The Judicial Service Commission (JSC) has responded to allegations by Kenya’s Commission on Administrative Justice (CAJ) concerning the transparency of its handling of complaints and petitions against judges, judicial officers, and staff.
In a statement issued on December 31, 2024, the JSC refuted the claims, emphasizing its dedication to transparency and constitutional principles.
The CAJ’s concerns, outlined in a letter dated December 23, 2024, were later made public through its social media platforms, a move the JSC criticized as undermining collaborative engagement between constitutional bodies.
“While we deeply value the CAJ’s mandate to address maladministration in the public sector and welcome constructive dialogue, we must respectfully clarify certain misrepresentations,” the JSC’s statement read.
The JSC highlighted its commitment to transparency by citing the publication of annual reports detailing the number, nature, and outcomes of complaints received, as required under Article 254 of the Constitution.
These reports, accessible on the JSC’s website, are supplemented by the Judiciary’s annual State of the Judiciary and Administration of Justice reports.
The JSC further noted that public engagements, such as its recent participation in a Justice Thursday interview on Spice FM, draw on this publicly available data.
Additionally, the JSC pointed to its ongoing collaboration with the CAJ through the Constitutional Commissions and Independent Offices (CCIO) forum.
It also referenced its joint work with the CAJ in drafting the Judicial Service (Processing of Petitions and Complaints Procedures) Regulations, currently undergoing public participation. These draft regulations are available online for public scrutiny.
However, the JSC expressed concern over the CAJ’s decision to escalate the matter via social media, describing the action as divisive.
“Mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle,” the JSC stated.
The Commission reaffirmed its constitutional independence under Article 249(1) and (2), emphasizing that this autonomy is essential to its impartiality and effectiveness.
It called on the CAJ and other stakeholders to prioritize unity and collaboration over divisiveness in the fight against corruption and the restoration of public confidence in the Judiciary.
“The JSC remains unwavering in its commitment to upholding transparency, accountability, and the rule of law,” the statement concluded, urging all parties to engage constructively and respectfully within constitutional frameworks.
