JSC vs. High Court: A Turning Point for Judicial Accountability in Kenya

JSC vs. High Court: A Turning Point for Judicial Accountability in Kenya

By Bruno Aero Family Media Staff Writer

Law Society of Kenya (LSK)  President Faith Odhiambo has set a progessive a

 landmark case pitting the Judicial Service Commission (JSC) against the High Court is nearing its final determination, with the outcome expected to shape the future of judicial accountability in Kenya. The case, which has garnered significant attention from the legal community, revolves around the JSC's powers to investigate and discipline judges.

The High Court had ruled that the JSC cannot process petitions against judges without gazetted regulations, citing the need for transparency and fairness. However, the JSC has appealed this decision, arguing that it undermines its constitutional mandate to ensure judicial accountability. ¹ ² ³

The Law Society of Kenya (LSK) President Faith Odhiambo has also weighed in, expressing disagreement with the High Court's ruling and emphasizing the need for clear procedures to govern the JSC's handling of complaints against judges. The LSK argues that procedural gaps should not paralyze constitutional accountability mechanisms. ⁴

The JSC, led by Chief Justice Martha Koome, maintains that it has a constitutional duty to safeguard judicial independence while ensuring accountability. The Commission's appeal seeks clarity on the interpretation and application of Article 168, which governs the removal of judges. ⁵

As the appeal is set to be heard, stakeholders are watching closely, recognizing that the outcome will have far-reaching implications for Kenya's judiciary. Will the High Court's limitations on the JSC be upheld, or will the Commission's powers be reinstated The answer is expected later this month.

 JSC's proposed amendments to address judicial misconduct or the LSK's stance on judicial accountability