A public disagreement has emerged between two key Kenyan oversight bodies, the Judicial Service Commission (JSC) and the Commission on Administrative Justice (CAJ), over the handling of complaints against judicial officers.
The JSC in a statement on Tuesday has issued a strong response to concerns raised by the CAJ, defending its record on transparency and expressing concern over the CAJ’s public approach.
“The JSC believes that mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle and is therefore deeply concerned that the CAJ chose to issue an ultimatum through the social media.” Read part of a statement.
The dispute centres on a letter from the CAJ, dated December 23, 2024, which raised concerns about the JSC’s processes for handling complaints against judges, judicial staff, and other officers. The JSC acknowledged the letter, which was subsequently shared on social media by the CAJ, but has taken issue with what it called “misrepresentations” contained within it.
In their statement JSC emphasized its commitment to open communication and accountability and pointed to the publication of detailed information on the nature and outcomes of complaints in its annual reports, as mandated by the Constitution. Adding that the reports, available on the JSC website, are complemented by the Judiciary’s own annual reports.
The JSC also highlighted its engagement with the public through various platforms, including recent media appearances.
” The JSC has consistently demonstrated its commitment to transparency by publishing detailed information on the number, nature and outcomes of complaints and petitions received, in its annual reports as required
under Article 254 of the Constitution. These reports are readily accessible on the JSC website and are complemented by the State of the Judiciary and Administration of Justice reports published annually on the
Judiciary’s website. Public engagements, such as the recent interview on Spice FM’s Justice Thursday, draw directly from this publicly available data.” Added the statement
The JSC further emphasized its existing collaborative relationship with the CAJ within the framework of the Constitutional Commissions and Independent Offices (CCIOs). It cited joint work on the development of draft regulations concerning the processing of petitions and complaints, which are currently undergoing public consultation and are accessible online.
“The JSC has had a collaborative engagement with the CAJ under the Constitutional Commissions and Independent Offices (CCIO’s) forum and has closely worked with CAJ during the development of the Draft Judicial Service (Processing of Petitions & Complaints Procedures) Regulations that are currently undergoing public participation.” Read the statement.
The JSC expressed its unease with what it described as an “ultimatum” delivered by CAJ through social media , stressing the importance of mutual respect and collaboration between constitutional bodies.
” The JSC believes that mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle and is therefore deeply concerned that the CAJ chose to issue an ultimatum through the social media,” said the statement.
The JSC reiterated its constitutionally enshrined independence, emphasizing that it is not subject to control by any other 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. This independence is essential for the effective and impartial fulfillment of the Commission’s mandate.” Added the statement.
The JSC concluded its statement by reaffirming its dedication to transparency, accountability, and the rule of law and called for constructive engagement with the CAJ and other stakeholders, urging a spirit of good faith and respect for established constitutional processes.
The statement stressed the need for unity in the fight against corruption and in restoring public confidence in the judiciary.
Read more-> Ombudsman challenges Judiciary to enhance transparency
The public exchange comes against a backdrop of ongoing scrutiny of the Kenyan judiciary’s performance and accountability. The JSC is currently expected to submit a compliance report, likely related to broader efforts to enhance judicial efficiency and public trust.
The CAJ, as Kenya’s ombudsman, plays a vital role in investigating maladministration within public institutions, including the judiciary.
