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President Ruto nominates Supreme Court Judge Njoki Ndung’u as Kenya’s candidate for ICC judge post

President Ruto nominates Supreme Court Judge Njoki Ndung’u as Kenya’s candidate for ICC judge post, to compete with six other candidates in elections from Dec 7 to 17.

President William Ruto has fronted Supreme Court Judge Njoki Ndung’u as Kenya’s nominee for the upcoming International Criminal Court (ICC) judicial elections, positioning the country to vie for one of six vacant seats on the world’s top criminal tribunal. The elections will be held during the 25th session of the Assembly of States Parties (ASP) from 7 to 17 December 2026 in New York and The Hague-linked process.

Justice Njoki Ndung’u, a distinguished jurist and human rights advocate, currently serves on Kenya’s Supreme Court, where she has been a member since its inauguration in 2011. Over the past 14 years, she has sat on landmark benches, including the 2017 presidential election petition in which the court annulled the initial presidential vote, cementing her reputation in constitutional and public law

Her nomination places her in a competitive field of seven candidates shortlisted by ICC States Parties for the six available judicial positions. Other nominees include Evelyn Ankumah (Ghana), Rosette Muzigo-Morrison (Uganda), Deo John Nangela (Tanzania), Yoshimitsu Yamauchi (Japan), Diana Carolina Olarte Bácares (Colombia), and Guénaël Mettraux (Switzerland). The list reflects broad geographic representation: four candidates from African states, one from the Asia-Pacific region, one from the Latin American and Caribbean group (GRULAC), and one from Western European and other states.

Under Article 36 of the Rome Statute, ICC judges must be persons of high moral character, impartiality and integrity, and must possess the qualifications required in their home states for appointment to the highest judicial office. They are elected by the Assembly of States Parties, which oversees the court’s governance and ensures that the bench reflects expertise in criminal law, international law, and human rights.

Justice Ndung’u’s professional journey spans the judiciary, legislature, regional bodies and international organisations. She previously served as a Member of Parliament in Kenya’s 9th Parliament (2003–2007), where she sat on key committees, including Defence and Foreign Affairs, Administration of Justice and Legal Affairs, and the Select Committee on the Constitution. In the legislature, she is widely credited with spearheading far-reaching reforms such as the Sexual Offences Act 2006, amendments to the Employment Act 2007 introducing paid maternity and paternity leave, and provisions in the Political Parties Act 2007 to enhance women’s participation in politics.

Her international and policy experience includes roles as State Counsel in the Office of the Attorney General, Programme Officer at the Institute for Education in Democracy, National Protection Officer at the United Nations High Commissioner for Refugees (UNHCR), and Political Analyst in conflict management at the African Union. She also served on the Committee of Experts that drafted Kenya’s 2010 Constitution, contributing to the country’s foundational governance framework.

Academically, Justice Ndung’u holds a Master of Laws (LL.M) in Human Rights and Civil Liberties, alongside specialised training in women’s rights. She is an Advocate of the High Court of Kenya and has been recognised with multiple honours, including the United Nations in Kenya “Person of the Year” award (2006), the International Commission of Jurists’ Jurist of the Year (2006), and the state honours of Elder of the Burning Spear (EBS) and Chief of the Burning Spear (CBS).

If elected to the ICC bench, Justice Ndung’u will join judges mandated to adjudicate cases of genocide, war crimes, crimes against humanity, and the crime of aggression, ensuring accountability for the gravest offences of concern to the international community. Her appointment would strengthen Kenya’s voice in international criminal justice and deepen Africa’s representation in shaping global norms on accountability and the rule of law.

Sam Mwaura

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