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Chief Registrar of the Judiciary Winfridah Mokaya, who serves as secretary to both the JSC and JLT, said the changes are based on the need to protect the independence of the Judiciary while ensuring that it remains answerable to the public.
JSC Vice-Chair Isaac Rutto told the National Assembly’s Constitutional Implementation Oversight Committee (CIOC) that the commission “can only recommend removal of a judge or dismiss petitions and complaints, with no provision for immediate sanctions when minor violations are identified.”
Justices Jairus Ngaah, Lawrence Mugambi, and John Chigiti ruled that petitioners Guyo Ali Guracha, Mohamed Wario Jattani, Teddy M. Muturi, and Steven Kihonge Ndung’u did not provide sufficient evidence to show that Governor Guyo and his deputy, John Lowasa, formally left UDA for the Jubilee Party.
According to Kindiki, the government has boosted the number of judges to help speed up the delivery of justice. Since 2022, 51 judges have joined the High Court, the Land and Environment Court and the Court of Appeal. Another 40 are currently being hired, while 45 more will be recruited next year.
Under the plan, judges would not contribute to their retirement fund, meaning the government would shoulder the entire cost. This is against the commission’s recommendation to place all state officers under a defined contribution scheme, which aligns with national policy and the Pensions Increase Act, 2005.
The appointments, contained in Gazette Notices dated October 10 and 19, 2025, target corruption, land, and labour disputes, areas that have recorded some of the highest case backlogs in the courts.
The confrontation followed the Auditor General’s report on the Judiciary’s financial statements for the year ended June 30, 2023. Auditor General Nancy Gathungu highlighted irregular domestic travel and subsistence allowances paid to top judicial officers, including the Chief Justice, Deputy Chief Justice, all judges, the Chief Registrar, Deputy Chief Registrar, chief magistrates, and staff in job groups PLS 16 and 17.
CJ Koome also highlighted that High Court stations and registries have now been established in every county, unlike before 2010 when they were limited to provincial headquarters and major towns.
The commission also warns that the Bill contains a supremacy clause declaring that, in case of any conflict with other laws, its provisions shall take precedence.
Among the benefits proposed is a monthly transport allowance equivalent to one-seventh of a judge’s basic salary, paid out as a lump sum over 120 months upon retirement.
He revealed that each judge is handling up to 450 cases annually, a workload that makes it difficult to deliver timely justice.