Petition filed to block JSC from publishing judges' performance data

The petitioner Duncan Kariuki has asked the court to certify the matter as extremely urgent and issue interim orders barring the Judicial Service Commission and its Secretary from releasing the performance data pending the hearing and determination of the case.

According to court documents filed  by Gathenji & Co. Advocates, the petitioner argues that the planned publication, expected from July 15, 2026, has no statutory or policy framework to guide how the information will be collected, analyzed and made public.

The petitioner further contends that the intended publication has not been anchored in any law or regulations and that it amounts to an unlawful exercise of power by the respondents.

The case also seeks the certification of the petition as one raising substantial constitutional questions under Article 165(4) of the Constitution so that it can be heard by a bench of an uneven number of judges.

In the application, the petitioner argues that the decision to publish individual performance data was announced during the declaration of the successful candidate for the vacant Supreme Court judge position, yet there had been no prior agenda, policy or board resolution on the issue.

The petitioner maintains that performance evaluation of judges and judicial officers should only be undertaken within the framework provided under the Judicial Service Act and through regulations developed in accordance with the law, rather than through a public announcement or press release.

The court papers further claim that publishing individual performance data without clear guidelines would expose judges and judicial officers to undue pressure, compromise their independence and encourage competition based on the number of cases handled instead of the quality of judicial decisions.

The petitioner argues that judicial officers have no absolute control over factors such as adjournments, availability of court facilities, illness or other circumstances that may affect the pace at which cases are concluded, making individual performance statistics potentially misleading.

The petition also cites international principles on judicial independence, including the Basic Principles on the Independence of the Judiciary and the Nauru Declaration on Judicial Well-being, arguing that the proposed publication could undermine impartial decision-making and negatively affect the administration of justice.