The Judicial Service Commission (JSC) has announced the shortlisting of 35 candidates for appointment as judges of the Court of Appeal, marking a potential milestone with the inclusion of nominees from the specialized judiciary benches—the Employment and Labour Relations Court and the Environment and Land Court—for the first time.
The recruitment drive aims to fill 15 vacancies in the Court of Appeal, which currently operates with only 27 judges against an authorized establishment of 70.
If successful, the appointments would raise the bench’s strength to 42, though still 28 short of the statutory requirement.
The move comes as Chief Justice Martha Koome seeks to tackle a crippling backlog of 5,822 cases reported in the State of the Judiciary Annual Report 2024.
Chronic understaffing, prolonged hearings, and funding gaps have strained Kenya’s second-highest court, delaying justice delivery.
Among the shortlisted candidates are 21 High Court judges and 14 legal practitioners from private practice and public service.
Notably, five nominees hail from the Labour Relations Court —Justices Onesmus Makau, Mathews Nduma Nderi, Linnet Ndolo, Byram Ongaya, and Stephen Radido— while six originate from the Environment and Land Court, including Justices Yuvinalis Angima, Oscar Angote, and Lucy Mbugua.
Shortlisted candidates for the Court of Appeal.
Photo credit: Nation Media Group
Prominent non-judicial candidates include Independent Policing Oversight Authority (IPOA) chairperson Ahmed Issack Hassan and lawyers Katwa Kigen and Prof Migai Akech.
The shortlisting follows last month’s High Court dismissal of a petition by Busia Senator Okiya Omtatah, who accused the JSC of systematically excluding judges from specialized courts in appellate appointments.
Senator Omtatah had argued that the JSC’s alleged preference for High Court judges violated constitutional principles of diversity and equality under Article 162(2).
He cited the 2022 appointment of seven appellate judges—six from the High Court and one from private practice—as evidence of bias.
However, the court stated that all candidates for appointment to the Court of Appeal are subject to the same criteria of experience, professional competence, integrity, fairness, and a demonstrable commitment to public service.
The petition originated from the 2022 recruitment and appointment of seven judges of the Court of Appeal. Only one was from private practice while the others were recruited from the High Court, a move that aggrieved the petitioner.
"Despite four Employment and Labour Relations Court Judges and two Environment and Land Court being shortlisted, none was appointed in the end. This has become the JSC's norm, where only High Court Judges are appointed to the exclusion of the Judges in the special courts," he contended.
He argued that this action contravenes the spirit of Article 162(2) of the Constitution and curtails the enrichment of diversity in the Court of Appeal from the expertise of judges from the special courts.
The JSC has invited public input on the shortlisted candidates ahead of interviews, reiterating its commitment to transparency while safeguarding applicants’ privacy.
The commission opposed calls to disclose individual interview scores, citing data protection laws.
"All Judges applying for the position of Judge of Appeal must compete for the positions uniformly as per criteria set out in the Constitution and the law and best performers picked objectively without introducing discriminative criteria that are neither in the Constitution or legislation," ruled the court.
The full list of shortlisted candidates
Justice (Dr) Joseph Kiplagat Sergon Justice Yuvinalis Maronga Angima Justice Oscar Amugo Angote Lady Justice Hedwig Imbosa Ong’udi Lucy Wanja Julius Joseph Kipchumba Kigen Katwa Justice Elijah Obaga Ogoti Daniel Ochieng Ogola Justice Onesmus Makau Ndumbuthi Justice Mathews Nduma Nderi Justice Linnet Mumo Ndolo Justice Enock Chacha Mwita Justice Samson Odhiambo Okongo Justice Edward Muthoga Muriithi Justice William Musya Musyoka Mr. Justice Francis Gikonyo Muthuku Lady Justice Lucy Mwihaki Njuguna Lady Justice Lucy Ngima Mbugua Brown Murungi Kairaria Hon. Mr. Justice Robert Kipkoech Limo Justice Stephen Andersen Radido Okiyo Lady Justice Rachel Chepkoech Ngetich Benard Muteti Mung’ata Paul Lilan, MBS Joseph Arimba Kaberia Migai Akech Waweru Guandaru Mathenge Johnson Okoth Okello Justice Dalmas Omondi Ohungo Justice Munyao Sila Ahmed Issack Hassan Protas Saende Gathege Justice Byram Ongaya Jacqueline Mbithe Mwinzi Muindi Kimwele Muneeni Muneeni
