Isaac Rutto faces JSC ouster bid

A petition has been filed before the National Assembly seeking the removal of Judicial Service Commission (JSC) member Isaac Rutto.

The petition, dated January 29 invokes Article 251(1) and (2) of the constitution, which provides for the removal of members of constitutional commissions on grounds of serious violation of the constitution, gross misconduct or contravention of Chapter Six on leadership and integrity.

It also cites Articles 37 and 119(1), sections 3 and 4 of the Petitions to Parliament (Procedure) Act, and Standing Orders 219, 220, 223 and 230 of the National Assembly.

Rutto was appointed to the JSC under Article 171(2)(h) of the constitution, which provides for a member nominated by the Public Service Commission.

The petitioner argues that his continued stay in office has eroded public confidence in the JSC and other independent institutions, whose legitimacy, the petition states, depends on strict political neutrality.

Central to the petition is an allegation that Rutto attended a United Democratic Alliance (UDA) National Governing Council meeting on January 26 at State House, Nairobi.

“On 26th January 2026, the United Democratic Alliance (UDA Party) held its National Governing Council meeting, which was chaired by the President of the Republic of Kenya and the UDA Party Leader at State House, Nairobi,” the petition reads.

The petition claims Rutto attended the meeting “donning full party colours of the UDA despite being a member of the JSC”.

It argues that his actions “undermine public confidence of the JSC and Isaac Rutto’s stay in office risks undermining legitimacy of JSC and public confidence in the judiciary and other independent institutions.”

The petition further cites constitutional and legal provisions, stating that “under Article 172 of the constitution the JSC is required to uphold, among others, transparent processes in the performance of its functions,” and that “Article 149(1) requires all commissions including the JSC to protect sovereignty of the people.”

It also invokes the Conflict of Interest Act, which, the petition states, “prohibits appointed public officers from acting as an agent for or furthering the political interests of a political party or candidate, manifesting support for opposition to any political interests of a political party or candidate and engaging in political activity that may compromise or be seen to compromise the political neutrality of his or her office.”

The petition contends that the alleged conduct risks eroded public confidence in the JSC and other independent institutions, whose legitimacy rests on strict political neutrality.”

It has formally been forwarded to Parliament for consideration.

In a letter on Thursday, the Clerk of the National Assembly acknowledged receipt of the petition.

It requests that the National Assembly to “receive, consider and take prompt action on this petition in accordance with the applicable laws and procedures, to uphold the integrity and independence of our judicial institutions.”