- LSK president Nelson Havi says the application for conferment of ranks will be done afresh.
- Majority of LSK members expressed dissatisfaction with composition of the selection committee and impartiality of its members.
Image: FILE
The Law Society of Kenya has cancelled the conferment of senior counsel rank to 24 lawyers.
Wiper leader Kalonzo Musyoka and Narc-Kenya party boss Martha Karua were among the lawyers elevated to the coveted rank last year.
According to a letter seen by the Star, the society decided to revoke the conferment following questioning of the impartiality of the Committee on Senior Counsel recommendation.
In the letter, LSK president Nelson Havi says the application for conferment of ranks would be done again to ensure the process is credible and transparent.
On August 26, 2019, the Committee on Senior Counsel recommended 24 advocates out of 90 applicants for conferment of the rank of senior counsel.
The majority of LSK members expressed dissatisfaction with the composition of the committee and the impartiality of its members.
Two cases were filed challenging the conferment and concerns were raised on the validity of the advocates conferment rules, the LSK said.
The rules have been amended twice without public participation and this, according to the LSK, impacted negatively on the process of recommendation for conferment.
Consequently, the council deliberated on May 11, 2020, and resolved to set aside the decision the committee made on August 26.
This in effect cancelled the decision for conferment of the 24 advocates.
They further resolved to seek legal opinions from three lawyers appointed by the council, two of which are senior counsels, on what needed to be changed in the rules to ensure good governance, integrity, transparency and accountability of future recommendations for conferment.
Among the 24 are Wiper leader Kalonzo Musyoka, Marth Karua, Dorcas Oduor, Philip Murgor, Patricia Nyaundi, Judy Thongori, Prof Albert Mumma, John Ohanga, Kioko Kilukumi, Fred Ngatia, Rautta Athiambo, Waweru Gatonye and Wilfred Nderitu.
The conferment is derived from the Advocates Act, which states that the President may grant a letter of conferment to any person of irreproachable professional conduct who has rendered exemplary service to the legal and public service.
Senior counsels enjoy a set of privileges when handling their matters before court.
They are allocated special seats – most of the time getting the exclusive right to sit in front of judges and magistrates - wear special robes and are given preference.
When appearing before a tribunal, the senior lawyers also put on sleeved waistcoats similar to those adorned by Court of Appeal judges.
They also have a special space in time slots where their matters are heard and dispensed with first.
Currently, there are about 20 lawyers who have earned the title of senior counsel in Kenya.
Edited by Henry Makori