Senior Counsel Nelson Havi has sparked debate in legal circles after criticizing recently sworn-in Court of Appeal Judge Joseph Kipchumba Kigen Katwa for applying to become a judge of the Supreme Court of Kenya.
The remarks follow the Judicial Service Commission (JSC) announcement that six candidates had applied for the lone vacancy on the apex court.
In a statement released on 25th February 2026, the JSC confirmed it received applications from Judges Joseph Kiplagat Sergon, Warsame Abdulahi Mohammed, Katwa Kigen, Francis Kipruto Tuiyott, and two other candidates, Anne Waceke Kiratu Makori and Lilian Wanjiku Wachira.
The Commission also outlined plans to hold a stakeholder engagement meeting on 23rd March 2026, ahead of shortlisting and interviews.
Reacting to the development, Havi accused Katwa Kigen of “judicial greed,” labeling him a “galloping applicant” seeking every vacant office.
“This is a vice inconsistent with the office of a Judge,” Havi said. He further dismissed the candidacies of Anne Kiratu and Lilian Wanjiku, saying he was unaware of their professional backgrounds and questioning their eligibility for the Supreme Court.
Havi’s focus instead centered on Mohammed Warsame and Francis Tuiyott, whom he described as the only credible candidates.
He controversially suggested that the JSC should “toss a coin” to select one of them for appointment to the President. “This contest is between Mohammed Warsame and Francis Tuiyott,” Havi stated, emphasizing that the other applicants lacked sufficient judicial visibility.
The senior lawyer’s comments have drawn mixed reactions in legal circles, with some welcoming his blunt critique of what they call careerism in the judiciary, while others caution against undermining the JSC’s vetting process.
The stakeholder engagement meeting scheduled for March will provide a platform for judicial actors, bar associations, and civil society to review the applicants’ qualifications before shortlisting.
Interviews are expected to follow shortly after, with the JSC forwarding recommended names to the President for formal appointment.
As the debate intensifies, attention now turns to how the Commission balances public confidence, judicial independence, and merit in filling one of Kenya’s most prestigious judicial offices.