Tuesday, April 28,
2026 - Court of Appeal Judge, Katwa Kigen, has assured Kenyans that his
past professional relationship with President William Ruto will not compromise
his impartiality if he were to sit on the Supreme Court bench during a
presidential election petition in 2027.
Appearing before the Judicial Service Commission (JSC) on
Tuesday, April 28th, Kigen was questioned about concerns raised by
members of the public regarding his previous role as Ruto’s lawyer during the
International Criminal Court (ICC) proceedings.
Justice Fatuma Sichale, a member of the interviewing panel,
noted that the commission had received a letter from a concerned Kenyan
highlighting fears that Kigen might not be neutral should Ruto contest the
presidency again.
“Kenyans are expressing their misgivings about your
candidature… they fear that if you join the Supreme Court and there is a
petition challenging the presidential election, you are likely not to be
impartial.”
“What do you have to say to this?” Justice Sichale asked.
In response, Kigen acknowledged his past representation of
Ruto but insisted that his judicial conduct will remain objective.
“It
is true that I have represented him. I intend to be as objective and neutral in
the discharge of my functions as a judge.”
"While
I cannot say that the fear is ill-informed, because I can understand the
concerns, I just want to give the assurance that I would be fair, and I would
only deal with facts and the law," he responded.
Kigen argued that many judges had previously served as
advocates and represented clients, stressing that singling him out amounted to
“borderline discrimination.”
He added that mechanisms such as recusal exist if legitimate
concerns arise over his participation in a presidential petition.
The judge emphasized that the Supreme Court’s role extends
beyond election disputes and invited the panel to assess him based on
integrity, fairness and commitment to justice.
Kigen is among six candidates shortlisted to replace the
late Justice Mohammed Ibrahim, who passed away in December 2025.
The Kenyan DAILY POST
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