Four judges cleared to battle for Court of Appeal presidency

The race to lead the Court of Appeal has officially begun after four judges were cleared to contest for the position of President of the Court of Appeal, setting the stage for a closely watched election that will determine the next head of Kenya’s second-highest court.

A notice issued by the Independent Electoral and Boundaries Commission (IEBC) confirmed that Justice Patrick Omwenga Kiage, Justice Steven Gatembu Kairu, Justice Agnes Kalekye Murgor and Justice Lydia Awino Achode were validly nominated to vie for the position.

Returning Officer Martin Wachira Nyaga said the four candidates met the requirements for nomination under Rule 5.5 of the Court of Appeal Election Rules, 2013.

The election will be held on Monday, June 22, 2026, between 10:00 a.m. and 1:00 p.m. at the Sarova Stanley, unless the Commission communicates any changes.

The successful candidate will take over from Justice Daniel Musinga, whose non-renewable five-year term as President of the Court of Appeal ended on May 24, 2026.

Under the law, judges of the Court of Appeal elect one of their colleagues to serve as President of the court.

The IEBC also reminded judges eligible to vote that those who may not be able to attend the election physically can cast their votes electronically under Rule 7.9 of the Court of Appeal Election Rules, 2013. Judges intending to use the electronic voting option must notify the Commission at least two days before polling day.

Nyaga said the Commission remains committed to conducting a dignified, transparent, free and fair election in line with the Constitution and the Court of Appeal Election Rules, 2013.

The contest has attracted growing attention within legal circles as campaigns among judges gather pace ahead of the vote, raising interest in the future leadership of the appellate court and the succession process following Musinga’s exit.

Questions around ethnic balance are also expected to feature in discussions as judges prepare to elect the next president.

The election has further renewed debate on the role of seniority in determining judicial leadership within the Court of Appeal.

Section 8 of the Judicature Act provides that precedence among judges of appeal is generally based on the date of appointment, unless the President directs otherwise in exceptional circumstances.

The provision has placed seniority at the centre of conversations surrounding the choice of the court’s next leader.

With four candidates in the race, the election is being viewed as an important moment for the institution, especially given that several of those seeking the position are among judges appointed during the post-2010 judicial reform era.

Many members of the legal fraternity have in the past supported consensus-based leadership selection, arguing that it helps maintain unity and harmony within the court.