JSC picks Lenaola to replace Tunoi at Supreme Court

The Judiciary Service Commission (JSC) has picked Justice Isaac Lenaola to join the Supreme Court, bringing to an end a four-month exercise to fill empty slots at the apex court.

Mr Justice Lenaola, 49, who currently serves at the High Court, beat 20 other contestants to replace Justice Phillip Tunoi who lost a case to remain in service beyond the retirement age of 70.

His selection follows that of Chief Justice David Maraga who was sworn into office last week and deputy Chief Justice nominee Philomena Mwilu who appeared before the Justice and Legal Affairs Committee of the National Assembly on Tuesday for vetting.

“The JSC has after lengthy deliberations recommended Hon Mr Justice Isaac Lenaola, for appointment as judge of the Supreme Court of Kenya and has submitted the name to His Excellency the President,” JSC said in a statement.

President Uhuru Kenyatta will now move to appoint Mr Justice Lenaola with the superior judges not needing Parliamentary vetting unlike the CJ and DCJ.

Mr Justice Lenaola has been at the centre of several landmark decisions including a judgment allowing gay people to register their organisation.

He was also part of a trio of Constitutional Court judges who delivered judgement on the date for the March 2013 poll following political acrimony on when the polls were to be held.

The appointment of the CJ and Mr Justice Lenaola now takes the Supreme Court above the constitutionally required minimum of five judges for the top court to listen to cases.

Before their appointment, the court was operating with only four judges after the simultaneous exit of former Chief Justice Willy Mutunga, DCJ Kalpana Rawal and Justice Tunoi.