CAJ Gives Judiciary 21 Days To Publish Complaints Against Judges

The Commission on Administrative Justice (CAJ) has issued a 21-day deadline to the Judicial Service Commission (JSC) to publish details of complaints filed against judges and their outcomes.

The directive, dated December 24, also requires the Judiciary to provide an analysis of the issues raised and their resolutions, submitting a compliance report within the stipulated time.

This move follows concerns raised during a recent interview with Jacqueline Ingutiah, the Female Representative of the Law Society of Kenya (LSK), on Spice FM. Ingutiah highlighted the high number of complaints against judges that reportedly go unaddressed.

According to data referenced in the interview, the JSC has received 935 complaints against judges since its establishment in 2011. Of these, 862 have been finalized, with 772 dismissed on grounds of decisional independence, leaving only 73 cases pending. The dismissed complaints account for 82.5% of the total lodged.

“These figures underscore the volume of complaints received and the need for greater transparency in handling them,” the CAJ stated.

Citing Article 35 of the Constitution, which guarantees citizens the right to access information, the commission called on the Judiciary to make detailed information about complaints available to the public. The CAJ acknowledged JSC’s past efforts to provide updates through press releases but emphasized the need for regular, detailed disclosures on case outcomes.

Through Chief Justice Martha Koome, the CAJ urged the Judiciary to publish comprehensive data on complaints, including the number of cases lodged, their determinations, and any disciplinary actions taken.