Ruto's ICC Judge gamble could backfire

President William Ruto with Justice Njoki Ndung'u and Chief Justice Martha Koome at State House, Nairobi.  [PCS]

President William Ruto’s high profile launch and push for Supreme Court Judge Njoki Ndung’u to join the International Criminal Court (ICC)  bench could backfire and embarrassingly splash egg on his face.

President Ruto has used diplomatic engagements, such as a meeting with Sierra Leone President Julius Maada Bio and Ivory Coast's Alassane Ouattara, this week in Nairobi to rally support for the judge.

Seasoned lawyers argue that it will be difficult for Kenya to successfully launch two bids for its nationals at both the ICC and the International Court of Justice (ICJ).

In January this year, Kenya, through the Ministry of Foreign Affairs, Kenya nominated legal scholar Phoebe Okowa to vie for a position that had been left vacant by a Somali judge, who had resigned from ICJ.

Okowa’s low keyed launch, was however a big contrast from Njoki’s, because of president Ruto’s personal intervention and engagement in high stakes lobbying.

Senior Counsel Gitobu Imanyara thinks Kenya should support Okowa because she is already serving at the ICJ, where she was nominated in November last year to fill a casual vacancy for the remainder of the term that was vacated by Judge Abdulqawi Yusuf of Somalia, whose term expires on February 5, 2027.

“These positions are few and should be shared across continents. Kenya will be seen to be greedy for fielding two candidates in these high profile positions because the UN has partnership with ICC and the UN also runs ICJ,” says Imanyara.

Okowa is said to have the support of colleagues at ICJ and is the most likely of the two Kenyan candidates to be easily approved because of her experience and qualification.

Having graduated from the University of Nairobi with a First Class Honours degree, Okowa served as Professor of Public International Law and Director of Graduate Studies at Queen Mary University of London and as a member of the UN International Law Commission before moving to ICJ.

Apart from serving in the international justice system since she became an advocate, Okowa has also taught law at other universities in the United Kingdom and Kenya.

“These are qualifications Njoki Ndung’u cannot and will never have. Both candidates can lose out if the process is not handled properly. Kenya should have one candidate for these positions and it should not be Njoki,” said Imanyara.

As a fully elected member of the highest court in the world, Okowa became the first Kenyan woman to serve on the coveted judicial bench.

And so President William Ruto’s high profile launch of Supreme Court Judge’s bid at State House, will either end positively or embarrassingly be another expensive venture that will not bear fruits.

Kenya spend Sh584 million to lobby for the late ODM leader Raila Odinga’s African Union Commission (AU) chairmanship unsuccessful bid and President Ruto is now engaged another high stakes campaign for the Judge.

Imanyara says that unlike the AU which is a political organ, the ICC should not entertain political interference although it is sponsored by State Parties of the Rome Statute.

“What happens if Kenya is cited as a defendant by the ICC, when Njoki is sitting on the bench. Judges should not be appointed through campaigning by politicians,” says Imanyara.

Constitutional lawyer Peter Wena argues that Ruto’s decision to play a direct role will see him gett credit if she gets the job but there is also the very embarrassing scenario if all goes wrong.

President Uhuru Kenyatta was embarrassed when he personally took charge of former Cabinet Secretary Amina Mohammed’s bid for the African Union Commission chairperson position in 2017 that failed when he personally campaigned for her.

Despite significant lobbying by Uhuru among peers at the AU headquarters in Addis-Ababa and across the continent, Amina lost to Musa Faki Mahamat in a seven round vote.

“It would be wiser if president Ruto uses a diplomatic charm offensive but that is not his style. Unlike president Kibaki who was a bit laid back when Kenya successfully fronted Joyce Aluoch, his style of leadership is always at the front and you can’t blame him for that,” says Wena.

President Kibaki’s candidate also succeeded because of her high profile. As a former vice-chairperson of the Judicial Curriculum Review Committee, she had extensive experience in the training of judges, magistrates and paralegals, a programme she undertook in conjunction with the International Association of Women Judges.

She chaired the African Union Committee of Experts on the Rights of the Child (2001-2005) and has undertaken special missions, such as negotiations on behalf of the African Union with the Government of Sudan and a fact-finding mission to war-torn northern Uganda to report on the effects of the war on children.

Judge Aluoch also served for six years as vice-chair and member of the UN Committee on the Rights and Welfare of the Child (2003-2008), and chaired a task-force that worked toward the implementation of the Sexual Offences Act 2006, aimed at developing a national policy framework for handling sexual offences in Kenya.

The traction that the intensified lobbying is getting is not clear yet, but president Ruto’s social media posts indicate that he indeed has all hands on the deck.

The team doing Njoki’s bidding include Prime Cabinet Secretary and Foreign Affairs CS, Musalia Mudavadi, the PS Korir Singoei, Chief Justice Martha Koome and the Head of Civil Service Felix Koskei amng others.

It is not clear if a budget has been allocated for the rigorous exercise that also requires extensive traveling and lobbying by the taskmasters. What is clear though is the president is using every available opportunity to aggressively sell her candidature.

During the just ended Africa Forward Summit hosted by France and Kenya in Nairobi, president went on a lobbying spree with all presidents, including some like Abdel Fattah el-Sisi of Egypt whose country is not a member of ICC.

“Held talks with president @AlsisiOfficial of Egypt on the sidelines of the Africa Forward Summit in Nairobi. We commended the strong relations between Kenya and Egypt. At the same time, I took the opportunity to seek Egypts support for Supreme Court Judge Justice Njoki Ndung’u for the position of Judge in the International Criminal Court,” posted Ruto on his X platform.

It was also not immediately clear what role Egypt a non-ratified ICC member will play in the coming elections. Critics say the president may not have done his homework well and ended up making another diplomatic gaffe.

During a recent swearing-in ceremony of newly appointed judges to the High Court and Environment and Land Court at State House, Ruto convened a high-level strategy meeting to drive the campaign.

Reportedly present the high leve meeting were the Chief Justice, the Prime Cabinet Secretary, the Head of Public Service Felix Koskei, and Justice Njoki Ndung’u.

Speaking at State House during the bid launch, Retired Judge Joyce Aluoch cautioned that during voting, countries look at the credibility of the State that is fronting the candidate. 

“They ask, how can we trust you, when your country is doing ABCD. That is why we should be promoting mediation and peace building in our country,” said Aluoch. 

If successful, Justice Ndung’u would join the 18-member bench of the ICC in The Hague, a court tasked with prosecuting crimes of international concern, including genocide, war crimes, and crimes against humanity.

 Justice Njoki Ndungu’s career highlights included the work she did in enacting the Sexual Offences Act when she was serving as a nominated MP and the Maputo Protocol.

Facts on the 2026 ICC Elections

 Kenya's Candidate: Justice Njoki Ndung'u (Supreme Court of Kenya).

 Other Candidates: Approximately 14 candidates are vying for the positions, with eight candidates from Africa, including individuals from the DRC, Ghana, Malawi, Uganda, Tanzania, Senegal, and Gambia.

 Reports indicate that other potential candidates include Mette Knudsen (Denmark), Lev Kyshakevych (Ukraine), Guenael Mettraux​ (Switzerland), Yoshimitsu Yamauchi (Japan), Diana Carolina Olarte Bacares (Colombia), and Ana Peyro Llopis (Spain).

 The elections are scheduled for December 2026 during the 25th Assembly of States Parties in New York, where Aluoch says Kenya’s candidate will be accompanied by either the Ambassador or the legal attache.

 There are six vacancies to replace judges whose terms end on March 10, 2027, including current President Tomoko Akane.

 Candidates are also expected to have qualified for high-level judicial offices in their home countries.

 The ICC has 125 member states, with Africa region having 33, Asia Pacific 19, Eastern Europe 20, Latin America and Caribbean 28, Western Europe and others 25.

 

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