The Judicial Service Commission (JSC) has responded to an article published by a local daily on Monday, November 25, 2024.
In a statement, the JSC urged the local daily to avoid sensationalizing stories and to ensure fair and balanced reporting.
“The Commission confirms that it is in receipt of five petitions filed on October 11, 2024, by Mr. Kung’u Muigai, seeking the removal of ten Judges from office,” read part of the statement.
Furthermore, the Commission accused the media group of being one-sided in their coverage, focusing solely on the petitioner’s perspective and thereby subjecting the judges to unfair treatment.
JSC responds to Reports of 10 Judges Facing Removal Over Case Involving Kung’u Muigai
“While the petitions are being processed in strict adherence to the Constitution of Kenya and the Judicial Service Act, the JSC takes exception to the Daily Nation’s coverage of this matter, which presents a sensationalized and one-sided account based solely on the petitioner’s claims, unfairly exposing the judges in question to reputational damage.
Additionally, the article speculates on potential outcomes, including the implications of the removal of the judges, while the matter is yet to be heard or determined by the Commission,” read the statement.
The JSC further stated that it acknowledges the critical role of the media in ensuring public access to information. However, it called on the media to avoid agenda-setting aimed at disparaging the institution and entrenching unsubstantiated narratives.
Instead, the JSC urged the media to allow due process to take its course without skewing public sentiment or creating unwarranted speculation.
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At the same time, the Commission also took note of the Law Society of Kenya’s (LSK) recent statement on the State of the Judiciary and the Administration of Justice Report (SOJAR) 2023/2024.
The Commission acknowledged the LSK as a key stakeholder in the justice sector and noted that its involvement is already constitutionally enshrined under Article 171(2)(f) of the Constitution, which provides for the inclusion of two LSK representatives, one male and one female, in the JSC’s composition.
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According to the JSC, this underscores the LSK’s existing role in JSC deliberations.
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“The LSK’s call for greater involvement in the collection, collation, and inquiry of complaints raises questions about the nature of this demand, given that any additional involvement beyond what is already outlined in law would risk breaching the independence of the JSC,” read the Commission’s statement regarding the LSK.
JSC further stated that the LSK’s statement offers no specific instances where the JSC has failed to act, instead issuing a blanket condemnation devoid of actionable details.
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Moreover, JSC also dismissed claims that the LSK has been excluded from the development of the Draft JSC (Processing of Petitions and Complaints) Regulations 2024.
Further, the JSC reaffirmed its unwavering commitment to promoting and facilitating the accountability of the Judiciary.
“We assure the public that all petitions and complaints will continue to be handled with the highest level of integrity, impartiality, and adherence to due process. We remain steadfast in upholding our constitutional mandate and strengthening public confidence in the administration of justice,” read the statement.
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