Professor Migai Akech/JSC COURTESY
Professor Migai Akech has outlined his judicial philosophy during an interview for appointment to the Court of Appeal.
He assured Chief Justice Martha Koome that, if appointed, his judgments would reflect clarity and balance, noting that words like “hot air” would have no place in his rulings.
Akech was responding to a question by the Chief Justice on what special knowledge and skills he would bring to the country’s second-highest court during an interview before the Judicial Service Commission (JSC).
He was the first candidate to be interviewed on the opening day of the recruitment exercise on Monday, January 12, 2026.
Answering the question, Akech said his approach to adjudication would be anchored on interpreting rights in a balanced and measured manner, with an emphasis on substance.
“I will read a right in a very balanced way. So I think words like ‘hot air’ will not find a way in my judgments,” he said.
His response came against the backdrop of a long-running public debate on judicial language, particularly following the Supreme Court’s 2022 presidential election petition judgment.
In that decision, the apex court used the phrase “hot air” to describe certain allegations advanced by the petitioners, triggering sharp criticism from the Azimio la Umoja One Kenya coalition at the time.
Chief Justice Koome, who presided over that seven-judge bench, later defended the court, insisting that the phrase was not used in bad faith.
She maintained that the judgment was grounded in evidence and the law, and that the wording should not be read as dismissive or disrespectful.
The constitutional law scholar, who has built a career in academia, governance and public law, is among 35 candidates shortlisted by the JSC for interviews to fill 15 vacancies at the Court of Appeal.
The vacancies arise from an expanded workload at the appellate court, which handles appeals from the High Court and plays a central role in developing Kenyan jurisprudence.
During the interview, Akech outlined his experience in constitutional interpretation, institutional reform and rights-based analysis, arguing that his background equips him to contribute meaningfully to appellate decision-making.
The interviews, which are being conducted publicly, are chaired by Chief Justice Koome and involve commissioners drawn from the Bench, the Bar and the public.
Candidates are being assessed on their legal competence, integrity, temperament and understanding of constitutional values.
The recruitment process is expected to span several days, with judges, senior advocates and legal scholars appearing before the commission.
At the end of the exercise, the JSC will forward the names of successful candidates to the President for appointment.