A petition has been filed before the National Assembly seeking the removal of Judicial Service Commission (JSC) member Isaac Rutto over alleged violations of the Constitution and breach of political neutrality required of holders of independent offices.
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 including serious violation of the Constitution, gross misconduct, or contravention of Chapter Six on leadership and integrity.
It further cites Articles 37 and 119(1) of the Constitution, Sections 3 and 4 of the Petitions to Parliament (Procedure) Act, as well as Standing Orders 219, 220, 223, and 230 of the National Assembly, outlining the legal framework under which Parliament may consider the matter.
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 depends on strict political neutrality.
Central to the petition is an allegation that Rutto attended a United Democratic Alliance (UDA) National Governing Council meeting held on January 26 at State House, Nairobi.
According to the petition, the meeting was chaired by President William Ruto in his capacity as both Head of State and UDA Party Leader.
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“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 states.
The petitioner alleges that Rutto attended the meeting “donning full party colours of the UDA despite being a member of the JSC,” an act said to amount to open political participation incompatible with his constitutional role.
The petition argues that such conduct undermines public confidence in the JSC and risks compromising the legitimacy of the judiciary and other independent institutions.
It states that under Article 172 of the Constitution, the JSC is required to uphold transparent and accountable processes in the performance of its functions.
It also cites Article 249(1), which requires constitutional commissions, including the JSC, to protect the sovereignty of the people and ensure independence from political influence.
Further, the petition invokes provisions of the Conflict of Interest Act, which prohibit appointed public officers from acting as agents of political parties, manifesting support for or opposition to political interests, or engaging in political activity that may compromise or be perceived to compromise the neutrality of their office.
According to the petitioner, the alleged actions by Rutto amount to conduct that risks eroding public trust not only in the JSC but also in the broader system of independent oversight bodies established under the Constitution.
The petition has formally been forwarded to Parliament for consideration. In a letter issued on Thursday, the Clerk of the National Assembly acknowledged receipt of the petition.
The petitioner has urged the House 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.”
The National Assembly is now expected to determine the next steps, including whether to constitute a committee to investigate the allegations as provided for under the law.
