Kenya:Judicial Service Commission Rejects LSK’s Claims of Exclusion in Judiciary Reforms

By Samuel Ouma

The Judicial Service Commission (JSC) has denied claims by the Law Society of Kenya (LSK) that it has been marginalized in major judicial reform processes, calling the allegations inaccurate and unjustified.

In a statement issued on Tuesday, the JSC responded to complaints made in the LSK's recent statement on the State of the Judiciary and the Administration of Justice Report (SOJAR) 2023/2024, noting that the LSK has been an active participant in the commission's deliberations and processes.

“LSK is a key stakeholder in the justice sector and its involvement is already constitutionally enshrined under Article 171(2)(f) of the Constitution, which provides for the inclusion of two LSK representatives, one male and one female, in the JSC’s composition,” said the Judicial Service Commission.
The LSK had advocated more involvement in complaint gathering, collation, and investigation inside the judiciary. However, if fulfilled, the JSC said such demands would jeopardize the commission's independence.

‘Any additional involvement beyond what is already outlined in law would risk breaching the independence of the JSC. Furthermore, the LSK’s statement offers no specific instances where the JSC has failed to act; instead, it issues a blanket condemnation devoid of actionable details,” added JSC.
The commission also distanced itself from LSK’s allegations that it was excluded from formulating the Draft JSC (Processing of Petitions and Complaints) Regulations 2024.

According to the JSC, the LSK was the first stakeholder requested to provide feedback on the proposed regulations in July 2023. In December 2023, a joint webinar involving JSC and LSK members was organized to solicit more feedback on the draft.

Furthermore, the draft regulations will now be open for public comment to guarantee inclusion and openness.

The JSC further stated that most of the comments submitted by LSK members, including provisions for anonymous complaints, had already been incorporated into the regulations.