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Judge of the Supreme Court of Kenya
Justice Mohammed Khadhar Ibrahim (born 1 January 1956) is a Kenyan jurist serving as a Judge of the Supreme Court of Kenya, to which he was appointed as part of the inaugural bench on 16 June 2011 after an open and competitive process. A pioneer from the Kenyan Somali community, he read law at the University of Nairobi, joined the firm of Waruhiu & Muite Advocates in 1982 and was admitted to the Roll of Advocates in January 1983—widely cited as the first Kenyan Somali to be admitted to the Bar. Over the next two decades he built a reputation as a leading commercial and constitutional lawyer, with a practice that touched banking, company, property and insurance law alongside high-profile public-interest litigation.
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Justice Mohammed Khadhar Ibrahim (born 1 January 1956) is a Kenyan jurist serving as a Judge of the Supreme Court of Kenya, to which he was appointed as part of the inaugural bench on 16 June 2011 after an open and competitive process. A pioneer from the Kenyan Somali community, he read law at the University of Nairobi, joined the firm of Waruhiu & Muite Advocates in 1982 and was admitted to the Roll of Advocates in January 1983—widely cited as the first Kenyan Somali to be admitted to the Bar. Over the next two decades he built a reputation as a leading commercial and constitutional lawyer, with a practice that touched banking, company, property and insurance law alongside high-profile public-interest litigation. Beyond his courtroom work, Ibrahim has been deeply associated with Kenya’s human-rights and pro-democracy struggles. In the late 1980s and early 1990s he provided legal support to reformist politicians and activists, was detained without trial in 1990 for his role in the second liberation movement, and invested heavily in advocacy for minority and marginalised communities, particularly Kenyan Somalis—famously challenging the discriminatory “pink card” regime that relegated them to second-class citizenship. Appointed a High Court Judge in May 2003, he served in Nairobi (Civil, Commercial and Constitutional Divisions), Eldoret and Mombasa before his elevation to the Supreme Court, where he has sat on landmark presidential-election and constitutional cases and currently chairs the Judiciary Committee on Elections and represents the Supreme Court on the Judicial Service Commission (JSC).
Highlights that showcase impact and influence.
Inaugural Supreme Court Justice and senior jurist: Appointed to the first Supreme Court bench under the 2010 Constitution in June 2011, he is one of the longest-serving justices and among the court’s senior members, having participated in foundational presidential-election petitions and constitutional decisions that helped define the court’s authority.
Champion of minority and citizenship rights: As both advocate and judge, Ibrahim has been cited for his sustained defence of minority groups, especially Kenyan Somalis—challenging discriminatory identification policies and pushing for recognition of full citizenship rights, an aspect highlighted in Supreme Court commemorative narratives.
Leadership in judicial governance and elections: He serves as Chairperson of the Judiciary Committee on Elections (JCE), overseeing the Judiciary’s preparedness and engagement on electoral disputes, and since 2022 has represented the Supreme Court on the Judicial Service Commission, sitting on key committees on finance, administration of justice, learning and development.
Contribution to Kenya’s second liberation and human-rights movement: His detention without trial in 1990 for providing legal aid to pro-democracy figures, and his roles in organisations such as Kituo cha Sheria, LEAD and Mwangaza Trust, have earned him recognition as part of the legal vanguard that pushed for multiparty democracy and a rights-based constitutional order.
A timeline of pivotal roles and responsibilities.
Early private practice and partnership (1982–1994): Joined Waruhiu & Muite Advocates in November 1982, was admitted to the Bar in January 1983, became a salaried partner in 1985 and a full partner in 1987, handling commercial, banking, company and constitutional briefs while increasingly engaging in public-interest litigation.
Founding his own firm and rights-focused practice (1994–2003): In 1994 he founded Mohammed Ibrahim & Associates, later expanded into Ibrahim & Isaack Advocates (1997), a firm noted for its mix of commercial work and rights-oriented litigation. During this period he also served on the Council of the Law Society of Kenya and on boards such as LEAD, and acted as a founding trustee of Mwangaza Trust.
High Court Judge (2003–2011): Appointed Judge of the High Court on 22 May 2003, he served in the Civil and Commercial Divisions at Milimani (Nairobi), the Judicial Review and Constitutional Division, and later as Resident Judge in Eldoret (covering the North Rift) and Mombasa, gaining deep exposure to constitutional, commercial and public-law disputes across the country
Supreme Court Justice and institutional leader (2011–present): Elevated to the Supreme Court in June 2011, he has sat on all major presidential-election petitions since 2013 and briefly served as acting President of the Supreme Court upon Chief Justice Willy Mutunga’s early retirement in 2016, before the appointment of a new Chief Justice. He currently doubles as Supreme Court representative to the JSC and Chair of the JCE, and is expected to retire around January 2026 after proceeding on pre-retirement leave.
Key events that have shaped public perception.
2012 vetting board finding of “unfit” and subsequent clearance: Following the 2010 Constitution, the Judges and Magistrates Vetting Board initially found Justice Ibrahim “unfit” to continue serving, citing a substantial backlog of delayed rulings from his period as a High Court judge. A later High Court-driven process led to his re-vetting and eventual clearance to continue serving, and he remained on the Supreme Court bench.
Petitions seeking removal of Supreme Court judges: Alongside the Chief Justice and his colleagues, Ibrahim has been named in multiple petitions filed at the JSC and challenged in the High Court, alleging misconduct or incompetence by the entire Supreme Court bench—particularly in the wake of contentious electoral and constitutional decisions. As of early 2025, key High Court rulings have stayed or limited JSC proceedings while broader constitutional questions about process and jurisdiction are litigated; no final adverse finding or removal order against him has been issued.
Criticism over delayed judgments: Even after his re-vetting, public and academic commentary has occasionally revisited earlier concerns about timeliness of judgment delivery, using his 2012 vetting experience as a case study in judicial accountability. These critiques focus on systemic issues—heavy caseloads, limited resources and structural bottlenecks—rather than on new, specific delay findings against him as a Supreme Court judge.
Political heat around presidential-election decisions: His participation in divisive presidential-election petitions (including 2013 and subsequent cycles) has inevitably drawn partisan criticism from losing camps, who at different times have attacked the entire bench for either “judicial activism” or “judicial capture”. These disputes are political and rhetorical; there is no record of a disciplinary body establishing that Justice Ibrahim personally engaged in misconduct in relation to these decisions.
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Justice Mohammed Khadhar Ibrahim (born 1 January 1956) is a Kenyan jurist serving as a Judge of the Supreme Court of Kenya, to which he was appointed as part of the inaugural bench on 16 June 2011 after an open and competitive process. A pioneer from the Kenyan Somali community, he read law at the University of Nairobi, joined the firm of Waruhiu & Muite Advocates in 1982 and was admitted to the Roll of Advocates in January 1983—widely cited as the first Kenyan Somali to be admitted to the Bar. Over the next two decades he built a reputation as a leading commercial and constitutional lawyer, with a practice that touched banking, company, property and insurance law alongside high-profile public-interest litigation.
Mohammed Ibrahim is affiliated with Non-partisan.
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