JSC Responds to Daily Nation’s Controversial Article on 10 Judges

Chief Justice Martha Koome during her assumption of office ceremony on May 24, 2021
Chief Justice Martha Koome during her assumption of office ceremony on May 24, 2021
File

The Judicial Service Commission (JSC) has taken a swipe at Nation Media Group (NMG) over a controversial article published on Monday, November 25, titled, “Why 10 Judges face ouster over Ksh. 3bn land feud.”

JSC, in a statement issued on Tuesday, November 26, admitted to receiving five petitions filed on October 11 this year, which sought the removal of ten judges. According to the Commission, the petition referenced another suit filed in court 32 years ago, in 1992.

The Commission clarified that while the current petition was still in the process of hearing and determination, the Judiciary already proclaimed itself on the suit filed before it in 1992.

The petition filed before the court last month implicates ten judges involved in the hearing and determination of a Ksh30 billion land case between a state-owned organisation and a Kenyan family. 

Nation Media Group building located at Kimathi Street in Nairobi CBD
Nation Media Group building located at Kimathi Street in Nairobi CBD
Photo
Nation

According to the article by the Daily Nation, the petition seeks the removal of the 10 senior judges for alleged misconduct in handling a decades-long dispute over 443 acres of land in Juja, Kiambu County.

In its view, JSC termed the article a "sensationalised and one-sided story that was based solely on the petitioner's claims," thus unfairly exposing the judges in question to reputational damage.

JSC further noted that the article speculates on potential outcomes, including the implications of the removal of the said judges, yet the matter is yet to be heard or determined by the Commission.

While clarifying the matter, JSC called on the media to avoid agenda-setting, which is aimed at disparaging the institution and entrenching unsubstantiated narratives, and instead allow due process to take its course without skewing public sentiment or creating unwarranted speculation.

“The JSC recognises the critical role of the media in ensuring access to information by the public but urges practitioners to maintain fairness, balance, and responsibility in their reporting,” read part of the statement by the JSC.

Meanwhile, the commission also responded to the Law Society of Kenya's (LSK) recent statement which raised questions about the independence of the country's judicial system.

The commission noted that the statement recently issued by the law society did not outline specific instances where the JSC failed to act on graft allegations within its organs.

"The JSC reaffirms its unwavering commitment to promoting and facilitating the accountability of the Judiciary. We assure the public that all petitions and complaints will continue to be handled with the highest level of integrity, impartiality, and adherence to due process," read part of the commission's statement.

Law Society of Kenya (LSK) President Faith Odhiambo addressing the press.
Law Society of Kenya (LSK) President Faith Odhiambo addressing the press.
Photo
Faith Odhiambo