The Judicial Service (Petition for Removal of a Judge) (Procedure) Regulations, 2026 provide a structured framework for addressing allegations of judicial misconduct and for the removal of judges from office.
Article 168 of the Kenyan Constitution 2010, together with the regulations, helps balance the need for judicial independence with accountability.
According to the Judicial Service Regulations 2026, a judge of a superior court cannot be removed arbitrarily.
However, removal from office may be based on the distinct grounds of mental or physical incapacity hindering the performance of functions.
In addition, a judge can be removed if they are involved in the breach of the prescribed code of conduct, bankruptcy, incompetence, or gross misconduct and misbehavior.
“The Commission shall uphold the independence of the Judiciary while ensuring accountability to established standards of judicial conduct specified under the Code of Conduct and Ethics and other relevant laws,” the Judicial Service Regulation states.
Initiating the Judges’ Removal Process in Kenya
The removal process can be initiated by the the Judicial Service Commission (JSC) on its own motion based on information that discloses valid grounds.
Alternatively, the removal from office can be effected through a written petition by an individual or a corporate body.
During the lodging of a petition, no charges should be incurred by the petition as dictated by the regulations to ensure that financial barriers do not restrict access to judicial accountability.
To manage the case of removal from office,s the JSC has a specialized panel that has a chairperson and at least four members of the Commission. The Panel is granted the power to investigate, summon, examine, and receive evidence, as well as necessary documents and materials, in petitions for removal issued against judges.
A quorum of three members is required for the Panel to conduct its proceedings.
Also Read: Judges Beat SRC in Fight for Hefty Car Allowances
Preliminary Evaluation and Fairness
Upon receiving the petition, the Commission certifies the credibility, relevance, and sufficiency of the allegations.
If the information is deemed sufficient, the judge is served with the framed allegations or the petition within seven to fourteen days.
Additionally, the law allows a judge to be given 21 days to respond to the allegations that have been petitioned against them.
Unsatisfactory response results in the moving of the matter to a formal hearing, with the Commission maintaining the dignity of all participants throughout the process.
The Conduct of Hearings
Hearings may be attended in person or virtually. Witnesses are required to take an oath or solemn affirmation during the hearing, whether in person or virtually.
During the hearing, the Regulations allow the accused to be represented by an advocate, to cross-examine witnesses presented against them, and to present their own evidence and witnesses.
In cases where it is necessary to protect vulnerable or protected persons, a hearing may be conducted in camera or in a closed session.
Additionally, the sensitive documents and digital transcripts are securely stored using encryption.
Also Read: Judges to Contribute 7.5% of Their Salary as Ruto Signs New Retirement Benefits Law
Verdict
Upon the completion of the hearing and the filing of submissions, the Commission or Panel prepares a report of its findings.
If the CoCommissions are satisfied that the grounds for removal are not disclosed, the motion or petition is dismissed, and the parties are notified within seven days.
However, if the Commission finds that grounds for removal do exist, it forwards the petition and its formal recommendation to the President for action in accordance with the Constitution.
A decision on the verdict can be reached by a unanimous vote or by a majority of the members. Also, the Commission publishes an annual report on its website detailing the number and status of Commission-initiated removals and public petitions.
