A petition has been lodged calling for the removal of Isaac Ruto from his position as a member of the Judicial Service Commission (JSC), over allegations that he has engaged in partisan political activities that could compromise the independence of the Judiciary. The petition contends that Ruto’s continued stay in office, under the current circumstances, has weakened public trust in the JSC and other constitutional commissions, whose credibility depends on strict political neutrality.
In the latest development, the petition has now been formally submitted to Parliament for review. In a letter dated Thursday, the Clerk of the National Assembly confirmed receipt of the petition and stated that it had been forwarded in accordance with constitutional and legal procedures governing petitions against holders of public office. The move follows concerns raised by former JSC Vice Chairperson Macharia Njeru, who wrote to Chief Justice Martha Koome in her capacity as Chairperson of the Commission, accusing Ruto of actively participating in activities linked to the ruling United Democratic Alliance (UDA) party.
According to Njeru, media reports and photographs allegedly show Ruto attending UDA functions, including a National Governing Council meeting held at State House. He described the alleged conduct as highly unusual and inappropriate for a serving member of the JSC.
It is unprecedented for a serving JSC Commissioner to openly associate with and take part in the activities of a political party while still holding office
Macharia NjeruHe argued that such actions, if proven, violate the Constitution, the Leadership and Integrity Act, and established codes of conduct governing public officials. Njeru warned that political involvement by a JSC commissioner poses a serious risk to judicial independence and undermines public confidence in the justice system. Reflecting on his time at the Commission, Njeru noted that active participation in partisan politics had previously been grounds for disqualifying individuals from consideration for judicial appointments.
The Commission has, in the past, relied on political neutrality to protect the Judiciary from being entangled in partisan interests. Having a serving Commissioner, who also holds the position of Vice Chairperson, engage in conduct that is clearly discouraged is unacceptable
Macharia NjeruNjeru added that it was a long-standing and well-understood principle within the JSC that commissioners were prohibited from engaging in partisan politics while in office. He said he was unaware of any policy changes that would permit such behaviour.The petition now awaits parliamentary consideration as questions continue to swirl around the conduct expected of members of independent constitutional commissions.
