The Judicial Service Commission (JSC) has dismissed the Law Society of Kenya's (LSK) claims that it was excluded from the development of the Draft JSC (Processing of Petitions and Complaints) Regulations 2024.
In a statement issued on Tuesday, the Commission emphasised that the LSK is a key stakeholder in the justice sector, with its involvement already being constitutionally mandated.
The JSC noted that the LSK has both male and female representatives within its composition, underscoring the LSK’s active role in JSC deliberations.
“It is misleading to suggest that the LSK has been excluded from the development of the Draft JSC (Processing of Petitions and Complaints) Regulations 2024,” the statement reads in part.
The LSK raised concerns about its exclusion in its comments on the State of the Judiciary and the Administration of Justice Report (SOJAR) 2023/2024.
In response, the JSC questioned the LSK's call for greater involvement in the collection, collation, and inquiry of complaints, stating that any such involvement beyond the legal framework would compromise the independence of the Commission.
The statement also criticised the LSK for issuing a broad condemnation without providing specific instances of the JSC’s failure to act.
To counter LSK's assertions, the JSC outlined four key points.
First, it noted that in July 2023, the LSK was the first stakeholder invited to provide feedback on the draft regulations.
Second, a joint webinar between the JSC and LSK was held in December 2023 to gather additional feedback, which was well-attended.
Third, the JSC confirmed that many suggestions made by LSK members during the webinar, including the inclusion of anonymous complaints, were incorporated into the draft regulations.
Finally, the JSC emphasised that the draft regulations are now scheduled for public participation, as required by law, to ensure inclusivity and transparency.
“The JSC reaffirms that the LSK has not been excluded from any processes. On the contrary, the LSK has been consistently and actively involved, and the Commission remains committed to engaging all stakeholders in an honest and constructive manner,” the statement concluded
The JSC also reiterated its recognition of the LSK as a critical partner in the administration of justice, which is vital for building a more transparent and accountable judiciary.
