Judges and Magistrates Vetting Board v Kenya Magistrates and Judges Association & another
The bottom line
#The Vetting Board can only judge judges based on conduct before the 2010 Constitution took effect.
What this practically means
#The Supreme Court ruled that the Judges and Magistrates Vetting Board can only investigate conduct that happened before August 27, 2010, when the new Constitution took effect. The Board cannot look at what judges did after that date. Any misconduct after that date must be handled by the Judicial Service Commission, not the Vetting Board. This keeps the two bodies separate and within their proper roles.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether this Court has jurisdiction to hear and determine this appeal in light of its Judgment in Judges and Magistrates Vetting Board and Others v. Center for Human Rights and Democracy and Others; Supreme Court Petition No. 13A, 14 and 15 of 2013
- 2.whether the Judges and Magistrates Vetting Board, in execution of its mandate as stipulated in Section 23 of the Sixth Schedule to the Constitution of 2010, can investigate the conduct of Judges and Magistrates who were in office on the effective date, on the basis of alleged acts and omissions arising after the effective date
Key legal issues
#Whether the Supreme Court has jurisdiction to hear this appeal given the ouster clause in Section 23(2) of the Sixth Schedule and the decision in JMVB (I).
The Supreme Court has jurisdiction because this appeal raises a different question—the scope of the Vetting Board's mandate—not a review of individual vetting decisions.
The Court distinguished JMVB (I), which held that no court can review the process or outcome of the Vetting Board's decisions. The present appeal concerns the interpretation of Section 23 of the Sixth Schedule and Section 18 of the VJM Act, which is a constitutional interpretation question falling under Article 163(4)(a). The Court found that declining jurisdiction would defeat the vetting process.
Whether the Judges and Magistrates Vetting Board can investigate conduct of judicial officers occurring after the effective date (27th August 2010).
The Vetting Board cannot investigate conduct after the effective date; its mandate is limited to acts and omissions before that date.
The Court reasoned that Section 23(1) of the Sixth Schedule limits vetting to judges and magistrates 'who were in office on the effective date' and their suitability to continue serving. The transitional nature of vetting means it cannot be a continuous process. Conduct after the effective date falls under the JSC's disciplinary mandate. The Board cannot wait to act on future conduct; it must assess past conduct to determine suitability for transition.
Whether the Vetting Board's consideration of post-effective date conduct would encroach on the JSC's disciplinary mandate.
The Constitution envisages a harmonious coexistence between the Vetting Board and JSC, with no overlap if each stays within its mandate.
The Court noted that the Constitution has in-built mechanisms ensuring coexistence: vetting is transitional and one-off, while JSC discipline is permanent. The Board should report post-effective date misconduct to the JSC. Hypothetical conflicts do not justify expanding the Board's mandate. The JSC handed over pre-effective date complaints to the Board, showing coordination.
Legal principles established
#- The Vetting Board's mandate is limited to acts and omissions before the effective date of the 2010 Constitution.
- The Supreme Court can interpret the Constitution on the Board's mandate, even if it cannot review individual vetting decisions.
- Vetting is a one-off transitional process, not an ongoing review of judicial conduct.
- Post-effective date judicial misconduct falls under the Judicial Service Commission's disciplinary powers.
- The Constitution ensures the Vetting Board and JSC can coexist without overlapping mandates.
Court orders
#- 1.The Petition dated 15th August 2014, is hereby disallowed.
- 2.The Judgment of the Court of Appeal dated 11 July 2014 is hereby upheld.
- 3.Costs of this appeal shall be borne by the appellant.
The bench
#Judges wrote separately. A dissent does not bind; a concurrence may narrow the ratio.
Wrote the judgment
Wrote the judgment
The dissenting opinion holds that the Vetting Board can consider conduct after the effective date because suitability is a holistic assessment not confined to a specific period, and Section 18 of the VJM Act does not impose a time limitation. The dissent argues that the majority's interpretation reverses JMVB (I), introduces potential review of Board processes, and infers unconstitutionality of Sections 18 and 19 of the VJM Act.
The bar to the admissibility of acts or omissions after the effective date by the Vetting Board is in my respectful view, a constitutional misinterpretation and the disruption of a sanctioned constitutional process.p. 24
- On appeal from
- Court of Appeal at Nairobi
- Civil Appeal No. 93 of 2014
- Jurisdiction invoked
- Article 163(4)(a) of the Constitution
Relief refused
#Setting aside the High Court and Court of Appeal orders
The Supreme Court upheld the concurrent findings that the Vetting Board cannot investigate conduct after the effective date.
Costs
Costs of this appeal shall be borne by the appellant.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
We find and hold that the Judges and Magistrates Vetting Board, in execution of its mandate as stipulated in Section 23 of the Sixth Schedule to the Constitution of 2010, can only investigate the conduct of Judges and Magistrates who were in office on the effective date on the basis of alleged acts and omissions arising before the effective date, and not after the effective date.
The Petition dated 15th August 2014, is hereby disallowed.
The Judgment of the Court of Appeal dated 11 July 2014 is hereby upheld.
Costs of this appeal shall be borne by the appellant.
We do not see how our decision in JMVB (1), which was responding to a different question, can deprive this Court of its jurisdiction to interpret and apply the Constitution, in conformity with Article 163 (4) (a) thereof.
The Constitution has in-built mechanisms which have ensured a harmonious coexistence between the vetting process for Judges and Magistrates who were in office on the effective date (an exclusive mandate of the Board), and the disciplinary process for all judicial officers who were not in office on the effective date, including those who have already been vetted (an exclusive mandate of the JSC).
Key timeline
#Practical implications
#Limit Board's evidence to pre-2010
When representing clients before the Vetting Board, ensure all evidence of judicial misconduct relates to acts or omissions before August 27, 2010. Any post-effective date conduct must be referred to the JSC. This ruling also confirms the Supreme Court's jurisdiction to interpret the Board's mandate, so appeals on scope questions remain viable.
Know which body handles complaints
If you have a complaint about a judge's conduct that occurred after August 27, 2010, direct it to the Judicial Service Commission, not the Vetting Board. The Board only handles pre-2010 conduct. This clarity helps you choose the right channel and avoid delays in addressing judicial misconduct that may affect your cases.
Report post-2010 misconduct to JSC
If you believe a judge acted improperly after 2010, file your complaint with the Judicial Service Commission. The Vetting Board cannot act on such complaints. This ruling ensures your report goes to the right authority, increasing the chance it will be investigated and addressed properly.
Frequently asked questions
#What is the Vetting Board's role in Kenya after this Supreme Court ruling?+
The Vetting Board can only assess judges and magistrates who were in office on August 27, 2010, based on their conduct before that date. It cannot investigate anything they did after that date. The Board's job is a one-time check to see if they should stay in the new system.
Can the Vetting Board investigate a judge for misconduct after 2010 in Kenya?+
No. The Supreme Court ruled that the Board's mandate is limited to conduct before the 2010 Constitution took effect. Any misconduct after that date must be reported to the Judicial Service Commission, which handles discipline for all judicial officers.
What happens to complaints about a judge's post-2010 conduct in Kenya?+
Such complaints go to the Judicial Service Commission (JSC), not the Vetting Board. The JSC has the power to discipline judges for misconduct that occurs after August 27, 2010. This keeps the two bodies separate and ensures proper handling of complaints.
Does this ruling affect the Vetting Board's ongoing work in Kenya?+
Yes. The Board must now focus only on pre-2010 conduct when vetting judges. It cannot consider any post-effective date actions. This may limit the evidence it can use and could affect how it assesses a judge's suitability to continue serving.
Later judgments citing this (7)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Bloggers Association of Kenya (BAKE) v Attorney General & 6 others (Civil Appeal 197 of 2020) [2026] KECA 430 (KLR)[2026] KECA 430 (KLR)6 Mar 2026followed
- Ogola & 46 others v Sandhu t/a Hotel Royale; Bank of Baroda (K) Ltd (Garnishee) (Cause E016 of 2013) [2025] KEELRC 2906 (KLR)[2025] KEELRC 2906 (KLR)27 Oct 2025applied
- Judicial Service Commission v Oduor & 5 others[2024] KESC 53 (KLR)30 Aug 2024followed
- Judicial Service Commission v Oduor & 5 others[2023] KESC 32 (KLR)21 Apr 2023followed
- Shinyada v Judicial Service Commission (Petition E106 of 2020) [2021] KEELRC 5 (KLR)[2021] KEELRC 5 (KLR)26 Nov 2021
- Ombija v Judges and Magistrates Vetting Board (Civil Appeal 281 of 2015) [2015] KECA 129 (KLR)[2015] KECA 129 (KLR)14 Dec 2015
- Ombija v Judges and Magistrates Vetting Board (Civil Appeal 281 of 2015) [2015] KECA 129 (KLR)[2015] KECA 129 (KLR)14 Dec 2015followed
Cite this brief
#Cite this brief
Caselaw, "Judges and Magistrates Vetting Board v Kenya Magistrates and Judges Association & another", Case Analysis (2014). Petition 29 of 2014. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2014/4/eng@2014-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.