Kenya’s judicial landscape could undergo a significant shift following the nomination of Njoki Ndung’u for election to the International Criminal Court (ICC) in The Hague. If elected in December 2026, Justice Ndung’u would leave her position at the Supreme Court of Kenya, potentially triggering major changes within the country’s highest court just months before the 2027 Kenyan General Election.
Justice Ndung’u is widely recognized for her extensive legal career spanning more than three decades. Before joining the Supreme Court bench, she served as a Member of Parliament where she played a crucial role in championing the Sexual Offences Act, a landmark law aimed at strengthening legal protection against sexual violence in Kenya.
Her work in advancing legal reforms and advocating for justice has earned her national and international recognition.If she secures the ICC position, her exit from the Supreme Court would come at a time when the court is already facing transitions.
The passing of Mohammed Ibrahim in 2025 left a vacancy on the bench, and Philomena Mwilu is expected to retire in 2027. Together, these developments could result in the appointment of three new judges to the seven-member Supreme Court bench. Such changes could significantly influence the composition and dynamics of the court, particularly in relation to presidential election petitions.
Since the 2013 Kenyan General Election, the Supreme Court has played a decisive role in resolving presidential election disputes, making it one of the most important institutions in Kenya’s electoral process. With the 2027 General Election approaching, a reshaped Supreme Court bench could potentially determine how future electoral disputes are handled.
The possible appointment of new judges may introduce different judicial perspectives, making the court’s future decisions a subject of growing public and political interest. Justice Ndung’u’s candidacy for the ICC therefore represents not only a personal milestone in her distinguished career but also a development that could reshape Kenya’s judiciary at a critical political moment. As the December 2026 election approaches, attention will remain focused on whether she secures the international role and what it could mean for the country’s highest court.
