Judicial Service Commission

Long battle by 42 magistrates heads to employment and labour relations court

MORE than 40 former magistrates have taken another step in their fight against the Judicial Service Commission of Kenya. The magistrates have been contesting their 2003 dismissal, when they were “retired in the public interest”, a compulsory move made as part of “radical surgery” intended to deal with corruption in the judiciary at the time. They say they were wrongly dismissed and initially took their case to the high court’s constitutional division.

THE case of the 42 magistrates is another long-running legal battle aimed at reversing some of the “radical surgery” performed on the Kenyan judiciary in the years from 2002.

That was the year in which tough steps were taken to root out corruption within the judicial sphere and a number of judges and other judicial officers were let go.

Kenya: Judicial Service Commission demands recusal of Supreme Court justices

IN an extraordinary move, Kenya’s judicial service commission has tried to persuade virtually all of that country’s top judges, from the chief justice down, to recuse themselves from hearing a matter involving the JSC. The commission argued that as this would disqualify the supreme court from hearing the matter, the decision of the lower court should stand as the final word.

THIS is the latest episode in a long-running dispute between Gladys Shollei and Kenya’s Judicial Service Commission. However, what might have started as a straightforward appeal became something quite different with an application by the JSC that virtually all the supreme court judges recuse themselves from considering the matter.

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