Kenya steps up global push for Njoki, Okowa top courts races

Kenya steps up global push for Njoki, Okowa top courts races

Justice Njoki Ndung'u is seeking to serve as a judge at the ICC while Justice Phoebe Okowa is eyes a full term at the ICJ.

Nairobi's parallel push to secure the election of Justices Njoki Ndung'u and Phoebe Okowa to two international courts based in The Hague, Netherlands, has gained momentum, with the latter receiving the backing of 26 countries.

Justice Njoki Ndung'u is seeking to serve as a judge at the International Criminal Court (ICC), while Justice Phoebe Okowa is seeking a full term at the International Court of Justice (ICJ).

The Nation has learnt that recently, Justice Okowa received international backing, with 26 countries endorsing her candidature ahead of the November 2026 vote.

Kenya officially launched Justice Okowa's campaign in January 2026, seeking to secure a nine-year mandate for her to serve at the world's highest judicial body.

The milestone was announced after the UN Secretary-General published the official list of candidates nominated for election to the world's highest judicial body for the 2027–2036 term.

Foreign Affairs Principal Secretary Korir Sing’Oei said the international backing demonstrates growing confidence in Justice Okowa's qualifications and Kenya's contribution to international law.

"I express Kenya’s sincere appreciation to all National Groups that have co-nominated Judge Phoebe Okowa to the ICJ for the 2027–2036 term, the highest number of co-nominations garnered by an African ICJ candidate so far," said Mr Sing’Oei.

Mr Sing’Oei said Kenya remains grateful to all member states that supported the candidature throughout the nomination process.

"We remain grateful to all member states and the entire international community for their cross-regional support and confidence placed in the candidature of Justice Okowa throughout the process ahead of the November 2026 ICJ elections," he added.

The countries whose National Groups have so far co-nominated Justice Okowa are the Bahamas, Brazil, Burkina Faso, Colombia, Denmark, Djibouti, Ecuador, Finland, France, Georgia, Greece, Guatemala, Hungary, Kenya, Latvia, Malta, Mauritius, Namibia, the Netherlands, Norway, Senegal, Singapore, Slovakia, Slovenia, Spain and Sweden.

The endorsements cut across Africa, Europe, Latin America and the Caribbean, giving Kenya’s campaign wider international support as voting approaches at the United Nations General Assembly (Unga) and the United Nations Security Council (UNSC).

Judges of the ICJ are elected by both the UN General Assembly and the UNSC, with candidates required to secure an absolute majority in both bodies to win a seat.

The elections for the 2027–2036 term are scheduled for November 2026 at the United Nations headquarters in New York, United States.

Justice Okowa is seeking a full nine-year mandate after joining the ICJ in November 2025 to serve the remainder of the term following the resignation of Somali judge Abdulqawi Yusuf.

On November 12, 2025, Unga and UNSC elected Kenya’s Justice Okowa to the ICJ to replace Judge Abdulqawi A. Yusuf.

Judge Yusuf, who was also the president of the court, resigned effective September 30, 2025.

Justice Okowa, the first Kenyan to be elected to the ICJ, is serving the remainder of his term, which is due to expire on February 5, 2027.

In January 2026, Kenya formally launched Justice Okowa’s candidature for election to a full nine-year term for the 2027–2036 period, with the elections scheduled during the 81st Session of the Unga and the Security Council in November 2026.

At the launch of her campaign, Kenya said her candidature represented the country’s commitment to international law, multilateralism and global justice.

The Foreign Affairs Ministry said Justice Okowa’s election to the court demonstrated international confidence in her independence, legal expertise and long-standing career in public international law.

Justice Okowa is a professor of Public International Law at Queen Mary University of London and previously served as a member of the International Law Commission (ILC).

An internationally renowned legal scholar and expert in public international law, she became the first African woman elected to the commission before later chairing its Drafting Committee.

She has had a career spanning more than three decades, during which she has advised governments, represented states before international tribunals and appeared in cases before the ICJ.

The ICJ, based in The Hague, Netherlands, is the principal judicial organ of the United Nations.

It settles legal disputes between states and gives advisory opinions on legal questions referred to it by authorised UN organs and specialised agencies.

Meanwhile, Kenya has also stepped up campaigns to secure the election of Justice Njoki Ndung'u as a judge of the ICC.

Leading the drive is a team bringing together officials from the Ministry of Foreign and Diaspora Affairs and Kenyan diplomatic missions abroad in what has been described as a "whole-of-government" approach to position the country strongly ahead of the December 2026 elections at the ICC Assembly of States Parties.

The election of six new ICC judges will take place during the 25th session of the Assembly of States Parties (ASP), to be held at the United Nations headquarters in New York from December 7 to 17, 2026.

The Nation established that officials from Kenya's diplomatic missions abroad are coordinating global messaging and lobbying across multiple continents.

For instance, Justice Ndung'u recently travelled to New York, where a team led by Ambassador Ekitela Lokaale, Kenya’s Permanent Representative to the United Nations, has been leading the lobbying.

"My colleagues at the UN Mission and I were privileged and proud to accompany Justice Njoki Ndung'u earlier this week as she courageously offered her candidature to serve the cause of justice as a judge of the ICC," Ambassador Lokaale said.

He added: "Justice Njoki Ndung'u is one of Kenya's foremost jurists, with a career spanning more than three decades. We are lobbying, and we will ensure she sails through in the race."

However, Foreign Affairs Principal Secretary Korir Sing’oei did not disclose the structure of the campaign machinery or the amount of money the government has committed to the lobbying effort.

A senior official in the Ministry of Foreign Affairs, who spoke in confidence as he is not allowed to comment publicly, also revealed that Kenya has deployed a multi-agency diplomatic offensive aimed at securing Justice Njoki's victory in the December elections.

"We already have a machinery running her campaign and lobbying. We have mobilised foreign missions, where ambassadors, including those to the Netherlands and the UN, are leading the lobbying. Last week she flew to New York as the lobbying intensified. We intend to convince most of the states that vote to select the judges through a secret ballot," the official said.

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In the race, 14 candidates have been nominated to replace six judges who are set to retire in March 2027.

They include Kenya’s Supreme Court Justice Njoki Ndung’u, Rosette Muzigo-Morrison (Uganda), Deo John Angela (Tanzania), Evelyn Ankumah (Ghana), Abdoulaye Seye (Senegal), Justice Veronic Wright (The Gambia), Justice Tujilane Chizumila (Malawi), and Ezéchiel Amani Cirimwami of the Democratic Republic of Congo.

The other nominees are Mette Knudsen (Denmark), Lev Kyshakevych (Ukraine), Guénaël Mettraux (Switzerland), Yoshimitsu Yamauchi (Japan), Diana Carolina Olarte Bácares (Colombia) and Ana Peyró Llopis (Spain).

The candidates hope to replace Tomoko Akane (Japan), the current president of the court; Rosario Salvatore Aitala (Italy); Reine Alapini-Gansou (Benin); Luz del Carmen Ibanez Carranza (Peru), also the First Vice-President of the ICC; Solomy Balungi Bossa (Uganda); and Kimberly Prost (Canada).

The six outgoing judges have served since March 2018, and their non-renewable nine-year terms will end in March 2027.

Interestingly, women dominate the list of African candidates seeking to fill the six vacancies on the ICC bench for the 2027–2036 term.

Five of the eight African countries that have entered the race have nominated women for the election.

However, amid the lobbying, the Nation has learnt that the ICC race is shaping up to be highly competitive and structurally challenging for Justice Njoki Ndung'u.

"Justice Njoki Ndung'u faces a tough race that is shaping up to be one of the most closely contested ICC judicial elections in recent years. Kenya is facing strict hurdles on regional balance, legal expertise and representation, effectively narrowing the path for its candidate," said lawyer Steve Kabita.

Eight candidates have been nominated from Africa, making it one of the most competitive regional contests.

While Africa is guaranteed at least one seat, the reality is more complex.

Two African judges are retiring, and although there is a strong expectation that both will be replaced by candidates from the continent, this is not a bind ing rule. This creates room for two African winners but also intensifies competition within the region.

The picture is further complicated by nominations from Uganda and Tanzania, which could divide East African diplomatic support instead of consolidating it behind a single candidate.

"Both Uganda and Tanzania have candidates for the ICC judgeship. This may divide regional support. The three countries should have agreed to field one candidate. Three candidates will definitely divide regional support," Mr Kabita warned.

Nairobi's parallel push for Justice Okowa's election to a full ICJ term could also dilute its lobbying strength in a year when two international judicial positions are up for grabs.

Senior Counsel Ahmednasir Abdullahi questioned whether Kenya has overreached by simultaneously backing Justice Ndung’u for the ICC and Justice Okowa for the ICJ.

"Kenya knows it doesn’t have the leverage or political gravitas on the international plane to have two judges in the ICJ and ICC," he warned.

However, Prof Masibo Lumala, a professor of Strategic Communication and Gender Equality Champion, believes Justice Ndung'u has a better chance than the other African candidates.

"Justice Njoki Ndung'u has a better chance than all the other candidates from the continent. She possesses the professional qualifications expected of ICC judges, including judicial independence, senior court experience and expertise in international human rights-related issues. But proper diplomatic lobbying, geopolitical alignments and reciprocal state support will play a major role in the race," he said.

University of Nairobi professor XN Iraki also believes Justice Ndung'u has a chance.

"Justice Njoki Ndung'u stands a better chance. All Kenya needs to do is intensify diplomatic lobbying to secure support from the Assembly of States Parties," he said.

Another factor likely to split African candidates is the linguistic divide between Anglophone and Francophone Africa.

Candidates from French-speaking countries, notably Senegal and the DRC, are expected to compete for one slot.

Meanwhile, six candidates from English-speaking countries, including Justice Ndung'u, will compete against candidates from Tanzania and Uganda, potentially splitting the East African bloc vote.

The two East African candidates are Rosette Muzigo (Uganda), who worked at the Office of the Prosecutor at the ICC, and Court of Appeal judge Deo John Angela (Tanzania).

These dynamics significantly affect Kenya's chances, placing Justice Ndung'u in a crowded field where only one candidate is likely to emerge.

Delegates at the Assembly of States Parties will elect judges from the five regional groups to fill the six vacancies on the 18-member bench for nine-year terms beginning in March 2027.

Justice Ndung'u has already received strong endorsements from Kenya's top leadership.

Two months ago, President William Ruto launched her candidature, describing her as not only an accomplished jurist but also a representative of a generation of Kenyan constitutional reformers.

He highlighted Justice Ndung'u's 15 years of distinguished service at the apex court and her lifelong contribution to constitutionalism, gender justice and the protection of vulnerable groups.

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Discussions at meetings focus on identifying priority countries.