NAIROBI, Kenya — The Judiciary has unveiled a raft of reforms aimed at strengthening accountability, tackling case delays, improving performance and combating corruption and misconduct while safeguarding judicial independence.
The reforms were announced in a joint communiqué issued by the Judicial Service Commission (JSC) and the Judiciary Leadership Team (JLT) and signed by Chief Registrar of the Judiciary and JSC Secretary Winfridah Mokaya.
The two institutions acknowledged concerns raised by court users, advocates and the wider public over delays in the delivery of justice, integrity, judicial and staff performance, responsiveness to complaints and transparency.
“The JSC and the JLT acknowledged the concerns raised by court users, advocates and the wider public regarding delays in the delivery of justice, integrity, judicial and staff performance, responsiveness to complaints and the need for greater transparency,” the communiqué stated.
Court leaders to face greater accountability
Under the reforms, heads of courts, heads of stations and other officials with supervisory responsibilities will be expected to take greater responsibility for the effective functioning of courts and stations under their leadership.
They will be required to take proactive measures to address case backlogs, delayed judgments and rulings, absenteeism, underperformance, misconduct and registry service challenges.
The move is intended to strengthen accountability at the leadership level and ensure problems affecting court users are addressed more promptly.
New framework on judicial misconduct
The JSC and JLT also said they would continue developing a framework for dealing with misconduct by Judges and Judicial Officers that warrants accountability but does not meet the constitutional threshold for removal from office.
“The JSC and the JLT will continue deliberations on strengthening the framework for addressing judicial misconduct, including conduct that may warrant accountability but does not meet the constitutional threshold for removal from office,” they said.
The institutions reaffirmed a “zero tolerance for corruption and misconduct” within the Judiciary.
Existing integrity and accountability structures will consequently be reviewed to clarify their mandates, eliminate duplication and strengthen coordination, follow-up and reporting.
The Judiciary will also deepen engagement with the Law Society of Kenya (LSK) and other justice-sector stakeholders to develop common approaches to professional integrity, corruption and misconduct across the justice chain.
Complaints system to be strengthened
The JSC said it would follow up with the National Assembly’s Committee on Delegated Legislation on the finalisation of the Complaint Handling Regulations.
The regulations are expected to establish a clear, predictable and procedurally fair system for handling complaints concerning Judges and Judicial Officers.
The Judiciary also committed to improving communication with court users and developing clearer mechanisms through which members of the public can submit and receive feedback on complaints, enquiries and representations.
Judicial independence not a shield for wrongdoing
The JSC and JLT reaffirmed that judicial independence must be protected, but stressed that the principle cannot be used to shield corruption, misconduct or incompetence.
The institutions said accountability and independence should therefore operate together, with measures designed to improve integrity without undermining the constitutional independence of the Judiciary.
The reforms come amid continuing public and professional concerns over the efficiency and integrity of the justice system, particularly delays in resolving cases and complaints involving judicial officers.
To ensure the commitments translate into action, the JSC and JLT said they would develop a joint implementation and accountability framework containing measurable actions.
Progress will be reviewed regularly, with responsible offices expected to account for implementation.
