NAIROBI, Kenya Jan 30 – The Kenyan Section of the International Commission of Jurists (ICJ Kenya) has raised fresh concerns over the independence of the Judiciary after reports emerged showing a senior Judicial Service Commission (JSC) official taking part in partisan political activities.
In a statement released on Friday, ICJ Kenya said it had formally written to Chief Justice Martha Koome, who is also the Chairperson of the JSC, calling for urgent action over the conduct of JSC Vice-Chairperson Isaac Rutto.
The move follows actions by Commissioner Rutto who was captured attending a meeting of the ruling United Democratic Alliance (UDA) party, reportedly its National Governing Council.
In the images, he is seen wearing party colours and regalia.
ICJ Kenya said such actions are troubling and go against the Constitution and ethical standards expected of members of the Judicial Service Commission.
According to the organisation, open participation in political party activities by a serving JSC Commissioner is unprecedented and risks damaging public trust in the Judiciary.
“Members of the Judicial Service Commission hold a very sensitive constitutional office,” said ICJ Kenya Chairperson Christine Alai. “They oversee judicial appointments and discipline. They must not only be independent, but must also be seen to be independent.”
ICJ Kenya warned that any visible link between judicial governance and partisan politics undermines judicial independence and weakens confidence in the justice system.
– What the Constitution says about JSC conduct –
The organisation cited several constitutional provisions, including Article 160, which guarantees the independence of the Judiciary, and Article 73, which requires State officers to act objectively and impartially.
It also referenced Article 75, which bars conduct that erodes public confidence in public office.
ICJ Kenya further pointed to the Judicial Service (Code of Conduct and Ethics) Regulations, 2020, which require judicial officers to remain politically neutral.
“JSC members should be held to the highest ethical standards since they enforce these rules on others,” Alai said.
In its letter to the Chief Justice, ICJ Kenya called for three immediate actions.
These include a public reaffirmation of the JSC’s commitment to political neutrality, placing the matter before the full Commission for urgent consideration, and taking steps to ensure accountability and restore public confidence.
“Failure to address the issue could set a dangerous precedent and normalise behaviour that weakens constitutional safeguards,” Alai warned.
The JSC has not yet publicly responded to the concerns raised.
