Makau Mutua's application for the position of CJ has been rejected by the Judicial Service Commission, which shortlisted six candidates on Tuesday.
The selected candidates are:
1. Justice Smokin Wanjala
2. Justice Alnashir Visram
3. Lady Justice Roselyne Nambuye
4. Justice David Maraga
5. Justice Mbogholi Msagha
6. Philip Nzamba Kitonga.
While Mutua is a distinguished scholar, who submitted a 71-page CV to support his bid, concern has been expressed over his controversial weekly opinion columns in the Nation and Standard.
In December 2014, the SUNY professor wrote: "As a matter of freedom of conscience and thought, I can't accept Uhuru Kenyatta as President of Kenya. I can't and I won't.”
In 2014, Mutua was accused of committing perjury in an American court after allegedly irregularly laying off Jeffrey Malkan, a lecturer at Buffalo Law School where Mutua was a Dean.
He was among thirteen candidates who had submitted applications for the position of Chief Justice.
Right before the 5pm deadline last Friday, former anti-corruption chief Aaron Ringera had also made a bid for the post.
Notably, another candidate who did not make the shortlist for CJ is Supreme Court judge Jackton Ojwang'.
JSC said it will release the shortlist of applicants for the position of Deputy Chief Justice and that of Supreme Court Judge on Wednesday.
A total of 15 candidates had applied for the position of DCJ, while 21 candidates applied for the position of Supreme Court judge.
The positions fell vacant following a Court of Appeal decision to retire Justices Kalpana Rawal and Philip Tunoi at the age of 70.
This story has been updated.