NAIROBI, Kenya – The Judicial Service Commission (JSC) has disclosed that it has processed 946 complaints against judges since its inception, forwarding 10 cases to the President for tribunal hearings and dismissing 210 judicial staff members for misconduct.
Speaking during a simulcast on NTV and Nation FM, JSC Vice-Chairperson Isaac Ruto explained that while the commission can directly discipline judicial staff, judges must undergo a tribunal process before any action can be taken.
He cited a recent case in which a judge was acquitted and returned to work, highlighting that established procedures are being followed.
“The tribunal process is clear. Procedures are in place, and they are being observed,” Ruto said.
The vice-chairperson added that the JSC is drafting new regulations to guide the complaints process, with public participation already underway to ensure transparency.
“We may be late in doing this, but we’ve started,” he said, emphasizing that the regulations will help Kenyans understand how complaints are received, reviewed, and concluded.
Ruto also acknowledged that the judiciary has historically been “tidy with information,” urging the media and public to give the JSC more opportunities to explain its work.
“For quite some time, the judiciary has tended to be a bit reserved with information. You can question us, especially the JSC, because the judiciary itself has already done some work in opening its doors to the public,” he said.
Justice Fatuma Sichale, Court of Appeal representative at the JSC and chair of the complaints committee, said that as of July 29, 95 complaints were still pending before the commission.
Of these, 56 are under initial review, nine are before panels, 23 have prompted responses from judges, and one has been completed and awaits a report to the full commission.
Contrary to public perception, Sichale said the backlog is limited. “People may think there are many matters pending, but there are only 95. Going forward, we want to be real-time so that litigants don’t wait indefinitely and judges don’t have charges hanging over their heads,” she said.
She added that 94 percent of complaints received in the last two years concerned the merits of cases, with only six percent raising actionable issues.
Both commissioners pointed to significant growth in the judiciary under the 2010 Constitution.
The Supreme Court and specialised courts such as the Environment and Land Court and the Employment and Labour Relations Court have been established, the Court of Appeal has expanded from nine to 28 judges, High Court judges now number 98 out of a possible 200, and Kadhis total about 45.
Digital transformation has also accelerated, with e-filing, virtual hearings, and regular judicial returns becoming part of daily operations.
Reflecting on past practices of arbitrary judicial harassment, Ruto said: “When you look at what was happening before, that is certainly not what we are seeing now. It is quite a distance.”
