The Commission on Administrative Justice (CAJ) has issued a 21-day ultimatum to the Judicial Service Commission (JSC) to publish all complaints filed against judges and their outcomes.
This directive aims to enhance transparency and accountability within the Judiciary, following public concerns over unresolved complaints.
In a notice dated December 24, CAJ instructed the JSC to submit a detailed compliance report, including an analysis of the complaints and their resolutions. The move follows a damning interview with Jacqueline Ingutiah, the Female Representative of the Law Society of Kenya (LSK), who raised alarms on Spice FM regarding the lack of consequences for judges with unresolved complaints.
According to statistics revealed during the interview, 935 cases had been lodged against judges since the JSC’s establishment in 2011. Of these, 862 were resolved, leaving only 73 cases pending. However, a significant 772 complaints were dismissed based on “decisional independence,” accounting for 82.5% of all claims filed.
The CAJ’s notice emphasizes the need for a more transparent process in handling these complaints. The Commission cited Article 35 of the Constitution, which guarantees the public’s right to access information, urging the JSC to publish detailed information about the complaints. The report should include the number of complaints, the nature of each, timelines, and the outcomes, including decisions on specific cases.
The call for increased transparency comes at a time when calls for Chief Justice Martha Koome’s resignation are growing, with some senior counsels, including former LSK President Nelson Havi, accusing the Judiciary of corruption within the Supreme Court.
As the deadline approaches, all eyes are on the JSC to comply with CAJ’s order and restore public trust in Kenya’s Judiciary.
