Kenya has nominated Njoki Ndung’u, a judge of the Supreme Court of Kenya, for election to the bench of the International Criminal Court, in a move seen as a significant milestone for the country’s judiciary.
If elected, Justice Ndung’u would become the second Kenyan to serve as a judge at the ICC, following Joyce Aluoch, who served at the court in The Hague from 2009 to 2018.
Global Candidates for the ICC Bench
According to the ICC nominations list, Justice Ndung’u is among seven candidates from different regions of the world seeking election to the court.
The other nominees include:
Evelyn Ankumah (Ghana)
Guénaël Mettraux (Switzerland)
Rosette Muzigo-Morrison (Uganda)
Deo John Nangela (Tanzania)
Diana Carolina Olarte Bacares (Colombia)
Yoshimitsu Yamauchi (Japan)
The election is scheduled to take place in December in New York during the 25th Assembly of States Parties to the ICC.
Qualification Under ICC Rules
Under ICC rules, candidates are nominated under two professional categories:
List A – Judges with expertise in criminal law and criminal procedure
List B – Experts in international law
Justice Ndung’u has been nominated under List A, which recognizes judges with extensive experience in criminal law.
Her nomination statement on the ICC website notes that she possesses the necessary qualifications and experience in criminal proceedings, having served as a judge, legal advocate, and prosecutor.
Distinguished Legal Career
Throughout her career, Justice Ndung’u has been involved in landmark judicial decisions that have shaped Kenya’s legal and policy landscape.
Her judicial philosophy has often emphasized a victim-centred and constitutionally grounded criminal justice system, contributing to the development of modern legal frameworks in Kenya.
Before joining the bench, she served as a State Counsel in the Office of the Attorney General, where she advised on and prosecuted serious criminal cases, including capital offences.
Legislative and Constitutional Contributions
Justice Ndung’u has also had a significant career in public service beyond the judiciary.
In 2003, she served as a nominated Member of Parliament in Kenya for four years. During her time in Parliament, she introduced and championed several key legislative initiatives, including:
The Sexual Offences Act of 2006, a landmark law strengthening protections against sexual violence
A motion on maternity benefits for working women
Amendments to improve maternity and paternity rights in employment
Proposed reforms to the Refugee Bill
She also served as a member of the Pan-African Parliament between 2004 and 2007.
Role in Kenya’s Constitutional Reform
In 2009, Justice Ndung’u was appointed to the Committee of Experts on Constitutional Review, which was tasked with redesigning Kenya’s constitutional framework.
The committee played a key role in developing reforms that strengthened democratic governance and aligned Kenya’s legal framework with international standards, including the Rome Statute of the International Criminal Court.
Appointment to the Supreme Court
Justice Ndung’u joined the Supreme Court of Kenya in 2011, where she has served as one of the country’s top judicial authorities. The Supreme Court is the highest appellate court in Kenya, with final jurisdiction over constitutional, civil, and criminal matters.
Her nomination to the ICC is widely viewed as recognition of Kenya’s growing influence in international justice and legal governance.
