Katwa Kigen Promises Fairness in Supreme Court Cases Involving President Ruto

Katwa Kigen Promises Fairness in Supreme Court Cases Involving President Ruto

Concerns over judicial impartiality took centre stage on Tuesday, April 28, as senior advocate Katwa Kigen faced the Judicial Service Commission (JSC) during interviews for a position at Kenya’s apex court, the Supreme Court of Kenya

Kigen, who has previously represented President William Ruto in several high-profile legal battles, was pressed to address public concerns regarding his ability to remain impartial, particularly in the event of a presidential election petition following the 2027 General Election.

The issue was raised directly by Justice Fatuma Sichale, who referenced a formal petition submitted by a section of Kenyans questioning Kigen’s suitability for the role. The petition, dated April 8, 2026, expressed fears that his past professional relationship with Ruto could compromise his neutrality in cases involving the Head of State.

“Some Kenyans are expressing their misgivings about your candidature. They are concerned about the fact that you have been a lawyer for President William Ruto, who is likely to be a candidate in the 2027 general elections,” Justice Sichale posed during the session, capturing a concern that has since sparked public debate.

In response, Kigen acknowledged his legal history with the President but firmly dismissed any suggestion that it would influence his judicial conduct. “First, I have indeed represented him. May I say that I intend to be as objective and neutral in the discharge of my function as a judge?” he stated.

He went further to emphasise his commitment to the rule of law, adding: “Let me give my assurance that I will be fair and that I will only deal with facts and the law.”

Kigen’s remarks come at a time when public scrutiny of judicial appointments remains high, especially ahead of an election cycle where the Supreme Court is expected to play a pivotal role in resolving electoral disputes. The court has, in previous elections, been the final arbiter in presidential petitions, making the integrity and independence of its judges a matter of national interest.

Drawing on his experience within the legal profession, Kigen argued that many judges ascend to the bench after representing diverse clients, including political figures, and that such backgrounds should not automatically disqualify them.

“Many members of the bench have previously served as advocates. It would be unfair to single out an individual based on the nature of clients they represented,” he noted, suggesting that professional history should be viewed within the broader context of legal practice.

To further address concerns about potential bias, Kigen highlighted existing safeguards within the judiciary designed to uphold fairness. “There are measures if there is anybody concerned with my sitting at the Supreme Court with a justifiable cause. There are provisions of how that can be handled, including recusal,” he explained.

Recusal, a legal process where a judge steps aside from a case due to a potential conflict of interest, was presented as a key mechanism to maintain public confidence in judicial proceedings. Kigen also pointed out that presidential petitions have previously been heard by a reduced bench, demonstrating flexibility within the system.

“I am aware there are presidential petitions that have been done with fewer than the totality of seven Supreme Court judges. The Supreme Court workload is not limited only to presidential petitions,” he added.

Kigen’s legal career includes representing Ruto at the International Criminal Court and being part of the President’s legal team during the 2022 presidential election petition, experiences that have both elevated his profile and intensified scrutiny of his candidacy.

As the JSC continues its vetting process, the spotlight remains on how Kenya balances professional experience with the imperative of judicial independence. Analysts note that the outcome of the interviews could shape public trust in the judiciary, particularly as the country prepares for another high-stakes electoral cycle.

For now, Kigen’s assurances of neutrality and adherence to the law form a central pillar of his bid to join the Supreme Court, even as debate over his candidacy continues to unfold in legal and public spheres.

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Katwa Kigen Promises Fairness in Supreme Court Cases Involving President Ruto