Court of Appeal Judge Katwa Kigen has pleaded with the Judicial Service Commission (JSC) not to disqualify him from consideration for a position as a Supreme Court judge over concerns related to his previous role as a lawyer for President William Ruto.
The concerns were raised during his interview on Tuesday, April 28, following objections echoed by some members of the public who questioned whether his past professional relationship with the President could affect his impartiality in the event of politically sensitive cases, including 2027 election petitions.
“Kenyans are expressing their misgivings about your candidature. Firstly, they are concerned over the fact that you have been a lawyer for His Excellency President William Ruto, who is likely to be a candidate in the elections of 2027,” JSC interview panel member Fatuma Sichale said.
“The fear that these Kenyans have is that in the event that you are successful and you join the six judges in the Supreme Court, and then thereafter there is a petition challenging the presidential elections for the year 2027, their fear is that you are likely not to be impartial.”
Also Read: Katwa Kigen Among 5 Candidates Shortlisted for Supreme Court Job
Katwa Kigen Appeals to JSC Not to Disqualify Him Over Past Role as Ruto’s Lawyer
In response, Kigen acknowledged that he had previously represented President Ruto but maintained that this should not be used as a basis to disadvantage him.
He noted that he should be judged on his qualifications to serve on the Supreme Court, not on his past professional engagements.
Kigen also defended his position on the matter, arguing that treating his candidature differently on the basis of a past client would amount to unfair discrimination.
He further noted that a significant number of judges in the Judiciary had previously worked as advocates before their appointment to the bench, arguing that professional legal representation should not automatically be treated as a conflict of interest.
“So, for me to be told that you have a disadvantage because you represented a particular individual would be a borderline case of discrimination, because I would be treated differently just because of the type of client I represented, when in fact every other person who has attained the status of a judge, who was an advocate, is not being subjected to the same disadvantage,” he said.
“And so, commissioners, with a lot of humility, I would pray that first of all, you look at me for what I stand for — integrity, fairness, and justice — and that I will apply the law fairly and objectively. But secondly, to distinguish me just because of one client, a criterion that has not been applied to other candidates who applied to be judges, would probably not be quite fair.”
Kigen Defends Candidature, Cites Recusal as Safeguard Against Bias Concerns
He assured the panel that he would discharge his duties with fairness, objectivity, and strict adherence to the law if appointed.
“May I say that I intend to be as objective and neutral in the discharge of my functions as a judge. And so the fear is, well, I can’t say it is ill-informed, I can understand the concerns, but I just want to give the assurance that I would be fair and I would only deal with facts and the law,” he said.
Also Read: JSC Announces 101 Job Vacancies with Salary of Up to Ksh 344,688 Per Month
Katwa Kigen further noted that any concerns about potential bias could be addressed through established legal mechanisms such as recusal.
He pointed out that Supreme Court matters are not limited to presidential election petitions and include a wide range of constitutional and appellate cases.
He added that in previous instances, presidential petitions have been handled even without the full bench of seven judges.
