Four judges battle for control of Kenya’s influential appellate court
The position fell vacant following the expiry of Justice Daniel Musinga's non-renewable five-year term on May 24, 2026
As judges of the Court of Appeal cast their votes to elect a new president of the court, attention has turned to one of the most influential offices in Kenya’s judicial hierarchy.
The election comes at a critical time for the country’s appellate justice system, with the holder of the office wielding substantial authority over the management, direction and efficiency of the second-highest court in the land.
The position fell vacant following the expiry of Justice Daniel Musinga’s non-renewable five-year term on May 24, 2026.
Justice Musinga, who was elected by his colleagues in 2021, leaves office after steering the court through a period marked by a growing caseload and heightened public interest in constitutional and electoral disputes.
Four judges are contesting to succeed him: Justices Gatembu Kairu, Patrick Kiage, Agnes Murgor and Lydia Achode.
The Court of Appeal occupies a pivotal place in Kenya’s justice system.
It is the final arbiter in the vast majority of disputes arising from the High Court and specialised courts, with only a limited category of cases proceeding to the Supreme Court.
Its decisions shape jurisprudence, influence public policy, settle commercial disputes worth billions of shillings, and determine the fate of politically sensitive cases, including election petitions and constitutional challenges.
As president of the Court of Appeal, the successful candidate will serve not only as the judicial head of the court but also as its chief administrator.
The office holder is responsible for constituting benches, assigning judges to hear appeals, overseeing case management and ensuring the timely disposal of matters filed before the court.
The president’s role is therefore central to addressing case backlogs, maintaining consistency in judicial decisions and safeguarding public confidence in the appellate justice system.
The election is being conducted through a secret ballot supervised by the Independent Electoral and Boundaries Commission (IEBC), with results expected on Thursday afternoon.
Justice Gatembu Kairu, born in July 1960, joined the Court of Appeal in 2012 after a career spanning legal practice, academia, arbitration and mediation.
He holds an LLM from Boston University, an LLB from the University of Nairobi and a Diploma in Law from the Kenya School of Law.
Justice Patrick Kiage, born in 1969, built a distinguished career in private practice, handling civil, commercial and criminal matters before joining the bench.
He holds an LLM from New York University and an LLB from the University of Nairobi.
Justice Agnes Murgor was appointed to the Court of Appeal in 2012 and has extensive experience in both private practice and corporate legal management, including serving as legal counsel and group company secretary at East African Breweries Limited.
Justice Lydia Achode brings more than 35 years of judicial experience, having risen through the ranks from magistracy to become Principal Judge of the High Court between 2018 and 2022 before her elevation to the Court of Appeal.
