The Advocates (Amendment) Bill, 2025

Background

The Advocates (Amendment) Bill, 2025 addresses the qualifications and pathways for conferring the rank and dignity of Senior Counsel in Kenya. Under the current framework of Section 17 of the Advocates Act (Cap. 16), the President confers this rank on advocates of irreproachable professional conduct who have rendered exemplary service to the legal and public service in Kenya. The Bill seeks to provide structured, objective recognition for advocates who have served in high-level constitutional and statutory leadership roles.

Key Amendments

The Bill proposes to delete subsection (1) of Section 17 of the Advocates Act and replace it with a new subsection. The amendment establishes two primary routes to attaining the rank of Senior Counsel:

1. Statutory and Constitutional Leadership Route: This route is open to advocates of irreproachable conduct who have held the office of:

   • Speaker or Deputy Speaker of a House of Parliament
   • Chief Justice, Deputy Chief Justice, President of the Court of Appeal, or Principal Judge of the High Court
   • Attorney-General or Solicitor-General
   • Director of Public Prosecutions
   • Chairperson of the parliamentary committee responsible for constitutional and legal affairs
   • President of the Council of the Law Society of Kenya

2. Exemplary Service Route: This route remains open to advocates who have rendered exemplary service to the legal and public service in Kenya.

Additionally, Section 17(3) is amended to state that the presidential grant must be made not less than sixty days upon receipt of the list of names submitted by the Committee on Senior Counsel through the Chief Justice, specifically for those qualifying under the exemplary service route.