JSC petitioned to review conduct of Vice Chair Rutto, Commissioner Ombati over impartiality concerns

The Judicial Service Commission (JSC) has been petitioned to review the conduct of two of its members following allegations that their actions may undermine public confidence in the Commission’s impartiality.

In a letter dated January 27, 2026 and addressed to JSC Chairperson Martha Koome, the Consumer Federation of Kenya (COFEK) urged the Commission to urgently examine concerns involving JSC Vice Chairperson Isaac Rutto and Commissioner Omwanza Ombati, citing possible breaches of constitutional and statutory standards for state officers.

According to the federation, Ruto’s attendance at overtly partisan political events and Ombati’s alleged bias during judicial interviews raise serious questions over adherence to the principles of integrity, impartiality and public accountability.

Rutto has come under intense public scrutiny after he was spotted attending the United Democratic Alliance (UDA) National Governing Council meeting at State House, Nairobi, on Monday. The appearance has reignited debate over the independence of the Judiciary and the appropriateness of a senior judicial official openly associating with a political party.

Social media users argued that his attendance crosses an ethical line and called for his resignation or for constitutional reforms to prevent similar situations in the future. One critic said constitutional principles require Ruto to step aside from the commission if he intends to pursue political interests, especially given the JSC’s ongoing role in interviewing judicial nominees.

Another user argued that it was unprecedented for a JSC commissioner to openly associate with a political party, warning that it could erode the independence of the Judiciary.

COFEK, in its letter, highlighted legal provisions potentially implicated by Ruto’s conduct, including Articles 10, 73, 75, and 232 of the Constitution, the Leadership and Integrity Act, 2012, and the Public Officer Ethics Act. The federation noted that the JSC’s central role in safeguarding judicial independence under Article 172 means even the appearance of partisan alignment by a Commissioner may compromise public confidence in its impartiality.

“Given the central role of the JSC in safeguarding judicial independence under Article 172, even the appearance of partisan alignment by a Commissioner may undermine public confidence in the Commission’s impartiality. We, therefore, respectfully urge the Commission to consider whether this conduct falls below the constitutional threshold for a JSC member,” the Federation said.

On Ombati, COFEK raised concerns over his role in judicial interviews. The federation cited credible information suggesting that a Court of Appeal judge may have been treated unfairly during the interview process, allegedly linked to a prior judicial decision unfavourable to Ombati.

“We have credible information suggesting that, during a recent interview process for Judges of the Court of Appeal, a candidate (who is a sitting Judge) may have been adversely treated in circumstances giving rise to a reasonable apprehension of bias, allegedly linked to a prior judicial decision unfavourable to Mr Ombati. We do not claim to represent that judicial officer, nor has a complaint been formally lodged with us by him; however, the integrity of the judicial appointments process is a matter of immense public interest,” reads the letter.

If confirmed, the Federation said such actions would contravene Articles 47, 50, 73, and 75 of the Constitution, the Judicial Service Act, and the Leadership and Integrity Act, as well as the common law principle nemo judex in causa sua, which underpins recusal standards.

To maintain public trust, COFEK urged the Commission to consider whether Ombati should temporarily recuse himself from future judicial interviews pending review. The federation also offered to present supporting evidence and transparently seek clarification from Ombati.

“Prompt and transparent consideration of these issues would reinforce public confidence in both the Commission and the Judiciary,” COFEK said, emphasising that its intervention aims not to prejudge individuals but to uphold the highest standards required under Chapter Six of the Constitution.