Nairobi, October 22, 2026 — The High Court has allowed a petition challenging the conferment of Senior Counsel titles on 97 advocates to proceed to a full hearing, after dismissing preliminary objections that sought to stop the case.Eastleighvoice
In a ruling dated October 19, Justice Gregory Mutai rejected arguments by the Committee on Senior Counsel and the Law Society of Kenya (LSK) that the petition was incompetent and that the court lacked jurisdiction. He held that the case raises substantive constitutional questions, including whether the conferment process complied with requirements for transparency, public participation and accountability, and whether the committee that recommended the most recent recipients was legally constituted.Eastleighvoice
The petition was filed by Eliud Karanja Matindi, a public-interest litigant. He is seeking declarations that the titles awarded to the 97 advocates are unconstitutional, null and void, and wants the Chief Registrar of the Judiciary directed to remove their names from the Roll of Senior Counsel. The affected appointments cover four batches made in June 2013, July 2020, August 2022 and December 2025.Eastleighvoice
Matindi argues that the process violated Articles 10 and 232 of the Constitution, which set out national values and principles of governance, including transparency, accountability and good governance. He further contends that the Advocates (Senior Counsel Conferment and Privileges) Rules of 2011 expired in January 2024, leaving the committee without a legal basis to recommend the 54 advocates who received the title in December 2025.Eastleighvoice
The respondents maintained that the rules remained in force following amendments introduced through the Finance Act, 2023. Justice Mutai said the legal status of the rules, along with other contested issues, would be determined at the substantive hearing.Eastleighvoice
The judge also rejected claims that Matindi lacked standing because he is not an advocate or a member of the LSK, and found that arguments about delay and insufficient evidence were matters for the full hearing rather than a preliminary objection. He noted that the challenge to the 2025 conferments had been filed promptly, while earlier awards would require further consideration.Eastleighvoice
Justice Mutai further declined Matindi’s request to strike out filings by lawyers representing the committee and the LSK over alleged breaches of court orders restricting public entities from engaging private advocates.Eastleighvoice
The decision clears the way for a full hearing of a case that targets some of Kenya’s most prominent lawyers, including politicians, senior advocates and other public figures. The outcome could affect the professional status and privileges attached to the Senior Counsel rank for the 97 advocates named in the petition.