Kenya's diplomatic efforts will be put to the test on November 3 as the UN General Assembly and Security Council vote on the re-election of Judge Phoebe Okowa to the International Court of Justice (ICJ). Okowa, who has been serving the remainder of the term of Somali judge Abdulqawi Ahmed Yusuf, is seeking a full nine-year term. Her re-election is seen as crucial for Kenya's defense of a rules-based international order.
The ICJ, a unique tribunal created by the UN to hear suits between states, has 15 members, and five judges are to be elected on November 3. Okowa's seat is seen as representing the African Group, which has produced two candidates: Okowa and Charles Chernor Jalloh of Sierra Leone. Last time, Okowa defeated Jalloh after the vote went into four rounds. A divided African vote could make it harder for an African nominee to secure the required majorities in New York.
To be elected to the ICJ, a candidate must obtain an absolute majority in both the UN General Assembly and the UN Security Council. Unlike elections for the UN Secretary-General, ICJ judges are not subject to a Security Council veto. Kenya's Principal Secretary for Foreign Affairs, Korir Sing'oei, has urged UN members to reflect on the kind of Court the international community needs and the qualities required of those entrusted with interpreting and applying international law.
Kenya says it is defending multilateralism, international cooperation, and respect for international law, which have been at the center of its foreign policy. The country has used its consistent participation in regional peace and security efforts and its role in the United Nations and African Union to defend a rules-based international order. Okowa's presence on the ICJ bench reflects decades of service to international law as a scholar, practitioner, and adviser to states.
Okowa is a distinguished Kenyan international lawyer and jurist with a career spanning academia, legal practice, and global judicial service. She previously made history as the first African woman to serve on the International Law Commission, where she played a key role in developing and codifying international legal norms. Her work has been consulted by governments, international organizations, and legal practitioners across the globe.
Kenya is also pushing for another judge to join the International Criminal Court (ICC). Justice Njoki Ndung'u is seeking election to the ICC for the 2027-2036 term. Kenya's parallel candidacies reflect its sustained investment in international judicial service and its ambition to contribute to institutions that interpret, apply, and develop international law.
The ICC, which addresses individual criminal responsibility for international crimes, has faced scrutiny and sanctions from the US and criticism in Africa. Kenya has rejected calls for the ICC to investigate the country's political goonism crisis, saying local authorities can handle the problem. Despite this, Kenya sees the ICC as having an important role to play in international justice.
Key points
- Okowa's re-election is crucial for Kenya's defense of a rules-based international order.
- The ICJ election has 10 candidates seeking to fill seats held by Kenya, France, India, Brazil, and Jordan.
- Kenya is also pushing for Justice Njoki Ndung'u to join the International Criminal Court.
