The Court of Appeal has issued a temporary stay of execution against a High Court judgment that had barred the Judicial Service Commission (JSC) from processing complaints against judges and judicial officers.
The decision followed an application filed in which the Law Society of Kenya (LSK) appeared as a key party.
The contested High Court ruling, delivered by a three-judge bench, had held that the JSC could not handle disciplinary complaints in the absence of specific regulations, a decision that sparked widespread concern within the legal fraternity.
Appearing before the Court of Appeal earlier today, LSK urged the judges to halt the enforcement of that judgment pending the hearing and determination of a substantive appeal.
The LSK-affiliated lawyers argued that allowing the High Court decision to take effect would cripple the JSC’s constitutional mandate and undermine judicial accountability across the country.
They maintained that the absence of regulations should not suspend constitutional duties expressly granted to the JSC under the Constitution of Kenya.
After considering the arguments, the Court of Appeal granted a temporary stay of execution of the High Court judgment.
The appellate court said it would deliver a detailed ruling on the matter on January 23, 2026.
The temporary stay effectively restores the JSC’s authority to receive, process, and act on complaints against judges and judicial officers in the interim.
This temporary stay comes after the Commission on Administrative Justice (CAJ) slapped the Judiciary Service Commission (JSC) with a 21-day ultimatum to publish all complaints lodged against judges and their outcomes on their public website and other platforms over a year ago.
Initially, complaints against judges went unpunished, considering that since the conception of the JSC, 935 cases against judges had been lodged.
LSK welcomed the decision, saying it allows the commission to continue safeguarding integrity and accountability within the Judiciary.
The outcome of the full appeal is now keenly awaited, as it is expected to have far-reaching implications on judicial discipline, oversight, and the balance between constitutional mandates and regulatory frameworks in Kenya.
