By Brian Kiprono - Reporter
Kenya, 24 December 2025 - The Law Society of Kenya (LSK) has raised sharp objections to a recent High Court decision that it says could weaken judicial accountability and erode public confidence in the justice system.
In a statement issued on Wednesday, LSK President Faith Odhiambo said the Society would move to challenge the ruling, which effectively halted the Judicial Service Commission’s (JSC) ability to investigate complaints against judges due to the absence of formally gazetted procedures.
The decision, delivered on 18 December by Justices Hedwig Ong’udi Aburili, John Chigiti and Mugure Muteti, arose from a petition linked to a complaint against Lady Justice Dorah Chepkwony.
The complaint had been filed by an advocate representing an accused person who appeared before the judge.
Although the JSC had begun preliminary inquiries, the process was interrupted when Justice Chepkwony’s legal team questioned the commission’s jurisdiction and procedures.
The High Court agreed, holding that without gazetted regulations, the JSC could not lawfully proceed with disciplinary processes, as such rules were essential safeguards for fair administrative action.
LSK, however, argues that the ruling sets a troubling precedent. Odhiambo said constitutional bodies such as the JSC derive their authority directly from the Constitution and should not be paralysed by procedural gaps.
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“Procedural guidelines are meant to support constitutional functions, not suspend them,” she said, warning that the judgment could open the door for judges to shield themselves from scrutiny by invoking technicalities.
At the same time, LSK acknowledged that the ruling exposes longstanding institutional failures within the JSC itself. The Society pointed to the commission’s failure to gazette disciplinary procedures despite a prior Supreme Court directive, describing this lapse as undermining the Judiciary’s moral authority to demand compliance with court orders.
The Society called for the gazettement of JSC procedures to be treated as an urgent priority in 2026, stressing that delays in handling complaints against judges have already dented public trust.
LSK also expressed concern about what it described as a growing pattern of judges using court processes to frustrate accountability mechanisms. Odhiambo cautioned that, if unchecked, this trend risks turning judicial independence into a shield for impunity.
“Judicial authority was never intended to make judges untouchable,” she said, adding that Kenyans have a legitimate expectation that complaints against judicial officers will be investigated swiftly, fairly and conclusively.
LSK confirmed it will join appellate proceedings once they commence, insisting that while judicial independence must be protected, accountability within the Judiciary remains non-negotiable.
