Kenya Law Reforms Commission supports JSC Act amendment

By Roncliff Odit

The Kenya Law Reforms Commission (KLRC) has expressed support for the amendment to the Judicial Service Commission Act of 2011

While expressly showing support for the now contentious amendments to the JSC Act of 2011, the KLRC said it can only take issue with the amendments that were passed by the National Assembly last December, if all stakeholders were not involved in the process.

The amendment gives the President powers to recruit the Chief Justice, Deputy Chief Justice and the Inspector General of Police.

The controversial amendment to the Judicial Service Act, 2011 has attracted a huge uproar from the Opposition, the civil society as well as the legal fraternity.

Critics of the Law have argued that the Amendments reversed the gains made by the Constitution of Kenya 2010 with regards to the independence of the Judiciary.

Members of Parliament passed a clause towards the end of last year contained in the Statute Law (Miscellaneous) Amendment Bill, 2015 that gave the President a free hand in choosing who is to becomes the country’s next Chief Justice and Deputy Chief Justice.

The Law Society of Kenya has moved to court arguing that the move is unconstitutional as it takes away the independence of the Judiciary, contrary to Article 166 (1) and faulted the amendment done through an omnibus bill.

However KLRC Chairperson Mbage Ng’ang’a says the Judicial Service Commission is the only body that should be complaining, and if anybody has reservations with the Law, they should seek redress in court.

KLRC seems to be reading from a different script. the KLRC made to the Judicial Service Commission Act of 2011