Former LSK president Gichuhi loses bid to quash list of senior counsel
Crime and Justice
By
Kamau Muthoni
| Mar 10, 2026
The High Court in Nairobi has thrown out a case filed by former Law Society of Kenya President Allen Gichuhi’s challenging the conferment of his 54 colleagues as senior counsel.
Justice Roselyn Aburili on Tuesday said that Gichuhi had jumped the gun as he did not follow the appeals mechanism provided by the law, before approaching the court.
Justice Aburili said that he ought to have asked the committee of senior counsel for the information about the process of selecting the 54 including Court of Appeal Judges Issack Hassan and Katwa Kigen, National Assembly Speaker Moses Wetang’ula, former LSK presidents Nelson Havi and Eric Theuri and challenge the appointment of those who he felt ought to be left out through an appeal before going to court.
“The applicant had the opportunity to seek the information, and only then would he fail; he would approach the court. The statute provides the appeals mechanism. I therefore allow the application and strike it out,” she ruled.
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The Judge noted that the title can be stripped away if a complaint is raised against the individual advocate.
In the case, Gichuhi urged the court that any advocate who is facing or had pending complaints before the disciplinary committee or had been convicted for any felony, ought ot have been left out of the list.
He urged the court to quash the entire list and order that a fresh exercise be conducted, considering the total 105 advocates who had applied for the same.
“The decision of the first respondent ( committee of senior counsel) dated December 3, 2025 conferring 54 Advocates for conferment of the rank of senior counsel ought to be set aside and the matter be remitted for reconsideration by the first respondent de novo of the 105 applicants to the exclusion of those applicants who have any past criminal convictions for any felony, convictions by the disciplinary tribunal.
A total 105 advocates had applied for the position. However, the committee settled for 54 of them.
In the case, Gichuhi said that the decision by the committee had set a dangerous trajectory as advocates who had pending or had been found to have conducted themselves in a dishonourable manner had an avenue to escape accountability.
He also argued that, being a former LSK President between 2028 and 2020, and sitting in the committee as an automatic member then, there was a consensus that only those without any issues would sail through.
The senior counsel bar came to be in 2003.
According to the Law Society of Kenya, one must have a minimum of 15 years' experience as an advocate, high integrity, and unquestionable professional conduct.
In addition, he or she must also have contributed to the development of the legal profession through scholarly writings and presentations within the legal profession.
Once vetted, the committee recommends the names to the President for conferment. The names are then published in a gazette notice, opening a floodgate of privileges.
According to the Advocates (Senior Counsel Conferment and Privileges) (Amendment) Rules, 2014, a SC enjoys privileges of having their cases dealt with first in court or before a tribunal.
They also allowed wearing special robes in court.
“They have the prestige of appearing robed in court, with a gown and court-sleeved waistcoat similar to Court of Appeal Judges,” the rules state.
Such preferential treatment does not end with robes as they also get to sit in the front seats while attending court sessions.
They have to treat their juniors whenever they go for lunch or tea.