Kenya: JSC Declines to Hear Petition Against Vice Chair Isaac Ruto

5 February 2026
Capital FM (Nairobi)

Nairobi — The Judicial Service Commission has declined to consider a petition seeking action against its Vice Chairperson Isaac Ruto, citing the sub judice rule.

In a statement, the Commission said the matter is currently pending before both the courts and Parliament, making it procedural improper for the JSC to deliberate on it at this time.

The JSC noted that the sub judice rule prevents parallel consideration of issues that are already under active legal and parliamentary processes.

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As a result, the Commission said it would refrain from engaging with the petition until the ongoing proceedings are concluded.

"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 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," JSC Secretary Winfridah Mokaya.

Former JSC Vice Chairperson Macharia Njeru petition argues that Ruto's continued tenure under the prevailing circumstances has eroded public confidence in the JSC and other independent institutions, whose legitimacy rests on strict political neutrality.

Njeru accused Ruto of openly participating in activities of the United Democratic Alliance (UDA) party.

In the letter to the JSC Chairperson Martha Koome, Njeru cites media reports and images allegedly showing Ruto attending UDA meetings, including the party's National Governing Council session held at State House.

"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, adding that the alleged actions contravene provisions of the Constitution, the Leadership and Integrity Act, and applicable codes of conduct."

He added; "Continued open and active involvement in politics was a factor used by the Commission to shield the Judiciary from being muddled up in partisan politics," he stated. "To now have a Commissioner, who is also the Vice Chairperson, doing the very same thing that is frowned upon is unacceptable."

Read the original article on Capital FM.

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