The Judicial Service Commission (JSC) is an independent constitutional body established by Article 153 of the Constitution of Kenya. In the past few years, the JSC has been in the news frequently concerning the appointment of judges and magistrates. The latest being the retirement of chief Justice David Maraga and the appointment of Lady Justice Martha Koome as the new Chief Justice.
The JSC is mandated to, among other things, recruit, promote, and discipline judges and magistrates. It is also responsible for ensuring the independence and impartiality of the judiciary. The JSC is composed of 11 members: the Chief Justice, the Attorney General, the chairperson of the Public Service Commission, two judges, two advocates, one magistrate, and four other persons appointed by the President with the approval of Parliament.
The JSC has been praised for its work in promoting judicial independence and professionalism. However, it has also been criticized for its lack of transparency and accountability. In recent years, there have been several calls for the JSC to be reformed.
One of the main criticisms of the JSC is that it is not transparent enough. The JSC's proceedings are not open to the public, and it does not publish its decisions in a timely manner. This lack of transparency makes it difficult for the public to hold the JSC accountable for its decisions.
Another criticism of the JSC is that it is not accountable enough. The JSC is not subject to any external oversight, and it is not required to report to Parliament. This lack of accountability makes it difficult to hold the JSC accountable for its decisions.
In recent years, there have been several calls for the JSC to be reformed. The most common proposal is to make the JSC's proceedings more transparent and accountable. This could be done by opening the JSC's proceedings to the public and by requiring the JSC to publish its decisions in a timely manner.
The JSC is an important institution in Kenya's constitutional framework. It is responsible for ensuring the independence and impartiality of the judiciary. However, the JSC has been criticized for its lack of transparency and accountability. In recent years, there have been several calls for the JSC to be reformed.