The Judicial Service Commission (JSC) has swiftly responded to the Law Society of Kenya’s (LSK) recent allegations that it was excluded from the development of the Draft JSC (Processing of Petitions and Complaints) Regulations 2024. The JSC issued a statement on Tuesday, dismissing these claims as misleading and reaffirming the LSK’s integral role as a key stakeholder in the country’s justice sector.
In its response, the JSC emphasized that the LSK’s involvement in the development of the regulations was not only constitutionally mandated but was also consistent with its longstanding relationship with the Commission. The JSC outlined that LSK representatives, both male and female, are active members in its deliberations, thus playing a crucial role in shaping judicial processes in Kenya.
“It is misleading to suggest that the LSK has been excluded from the development of the Draft JSC (Processing of Petitions and Complaints) Regulations 2024,” the JSC’s statement reads. This strong rebuttal followed LSK’s earlier claims made in their comments on the State of the Judiciary and the Administration of Justice Report (SOJAR) 2023/2024, in which they expressed concerns over not being sufficiently included in the drafting process of the regulations.
The JSC questioned LSK’s call for further involvement in the collection and inquiry of complaints beyond the legal framework, pointing out that such an expanded role could undermine the independence of the Commission. The statement suggested that the LSK’s broad condemnation lacked specific instances of alleged failure on the part of the JSC, which the Commission considered a rather generalized criticism.
In an effort to address the concerns raised, the JSC highlighted several key actions demonstrating its ongoing engagement with the LSK in the regulations’ development process:
- Initial Feedback Request (July 2023): The JSC pointed out that the LSK was the first stakeholder to be invited to provide feedback on the draft regulations in July 2023. This invitation was a clear indication of the Commission’s commitment to inclusivity and transparency.
- Joint Webinar (December 2023): A joint webinar between the JSC and the LSK was held in December 2023 to further discuss the draft regulations and gather additional feedback. The webinar saw significant participation from LSK members, underscoring the active involvement of the LSK in the regulatory process.
- Incorporation of LSK Feedback: The JSC also noted that many of the LSK’s suggestions during the webinar, including the inclusion of anonymous complaints, were incorporated into the draft regulations. This development was presented as evidence of the Commission’s responsiveness to LSK’s input and its collaborative approach to drafting the regulations.
- Public Participation Process: The JSC emphasized that, as required by law, the draft regulations are now slated for public participation. This step is crucial to ensure broader involvement and transparency, and it reinforces the JSC’s commitment to inclusive policymaking.
In its closing remarks, the JSC reiterated its stance that the LSK had not been excluded from any stage of the process. On the contrary, the Commission has been engaged in continuous dialogue with the LSK, recognizing the body as a vital partner in the administration of justice. The JSC stressed that it remains committed to engaging all stakeholders, including the LSK, in an honest and constructive manner.
“The JSC remains committed to building a transparent and accountable judiciary,” the statement concluded. “The LSK, as a critical partner, plays a significant role in this process, and the Commission values its input in shaping the future of Kenya’s judicial system.”
This public exchange highlights the ongoing tensions between the two bodies over their roles in shaping judicial regulations. While the LSK may feel marginalized at times, the JSC maintains that it has consistently engaged the body, and their relationship remains foundational to the progress of the justice sector. The upcoming public participation phase will likely provide further opportunities for all stakeholders, including the LSK, to contribute to the final version of the regulations.
