Willy Mutunga, Ahmednasir And Oraro Among 34 Who Could Lose Their Prestigious Senior Counsel Title

Former Chief Justice Willy Mutunga, former Attorney General Amos Wako, lawyers Ahmednasir Abdulahi and George Oraro are among the top lawyers who could be stripped of the coveted title of Senior Counsel if a petition filed by a Kenyan goes through.

In a petition filed against the Attorney General, Law Society of Kenya (LSK), and the Committee on Senior Counsel, James Nyanyi Ong’amo wants names of about 34 senior lawyers conferred with the title during Presidents Mwai Kibaki and Uhuru Kenyatta’s reigns struck off the roll of honour on grounds that they were irregularly nominated.

Ong’amo wants a fresh list of names compiled and sent to LSK for conferment of the title to deservedly qualified persons.

“In the event prayers (a) and (b) are not granted, an order compelling the 3rd Respondent to forthwith and notices to members of the 2nd Respondent inviting applications from persons who qualify for conferment of the rank of Senior Counsel and process those applications within such time as may be determined by this honorable court,” he says. Ong’amo says 19 lawyers honoured during President Kibaki’s time and 15 others nominated to the prestigious roll of honour were unilaterally appointed in breach of the provisions of the Advocates Act and that the recommendations for appointment did not come from the Committee on Senior Counsel.

“The first cohort of Senior Counsel were unilaterally and unlawfully appointed by the President in breach of section 17(2) of the Advocates Act. The Secretary to the Cabinet was not authorized as was done in respect to the 2013 Notice (of the second cohort), to publish that notice as that duty is by Section 18(4) donated to the Chief Justice,” says the petitioner.

Revered class

In the first cohort of lawyers who were nominated to the revered class are Mutunga, Wako, 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.

Those in the second lot  include Ahmednasir 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).

All the appointments were announced by former Secretary to the Cabinet Francis Kimemia in a Gazette Notice.

Through the advocates of Bryant’s Law Advocates, Ong’amo says the names should have been published in the Gazette Notice by the Chief Justice and not the Secretary to the Cabinet or the President.

Ong’amo wants the two appointments of the senior counsel declared illegal, null and void, and thereby inconsequential legally.

He says that the president could only lawfully confer the rank and dignity of Senior Counsel from a list of names submitted by the Committee on Senior Counsel and only the Chief Justice is authorised to publish in the Gazette the names of the advocates upon whom the rank of Senior Counsel is conferred

No proper evaluation

Since 2003 the rank and dignity of Senior Counsel has been conferred to 66 lawyers.

The third and fourth cohorts were announced in 2020 (24 advocates) by Chief Justice (retired) David Maraga and 2022 (eight advocates) by Chief Justice Martha Koome.

At the heart of the court case is alleged lack of transparency in the selection of lawyers to be conferred with prestigious titles.

According to lawyer Ong’amo, the process has “largely been arbitrary, opaque, and unlawful.”

“There has been no proper evaluation of those appointed against the basic statutory criterion of the rendition of exemplary service to the legal and public service in Kenya,” says Ong’amo.