Judges and magistrates have suffered a major blow after the Court of Appeal suspended a decision that had barred the Judicial Service Commission from processing complaints against them without gazetted regulations.
In a brief ruling delivered by a three-judge bench comprising Court of Appeal President Daniel Musinga, Justice Mumbi Ngugi, and Justice George Odunga granted an interim stay of execution of the High Court’s December 18, 2025 judgment in Petition filed by a city lawyer.
The interim order, effective immediately, allows the JSC to resume considering and processing complaints against judges pending the delivery of a detailed ruling on January 23, 2026.
“Pending delivery of this Court’s ruling on January 23 2026, we grant an interim order of stay and suspension of the declaration and orders by the High Court in Petition No. E110 of 2025 stopping the Judicial Service Commission from considering and processing complaints against judges,” Justice Musinga led bench ruled.
The application was filed by the Judicial Service Commission seeking to overturn the High Court’s problematic judgment that had effectively paralyzed its constitutional mandate to ensure judicial accountability.
The Law Society of Kenya, appearing as an interested party through Senior Counsels Philip Murgor and Ahmednasir Abdullahi made compelling arguments urging the Court to stay execution of the High Court judgment.
Ahmednasir argued that the High Court’s ruling effectively paralyzed the Commission, preventing it from fulfilling its constitutional mandate to ensure judicial accountability.
He stressed that the Commission’s procedures are lawful, necessary, and do not infringe on judicial independence.
The original petition was filed on March 4, 2025, by Kennedy Echesa Lubengu, an advocate representing a judge facing a complaint before the JSC.
Echesa had challenged the legality of the JSC’s processes for handling complaints against judges, particularly the continued use of internal procedures in the absence of enacted and gazetted regulations as required under Section 47 of the Judicial Service Act.
The three-judge High Court bench of Justices Roselyne Aburili, John. Chigiti, and Alexander Muteti ruled in favor of Echesa, declaring that the JSC could not proceed with complaints against judges without proper regulations in place.
“Until the Judicial Service Commission enacts and gazettes regulations under Section 47 of the Judicial Service Act, it cannot hear or process complaints against judges, as doing so would violate the principles of natural justice and fair administrative action,” ruled Justices Aburili, Chigiti, and Muteti.
The judgment effectively brought all ongoing disciplinary proceedings against judicial officers to a halt.
The petition arose from a complaint filed by Aldrin Ojiambo trading as Acorn Law Advocates LLP against Lady Justice Dorah Chepkwony over alleged delay in delivering a bail application ruling in a criminal trial and the alleged loss of a criminal trial file.
Echesa had argued that the JSC’s handling of complaints violated constitutional guarantees of fair administrative action under Article 47 of the Constitution and compromised judges’ security of tenure.
The Law Society of Kenya welcomed the Court of Appeal’s decision, noting that it restores the JSC’s ability to fulfill its constitutional mandate.
“With the issuance of the Stay of Execution, the JSC can now fulfill its constitutional mandate to guarantee judicial accountability, and it is our expectation that they will discharge this duty,” the LSK president stated.
The interim stay means the JSC can now resume processing all pending complaints against judges and magistrates across the country, a move likely to be welcomed by complainants but potentially concerning to judicial officers who had hoped for clearer procedural guidelines.
