LSK urges credible recruitment for new Supreme Court judge

LSK President Faith Odhiambo at a past event/ FAITH ODHIAMBO

The Law Society of Kenya has called for a fair, transparent and unhindered process in the recruitment of the next Supreme Court judge, following the vacancy declared by the Judicial Service Commission.

LSK President Faith Odhiambo said the legal fraternity is closely watching the process and expects the JSC to avoid the challenges that have previously affected attempts to discipline judges.

Odhiambo said the Society is keen to see strong applicants join the race for the position as the country awaits the appointment of a new member of the apex court.

“We look forward to seeing the applicants for the position of Judge of the Supreme Court, and are hopeful that the JSC's recruitment mandate will not suffer the same hindrances encountered in efforts to discipline Judges,” she said on Wednesday.

“May the process end with a worthy Judge joining the apex court.”

The LSK has in recent months raised concerns about institutional gaps within the judiciary, including delays in disciplinary processes and resource constraints affecting courts across the country.

In December 2025, LSK publicly disagreed with a High Court ruling that limited the Judicial Service Commission’s ability to investigate judicial officers due to absence of gazetted regulations.

The Society said the decision exposed “institutional failures” and warned that it could paralyse constitutional accountability of judges.

“The Law Society of Kenya will not play audience as such an abysmal standard is set for Kenya’s most consequential public institution under the new Constitutional order,” Odhiambo said.

“We will take all necessary measures to reverse this decision, and will join the appellate proceedings against it as soon as they commence.”

The case arose from a complaint lodged with the JSC against Justice Dorah Chepkwony by an advocate representing an accused person appearing before the judge.

After the JSC initiated preliminary inquiry proceedings and scheduled the matter for oral hearing, Justice Chepkwony’s legal team filed a constitutional petition challenging the Commission’s jurisdiction and procedure.

Regarding the vacant position at the office of the judge of the Supreme Court, JSC said the successful candidate will serve until the mandatory retirement age of 70, with an option for early retirement at 65 as provided under the Constitution.

Chief Justice Koome stated that the remuneration will follow the guidelines set by the Salaries and Remuneration Commission, with a gross monthly package ranging between Sh956,192 and Sh1,268,996, inclusive of benefits.

A Gazette Notice making the announcement outlined the jurisdictional mandate of the Supreme Court, which includes exclusive authority to hear and determine disputes relating to presidential elections under Article 140.

The Court also hears appeals from the Court of Appeal and other tribunals as permitted by law.

Additional functions include issuing advisory opinions at the request of national and county governments and addressing applications arising from emergencies.

Applicants must meet strict constitutional and statutory requirements.

They are required to hold a law degree from a recognised university, be advocates of the High Court of Kenya or possess an equivalent qualification from a common-law jurisdiction.

Candidates must also demonstrate extensive legal experience.

This includes at least 15 years as a superior court judge, or 15 years as a distinguished legal practitioner with relevant experience.

Alternatively, an applicant may combine legal practice and judicial service, provided the total experience amounts to not less than fifteen years.

The Gazette further highlights the need for applicants to meet the integrity standards set out in Chapter Six of the Constitution.

They must demonstrate high moral character, impartiality, good judgment and a commitment to public service.

Chief Justice Koome noted that candidates must also show strong professional competence, communication skills, fairness, and a wide breadth of legal and life experience.

The JSC emphasised that the application process would be open and competitive, with detailed instructions available on its official portal.

The notice signals the start of a formal recruitment exercise that is expected to attract senior legal minds from across the country.

The declaration of the vacancy marks an important step as the Judiciary seeks to strengthen the Supreme Court, which plays a key role in shaping constitutional interpretation, safeguarding the rule of law, and resolving high-stakes national disputes.

Applications are expected to be submitted in accordance with the timelines and requirements set out by the JSC.

“Interested and qualified persons are invited to visit the Commission’s jobs portal: https://jsc.go.ke/jobs-2/. for instructions on how to apply,” CJ Koome directed.

The office was left vacant following the death of Justice Ibrahim Mohamed on December 17, 2025.