The High Court has refused to halt Isaac Rutto from serving as Vice-Chairperson of the Judicial Service Commission. Petitioners had sought suspension pending determination of a separate petition lodged with the National Assembly.
Justice Bahati Mwamuye dismissed the application on Thursday, March 19, citing that the case was filed prematurely. He noted that Parliament was still actively considering the petitions related to Rutto, making judicial intervention inappropriate at this stage.
Premature Petition Deemed Non-Justiciable
The application was filed by Eric Muriuki Mwirigi, who argued that Rutto had shown political bias in his role. The court, however, found that the petition dealt with speculative circumstances rather than actual, ongoing events, making it non-justiciable.
The National Assembly had opposed the court action, emphasizing that the matter fell within its constitutional mandate. Officials argued that judicial interference would disrupt ongoing parliamentary deliberations on the complaints against Rutto.
Allegations of Political Partisanship
Mwirigi’s petition before Parliament alleges that Rutto acted with partisanship during a United Democratic Alliance (UDA) National Governing Council meeting held on January 26, 2026. The House maintains that these issues are under active parliamentary consideration and cannot be addressed by the courts.
The Judicial Service Commission has also refrained from taking steps on complaints against Rutto. In a February 4 letter to COFEK, the commission cited the ongoing parliamentary process and court proceedings, noting that the matter falls outside its mandate while sub judice.
The High Court’s ruling allows the parliamentary process to continue without interference. Each party was ordered to bear its own costs, leaving Rutto in his role pending the National Assembly’s final determination.
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