Describe the main function and composition of Judicial Service Commission

Describe the main function and composition of Judicial Service Commission

ANSWER

The Judicial Service Commission is established It is established by Article 171 of the Constitution. It consists of:

Composition/Membership

Under Article 171 (2) or the Act, the Judicial Service Commission shall consist of:

1. The Chief Justice, who shall be the chairperson of the Commission;
2. One Supreme Court judge elected by the judges of the Supreme Court;
3. One Court of Appeal judge elected by the judges of the Court of Appeal;
4. One High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;
5. The Attorney-General;
6. No advocates, one a woman and one a man, each of whom has at least fifteen years experience, elected by the members of the statutory body responsible for the professional mutilation of advocates;
7. One person nominated by the Public Service Commission; and
8. One woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly.

The chief Registrar of the Judiciary shall be the Secretary to the Commission,

Members at the Commission, apart tram the Chief Justice and the Attorney-General, shall hold office, provided that they remain qualified; for a term of 6 years and shall be eligible to be nominated for one further term of five years.

POWERS OF THE COMMISSION

1. To act independently, must be under the control or directions of any person or authority.
2. To make rules to regulate its procedure
3. To delegate powers to its members (judges)
4. To act not withstanding a vacancy in its membership.
5. To confer powers and impose duties on public service with the president’s consent.

FUNCTIONS OF THE JUDICIAL SERVICE COMMISSION

Under Article 72 of the Constitution, the Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall:

1. Recommend to the President persons far appointment as judges;
2. Review and make recommendations on the conditions of service of:-
3. Judges and judicial officers, other than their remuneration; and
4. The staff of the Judiciary;
5. Appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament;
6. Prepare and implement programmes tar the continuing education and training of judges and judicial officers; and
7. Advise the national government on improving the efficiency of the administration of justice. In the performance of its functions, the Commission shall be guided by the following:-
8. Competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
9. The promotion of gender equality.

Generally, the JSC serves the following functions as well:

1. Administration: It is the principal administrative organ of the judiciary i.e. administers the judicial department
2. Advisory: It advises the President on the appointment of Judges of superior courts. Its vote is purely advisory.
3. Appointment: It engages-Magistrates, High Court Registrars, Kadhis and other judicial staff e.g. personnel, officers. clerks etc. –
4. Discipline: It disciplines Magistrates, Registrars, Kadhis and other staff of the department.