NAIROBI, Kenya – The Judicial Service Commission (JSC) has dismissed allegations by the Law Society of Kenya (LSK) that it was sidelined in the drafting of the 2024 JSC (Processing of Petitions and Complaints) Regulations.
In a statement released Tuesday, the JSC reaffirmed the LSK’s integral role in its operations, describing the claims as “misleading.”
The Commission emphasized that the LSK, which has representatives within the JSC, has been actively involved in the development of the draft regulations.
“The LSK is a key stakeholder in the justice sector, and its involvement is not only welcomed but also constitutionally mandated,” the statement read.
The controversy arose after the LSK, in its review of the State of the Judiciary and the Administration of Justice Report (SOJAR) 2023/2024, accused the JSC of excluding it from key processes, particularly in formulating the new draft regulations.
In its response, the JSC criticized the LSK’s demands for expanded involvement, arguing that such a move could jeopardize the Commission’s independence.
Additionally, the JSC noted that the LSK’s blanket criticisms lacked concrete examples of alleged failures.
The Commission highlighted four key instances of LSK engagement in the regulation drafting process: In July 2023, the LSK was the first stakeholder approached for feedback on the proposed regulations, collaborative webinar held in December 2023 provided further opportunity for input, with LSK members offering substantive contributions, the JSC integrated several LSK recommendations into the draft, including provisions for handling anonymous complaints and the JSC reiterated that the draft regulations are set to undergo a public participation process, ensuring transparency and inclusivity.
“The JSC reaffirms that the LSK has not been excluded from any processes. On the contrary, the LSK has been consistently and actively involved,” the statement emphasized.
While rejecting the exclusion claims, the JSC reiterated its recognition of the LSK as a crucial partner in strengthening Kenya’s judicial system.
The Commission pledged to continue engaging stakeholders in a “constructive and honest” manner, underscoring the importance of mutual cooperation in fostering judicial accountability and transparency.
In a statement released Tuesday, the JSC reaffirmed the LSK’s integral role in its operations, describing the claims as “misleading.”
The Commission emphasized that the LSK, which has representatives within the JSC, has been actively involved in the development of the draft regulations.
“The LSK is a key stakeholder in the justice sector, and its involvement is not only welcomed but also constitutionally mandated,” the statement read.
The controversy arose after the LSK, in its review of the State of the Judiciary and the Administration of Justice Report (SOJAR) 2023/2024, accused the JSC of excluding it from key processes, particularly in formulating the new draft regulations.
In its response, the JSC criticized the LSK’s demands for expanded involvement, arguing that such a move could jeopardize the Commission’s independence.
Additionally, the JSC noted that the LSK’s blanket criticisms lacked concrete examples of alleged failures.
The Commission highlighted four key instances of LSK engagement in the regulation drafting process: In July 2023, the LSK was the first stakeholder approached for feedback on the proposed regulations, collaborative webinar held in December 2023 provided further opportunity for input, with LSK members offering substantive contributions, the JSC integrated several LSK recommendations into the draft, including provisions for handling anonymous complaints and the JSC reiterated that the draft regulations are set to undergo a public participation process, ensuring transparency and inclusivity.
“The JSC reaffirms that the LSK has not been excluded from any processes. On the contrary, the LSK has been consistently and actively involved,” the statement emphasized.
While rejecting the exclusion claims, the JSC reiterated its recognition of the LSK as a crucial partner in strengthening Kenya’s judicial system.
The Commission pledged to continue engaging stakeholders in a “constructive and honest” manner, underscoring the importance of mutual cooperation in fostering judicial accountability and transparency.
