Judicial Service Commission under the New Constitution
Open. Accountable. Responsible
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Introduction |
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The JSC wields considerable authority in the discipline and accountability of all personnel in the Judiciary. |
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The Commission will recruit personnel in the Judiciary as well as oversee the improvement of the structures in the Judiciary and the competence of Judicial officers. |
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The JSC is headed by the Chief Justice and includes a representative from the various Courts, the PSC and a Commissioner representing members of the public. |
Introduction
Top on the list of the envisaged reforms in Kenya under the New Constitution is a new and restructured Judiciary. The Judicial Service Commission, JSC is expected to play a key role in recruitment especially of the top leadership in the Judiciary; and as a key institution to hear public grievances against any member of the Bench and facilitate the removal of a Judge unfit to hold office. The JSC therefore is, like other constitutional Commissions, well poised to "....... (a) protect the sovereignty of the people; (b) secure the observance by all State organs of democratic values and principles; and (c) promote constitutionalism." (Article 249). The JSC was one of the earliest Commissions to be constituted after the promulgation of the Constitution of Kenya, 2010: Sixth Schedule - Transitional and Consequential Provisions, Article 20:
20. (1) The Judicial Service Commission shall be appointed within sixty days after the effective date .......
