Court of Appeal Judge Katwa Kigen assured the Judicial Service Commission (JSC) on Tuesday that his previous legal ties to President William Ruto would not compromise his judicial independence. Kigen, a veteran legal mind, appeared before the commission as it kicked off interviews to fill a critical vacancy at the Supreme Court. This seat became available following the passing of Justice Mohamed Ibrahim in December 2025.
During the interview session on April 28, 2026, JSC Commissioner Fatuma Sichale addressed specific public concerns regarding Kigen’s professional history. The inquiry highlighted Kigen’s prominent role on the president’s legal teams, most notably during his defense at the International Criminal Court (ICC) and his representation in the 2022 presidential election petition. With Ruto widely expected to run for re-election in 2027, the commission scrutinized the potential for a conflict of interest.
The heart of the discussion focused on whether Kigen could maintain strict impartiality if he were to sit on a Supreme Court bench deciding a presidential election petition involving his former client. Commissioners questioned how Kigen would navigate the high-stakes environment of the 2027 polls, ensuring that his past professional loyalty does not shadow his commitment to the law and the constitution.
During his interview, Justice Katwa Kigen acknowledged his past legal representation of President Ruto but firmly argued that a single former client should not define his eligibility for the apex court. He pushed back against the idea that his professional history as an advocate would color his decisions as a jurist, promising a tenure defined by impartiality.
“I have indeed represented him,” Kigen told the commission. “I intend to be as objective and neutral in the discharge of my functions as a judge. I will only deal with facts and the law.”
Kigen addressed the public’s skepticism directly, noting that he understood the origin of the concerns while insisting that his long-standing judicial record and personal conduct speak louder than his past briefs. He reminded the panel that many sitting judges transitioned from private practice, where they naturally represented a diverse array of clients before taking their oath on the Bench.
He cautioned the commission against applying a different standard to his candidacy, suggesting that isolation based on his high-profile former client contradicts the established vetting process for other judges.
“To distinguish me just because of one client would probably not be quite fair,” he argued.
Justice Kigen called on the commissioners to evaluate his candidacy based on his core values of integrity, fairness, and justice, rather than focusing on a single previous legal brief. He argued that his commitment to the bench transcends his past work in private practice, urging the panel to look at his broader judicial philosophy.
To address potential conflicts of interest, Kigen highlighted the existing legal safeguards designed to protect the court’s reputation. He noted that if a specific case ever created a genuine perception of bias, the legal system provides clear mechanisms for resolution.
“There are provisions of how that can be handled, including recusal,” he explained, suggesting that he would step aside from any matter where his impartiality might be reasonably questioned.
Furthermore, Kigen reminded the commission that the Supreme Court’s mandate extends far beyond high-stakes political contests. He pointed out that the court manages a diverse workload of constitutional and appellate disputes that impact every facet of Kenyan life.
“I am aware that some presidential petitions have been done with fewer than the totality of seven judges,” Kigen noted, underscoring that the court remains functional even when a judge sits out a specific case.
“The Supreme Court workload is not limited only to presidential petitions,” he added.
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