The High Court has dismissed a Petition and an application that sought the suspension of a Member of the Judicial Service Commission (JSC).
In its ruling, the High Court agreed with the National Assembly’s argument that the petition had been filed prematurely, as the matter was still under consideration by the House.
The Applicant; Mr. Eric Muriuki Mwirigi, had asked the Court to suspend JSC Commissioner and Vice-Chairperson Hon. Isaac Rutto pending conclusion of a petition in which he (Mr. Mwirigi) had filed in the National Assembly for the Commissioner’s removal on account of alleged political partisanship.
In his ruling, Justice Bahati Mwamuye agreed with a preliminary objection raised by the National Assembly against the said application, on account that the House was yet to dispense with two Petitions before it on the matter; including one by Mr. Mwirigi himself.
The judge thus admitted the National Assembly’s preliminary objection and dismissed the application and asked all parties to bear their respective costs.
The National Assembly, had in its submissions argued that the said application before Court was premature, and that issuing any of the prayers sought would interfere with active Parliamentary proceedings.
“The Petition is non-justiciable having been instituted contrary to the doctrine of ripeness, justiciability, constitutional avoidance, principle of separation of powers, and the doctrine of exhaustion,” argued the National Assembly.
The National added: “To that extent, the Petitioners’ Notice of Motion and Petition are speculative and deal with prospective anticipatory circumstances rather than current or probable events.
In the Petition before the national Assembly Mr. Mwirigi has accused Hon. Rutto of alleged display of political partisanship arising from a meeting of the ruling United Democratic Alliance (UDA) National Governing Council held on 26th January 2026.
“This Honourable Court lacks therefore jurisdiction to hear and determine the Petition and the Application as the issues raised are actively under consideration by the National Assembly”, argued the House in its affidavit.
Article 251(2) of the Constitution vests the National Assembly with the exclusive mandate to consider petitions for removal of office of any member of a constitutional commission on any of the grounds specified under Article 251(1) of the Constitution.
By Anthony Solly
