Rights group opposes Ruto's support for Justice Ndung'u's ICC position
National
By
Steve Mkawale
| May 12, 2026
Supreme Court Judge Njoki Ndungu at the Supreme Court, Nairobi, August 30, 2022. [David Gichuru, Standard]
The Geneva-based Institute of Human Rights (IHR) has criticised President William Ruto’s efforts to back Supreme Court Justice Njoki Ndung’u for a position on the International Criminal Court (ICC) bench.
David Koros, the IHR president, stated that President Ruto lacks the moral standing to campaign and lead diplomatic efforts to secure Justice Ndung’u’s election to the ICC, given his alleged role in hindering justice for victims of the 2007/2008 post-election violence.
“It is still very fresh in the minds of human rights defenders and victims of the Post Election Violence in Kenya that the Prosecutor Fatou Bensouda clearly stated that 17 witnesses withdrew cooperation while others were intimidated, bribed, or socially isolated during the trial of the Kenyan case,” Koros told the Standard yesterday.
In a Tuesday statement from Geneva, Koros noted that the ICC prosecution indicated that while suspects benefited from interference, the Kenyan government provided only selective support, failing to cooperate fully.
Residing in Geneva, Koros encouraged Kenyan human rights defenders to take the lead in campaigning for Justice Ndung’u’s appointment to the ICC, instead of leaving it to a government that has failed to defend human rights.
In April 2016, the ICC dropped charges against Ruto and radio journalist Joshua Sang due to insufficient evidence, citing a “perfect storm” of witness interference, intimidation, and political manoeuvring.
The judges declared a mistrial without acquitting them, citing severe undermining of the case.
Recently, President Ruto has quietly but assertively campaigned in support of Justice Ndung’u.
This diplomatic effort to secure her appointment is part of Kenya’s broader plan to boost its influence in global legal institutions.
As co-host of the ongoing African Forward Summit in Nairobi, President Ruto informed visiting leaders whose countries are signatories to the Rome Statute that Kenya supports a candidate.
Justice Ndung’u was introduced to French President Emmanuel Macron at State House, Nairobi. On Sunday, Ruto formally sought support from African leaders, including Liberia’s President, Joseph Boakai, and Côte d’Ivoire’s President, Alassane Ouattara.
However, IHR urges Ruto to distance himself from the process, arguing that although Kenya wishes to be part of the ICC bench, Ruto’s involvement taints the effort.
”President Ruto might be harbouring personal interests apart from the country’s wider interest of being part of the global legal institution. He must keep off the process,” Koros stated.
He criticised the Ruto administration for extra-judicial killings and human rights violations as Kenya prepares for the 2027 General Election.
The ICC is set to hold elections for six vacant judge positions in December 2026 during the 25th Assembly of State Parties in New York.
Ruto’s effort to secure a seat on the Hague-based tribunal aims to enhance African influence in the global justice system and address the trust gap between Africa and the court.
Justice Ndung’u has served on the Supreme Court since its inception. She is the principal architect of Kenya’s Sexual Offences Act and one of the nine experts involved in drafting the current constitution.