JSC declines to act on Isaac Rutto removal
The Judicial Service Commission (JSC) has declined to act on a petition seeking the removal of its Vice Chairperson Isaac Rutto
The Judicial Service Commission (JSC) has declined to act on a petition seeking the removal of its Vice Chairperson Isaac Rutto, citing the existence of parallel proceedings before other constitutional bodies.
In a letter dated February 4, 2026, addressed to the Consumer Federation of Kenya (COFEK), the JSC Secretariat conveyed the Commission’s decision following a meeting held on February 2, 2026.
The Secretariat, led by Winfridah Mokaya, said the complaint raised in COFEK’s January correspondence is currently pending before a court of law and is therefore sub judice.
“The Commission considered your referenced letter and, upon deliberation, noted that the matter is currently pending before a court of law and is therefore sub judice,” reads the letter.
It further noted that a separate petition has been lodged with the National Assembly under Article 251 of the Constitution, placing the issue outside the mandate of the Judicial Service Commission.
The Commission said these parallel processes meant it could not pursue internal action at this stage, advising concerned parties to follow the legal and parliamentary channels already seized of the matter.
The JSC decision follows a petition filed on January 19, 2026, to the National Assembly seeking Rutto’s removal from office.
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.
In the petition to Parliament, the petitioner argues that Rutto’s continued stay in office has, in their view, undermined public confidence in the JSC and other independent institutions, whose legitimacy, the petition states, depends on strict political neutrality.
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Among the issues raised is an allegation that Rutto attended a United Democratic Alliance (UDA) National Governing Council meeting on January 26 at State House, Nairobi.
“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 claims Rutto attended the meeting while wearing UDA party colours, despite being a member of the JSC.
The petition argues that this alleged conduct risks undermining public confidence in the Commission and could affect perceptions of the JSC’s independence.
It also cites constitutional and legal provisions, including Article 172 of the Constitution, which outlines the JSC’s obligation to uphold transparent processes in the performance of its functions, and Article 249(1), which requires commissions to protect the sovereignty of the people.
The petition further refers to the Conflict of Interest Act, which restricts appointed public officers from advancing the political interests of a political party or engaging in political activity that may compromise, or be perceived to compromise, the political neutrality of their office.
The matter has since been forwarded to Parliament for consideration.
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