ESTABLISHMENT

The Judicial Service Commission is established under Article 171 of the Constitution of Kenya and operationalized by the Judicial Service Act No.1 of 2011.

HISTORY

The origins of the JSC can be traced to pre-independence days Judicial Council comprised of the Chief Justice (CJ) and four (4) members appointed by the Governor-General (two from the Supreme Court recommended by the CJ and two on recommendations of the Public Service Commission). In 1963, the Council transited to the Judicial Service Commission established under Section 68 (1) of the 1963
Independence Constitution to advise on the appointment of judges and to appoint and discipline the Registrar of the High Court, Magistrates, Kadhis, and other employees of the Judiciary.

Membership of the Commission comprised the Chief Justice as the Chairperson, two Judges designated by the President from the Court of Appeal and High Court, the Attorney General, and the Chairperson of the Public Service Commission. The Service Commissions Act, Cap 185 of the Laws of Kenya provided that the Secretary of the JSC and the staff necessary to discharge the functions of JSC be appointed by the Public Service Commission. However, the Commission faced several challenges, including interference with judicial independence.

The Commission membership was drawn entirely from the Government, and the appointment of the Chief Justice did not require the recommendation of the Commission. Further, the Commission did not have its independent Secretariat.

The 2010 Constitution under Article 171 established JSC as an independent body subject only to the Constitution and the law and not to the direction and control of any person or authority. The Constitution addressed the shortcomings concerning the functions, independence, and composition of the previous JSC.