During the session, JSC commissioner Fatuma Sichale raised concerns submitted by members of the public regarding Kigen’s suitability for the role.
The concerns largely centred on his past professional relationship with President Ruto.
Kigen previously served as part of Ruto’s legal team in several high-profile cases, including proceedings at the International Criminal Court (ICC) and during the 2022 presidential election petition.
His involvement in these matters formed the basis of questions about whether he could remain impartial in future cases involving the Head of State.
Responding to the concerns, Kigen maintained that his judicial oath and professional integrity would guide his conduct if appointed to the Supreme Court.
He emphasised that judges are bound by the law and are expected to decide cases based solely on the evidence presented and applicable legal principles.
The issue gained particular attention in light of the possibility that President Ruto, who is widely expected to seek re-election in 2027, could be involved in a future presidential election petition that may reach the Supreme Court.
Commissioners sought to establish whether Kigen would be able to handle such a case without bias.
Kigen reiterated that his past role as an advocate should not be interpreted as a permanent alignment with any individual or political interest.
He noted that it is common for lawyers to represent clients in different matters and that such representation does not preclude them from later serving impartially on the bench.
The JSC interviews mark a critical step in the process of appointing a new Supreme Court judge, a role that carries significant responsibility in interpreting the Constitution and determining disputes of national importance, including presidential election petitions.
Public participation is a key component of the vetting process, with members of the public invited to submit memoranda on candidates.
The concerns raised during Kigen’s interview reflect the broader scrutiny faced by judicial nominees, particularly those with prior involvement in politically sensitive cases.