A Nairobi-based lawyer has petitioned the National Assembly, calling for the removal of Judicial Service Commission Vice Chairperson Isaac Rutto, citing alleged violation of constitutional requirements regarding political neutrality.
Advocate Muriuki Eric Mwirigi filed the petition against Rutto, who serves on the JSC as a public representative, accusing him of serious constitutional breaches and gross misconduct. The allegations stem from Rutto’s attendance at a United Democratic Alliance National Governing Council meeting held at State House on January 26, which was chaired by President William Ruto.
According to the petitioner, Rutto’s presence at the high-level political gathering constitutes open partisan conduct that is incompatible with his responsibilities at the Judicial Service Commission. The petition includes photographs and social media posts allegedly showing Rutto in full UDA party attire during the meeting, which Mwirigi describes as “unprecedented, deplorable, and constitutionally unacceptable” for a serving JSC official.
This petition emerges as the JSC oversees a sensitive judicial recruitment process. The commission recently concluded interviews for Court of Appeal judges and is preparing to begin interviews for High Court and Environment and Land Court judges starting February 4.
The petitioner contends that Rutto’s actions have objectively compromised the JSC’s independence, undermining public confidence in the judiciary. In the petition, Mwirigi states that Rutto’s conduct has exposed the judiciary to “national shame, embarrassment, ridicule, and disrepute.”
The petition outlines five grounds for removal, citing violations of constitutional provisions on integrity, impartiality, and institutional independence. It also references breaches of the Judicial Service Act, which requires JSC members to relinquish any political party affiliation.
Additionally, the lawyer asserts that Rutto’s actions contravene the Leadership and Integrity Act and the Conflict of Interest Act, arguing that judicial officers must avoid not only actual political involvement but also the appearance of partisan alignment.
Mwirigi now requests that the National Assembly transmit the petition to the President, recommending the suspension of Isaac Rutto as a JSC member and the appointment of a tribunal to investigate the allegations in accordance with the Constitution.