Court certifies urgent petition challenging new list of lawyer seeking to senior counsels

Milimani Law Courts

High Court has certified as urgent a petition filed by former LSK President seeking to stop the Senior Counsel Committee from considering a new list of persons to be endowed to the rank of senior counsels.

Justice Pauline Nyamweya said the case filed by former Law Society of Kenya president Allen Gichuhi demonstrated that it was urgent and should be heard on a priority basis.

“I am satisfied that the applicant has demonstrated that the matter is urgent and that the same ought to be heard on a priority basis, in light of the timelines provided in the said rules for consideration of applications for Senior Counsel,” ruled Justice Nyamweya.

The judge added that from the allegations made and the range of orders sought, LSK and the Committee ought to be given an opportunity to be heard before any substantive orders are issued.

The former president wants the court to issue a temporary order restraining LSK and the Committee from receiving or considering the application submitted after the second notice.

In his application, Gichuhi claims that he and several other applicants forwarded their names for consideration to be senior counsels after LSK invited members to do the same in a communication made on 25th February with the deadline being 30th september 2020.

However, LSK published another notice early this month inviting persons seeking to be conferred to the said rank to apply. 

Gichuhi adds that after inquiring from the Committee of Senior Counsel whether the earlier names had been forwarded to them by LSK, he was told that they were not.

He says that the second invitation has been made without authority and knowledge of the committee.

The court directed the case to be heard on 30th September.