The Judicial Service Commission (JSC) has declared a vacancy in the Office of Judge of the Supreme Court of Kenya, setting in motion a closely watched recruitment process for the apex court. The opening follows the death of Justice Mohamed Ibrahim in December 2025.
The vacancy, announced in a Special Issue of the Kenya Gazette, was declared under the Judicial Service Act and signed by Chief Justice Martha Koome, who also chairs the commission.
Justice Ibrahim’s death created a rare opening at the apex court, which by law is composed of seven judges: the Chief Justice, the Deputy Chief Justice, and five other judges.
His passing reduced the court’s complement at a time when it continues to handle high-stakes constitutional disputes and matters of far-reaching national importance, including human rights and governance.
The Supreme Court building in Nairobi.
Photo credit: File | Nation Media Group
Under the Supreme Court Act and the Supreme Court Rules, any bench constituted to hear a matter must comprise an uneven number of judges.
This requirement is intended to avoid deadlocked decisions at the apex court, where judgments are final and binding. An evenly numbered bench risks split decisions with no clear majority.
With Justice Ibrahim’s passing, the court was left with six judges. While this number remains above the minimum quorum, it creates a structural challenge because six is an even number, meaning that in every case, one judge would have to step down until the vacancy is filled.
The successful candidate will serve until attaining the mandatory retirement age of 70 years or may opt for early retirement at 65, as provided under Article 167 of the Constitution.
The position offers a gross monthly remuneration package determined by the Salaries and Remuneration Commission. The gazette notice indicates a salary range of between Sh956,192 and Sh1,268,996, exclusive of benefits.
To qualify, applicants must meet strict constitutional thresholds. A candidate must hold a law degree from a recognised university, be an advocate of the High Court of Kenya, or possess equivalent qualifications from a common-law jurisdiction.
Additionally, applicants must have at least 15 years’ experience as a superior court judge or, alternatively, at least 15 years of service as a distinguished academic, judicial officer, legal practitioner, or in another relevant legal field.
The commission emphasised integrity, requiring applicants to demonstrate high moral character, impartiality, and independence. They must also satisfy Chapter Six of the Constitution on leadership and integrity.
Professional competence is another key requirement. Candidates must exhibit sound judgment, fairness, diligence, strong communication skills, and a clear commitment to public service.
The recruitment process will adhere to Article 166 of the Constitution, Section 30 of the Judicial Service Act, and the First Schedule to the Act, which outline the procedures for shortlisting, interviewing, and nominating judges.
Interested and qualified applicants have been invited to submit their applications through the Judicial Service Commission’s online jobs portal. Observers are keen on how JSC will address issues of gender and inclusion of minority groups at the apex court.
Justice Ibrahim joined the Supreme Court in 2011 and served for over a decade. Since its inaugural bench was sworn in that year, the Supreme Court has adjudicated presidential election petitions, clarified constitutional interpretations, and issued advisory opinions affecting both national and county governments. Any vacancy at this level carries significance far beyond the Judiciary.
