A public disagreement has emerged between two critical Kenyan oversight bodies, the Judicial Service Commission (JSC) and the Commission on Administrative Justice (CAJ), over the handling of complaints against judicial officers. The dispute was triggered by a December 23, 2024, letter from the CAJ raising concerns about the JSC’s processes in addressing complaints related to judges, judicial staff, and other officers.
The CAJ, acting as the country’s ombudsman, expressed its concerns publicly, alleging that the JSC’s processes lacked transparency. In response, the JSC issued a strong statement defending its track record and emphasizing its commitment to openness. The JSC was particularly critical of the CAJ’s decision to issue an ultimatum through social media, questioning the approach taken instead of engaging directly in a more respectful and collaborative manner.
“The JSC believes that mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle,” the statement read. The JSC pointed out that the CAJ’s actions contradicted the spirit of cooperation that both bodies have historically maintained, particularly under the framework of the Constitutional Commissions and Independent Offices (CCIOs).
At the core of the disagreement is the transparency of the JSC’s complaint handling processes. The JSC emphasized that it has consistently met its constitutional obligation by publishing detailed annual reports that outline the nature, number, and outcomes of complaints. These reports, which are accessible on the JSC website, offer a level of public engagement that the JSC believes counters the allegations raised by the CAJ.
Furthermore, the JSC highlighted its ongoing collaboration with the CAJ, notably in the development of the Draft Judicial Service (Processing of Petitions & Complaints Procedures) Regulations. These regulations are currently under public consultation, a process that the JSC asserts is transparent and open to public scrutiny.
Despite these reassurances, the JSC underscored its constitutional independence, reminding both the CAJ and the public that the commission is not subject to control by any authority. “The JSC wishes to reiterate the provisions of Article 249(1) and (2) of the Constitution, which affirms the independence of JSC from control by any person or authority,” it stated.
This public exchange highlights ongoing scrutiny of the Kenyan judiciary’s performance and accountability. As the JSC works to enhance judicial efficiency and public trust, it remains committed to transparency and cooperation with all stakeholders in the pursuit of a fair and effective justice system.
