Kenya: Judges, Magistrates Take On LSK Over Graft and Misconduct Claims

22 November 2024

The Kenya Magistrates and Judges Association (KMJA) Executive Council has called on the Law Society of Kenya (LSK) to formalize any accusations against judges, judicial officers, or staff to facilitate appropriate investigations.

This follows allegations by the LSK, which accused judges and Judiciary staff of institutionalized corruption, claiming credible evidence of widespread misconduct within the judicial system.

KMJA President, Justice Stephen Radido, urged the LSK to engage constructively with the Judiciary through constitutional frameworks designed to ensure accountability and to enhance public confidence in the judicial system.

"We encourage the leadership of the Law Society to work collaboratively with the Judiciary and its organs to transform allegations into positive actions that promote progress, transparency, and justice for all Kenyans," the statement read.

The KMJA emphasized that the Constitution, the Judicial Service Act, and other statutory provisions provide mechanisms for addressing judicial misconduct.

Legal framework

The association challenged to formally invite the Ethics and Anti-Corruption Commission (EACC) to investigate alleged corruption incidents in line with its mandate.

"All stakeholders, including the Law Society and the wider public, are encouraged to utilize these established channels for addressing valid grievances," the statement added.

The KMJA further highlighted that a collaborative approach can create an environment that ensures accountability while safeguarding the dignity and integrity of all parties involved, without antagonizing the Judiciary or the public.

LSK, in its statement, criticized the Judicial Service Commission (JSC), accusing it of failing to address corruption, promote transparency, and safeguard the Judiciary's independence.

The LSK claimed to have received numerous complaints of alleged bribery and unethical conduct by judicial officers, warning that such practices erode the Judiciary's credibility and effectiveness.

"All surveys and persistent complaints from our members point to a complacent Judiciary that cannot defend itself against allegations of rampant corruption within its ranks," the LSK stated.

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