JSC declines to act on commissioner Rutto's political activity

JSC vice chairperson Isaac Rutto during his vetting on May 25, 2023. [File, Standard]

The Judicial Service Commission (JSC) has refused to comment on a letter sent to it by the Consumer Federation of Kenya (Cofek) seeking the  removal of Isaac Rutto from the commission over political biasness.

JSC said that it cannot comment on the issue since it is an active matter before court and the National Assembly.

“The Commission considered your referenced letter and, upon deliberation, noted that the matter is currently pending before a court of law and is therefore sub judice,” said Judiciary Chief Registrar and JSC Secretary Winfridah Mokaya.

“The Commission further observed that a petition has been lodged with the National Assembly pursuant to the provisions of Article 251 of the Constitution, thereby placing the matter outside the purview of the Judicial Service Commission.”

Cofek Secretary General Stephen Mutoro had written to JSC seeking clarification from JSC chairperson and Chief Justice Martha Koome over the attendance of a political meeting convened by President William Ruto at State House.

He said the attendance had raised questions about  Rutto’s compliance with the constitutional threshold expected of a JSC member.

“Given the central role of the JSC in safeguarding judicial independence under Article 172, even the appearance of partisan alignment by a Commissioner may undermine public confidence in the Commission's impartiality,” said Mutoro.

The case referred to by Mokaya was filed by city lawyer Eric Muriuki who sought orders to have Rutto barred from participating in the ongoing JSC interviews.

JSC is seeking to hire some 20 High Court and the Environment and Lands Court judges.

The lawyer also filed a petition for his removal at the National Assembly (NA).

Justice Bahati Mwamuye however did not grant the orders instead telling Muriuki to serve JSC, Rutto and NA.

 “There is quite a number of moving parts, I would not wish to give those exparte,” said the judge.

JSC, Rutto and NA raised a preliminary objection to Muriuki’s petition with the judge saying that they could determine the petition.

The hearing of the objections by highlighting the submissions will take place on February 17, 2026, and Justice Mwamuye said that he will deliver his ruling on March 4, 2026.

In his petition to NA Muriuki accused the former Bomet governor of violating the Constitution, the Judicial Service Commission Act, the Leadership and Integrity Act, the Conflict of Interest Act and engaging in gross misconduct.

He said that Rutto breached the Constitution by attending the ruling United Democratic Alliance (UDA) National Governing Council meeting at State House on January 26, 2026.

The meeting was chaired by President Ruto, and the Muriuki said that Rutto attended while dressed in party colours which included a cap.

The JSC vice chair then went ahead and posted the photos on his Facebook page which included one with President Ruto.

Former commissioner Macharia Njeru also wrote to Koome over the same saying that Rutto’s political association was a violation of the Constitution, the Leadership and Integrity Act, and the JSC’s own code of conduct.

He said the actions pose “a big threat to the independence of the Judiciary.”