Kenya High Court allows petition challenging Senior Counsel appointments

The High Court of Kenya has dismissed a preliminary objection, allowing a petition to proceed that challenges the conferment of the Senior Counsel rank on advocates between 2013 and 2025. Justice Gregory Mutai ruled that the petition, filed by Eliud Karanja Matindi, raises constitutional questions regarding the transparency and legality of the appointment process.

Matindi is contesting the appointments made during four rounds held in 2013, 2020, 2022, and December 2025. He argues that the process lacked sufficient public participation and that the 2025 appointments were made under expired rules. The petition seeks to have the appointments declared unconstitutional and requests the Chief Registrar of the Judiciary to remove the names of the affected advocates from the Roll of Senior Counsel.

In response, the Law Society of Kenya and the Committee on Senior Counsel argued that the court lacked jurisdiction and questioned Matindi’s standing to bring the challenge. However, the court determined that the legality of the appointment framework requires a full hearing to address these constitutional concerns.