NAIROBI, Kenya, Jun 14 — Former LSK President Nelson Havi has called for the disbandment and reconstitution of the Judicial Service Commission (JSC), arguing that sweeping reforms are necessary to restore public confidence in Kenya’s justice system amid heightened scrutiny of the Judiciary.
In a statement that has reignited debate over judicial accountability, Havi proposed dissolving the entire commission and reconstituting it, a move he said would also require the Chief Justice to leave office.
“Disband and reconstitute JSC. The CJ goes home and is replaced,” Havi stated.
The former LSK president also referenced the proposed Vetting of Judges and Magistrates Bill, 2027, which would subject judicial officers to periodic reviews every ten years.
He titled the proposed legislation as “An Act of Parliament to provide for the vetting of Judges and Magistrates after every ten years, for purposes of ensuring suitability to serve on account of competence, behavior and conduct.”
Havi’s remarks come amid growing public scrutiny of the Judiciary over its conduct, integrity, and handling of high-profile cases.
‘Weighty grounds’
His comments were echoed by Senior Counsel Ahmednasir Abdullahi, a long-time critic of the Judiciary, who argued that concerns about the courts can no longer be ignored.
“The integrity of our courts are challenged every day, and on sound and weighty grounds, yet no one has the guts or confidence to address these troubling incidents,” Ahmednasir said.
He warned that declining public trust in the courts poses a serious threat to the rule of law.
“The rule of law comes to a cul de sac when the citizenry don’t trust their courts. I have endlessly cried that we are doomed as a country if we don’t chase away JurisPESA judges. In Allah’s name let us chase them away!” he added.
The latest calls add to a long-running national debate on accountability within the Judiciary and the effectiveness of existing oversight mechanisms.
The Judicial Service Commission, established under Article 171 of the Constitution of Kenya, is mandated to promote and facilitate the independence and accountability of the Judiciary while ensuring the efficient, effective, and transparent administration of justice.
Operationalised under the Judicial Service Act of 2011, the commission is responsible for recruiting judges, handling disciplinary matters involving judicial officers, and safeguarding judicial independence.
Supporters of reform argue that stronger accountability mechanisms are necessary to restore public confidence, while critics caution that restructuring judicial institutions must not compromise the independence of the courts.
The Judiciary has not publicly responded to the latest remarks by Havi and Ahmednasir.
