NAIROBI, Kenya, Jan 13 — University of Nairobi law professor Migai Akech launched his bid for a Court of Appeal seat on Monday with a pointed declaration: he would keep “words like hot air” out of his judgments.
Akech made the remark during his appearance before the Judicial Service Commission (JSC), chaired by Chief Justice Martha Koome, who famously used the term in 2022 while dismissing claims of interference in the presidential election portal.
“I believe I write in a very balanced way,” Prof Akech told the commission. “Words like hot air will not find their way in my judgments.”
The 2022 Supreme Court ruling had unanimously dismissed allegations that a Venezuelan national manipulated Kenya’s election portal, describing the claims as “no more than hot air” due to lack of credible evidence.
“We turn to Form 34A for Gacharaigu Primary School, which was sensationally presented by Madam Julie Soweto to show that one Jose Camargo accessed the RTS and interfered with the results contained therein. This also turned out to be no more than hot air, and we were taken on a wild goose chase that yielded nothing of value,” Chief Justice Koome said in the judgment.
Akech referenced words as he defended his commitment to evidence-based adjudication and precise legal reasoning before the panel as it commenced interviews to hire fifteen judges.
Soweto’s assertions on Jose Camargo, portal infiltration hot air: Supreme Court
An academic and Africanist from Homa Bay County, Prof Akech detailed his 27-year career in legal research and teaching, emphasizing extensive preparation for the appellate bench.
“I have read over 60 Court of Appeal judgments and interviewed court personnel to understand the work and challenges of the court,” he said, signaling his readiness from day one.
Appeal jurisdiction
The commission probed his understanding of the Court of Appeal’s jurisdiction under Article 164 of the Constitution and Section 5.2(b) of the Court of Appeal Rules.
Akech stressed the importance of exercising inherent powers to handle interlocutory applications, such as stays of execution, to preserve the subject matter of appeals.
He also elaborated on constitutional enforcement, public interest litigation, and judicial philosophy, distinguishing judicial activism, restraint, and overreach, and citing Kenyan examples, including vetting cases where courts checked legislative and executive actions.
The JSC shortlisted thirty-five candidates drawn from Kenya’s most senior legal ranks, including judges from the High Court and specialised superior courts, senior advocates, academics, and heads of constitutional commissions and tribunals ahead of the interviews.
Apart from Prof Akech, candidates from academia include Dr Lucy Wanja Julius and Dr Joseph Arimba Kaberia.
The shortlist also includes numerous serving judges, among them Justices Maronga Angima, Oscar Angote, Robert Limo, Lucy Mbugua, Edward Muriithi, William Musya, Francis Gikonyo, Chacha Mwita, Nduma Nderi, Linnet Mumo, Onesmus Makau, Rachel Ngetich and Lucy Njuguna.
Other notable candidates include Ahmed Issack Hassan, the former IEBC chairperson and current IPOA chair, who is making another attempt after an unsuccessful bid in 2022.
The recruitment drive comes at a critical moment for the Court of Appeal, which has a statutory capacity of seventy judges following amendments under the Statute Law (Miscellaneous Amendments) Act, 2023, but is currently operating with only twenty-seven judges.
