JSC: Misconduct claims against judges to follow rule of law
National
By
David Njaaga
| Jan 16, 2025
The Judicial Service Commission (JSC) has received five petitions since January alleging gross misconduct and incompetence against several judges, including the entire Supreme Court bench.
A petition filed by former Law Society of Kenya (LSK) President Nelson Havi on January 10, accuses Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and Justices Mohammed Ibrahim Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko of gross misconduct.
The petition was received on January 13.
Two additional petitions have been lodged against High Court Judge Alfred Mabeya.
Havi submitted one on January 10, while Edwin Harold Dande filed another on December 16 2024.
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Both allege gross misconduct and misbehaviour.
Havi also filed a petition on January 10 against Justice Lucas Naikuni, citing incompetence in performing judicial duties.
The JSC, which is mandated to process petitions against judges under Article 168 of the Constitution, said the complaints will be handled according to established procedures.
“The complaints will be addressed following the rule of law and in line with the Fair Administrative Action Act,” said JSC Vice Chairperson Isaac Rutto in a statement on January 16.
The Commission said it has finalised 862 of the 935 petitions filed between 2011 and 2024, with 12 forwarded to President Ruto for the formation of tribunals for removal.
Seventy-three petitions remain under review.
The commission reaffirmed its commitment to judicial independence while ensuring accountability.
“We assure all Kenyans that the JSC will act independently, without fear, favour, or prejudice, in discharging its constitutional mandate,” Rutto added.