Uganda, Tanzania candidates to battle with Njoki Ndung'u for ICC judge

Supreme Court judge Njoki Ndung’u will face two other candidates from Uganda and Tanzania in the hight-stakes race for the International Criminal Court judge.

This means rival candidates from Kenya, Uganda and Tanzania will split the East African vote, which risks weakening chances for Justice Ndung’u.

The candidates are Rosette Muzigo-Morrison (Uganda), who worked at the office of the Prosecutor at the ICC in The Hague and court of Appeal Judge Deo John Nangela (Tanzania).

Other candidates are Evelyn Ankumah (Ghana), Guénaël​ Mettraux (Switzerland), Diana Bacares (Colombia) and Yoshimitsu Yamauchi (Japan).

The presence of Ugandan and Tanzanian candidates complicates the equation for Kenya because in multilateral elections, regional blocs, such as the African Group and EAC, often play a decisive role. A divided East African vote could hand an advantage to candidates from other regions or better-coordinated African campaigns.

This also comes at a time Kenya’s aggressive pursuit of top international positions is under scrutiny, as Nairobi backs Justice Ndung’u for the ICC post.

The endorsement comes amid concerns that Nairobi is scrambling for whatever opportunity becomes available.

The Law Society of Kenya has warned that Justice Ndung’u’s bid risks not only a loss but could also undermine Kenya’s parallel campaign at the International Court of Justice for Prof Phoebe Okowa.

The ICC elections are scheduled for the 25th session of the Assembly of States Parties in New York from December 7 to 17.

Around the same time, Okowa will in November be seeking a full nine-year term at the ICJ for the 2027–36 period. She was elected to the ICJ bench in November 2025 to fill a casual vacancy on the court.

Observers argue that Kenya’s increasingly crowded and poorly sequenced approach to global lobbying and fielding multiple high-profile candidates simultaneously risks branding Kenya as greedy.

The race will come just months after the appointment of former National Security Adviser Monica Juma as Director-General of the UN Office at Vienna and Executive Director of the UN Office on Drugs and Crime.

However, Kenya’s track record at the global stage in recent years has been marked by losses.

Former Prime Minister Raila Odinga failed in his bid for the AU Commission chairmanship in February last year, while Amb Nancy Karigithu lost her campaign for International Maritime Organisation director general post.

Former Foreign Affairs CS Amina Mohamed lost her bids for both the AUC and the World Trade Organisation. Former Foreign Affairs CS Raychelle Omamo was unsuccessful in her bid for International Fund for Agricultural Development.

Even Juma herself failed to have her bid for Commonwealth Secretariat take off, despite endorsement by then President Uhuru Kenyatta. 

Dr Ogwell Ouma also lost his bid to head the Africa Centres for Disease Control and Prevention, with the AU instead selecting DRC’s Jean Kaseya to succeed John Nkengasong in 2023.

Taken together, these losses point to a pattern where Kenya is highly active in international contests but struggles to convert that visibility into wins.

Diplomatic observers argue that the problem is not a lack of qualified candidates, but rather a question of strategy and the perception.

Prof Macharia Munene, who teaches at USIU, told the Star that the joint bid is good for Kenya but dynamics at the international level might be different.

He said with Prof Okowa’s bid coming earlier, and already being an incumbent, might help her.

“But questions will be asked. Why now? And did Justice Ndung’u express interest herself or someone else is offering an incentive to create space for someone else? Judges retire at 70 and there might be thinking that it is a bit too far for her,” the don said.

This, he noted, risks creating a perception about the bid, with the thinking that a domestic issue is being exported to the global stage.

“If people who make decisions question the circumstances, it may not auger very well,” he said.

“How it is being presented might also be an issue. Mudavadi said he would do his best to help her secure the seat. But this is a judicial matter being projected politically.”  

International relations scholar Dr Adhere Cavince says states are free to exploit opportunities available at the international level, and probably that’s how Nairobi is looking at the ICC and the ICJ slots.

However, Dr Cavince argues that the same should be accompanied by the capacity to overcome the bottlenecks that may emerge in the campaign.

“Negotiations are about give and take. So, our foreign affairs must be convincing enough to convince other states why it deserves the positions,” he said.

An official at a multilateral body said there is a tendency for Kenya to pursue multiple high-level positions simultaneously without clearly prioritising where it has the strongest chance.

“That dilutes lobbying efforts and creates unnecessary competition,” the official said.

The Ndung’u bid appears to fit this pattern.

In a February 25 letter to Attorney General Dorcas Oduor, then LSK president Faith Odhiambo warned that sponsoring multiple candidates within the same election cycle could undermine Kenya’s chances.

She particularly said Kenya’s campaign to secure the re-election of Prof Okowa risks being compromised by an additional ICC bid.

“It would be imprudent for Kenya to nominate candidates for elections to two international courts in the same year,” Odhiambo cautioned.

She further noted that Kenya had already made concessions and secured commitments from other states during the campaign for Okowa, agreements that could now be strained if Nairobi doubles its ambitions.

By pushing Ndung’u’s candidacy while also backing Okowa for the ICJ, Nairobi could end up splitting its diplomatic focus.