The Judicial Service Commission (JSC) is considering new rules to hold judges accountable for misconduct that may not meet the constitutional threshold for their removal from office.

🇰🇪 Breaking It Down

The proposal was announced on Friday, August 14, after the JSC and Judiciary Leadership Team held joint deliberations on accountability, integrity, performance, and public confidence in the justice system.

The move comes weeks after the Law Society of Kenya (LSK) led lawyers in a nationwide court boycott over concerns about judicial accountability, alleged corruption, case delays, and the handling of complaints against judges and judicial officers.

The lawyers later targeted 12 judges and one magistrate after accusing them of being linked to court orders that had halted investigations by the JSC and the Ethics and Anti-Corruption Commission.

📌 What You Need to Know

In its latest communiqué, the JSC said it would continue discussions on “strengthening the framework for addressing judicial misconduct”.

According to JSC, this includes conduct that may warrant accountability but does not meet the constitutional threshold for removal from office.

However, JSC stressed that judicial independence must be protected, saying no judge should face disciplinary action merely because of an unpopular judicial decision.

“At the same time, judicial independence cannot be invoked to shield corruption, misconduct, incompetence, or other conduct inconsistent with the Constitution and the judicial oath,” the JSC said.

The JSC and Judiciary said they would also work towards "clearer and complementary statutory and institutional frameworks”.

Under their proposal, defining their respective responsibilities, including through legislative reforms where necessary.

📰 Source: Kenyans.co.ke