Incoming JSC Women Representative Ekaterina Handa Calls for Passage of Bill to Strengthen Accountability in Judiciary

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Incoming Judicial Service Commission (JSC) Women Representative Ekaterina Handa , has called on the National Assembly to pass legislation aimed at strengthening the regulatory framework governing the implementation of laws within the justice system. Speaking during a public participation forum, Handa said the proposed Bill, which has already been passed by the Senate, is critical in ensuring that laws are implemented within clear timelines and that institutions mandated to make regulations do so promptly.

Handa cited the Judicial Service Commission Act, enacted in 2011, noting that although it provides for regulations governing important functions of the Commission, including procedures relating to complaints against judges, the necessary regulatory framework has not been fully implemented. She argued that the absence of clear regulations creates uncertainty for both members of the public and institutions within the justice system, particularly when complaints are raised against judicial officers.

According to Handa, having clear and predictable procedures would enhance accountability while safeguarding the independence of the Judiciary. She stressed that judicial independence and the rule of law must work hand in hand, with institutions remaining accountable to the public while being protected from undue interference.

She urged Members of the National Assembly to consider and pass the Bill after its approval by the Senate, paving the way for presidential assent and eventual enactment into law. Handa said the legislation would help address situations where laws are enacted but their implementation is delayed because the required regulations have not been developed.

The JSC representative further pointed to previous court decisions that have underscored the importance of regulations in ensuring that the Judiciary operates effectively and transparently. She said clear regulations would give members of the public confidence that complaints submitted to the JSC will be handled through known, fair and predictable procedures.

Handa maintained that strengthening the regulatory framework is not about undermining judicial independence, but about ensuring that the justice system functions effectively, remains accountable and continues to uphold the rule of law. She called for the proposed reforms to be treated as an important step towards strengthening Kenya's justice institutions and improving public confidence in the administration of justice.

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