NAIROBI, Kenya Jul 15 – A petition has been filed at the High Court seeking to stop the Judicial Service Commission (JSC) from publishing individual performance data of judges and judicial officers, with the petitioner arguing that the move threatens judicial independence and lacks a legal framework.
The petitioner, Duncan Kariuki, wants the court to certify the matter as extremely urgent and issue interim orders barring the JSC and its Secretary from releasing the performance data pending the hearing and determination of the case.
According to court documents filed through Gathenji & Co. Advocates, Kariuki argues that the planned publication of the data, expected to begin on July 15, 2026, has no statutory or policy framework to guide how the information will be collected, analysed and made public.
He contends that the intended publication is not anchored in any law or regulations and amounts to an unlawful exercise of power by the respondents.
The petitioner is also seeking certification of the case as one raising substantial constitutional questions under Article 165(4) of the Constitution, paving the way for it to be heard by a bench comprising an uneven number of judges.
Court papers indicate that the decision to publish individual performance data was announced during the declaration of the successful candidate for the vacant Supreme Court judge position, despite there being no prior agenda, policy or board resolution on the matter.
Kariuki maintains that the performance evaluation of judges and judicial officers should only be undertaken within the framework provided under the Judicial Service Act and through regulations developed in accordance with the law, rather than through a public announcement or press release.
The petition further argues that publishing individual performance data without clear guidelines would expose judges and judicial officers to undue pressure, compromise their independence and encourage competition based on the number of cases handled rather than the quality of judicial decisions.
According to the court filings, judicial officers have no absolute control over factors such as adjournments, availability of court facilities, illness or other circumstances that may affect the pace at which cases are concluded, making individual performance statistics potentially misleading.
The petition also cites international principles on judicial independence, including the Basic Principles on the Independence of the Judiciary and the Nauru Declaration on Judicial Well-being, arguing that the proposed publication could undermine impartial decision-making and negatively affect the administration of justice.