Nairobi — Former Judicial Service Commission (JSC) Vice Chairperson Macharia Njeru has called on Chief Justice Martha Koome to urgently confront what he says is an unprecedented breach of political neutrality by current JSC Vice Chairperson Isaac Ruto, warning that the controversy threatens public confidence in Kenya's justice system.
In a letter to Chief Justice Koome in her capacity as JSC Chairperson, Njeru pointed to media reports and images showing Ruto attending a United Democratic Alliance (UDA) National Governing Council meeting at State House last week.
The appearance he says crosses a constitutional line for members of the body charged with safeguarding the integrity of the judiciary.
"It is unprecedented for a serving JSC Commissioner to openly associate and actively engage in the activities of a political party while still in office," Njeru wrote.
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He argued that such conduct flies in the face of the express provisions of the Constitution, the Leadership and Integrity Act and the applicable codes of conduct.
Threat to Judicial Independence
Njeru warned that the alleged actions could pose a serious threat to the independence of the Judiciary,noting that political neutrality among commissioners is a cornerstone of public trust in judicial processes.
He drew on his experience on the commission, saying that active involvement in partisan politics has historically been a disqualifying factor in assessing candidates for judicial appointments, precisely to shield the institution from political influence.
"To now have a Commissioner, who is also the Vice Chairperson, doing the very same thing that is frowned upon is unacceptable," he said.
The former vice chair stressed that it was clearly understood among commissioners that they were prohibited from engaging in partisan political activities, and he is unaware of any policy change that legitimises such conduct.
"I do not believe the policy at the Commission has changed," Njeru wrote.
In the letter, dated January 27, Njeru formally requested that Chief Justice Koome bring the matter before the full Judicial Service Commission for deliberation, and urged that Ruto recuse himself from ongoing judicial interviews and proceedings.
"My expectation is that Hon. Ruto will exclude himself from participating in the remaining interviews for judge positions and proceed to resign from the Commission altogether with immediate effect, for the greater good of the Judiciary and the JSC," he said.
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Rutto's attendance at the UDA meeting, convened by President William Ruto and attended by senior party leaders, governors and lawmakers, has stirred public debate over whether his role on the JSC which plays a central role in recruitment, discipline and oversight of judicial officers an be reconciled with visible involvement in party politics.
Chief Justice Koome has consistently emphasised the importance of judicial independence and impartiality. In recent years, she has spoken out against interference in judicial matters and highlighted efforts to protect the judiciary from both political pressure and cyberbullying that could undermine confidence in the rule of law.
