Six Candidates Compete for Kenya's Supreme Court Position Following Judge's Death
Nairobi, 26 February 2026
Four sitting judges lead the race to fill Kenya’s Supreme Court vacancy created by Justice Mohamed Ibrahim’s death in December 2025. Court of Appeal Justice Katwa Kigen, recently sworn in January 2026, joins High Court Justice Joseph Sergon and fellow appellate judges in the high-stakes competition. The Judicial Service Commission received applications by 17 February 2026, with stakeholder engagement scheduled for 23 March before interviews begin. This appointment proves critical as Kenya’s apex court handles constitutional disputes and governance matters with only six judges currently serving instead of the required seven.
Competition Intensifies Among Distinguished Legal Professionals
The six candidates vying for Kenya’s Supreme Court position represent a diverse pool of legal expertise, with four sitting judges leading the competition [1]. Justice Joseph Sergon from the High Court joins Court of Appeal Justices Warsame Mohammed and Francis Tuiyott in the race, alongside the recently appointed Justice Katwa Kigen [1]. Beyond the judiciary, Independent Policing Oversight Authority (IPOA) chairperson Anne Makori and Lillian Wachira have also submitted applications for the prestigious position [1]. The Judicial Service Commission announced on 26 February 2026 that it had received these six applications following the closure of the advertisement period on 17 February 2026 [1].
Critical Timing Following Court Leadership Changes
Justice Katwa Kigen’s candidacy carries particular significance given his recent appointment to the Court of Appeal, having been sworn in on 28 January 2026 as part of a substantial judicial expansion [2]. This appointment was among 14 new Court of Appeal judges installed under President Ruto’s administration, increasing the appellate court’s complement from 27 to 42 judges [2]. The Supreme Court vacancy arose following the death of Justice Mohamed Ibrahim in December 2025, leaving Kenya’s apex court operating with only six judges instead of the constitutionally mandated seven [1]. Under Kenya’s judicial framework, the Supreme Court must comprise the Chief Justice, Deputy Chief Justice, and five additional judges, with Chief Justice Martha Koome currently chairing the Judicial Service Commission overseeing this selection process [1].
Constitutional Requirements Shape Selection Process
The vacancy’s impact extends beyond mere numbers, as the Supreme Court Act and Supreme Court Rules require any bench hearing matters to comprise an uneven number of judges [1]. This constitutional requirement makes the appointment particularly urgent as the court continues handling high-stakes constitutional disputes and governance matters of national importance [1]. The Judicial Service Commission has outlined a structured timeline for the selection process, with stakeholder engagement scheduled for 23 March 2026, followed by shortlisting and interviews for successful candidates [2]. The Commission will communicate the venue for stakeholder meetings and provide notification of interview dates once the shortlisting process concludes [2].
Broader Implications for Kenya’s Judicial Landscape
This Supreme Court appointment comes at a pivotal moment when Kenya’s highest court regularly addresses constitutional matters and final appeals that shape the nation’s legal and political landscape [1]. The successful candidate will join an apex court that has increasingly found itself at the centre of significant constitutional disputes, including recent decisions on presidential appointments and governance issues [GPT]. With the judicial system undergoing expansion at the appellate level and facing critical vacancy at the Supreme Court level, this appointment represents a crucial step in maintaining Kenya’s constitutional framework and ensuring effective judicial oversight of governmental actions [1][2]. The selection process reflects the Judicial Service Commission’s commitment to transparency, with public stakeholder engagement preceding the final selection interviews [2].