Lady Justice Pauline Nyamweya, who had applied for the position of Deputy Chief Justice, has withdrawn her application.
Justice Nyamweya, who is the presiding judge of Machakos Law Courts, said she made that decision due to the spirit of ethnic diversity, that it will be unfair to other regions and communities to be the deputy CJ since she hails from the same area as Chief Justice in waiting David Maraga.
Justice Nyamweya has previously served as head of the Environment and Land court in Nairobi.
The exercise officially closes on Thursday, upon which the commission will forward the name to the president, who will in turn present it before parliament for vetting.
The name of Justice David Maraga, who was chose to take up the Chief Justice post is already before the national assembly, and a decision will be made in the coming days.
The seat fell vacant after the retirement of Kalpana Rawal in June.