The Judicial Service Commission (JSC) has issued a statement addressing recent media reports and claims made by the Law Society of Kenya (LSK) regarding the handling of petitions and complaints against judges.
The statement was prompted by a headline published on November 25, 2024, in the Daily Nation titled, “Why 10 Judges Face Ouster Over Ksh. 3bn Land Feud.”
The JSC criticized the report as sensationalist and one-sided, asserting that it relied solely on the petitioner’s claims while exposing the judges involved to reputational harm.
“The article speculates on potential outcomes, including the implications of the removal of the said judges, while the matter is yet to be heard or determined by the Commission,” the JSC stated.
The commission clarified that the petitions in question were filed on October 11, 2024, and relate to a land case initiated in 1992 (HCCC 1219 of 1992).
The case has undergone hearings at all levels of the judiciary, involving both serving and retired judges.
The JSC called on media practitioners to uphold fairness and balance in reporting, emphasizing the importance of responsible journalism in maintaining public trust.
“While the JSC recognizes the critical role of the media in ensuring access to information, we urge practitioners to avoid agenda-setting aimed at disparaging institutions or creating unwarranted speculation,” the statement read.
The JSC also addressed concerns raised by the LSK regarding its involvement in judicial processes and the drafting of the JSC (Processing of Petitions and Complaints) Regulations 2024.
The commission highlighted that the LSK is constitutionally represented in the JSC and has actively contributed to the regulations’ development.
“It is misleading to suggest that the LSK has been excluded from the development of the draft regulations,” the JSC asserted, outlining a timeline of collaboration, including invitations for feedback, joint webinars, and the incorporation of comments from the LSK.
Reaffirming its dedication to judicial accountability, the JSC assured the public of its integrity and impartiality in handling complaints.
“We remain steadfast in upholding our constitutional mandate and strengthening public confidence in the administration of justice,” the commission stated.
The JSC also confirmed that the draft regulations are scheduled for public participation to ensure inclusivity and transparency, underscoring its commitment to engaging all stakeholders constructively.
“The LSK has not been locked out of any processes. To the contrary, the LSK has been consistently and actively involved,” the commission reiterated.
As the petitions against the ten judges proceed through the established legal processes, the JSC urged all parties to respect due process and avoid speculative narratives.
