JSC to appeal judgement that stopped proceedings against judge 

The Judicial Service Commission (JSC) said it will appeal a High Court judgment which halted disciplinary proceedings before the commission.

In a statement issued on December 24, the JSC said it had taken note of the judgment, which relates to the discharge of its constitutional mandate under Articles 168, 171 and 172 of the Constitution.

The Commission said, as an independent constitutional body established under Article 171, it is expressly mandated to safeguard and advance judicial independence and accountability.

It argues that Article 168 of the Constitution vests it with the responsibility to receive, consider and, where constitutional thresholds are met, act on petitions seeking the removal of judges of the superior courts.

“This mandate is a critical pillar of Kenya’s constitutional architecture for judicial accountability,” the Commission said.

While affirming its respect for the authority and decisional independence of the courts, the JSC expressed dissatisfaction with aspects of the judgment, which it says constrain the effective discharge of its constitutional responsibilities.

The Commission assured the public, the Judiciary and other stakeholders that it remains fully committed to executing its mandate with independence, institutional integrity and strict fidelity to the Constitution.

“In line with the principles of the rule of law and its constitutional right to seek appellate redress, the Judicial Service Commission confirms that it has filed an appeal against the said judgment,” the statement read.

According to the JSC, the appeal has been lodged in the public interest and seeks guidance on the proper interpretation and application of Article 168 of the Constitution as it relates to the Commission’s mandate.