JSC appeals High Court ruling on handling petitions against judges

Chief Justice Martha Koome who doubles up as Judicial Service Commsson Chairperson. [File,Standard]

The Judicial Service Commission (JSC) has filed an appeal against a High Court ruling, it says, constraining its constitutional mandate to handle petitions seeking the removal of judges.

In a statement dated Wednesday, December 24, the Commission said it respects the authority and independence of the courts but disagrees with parts of the judgment delivered in Constitutional Petition No. E110 of 2025.

“The Judicial Service Commission hereby confirms that it has filed an appeal against the said judgment,” noted Secretary Winfridah Mokaya.

The case centres on how the Commission exercises its powers under Article 168 of the Constitution of Kenya, which sets out the process for receiving and considering petitions for the removal of judges of the superior courts.

The Commission said Articles 171 and 172 of the Constitution of Kenya mandate it to safeguard judicial independence while advancing accountability, a balance it described as central to Kenya’s constitutional order.

While acknowledging the courts’ decisional independence, the Commission stated that the judgment limits its ability to discharge its duties as outlined in the Constitution.

“This step is taken in the public interest and for the purpose of obtaining guidance on the proper interpretation and application of Article 168 of the Constitution in relation to the Commission’s mandate,” added Mokaya.

The Commission assured the public and the Judiciary that it will continue to carry out its responsibilities with independence and fidelity to the Constitution, while pursuing lawful avenues when dissatisfied with a court decision.