Supreme Court interview: Katwa Kigen addresses concerns over past ties to President Ruto

Appearing before the Judicial Service Commission, Justice Katwa assured commissioners that he would remain neutral and strictly adhere to the law in the event of a presidential election petition being filed before the apex court.

The judge, whose decision to apply for the position just three months after his appointment to the Court of Appeal has sparked questions, maintained that he is well qualified for the role, pointing to his extensive experience in both national and international legal practice.

“The challenge I have is what questions to ask you because we recently interviewed you successfully for the judge of Court of Appeal and you have hardly been there for three months… Under normal HR practice, at least one stays in a job for six months to be evaluated for promotion,” Chief Justice Martha Koome posed.

As if that was not enough, Justice Katwa Kigen was also pressed to clarify his relationship with President William Ruto, amid concerns over potential conflicts of interest should matters involving the Head of State or his office ever come before him in court.

Fatuma Sichale, Court of Appeal representative in the JSC, added: “There are concerns that you’ve been a lawyer of President William Ruto, who is likely to be a candidate in the election in 2027. The fear they have is that if you’re successful and there is a petition challenging the presidential election in 2027, you’re likely not to be impartial.”

“It is true I have represented him. May I say that I intend to be as objective and neutral in my discharge of my functions as a judge. For me to be told that I have a disadvantage because I represented a particular individual would be bordering on discrimination,” Kigen responded.

While defending his extensive track record in handling legal matters both locally and before international courts, including the International Criminal Court, Justice Katwa Kigen presented himself as a strong contender for the vacant Supreme Court seat left following the passing of the late Justice Mohamed Ibrahim in December.

Justice Joseph Sergon, the presiding judge at the High Court in Nakuru, also faced the panel. Justice Sergon, who faced questions related to his previous rulings and challenges in timely delivery of justice, said his 32 years of experience in the legal field gives him an upper hand to join the superior court.

Former IPOA chairperson Anne Makori also had her moment on the hot seat, where questions on her tenure at IPOA came up.

On Wednesday, Court of Appeal judges Justice Francis Tuiyott and Justice Warsame Mohamed are expected to appear before the panel led by Chief Justice Martha Koome. The JSC is expected to release the outcome of the interviews within seven days after the completion of the exercise, bringing clarity on who will ultimately fill the vacant position at the apex court.