A significant legal battle has begun in Nairobi that could halt the appointment of 54 lawyers to the prestigious rank of Senior Counsel. The case, filed by a current Senior Counsel, alleges serious flaws in the selection process, including the recommendation of individuals with past disciplinary findings.
The Court’s Initial Stance
On 10 December 2025, High Court Judge R.E. Aburili considered an urgent application to stop the process. The application was filed by Allen Waivaki Gichuhi SC, who sought an immediate court order, known as an interdict, to prevent the list of recommended lawyers from being sent to the President for formal appointment.
However, the judge did not agree the matter required urgent intervention at that moment. The court directed the applicant to formally serve the case documents on all involved parties. A hearing for further directions was scheduled for 21 January 2026.
The Core of the Dispute
The challenge targets the “Committee on Senior Counsel,” which on 4 December 2025 published a list of 54 advocates recommended for the honor. Mr. Gichuhi’s court papers argue the list is unlawful for several key reasons.
1. Alleged Breach of Mandatory Rules
The applicant claims the committee ignored its own mandatory rules. Rule 7 of the relevant regulations states that a candidate must be a person of “integrity, irreproachable professional conduct and good character” and must not have been found guilty of professional misconduct. The application alleges the list includes advocates who have been:
- Convicted of professional misconduct by the Advocates Disciplinary Tribunal.
- Subject to pending disciplinary complaints.
- Found by courts to have breached professional undertakings, a serious ethical violation.
2. Risk of Undermining Disciplinary System
A major concern raised is that conferring the rank of Senior Counsel on someone with a pending disciplinary complaint would effectively nullify that complaint. This is because the Disciplinary Tribunal loses jurisdiction over cases against Senior Counsels. The applicant argues this would be an abuse of process, allowing lawyers to use the honor to evade accountability.
3. Claims of an Unfair Process
The application contends the committee’s evaluation was “inefficient, unlawful, unreasonable and procedurally unfair,” violating constitutional rights to fair administrative action. It suggests the committee acted with bias, favoring candidates with disciplinary issues over those with unblemished records.
Specific Allegations and Evidence
The supporting affidavit provides specific examples to illustrate these concerns.
- It names Nelson Andayi Havi as a recommended candidate despite a 2025 finding of guilt for professional misconduct by the Disciplinary Tribunal, where only sentencing was suspended.
- It cites past court judgments against other recommended advocates for failing to honor financial professional undertakings.
- It references a social media post by a committee member, Ahmednasir Abdullahi SC, which the applicant suggests shows improper motives in the selection.
Mr. Gichuhi, a former President of the Law Society of Kenya, also states that during his tenure on a previous selection committee, it was an automatic rule to exclude any advocate with a record of misconduct or pending complaints.
The Relief Sought from the Court
The applicant is asking the High Court for a range of orders, including:
- An injunction to stop the entire conferment process based on the current list.
- An order for the committee and the Law Society to disclose all relevant information about the candidates’ disciplinary histories.
- An order to quash the current list of 54.
- A declaration that anyone found guilty of misconduct or with pending complaints is legally barred from being appointed Senior Counsel.
- An order that the committee must restart the selection process, strictly adhering to the rules on integrity and good character.
What Happens Next
While the request for an immediate emergency stop was declined, the substantive case is very much alive. All parties must now prepare for the January hearing. The outcome will hinge on whether the court agrees the selection committee acted unlawfully and whether the integrity of one of the legal profession’s highest honors has been compromised.
The case puts a spotlight on the standards expected of Kenya’s most senior lawyers and questions whether the process designed to appoint them upheld its own rules. Read more HERE
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