The Judicial Service Commission has announced it will appeal a High Court judgment delivered in Constitutional Petition No. E110 of 2025, arguing that parts of the decision constrain its constitutional mandate.
In a statement dated December 24, 2025, the Commission said it had taken note of the judgment, which concerns how it discharges its role in receiving, considering, and managing petitions against judges .
The JSC emphasized that it is a constitutional commission established under Article 171, with an express mandate under Articles 168 and 172 to safeguard judicial independence while promoting accountability within the Judiciary .
While affirming its respect for the authority and decisional independence of the courts, the Commission said it was dissatisfied with aspects of the ruling, which it believes limit its ability to act on petitions seeking the removal of judges where constitutional thresholds are met .
The Commission confirmed it has already filed an appeal, stating that the move is in the public interest and aimed at obtaining clarity on the proper interpretation and application of Article 168 of the Constitution .
Despite the dispute, the JSC reiterated its commitment to uphold the Constitution, respect court decisions, and pursue any disagreements through lawful appellate processes, describing itself as a steadfast champion of judicial independence, accountability, and the rule of law in Kenya
