A new bill before Parliament proposes to widen the criteria for awarding the prestigious title of senior counsel to include top government and judicial officials, marking a major shift from the tradition of limiting the honour to experienced advocates in private practice.

The Advocates (Amendment) Bill, 2025, currently being debated in the National Assembly, aims to recognise individuals who have served in senior constitutional and public roles as eligible for the title.

If passed, it would give the President the authority to confer the rank of senior counsel on a broader range of legal professionals.

The proposed law lists those who have held leadership positions such as speakers and deputy speakers of Parliament, Chief Justice, Deputy Chief Justice, Attorney General, Director of Public Prosecutions, and chairpersons of parliamentary legal committees as eligible for the title.

It also includes individuals who have served as Solicitor General, president of the Court of Appeal, principal judge of the High Court, or president of the Law Society of Kenya.

According to the bill, those who have offered "exemplary service to the legal and public service in Kenya" would also qualify.

“The qualifications, skills and qualities required for appointment or election to the positions specified in the Bill make such persons fit for conferment of the rank and dignity of senior counsel,” reads the memorandum of objects accompanying the Bill.

Many current and former holders of these top offices have not yet received the title. If the Bill is enacted, figures such as National Assembly Speaker Moses Wetang’ula, Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Director of Public Prosecutions Renson Ingonga, and Law Society of Kenya President Faith Odhiambo could be granted the honour.

Others who stand to benefit include former National Assembly Speaker Justin Muturi, former Attorney General Paul Kihara, current National Intelligence Service Director Noordin Haji, and former LSK president Nelson Havi.

Senior counsels enjoy several privileges in legal proceedings, such as priority in having their cases mentioned in court and exclusive seating arrangements.

They are entitled to sit within the bar in courts that have such a separation, and in other courts, they occupy the front bench.

The Bill, sponsored by Tharaka MP Gitonga Murugara, who chairs the Justice and Legal Affairs Committee, stresses that only individuals with “irreproachable professional conduct” and a proven record of distinguished service will be considered.

While the amendment maintains the existing requirement of at least 15 years of legal experience, it introduces a more defined nomination process.

It requires the Committee on Senior Counsel to forward its recommendations to the President through the Chief Justice, who must review and act on them within 60 days.