NAIROBI, Kenya, Jan 28 — Nairobi-based lawyer Eric Mwirigi has petitioned Parliament seeking the removal of Judicial Service Commission (JSC) Vice Chairperson Isaac Ruto.
Mwirigi accused Ruto of violating the Constitution and statutory laws on political neutrality by attending a high-level meeting of the ruling United Democratic Alliance (UDA).
In the petition submitted on Thursday, Mwirigi argues that Ruto’s appearance at the UDA National Governing Council (NGC) meeting held on January 26, at State House, Nairobi, amounts to serious violation of the Constitution and gross misconduct, given his role as a member of an independent constitutional commission tasked with safeguarding judicial independence.
President William Ruto chaired the meeting in his capacity as UDA Party Leader.
The petitioner noted Isaac Ruto’s attendance compromised the perceived impartiality of the JSC, particularly because it occurred during an active and sensitive recruitment process for a Supreme Court judge.
“In attending UDA’s National Governing Council meeting, the Honourable Isaac Ruto was of the office of a member of an independent commission, no less than the status of the JSC, a position that requires a member to be discreet and jealous of the independence of the Judiciary,” Mwirigi states.
The petition cites alleged violations of Articles 10, 73, 75, 77, 172(2)(a), and 249(1) and (2) of the Constitution, as well as contraventions of the Judicial Service Act, the Leadership and Integrity Act, and the Conflict of Interest Act.
‘Serious violation’
Mwirigi argues that the law deliberately sets a lower threshold of “serious violation” for commissioners of independent offices compared to the “gross violation” threshold for presidential impeachment, underscoring the higher standard of neutrality expected of such office holders.
He contends that the Judicial Service Act requires JSC members to relinquish political party roles, while the Conflict of Interest Act bars public officers from engaging in political activities that may compromise—or be perceived to compromise—the neutrality of their offices.
The petitioner says Ruto’s conduct exposed the JSC and the Judiciary to “embarrassment, ridicule and disrepute.”
He filed social media posts, official party documents, and letters from legal stakeholders, including former JSC Vice Chair and Commissioner Macharia Njeru and the Consumers Federation of Kenya (COFEK) in support of the petition.
Mwirigi is asking the National Assembly to recommend Ruto’s suspension and the establishment of a tribunal to investigate the alleged misconduct, as provided for under the Constitution.
The petition comes amid mounting pressure on Ruto to recuse himself from planned interviews to recruit a Supreme Court judge.
In a letter to Chief Justice Martha Koome, former JSC Vice Chair Macharia Njeru urged the Commission to exclude Ruto from the process, citing his open association with partisan politics.
“It is unprecedented for a JSC Commissioner to openly associate with or actively engage in politics while in office,” Njeru wrote, calling on Ruto to step aside in the interest of preserving public confidence in the Judiciary.
JSC advertised a notice for fill Supreme Court vacancy following the death of Justice Mohammed Ibrahim on December 17, 2025, leaving the apex court with six judges, just above the constitutional minimum of five, at a time when the court’s role in potential presidential election disputes remains critical.
In a notice published on January 14, JSC required applicants to meet Chapter Six integrity standards and have at least 15 years’ experience as judicial officers, legal practitioners, or legal academics.
