Judicial Service Commission Shortlists 35 Top Legal Minds for Court of Appeal Vacancies, Boosting Appellate Bench Amid Rising Caseloads

Nairobi - The Judicial Service Commission (JSC) has unveiled a shortlist of 35 distinguished candidates for 15 vacant positions on the Court of Appeal bench. This announcement highlights a blend of seasoned High Court judges, eminent lawyers, academics, and public sector leaders, signaling a commitment to elevating judicial expertise at the nation's second-highest court.

The selection process, which recommenced after a brief suspension earlier this year due to budgetary constraints imposed by the National Treasury, underscores the Judiciary's resilience in advancing merit-based recruitment. Chief Justice Martha Koome, who chairs the JSC, emphasized the overwhelming response to the call for applications, with 2,679 submissions received by the July 7 deadline across multiple judicial roles. These included 94 for the Court of Appeal spots alone, alongside 376 for High Court judges, 242 for Environment and Land Court judges, 1,714 for Resident Magistrates, and 253 for Kadhis.

The Court of Appeal, established under Article 164 of the Constitution, plays a pivotal role in reviewing decisions from the High Court, Environment and Land Court, and Employment and Labour Relations Court. With a minimum of 12 judges and a cap at 30, the court operates through benches of at least three judges, often convening in Nairobi, Mombasa, Nyeri, Nakuru, and Kisumu. The influx of appeals, driven by complex commercial, constitutional, and civil matters, has strained the current roster, making these 15 appointments crucial for operational efficiency.

Among the shortlisted candidates are several high-profile figures whose careers span landmark cases, policy reforms, and academic contributions. Leading the pack is Ahmed Issack Hassan, the current Chairperson of the Independent Policing Oversight Authority (IPOA). Hassan, a veteran advocate with deep roots in human rights and constitutional law, has overseen investigations into police misconduct and advocated for accountability in law enforcement. His potential elevation to the bench would bridge public oversight and judicial review, drawing on his experience as a former commissioner in international electoral bodies.

Another standout is Senior Counsel Katwa Kigen, a battle-tested litigator known for defending high-stakes cases at both national and international levels. Kigen rose to prominence representing journalist Joshua Sang at the International Criminal Court during the post-2007 election violence trials. He also anchored the legal defense for Deputy President William Ruto in the 2022 presidential petition at the Supreme Court and recently led the team for Kericho Governor Erick Mutai in Senate impeachment proceedings. With over two decades at Katwa and Kemboy Advocates, Kigen's expertise in criminal, constitutional, and commercial law positions him as a formidable appellate candidate.

The full roster of shortlisted individuals reflects a diverse cross-section of Kenya's legal elite, blending judicial incumbents with external talent to foster fresh perspectives:

• Current or Former Judges and Judicial Officers: Chacha Mwita (High Court Judge), Oscar Angote (Environment and Land Court Presiding Judge), Joseph Sergon (Justice), Yuvinalis Angima (Justice), Hedwig Ong’udi (Justice), Onesmus Makau (Justice), Nduma Nderi (Justice), Samson Okongo (Justice), Edward Muriithi (Justice), William Musyoka (Justice), Obaga Ogoti (Justice), Lucy Njuguna (Justice), Lucy Mbugua (Justice), Robert Limo (Justice), Rachael Ngetich (Justice), Stephen Radido (Justice), Dalmas Oungo (Justice), Munyao Sila (Justice), and Byram Ongaya (Justice). These candidates bring hands-on experience from handling intricate High Court matters, including commercial disputes and human rights claims.
• Prominent Lawyers and Academics: Paul Lilan (lawyer), Dr. Lucy Wanja (lawyer), Daniel Ogola (lawyer), Brown Murungi (lawyer), Dr. Joseph Kaberia (lawyer), Waweru Mathenge (lawyer), Johnson Okello (lawyer), Protus Gathege (lawyer), Jacqueline Muindi (lawyer), and Kamwele Muneeni (lawyer). Professor Migai Oketch, a renowned academic specializing in education law and public policy, adds scholarly depth to the list.

This merit-driven shortlisting followed a rigorous review of applications for completeness and alignment with constitutional criteria, prioritizing integrity, competence, and impartiality. The JSC has invited public input on the candidates, promising confidentiality while reserving the right to interview informants. Interviews are slated for announcement in the coming weeks, paving the way for President William Ruto to appoint successful nominees upon JSC recommendation.

The broader recruitment drive, encompassing 20 High Court judges, 10 Environment and Land Court judges, 100 Resident Magistrates, and 5 Kadhis, aims to inject vitality into Kenya's justice system amid challenges like fiscal limitations and escalating litigation. By drawing from a pool that includes advocates admitted since the 1990s and specialists in niche areas like environmental law and arbitration, the JSC is positioning the judiciary for enhanced accessibility and responsiveness.

As Kenya navigates economic recovery and constitutional milestones, these appointments could redefine appellate precedents on everything from electoral integrity to corporate governance. Stakeholders anticipate that the strengthened bench will expedite case resolutions, reducing delays that have long plagued the system. With interviews on the horizon, the legal fraternity watches closely, hopeful for a judiciary that not only upholds the rule of law but also inspires public confidence in its guardians.