The Advocates (Senior Counsel Conferment and Privileges) Rules

Lists the members who compose the Committee and provides that certain nominated persons shall serve for a non-renewable term of two years.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 155 of 2011
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

Lists the members who compose the Committee and provides that certain nominated persons shall serve for a non-renewable term of two years. The Committee must consider applications submitted to it under rule 6(1). The Committee must consider applications (subject to rule 11), may request additional information, and must not be influenced by discriminatory factors. The Committee must consider applications submitted within six months of the applications deadline; after considering them it must notify applicants in writing and send copies to the council; a declined applicant may reapply. The Committee must send a list of recommended names to the Chief Justice within thirty days of its decision; the Chief Justice must forward that list to the President on receipt; the President must grant letters of conferment to each named person on receipt.

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Provisions of The Advocates (Senior Counsel Conferment and Privileges) Rules

Showing 18 of 18

Part II

THE COMMITTEE ON SENIOR COUNSEL

3
THE COMMITTEE ON SENIOR COUNSEL - 3. Composition of Committee

AI-assisted research summary: Lists the members who compose the Committee and provides that certain nominated persons shall serve for a non-renewable term of two years.

Section 3. Composition of Committee Section 3(1)(a) a Judge of the Supreme Court nominated by the Chief Justice; Section 3(1)(b) a Judge of the Court of Appeal nominated by the Judges of the Court of Appeal; Section 3(1)(c) a Judge of the High Court nominated by the Kenya Magistrates and Judges Association; Section 3(1)(d) the Attorney General; Section 3(1)(e) the chairperson of the Society; Section 3(1)(f) three Senior Counsel nominated at a meeting of Senior Counsel; and Section 3(1)(g) two Advocates not being senior counsel who shall have at least ten years experience in practice, elected by the Society. Section 3(2) Deleted byL.N. 36/2012, r. 3(2)(b). Section 3(3) Notwithstanding paragraph (2), where the first Committee under these Rules is constituted before the Society holds its elections, the Council shall nominate persons under paragraph (1)(f) and (g) to the Committee. Section 3(4) The persons nominated under paragraph (1)(a), (b), (c), (f) and (g) shall serve for a non-renewable term of two years and upon expiry, the nominating body shall nominate a different person to serve in the Committee. [ L.N. 36/2012 , r. 3.]
4
THE COMMITTEE ON SENIOR COUNSEL - 4. Functions of the Committee

AI-assisted research summary: The Committee must consider applications submitted to it under rule 6(1).

Section 4. Functions of the Committee Section consider the applications submitted to it under rule 6(1);

Part III

APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL

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APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 10. Consideration of application

AI-assisted research summary: The Committee must consider applications (subject to rule 11), may request additional information, and must not be influenced by discriminatory factors.

Section 10. Consideration of application Section 10(1) The Committee shall, subject to rule 11, consider the applications submitted under rule 6 and any comments or objections submitted under rule 9 and may request for such additional information from the applicant or from any other person, which it considers necessary for the determination of an application under these Rules. Section 10(2) In considering and making a recommendation for conferment of rank of Senior Counsel on an applicant, the Committee shall not be influenced by the age, tribe, gender, race, political belief or association of the applicant or any other factor constituting discrimination within the meaning of the Constitution. [ L.N. 36/2012 , r. 8.]
11
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 11. Time period for considering applications

AI-assisted research summary: The Committee must consider applications submitted within six months of the applications deadline; after considering them it must notify applicants in writing and send copies to the council; a declined applicant may reapply.

Section 11. Time period for considering applications Section 11(1) The Committee shall consider the applications submitted within six months from the date of the deadline for receiving applications under rule 6(2). Section 11(2) The Committee shall, upon consideration of the applications under paragraph (1), communicate its decision to the applicants in writing and submit copies of its decision to the council. Section 11(3) A person whose application is declined may reapply for conferment of the rank of Senior Counsel for consideration by the Committee in accordance with these Rules. Section 11(4) Deleted byLN 36 of 2012, r. 9. Section 11(5) Deleted byLN 36 of 2012, r. 9. [ LN 36 of 2012 , r. 9.]
12
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 12. Letters of conferment

AI-assisted research summary: The Committee must send a list of recommended names to the Chief Justice within thirty days of its decision; the Chief Justice must forward that list to the President on receipt; the President must grant letters of conferment to each named person on receipt.

Section 12. Letters of conferment Section 12(1) The Committee shall submit a list of the names of the persons it recommends for conferment of the rank of Senior Counsel to the Chief Justice within a period of thirty days from the date of its decision. Section 12(2) The Chief Justice shall, on receipt of the list of names submitted to him under paragraph (1), submit the names to the President. Section 12(3) The President shall, upon receipt of the names submitted to him under paragraph (2), grant a letter of conferment to each person whose name is contained in the list. [ LN 36 of 2012 , r. 10.]
13
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 13. Signing the Roll of Senior Counsel

AI-assisted research summary: A person who has been conferred the rank of Senior Counsel under rule 12 must sign the Roll of Senior Counsel in accordance with section 18 (3) of the Act.

Section 13. Signing the Roll of Senior Counsel Section A person upon whom the rank of Senior Counsel conferred under rule 12 shall sign the Roll of Senior Counsel in accordance with section 18 (3) of the Act.
14
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 14. Restrictions on the use of title of Senior Counsel

AI-assisted research summary: A person must not use the designation "Senior Counsel" or "SC" as if they are a Senior Counsel unless the rank has been conferred in accordance with the Rules; breach is professional misconduct.

Section 14. Restrictions on the use of title of Senior Counsel Section 14(1) A person shall not use the designation "Senior Counsel" or the abbreviation "SC" purporting to be a Senior Counsel under the Act unless the rank of Senior Counsel has been conferred on him in accordance with these Rules. Section 14(2) A person who contravenes the provisions of paragraph (1) commits professional misconduct.
15
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 15. Removal from Roll of Senior Counsel

AI-assisted research summary: Section 15 allows the Committee to remove a person's name from the Roll of Senior Counsel if they cease to meet the qualifications; it sets procedures for application, notice, inquiry, decision, transmission to the President, revocation, publication, and that the Committee determines its own inquiry rules.

Section 15. Removal from Roll of Senior Counsel Section 15(1) The Committee may, either on its own motion or on the application of a member of the Society, remove the name of a person from the Roll of Senior Counsel if the person ceases to meet the qualifications prescribed under rule 7. Section 15(2) A member of the Society who applies for the removal of a person from the Roll of Senior Counsel under paragraph (1) shall submit a written petition to the Committee and submit a copy of the petition to the Council. Section 15(3) The Committee shall inform the Senior Counsel of its intention or, of receipt of an application, to remove his name from the Roll of Senior Counsel. Section 15(4) The Committee shall conduct an inquiry on the removal of the Senior Counsel and shall give the Counsel an opportunity to be heard on the petition. Section 15(5) The Committee shall, where it determines that the name of the Senior Counsel should be removed from the Roll of Senior Counsel, submit its decision to the Chief Justice and the Senior Counsel and give reasons for its decision. Section 15(6) The Chief Justice shall transmit the decision of the Committee to the President and the President shall revoke the grant of conferment of the rank of Senior Counsel. Section 15(7) The Chief Justice shall cause to be removed from the Roll of Senior Counsel, the name of the Senior Counsel and cause to be published in the Gazette , a notice revoking the conferment of the Rank of Senior Counsel. Section 15(8) The Committee shall determine its own rules and procedures for holding an inquiry under this rule.
16
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 16. Procedures of the Committee

AI-assisted research summary: The Committee must regulate its own procedures for meetings held under these Rules.

Section 16. Procedures of the Committee Section The Committee shall regulate its own procedures for meetings held under these Rules.
17
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 17. Secretariat

AI-assisted research summary: The secretariat of the Society must facilitate the conduct of the affairs of the Committee.

Section 17. Secretariat Section The secretariat of the Society shall facilitate the conduct of the affairs of the Committee.
5
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 5. Notice inviting applications

AI-assisted research summary: The Committee must send the Society members a notice inviting applications for Senior Counsel at least thirty days before 31 March each year or on another date the Committee sets.

Section 5. Notice inviting applications Section The Committee shall, at least thirty days before the thirty-first day of March in each year or on such date as the Committee shall determine, send to the members of the Society, a notice inviting applications from persons who qualify for conferment of the rank of Senior Counsel. [ L.N. 36/2012 , r. 4.]
6
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 6. Application

AI-assisted research summary: Persons who meet the criteria may apply for conferment of Senior Counsel; applications must be submitted to the Secretary by 31 March (or another date the Committee sets), and applicants must include information or evidence showing they meet rule 7 criteria.

Section 6. Application Section 6(1) A person who meets the criteria for conferment of the rank of Senior Counsel under rule 7 may submit an application to the Committee in accordance with this rule. Section 6(2) An application under paragraph (1) shall be submitted to the Secretary on or before the thirty-first day of March or on such date as the Committee shall stipulate. Section 6(3) An applicant under paragraph (1) shall submit, together with his application, such information or evidence necessary to ascertain that he meets the criteria specified under rule 7.
7
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 7. Criteria for conferment

AI-assisted research summary: Section 7 states that the criteria for conferment meet the requirements specified under section 17(2) of the Act.

Section 7. Criteria for conferment Section meets the requirements specified under section 17(2) of the Act;
8
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 8. List of applicants

AI-assisted research summary: The Committee must publish a list of persons who applied under rule 6(1) in the Society minutes, at least one nationwide newspaper, and in the electronic media.

Section 8. List of applicants Section The Committee shall publish in the minutes of the Society, in at least one newspaper of nationwide circulation and in the electronic media, a list of persons who have submitted an application under rule 6(1). [ L.N. 36/2012 , r. 6.]
9
APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL - 9.[Deleted byL.N. 36/2012, r. 7.]

AI-assisted research summary: This section has been deleted.

Section 9.[Deleted byL.N. 36/2012, r. 7.]

Part IV

PRIVILEGES OF SENIOR COUNSEL

18
PRIVILEGES OF SENIOR COUNSEL - 18. Use of designation of Senior Counsel

AI-assisted research summary: Persons conferred with the rank of Senior Counsel may use the designation "Senior Counsel" or "SC"; those struck off the roll or whose practising certificate is cancelled or suspended must cease to hold the title and must not use the designation.

Section 18. Use of designation of Senior Counsel Section 18(1) Subject to paragraph (3), a person upon whom the rank of Senior Counsel is conferred may use the designation of "Senior Counsel" or abbreviation of "SC". Section 18(2) Deleted byLN 36 of 2012, r. 11. Section 18(3) A person whose name is struck off the roll of Senior Counsel or whose practicing certificate has been cancelled or suspended shall cease to hold the title of Senior Counsel and shall not use the designation of Senior Counsel. [ LN 36 of 2012 , r. 11, LN 147 of 2014 , r. 2.]
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PRIVILEGES OF SENIOR COUNSEL - 19. Duties, powers and privileges of Senior Counsel

AI-assisted research summary: Senior Counsel is entitled to precedence in having his matters mentioned when appearing in Court or in a Tribunal.

Section 19. Duties, powers and privileges of Senior Counsel Section precedence in having his matters mentioned when appearing in Court or in a Tribunal.
20
PRIVILEGES OF SENIOR COUNSEL - 20. Transition

AI-assisted research summary: Persons already given the title Senior Counsel before these Rules start are treated as Senior Counsel under these Rules.

Section 20. Transition Section A person who has been conferred the title of Senior Counsel before the commencement of these Rules shall be deemed to be Senior Counsel under these Rules.

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