Supreme Court Justice Ibrahim elected unopposed to JSC

The Supreme Court has elected Justice Mohammed Ibrahim to represent them on the Judicial Service Commission for a term of five years.

The judge will replace Deputy Chief Justice Philomena Mwilu, whose term is ending.

He was elected unopposed yesterday in voting overseen by the Independent Electoral and Boundaries Commission (IEBC).

At the end of voting, the court, led by its president, Chief Justice Martha Koome, said it believes in free, credible and verifiable elections.

The Constitution requires that members of the JSC, apart from the Chief Justice and the Attorney-General, hold the position for a term of five years, renewable only once.

The JSC has 11 members and is chaired by the Chief Justice. The other current members include Justice Mohamed Warsame (representing the Court of Appeal), Patrick Gichohi (Public Service Commission representative), Prof Olive Mugenda (public representative) and Attorney-General Paul Kihara Kariuki.

The others are Felix Koskei (public representative), Macharia Njeru (Law Society of Kenya male representative), Justice David Majanja (representing High Court judges) and Everlyn Olwande (chief magistrate). The LSK female representative, Jacqueline Ingutiah, is yet to officially take the position, which has been vacant since March 2021.

Justice Ibrahim was appointed judge of the inaugural Supreme Court on June 16, 2011.

He studied law at the University of Nairobi before entering private practice. He joined the firm of Waruhiu & Muite Advocates in November 1982 and was subsequently admitted to the roll of advocates on January 11, 1983.

He was among the first people from the Kenyan Somali community to be admitted to the bar as an advocate. He moved up the ranks in the law firm, becoming a salaried partner in 1985 and a full partner in 1987.

Justice Ibrahim went on to establish his own firm, Mohammed Ibrahim & Associates, in 1994.

He joined the Judiciary on May 22, 2003 as a judge of the High Court and first served in the Civil Division of the High Court in Milimani, Nairobi.

He later served at stations including Eldoret, Mombasa and Kisii. His last station as a judge was Mombasa, where he served until 2011, when he was elevated to the Supreme Court.

He is the chairperson of the Judiciary Committee on Elections, having been appointed on August 16, 2021 by the Chief Justice.

According to his Judiciary profile, the judge has invested heavily both personally and professionally in securing the rights of minority groups, particularly the Somali community.

He fought discrimination against Kenyan Somalis when the government gazetted the use of “pink cards”, which were secondary identity cards issued upon provision of further proof of citizenship. The cards were used to relegate the Somali community to second-class citizens.

He has a strong commitment to social justice and while in private practice, he litigated some cases pro bono.

As a result of his opposition to aspects of the one-party regime of President Moi, he was detained without trial in July 1990 and spent one month in solitary confinement at the Kamiti Prison for giving legal advice and supporting pro-democracy champions.

He was an active member of the Law Society of Kenya and in 1994 was elected to the society’s Council for a term of one year.

He has worked with Kituo Cha Sheria and was a member of the board of the Legal Education and Aid Programme (LEAD).

The judge was a founding trustee of the human rights organisation Mwangaza Trust, serving until 1994. He was also a member of the Lawyers Committee for Human Rights and is a member of the Kenya Magistrates and Judges Association.