Justice Mohamed Warsame nominated as Supreme Court judge

The Judicial Service Commission (JSC) has nominated Justice Mohamed Abdulahi Warsame for appointment to the Supreme Court of Kenya, following a competitive recruitment process to fill a vacancy that arose after the death of the late Justice Mohammed Kadhar Ibrahim.

Announcing the decision, the Commission said the selection process had been concluded after deliberations on candidates who had applied for the position of Judge of the Supreme Court of Kenya.

The nomination now proceeds to the President for formal appointment in accordance with Article 166(1)(a) of the Constitution of Kenya, 2010.

The vacancy was declared on 13th January 2026 and subsequently advertised on 28th January 2026.

According to the Commission, six applications were received, and five candidates were shortlisted for interviews.

The interviews were conducted on 28th and 29th April 2026 at the Milimani Law Courts and were open to the public, with live broadcast coverage allowing members of the public to follow the proceedings in real time.

The Commission said the process was conducted in line with constitutional and statutory requirements and was guided by principles of merit, integrity, fairness, inclusivity and regional balance.

Before the interviews, the JSC engaged a wide range of stakeholders drawn from the legal profession, academia, civil society, faith-based organisations, the Judiciary, the media and government. Members of the public were also invited to submit information of interest relating to the candidates. Comprehensive background checks and vetting were undertaken in collaboration with relevant constitutional bodies and security agencies.

In its announcement, the Commission placed the nomination in the context of the Supreme Court vacancy that followed the passing of the late Justice Mohammed Kadhar Ibrahim, described in the release as “a founding member of this Court, a pioneer, and a jurist of rare integrity whose dedication to constitutionalism and access to justice set an enduring standard for all who serve not only on Kenya's highest bench but all the courts.”

Following its deliberations, the Commission confirmed the nomination of Justice Warsame.

“I am therefore pleased to announce that the Judicial Service Commission has nominated Justice Mohamed Abdulahi Warsame for appointment to the Supreme Court of Kenya," read a statement by Justice Martha Koome, Chairperson of the Judicial Service Commission.

The Commission further noted that the nomination would be transmitted to the President for formal appointment under the Constitution.

In assessing the nominee, the JSC expressed confidence in his suitability for the apex court, stating: “The Commission is fully satisfied that Justice Warsame demonstrated the qualities that the Constitution demands of a Judge of the Supreme Court - professional competence, unimpeachable integrity, fairness, sound judgment, a genuine and demonstrable commitment to the rule of law and public service. The nominee's depth of legal knowledge and breadth of life experience makes him well suited to contribute meaningfully to the development of Kenya's jurisprudence at the highest level.”

The Commission also acknowledged the participation of all candidates who took part in the process, noting their willingness to subject themselves to public scrutiny.

It commended stakeholders who engaged in the recruitment process and members of the public who followed the interviews and submitted representations. According to the JSC, the level of civic participation reflected public interest in the composition of the Judiciary and was welcomed as part of strengthening transparency in judicial appointments.

The Secretariat of the Commission, led by the Chief Registrar of the Judiciary and Commission Secretary Winfridah Mokaya, was also commended for its role in facilitating the process. The JSC further acknowledged media partners for ensuring wide coverage of the interviews, which enhanced public accessibility and transparency.

Beyond the immediate nomination, the Commission highlighted what it described as a significant year of judicial expansion in Kenya. It noted that in January 2026, it nominated 15 Judges to the Court of Appeal, who were subsequently appointed by the President. In addition, the Commission has nominated 24 Judges to the High Court and 13 Judges to the Environment and Land Court, who are expected to take their Oath of Office next week.

“In total, 52 judges will have been appointed across 3 superior courts in this single year, the largest judicial expansion in Kenya's recent history,” the Commission stated, adding that the scale of appointments reflects both the demand for justice services and efforts to strengthen judicial capacity.

The JSC further stated that the expansion of judicial personnel must translate into improved service delivery, including faster disposal of cases, reduced backlog, and strengthened access to justice for citizens. It emphasised that performance measurement for judges and judicial officers remains a critical accountability mechanism within the Judiciary.

In this regard, the Commission announced a new policy direction on performance transparency, stating: “Going forward, there is a clear need to enhance transparency in the assessment of performance and reporting on the productivity of Judges and Judicial Officers in a manner that reinforces public confidence while upholding judicial independence.”

It further resolved that effective 1st July 2026, the Judiciary will begin publishing individual performance data for judges and judicial officers under a structured framework designed to balance transparency with institutional independence.

“This is in recognition of our duty to remain accountable to the people of Kenya who are the ultimate consumers and financiers of justice and in whose name judicial authority is derived and exercised,” the Commission said.

The JSC reaffirmed its constitutional mandate, stating its commitment to promoting an independent, accountable, effective, efficient and transparent Judiciary in the administration of justice.