In remarks shared on his Facebook account, Thuku warned Kenyans against what he described as “the train of ignorance,” urging the public to stick to facts rather than speculation.
According to Thuku, Katwa Kigen followed the law and existing procedures at every stage of his career progression.
He explained that Katwa initially applied for the position of Court of Appeal judge when the vacancy was rejected.
Katwa was shortlisted, interviewed, and on January 22, the Judicial Service Commission forwarded the names of successful nominees to the President for appointment.
Those names were gazetted on January 27. Coincidentally, the same day, the JSC advertised one vacancy for a Supreme Court judge following the death of a sitting judge.
Thuku emphasized that at the time the Supreme Court position was advertised, Katwa Kigen had not yet been sworn in as a Court of Appeal judge.
Therefore, he was fully eligible to apply for the Supreme Court role.
The swearing-in ceremony for Katwa and other Court of Appeal judges took place a day later, on January 28.
Thuku stressed that the Supreme Court vacancy attracted only six applicants, dismissing claims of any backroom maneuvering.
“Katwa was only applying for positions as advertised,” Thuku stated, adding that any qualified Kenyan has the right to apply for any vacancy that arises, regardless of timing.
He further argued that even if someone has already been sworn into an office, they are not barred from applying for another role if the law allows it.
To drive his point home, Thuku drew a comparison with Kenya’s political system, noting that Cabinet ministers are routinely appointed from Members of Parliament without controversy.
Thuku said attempts to frame Katwa’s application as a calculated political move ahead of the 2027 elections are misleading and unfair.
He concluded by urging Kenyans to respect legal processes and avoid turning routine professional applications into conspiracy theories.
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