The Judicial Service Commission (JSC) has declined to take action on a complaint lodged against its Vice Chairperson, Isaac Rutto, citing ongoing court proceedings and a separate petition before the National Assembly.
In a letter dated Wednesday, February 4, addressed to Consumer Federation of Kenya (COFEK) Secretary General Stephen Mutoro, the commission said the matter falls outside its mandate due to its current legal status.
"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," the JSC stated.
JSC further explained that the issue has already been escalated to Parliament under constitutional provisions governing the removal of commissioners.
"The Commission further observed that a petition has been lodged with the National Assembly pursuant to the provisions of Article 251 of the Constitution, thereby placing the matter outside the purview of the Judicial Service Commission," the letter added.
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Late January, Rutto was under intense public scrutiny after he was spotted attending the United Democratic Alliance (UDA) National Governing Council meeting at State House, Nairobi.
The appearance has reignited debate about the independence of the Judiciary and the appropriateness of a senior judicial official openly associating with a political party.
Social media users argued that his attendance crosses an ethical line and called for his resignation or for constitutional reforms to prevent similar situations in the future.
One critic argued that constitutional principles require Ruto to step aside from the commission if he intends to pursue political interests, especially given the JSC’s ongoing role in interviewing judicial nominees.
"Basic constitutional hygiene demands that Isaac Ruto resign from the Judicial Service Commission and pursue his political interests outside the commission. He has no business sitting in next week’s interviews of High Court and ELC nominees," Joshua Malidzo Nyawa stated.
Another user said it was unprecedented for a JSC commissioner to openly associate with a political party, warning that it could erode the independence of the Judiciary.
"It’s unprecedented for a JSC Commissioner to openly associate with a political Party. This has huge implications on the independence of the Judiciary. Impunity of the highest order! Very disgusting," Macharia Njeru wrote.
A different view held that the real solution lies in amending the Constitution to remove executive appointees from sensitive commissions like the JSC.
"The only route to bring about such hygiene is through a constitutional amendment to remove Executive appointees into a critical commission like JSC," Abdi Ahmed argued.
Another critic blamed the current constitutional framework, saying it failed to set strong enough safeguards to prevent politicians from serving on the JSC.
"The problem also comes from the design of the constitution, which puts weak safeguards against this. It should have put a requirement that one cannot be a member of JSC if they have held an office in a political party or sought a political seat in the last 20 years, and Isaac Ruto would have stood disqualified," Kiprotich Lang’at commented.
A further reaction described Ruto’s actions as a serious ethical violation and demanded his immediate resignation.
"He has committed an abomination! Let him be principled enough and resign. This is the impunity of the highest order," Yonah Adero said
