A petition has been submitted to Parliament calling for the removal of former Bomet Governor Isaac Ruto from the Judicial Service Commission (JSC), following claims that he engaged in partisan political activities that undermine the independence of the Judiciary.
The petition was filed by advocate Eric Muriuki, who accuses Isaac Ruto of openly associating with the ruling United Democratic Alliance (UDA) party while serving as a member of the JSC.
According to the petition, Isaac Ruto attended a UDA National Governing Council (NGC) meeting held at State House on January 26. The meeting was chaired by President William Ruto, who is also the party’s leader.
Muriuki argues that Isaac Ruto’s presence at such a high-level political meeting raises serious concerns about impartiality and neutrality. He states that the move damages public confidence in the Judiciary and compromises the independence expected of a JSC commissioner, whose role is meant to be strictly non-political.
The petition claims that Isaac Ruto’s actions violate several constitutional provisions, including Articles 10, 73, 75, 77, and 249. These articles require state officers to act with integrity, avoid political partisanship, and protect the independence of constitutional commissions.
Muriuki further says the conduct breaches Section 18 of the Judicial Service Act, which clearly prohibits JSC members from holding office in political parties or engaging in political activities.
In addition, the petition cites alleged violations of the Leadership and Integrity Act and the Conflict of Interest Act. According to Muriuki, the Constitution does not only guard against direct political interference but also against situations that create the appearance of political influence over independent institutions.
“The Constitution protects not only against actual partisan control but also against any appearance of political influence,” the petition states. It adds that Isaac Ruto’s conduct has exposed both the JSC and the wider Judiciary to public ridicule and loss of credibility.
The advocate also warned that the situation is particularly serious because the JSC is currently involved in major judicial recruitment exercises.
These include interviews for High Court and Court of Appeal judges, as well as the process of filling a vacant position at the Supreme Court. He argued that decisions made by a commission perceived to be politically compromised could affect the legitimacy of future court rulings.
Muriuki further expressed concern that such appointments could influence sensitive cases in the future, including possible presidential election petitions involving the ruling party.
He said any doubt about the neutrality of the JSC could have long-term consequences for Kenya’s justice system.
To support the petition, Muriuki attached photographs allegedly showing Isaac Ruto at the UDA meeting wearing party colours.
He also included social media posts from State House confirming that the meeting took place, as well as letters from concerned individuals.
Among them is a letter from former JSC Vice Chairperson Macharia Njeru, who called for Isaac Ruto’s resignation.
Based on these claims, Muriuki has urged the National Assembly to recommend Isaac Ruto’s suspension and advise the President to form a tribunal to investigate the matter. He warned that failure to act could set a dangerous precedent.
“We must draw a line here,” Muriuki said. “If this is allowed, we may soon see other independent commissioners, including those from the IEBC, attending political rallies.”
Isaac Ruto’s troubles intensified after Macharia Njeru, in a letter dated January 27 and addressed to Chief Justice Martha Koome, demanded his immediate resignation.
Njeru argued that Isaac Ruto had violated his constitutional mandate and failed to uphold the standards required of a member of the Judicial Service Commission.
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