Petition filed to remove Isaac Rutto from JSC

Judicial Service Commission (JSC) Vice Chairperson Isaac Rutto. [File, Standard]

A lawyer has petitioned the National Assembly to remove Judicial Service Commission (JSC) Vice Chairperson Isaac Rutto from office, accusing him of constitutional and statutory violations linked to partisan political activity.

In the petition, filed by Eric Muriuki, the JSC vice chair is accused of violating the Constitution, the Judicial Service Commission Act, the Leadership and Integrity Act, the Conflict of Interest Act and engaging in gross misconduct.

Muriuki argues that Rutto breached the Constitution by attending the ruling United Democratic Alliance (UDA) National Governing Council meeting at  State House on Monday this week.

The meeting was chaired by President William Ruto, and the petitioner says Isaac Rutto attended while dressed in party colours.

The petition states that the appearance of a senior JSC official at a high-level political party meeting undermined the independence, impartiality and dignity required of members of the constitutional commission.

According to Muriuki, Rutto’s conduct was inconsistent with the “high calling” of the office he holds and compromised the institutional distance from partisan politics expected of the JSC, which plays a central role in safeguarding judicial independence.

Issac Rutto was a serving JSC commissioner during interviews for recently appointed Court of Appeal judges and is expected to participate in upcoming interviews for High Court and Environment and Land Court judges scheduled between February 4 and March 23, 2026.

The commission has also advertised for a Supreme Court judge following the death of Justice Mohamed Ibrahim.

“In these circumstances, Isaac Rutto's attendance at a senior governing organ of a political party, in a highly public and symbolically powerful setting, objectively compromised and gravely undermined the appearance of independence and impartiality required of a member of the JSC,” the petition states.

The lawyer cites alleged violations of Articles 10, 73, 75, 77, 172(2)(a) and 249(1) and (2) of the Constitution, arguing that Rutto failed to uphold integrity and demeaned the office of a JSC commissioner.

He further argues that his [Rutto's] alleged association with UDA threatens the independence of the Judiciary, noting that the JSC’s core mandate is to protect that independence through the recruitment, promotion and discipline of judges.

The petition also contends that the Vice Chair's continued participation in JSC decisions violates the doctrine of separation of powers, arguing that it is unconstitutional for a member of an independent commission to maintain partisan political associations.

Under the JSC Act, members of the commission are required to relinquish positions in political parties upon appointment. According to the lawyer, Rutto’s presence at the UDA meeting created at least the perception of ongoing political affiliation.

“At a minimum, Isaac Rutto’s conduct defeats the purpose and spirit of Section 18, which is to maintain strict institutional separation between the JSC and political parties, and constitutes a ground for removal from office under Article 251(1)(a) of the Constitution,” the petition says.

Muriuki also cites Chapter Six of the Constitution, arguing that Rutto’s actions failed the tests of integrity, impartiality, accountability and public trust.

He says the former governor's attendance at the UDA meeting, while judicial recruitment was ongoing, sent a powerful public signal of political alignment that exposed the Judiciary to embarrassment and risked eroding public confidence.