By Henry Kimoli
All eyes lead to the Supreme Court as the bench that will determine the 2027 presidential election dispute is constituted.
On January 14, 2026, the Judicial Service Commission (JSC) tendered to fill the void left by Justice Mohammed Ibrahim who passed on in December 2026.
Also set to retire from the Supreme Court is Justice Phelomina Mwilu who retires in December this year.
The JSC seeks to recruit from a pool of serving Judges of the High Court, Environment and Land Court, Family Court who will express interest in the position.
Justice Ibrahim replacement will be known in the next couple of months.
The deadline for receiving applications is next week- February 5th, 2026.
Members of the Senior Counsel bar are expected to apply.
Among the top Judges expected to vie are Justice Warsame, a like for like replacement for the Judge.
Others are Court of Appeal Presiding Judge Justice Musinga, Justice Patrick Kiage and Justice Visram.
The Supreme Court is a creature of the 2010 constitution.
Its inaugural President was Justice Willy Mutunga, then CJ, DCJ Kalpana Rawal, Justice Smokin Wanjala, Justice Njoki Ndungu, Justice Mohammed, Justice Isaac Lenaola, Justice Ojwang and Justice Tunoi.
Justice Nancy Barasa holds the distinction of having never sat as a Supreme Court judge-she was hounded out of office before matters were placed before her.
The Mutunga bench dispensed with the 2013 presidential dispute, affirming the Uhururuto President.
When Mutunga retired, his successor Justice David Maraga presided over the 2017 dispute. He annulled the election of President Kenyatta on 30th August 2017 and ordered fresh election.
Then the 2022 Hot Air issues emerged, when Justice Martha Koome dismissed Raila Odinga bid to unseat President elect Ruto and Gachagua.
So, what are the considerations, besides academic and Chapter 6 dictates to be appointed a Supreme Court judge?
Regional Balance
The 7 Judge bench must reflect the face of Kenya in ethnic consideration and regional balance.
The six substantive Judges are;
1. Lady Justice Martha Koome- Meru, Mt. Kenya West
2. Justice Philomena Mwilu (set to retire), Kamba, Lower Eastern
3. Justice Ouko (Luo, Nyanza).
4. Justice Lenaola(Samburu, Minority, Riftvalley)
5. Justice Smoking Wanjala (Busia, Western Kenya).
6. Lady Justice Njoki Ndungi (Kikuyu, Central).
The Justice Mohammed replacement will therefore come from North Eastern and Mombasa, the two regions not represented.
Nairobi is not considered as one of the faces of Kenya as its occupied by all the communities.
However, a Judge of European or Asian descent may be a compromise.
Judicial correspondents will have noted that the thawing of relations between influential kawyer Ahmed Nassir Abdulahi and the Supreme Court happened before this recruitment.
The grand mulah is a force in behind the scenes moves in the Judiciary and legal circles…
He was a member of the JSC that assembled the first apex bench and remains a loud voice in the corridors of Justice.
A publisher and enforcer, Abdulahi has never shied away from controversy…
He has lately toned down on JURISMPESA mantra and cliche and is on a path of menting fence within the bench and the Bar…
