Supreme Court Judge Njoki Ndungu at the first session during the Pre-trial conference on presidential election petition at the Supreme Court,Nairobi on 30th August 2022. [David Gichuru,Standard]
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Supreme Court Judge Njoki Ndungu at the first session during the Pre-trial conference on presidential election petition at the Supreme Court,Nairobi on 30th August 2022. [David Gichuru,Standard]
President William Ruto has nominated Supreme Court Judge Njoki Ndung’u as Kenya’s candidate for the International Criminal Court (ICC) judge post.
Ndung’u will compete with six other candidates for the judicial position in elections scheduled to take place from December 7 to 17 in New York.
The other candidates include Evelyn Ankumah of Ghana, Rosette Muzigo-Morrison of Uganda, Deo John Nangela of Tanzania, Yoshimitsu Yamauchi of Japan, Diana Carolina Olarte Bácares of Colombia, and Guénaël Mettraux of Switzerland.
Of the seven nominees, four are women and three are men. Four represent African States, one represents the Asia-Pacific States, one represents the Latin American and Caribbean States (GRULAC), and one represents Western European and other States.
Judge Njoki Ndung’u, a sitting judge of Kenya’s Supreme Court, has served in the judiciary for over two decades and is renowned for her work in constitutional and human rights law.
Ndung’u was appointed to the Supreme Court on June 16, 2011, as part of its inaugural bench. Over the past 14 years, she has been part of a seven-judge panel that has handled some of Kenya’s most complex cases, including the 2017 presidential election petition, which resulted in the annulment of the initial election.
She also served as a Member of Parliament in the National Assembly for the 9th Parliament, representing the National Alliance Rainbow Coalition (NARC) from 2003 to 2007.
According to the Rome Statute, Article 36, paragraph 3(a), judges of the International Criminal Court shall be chosen from among persons of high moral character, impartiality, and integrity who possess the qualifications required in their respective states for appointment to the highest judicial office.
They are elected by the Assembly of States Parties, and are tasked with ensuring the court delivers fair and impartial justice in cases involving genocide, war crimes, crimes against humanity, and aggression.
If elected, Judge Ndung’u will be responsible for presiding over cases involving serious international crimes. Her potential election would strengthen Kenya’s influence within the ICC and contribute to Africa’s representation in international criminal justice.