The death of Supreme Court Justice Mohamed Ibrahim has opened a vacancy on Kenya’s highest court, but the Constitution contains clear safeguards to prevent any disruption while a successor is chosen.
The Supreme Court normally consists of the chief justice, the deputy chief justice and five other judges. Under Article 163(2) of the Constitution, however, it is properly constituted for proceedings with as few as five judges.
Six judges remain on the bench — Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko — giving the court a solid quorum for all cases.
Supreme Court rules also allow substitution in matters the late justice was handling, ensuring pending judgments can still be delivered.
There is no fixed constitutional deadline to fill the vacancy. The process is governed by the Constitution and the Judicial Service Act and emphasizes transparency and merit.
The Judicial Service Commission will first declare the vacancy in the Kenya Gazette, then advertise it in national newspapers and on official judiciary websites and portals.
Applications will be invited from qualified candidates. The public will have the opportunity to submit comments or concerns about any applicant.
The JSC will shortlist candidates, conduct public interviews and carry out extensive background checks through agencies including the Kenya Revenue Authority, the Ethics and Anti-Corruption Commission, the Directorate of Criminal Investigations and credit reference bureaus.
Candidates must have at least 15 years of experience as a superior court judge or as a distinguished academic, judicial officer or legal practitioner in a relevant field. They must also demonstrate high moral character, integrity and impartiality.
Once the commission selects the best-qualified person, it forwards the name to the president for appointment.
Unlike appointments of the chief justice and deputy chief justice, which require National Assembly approval, other Supreme Court judges are appointed directly by the president.
Kenyan courts have ruled in recent years that the president’s role is strictly formal — limited to appointment, swearing-in and publication in the Gazette. The president cannot vet, approve or reject a JSC nominee, since the executive is already represented on the commission.
This restriction has helped protect judicial independence in a country where tensions over judicial appointments have flared in the past.
Previous Supreme Court vacancies have been filled smoothly through the same public process, with little delay.
The coming recruitment will again put Kenya’s judicial selection system under scrutiny, but the constitutional framework provides a clear, orderly path forward.
For now, the Supreme Court continues to function fully in its role as the final interpreter of the Constitution.
