NAIROBI, Kenya, Dec 24 – The Judicial Service Commission (JSC) has filed an appeal following a High Court decision suspending all petitions against judges, citing the absence of officially gazetted guidelines for handling complaints against members of the judiciary.
The High Court ruling temporarily halted the processing of complaints and petitions against judges, raising concerns over the mechanism for accountability and oversight within Kenya’s judiciary.
In response, the JSC argued that the decision undermines the constitutional mandate of the commission to receive and process petitions while ensuring transparency and discipline within the judiciary.
“While the Commission respects the authority, role and decisional independence of the courts, it registers its considered dissatisfaction with aspects of the judgment, which, in its assessment, constrain the discharge of the Commission’s constitutional mandate under Article 168,” JSC Secretary Winfridah Mokaya stated.
“The Commission assures the public, the Judiciary and all stakeholders that it remains fully committed to executing its responsibilities with independence, institutional integrity and strict fidelity to the Constitution.”
The commission has now lodged an appeal, urging the Court of Appeal to reinstate its authority to process judicial complaints.
The matter highlights ongoing debates about the need for clear, published procedures for lodging and handling complaints against judges, balancing judicial independence with public accountability.
The appeal is expected to be heard in the coming weeks, with stakeholders from the judiciary and legal community closely monitoring developments.
