WHO WE ARE

Mandate of the Commission

Date Published :2015-04-15 11:33:00

Its core function as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice by:-

• Recommend to the President persons for appointment as judges,
• Review and make recommendations on condition of service for judicial officers and staff.
• Receive complaints against, investigate and remove from office or otherwise disciplining registrars, magistrates, other judicial officers and staff of the judiciary,
• Prepare and implement programmes for the continuing education and training of judges and judicial officers and
• Advise the national government on improving the efficiency of the administration of justice.

The Judicial Service Act equally sets out other functions of the Judicial Service Commission as follows;

• The Commission is a body corporate (section 13) and can;-
a) Purchase or otherwise acquire, hold charge and dispose of moveable and immovable property.
b) Borrow and lend money.
c) Enter into contract.
d) Perform all such other things or acts necessary for proper performance of its functions.
• Review and approve the financial estimates (Section 29) of all the expenditure of the judiciary of the year at least three months before commencement of each financial year and forward the financial estimates to the National Assembly.
• Appointment, discipline and removal of judicial officers and staff (section) 32 (1).
• Power to hire and delegate authority (Section 14). The commission may outsource such experts or consultants as maybe necessary and may delegate its functions as necessary to sub committees/ or the secretariat for day to day management of the commission.
• Powers to structure the commission and appoint secretariat staff (Section 19 (1) (2) (3) and 20).
• The Commission shall in its functions constitute committees and allocate functions to such sections, departments or divisions of the secretariat.
• Provide secretariat services to the committee or panel constituted by the commission and to the National Council on Administration of Justice (Section 35).
• Prepare and submit annual report on activities of National on Administration of Justice and annual report of the JSC for each financial year (Section 37).
• The Chief Registrar shall ensure that proper books and records of account of the Commission and Judiciary are kept within 3 months after the end of each financial year. The Chief Registrar shall submit to the Auditor General the accounts of the Commission and the Judiciary for the year (Section 39 (1).
• Power to summon any public officer or other person to produce any document or information relevant to the functions of the Commission (Section 42).
• Making regulations to provide for the code of conduct and ethics for judges, other judicial officers and staff and the administration and management of services and facilities of the Commission for the discharge of judicial functions (Section 47).

Article 252 states that the Commission:-

• may conduct investigations on its own initiative or on a complaint made by a member of the public,
• has the powers necessary for conciliation, mediation and negotiation,
• shall recruit its own staff and
• has powers to issue summons to a witness to assist for the purpose of its investigations.

Copyright © 2015: The Judicial Service Commission, Republic of Kenya. All Rights Reserved