Commission dismisses calls to bar Vice Chair from recruitment panel, sparking fresh debate on judicial independence and political neutrality.

The Judicial Service Commission (JSC) has thrown a protective ring around its Vice Chairperson, Isaac Ruto, declining to bar him from the ongoing recruitment of judges. The decision comes amidst a storm of petitions and public outcry following Ruto’s attendance at a United Democratic Alliance (UDA) National Governing Council meeting at State House. Critics argue that his presence at the ruling party’s high table compromises the neutrality required to select the next custodians of Kenyan justice.

The controversy erupted after photos circulated showing Ruto, a former Governor turned JSC commissioner, seated among UDA stalwarts. For a commission whose mandate is to insulate the judiciary from political interference, the optics were damaging. Yet, both the JSC and the courts have declined to issue interim orders stopping him from participating in the interviews for Supreme Court and High Court judges.

The Battle for Perception

The petitions, filed by concerned lawyers and civil society groups, hinge on Article 251 of the Constitution, citing "gross misconduct" and a violation of the code of conduct for state officers. They argue that a judge interviewed by a politically active commissioner starts their tenure with a deficit of public trust.

• The Defense: Sources within the commission suggest that barring a commissioner without a formal removal process would set a dangerous precedent.
• The Stakes: The current recruitment is critical, filling vacancies in the superior courts that will likely adjudicate disputes involving the very government Ruto is accused of cozying up to.

A Crisis of Confidence?

Legal scholars warn that this decision puts the JSC in a precarious position. "The appearance of bias is as damaging as bias itself," noted a constitutional lawyer. By allowing Ruto to sit on the panel, the JSC is gambling with the legitimacy of the outcome.

As the interviews proceed, the shadow of politics looms large over the process. Isaac Ruto remains in the room, but the question outside is whether the blindfold of Lady Justice has slipped.