Judge Samuel Mbithi is eyeing the Eastern African zone seat on the African Court on Human and People's Rights.
Mbithi is competing with Judge Duncan Gaswaga from Uganda for the seat. The seat is currently being held by another Kenyan Judge Ben Kioko who will be completing his second term.
Mbithi and his Ugandan counterpart made the final cut due to their practical, judicial, or academic competence in human rights. They are required to be independent of political, diplomatic or administrative functions in their countries.
The African Union's Executive Council will elect one candidate from the zone who will join the West and Central Africa zones.
If elected Mbithi will serve alongside 10 other judges from the continent. He will be tasked with upholding the court's main agenda, protecting the human rights in the continent.
"The mission of the Court is to complement the protective mandate of the African Commission on Human and Peoples’ Rights by strengthening the human rights protection system in Africa and ensuring respect for and compliance with the African Charter, as well as other international human rights instruments, through judicial decisions," reads part of the court's website.
The court was established in 1998 and the first judges were appointed in 2006. It receives complaints from across the continent.
Currently, Lady Justice Iman Daud Aboud from Tanzania is the President of the Court, Justice Sacko Modibo from Mali is the Vice President, other judges are from Kenya, Tunisia, Cameroon, Malawi, Algeria, Nigeria, Congo, South Africa and Ghana.
All the judges meet up at least four times a year and the sessions last up to four weeks. During this time, they deliberate on the different complaints filed.
Some of these sessions are held in March, June, September and December.
Over the years, the court has handled several cases including some from Kenya. In June 2022, the court ruled on a case between the African Commission on Human and Peoples' Rights and Kenya.
The African Court ordered Kenya to establish a community development fund for the Ogiek which should be a repository of all the funds ordered as reparations in this case.
"The Respondent State was thus ordered to take the necessary administrative, legislative and any other measures to establish this Fund within twelve (12) months of the notification of this judgment," read part of the ruling.
The court's permanent seat is in Arusha, Tanzania.
