The Judicial Service Commission (JSC) has condemned what it describes as a
growing trend of public attacks and vilification targeting judicial officers
over their decisions on bail and bond matters.
In a statement issued Thursday, the Commission
reaffirmed its commitment to defending the independence of judges and
magistrates, especially in light of recent criticism following decisions made
by the Nanyuki and Kahawa Law Courts.
“The Judicial Service Commission reaffirms its
unwavering commitment to defending the decisional independence of all Judicial
Officers and Judges,” the statement read.
The JSC expressed concern over what it termed as “unwarranted personal attacks” against judicial officers performing their constitutional duties.
According to the Commission, such actions misrepresent
the role of the Judiciary and threaten both public confidence and the rule of
law.
“Such conduct misrepresents the Judiciary’s
constitutional role, undermines judicial independence, and corrodes public
trust in the administration of justice, a cornerstone of our democratic
society,” the Commission stated.
While the JSC acknowledged public interest in court decisions, it emphasised that bail and bond rulings are not made arbitrarily.
The Commission noted that judicial officers rely on the
Constitution, the Criminal Procedure Code, and the Judiciary’s Bail and Bond
Policy Guidelines when making such determinations.
It warned that resorting to personal attacks
not only undermines due process but also endangers the safety of judicial
officers and the sanctity of court decisions.
“Resorting to personal attacks against
Judicial Officers subverts due process and imperils the sanctity and
independence of the Judiciary,” it added.
To ensure continued security for judges and
court staff, the JSC assured the public that the Office of the Chief Registrar,
working with the Judiciary Police Unit, is ready to provide necessary
protection and support.
“The Judiciary leadership is fully committed
to supporting judicial officers and court personnel, especially during this
period of heightened concern.”
The Commission praised judges and magistrates
across the country for their dedication, urging them to uphold their
constitutional duties without fear or favour.
“We encourage all judicial officers to
continue discharging their mandate with integrity, courage, and fidelity to the
law, free from bias or undue influence.”
Calling for sobriety in public discourse, the
JSC urged leaders, stakeholders, and the public to engage with the Judiciary in
a respectful manner.
Established under Article 171 of the
Constitution, the JSC is mandated by Article 172 to promote and safeguard the
independence and accountability of the Judiciary. The Commission plays a key
role in ensuring judicial officers remain insulated from external pressure and
interference.
The
statement comes amid increased political and public commentary on court
decisions, raising fresh concerns about threats to judicial independence in
Kenya’s evolving democratic space.
