The Judicial Service Commission (JSC) has urged the Executive to appoint judges promptly and cease attacks on judicial offices, warning that such actions undermine judicial independence.

Appearing before MPs on the Constitutional Implementation Oversight Committee, the JSC revealed the judiciary faces a backlog of 257,000 cases. Vice chairperson Isaak Rutto (pictured) and Chief Registrar Winfridah Mokaya said tensions between government arms have violated constitutional provisions and encroached on judicial independence.

“Occasions of delay or refusal by the Executive to appoint judges recommended by the JSC and persistent attacks on Judges on decisions made undermine constitutional expectations and strain inter-arm relations,” Mokaya stated. She warned this “signals possible encroachment on judicial independence protected under Articles 160 and 172 and shows public perception of politicisation of the bench.”

The JSC called for “respect by each arm of its mandate and powers and constant engagement to reduce tensions.”

Judges’ terms

Mokaya also sought clarity on the Salaries and Remuneration Commission’s mandate regarding judges’ terms and benefits, noting overlapping responsibilities have created institutional friction and inconsistent service conditions. This has led to conflicting circulars, litigation over remuneration, administrative delays, and budgetary uncertainty.

“Clarity mandates through targeted statutory or constitutional alignment,” she emphasized.

Insisting judicial independence is non-negotiable, Mokaya urged MPs to amend the Constitution to increase the JSC’s budget to at least 3.5 percent of the national budget.

Currently receiving less than one percent, she argued this underfunding has created staff shortages, limited rural access to justice, and compromised oversight.