Kenyan Judge Defends Independence Despite Past Legal Work for President
Nairobi, 29 April 2026
Court of Appeal Judge Katwa Kigen faced intense scrutiny during Supreme Court interviews over his previous representation of President William Ruto, including at the International Criminal Court. Commissioners questioned whether his past client relationship would compromise impartiality in potential 2027 election disputes. Kigen assured the panel he would remain ‘objective and neutral’ and dismissed concerns as discriminatory, arguing that singling him out for past clients was unfair. The controversy highlights critical questions about judicial independence as Kenya’s Supreme Court prepares to potentially oversee future presidential election challenges.
Judicial Service Commission Grills Candidates on Impartiality
The Judicial Service Commission interviews, held at Milimani law courts on Tuesday, 28 April 2026, placed particular emphasis on potential conflicts of interest that could undermine public confidence in Kenya’s apex court [1]. Commissioner Fatuma Sichale directly addressed the elephant in the room, telling Kigen: ‘They are concerned and expressing misgivings over your connections to President Ruto and who is likely to be a candidate in 2027 elections. They fear that if you succeed in becoming a Supreme Court judge and there is a presidential petition challenging 2027 polls, you are likely not be impartial’ [1]. The timing of these concerns reflects the critical role the Supreme Court plays as the final arbiter of presidential election disputes [1], particularly with Kenya’s next general election scheduled for 2027 [GPT].
Brief Tenure at Court of Appeal Raises Questions
Chief Justice Martha Koome, who chaired the interview panel, questioned the wisdom of Kigen’s rapid career progression, noting his exceptionally short tenure at the Court of Appeal [2]. ‘The challenge I have is what questions to ask you because we recently interviewed you successfully for the judge of Court of Appeal and you have hardly been there for three months… Under normal HR practice, at least one stays in a job for six months to be evaluated for promotion,’ Koome stated [2]. Kigen joined the Judiciary in 2026 as a Court of Appeal judge and hails from Elgeyo Marakwet County, citing 30 years of legal practice and appearances before superior courts and international tribunals as qualification for the promotion [1]. The vacancy at the Supreme Court arose following the death of Justice Mohamed Ibrahim in December 2025 [1][8].
Presidential Legal Representation Under Microscope
During the intense questioning, Kigen acknowledged his professional relationship with President Ruto whilst defending his judicial independence. ‘It is true I have represented him. May I say that I intend to be as objective and neutral in my discharge of my functions as a judge. For me to be told that I have a disadvantage because I represented a particular individual would be bordering on discrimination,’ Kigen responded [2]. His representation of Ruto included work at the International Criminal Court [1], adding another layer of complexity to concerns about potential bias. Kigen described the concerns as ‘ill-informed’ and argued that his relationship with the President had ‘never taken away my objectivity’ [1]. He assured commissioners that he would ‘apply the law fairly and objectively’ and asked to be evaluated on competence rather than past client relationships [1].
Other Candidates Face Varied Challenges
The interview process also scrutinised other Supreme Court hopefuls, revealing different but equally significant concerns. Former Independent Policing Oversight Authority chairperson Anne Waceke Kiratu Makori faced criticism for failing to submit a mandatory wealth declaration, with Chief Justice Koome refusing a late submission [1]. High Court judge Joseph Kiplagat Sergon encountered complaints over alleged judicial misconduct in a Sportpesa case and his handling of a politically sensitive Wiper Patriotic Front case [1]. On Wednesday, 29 April 2026, the interviews continued with Court of Appeal judges Francis Tuiyott and Mohamed Warsame scheduled to appear before the panel [1][8]. The Judicial Service Commission is expected to release its recommendations within seven days of completing the interviews [2], after which the chosen candidate’s name will be forwarded to the President for formal appointment [8].