JSC faults ombudsman's ultimatum on complaints against Judiciary
The Supreme Court building in Nairobi.
What you need to know:
- The ombudsman had on December 24 given JSC 21 days to publish complaints and petitions lodged against judicial offices.
- The Judiciary has come under sharp focus in the recent past as key stakeholders criticize it over allegations of corruption.
The Judicial Service Commission (JSC) has expressed displeasure over an ultimatum issued by Commission on Administrative Justice (CAJ) for it to publish a list of complaints filed against judicial officers within 21 days.
In a statement, the JSC said it was concerned that the CAJ chose to issue the ultimatum through social media.
The ombudsman had on December 24 given the JSC 21 days to publish the complaints and petitions lodged against judicial offices, the responses received, analysis of issues and their determination, and submit a compliance report in accordance with Section 5 of the Access to Information Act.
In response, the JSC said it had consistently demonstrated its commitment to transparency by publishing detailed information on the number, nature and outcomes of complaints and petitions received, in its annual reports as required by the Constitution.
“The JSC believes that mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle and is therefore deeply concerned that the CAJ chose to issue an ultimatum through the social media,” said JSC in the statement.
The further said cited Article 249(1) and (2) of the Constitution, which affirms the independence of JSC from control by any person or authority, stating that the independence is essential for the effective and impartial fulfillment of its mandate.
The statement added that the fight against corruption and the quest to restore public confidence in the Judiciary demand unity and not divisiveness.
“The JSC remains unwavering in its commitment to upholding transparency, accountability and the rule of law and wishes to encourage the CAJ as well as other stakeholders to engage with JSC in the spirit of good faith, collaboration and respect for constitutional processes,” added the statement.
The JSC said the reports are readily accessible on the JSC website and are complemented by the State of the Judiciary and Administration of Justice reports published annually on the Judiciary’s website.
The Judiciary has come under sharp focus in the recent past as Law Society of Kenya (LSK), among other stakeholders criticize it over the allegations of corruption.
The commission further took issue with a statement issued by the Law Society of Kenya (SLK) last week saying the statement offers no specific instances where the JSC has failed to act, and instead issued a blanket condemnation devoid of actionable details.
The LSK through its president Faith Odhiambo said in the statement in November that there are credible allegations of institutionalised corruption within the Judiciary, which was increasingly undermining public confidence and trust.
“Surveys and persistent complaints from our members point at a complacent Judiciary that cannot defend itself from allegations of runaway corruption within its ranks,” she said.
But in response, the JSC said the statement offers no specific instances where the JSC has failed to act, and instead issued a blanket condemnation devoid of actionable details.
“The JSC reaffirms its unwavering commitment to promoting and facilitating the accountability of the Judiciary,” the JSC said, adding that all petitions and complaints will continue to be handled with the highest level of integrity, impartiality, and adherence to due process.
