Pressure is mounting on Judicial Service Commission (JSC) Vice Chairperson Isaac Ruto following calls for his resignation over what critics describe as blatant involvement in active partisan politics.
The controversy erupted after Isaac Ruto was spotted at State House wearing merchandise associated with President William Ruto’s United Democratic Alliance (UDA) party during a meeting of the party’s National Governing Council (NGC).
The appearance immediately triggered public outrage and raised serious questions about political neutrality within the country’s most powerful judicial oversight body.
In a strongly worded letter dated January 27 and addressed to Chief Justice Martha Koome, former JSC Vice Chairperson Macharia Njeru demanded Isaac Ruto’s immediate resignation from the commission.
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Njeru argued that by openly associating with a ruling political party, Ruto had fundamentally compromised his constitutional mandate and rendered himself unfit to continue serving in the role.
According to Njeru, the actions attributed to Ruto amount to a direct violation of the Constitution, the Leadership and Integrity Act, and the Judicial Service Code of Conduct.
He warned that such conduct poses a grave threat to the independence and credibility of the Judiciary.
“It is unprecedented for a JSC Commissioner to openly associate and work with a political party or actively engage in politics while still in office,” Njeru stated.
“This conduct by a state officer flies in the face of the express provisions of the Constitution, the Leadership and Integrity Act, and the code of conduct. It is a big threat to the independence of the Judiciary.”
Njeru, who previously served in the same position Isaac Ruto now holds, said his concerns were informed by institutional practice within the commission.
He revealed that involvement in active politics has historically been one of the automatic disqualifiers for candidates seeking judicial appointments, precisely to prevent the Judiciary from being dragged into partisan battles.
He noted the irony of a sitting commissioner, and one occupying the influential position of vice chairperson, engaging in behavior that the commission itself considers disqualifying for aspiring judges.
“To now have a Commissioner who is also the Vice Chair doing the exact same thing that is frowned upon is unacceptable,” Njeru wrote, adding that he felt compelled to raise the issue formally to protect the integrity of the commission.
In his letter, Njeru issued two clear demands. First, he called on Isaac Ruto to immediately recuse himself from all ongoing interviews for judicial appointments.
Second, he urged him to resign entirely from the JSC to safeguard public confidence in the commission and the Judiciary.
“My expectation is that Hon. Ruto will exclude himself from participating in the remaining interviews for the Judge positions and proceed to resign from the Commission altogether with immediate effect for the greater good of our Judiciary and the JSC too,” he stated.
Njeru’s intervention followed a separate complaint lodged by the Consumer Federation of Kenya (COFEK), which also petitioned the commission over Ruto’s attendance at the UDA meeting.
COFEK argued that participating in partisan political events directly breaches the constitutional requirement for political neutrality and impartiality expected of JSC commissioners.
The petition maintains that the presence of a senior judicial oversight official at a ruling party meeting creates a perception of bias and erodes public trust in the Judiciary, particularly at a time when courts are expected to adjudicate politically sensitive cases without fear or favor.
Isaac Ruto’s political background has further intensified scrutiny. He is a long-serving politician who previously served as the Governor of Bomet County before his appointment to the JSC in 2023.
Prior to joining the commission, he was the leader of the Chama Cha Mashinani (CCM) party, which later dissolved and formally merged with UDA.
While Ruto relinquished elective office before his appointment, critics argue that his recent actions suggest he has not fully disengaged from partisan politics, a requirement explicitly provided for under the law.
The Judicial Service Act of 2011 places strict limitations on the political activities of JSC commissioners. The law prohibits commissioners from engaging in partisan politics to preserve the independence of the Judiciary and maintain public confidence in judicial processes.
Any person appointed to the commission is required to relinquish elective or political party positions upon assuming office.
Legal experts warn that failure to enforce these provisions consistently could weaken the commission’s authority and expose the Judiciary to accusations of political capture.
They argue that even the perception of political bias is sufficient to damage institutional credibility, regardless of whether actual interference occurs.
As of now, neither Isaac Ruto nor the Judicial Service Commission has issued an official response to the resignation calls.
However, the matter is expected to intensify scrutiny of political conduct among senior judicial officials and may set a significant precedent for how constitutional commissions enforce neutrality among their members.
