By Benadeta Mwaura - Reporter
Kenya, January 12, 2026 - The Judicial Service Commission (JSC) has commenced interviews for applicants seeking appointment as judges of the Court of Appeal, underscoring a pivotal moment in Kenya’s judicial calendar as the country prepares to fill vacancies at one of its most influential courts.
The interviews, which began on January 12, 2026, are part of a constitutional process designed to identify and recommend the most qualified candidates for appointment by the President, in consultation with the JSC, which serves as the gatekeeper for judicial integrity, competence and performance.
The Court of Appeal is Kenya’s second–highest court, serving as the primary appellate body for decisions from the High Court and key tribunals. Its judges play a central role in interpreting the Constitution, ensuring the rule of law and shaping legal precedents that affect governance, human rights, commercial dispute resolution and electoral matters.
Vacancies in the Court of Appeal arise periodically due to retirements, promotions or transfers, and each opening is closely watched by the legal community because appointments can influence legal direction and jurisprudence for years. Under Article 166 of the Kenyan Constitution, the JSC is mandated to recruit and recommend judicial officers, ensuring transparency, equity and merit in the process.
Candidates are required to demonstrate not only legal expertise but also integrity, impartiality and respect for the Constitution. During the interview sessions, applicants are questioned on a broad range of topics, including:
1. Interpretation of constitutional rights and protections
2. Commercial and criminal law experience
3. Views on judicial independence and accountability
4. Ethics in judicial decision-making
5. Handling of high-profile or politically sensitive cases
Names of successful candidates will later be recommended to the President, who will then forward them to Parliament for vetting and possible confirmation. Although the JSC usually keeps the list of applicants confidential until hearings begin, the process generally attracts:
1. Senior High Court judges with extensive judicial experience
2. Distinguished advocates with decades of courtroom and appellate practice
3. Legal academics and constitutional law experts
4. Serving magistrates elevated through merit and performance
More from Kenya
The mix of backgrounds ensures a broad pool of candidates with diverse legal perspectives, which many stakeholders argue strengthens the judiciary’s capacity to handle complex and evolving legal challenges. Legal professionals and civil society organisations have welcomed the start of the interviews, saying it demonstrates the JSC’s commitment to building a robust and competent Court of Appeal.
Law Society of Kenya (LSK) President Eric Theuri said, “The Court of Appeal plays a vital role in safeguarding democracy and the rule of law. We expect the JSC to ensure the process is transparent and that only highly qualified, ethical candidates are recommended.”
Human rights advocates have also called on the commission to prioritise candidates with strong records on constitutional freedoms, justice delivery, and access to fair hearings, especially in light of recent judicial reviews involving electoral, land, and public interest litigation.
The JSC has occasionally faced criticism in past recruitment cycles, with some observers questioning whether political interests influence judicial appointments. In response, the commission has increasingly emphasised merit-based selection and public participation, including opportunities for members of the public to submit written views about applicants, often referred to as “public participation.”
While the public participation window was already conducted earlier in the process, the interviews themselves are open to accredited observers from legal associations, media, and civil society, adding a layer of transparency as the commission evaluates candidates. After the conclusion of interviews, expected within the coming weeks, the Judicial Service Commission will:
1. Deliberate and score candidates
2. Recommend a list of preferred appointees to the President
3. Forward the names to Parliament for vetting
4. Upon parliamentary approval, the President will appoint successful candidates as Court of Appeal judges
The process, from interview to appointment, could take several months, but is essential to ensuring the judiciary is fully staffed and capable of meeting its caseload and constitutional mandates. Kenya’s justice system has faced multiple challenges in recent years, ranging from delays in hearing backlogged cases to public confidence issues surrounding high-profile rulings.
Strengthening the Court of Appeal is seen as a strategic priority to deepen respect for the rule of law, improve judicial efficiency, and uphold constitutional guarantees. Observers say that the calibre of the new judges, especially their independence and depth of legal reasoning, will have far-reaching implications for public trust in the judiciary and the protection of constitutional rights.
