JSC Defends Judicial Accountability Record, Opposes LSK Boycott of Court Proceedings

NAIROBI, Kenya Jul 31 – The Judicial Service Commission has defended its record on judicial accountability, revealing it has received 506 petitions and complaints against judges and judicial officers this year alone, while warning that the Law Society of Kenya (LSK) planned boycott of selected courts risks disrupting access to justice.

In a statement issued after a consultative meeting with the LSK and the Senior Counsel Bar, the Commission said concerns about judicial accountability are legitimate but stressed that its ongoing disciplinary work must be viewed in its proper context.

The JSC disclosed that of the 506 complaints received in 2026, 417 have already been processed, while the remaining cases are at different stages of the disciplinary process, including formal hearings and responses from affected judicial officers.

According to the Commission, all complaints are handled in strict compliance with the Constitution and the Judicial Service Act to guarantee fairness and due process.

The Commission further highlighted its disciplinary record, noting that since 2011 it has recommended the removal of 10 judges and the appointment of constitutional tribunals to investigate their conduct. Of those cases, four judges were ultimately removed from office, demonstrating the Commission’s commitment to enforcing integrity and accountability within the Judiciary.

The JSC also outlined reforms aimed at improving transparency, including plans to publish individual performance data for judges and judicial officers for the first time in Kenya’s history.

Although the initiative is currently the subject of court proceedings, the Commission said the Judiciary is validating the data in readiness for publication once the litigation is concluded.

It added that the move would enhance public scrutiny and institutional accountability while reinforcing confidence in the justice system.

The Commission also pointed to its annual Court Performance Reports, which assess the performance of courts across the country.

According to the latest report for the 2024/2025 financial year, the Supreme Court of Kenya emerged as the best-performing court with a 96.3 per cent score after recording a 103 per cent Case Clearance Rate, reducing its backlog by 57 per cent and maintaining full registry efficiency.

The Court of Appeal of Kenya scored 84.97 per cent, while the High Court of Kenya achieved 86.8 per cent despite facing increasing caseloads.

The Employment and Labour Relations Court, Environment and Land Court, Magistrates’ Courts, Kadhi Courts and various tribunals were also rated as performing well, although the Commission acknowledged that expanding workloads and staffing shortages continue to affect some courts.

The Commission also announced that the Judicial Service (Petition for Removal of a Judge) (Procedure) Regulations, 2026 have been submitted to Parliament.

It said the proposed regulations establish a transparent and predictable framework for handling petitions seeking the removal of judges and were developed following extensive consultations with stakeholders, including the Law Society of Kenya and the Senior Counsel Bar.

Responding to the LSK’s planned boycott of selected judges and judicial officers, the Commission warned that disrupting court proceedings undermines rather than strengthens judicial accountability.

The JSC said reports that court sessions had been deliberately disrupted under the guise of enforcing the boycott were deeply concerning.

According to the Commission, such actions inconvenience litigants, delay the determination of cases and undermine every Kenyan’s constitutional right to have disputes heard fairly and without unreasonable delay.

Despite the disagreement over the boycott, the JSC and the Law Society of Kenya pledged to strengthen cooperation in combating corruption and unethical conduct within both the Judiciary and the legal profession.

The Commission said the two institutions would encourage the reporting of credible complaints and ensure all allegations are investigated promptly, fairly and in accordance with the law.

It also condemned the intimidation, cyberbullying and personal attacks directed at judges, judicial officers, Judiciary staff and advocates, saying criticism of the justice system should remain factual, respectful and responsible.

The Commission reiterated that the Constitution provides a clear mechanism for handling complaints against judges through the Judicial Service Commission, warning that extra-constitutional measures cannot replace established legal processes.

JSC Chairperson Martha Koome said the Judiciary would continue discharging its constitutional mandate without fear or favour while strengthening integrity, transparency and accountability.

She assured Kenyans that the Judiciary remains committed to delivering fair, impartial and people-centred justice, while protecting the independence of judges and judicial officers as a cornerstone of the rule of law.

Leave a Reply