The Judicial Service Commission (JSC) has declined to act on a petition seeking the removal of Vice Chairperson Isaac Rutto. The Commission cited parallel proceedings before other constitutional bodies as the reason.
In a letter dated February 4, 2026, addressed to the Consumer Federation of Kenya (COFEK), the JSC Secretariat communicated the decision. The letter followed a meeting held on February 2, 2026.
The Secretariat, led by Winfridah Mokaya, noted that the complaint raised in COFEK’s January correspondence is currently pending before a court of law.
This places the matter outside the JSC’s mandate at this stage.
The Commission advised concerned parties to follow the legal and parliamentary channels already seized of the matter. The JSC said internal action cannot proceed while parallel processes exist.
The decision comes after a petition filed on January 19, 2026, seeking Rutto’s removal from office. The petition argues that his continued stay in office has undermined public confidence in the JSC.
Rutto was appointed to the JSC under Article 171(2)(h) of the Constitution. This provision allows the Public Service Commission to nominate a member to the Judicial Service Commission.
Among the issues raised, the petition alleges that Rutto attended a United Democratic Alliance (UDA) National Governing Council meeting on January 26. The meeting was chaired by President William Ruto at State House, Nairobi.
The petitioner claims Rutto attended the meeting while wearing UDA party colours. The petition argues this conduct risks undermining public confidence in the JSC and its independence.
The petition cites constitutional provisions, including Article 172, which requires the JSC to uphold transparent processes. It also references Article 249(1), which obliges commissions to protect the sovereignty of the people.
It further highlights the Conflict of Interest Act, which restricts public officers from advancing political interests while in office. The petitioner argues that Rutto’s alleged political engagement compromises his perceived neutrality.
The matter has since been forwarded to Parliament for consideration. Lawmakers are expected to review the petition and decide on the appropriate course of actionThis places the matter outside the JSC’s mandate at this stage.
The Commission advised concerned parties to follow the legal and parliamentary channels already seized of the matter. The JSC said internal action cannot proceed while parallel processes exist.
The decision comes after a petition filed on January 19, 2026, seeking Rutto’s removal from office. The petition argues that his continued stay in office has undermined public confidence in the JSC.
Rutto was appointed to the JSC under Article 171(2)(h) of the Constitution. This provision allows the Public Service Commission to nominate a member to the Judicial Service Commission.
Among the issues raised, the petition alleges that Rutto attended a United Democratic Alliance (UDA) National Governing Council meeting on January 26. The meeting was chaired by President William Ruto at State House, Nairobi.
The petitioner claims Rutto attended the meeting while wearing UDA party colours. The petition argues this conduct risks undermining public confidence in the JSC and its independence.
The petition cites constitutional provisions, including Article 172, which requires the JSC to uphold transparent processes. It also references Article 249(1), which obliges commissions to protect the sovereignty of the people.
It further highlights the Conflict of Interest Act, which restricts public officers from advancing political interests while in office. The petitioner argues that Rutto’s alleged political engagement compromises his perceived neutrality.
The matter has since been forwarded to Parliament for consideration. Lawmakers are expected to review the petition and decide on the appropriate course of action
