A constitutional storm has erupted after Judicial Service Commission (JSC) Vice Chairperson Isaac Ruto was spotted attending a United Democratic Alliance (UDA) political meeting at State House, blatantly blurring the lines between the judiciary and the executive.

The image of a sitting JSC commissioner—tasked with hiring and disciplining judges—mingling at a ruling party strategy session has sent shockwaves through the legal fraternity. Critics argue this is a direct violation of Article 172 of the Constitution, which demands strict neutrality from officers of the commission to protect the independence of the judiciary.

The Breach of Faith

Isaac Ruto, a former Bomet Governor and seasoned politician, was appointed to the JSC in May 2023 to represent the public. However, his presence at the UDA National Governing Council meeting, chaired by President William Ruto, suggests his loyalty may lie with the party rather than the public interest. The Law Society of Kenya (LSK) has been swift to condemn the action, terming it "an act of impunity."

"You cannot sit in the body that determines the fate of judges while simultaneously taking marching orders from the President at a political rally," stated a senior constitutional lawyer. "It erodes public confidence. How can a judge expect a fair hearing from a commissioner who is an active player in the regime's politics?"

Calls for Resignation

The backlash has been immediate and fierce. Civil society groups and opposition leaders are demanding Ruto's immediate resignation or removal from the commission. They cite the need to insulate the judiciary from political capture, especially at a time when the courts are handling sensitive cases involving government policy.

• The Conflict: The JSC must remain impartial to ensure judges are appointed on merit, not political patronage.
• The Defense: Allies of the former governor argue he was attending as a "friend of the President," a defense legal scholars dismiss as constitutionally illiterate.
• The Precedent: This incident mirrors past attempts by the executive to encroach on the judiciary, raising fears of a return to the dark days of a compromised bench.

A Test for the Chief Justice

All eyes are now on Chief Justice Martha Koome, the Chairperson of the JSC. Her response to her deputy's indiscretion will define her tenure's stance on judicial independence. If the commission fails to censure Ruto, it risks validating the perception that it has become an extension of State House.

For Isaac Ruto, a politician known for his "mashinani" (grassroots) resilience, this may be one battle where political maneuvering cannot save him. The Constitution is clear, and the public is watching.