Court of Appeal Judge Joseph Kipchumba Katwa Kigen defended his impartiality after questions were raised over his past role as legal counsel to President William Ruto, as he appeared before the Judicial Service Commission (JSC) for interview for appointment to the Supreme Court.
Kigen acknowledged that he had previously represented the President but insisted that this should not be interpreted as a basis for bias, saying he would discharge his judicial duties fairly and strictly in accordance with the law.
“Yes, I have represented him, but I intend to be as objective and neutral in the discharge of my functions as a judge,” he said.
He told the panel that while he understood public concerns about perceived conflicts of interest, he believed such concerns were not fair when applied selectively.
“I can understand the concerns, but I must say I will be fair and deal only with facts and the law,” he said.
Kigen further argued that many judges in Kenya previously served as advocates and represented various clients before joining the bench.
“About 50 percent of judges were once advocates. To single me out because of one client would be discriminatory,” he said.
He urged the commission to evaluate him based on integrity and professional record, adding that judicial safeguards such as recusal exist where necessary.
“If there is a justified concern, there are mechanisms such as recusal. But that should be the last option,” he said.
However, the panel pressed him on whether recusal in a potential presidential election petition involving his former client could affect the court’s ability to function, given the Supreme Court’s limited number of judges.
Kigen maintained that the Supreme Court handles a wide range of matters beyond election disputes and reiterated that recusal would only apply in specific circumstances.
He also insisted that his professional relationship with the President had never compromised his independence.
“My relationship with His Excellency has never taken away my objectivity,” he said.
Kigen told the panel that he considers himself well qualified for the Supreme Court, citing 30 years of legal experience across tribunals, commissions, magistrates’ courts, appellate courts, and international forums.
He said his exposure to both common law and civil law systems, including work involving the International Criminal Court (ICC), had strengthened his legal competence.
“I have represented all categories of people in all legal forums. That experience makes me very qualified for this position,” he said.
Kigen also noted that he is comfortable with his current role at the Court of Appeal, where he was recently appointed, but said his application was based on eligibility rather than promotion.
“I am not here for promotion. I am here for evaluation of my competence for appointment to the Supreme Court,” he said.
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