High Court declines to suspend JSC Vice Chair Isaac Rutto over political partisanship
High Court declines to suspend JSC Vice Chair Isaac Rutto over political partisanship
The High Court has declined to suspend Judicial Service Commission (JSC) Vice Chairperson Isaac Rutto over claims of involvement in partisan politics, ruling that it lacks jurisdiction because the matter is still pending before the National Assembly, which has exclusive authority to consider petitions for the removal of constitutional commission members.
Justice Bahati Mwamuye agreed with the National Assembly’s objection that the court cannot intervene in an ongoing parliamentary process.
The decision follows an application by Eric Muriuki Mwirigi, who sought to have Rutto suspended pending the conclusion of a petition in the National Assembly seeking his removal on grounds of alleged political partisanship.
Justice Mwamuye ruled that the application was premature, noting that the House was yet to dispose of two petitions on the matter, including one filed by Mr Mwirigi himself.
The judge admitted the National Assembly’s preliminary objection, dismissed the application and directed that all parties bear their respective costs.
In its submissions, the National Assembly argued that the court should not intervene while the House considers the petitions, stating, “The Petition is non-justiciable having been instituted contrary to the doctrine of ripeness, justiciability, constitutional avoidance, principle of separation of powers, and the doctrine of exhaustion.”
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The House added, “To that extent, the Petitioners’ Notice of Motion and Petition are speculative and deal with prospective anticipatory circumstances rather than current or probable events. This Honourable Court lacks, therefore, jurisdiction to hear and determine the Petition and the Application as the issues raised are actively under consideration by the National Assembly.”
Article 251(2) of the Constitution grants the National Assembly the exclusive mandate to consider petitions for the removal of members of constitutional commissions on grounds specified under Article 251(1).
The petition filed by Mwirigi accuses Rutto of displaying political partisanship during a United Democratic Alliance (UDA) National Governing Council meeting held on January 26, 2026.
Critics say such involvement undermines the independence and credibility of the Judiciary and erodes public confidence in the JSC and other independent institutions, which rely on strict political neutrality.
The matter has also drawn concerns from former JSC Vice Chairperson Macharia Njeru, who wrote to Chief Justice Martha Koome in her capacity as Chairperson of the Commission.
Njeru cited media reports and images allegedly showing Ruto attending UDA activities, including the party’s National Governing Council session at State House.
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