The High Court has dismissed a petition and application seeking the suspension of Isaac Rutto from his role as Vice-Chairperson of the Judicial Service Commission (JSC).
In its ruling delivered on Thursday, March 19, the court found that the case had been filed prematurely, siding with the National Assembly of Kenya, which argued that the matter was still actively under consideration within Parliament.
The application had been filed by Eric Muriuki Mwirigi, who sought to have Rutto suspended pending the determination of a petition he had already lodged before the National Assembly seeking the commissioner’s removal over alleged political partisanship.
Delivering the ruling, Justice Bahati Mwamuye upheld a preliminary objection raised by the National Assembly, noting that the House had yet to conclude deliberations on two petitions related to the matter.
As a result, the court dismissed the application and directed that each party bear its own costs, effectively allowing the parliamentary process to proceed without judicial interference.
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Notably, the National Assembly had opposed the court action, maintaining that the matter fell within its constitutional mandate and that court intervention at this stage would disrupt ongoing proceedings.
"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.
"To that extent, the Petitioners’ Notice of Motion and Petition are speculative and deal with prospective anticipatory circumstances rather than current or probable events," the National Assembly argued.
In the petition before the National Assembly, Mwirigi accuses Rutto of alleged political partisanship stemming from a meeting of the ruling United Democratic Alliance (UDA) National Governing Council held on January 26, 2026.
"This Honourable Court lacks jurisdiction to hear and determine the Petition and the Application as the issues raised are actively under consideration by the National Assembly," the House argued in its affidavit.
This comes weeks after 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.
