Lawyer Donald Kipkorir withdraws case challenging senior counsel list
Lawyer Donald Kipkorir. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Donald Kipkorir had demanded the panel responsible for selecting lawyers to senior counsels club not to forward its list to the President before he appeals his exclusion.
- Mr Kipkorir had also faulted the committee for overlooking lawyers whose work has earned their firms global recognition.
- Conferment as senior counsel in Kenya is the highest honour a lawyer can achieve locally, and is equal to the Queen’s Counsel title in the United Kingdom.
City lawyer Donald Kipkorir, who failed to have his name included in the list of those contending to get the coveted senior counsel title, has withdrawn his case challenging the matter.
High Court Judge Pauline Nyamweya allowed Mr Kipkorir’s request to withdraw the suit in which he had a protracted battle with the committee responsible for selecting lawyers to the coveted rank since last year.
“The applicant’s chamber summons dated October 9, 2019 and this suit are hereby marked as withdrawn,” said Justice Nyamweya.
The committee comprises of a judge of the Supreme Court, one from the Court of Appeal, High Court and a magistrate, the Attorney-General, the President of LSK, three senior counsels and two advocates with at least 10 years of experience.
A notice by LSK inviting applicants for the said rank was put out on January 2018 and applications were to be submitted by March 29, 2019.
But on September 2019, Mr Kipkorir moved to court seeking to stop the committee responsible for selecting lawyers to the rank from forwarding the list to President Uhuru Kenyatta following his exclusion.
However, the Law Society of Kenya on May 13 revoked the recommendations of the committee on senior counsel to confer the rank to 24 lawyers in a move that saw affected lawyers move to court to protest.
When 22 out of the 24 lawyers including Wiper Party leader Kalonzo Musyoka and Narc Kenya’s Martha Karua, protested against LSK’s decision, Justice Nyamweya temporarily suspended LSK’s decision.
She ruled then that the current status quo be maintained pending the confirmation of the legality or otherwise of LSK’s action to revoke the conferment of the senior counsel status.
The 22 challenged the jurisdiction or authority of LSK to revoke the decision of the Committee on Senior Counsel made on August 26, last year, recommending their conferment.
While Mr Kipkorir made his request to withdraw his case on May 14, a day after LSK’s decision, the 22 also challenged the legality of the impugned decision while claiming that there was another pending case which was his on the matter hence accused LSK of violating the rule on sub judice.
Other prominent lawyers seeking the title are deputy director of public prosecutions Dorcas Odour, family lawyer Judith Thongori, former chief executive of the defunct Truth, Justice and Reconciliation Commission Patricia Nyaundi and Mr Kioko Kilukumi.
Veteran lawyers Fred Ngatia, Albert Mumma, Pravin Bowry and renowned arbitrator John Ohaga as well as former DPP Phillip Murgor are also among those whose conferment was revoked too.
Following the withdrawal of the initial case by Mr Kipkorir, it could imply that the 24 may have to simply comply with LSK’s directive.
- According to Mr Kipkorir, he is awaiting to submit himself to the new process once it is announced formally and the way forward on the issue is given by the Mr Ahmednassir Abdullahi led committee.
