NAIROBI, Kenya — Former Judicial Service Commission (JSC) Vice Chair Macharia Njeru has formally written to Chief Justice and JSC Chairperson Martha Koome, raising serious concerns over the alleged partisan political conduct of JSC Vice Chair Hon. Isaac Ruto, warning that such actions threaten the independence of the Judiciary.
In a letter dated January 27, 2025, received at the Office of the Chief Justice the same day, Njeru questioned the constitutional propriety of a serving JSC commissioner openly associating with a political party, citing reports and images showing Ruto attending United Democratic Alliance (UDA) party meetings, including a National Governing Council meeting at State House.
“It is unprecedented for a JSC Commissioner to openly associate and work with a political party or actively engage in politics while still in office,” Njeru wrote.
Constitutional and Legal Concerns
Njeru argued that the alleged conduct violates express provisions of the Constitution, the Leadership and Integrity Act, and the Judicial Service Code of Conduct, which collectively require commissioners of independent bodies to maintain political neutrality.
He warned that such actions pose a direct threat to judicial independence, a principle safeguarded under Article 160 of the Constitution, which insulates the Judiciary from external influence, including political interference.
“This conduct by a state officer flies in the face of the express provisions of the Constitution… It is a big threat to the independence of the Judiciary,” he stated.
Precedent Within the JSC
Drawing from his own experience as a former Commissioner and Vice Chair of the JSC (2019–2024), Njeru noted that the Commission has historically disqualified candidates for judicial office based on active political involvement, precisely to avoid entangling the Judiciary in partisan politics.
“Continued open and active involvement in politics was a factor used by the Commission to exclude candidates for Judge positions from making it to the shortlist,” he wrote.
He said it was clearly understood within the Commission that commissioners could not engage in partisan politics while holding office and that no policy change has been communicated to suggest otherwise.
Call for Recusal and Resignation
Njeru urged Chief Justice Koome to place the matter before the full Commission for deliberation and expressed the expectation that Hon. Isaac Ruto should immediately recuse himself from ongoing judicial interviews and resign from the JSC altogether.
“My expectation is that Hon. Ruto will exclude himself from participating in the remaining interviews for the Judge positions and proceed to resign from the Commission altogether with immediate effect,” he stated.
He said such action would be in the greater good of the Judiciary and the JSC, preserving public confidence in the integrity of judicial appointments.
