Complaints Handling

Date Published :2015-06-19 13:56:00

The Commission has the constitutional responsibility under Article 168 (2) of the Constitution to receive, investigate and resolve complaints lodged by the public against Judges.

Article 159 (1) of the Constitutionprovides that judicial authority is derived from the people of Kenya and is to be exercised by the courts and tribunals in accordance with the Constitution.  This provision confers upon judge an important power of rendering decisions in, matters before courts, which must be exercised judiciously to avoid dramatic impact on individual rights and interests.

Judges like all other citizens are subject to the law, but the need to protect judicial independence means that in respect of their judicial conduct they cannot be subject to direct discipline by anyone else except for grounds and circumstances provided for under Article 168 of the Constitution.

Owing to their powers and responsibilities, judges are accountable through the public nature of their work, the requirement that they give reasons for their decisions and the scrutiny of their decisions on appeal.

The public scrutiny is therefore a check on the conduct of judges.   Anyone can complain about a judge, but complaints may only be made about the conduct of the judge whether inside or outside court. 

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