing regulations.
“The petition describes the process as opaque and unconstitutional, criticising the absence of public participation, undisclosed selection criteria, and the Attorney-General’s failure to protect the rule of law,” read part of the statement.
Matindi contends that the committee responsible for the conferment lost its authority after the Advocates (Senior Counsel Conferment and Privileges) Rules of 2011 lapsed on January 24, 2024.
Despite this, the committee invited applications in September 2025, recommended 54 names, and the President approved the list, which was later gazetted by the Chief Justice in December 2025.
Therefore, Matindi seeks a court declaration that all conferments are null and void, and an order expunging the names from the Roll of Senior Counsel.
However, the case is set for a hearing on March 9, 2026.
Each year, at least thirty days before March 31, the Committee sends a notice to all members of the Law Society, inviting eligible advocates to apply for Senior Counsel status. Interested advocates submit applications to the Secretary, along with supporting evidence demonstrating the eligibility.
To qualify for Senior Counsel, an applicant must meet the following requirements:
- Is an active legal practitioner and undertakes training of other members in the legal profession.
- Holds a valid practicing certificate or is entitled to act as an advocate at the time of making the application.
- Has not been found guilty of professional misconduct by the Disciplinary Committee established under the Act.
- Possesses sound knowledge of law and professional competence.
- Has argued a substantive matter before a superior, regional, or international court.
- Is a person of integrity, irreproachable professional conduct, and good character.
- Have actively served the Society or other regional or international bar association to which the Society is a member or have undertaken community service.
- Have contributed to the development of the legal profession through scholarly writing and presentations.
The petition has listed 97 advocates whose Senior Counsel titles are being challenged.
They include Prof Githu Muigai, National Assembly Speaker Moses Wetang’ula, Ahmednasir Abdullahi, and veteran politician and lawyer Martha Karua.
Additionally, Other prominent names cited include National Intelligence Service Director-General Noordin Haji, former Law Society of Kenya president Nelson Havi, former Director of Public Prosecutions Phillip Murgor, Kisumu Senator Prof Tom Ojienda, Siaya Governor James Ong’ong’a, former Makueni Governor Kivutha Kibwana, and IPOA Chairperson Ahmed Isack Hassan.
The petitioner argues that all the listed conferments should be nullified if the court finds the process unlawful.
