Kenya’s Supreme Court could undergo a significant transformation before the 2027 General Election, with up to three of its current seven judges potentially leaving the bench in the coming months or years.
The Judicial Service Commission is already recruiting a replacement for Justice Mohamed Khadhar Ibrahim, who died on December 17, 2025, leaving the court with only six active judges. The vacancy has added urgency to the JSC’s ongoing process, as the Supreme Court requires a minimum of seven judges to sit on presidential election petitions and other critical constitutional matters.
The six candidates shortlisted for the position are Court of Appeal judges Joseph Kiplagat Sergon, Warsame Abdullahi Mohammed, Joseph Kipchumba Kigen Katwa and Francis Kipruto Tuiyott, Chief Magistrate Anne Waceke Kiratu Makori, and advocate Lilian Wanjiku Wachira. Public participation is ongoing, with a stakeholder forum set for March 23, 2026, followed by interviews and recommendations to the President.
Even as this recruitment proceeds, two more vacancies could emerge before the 2027 polls. Justice Njoki Ndung’u, one of the court’s longest-serving judges, was nominated by President William Ruto to serve as a judge at the International Criminal Court. If her nomination is confirmed by the ICC Assembly of States Parties later this year, she will leave the Supreme Court, creating a second vacancy.
The third potential departure is Deputy Chief Justice Philomena Mwilu, who turns 70—the mandatory retirement age for superior court judges—in April 2027, just months before the general election. Unless Parliament amends the retirement age or the President grants a short extension (as has happened in exceptional cases), Justice Mwilu will step down in the first half of 2027.
The convergence of these timelines has raised concerns among legal scholars, political actors and civil society groups about the court’s readiness to handle a presidential election petition, which must be filed within seven days of the declaration of results and determined within 14 days under Article 140 of the Constitution. A court with fewer than seven judges could require acting judges or face logistical challenges in convening a full bench.
Legal analyst Steve Oundo said the situation underscores the urgency of filling vacancies quickly. “The Supreme Court is the final arbiter in presidential disputes,” Oundo noted. “Any delay in reconstituting a full bench risks creating uncertainty or perceptions of partiality if acting judges are appointed close to the election. The JSC and the President must act expeditiously to ensure the court is fully constituted well before the polls.”
The JSC has acknowledged the pressure. Secretary Geoffrey Mwangi said the commission is committed to a transparent, merit-based process. “We are moving as fast as the law allows,” Mwangi stated. “The recruitment for Justice Ibrahim’s replacement is already advanced, and we will handle any further vacancies with the same urgency. The court must be ready to discharge its constitutional mandate without interruption.”
Opposition leaders have expressed worry that a depleted bench could affect the credibility of any election-related ruling. “The Supreme Court decides who becomes President,” said one opposition MP. “If it has only five or six judges when the petition is filed, questions will arise about whether the outcome reflects the full court’s wisdom or is influenced by acting appointments made at the last minute.”
Supporters of the current administration argue that the Constitution provides sufficient flexibility through acting judges and that the JSC’s track record demonstrates independence. “The court has handled complex matters with fewer judges before,” a State House source said. “What matters is the quality of the appointees, not the exact number at any given moment.”
The potential triple change also highlights the generational shift looming in Kenya’s judiciary. Justice Ibrahim’s death at 66 was unexpected, Justice Ndung’u is 59 and could serve another decade if she remains on the bench, while Justice Mwilu’s mandatory exit at 70 opens the door for younger jurists.
Whoever is appointed will join a court that remains the ultimate guardian of the Constitution and the final arbiter in disputes that could determine Kenya’s political future. With less than 18 months until the 2027 election, the speed and quality of the JSC’s recruitment process will be closely watched by Kenyans across the political divide.
