NAIROBI, Kenya — Kenya has formally nominated Njoki Susanna Ndung’u, a judge of the Supreme Court of Kenya, for election to the bench of the International Criminal Court (ICC), in a move that could see the country regain representation at the world’s top war crimes tribunal.
If elected, Justice Ndung’u would become the second Kenyan jurist to serve at the ICC in The Hague, following Joyce Aluoch, who served as an ICC judge between 2009 and 2018.
According to official nominations published by the ICC, Ndung’u is among seven candidates contesting for judicial positions at the court.
The other nominees include Evelyn Ankumah of Ghana, Guénaël Mettraux of Switzerland, Rosette Muzigo-Morrison of Uganda, Deo John Nangela of Tanzania, Diana Carolina Olarte Bacares of Colombia and Yoshimitsu Yamauchi of Japan.
The election is scheduled to take place in December in New York during the 25th session of the Assembly of States Parties to the Rome Statute, the governing body that oversees the ICC.
Criminal law expertise
Under ICC rules, judicial candidates are nominated under two categories: List A, which covers candidates with expertise in criminal law and criminal procedure, and List B, which focuses on specialists in international law such as humanitarian and human rights law.
Justice Ndung’u has been nominated under List A, reflecting her extensive experience in criminal justice.
“Judge Njoki Susanna Ndungu is the candidate of the Republic of Kenya for election of a Judge of the International Criminal Court,” read part of Ndung’u’s statement of qualification as published on the ICC website.
“She is nominated for inclusion in List A, relating to candidates with the qualifications in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate, or in other similar capacity, in criminal proceedings.”
Influential judicial career
Over the course of her career, Ndung’u has played a significant role in shaping Kenya’s legal landscape through key judicial decisions and legal reforms.
Before joining the Supreme Court, she served as State Counsel in the Office of the Attorney General of Kenya, where she prosecuted serious criminal offences, including capital cases.
Her work has contributed to the development of a more victim-centred criminal justice framework grounded in constitutional principles.
Beyond the judiciary, Ndung’u also has a notable legislative background. In 2003, she was appointed a nominated Member of Parliament in Kenya and later served in the Pan-African Parliament between 2004 and 2007.
Also Read: ICC chief prosecutor Karim Khan steps aside until probe into alleged misconduct ends
During her parliamentary tenure, she sponsored several key legislative initiatives, including the landmark Sexual Offences Act (Kenya), which strengthened legal protections against gender-based violence.
Role in constitutional reform
Ndung’u also served on the Committee of Experts on Constitutional Review in 2009, which helped draft the framework for the country’s modern constitutional order ahead of the promulgation of the Constitution of Kenya 2010.
She was later appointed to the Supreme Court in 2011, where she has participated in several landmark rulings, including cases involving electoral disputes, constitutional interpretation and criminal justice.
Her nomination comes at a time when African representation at the ICC remains a subject of significant diplomatic and legal debate, particularly given the court’s history of prosecuting cases involving African conflicts.
If successful in the December vote, Ndung’u would join the panel of judges responsible for trying individuals accused of genocide, crimes against humanity and war crimes under the Rome Statute, the treaty that established the court in 2002.
