What 'Closing the File' means: Judiciary's tradition honouring departed judges

On March 9, 2026, Chief Justice Martha Koome led members of Kenya’s Judiciary in a solemn ceremony at the Supreme Court of Kenya to honour the late Supreme Court Judge Mohammed Khadhar Ibrahim.

The occasion, known as the Closing of File Proceedings, marked the official end of the late justice’s judicial service and celebrated his lifelong commitment to the rule of law.

While the ceremony is deeply symbolic, it also raises a question many outside the legal profession often ask: what exactly does 'closing the file of proceedings' mean?

In Kenya and several other common-law jurisdictions, closing the file of proceedings is a ceremonial act conducted when a judge or distinguished legal practitioner dies while still serving in office.

The ceremony symbolically marks the final conclusion of the individual’s legal work, acknowledging that their judicial duty has come to an end.

Chief Justice Koome explained that the tradition serves as a reminder of the ethical obligations carried by those who practise law.

“The tradition of conducting Closing of File Proceedings for departed members of the Bench and Bar serves as a symbolic reminder of the noble responsibility borne by legal practitioners,” she said.

According to the Chief Justice, the ceremony recognises that judges and advocates hold a unique responsibility in society as guardians of justice.

“Judges and advocates are called to serve as custodians of justice, entrusted with upholding the rule of law with integrity, professionalism, and dedication,” she noted.

Within the legal fraternity, the ceremony is regarded as one of the highest honours that can be accorded to a member of the Bench or Bar.

It is not merely a formal ritual but a final act of respect offered by colleagues who shared the same duty to interpret and uphold the law.

The phrase itself carries strong symbolic meaning within the legal world.

In court practice, a 'file' contains all documents, decisions, arguments and proceedings connected to a particular case.

When a matter is concluded, the file is closed and archived. During the ceremonial proceedings, the same metaphor is applied to a judge’s life of service.

By formally 'closing the file,' the Judiciary symbolically acknowledges that the judge’s work on the bench has been completed.

The ritual also underscores the idea that justice is an enduring institution that outlives individuals, even those who have dedicated their lives to it.

Through the ceremony, the legal community reflects on the departed officer’s contributions while reaffirming its commitment to continue the pursuit of justice.

During the ceremony, the Chief Justice paid tribute to Justice Ibrahim as a jurist whose career left a profound mark on Kenya’s legal landscape.

“Justice Ibrahim was a champion of the rule of law and human rights whose contributions to Kenyan jurisprudence and the administration of justice remain profound,” she said.

Justice Ibrahim’s journey in the legal profession began long before he joined the bench.

He was widely recognised as a fearless advocate for human rights and democratic governance during some of the country’s most difficult political periods.

At one point, he even faced detention without trial due to his activism.

His belief, colleagues said, was that the law should protect ordinary citizens while limiting abuses of power.

Justice Ibrahim joined the High Court in 2003, beginning a judicial career that would span several divisions and regions of the country.

He first served in the Civil Division in Nairobi before moving to the Commercial Division at Milimani, where he handled complex cases involving banking disputes, company law, mortgages and intellectual property.

Later, he served in the Judicial Review and Constitutional Division, contributing to the development of constitutional jurisprudence during a period of political transformation.

His career later took him to Eldoret, where he became Resident Judge in the North Rift region, overseeing court operations and handling both civil and criminal matters. He later served as Resident Judge in Mombasa beginning in 2009.

Among his notable rulings was a decision affirming that Kenyan courts had jurisdiction to try piracy offences committed on the high seas, a judgment that attracted global academic attention.

In another landmark ruling, he granted bail to a murder suspect under the framework of the Constitution of Kenya 2010, setting an important precedent on bail rights in capital offences.

Justice Ibrahim’s experience at the High Court prepared him for elevation to the Supreme Court of Kenya in 2011, where he joined the inaugural bench created under the Constitution of Kenya 2010.

At the apex court, he participated in several landmark cases, including presidential election petitions and key constitutional interpretation matters that have shaped Kenya’s democratic governance.

He was also known for writing thoughtful dissenting opinions, reflecting what colleagues described as an independent judicial philosophy grounded in constitutionalism and human dignity.

Beyond deciding cases, he played an important administrative role within the Judiciary. He chaired the Judiciary Committee on Elections and later represented the Supreme Court in the Judicial Service Commission of Kenya.