LSK Accuses High Court of Shielding Judicial Impunity, Vows to Fight Ruling That ‘Handcuffs’ JSC

LSK reiterates its long-held position that within Kenya’s constitutional architecture, the Judiciary remains the final line of defence in safeguarding the rule of law and constitutionalism.

 However, this critical role can only be sustained by a Judiciary that is independent, operationally autonomous, and firmly anchored on integrity, accountability, and fidelity to Article 159 of the Constitution of Kenya, 2010.

While the Law Society of Kenya has consistently stood in defence of judicial independence, it has equally been at the forefront in calling for urgent reforms within the Judiciary, particularly in light of persistent and worrying allegations of corruption, incompetence, and breach of duty by some Judges and Judicial Officers.

 These concerns, raised by members of the Bar and the public alike, demand swift, professional, and conclusive action, primarily by the Judicial Service Commission (JSC).

In 2025 alone, several complaints were lodged before the JSC against Judges and Judicial Officers. 

Although not all allegations have been proven, LSK emphasizes that the high calling of judicial office cannot survive even the perception of compromised integrity or abuse of office. The public has a legitimate expectation that the JSC will discharge its constitutional mandate efficiently.

Unfortunately, delays and inertia have continued to fuel public anxiety, speculation, and dissatisfaction.

It is against this backdrop that LSK expresses its profound disagreement with the High Court’s Judgment in the Walubengu case.

The matter arose from a complaint lodged before the JSC against Hon. Lady Justice Dorah Chepkwony, following concerns raised by an advocate representing an accused person appearing before her. 

The JSC, acting pursuant to Article 168 of the Constitution, commenced its preliminary inquiry, notified the Judge, received her response, and admitted the complaint for oral hearing. However, before the process could be concluded, a constitutional petition was filed challenging the JSC’s jurisdiction and procedures.

In its Judgment, the High Court held that the JSC could not proceed with its constitutionally sanctioned process in the absence of gazetted regulations, finding that such proceedings would amount to illegality and render any outcome a nullity.

The Law Society of Kenya categorically disagrees with this finding.

First, LSK views the decision as a dangerous precedent that allows court processes to be weaponized to undermine the constitutional mandate of the JSC. It is unacceptable that when Kenyans demand accountability from the Judiciary, the same institution expands the shield of judicial independence to block legitimate investigations into alleged misconduct.

Second, LSK warns that if this trend is left unchecked, the Judiciary risks becoming a conduit for impunity, thereby eroding its legitimacy and public goodwill. Judicial independence was never intended to render Judges irreproachable or beyond scrutiny. Neither the Constitution nor the people of Kenya envisioned a Judiciary insulated from accountability.

The current state of judicial accountability does not inspire confidence among members of the Bar or the public. Decisions such as this raise serious questions as to whether the Judiciary fully appreciates the values underpinning the independence it rightfully demands.

Accordingly, the Law Society of Kenya will not stand by as an abysmal standard is set for one of Kenya’s most consequential constitutional institutions. LSK confirms that it will take all necessary legal measures to reverse this decision, including joining the impending appellate proceedings.

Further, LSK will take immediate corrective steps with the Judicial Service Commission, particularly regarding its failure to operationalize the necessary procedures for handling complaints against Judges, as previously directed by the Supreme Court. Such failure gravely undermines the sanctity of the JSC’s constitutional mandate.

The Law Society of Kenya remains steadfast in confronting and dismantling all forms of impunity, regardless of the office or authority under which they manifest.