The Judicial Service Commission (JSC) has published detailed regulations outlining procedures for removing superior court judges from office. The rules cover commission-initiated actions and free public petitions. They seek to ensure judicial accountability while protecting independence.
The Judicial Service Commission (JSC) has published comprehensive regulations under Sections 47(1) and 47(2)(c) of the Judicial Service Act to implement Article 168 of the Constitution. The rules apply to superior court judges and outline two main paths: removals initiated by the commission itself and petitions from the public.
A panel of at least five JSC members, including a chairperson, will investigate all cases. It can summon witnesses, receive evidence, and demand documents for thorough probes.
For commission-initiated removals, JSC conducts a preliminary review of credible information on grounds such as incapacity, incompetence, gross misconduct, breach of judicial ethics, or bankruptcy. If admitted, the judge is served with allegations, witness statements, and documents, and has 21 days to respond.
Any member of the public can submit a free petition detailing the judge, facts, and evidence. JSC acknowledges receipt within seven days and conducts a preliminary review within 30 days. If viable, it is served on the judge for a 21-day response.
Hearings feature sworn witnesses, cross-examinations, and possible closed sessions for vulnerable parties. The panel issues a report within 14 days, recommending dismissal or referral to the President under Article 168(4). The rules also permit electronic filings, virtual hearings, and public comments until April 8.
