The Judicial Service Commission (JSC) is a constitutional body established under Article 171 of the Kenyan Constitution. Its primary role is to ensure the independence, accountability, and efficiency of the judiciary.
Composition of the Judicial Service Commission (JSC)
The JSC comprises 11 members:
1️⃣ Chief Justice (Chairperson)
2️⃣ One Supreme Court judge (elected by Supreme Court judges)
3️⃣ One Court of Appeal judge (elected by Court of Appeal judges)
4️⃣ One High Court judge and one magistrate (one male, one female, elected by judges and magistrates association)
5️⃣ Attorney-General
6️⃣ Two advocates (one male, one female, with at least 15 years of experience, elected by the Law Society of Kenya)
7️⃣ One person from the Public Service Commission
8️⃣ Two members of the public (one male, one female, appointed by the President and approved by Parliament)
9️⃣ Chief Registrar of the Judiciary (Secretary to the Commission)
🔹 Members (except the Chief Justice and Attorney-General) serve for five years, with an option for one reappointment.
Functions of the Judicial Service Commission (JSC)
1️⃣ Appointment of Judges and Judicial Officers
✅ Recommends names of judges to the President for appointment.
✅ Appoints magistrates, registrars, and other judicial officers.
2️⃣ Handling Complaints & Disciplinary Actions
✅ Receives complaints against magistrates and judicial officers.
✅ Investigates misconduct and removes or disciplines judicial staff.
3️⃣ Judiciary Independence & Accountability
✅ Promotes judicial independence by protecting judges from external interference.
✅ Ensures transparent recruitment and fair hiring of judicial officers.
4️⃣ Continuous Training & Education
✅ Develops training programs for judges and magistrates.
✅ Conducts workshops and refresher courses for judicial officers.
5️⃣ Advising the Government on Judicial Matters
✅ Provides recommendations on how to improve judicial efficiency.
✅ Recommends policies on judicial reforms to ensure fair administration of justice.
6️⃣ Investigations & Dispute Resolution
✅ Conducts investigations into complaints against judicial officers.
✅ Has the power to mediate and negotiate in judicial disputes.
7️⃣ Judicial Welfare & Conditions of Service
✅ Reviews and recommends working conditions for judicial officers.
✅ Evaluates remuneration, benefits, and promotions in the judiciary.
Powers of the Judicial Service Commission (JSC)
According to Article 253 of the Constitution, the JSC is a body corporate with legal authority to:
🔹 Sue or be sued in its official name.
🔹 Own, buy, or sell property (movable & immovable).
🔹 Borrow and lend money for its operations.
🔹 Enter into contracts to support judicial functions.
🔹 Issue summons for witnesses during investigations.
The JSC plays a crucial role in ensuring an independent, fair, and accountable judiciary in Kenya. 🏛⚖
