By Brian Kiprono - Reporter
Kenya, 28 April 2026 - Court of Appeal Judge Katwa Kigen has told the Judicial Service Commission (JSC) that his past legal work for President William Ruto should not be used to question his independence as he seeks elevation to the Supreme Court.
Appearing before the commission during ongoing interviews, Kigen addressed concerns raised about his role in Ruto’s legal team in previous cases, including at the International Criminal Court and during the 2022 presidential petition.
While acknowledging the professional relationship, he maintained it would not influence his decisions on the bench.
“It is true I have represented him… I intend to be objective and neutral in my discharge of duties as a judge,” Kigen said.
“I will be fair and guided strictly by facts and the law.”
The concerns, some of which were formally presented to the commission, centred on whether he could remain impartial in the event of a future presidential election dispute. Kigen said such fears were understandable but should not be grounds for disqualification.
He argued that many judges have previously represented clients before joining the judiciary and have gone on to serve independently.
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“To suggest that I am at a disadvantage because I represented a particular client would border on discrimination,” he said.
Kigen also pointed to legal safeguards such as recusal, noting they exist to handle any potential conflict of interest. He added that the Supreme Court’s work extends far beyond election petitions, cautioning against reducing its role to a single type of case.
The interviews come as the JSC seeks to fill a vacancy at the apex court following the death of Justice Mohamed Ibrahim. Kigen urged the panel to assess him based on integrity and commitment to justice, insisting his record reflects independence.
“Where a conflict of interest arises, there are provisions such as recusal,” he said, adding that the law already provides mechanisms to ensure fairness in all proceedings.