Ruto Nominates Supreme Court Judge Njoki Ndung’u for ICC Judge Position

Ruto Nominates Supreme Court Judge Njoki Ndung’u for ICC Judge Position

President William Ruto has nominated Njoki Ndung’u, a sitting judge of the Supreme Court of Kenya, as Kenya’s official candidate for election to the bench of the International Criminal Court (ICC).

The election for new ICC judges is scheduled for December at the court’s headquarters in The Hague, where representatives of member states will vote to fill vacant judicial positions.

Justice Ndung’u, who has served on Kenya’s apex court since 2011, will face stiff competition from nominees across multiple regions, reflecting the global nature of the tribunal tasked with prosecuting the world’s most serious crimes.

Among those also nominated are Deo John Nangela of Tanzania, Rosette Muzigo of Uganda, Everlyn Ankumah of Ghana, Guénaël Mettraux of Switzerland, Yoshimitsu Yamauchi of Japan, and Diana Carolina Olarte of Colombia.

If elected, Ndung’u would preside over cases involving grave international offences, including genocide, war crimes and crimes against humanity — matters that fall under the ICC’s jurisdiction when national courts are unable or unwilling to prosecute.

Legal analysts say her extensive experience in constitutional law and criminal justice could strengthen Kenya’s influence within international legal circles.

Before joining the judiciary, Ndung’u served as a legislator in the National Assembly of Kenya during the Ninth Parliament, representing the National Rainbow Coalition from 2003 to 2007.

She is also widely known for her role in key judicial decisions, including participation in the landmark ruling that nullified Kenya’s 2017 presidential election, a decision that attracted global attention for asserting judicial independence.

Should she secure the ICC post, her departure from the Supreme Court would create a vacancy at a critical time, with Kenya approaching the highly anticipated 2027 General Election cycle.

The nomination comes as the Judicial Service Commission (JSC) is already in the process of recruiting another Supreme Court judge following the death of Mohamed Ibrahim, who passed away on December 17 last year after a prolonged illness.

In a statement issued earlier, the JSC confirmed that several applications had been received for the vacant position after the deadline for submissions lapsed in February.

“The Commission received six applications for the position of Judge of the Supreme Court following the closure of the application period,” the JSC said

Those who applied include appellate judges Katwa Kigen, Joseph Sergon, Mohammed Warsame, and Francis Tuiyot, alongside legal professionals Anne Waceke Kiratu Makori and Lilian Wanjiku Wachira.

Observers note that the simultaneous processes — filling an existing vacancy while potentially losing another judge to an international post — could reshape the composition of the Supreme Court in the coming months.

Kenya’s nomination of Ndung’u also signals renewed engagement with the ICC, an institution with which the country has had a complex relationship, particularly following cases related to the 2007–2008 post-election violence.

Government officials, however, say the nomination reflects Kenya’s commitment to international justice and the rule of law.

If successful, Ndung’u would join a select group of judges from around the world entrusted with adjudicating cases that often involve heads of state, military leaders and other high-ranking officials accused of atrocities.

The outcome of the December election will determine whether Kenya secures representation on the influential court, a development that could elevate the country’s profile in global legal affairs while marking a significant milestone in Ndung’u’s distinguished career.

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Ruto Nominates Supreme Court Judge Njoki Ndung’u for ICC Judge Position