Nairobi — The Judicial Service Commission (JSC) has launched the process to hire a Supreme Court judge to restore the court's full bench ahead of the 2027 Presidential Election.
The vacancy, gazetted on Tuesday, follows the death of Justice Mohammed Ibrahim on December 17, leaving the country's highest court with six judges.
While the court remains quorate to hear most appeals from lower courts--typically handled by three- or five-judge benches--the current bench of six, though above the constitutional minimum of five judges, could face challenges in adjudicating presidential election petitions, where an even number of judges increases the risk of a tie and could delay critical rulings.
Under Article 163 of the Constitution, the composition of the Supreme Court includes the Chief Justice, who serves as President of the court; the Deputy Chief Justice, who acts as Vice President; and five other judges, forming the full complement required for the court's operations.
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Koome gazettes Supreme Court slot after death of Justice Ibrahim
Since its establishment under the 2010 Constitution, the Supreme Court has played a decisive role in shaping Kenya's legal and political landscape.
In 2013, the court upheld the first presidential election under the new constitutional order, dismissing a bid by former Prime Minister Raila Odinga to nullify President Uhuru Kenyatta's victory.
In 2017, the court annulled the first presidential election, a landmark ruling delivered by a full bench of seven judges, with two dissenting opinions, emphasizing adherence to constitutional procedures and electoral integrity.
The bench subsequently upheld a repeat presidential election boycotted by the main opposition candidate, Odinga.
In March 2022, the court struck down the Building Bridges Initiative (BBI) constitutional amendment process as unconstitutional, with six of seven judges ruling that the President cannot initiate a popular initiative.
The bench found that creating 70 new constituencies and other elements of the initiative violated the Constitution, reinforcing the separation of powers and limits on presidential authority.
Later that year, in September 2022, the Supreme Court unanimously dismissed claims of portal infiltration and alleged manipulation of Forms 34A in the presidential election petition challenging President-Elect William Ruto's win.
The court ruled that the allegations "fell acutely short of the evidentiary threshold" and amounted to "hot air," underscoring the importance of credible evidence in politically sensitive cases.
Soweto's assertions on Jose Camargo, portal infiltration hot air: Supreme Court
Beyond elections and governance, the court has also advanced constitutional rights.
In June 2025, a unanimous ruling affirmed the inheritance rights of children born out of wedlock to Muslim fathers, asserting that constitutional guarantees of equality take precedence over cultural or religious practices.
Supreme Court upholds inheritance rights for children born out of wedlock to muslim fathers
Justice Ibrahim was part of the bench in this landmark decision, highlighting his role in shaping jurisprudence that balanced religious law with fundamental rights.
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In the gazette notice issued in her capacity as JSC Chairperson, Chief Justice Martha Koome invited qualified candidates to apply through the Commission's online portal.
Supreme Court upholds inheritance rights for children born out of wedlock to muslim fathers
Applicants must hold a law degree from a recognised university, be advocates of the High Court of Kenya or hold equivalent qualifications, and have at least 15 years of experience as a judicial officer, legal practitioner, or distinguished academic.
They must also satisfy Chapter Six requirements on leadership and integrity.
The successful applicant will serve until retirement at 70 or may opt for early retirement at 65, in line with the Constitution.
