From trailblazing advocate to Supreme Court judge: The life of Ibrahim Mohammed

Kenya’s Judiciary is in mourning following the death of Supreme Court Judge Ibrahim Mohammed Khadhar Ibrahim, a jurist whose legal career spanned more than four decades and left an indelible mark on constitutionalism, minority rights and judicial independence.

According to the Judiciary, Justice Ibrahim passed away on Wednesday, December 17, at around 4:30 p.m. while receiving treatment at the Aga Khan Hospital in Nairobi.

He was 69. In a brief statement confirming his death, the Judiciary said the judge had died after a long battle with illness, bringing to an end a distinguished life of public service.

Justice Ibrahim had been unwell for some time and had recently returned to Kenya from India, where he had been admitted to an Intensive Care Unit for specialised treatment.

The Judiciary confirmed that he passed on in hospital, noting that he had been under medical care following his return from India.

Justice Mohammed Khadhar Ibrahim was appointed a Judge of the inaugural Supreme Court of Kenya on June 16, 2011, following an open and competitive interview process.

His appointment came at a critical moment in Kenya’s history, as the country implemented the 2010 Constitution and established new judicial institutions aimed at strengthening the rule of law.

At the Supreme Court, he was known for his measured reasoning, strong constitutional grounding and sensitivity to issues of social justice.

In May 2022, he was elected by his peers to serve as the Supreme Court’s representative to the Judicial Service Commission, a role that underscored the confidence his colleagues had in his leadership and integrity.

He also served as the Chairperson of the Judiciary Committee on Elections, having been appointed to the position by the Chief Justice on August 16, 2021, placing him at the centre of judicial oversight during politically sensitive electoral periods.

Justice Ibrahim studied law at the University of Nairobi before joining private practice. In November 1982, he joined the firm of Messrs Waruhiu & Muite Advocates and was admitted to the Roll of Advocates on January 11, 1983.

His admission was historic: he became the first person from the Kenyan Somali community to be admitted to the Bar as an Advocate. He rose steadily within the firm, becoming a salaried partner in 1985 and a full partner in 1987.

In 1994, he established his own firm, Mohammed Ibrahim & Associates, which later expanded into Ibrahim & Isaack Advocates in 1997.

The firm handled a wide range of matters, including civil and constitutional litigation, with a specialisation in banking law, company law, bankruptcy, commercial law, property law, conveyancing and insurance law.

Beyond commercial practice, Justice Ibrahim invested heavily in the defence of minority rights, particularly those of the Somali community in Kenya.

He was a vocal opponent of the Government’s use of so-called pink cards  secondary identity documents that required additional proof of citizenship and were widely seen as discriminatory.

He viewed the policy as one that relegated Kenyan Somalis to second-class citizenship and used the law to challenge exclusionary state practices.

His commitment to justice extended to pro bono work and community service, often undertaken in difficult political circumstances.

In July 1990, during the one-party era, he was detained without trial for opposing aspects of the regime.

He spent one month in solitary confinement at Kamiti Prison for offering legal advice and supporting pro-democracy activists, an experience that shaped his lifelong dedication to constitutional freedoms.

Justice Ibrahim was appointed a Judge of the High Court on May 22, 2003. He initially served at the Civil Division in Milimani, Nairobi, before being transferred to the Commercial Division.

In 2004, he joined the newly established Judicial Review and Constitutional Division, where he handled landmark public law cases.

He later served as Resident Judge in Eldoret between 2007 and 2009, covering the wider North Rift Valley region and occasionally assisting the High Court in Kisii.

In July 2009, he was transferred to the High Court in Mombasa, where he again served as Resident Judge before his elevation to the Supreme Court.

Justice Ibrahim was an active member of the Law Society of Kenya and served on its Council in 1994.

He worked closely with Kituo Cha Sheria, sat on the board of the Legal Education and Aid Programme, and was a founding trustee of the human rights organisation Mwangaza Trust.