A Nairobi-based lawyer filed a formal petition before the National Assembly seeking the immediate removal of Judicial Service Commission (JSC) Vice Chairperson Isaac Rutto over alleged violation of constitutional requirements on political neutrality after attending a ruling party meeting at State House.
The petition, lodged by Muriuki Eric Mwirigi, accuses Rutto, a public representative on the JSC of “serious violation of the Constitution” and “gross misconduct” for openly participating in the United Democratic Alliance (UDA) National Governing Council meeting on January 26.
Photographs and social media posts presented as evidence show Rutto donning full UDA party colours at the high-level political gathering, which was chaired by President William Ruto at State House, Nairobi.
The petitioner argues that Rutto’s actions are “unprecedented for a serving member of the JSC” and “deplorable,” especially given the timing.
The JSC is currently in the midst of a critical judicial recruitment process, having just concluded interviews for the Court of Appeal and scheduled interviews for High Court and Environment and Land Court judges beginning February 4.
“By attending a senior governing organ of a political party in a highly public setting, Hon. Rutto objectively compromised and gravely undermined the appearance of independence of the JSC,” the petition states.
It further contends that his conduct has exposed the judiciary to “national shame, embarrassment, ridicule and disrepute.”
The petition outlines five grounds for removal, including violation of constitutional articles demanding integrity, non-partisanship, and institutional independence and breach of the Judicial Service Act, which requires JSC members to relinquish any party office.
Mwirigi also said Rutto is in contravention of the Leadership and Integrity Act and the Conflict of Interest Act.
The petitioner argues that the requirement for neutrality applies not only to actual party membership but also to the “appearance of partisan alignment” that could erode public trust in the judiciary.
The lawyer now wants the National Assembly to “transmit the Petition to President Ruto with the Recommendation to suspend Isaac Rutto as a member of the Judicial Service Commission pending the outcome of the Petition and appoint a Tribunal in accordance with the Constitution of Kenya.”
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