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JSC vice-chair accused of impartiality failing

Publish date: 02 February 2026
Issue Number: 1162
Diary: IBA Legalbrief Africa
Category: Kenya

Kenya’s Judicial Service Commission vice-chairperson Isaac Ruto's job could be on the line after he was flagged for allegedly failing to exercise impartiality while executing his duties. Earlier, a formal petition was filed with Chief Justice Martha Koome demanding the immediate resignation of Ruto over alleged political partisanship, reports the Kenyans. The complaint focuses on Ruto’s participation in United Democratic Alliance party meetings, including a recent National Governing Council session held at State House, a move that has raised concerns about judicial independence. The petition argues that such conduct violates the Constitution, the Leadership and Integrity Act and the JSC code of conduct, threatening the independence of Kenya's judiciary and its institutions. The Judicial Service Act of 201, states that JSC commissioners are restricted from engaging in partisan politics so as to safeguard public trust and judicial independence. Any person appointed to the commission is required to relinquish elective offices if they hold them. With this in mind, Ruto finds himself in a precarious situation, particularly because he has openly declared his intentions to contest the Bomet gubernatorial seat in 2027. The petitioner who challenged Ruto's position previously served as JSC vice-chair and commissioner from 2019 to 2024, giving him first-hand knowledge of the commission's strict policies on political neutrality and partisan engagement. During his tenure, the commission routinely excluded judicial candidates who continued to engage in politics from shortlists, specifically to protect the judiciary from partisan political influence and interference.

Full report on the Kenyans site

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