The Judicial Service Commission (JSC) has asked Parliament to approve new regulations setting out procedures for the removal of judges from office, saying the current lack of clear guidelines has created uncertainty and raised concerns about fairness in disciplinary proceedings.
In submissions presented by Justice Fatuma Sichale, the Commission defended the proposed Judicial Service (Preliminary Procedures for Making Recommendations for Removal of a Judge from Office) Regulations, 2026, saying they would promote transparency, accountability and consistency in handling petitions against judges.
The submissions were made before the National Assembly Committee on Delegated Legislation, which had earlier reviewed the proposed regulations and raised concerns that required further consideration.
JSC said that although the Constitution provides for the removal of judges, the absence of specific regulations has made it difficult to handle petitions filed by members of the public and advocates.
"The lack of Regulations has resulted in a lack of clarity, especially on the applicable procedures to be used in processing petitions against judges, thus resulting in accusations of arbitrariness and denial of a fair, predictable hearing process by judges," the Commission stated.
Under Article 168 of the Constitution, the JSC can initiate the removal of a judge either on its own motion or through a written petition submitted by any person.
The Commission must consider the petition and, if it establishes grounds for removal under Article 168(1), forward the matter to the President.
The proposed regulations seek to establish clear procedures for processing such petitions while protecting the independence of the Judiciary and the rights of judges facing removal proceedings.
The JSC said the regulations were developed under Section 47(2)(c) of the Judicial Service Act, which empowers the Commission to make rules necessary to carry out its constitutional and statutory responsibilities.
The drafting process involved consultations with key players in the justice sector, including the Supreme Court, Court of Appeal, Law Society of Kenya, Kenya Magistrates and Judges Association, Kenya Judges and Magistrates Welfare Association, Witness Protection Agency and Kenya Judiciary Staff Association.
The Commission also received input from the Attorney General's office, which was incorporated into the draft regulations.
The JSC ratified the proposed regulations on January 6, 2026, before forwarding them to the Attorney General for formal drafting.
On May 14, 2026, the Commission held a pre-publication scrutiny meeting with the National Assembly Committee on Delegated Legislation. The committee raised concerns and made recommendations, which the JSC said it considered before revising the draft.
The Commission also pointed to gaps in court decisions on the removal of judges since the promulgation of the 2010 Constitution, arguing that the proposed regulations would help address procedural uncertainties.
If approved, the regulations are expected to improve the handling of petitions, clarify procedures for cases initiated by the Commission itself and strengthen its oversight role.
The JSC, however, acknowledged that inadequate funding for the Judiciary and the Commission remains a challenge in implementing its mandate.
The Commission urged Parliament to approve the proposed regulations, saying they would provide a clearer legal framework for handling complaints and disciplinary proceedings involving judges.