A lawyer, James Nyanyi Ong’amo, has lodged a petition against Kenya’s Attorney General, the Law Society of Kenya (LSK), and the Committee on Senior Counsel, seeking to have 34 senior lawyers stripped of their prestigious Senior Counsel titles. These titles were awarded during the tenures of Presidents Mwai Kibaki and Uhuru Kenyatta. Ong’amo argues that the appointments were irregular, naming former Chief Justice Willy Mutunga and former Attorney General Amos Wako among those he claims were unlawfully nominated.
“In the event that prayers (a) and (b) are not granted, I request an order compelling the 3rd Respondent to promptly issue notices to members of the 2nd Respondent, inviting applications from individuals who qualify for the rank of Senior Counsel, and to process those applications within a timeframe set by this honourable court,” he states.
Ong’amo contends that 19 lawyers honoured during President Kibaki’s administration and 15 others appointed under President Kenyatta were unilaterally selected, breaching the provisions of the Advocates Act. He asserts that the Committee on Senior Counsel did not recommend these appointments as required by law.
“The first cohort of Senior Counsel were unilaterally and unlawfully appointed by the President, in violation of section 17(2) of the Advocates Act. The Secretary to the Cabinet was not authorised, as occurred with the 2013 Notice for the second cohort, to publish that notice, as that responsibility lies with the Chief Justice under Section 18(4),” the petitioner argues.
The first group of lawyers, elevated to the coveted Senior Counsel rank by President Kibaki on 13 February 2003, includes prominent figures such as Paul Muite, Fred Ojiambo, Gibson Kamau Kuria, Achroo Ram Kapila, Satish Gautama, Samuel Njoroge Waruhiu, Stewart Mackenzie Cook Thompson, Peter le Pelley, Ramnik Shah, Simani Sangale, Lee Muthoga, Mutula Kilonzo, George Benedict Maina Kariuki, Joe Wandago Okwach, Paul Matheri Wamai, and Nzamba Kitonga, alongside Mutunga and Wako.
The second cohort, appointed by President Kenyatta on 4 June 2013, features names like Ahmednassir Abdullahi, James Orengo (Siaya Governor), Prof Tom Ojienda (Kisumu Senator), Prof Githu Muigai (former Attorney General), Pheroze Nowroejee, Raychelle Omamo (former Defence Cabinet Minister), Okongo Omogeni (Nyamira Senator), George Oraro, Prof Patricia Kameri-Mbote, and Keriako Tobiko (former Cabinet Minister and Director of Public Prosecutions). These appointments were gazetted by former Secretary to the Cabinet Francis Kimemia.
Represented by Bryant’s Law Advocates, Ong’amo insists that the Chief Justice, not the President or the Secretary to the Cabinet, should have published the names in the Gazette Notice.
Since 2003, the rank of Senior Counsel has been bestowed upon 66 lawyers. The third and fourth cohorts were announced in 2020 (24 advocates) by Chief Justice (retired) David Maraga and in 2022 (eight advocates) by Chief Justice Martha Koome.
At the core of this legal challenge is an alleged lack of transparency in the selection process for conferring this prestigious title.
