The Commission on Administrative Justice (CAJ) has announced the suspension of summons previously issued to 10 members of the Judicial Service Commission (JSC).
The summons, which were initially issued on February 28, were meant to address JSC’s failure to publish and publicize a report on unresolved complaints against judicial officers, as earlier directed.
However, on Wednesday, March 26, CAJ decided to withdraw the summons to allow room for dialogue between the two commissions.
The decision was also influenced by a request from Chief Justice Martha Koome, a move permitted under the Kenyan Constitution.
Reason for the Suspension
According to CAJ Chairperson Charles Dulo, the commission opted for dialogue, mediation, or negotiation to resolve the matter amicably.
“The summons were suspended to facilitate inter-institutional discussions with JSC. This decision aligns with Article 159 (2) (c) of the Constitution and Regulation 23 of the Commission on Administrative Justice, 2013,” read part of the CAJ statement.
Another key reason behind the suspension was an ongoing case at the Supreme Court, set to be heard on April 3. The JSC has sought an advisory opinion regarding its authority in handling complaints involving Constitutional Commissioners and devolved governments.
“Since the Supreme Court is handling this advisory matter, the commission has chosen to suspend all summons issued on February 28 to JSC members. This will allow both the legal process and institutional engagements to continue without interference. It also demonstrates CAJ’s goodwill in resolving the issue through peaceful means,” the statement added.
JSC’s Response to the Summons
Earlier, on March 1, the JSC, under the leadership of Chief Justice Koome, had strongly opposed CAJ’s summons. The commission argued that CAJ had exceeded its legal mandate since it lacked jurisdiction over JSC affairs.
In a statement, JSC warned that it would take legal measures to protect its independence and constitutional authority.
“The Judicial Service Commission will take all necessary steps to defend its constitutional role and will not tolerate any attempts to interfere with its independence,” JSC stated.
The recent suspension of the summons now opens the door for negotiations between the two institutions as they seek a lasting solution to the matter.
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