Task force wants senior counsel recruited every 2 years

By IBRAHIM ORUKO
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A taskforce has recommended that rules governing the appointment of senior counsel be amended so that recruitment of new members is done after every two years.

The Taskforce on Legal Sector Reforms, which was chaired by Senior Counsel Fred Ojiambo, says the law should be amended so that the process of nomination to be a senior counsel is either on application or by nominations by members.

In its report, which was presented to the National Assembly Committee on Justice and Legal Affairs, the task force proposes that membership should be expanded to include nomination from public service, academia and special members.

AMEND RULES

“The rules for appointment of senior counsel should be amended to provide for a meeting of the senior counsel committee so that calls for nomination of persons to the senior bar are made. The calls should be made once every two years,” the task force says in its report.

The team was established by former Attorney-General Githu Muigai to evaluate, review and make recommendations and reform proposals in the legal sector in general.


Among other things, the task force was to look into the legal professional and ethical standards, codes of conduct, guidelines of the legal profession and adherence mechanisms.

SENIOR BAR

In its work, the committee established several issue concerning the senior bar since its inception in 2003.

Among the issues were discipline of senior counsel, their role in mentorship in the profession, the criteria of their appointment, their role and low numbers of senior counsel since the inception.

The senior counsel bar was introduced in 2003, and, initially, one ought to have served as chairman of the LSK to qualify.

But the rules were changed in October 2008 and lawyers asked to apply to be considered for admission to the prestigious club.

Currently, it has 31 members, with Mr Ojiambo as chairman, a situation the task force notes is not good for a country like Kenya a the number is very low.

QUALIFICATIONS

To qualify, a person must have been an advocate of the High Court for more than 15 years or contributed to the development of the legal profession through scholarly writings and presentations.

A committee comprising of the Attorney-General, a Court of Appeal judge, a High Court judge, three senior counsel and four advocates vet the applicants.

After vetting, the committee recommends the names to the President for conferment.

The Constitution further gives the President the power to grant a letter of conferment to any person of irreproachable professional conduct who has rendered exemplary service to the legal and public service in Kenya, conferring upon him or her the rank and dignity of senior counsel.

EXPAND MEMBERSHIP

The task force argues that the rules should make provisions to expand the membership of senior counsel in realisation that there is a need to create a bigger pool of senior counsel since as it membership is limited.

It further wants the rules reviewed to make provision for the composition, management and regulation of the senior bar.

Instead of the current system, the task force wants rules changed so that a committee of senior counsel calls for nominations of persons to the senior bar.

RULES

The task force further proposes that LSK should develop rules for disciplinary processes of the senor bar while its CEO should provide a secretariat for the committee.

It suggests that the quorum of the committee should be five members.

Privileges enjoyed by senior counsel include occupying front seats in courts, their matters being heard first, being allowed to wear special robes and preferential treatment while dealing with the Judiciary.