NAIROBI, Kenya — The Supreme Court of Kenya began hearing a pivotal case that could redefine the constitutional structure and independence of tribunals within the country’s justice system.
The case, filed as an appeal by the National Assembly and the State, challenges earlier court findings on whether tribunals should be formally integrated into the Judiciary and placed under the oversight of the Judicial Service Commission (JSC).
At the core of the dispute is the question of judicial independence — specifically, who should appoint, supervise, and discipline members of tribunals that perform quasi-judicial functions under various Acts of Parliament.
Legal experts say the outcome could have far-reaching implications for administrative justice, access to fair hearings, and the separation of powers as outlined under the Constitution of Kenya, 2010.
Article 159(1) of the Constitution vests judicial authority in courts and tribunals established by law, while Article 171 mandates the JSC to promote and safeguard the independence and accountability of the Judiciary.
Advocates for integration argue that placing tribunals under the JSC would strengthen institutional independence, curb executive interference, and promote consistency in the administration of justice.
On the other hand, the State and the National Assembly maintain that tribunals serve distinct administrative purposes and should remain within their respective ministries to ensure operational efficiency.
The Katiba Institute, which is closely following the case, described it as a test of Kenya’s constitutional commitment to an independent judiciary and the rule of law.
A ruling from the Supreme Court is expected to provide definitive guidance on the status, structure, and governance of tribunals — a decision that could reshape Kenya’s broader justice and administrative framework.
