Senior Counsel Bar faults court ruling that stopped proceedings against judge

The Senior Counsel Bar (SCB) joined the Law Society of Kenya (LSK) in faulting a recent High Court judgement that halted disciplinary proceedings before the Judicial Service Commission (JSC), arguing that the decision risks weakening constitutional accountability within the Judiciary.

In a press statement dated December 24, 2025, SCB Chairperson Senior Counsel Philip Murgor said the body had taken note of the judgement delivered on December 18, 2025, in HCCHRPET/E110/2025 – Kennedy Echesa Walubengu v State Law Office & Another, and fully agrees with the position already taken by the LSK.

“The SCB records its full agreement with, and adoption of, the position taken by the Law Society of Kenya,” the statement read.

The Senior Counsel Bar reiterated that the Judiciary remains a cornerstone of Kenya’s constitutional order and the final guardian of the rule of law.

However, it said that judicial independence and accountability are complementary constitutional values that must operate together.

The SCB expressed concern over the implications of the judgement on the constitutional mandate of the JSC, particularly its role in investigating complaints against judges and judicial officers.

It noted that established jurisprudence is clear that the absence of subsidiary regulations cannot, by itself, suspend or defeat a constitutional function.

According to the SCB, procedural frameworks are meant to facilitate constitutional accountability, not to frustrate or paralyse it.

“Judicial independence does not mean immunity from accountability. A credible and independent Judiciary is strengthened, not weakened, when constitutional oversight mechanisms are allowed to function as intended,” the statement said.

At the same time, the Senior Counsel Bar underscored the urgent need for the JSC to regularise its processes by gazetting the required regulations, in compliance with existing court directives.

It said doing so is essential to enhancing transparency, certainty and public confidence in judicial oversight.

The SCB also warned that constitutional accountability mechanisms could be weakened through prolonged litigation, cautioning that judicial independence should not be interpreted as a shield against lawful and constitutionally sanctioned scrutiny.

The body said it supports all lawful measures, including participation in appellate proceedings, to clarify the law, strengthen judicial accountability and safeguard public confidence in the administration of justice.

“The SCB stands with the Law Society of Kenya in upholding constitutionalism, judicial integrity, and the rule of law,” read the statement.