BBI verdict: How will Supreme Court judges rule?

Chief Justice Martha Koome (second from right) with Judges of the Supreme Court on Thursday, January 20, 2022, during day three of the BBI appeal case hearing.[Collins Kweyu, Standard]

Chief Justice Martha Koome:

She assumed office as Chief Justice and the President of the Supreme  Court of Kenya on May 21, 2021.

Prior to her appointment as the 15th Chief Justice of the Republic of Kenya, she was a Senior Judge of  the Court of Appeal.

Justice Koome joined the Judiciary in 2003 as a High Court Judge where she served until 2011.  

She holds an LLB degree from the University of Nairobi, a Post-graduate Diploma in Law from the  Kenya School of Law and an LLM degree from the University of London. 

She was admitted to the roll of advocates in 1987.

She was a council Member of the Law of Society of  Kenya between 1994 and 1996.

In 1997 she was elected the chair of the Federation of Women Lawyers Kenya Chapter (FIDA  Kenya) and served in that position for two consecutive terms.

She is a runner-up for the UN Kenya Person of The Year 2020  for her leadership and advocacy concerning the rights of children. 

Deputy Chief Justice Philomena Mwilu:

Justice Mwilu is an advocate of the High Court of Kenya with over 37 years  of experience in the legal profession. 

She holds Bachelor and Master of Laws degrees from the  University of Nairobi.

She was appointed as a Judge of the High Court in 2007. 

Was then appointed to the Court of Appeal in November 2012. 

She was appointed Deputy Chief Justice in  October 2016.

In May 2017 she was elected as a JSC Commissioner 

In the same year, she was appointed to  serve as the Judiciary Ombudsman and the chair of the Implementation Monitoring Committee of the  Sustaining Judiciary Transformation (SJT) strategic blueprint. 

Justice Mohammed Khadhar Ibrahim:

He was appointed as a Judge of the inaugural Supreme Court of Kenya on June 16, 2011

He studied law at the University of Nairobi.

He joined the firm of  Messrs Waruhiu & Muite Advocates in November 1982 and was subsequently admitted to the Roll of  Advocates on January 11, 1983.

He was the first from among the Kenyan Somali community to be  admitted to the Bar as an Advocate.

He progressed in the firm, becoming a salaried partner in 1985  and a full partner in 1987. 

Established his own firm, Mohammed Ibrahim & Associates, in 1994.

He was appointed as a Judge of the High Court on May 23, 2003 and first served at the Civil Division  of the High Court, Milimani, Nairobi fro

He is the Chairperson of the Judiciary Committee on Elections having been appointed on  August 16, 2021.

Justice Smokin C. Wanjala:

He was appointed as a Supreme Court judge in 2011.  

Justice Wanjala holds a Doctorate in Law (PhD) from the University of Ghent, Belgium. 

Was a senior lecturer at the University of Nairobi for nineteen (19) years (1986-2004).

While still  lecturing at the university he served as the Joint Secretary to the Commission on Illegally  and Irregularly Acquired Public Land (the Ndung’u Commission) in 2003.

He was appointed Assistant Director of the Kenya Anti-Corruption Commission (KACC) in October  2004, where he served in that capacity until 2009. 

Justice Njoki Ndungu:

Supreme Court judge Justice Njoki Ndungu. [Boniface Okendo, Standard]

Appointed as a Supreme Court judge in 2011

She holds a Masters in Law degree (LLM) in Human Rights and Civil  Liberties and a Diploma in Women’s Rights. 

She is a former Member of the Pan-African Parliament and a former Member of the 9th Parliament

She is the architect of the Sexual Offences Act 2006

Justice Ndung’u is also behind the  amendments to the  Employment Act 2007 providing for paid maternity and paternity leave.

She is the 2006 Jurist of the Year

Justice Isaac Lenaola:

He joined the judicial service in 2003 and worked as Resident Judge in Embu, Meru, Machakos and  Kakamega High Courts.

Until his appointment as Judge of the Supreme Court, Judge Lenaola was the Presiding Judge of the  Constitutional and Human Rights Division at the High Court in Milimani, Nairobi

Justice Lenaola has served as Judge and Deputy Principal Judge of the Court of First Instance of the  East African Court of Justice (EACJ) from 2011 to 2018 

HE is also a Judge at the Residual Special Court  for Sierra Leone (RSCL) from 2013 to-date.  

He is President of the Advisory Council of the Strathmore Institute for Advanced Studies in  International Criminal Justice (SIASIC)

Lenaola is the president of the International Association of Refugee and  Migration Judges (IARMJ).

He is a Fellow of McLaughlin College, York University, Toronto, Canada  and Fellow, Chartered Institute of Arbitrators (FCIArb).

He is also Chairman of the Judicial Action  Group (JAG) and a member of the Commonwealth Magistrates and Judges Association, (CMJA), the  Accountability Panel of the Wildlife Justice Commission (WJC) and also the African Judges and Jurists Forum (AJJF). 

Was named Jurist of the Year by the International  Commission of Jurists (ICJ)—Kenya Chapter (2019).

Justice William Ouko:

Was appointed to the Supreme Court on May 14, 2021.

Served as the President of Court of Appeal from March 2018. 

Has a Masters in Criminology and Criminal Justice from Egerton University, 

Justice Ouko practiced law briefly at  Mbogholi Msagha and Company Advocates, Mombasa in 1987. 

Joined the Judiciary as District Magistrate II (Professional) the same year.

He served in different  positions rising through the ranks to the Office of the Registrar of the High Court.

He was elevated to  the High Court as judge in 2004 and later in 2012 to the Court of Appeal.  

Justice Ouko served in the administrative wing of the Judiciary as  Deputy Registrar, Senior Deputy Registrar, Principal Registrar, Chief Court Administrator and  Registrar High Court between 1990- 2004.  

Justice Ouko has served in Judicial Commission of Inquiry into the Goldenberg Affair andTask Force on Judicial Reforms,

Download the BBI Judgement by all seven Judges - Civil Appeal No. E291 of 2021