Court of Appeal judges Alnashir Vishram and David Maraga and High Court judge Msagah Mbogholi have emerged as front runners to succeed Willy Mutunga as Chief Justice.
The three are among six judges shortlisted by the Judicial Service Commission. Others are Supreme Court judge Smokin Wanjala, former Law Society of Kenya chairman Nzamba Kitonga and Justice Roseyln Nambuye.
The Judicial Service Commission drew up the list yesterday after going through applications for 14 people. US-based Law professor Makau Mutua did not make it, despite presenting a 71-page CV. He is highly critical of President Uhuru Kenyatta and the outcome of the 2013 election.
The JSC is yet to draw up a shortlist for Deputy Chief Justice and judge of the Supreme Court.
Mutunga and his deputy Kalpana Rawal both left office last month and the JSC is rushing to fill the positions, especially because the Supreme Court at present has no quorum. The court will also decide petitions in case of challenges to the outcome of the presidential election next year.
According to the constitution, the Chief Justice is chairman of JSC and president of the Supreme Court. He does not exercise judicial power over other courts. Any administrative power he retains over the Court of Appeal and High Court is shared with their heads.
Vishram, 65, Maraga, 65, and Mbogoli, 66, are considered the front runners because of their experience and the respect they command in the judiciary, among other qualities.
It is also understood senior government figures are comfortable with any of the three because they come from small communities outside of Mount Kenya and the Rift Valley. President Uhuru Kenyatta from Central and Deputy President William Ruto from Rift have been accused of mostly appointing people from the two regions into key positions.
"Of the three, the man with the best chance is Maraga. He is not only being seen as a safe pair of hands but a very solid legal mind who enjoys good relations with many people," said a senior government official familiar with goings on in the executive and JSC.
"Vishram has the second-best chance because he comes from a minority community and with Rawal out, the executive is keen to appease that community by appointing Vishram.
"Mbogoli would be the third best choice," he confided to the Star.
Born and raised in Kenya, Vishram was unsuccessfully nominated to the CJ's position by President Mwai Kibaki in 2008 but his appointment was rejected by Prime Minister Raila Odinga.
Mutunga then was picked by the JSC.
Vishram studied in Canada, but nine years after graduating from law school, he was back in Kenya where he practiced and became a judge in the Court of Appeal. It was the highest court until 2010 when the new constitution created the Supreme Court.
In interview he has said the greatest challenge in Kenya is the huge backlog of cases due to lack of enough judges.
Mbogholi was appointed to the High Court in 1987 and has served in various stations in the country.
He has served on the subcommittee of the Judicial Service Commission to recruit district magistrates and conduct interviews for the promotion of magistrates.
He has headed the Criminal Division, the Family Division, the Kenya School of Law and the University of Nairobi's Faculty of Law.
Outside of judicial work, Justice Msagah in 1994 chaired the Commission of Inquiry into the Mtongwe Ferry disaster, Kenya's largest marine accident in which 257 passengers aboard the MV Mtongwe drowned after it capsized.
He is unfailingly courteous, friendly and has a down-to-earth personality.
Msagah career as a judge suffered a setback when Justice Aaron Ringera named him as one of the corrupt judges and he was expected to go in what was described as radical surgery by the Narc government.
He successfully defended himself, however, refusing to resign and facing a tribunal appointed by the President. He was cleared and resumed duty.
Although he is respected and considered a good judge, David Maraga has faced allegations about lack of integrity. In 2012, the LSK accused him of bribery, dishonesty and being swayed by his ethnicity in his judicial functions.
Maraga appeared before the Judges and Magistrates Vetting Board, Chaired by Sharad Rao when LSK presented allegations from the Rift Valley branch where members accused him of cutting deals with an unnamed Nakuru politician for favourable judgments.
He denied the allegations and swore by the Bible he had never taken a bribe in his career spanning more than 25 years.
"I am a practising Christian… I am an elder of the Seventh Day Adventists for years now. I understand that people do swear falsely but I am serious about it and want to declare before this board and to the nation that I have never taken a bribe," he swore.
Wanjala, is seen as Mutunga's preferred successor.
He holds a PhD in Law from the University of Ghent and lectured at the University of Nairobi for 15 years where he taught international law, international human rights law, land law and criminal law.
Wanjala served as a deputy director in charge of prevention services at the old Kenya Anti-Corruption Commission but resigned 2009 due to public outcry following irregular reappointment alongside that of his boss Aaron Ringera and fellow deputy director Fatuma Sichale by President Kibaki.
In June 2012, he was among five justices nominated to the Supreme Court and saw on the six-man bench that declared Kenyatta President after dismissing a petition by Raila Odinga.
The highly awaited verdict, delivered amid great tension in the country, was unanimous.
Justice Roselyn Nambuye, 64, has been described as a 'servant leader' after her gripping revelation of dedication to serve society.
The judge with more than 30 years experience had told the JSC she made scholarships available to destitute children and also participates in other community activities such as funerals and harambees.
Nambuye is favoured to take over from Rawal, according to JSC sources.
As with Mbogholi, the Ringera team also declared her unfit to serve in the judiciary.
However, she challenged this decision by the Justice Aaron Ringera-led team and was reinstated by President Kibaki before the tribunal completed its investigation.
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