Anxiety and confusion have erupted within legal and political circles following the release of the latest list of nominees for appointment as Judges of the Court of Appeal, after it emerged that a lawyer closely associated with President William Ruto is among those shortlisted.
On Thursday, January 22, the Judicial Service Commission (JSC) announced it had concluded its recruitment exercise and finalised the list of nominees, triggering mixed reactions across the country. The unease centres on the inclusion of Joseph Katwa Kigen, a senior counsel who previously represented President Ruto in high-profile legal battles, including during the International Criminal Court (ICC) process, and who currently serves as the Chairperson of the Independent Policing Oversight Authority (IPOA).
Kigen’s nomination has sparked intense debate, with critics questioning the optics of elevating a lawyer with such close ties to the Head of State to Kenya’s second-highest court, even as supporters insist the process was merit-based. The situation has left sections of the public torn between confidence in constitutional safeguards and fears of creeping executive influence within the judiciary.
Also shortlisted are several prominent jurists, including High Court Judge Chacha Mwita, whose name adds further weight to the competitive list. Other nominees include Lady Justice Hedwig Imbosa Ong’udi, Justice Mathews Nduma Nderi, Lady Justice Linnet Mumo Ndolo, Lady Justice Lucy Mwihaki Njuguna, Justice Munyao Sila, Justice Byram Ongaya, Justice Rachel Chepkoech Ngetich, and Justice Stephen Radido Okiyo, among others.
In a statement signed by Chief Justice Martha Koome, the JSC defended the process, stressing that it was conducted in strict compliance with the Judicial Service Act, 2011, and guided by constitutional principles of merit, integrity, inclusivity, and regional balance. The interviews were also broadcast live to enhance transparency.
If approved, the appointments will raise the number of Court of Appeal judges from 27 to 42. The list will now be forwarded to President Ruto for formal appointment under Article 166(1)(b) of the Constitution—an outcome that continues to fuel both anticipation and apprehension nationwide.