NAIROBI, Kenya, Jan 14 — Senior Counsel Nelson Havi has announced his intention to apply for the vacant Supreme Court position, saying he wants to use the process to trigger a serious public conversation about the workings of the Judicial Service Commission (JSC).
Havi, the 49th president of the Law Society of Kenya (LSK) and a long-time critic of the JSC, said his application is intended to put the commission under public scrutiny.
“I will apply for the vacant position of Judge of the Supreme Court solely for the purpose of coming to have a serious public conversation with you on the role of the JSC. You can keep this tweet as one of the material to question me on,” Havi said.
The vacancy, gazetted on Tuesday by Chief Justice Martha Koome, follows the death of Justice Mohammed Ibrahim on December 17, leaving the apex court with six judges.
Koome gazettes Supreme Court slot after death of Justice Ibrahim
JSC seeks judge to restore full bench before 2027 election
While the court remains quorate to hear most appeals, the current even-numbered bench could pose challenges in presidential election petitions, where a split decision could result in a deadlock.
Under Article 163 of the Constitution, the Supreme Court is composed of the Chief Justice, the Deputy Chief Justice, and five other judges, forming the full complement required for the court’s operations.
Since its establishment under the 2010 Constitution, the Supreme Court has played a decisive role in shaping Kenya’s legal and political landscape.
Its judges handle some of the country’s most consequential cases, including presidential election disputes, appeals from lower courts, advisory opinions to the government, and applications from judges challenging removal tribunals.
