The Judicial Service Commission (JSC) on Monday, January 15 reassured Kenyans of its commitment to independence, accountability and transparency in its constitutional mandate.

In a press conference that came in the wake of President William Ruto’s sustained attacks on the Judiciary, the JSC — led by Chief Justice Martha Koome — said that all judicial officers were aware that transparency, diligence, and upholding the rule of law are paramount in guiding the proper conduct of their duties and fostering public trust in the legal system they represent.

With regards to the President’s blanket condemnation of the Judiciary, CJ Koome emphasized that judges can be removed from office only on specific grounds; inability to perform the functions of office arising from mental or physical incapacity; a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; bankruptcy; incompetence; or gross misconduct or misbehaviour.

“Where any or some of these grounds are alleged, the concerned Judge is entitled to due process before an independent tribunal is appointed to inquire into the alleged grounds. Similarly, should the tribunal recommend removal, the Judge has the right to challenge the decision of the Tribunal through an appeal process to the Supreme Court,” CJ Koome said.

Complaints/petitions against Judicial officers

In 2023, JSC received 72 petitions/complaints against judges. According to data from the JSC, 13 of these petitions/complaints were dismissed since they were touching on the merits of decisions which should be redressed by way of appeal or review and therefore outside the jurisdiction of the Commission.

Six (6) judges were asked to respond to the petitions out of which, four (4) petitions were admitted for hearing. Forty-nine (49) are undergoing preliminary evaluation by the Commission.

CJ Koome noted that three judges left the Judiciary in 2023; one (1) judge opted to exit the service through early retirement while two (2) were subjected to the tribunal process established by the constitution and have since been removed from the judicial service.

In the last two financial years, the Commission says it considered 85 disciplinary cases against judicial officers and staff. Two (2) judicial officers were dismissed from service while five (5), owing to the evidence provided and a thorough consideration by the Commission were absolved and reinstated back to the service.

The CJ added that two (2) cases against judicial officers are pending determination by the Commission, while 71 judicial staff were dismissed from the service while 5 were reinstated.

CJ Koome: It’s regrettable

The JSC, through CJ Koome, regrets that the recent utterances and threats against the judiciary by President Ruto and MPs allied to him are “monumental assault” to the Constitution, rule of law and stability of the nation and can lead to chaos and anarchy.

“The declaration that they will no longer obey Court Orders and the subsequent actual defiance of the Orders granted by the Courts are untenable and amount to contempt of court. Allowed to continue unabated, we are on the precipice of a constitutional crisis that can lead to untold civil strife. The Judiciary and JSC cannot countenance this and will not be part of it,” a tough-talking CJ Koome added.