Kenya nominates Justice Njoki Ndung’u for ICC Judgeship

Kenya has nominated Supreme Court Justice Njoki Ndung’u for election to the bench of the International Criminal Court, positioning one of the country’s most experienced jurists for a global judicial role.

President William Ruto submitted Ndung’u’s nomination for one of six judicial vacancies to be filled during the 25th session of the Assembly of States Parties scheduled for Dec. 7–17, 2026, in New York.

If elected, Ndung’u would join the panel of judges presiding over cases involving genocide, crimes against humanity and war crimes at the court headquartered in The Hague in the Netherlands.

Ndung’u is among nominees presented by African states for the upcoming election and appears under the category of female candidates in the official list released ahead of the vote.

The elections will see ICC member states select six judges from nominees representing various regional blocs and professional legal categories.

Other candidates nominated from the African region include Deo John Nangela, Rosette Muzigo-Morrison and Evelyn Ankumah. The slate also includes Yamauchi Yoshimitsu from the Asia-Pacific region, Diana Carolina Olarte from Latin America and the Caribbean, and Guénaël Mettraux representing Western European and other states.

The ICC’s Assembly of States Parties — the governing body composed of countries that ratified the Rome Statute of the International Criminal Court — oversees the election process.

Should she secure enough votes from member states, Ndung’u would take up duties adjudicating international crimes that fall under the court’s jurisdiction.

Veteran of Kenya’s Supreme Court

Ndung’u, 61, has served on the Supreme Court of Kenya since her appointment in 2011, making her one of the court’s longest-serving judges.

Over the past decade, she has participated in landmark rulings that helped shape Kenya’s constitutional jurisprudence, including decisions involving presidential election petitions and questions on fundamental rights.

Her judicial work has focused heavily on gender equality, constitutional governance and social justice — areas that mirror the ICC’s mandate to protect vulnerable populations from mass atrocities.

Before joining the judiciary, Ndung’u held roles across legal, governance and international institutions. She served as State Counsel in the Office of the Attorney General, worked with the United Nations High Commissioner for Refugees (UNHCR) as a national protection officer, and acted as a political analyst on conflict management for the African Union.

She also previously served as a Kenyan Member of Parliament and represented the country in the Pan-African Parliament.

Architect of key legal reforms

Ndung’u is widely recognized as the architect of Kenya’s landmark Sexual Offences Act 2006, legislation credited with strengthening protections for victims of gender-based violence and improving the prosecution of sexual crimes.

Her broader legislative and policy contributions also include advocating amendments to labor laws that introduced paid maternity and paternity leave, as well as measures to promote women’s participation in politics.

She also served on the Committee of Experts that drafted the Constitution of Kenya 2010, a document that reshaped the country’s governance framework following years of constitutional reform debates.

Her contributions to law and governance have earned her numerous honors, including the United Nations Person of the Year Award in Kenya and the International Commission of Jurists’ Jurist of the Year Award in 2006. She has also received presidential commendations such as the Elder of the Burning Spear (EBS) and the Chief of the Burning Spear (CBS).

Supporters say Ndung’u’s nomination reflects Kenya’s commitment to promoting experienced jurists to international institutions.

Some political observers, however, note that her potential departure from the Supreme Court could reshape the bench ahead of the country’s next general election cycle in 2027, particularly given the court’s decisive role in adjudicating presidential election disputes.

For now, attention shifts to New York, where ICC member states will determine whether Kenya’s nominee joins the ranks of judges tasked with delivering justice for some of the world’s gravest crimes.

Lydia Ogutu
About the Author

Lydia Ogutu

Sports journalist specialising in football, athletics and the business of sport in East Africa.

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