A constitutional petition has been filed at the High Court seeking to stop the Judicial Service Commission (JSC) and Chief Justice Martha Koome from publishing individual performance reports for judges and judicial officers, with the petitioner arguing that the exercise lacks a legal framework and threatens judicial independence.
The case, filed by Nairobi resident Duncun Kariuki, seeks urgent conservatory orders barring the JSC and the CJ Koome from releasing the reports, which were scheduled for publication from July 15, 2026.
Kariuki argues that the decision to publish individual performance data was announced during a press conference on April 29, 2026, after the JSC concluded interviews for a Supreme Court judge, before further directions were issued by Judiciary Spokesperson Paul Ndemo on July 3, 2026.
According to the petition, the publication has no statutory or policy framework governing how the performance data was collected, assessed or is to be released.
"The intended publication is absent of any rules, regulations or policy framework governing the collection, evaluation and publication of such individual performance data," the petition states.
Kariuki further contends that the announcement was not subjected to public participation and was not part of the agenda during the Supreme Court recruitment process.
He argues that while the Judicial Service Act empowers the JSC to develop regulations on the Judiciary's performance appraisal system, no such regulations have been enacted, making the intended publication unlawful.
The petitioner also claims the publication would expose judges and judicial officers to ridicule, cyber harassment, doxxing and undue public pressure, undermining their independence in deciding cases.
"The intended publication exposes judges and judicial officers to the real risk of ridicule, doxxing, cyber harassment and other threats to their personal security and independence, thereby posing a direct threat to the administration of justice," the court papers state.
The petition further argues that judicial performance cannot be fairly measured using raw statistics because factors such as case complexity, court infrastructure, workload, staff shortages, illness and administrative duties differ from one judicial officer to another.
Kariuki also wants the High Court to declare that neither the JSC nor the CJ has the constitutional or statutory authority to publish individual performance data for judges and judicial officers.
He further seeks a declaration that Section 5(2)(c) of the Judicial Service Act is unconstitutional to the extent that it grants the CJ powers to direct and control the Judiciary.
Additionally, he wants the court to compel the JSC to instead publish reports on the state of judicial facilities, security, transport, training and working conditions for judges and judicial officers across the country, arguing that these factors have a direct bearing on their performance.
The petition is yet to be heard by the High Court.
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