Prime and Foreign Affairs CS Musalia Mudavadi on Thursday announced the government has initiated a unified diplomatic endeavor to secure Justice Ndung’u a position at The Hague-based court in December.
Following a meeting with Chief Justice Martha Koome, Mudavadi stated that President William Ruto is spearheading this initiative.
“I reiterated that Justice Ndung’u’s candidacy enjoys the complete endorsement of the President and Cabinet, demonstrating Kenya’s trust in her exceptional judicial background and international perspective,” he explained.
The gathering also included prominent diplomatic and legal representatives, such as ambassadors stationed at key international posts.
These included Ambassadors Halima Mucheke (Netherlands), Galma Boru (Ethiopia) and Yabesh Monari (Deputy Permanent Representative, UN).
This move indicated a unified national strategy to enhance Kenya’s role in global judicial bodies.
However, as the government intensifies its campaign, the Law Society of Kenya has cautioned against this endeavor and recommended against presenting a nominee for the ICC election this year.
In a February 25 letter to Attorney General Dorcas Oduor, then LSK president Faith Odhiambo cautioned that supporting multiple candidates for international judicial positions during the same election cycle could undermine Kenya’s wider diplomatic approach.
LSK stated that Kenya’s ongoing effort to secure Prof Phoebe Okowa’s re-election to the International Court of Justice, where she serves after her 2025 election, might be jeopardized by an additional ICC bid.
The ICJ elections are set for November, just weeks before the ICC vote, creating concerns that Kenya may overextend its diplomatic resources.
“It would be unwise for Kenya to propose candidates for elections to two international courts within the same year,” Odhiambo warned, suggesting such action could endanger Okowa’s prospects despite her strong position.
The LSK further noted that Kenya had already made compromises and secured pledges from other nations during the campaign that led to Okowa’s initial victory, agreements that could now face strain if Nairobi redirects attention or appears to expand its ambitions.
Ndung’u will compete against Evelyn Ankumah (Ghana), Guénaël Mettraux (Switzerland), Rosette Muzigo-Morrison (Uganda), Deo John Nangela (Tanzania), Diana Carolina Olarte Bacares (Colombia) and Yoshimitsu Yamauchi (Japan).
Legal specialists indicate that the government’s decision to proceed regardless suggests a potentially misguided diplomatic risk.
“You cannot compel other nations to support your candidate,” an international law expert familiar with the process informed the Star on Thursday.
“Votes are negotiated and often exchanged. Kenya has already significantly committed to the ICJ race, which takes precedence. This ICC bid risks diluting its influence.”
The expert warned that this approach could resemble previous unsuccessful attempts by Kenya to secure prominent international positions, where strong local backing failed to generate global support.
He added that the ICC bid certainly complicates matters for Prof Okowa.
“However, I believe other nations will likely honor their previous commitments and ignore this ICC bid,” he stated.
In recent years, Kenya has experienced a series of notable setbacks on the international stage.
These include unsuccessful campaigns involving former Cabinet Secretaries and senior officials in organizations such as the African Union Commission, the World Trade Organization and the International Fund for Agricultural Development.
These failures have raised doubts about the nation’s capacity to effectively mobilize diplomatic backing in competitive global elections.
The recent appointment of former National Security Adviser to the President Monica Juma indicates some progress. She was appointed executive director of the UN Office on Drugs and Crime and director general of the UN Office at Vienna.
Nevertheless, it could also be counterproductive if Nairobi is perceived to have excessive interest in top global positions.