Kenya has formally launched its bid to secure a seat at the International Criminal Court (ICC), with Prime Cabinet Secretary Musalia Mudavadi urging Kenyans to back the country’s candidate, Justice Njoki Ndung’u.
Speaking during the unveiling of the country’s candidature, Mudavadi noted that the government, judiciary, and foreign missions were all on the same page regarding their candidate, thus making it a collective effort by the country.
“Thank you so much, Madam Chief Justice, I think it’s all clear. Justice Njoki Ndung’u is our candidate. Our candidate as Kenyans, as the government of Kenya, as the people of Kenya, for the position of ICC Judge 2026 to 2045,” he noted.
Mudavadi noted that there was no room for confusion regarding the country’s stance on the ICC candidature, urging all to work with speed to ensure Kenya takes up the slot.
“So the message here is that there is no other signal. That is the only signal that we are giving to indicate that it’s all systems go and we should not hold back on this issue,” Mudavadi noted.
Mudavadi underscored the need for collective national support, warning against internal divisions that could undermine Kenya’s chances on the global stage.
“We are now all aligned. The executive is aligned and led by the President. The judiciary is aligned on this one, led by the Chief Justice. And the Ministry of Foreign Affairs is aligned as the ministry that takes the lead in matters of this nature,” he said.
He revealed that a joint committee comprising members from the judiciary and the Ministry of Foreign Affairs would steer the campaign, ensuring a coordinated approach.
“Finally, it will be chaired by the Principal Secretary of Foreign Affairs. We simply say we have one team, and that is the Kenyan team,” he added.
Appealing directly to citizens, Mudavadi cautioned against politicizing the bid, urging patriotism instead.
“I want to appeal to the Kenyans that we should all be united, let us not shoot ourselves in the foot, let us, as Kenyans, express our commitment to patriotism by supporting the candidature without any reservations,” he said.
He further noted the limited timeline available to mount a successful campaign, emphasizing the need for urgency.
“Eight months is very short, so we need to do it and work as a united team,” he remarked.
In her acceptance remarks, Justice Ndung’u framed her candidature within Kenya’s historical and legal contributions to the ICC, noting that the country has previously shaped the court’s jurisprudence.
“I think, that the ICC is a place where Kenya was once represented in terms of judgeship, and it is a place we ought to have representation as judge again,” she said.
She pointed to Kenya’s role as a signatory to the Rome Statute and its experience as a litigant before the court as key factors informing her candidacy.
“Our history from lobbying for the Rome Statute, and even now, the Kenyan experience has really changed the jurisprudence of the ICC,” she explained.
Ndung’u highlighted how Kenyan cases influenced procedural shifts at the ICC, particularly in evidence handling and courtroom processes.
“Because of the Kenyan cases, the procedure in the ICC has changed a lot. How they look at evidence, how they look at witnesses,” she said.
The Supreme Court judge also emphasized Kenya’s post-2007 election reforms as a valuable model for international justice systems.
“As a country, we reflected, we developed four agendas, to investigate the election violence, to restructure and bring in constitutional reforms, and, make sure we never go back to the old one,” she stated.
She cited institutions such as the Truth, Justice and Reconciliation Commission (TJRC) and the National Cohesion and Integration Commission (NCIC) as examples of frameworks that promote reconciliation and prevent conflict.
“What are these institutions many countries do not have?” she posed, adding that Kenya has a responsibility to share such lessons globally.
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Ndung’u also highlighted her extensive background in human rights, conflict resolution, and international law.
She mentioned her previous work at the African Union and the United Nations High Commissioner for Refugees.
“Before I came to parliament, I was a political analyst in the Conflict Management Centre at the African Union,” Ndung’u stated.
Ndung’u also revealed her involvement in the creation of the Maputo Protocol, which is an important human rights instrument of the African Union.
“The first draft that was ever discussed formally in the AU, came from my computer,” she stated.
Ndung’u reiterated her commitment to the position by stating that she will represent Kenya with distinction.
“I want to assure you that I will be a candidate that you can serve, I am also hardworking, and I will ensure that Kenya is well represented in the International Criminal Court,” Ndung’u concluded.
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The hague in Netherlands. PHOTO/ ICC