Why JSC declined to take action on member Rutto over association with UDA

The Judicial Service Commission (JSC) declined to take action on complaints raised against its Vice Chairperson Isaac Rutto saying the matter is currently before court and Parliament.

In a letter dated February 4, 2026, addressed to Consumer Federation of Kenya (COFEK) Secretary General Stephen Mutoro, JSC Secretary Winfridah Mokaya said the Commission had deliberated on the complaint during a meeting held on February 2, 2026.

The Commission said that the matter is sub judice, meaning it is pending before a court of law.

Mokaya also that a petition has already been filed before the National Assembly under Article 251 of the Constitution, placing it outside the Commission’s mandate.

COFEK had written to the Commission raising concerns about the conduct of JSC Vice Chair Rutto and Commissioner Omwanza Ombati, arguing that their actions could amount to violations of constitutional and statutory standards governing State officers.

The complaint follows criticism over Rutto’s participation in United Democratic Alliance (UDA) political activities, including attendance at the party’s National Governing Council meeting at State House in Nairobi.

Former JSC Vice Chair Macharia Njeru has also raised concerns, warning that active participation in party politics by a serving commissioner could threaten the independence of the Judiciary.

Njeru argued that during his tenure, involvement in partisan politics was a key factor considered when vetting candidates for judicial appointments.

He said such conduct could erode public trust in the justice system.