Bad News for Ruto as Pressure Mounts on His Latest Nominee to Reject the Appointment

Debate has intensified across Kenya after William Ruto nominated Supreme Court Judge Njoki Ndung'u as the country’s candidate for election to the bench of the International Criminal Court (ICC) in December 2026.

The nomination, announced recently by the government, has drawn mixed reactions from legal experts, politicians, and members of the public. 

While some view it as a recognition of Ndung’u’s long career in law and public service, others worry that her possible departure from the Supreme Court of Kenya could create further gaps in the country’s highest court.

The concerns come at a sensitive time for the Supreme Court. The court is already dealing with the loss of Justice Mohamed Ibrahim, whose death created a vacancy on the bench. 

At the same time, Deputy Chief Justice Philomena Mwilu is expected to retire in April 2027 after reaching the constitutional retirement age.

If Ndung’u were to win the ICC position and leave the Supreme Court, critics argue that the court could face three significant vacancies within a relatively short period. 

Legal observers warn that such a scenario could slow down the handling of crucial constitutional cases and potentially affect the court’s quorum.

Supporters of the nomination, however, say Kenya should not shy away from presenting qualified candidates to international institutions. 

They argue that Ndung’u’s experience as a former legislator, constitutional lawyer, and Supreme Court judge makes her well suited for the role at The Hague. To them, having a Kenyan judge at the ICC would boost the country’s global legal standing.

The nomination has also sparked wider public debate online, with Kenyans questioning whether the judge should accept the international role or remain in the local judiciary during a period of transition.