The Law Society of Kenya (LSK) now says it will set up a committee on collection of complaints against judicial officers and staff which will allow lawyers and members of public to channel their complaints to an independent entity other than the Judicial Service Commission (JSC).
LSK President Faith Odhiambo said JSC responses to complaints raised against judicial officers and other staff at the judiciary ‘left a lot to be desired’.
Ms Odhiambo also said that lawyers are concerned that when they raise complaints to the JSC no one pushes to have them addressed, they take too long to be handled, are ignored and that there is no mechanism for accountability.
“This is a decision of the (LSK) council arising from complaints received in the last two years with regard to conduct of judicial officers and court registry officers,” said Ms Odhiambo.
Ms Odhiambo made the remarks during the ongoing annual LSK conference being held at the Diamonds Leisure Beach and Golf Resort in Diani, Kwale county.
“Once in place, complaints will be simpler to lodge, easier to track and LSK will have a more robust mechanism of not only our own oversight role over the judiciary but also holding our representatives at the JSC accountable in fulfilling their mandate,” said Ms Odhiambo.
The decision by the LSK to form the committee is likely to draw criticism from the judiciary noting that it (judiciary) has its ombudsman who handles complaints against judicial officers and staff.
Chief Justice Martha Koome already faulted lawyers over unfair and unwarranted accusations of impropriety levelled against judicial officers without evidence.
The CJ said the accusations erode public confidence in the justice system, undermine the authority of courts, work of lawyers and the collective goal of entrenching the rule of law.
In a speech read on her behalf by Justice Olga Sewe at the conference, the CJ told lawyers that the capacity of JSC and judiciary ombudsman has been strengthened to ensure efficient processing of complaints and also bolster its investigative capabilities.
"I urge advocates to utilize these avenues to address any grievances or concerns they may have regarding court services," said the CJ.
However, LSK argues that it will use structures that are within the constitution in taking complaints before the JSC the only difference being it will be receiving (complaints) and investigating them.
Ms Odhiambo said that the LSK committee will compile complaints and also know their severity before they are submitted together with evidence.
“We will be sifting the complaints because our members have really complained against the state of corruption not only at the judiciary but also at the lands office,” said Ms Odhiambo.
She downplayed arguments that the committee will be overlapping the mandate of other entities such as the judiciary ombudsman saying there have been previous committees engaged in similar exercises.
Ms Odhiambo added that they have representatives at JSC hence they are confident that once they table complaints and evidence they will work as required noting that the commission makes a collective decision.
She further said that the committee will be the first important step towards fixing the growing issues in and around the judiciary.
LSK council member Tom K’Opere also noted that the committee will be able to know during transfers and promotions of judicial officers whether those transferred or promoted have issues or complaints against them
“We will be monitoring and also engage with the CJ and JSC through our representatives if there is an issue with one officer on why are they being transferred. When a complaint comes from LSK it will have more weight than from an individual person,” said Mr K’Opere.
The committee which will be headed by a Senior Counsel is expected to have representatives from all LSK branches across the country.
