Four judges have been cleared to contest the election for the next President of the Court of Appeal following the close of the nomination process.
In a notice issued by the Independent Electoral and Boundaries Commission (IEBC), Returning Officer Martin Wachira Nyaga said the candidates were validly nominated under Rule 5.5 of the Court of Appeal Election Rules, 2013.
The candidates are, Justice Patrick Omwenga Kiage, Justice Steven Gatembu Kairu, Justice Agnes Kalekye Murgor and Justice Lydia Awino Achode
The election is scheduled to take place on Monday, June 22, 2026, from 10:00 a.m. to 1:00 p.m. at the Sarova Stanley, unless otherwise communicated by the Commission.
The term of Justice Daniel Musinga as President of the Court came to an end on May 24, 2026 having served for a non renewable term of five years.
The Court of Appeal Judges elect one of them to be their a President.
The IEBC reminded judges eligible to vote that those unable to attend in person may cast their ballots electronically in accordance with Rule 7.9 of the Court of Appeal Election Rules, 2013. Judges intending to vote electronically must notify the Commission at least two days before the election.
Nyaga said the Commission is committed to overseeing a dignified, transparent, free and fair election in line with the Constitution and the Court of Appeal Election Rules, 2013.
Campaigns among the judges for the upcoming elections intensified interest in judicial leadership and succession dynamics within Kenya’s second-highest court.
Tribal balance may be a key factor in the decision. Justice Koome is from Mt Kenya and insiders say it would be unfair to have a candidate from the same region.
The contest has also drawn attention to questions of seniority within the Court of Appeal.
Justice Achode is junior among the candidates for the post as she was sworn into the Court of Appeal on 19 July 2022. She currently ranks lower in seniority relative to many of her peers on the bench.
Under Section 8 of the Judicature Act, precedence among judges of appeal is generally determined by the date of appointment, unless otherwise determined by the President in exceptional circumstances.
This framework has placed seniority as a key consideration in discussions around judicial leadership within the court.
Observers note that Justice Achode’s prior experience as Registrar and Principal Judge of the High Court reflects strong administrative expertise, though the operational leadership of the Court of Appeal is primarily vested in the Court’s internal structures and the office of its President.
With four candidates in contention, analysts say the election is shaping up as a significant institutional moment for the Court of Appeal, particularly given the presence of several long-serving judges appointed during the post-2010 judicial reform period. Many within legal circles have previously advocated for consensus-based leadership selection to preserve cohesion within the court.
Justice Murgor, who was appointed to the Court of Appeal in December 2012 following the implementation of the 2010 Constitution’s competitive judicial appointment framework.
Her elevation came during the early reform era of the judiciary under then Chief Justice Willy Mutunga, alongside several other senior jurists including Chief Justice Martha Koome, Justice William Ouko, Justice Patrick Kiage, and Justice Steven Gatembu Kairu.
Justice Murgor has served in various leadership capacities within the Judiciary, including as Chairperson of the Administration of Justice and Performance Management Committee (AJPMC), where she oversees institutional performance evaluation and reform initiatives across the judiciary.
The role involves nationwide court inspections and the presentation of annual performance reports in public forums. She has held the position for over eight years.
She is widely regarded within legal circles for her experience both in corporate practice and on the bench, and has recently completed a term as Presiding Judge of the Mombasa Court of Appeal, during which she received recognition from the local Law Society of Kenya branch.
Chief Justice Koome appointed Lady Justice Wanjiru Karanja as the Acting President of the Court of Appeal.
Lady Justice Wanjiru is the senior most judge of the court.
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