NAIROBI, Kenya, Oct 23 – The High Court has dismissed a preliminary objection seeking to stop a petition challenging the conferment of the rank of Senior Counsel on advocates between 2013 and 2025.
Justice Gregory Mutai ruled that the petition by Eliud Karanja Matindi raises constitutional questions that require a full hearing, allowing the case to proceed.
Matindi is challenging the appointment of all advocates awarded the rank during the four rounds held in 2013, 2020, 2022 and December 2025.
He argues that the process lacked transparency and public participation and that the 2025 appointments were made under rules that had expired.
The petition targets 97 advocates listed as interested parties, including 54 who received the rank in December 2025.
Matindi wants the court to declare the appointments unconstitutional and invalid and direct the Chief Registrar of the Judiciary to remove their names from the Roll of Senior Counsel.
The Committee on Senior Counsel and the Law Society of Kenya had argued that the court lacked jurisdiction to hear the case.
They also questioned Matindi’s standing to challenge the appointments, saying he is not an advocate and had not applied for the rank.
However, Justice Mutai said the petition raises questions about the legality of the appointment process and the constitutional requirements governing it.
The judge noted that the Law Society’s internal dispute-resolution mechanisms and rules governing the removal of Senior Counsel do not provide an alternative forum for determining whether the legal framework for awarding the rank was valid or whether the process complied with the Constitution.
The court also rejected arguments that the petition was filed too late, saying the question of delay and its effect on the claims would require consideration of evidence during the full hearing.
Matindi argues that the Advocates (Senior Counsel Conferment and Privileges) Rules, 2011, which established the committee, lapsed in January 2024.
He contends that the committee therefore lacked a legal basis to recommend the 54 advocates who were awarded the rank in December 2025.
The respondents maintain that the rules remained in force following changes to the Statutory Instruments Act in 2023.
Justice Mutai said the legal status of the rules and the effect of the relevant court decisions would be determined during the substantive hearing.
The ruling, dated October 19, 2026, dismissed the preliminary objection. The judge also declined Matindi’s request to strike out documents filed by the Committee on Senior Counsel and the Law Society of Kenya.
