The Judicial Service Commission is an Independent Commission established under Article 171 of the Constitution of Kenya and operationalized by the Judicial Service Act No. 1 of 2011.
The mandate of the Commission as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice.
Under Article 172 of the Constitution:
I. Recommend to the President persons for appointment as Judges.
II. Review and make recommendations on condition of service for Judges, Judicial Officers and Staff of the Judiciary (other than their remuneration)
III. Receive complaints against, investigate and remove from office or otherwise disciplining registrars, magistrates, other judicial officers and other staff of the Judiciary.
IV. Prepare and implement programmes for the continuing education and training of Judges and Judicial Officers.
V. Advise the National Government on improving the efficiency of the administration of Justice.
VI. Receive and consider petitions for the removal from office of Judges under Article 168 of the Constitution.
Any person. However, a complainant/petitioner may authorize any person including a legal representative to lodge the petition on their behalf.
Judge, Judicial Officer (Magistrates, Kadhis, Registrars), Judicial Staff (Judiciary & JSC), or a Court Station
Six (6) months. The Commission may extend the period depending on the circumstances and complexity of the complaint/petition
The Commission shall upon receipt of the complaint/petition acknowledge receipt.
The Commission shall upon consideration of the complaint/petition communicate the outcome to all the parties.
1. The Petition may be dismissed or
2. The Commission may forward the petition to the President to appoint a tribunal to inquire into the matter and make binding recommendations to the President.
1. Complaint may be dismissed or
2. Judicial officer or Judicial staff may be reprimanded, severely reprimanded, dismissed from judicial service or retired in public interest.
The process of handling complaints/petition against judges, judicial officers and staff is confidential.
The Commission shall not victimize any person for lodging a complaint/petition against a judge, judicial officer, or judicial staff.
The Commission allows the filing of anonymous complaints/petitions.
Any complainant /petitioner who is apprehensive of being victimized my seek protection from the relevant government agencies.
Complainants/petitioners are discouraged from lodging malicious, frivolous, vexatious and untruthful allegations against judges, judicial officers, and judicial staff
A complainant/petitioner who is dissatisfied with the decision of the Commission upon hearing and final determination has no right of appeal.
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