By Andrew Kariuki

Court of Appeal Judge Hon. Katwa Kigen has defended his past legal work for President William Ruto, urging the Judicial Service Commission not to disqualify him from consideration for appointment as a Supreme Court judge.

Appearing before the commission on Tuesday, Kigen faced questions over whether his previous professional relationship with the President could affect his impartiality, particularly in the event of a presidential election petition following the 2027 polls.

Commissioner Fatuma Sichale raised concerns reflecting public sentiment.

“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,” she said.

She added that there were fears that such a background could compromise neutrality in handling politically sensitive cases.

In response, Kigen acknowledged having represented the President in the past but maintained that this should not be a basis for exclusion.

He insisted that his candidature should be evaluated on merit, qualifications, and experience.

“So, for me to be told that you have a disadvantage because you represented a particular individual would be a borderline case of discrimination,” he said.

Kigen further argued that concerns about potential bias could be addressed through recusal where necessary, noting that judges routinely step aside in matters where conflicts may arise.

He also pointed out that the Supreme Court handles a wide range of cases beyond presidential election petitions and that such matters are not always determined by a full bench.

The interview forms part of the ongoing process by the Judicial Service Commission to recruit judges to the Supreme Court, Kenya’s highest court.