Report On Consideration Of The Kenya Judiciary Academy Bill (national Assembly Bill No. 42 Of 2025)

REPUBLICOFKENYA

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEON JUSTICEANDLEGALAFFAIRS

DATE:

2 6 MAY 2026

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

TABLEOFCONTENTS

| TableofContents | TableofContents | TableofContents | |-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------| | Listof Abbreviations and Acronyms.. | Listof Abbreviations and Acronyms.. | Listof Abbreviations and Acronyms.. | | ListofAnnexures... | ListofAnnexures... | ListofAnnexures... | | Chairperson'sForeword | Chairperson'sForeword | Chairperson'sForeword | | CHAPTERONE | CHAPTERONE | CHAPTERONE | | Preface... | Preface... | Preface... | | 1.1 | EstablishmentoftheCommittee | | | 1.2 | Mandateofthe Committee.. | | | 1.3 | Committee Membership | | | 1.4 | CommitteeSecretariat | | | CHAPTERTWO | CHAPTERTWO | CHAPTERTWO | | 2 Overview of the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of 2025)5 | 2 Overview of the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of 2025)5 | 2 Overview of the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of 2025)5 | | 2.1 | Background.. | 5 | | 2.2 | SummaryofLegalProvisions | 5 | | CHAPTERTHREE | CHAPTERTHREE | CHAPTERTHREE | | 3 PublicParticipation and Stakeholder Engagement on the Bill | 3 PublicParticipation and Stakeholder Engagement on the Bill | 3 PublicParticipation and Stakeholder Engagement on the Bill | | 3.1 | LegalFrameworkonPublicParticipation | | | 3.2 | Memoranda Received on the Bill.. | | | 3.2.1 Submissions in support of the Bill. | 3.2.1 Submissions in support of the Bill. | | | 3.2.2 | Submissions by the public and stakeholders with proposed amendments... | | | CHAPTERFOUR 16 | CHAPTERFOUR 16 | CHAPTERFOUR 16 | | 4 | CommitteeObservations. | 16 | | CHAPTERFIVE. 17 | CHAPTERFIVE. 17 | CHAPTERFIVE. 17 | | 5 | CommitteeRecommendations | 17 | | CHAPTERSIX 18 | CHAPTERSIX 18 | CHAPTERSIX 18 | | 6 ScheduleofAmendments 18 | 6 ScheduleofAmendments 18 | 6 ScheduleofAmendments 18 |

LISTOFABBREVIATIONSANDACRONYMS

| CBS | Chiefof the Orderof theBurningSpear | |-------|-------------------------------------------| | CPST | CentreforParliamentaryStudiesandTraining | | CUE | CommissionforUniversity Education | | EBS | Elderof theOrderof theBurningSpear | | EGH | ElderoftheOrderoftheGoldenHeart | | FORD | Forum for the Restoration of Democracy | | ICT | Information, Communication and Technology | | JSC | Judicial Service Commission | | KJA | Kenya Judiciary Academy | | LSK | LawSocietyof Kenya | | MCCP | MaendeleoChapChapParty | | MP | MemberofParliament | | OAG | Office of the Attorney-General | | ODM | Orange Democratic Movement | | OGW | Order of the Grand Warrior | | UDA | UnitedDemocraticAlliance | | UDM | UnitedDemocraticMovement | | WDM | WiperDemocraticMovement |

LISTOFANNEXURES

Annexure I:Adoption Schedule

Annexure2:Minutes

Annexure 3:The Kenya Judiciary Academy Bill, 2025

Annexure 4:Advertisement inviting the public to submit memoranda on the Bill

Annexure5:Letterfrom theClerkof theNational Assembly inviting stakeholders to

attend thepublicparticipationforum

Annexure6:MemorandabyStakeholders

CHAIRPERSON'SFOREWORD

This Report contains the proceedings of the Departmental Committee on Justice and Legal Affairs on its consideration of the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of2025)whichwaspublishedon18thJuly2025.TheBillwasread aFirstTimeintheHouse on 14th August 2025 and committed to the Committee to facilitate public participation.

The Bill seeks togive effect toArticle I72(l)(d) of the Constitution by establishing the Kenya Judiciary Academy (KjA) which shall be the principal institution responsible for implementing and coordinating the continuing education and training of judges, judicial officers and judicial staff.

In compliance with Article 1l8(b) of the Constitution and Standing Order 127(3), the Committee placed an advertisement in the print media on 22"d August 2025 inviting the public to submit memoranda by way of written statements on the Bill. The memoranda were tobe received on or before 5th September 2025 at 5.00 pm (East African Time). By the close of the submission deadline, the Committee had received seven (7) memoranda.In addition, the Committee vide a letter referenced NA/DDC/JLAC/2025/(1/3) dated 7th October 2025 invited key stakeholders to submit views on the Bill and attend a public participation forum on 22nd October 2025. Further vide a letter referenced NA/DDCljLAC/2026l(036) dated 14th April 2026, the Committee invited the Judicial Service Commission, Kenya Judiciary Academy and the Officeof theAttorney General forfurther consultationson 21"April 2026.

The Office of the Attorney-General (OAG), Judicial Service Commission (ISC), Kenya Judiciary Academy (KJA), Centre for Parliamentary Studies and Training (CPST), Law Society submitted theirviews on the Bill which the Committee considered in thepreparation of this Report.

Whileconsidering theBill,theCommitteeobservedthatitisthefunctionoftheJSCto judicial officers in accordance with Article I72(1)(d) of the Constitution.Currently, the training of judges, judicial officers and judicial staff is undertaken by the KjA, formerly the Judiciary Training Institute which was established through a Legal Notice. Therefore, the Bill seeks to establish the KjA as the principal institution responsible for the continuing education and training of judges, judicial officers and judicial staff.

The Committee is grateful to the Offices of the Speaker and Clerk of the National Assembly for the logistical and technical support accorded to it during its consideration of the Bill. The Committee further wishes to thank the OAG, JSC, KJA, CPST, LSK, National Treasury, Kituo chaSheria and Hon.Elizabeth Mutile MuindiWamae for submittingviews on the Bill.Finally,I wish to express my appreciation to the Honourable Members of the Committee and the Committee Secretariat whomade usefulcontributions towards the preparationand production of this report.

Onbehalfof theDepartmental CommitteeonJustice and Legal Affairs andpursuant tothe provisions of Standing Order I99(6), it is my pleasant privilege and honour to present to this House the Report of the Committee on its consideration of the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of 2025).

It is my pleasure to report that the Committee has considered the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of 2025) and has the honour to report back to the National Assembly with the recommendation that the House approves the Bill with amendments.

Hon.Murugara George Gitonga, MP Chairman,Departmental CommitteeonJusticeand LegalAffairs

CHAPTERONE

I.1Establishmentofthe Committee

• 1.The Departmental Committee on Justice and Legal Affairs is one of twenty departmental committeesoftheNationalAssemblyestablishedunderStandingOrder2I6whose mandatepursuanttotheStandingOrder216(5)is asfollows:
• To investigate, inquire into, and report on all matters relating to the mandate, management,activities,administration,operations and estimates of the assigned ministriesanddepartments;
• ii. To study the programme and policy objectives of ministries and departments and the effectivenessoftheimplementation;
• ili. To, on a quarterly basis, monitor and report on the implementation of the national budget in respect of its mandate;
• iv. To study and review all legislationreferred to it;
• V. Tostudy,assess andanalysetherelativesuccessoftheministriesanddepartments as measuredbytheresultsobtained ascomparedwiththeirstatedobjectives;
• vi. Toinvestigate and inquire into all matters relating to the assigned ministries and departments as they may deem necessary, and as may be referred to them by the House;
• vi. Tovet and report on all appointments where the Constitution or any law requires the National Assembly to approve, except those under Standing Order 204 (Committee on Appointments);
• vili. To examine treaties, agreements and conventions;
• ix. Tomakereports andrecommendations to theHouse as often as possible,including recommendationsofproposedlegislation;
• X. To consider reports of Commissions and Independent Offices submitted to the House pursuanttotheprovisionsofArticle254oftheConstitution;and
• xi. To examine any questions raised by Members on a matter within its mandate.

1.2MandateoftheCommittee

• 2.In accordance with the Second Schedule of the Standing Orders,the Committee is mandated to consider:
• a) The Judiciary;
• b) Tribunals;
• ( Access to Justice;
• (P Publicprosecutions;
• e) Ethics, Integrity and Anti-corruption;
• f Correctionalservices;
• g) Community service orders and witness protection;
• h ConstitutionalAffairs;
• i) Sovereign immunity;
• i) Electionsincludingreferenda;
• k) Human rights;
• 1) Political parties; and
• m) The State Law Office including insolvency, law reform, public trusteeship, marriages and legal education.

3. In executing its mandate, the Committee oversights the following Ministries, Departments and Agencies:

• a) The Judiciary;
• c) State Department for Correctional Services;
• b) Judicial Service Commission;

5. (P State Law Office and Department of Justice;

• e) StateDepartmentforJustice,HumanRightsand Constitutional Affairs;

7. f Office of the Director ofPublicProsecutions;

• g) Ethicsand Anti-Corruption Commission;
• h) IndependentElectoral andBoundariesCommission;
• i) Commission on Administrative Justice;

11. i) Officeof theRegistrar ofPolitical Parties;

• k) )WitnessProtectionAgency;

13. 1)Kenya National Commission on Human Rights;

• m) Kenya Law Reform Commission; and

15. n)Council of Legal Education.

I.3 Committee Membership

4. The Committee was reconstituted by the House on 5th March 2025 and comprises the following Members:

Chairperson

Hon. Murugara George Gitonga, CBS, MP Tharaka Constituency UDA Party

Vice-Chairperson Hon. Mutuse Eckomas Mwengi, OGW, MP Kibwezi West Constituency MCCP Party

| Hon. Gladys Boss, MGH, MP Uasin Gishu Constituency UDA Party Hon. Onyiego Silvanus Osoro, CBS, MP | Hon. Maalim Farah, EGH, MP Dadaab Constituency WDM-Kenya | |-----------------------------------------------------------------------------------------------------|------------------------------------------------------------| | | Ruaraka Constituency | | South Mugirango Constituency | Hon.Francis Kajwang'Tom Joseph,CBS, MP | | UDA Party | ODM Party | | Hon.Wetang'ula Timothy Wanyoyi, CBS, MP | Hon.(Dr.)Otiende Amollo,SC,EBS,MP | | Westlands Constituency | Rarieda Constituency | | ODM Party | ODM Party | | Hon. Muchira Michael Mwangi, MP | Hon.Aden Daud, EBS, MP | | Ol Jorok Constituency | Wajir East Constituency | | UDA Party | Jubilee Party | | Hon.Makali John Okwisia, MP | Hon. Mogaka Stephen M., MP | | Kanduyi Constituency FORD-Kenya | West Mugirango Constituency | | Hon. Timothy Kipchumba Toroitich, MP | Jubilee Party | | Independent | | | Marakwet West Constituency | Hon. Harold Kimuge Kipchumba, MP NominatedMember | | Hon.CPA Suleka Hulbale Harun,MP | ODM Party | | Nominated Member | | | UDM Party | |

1.4 Committee Secretariat

• 5.The Committee is well-resourced and facilitated by the following staff:

Mr. Ahmed Salim Abdalla

ClerkAssistant I/Head ofSecretariat

Mr.Ronald Walala

Mr. Abdikafar Abdi

Principal Legal Counsel

Clerk Assistant IlI

Mr. Samuel Wanjiru

Mr. Omar Abdirahim

Clerk Assistant IIl

Fiscal Analyst I

Mr. Isaac Nabiswa

Ms.Vivienne Ogega

Legal Counsel Il

Research Officer III

Mr. John Nduaci

Ms. Rahab Chepkilin

Serjeant-At-Arms

Audio Assistant

Ms. Mary Kamande

Mr. Calvin Karung'o

Public Communications OfficerIll

Media RelationsOfficerIll

CHAPTER TWO

2 OVERVIEW OF THE KENYA JUDICIARY ACADEMY BILL (NATIONAL ASSEMBLY BILL NO.42 OF 2025)

2.1 Background

6. The Bill, sponsored by the Hon. George Gitonga Murugara, CBS, MP was published on 18th July 2025 and read a First Time in the House on I4th August 2025 (Annexure 3). It was thereaftercommitted to theCommittee inlinewithStanding Order127(l)of the National AssemblyStandingOrders.

2.2 Summary of Legal Provisions

7. The Bill seeks to give effect to Article 172(l)(d) of the Constitution by establishing the implementing and coordinating the continuing education and training of judges, judicial officers and judicial staff. 2. 8.In particular: 3. (a) Part I of the Bill provides for the short title, interpretation and object of the Act which includes providing a framework for the continuing education and training of judges, judicial officers, judicial staff and other actors in the justice sector. 4. (b)Part ll of the Bill provides for the establishment and functions of the KjA which includes being the principal institution for implementing and coordinating the training and capacity building of judges, judicial officers and judicial staff. The Bill provides that KJA shall beadministeredbyaBoardofDirectorswhosechairpersonshall be appointed by JSCfromthemembersof theJSC.Additionally,theBillprovidedfor aDirectorGeneral of the KJA who shall be the Secretary to the Board. Further, the Bill also provides for the establishment of the office of the Registrar of the KjA who shall be the accounting officer and responsible for the management of the KjA. 5. (c) Part Ill of the Bill provides for the financial provisions. The Bill provides that the source of funds for the Academy shall include money allocated to the JSC, money allocated to the Judiciary for purposes of the Academy and money allocated to the Judiciary Fund.Further, the Bill provides for the financial year of the Academy, the requirement by the Registrar to prepare annual estimates of revenue and expenditure of the Academy. 6. (d)Part IV of the Bill provides for the general provisions including the common seal of the Academy and protection of the members of the Board or staff of the Academy from personal liability. 7. (e) Part V and Vl of the Bill provides for delegated powers and the savings and transitional provisions respectively.

CHAPTERTHREE

3 PUBLICPARTICIPATIONANDSTAKEHOLDERENGAGEMENTON THEBILL

3.1 Legal Framework on Public Participation

9. Article Il8 (l)(b) of the Constitution provides that:

"Parliament shall facilitatepublicparticipationand involvement inthe legislative and other business ofParliament andits Committees."

10. The National Assembly Standing Order I27 (3) and (3A) stipulates that: 2. "(3)The Departmental Committee to which a Bill is committed shall facilitate public participationon theBill throughanappropriatemechanismincluding- 3. (a)invitingsubmission ofmemoranda; 4. (b)holdingpublichearings; 5. (c) consulting relevant stakeholders in a sector;and 6. (d) consulting experts on technical subjects. 7. (3A)TheDepartmentalCommitteeshalltakeintoaccounttheviewsandrecommendations of the public under paragraph (3) in its report to theHouse."

3.2MemorandaReceivedontheBill

• I1. Pursuant to the aforementioned provisions of the law, the Committee placed an advertisement in the print media on 22nd August 2025 (Annexure 4) inviting the public to submit memoranda by way of written statements on the Bill. Further, the Committee vide letterreferenced NA/DDCljLAC/2025/(1/3)dated 7ch October2025(Annexure5) invited keystakeholders to submitviews on theBill and attend apublicparticipationforum on 22"d October 2025.

12. To this end, the Committee received seven (7) memoranda from the Office of the Attorney-General (OAG), the Judicial Service Commission (SC) and Kenya Judiciary Academy (KJA), Law Society of Kenya (LSK), the National Treasury, Kituo cha Sheria, Centre for Parliamentary Studies and Training (CPST) and Hon. Elizabeth Mutile Muindi Wamae. The memoranda are annexed to this Report as Annexure 6. 13. In addition, the OAG, JSC, KJA and CPST attended the public participation forum on 22nd October2025andgave theirviewson theBill.

• I4. The OAG, JSC, KJA, CPST, LSK, National Treasury, Kituo cha Sheria and Hon. ElizabethMutileMuindiWamaesupported theBill withproposed amendments.

15. They submitted as follows:

3.2.1 Submissions in support of the Bill

16. Noting that the KJA already exists, the LSK expressed its support for the Bill stating that ifpassed it would fill the gap by providing a statutory framework regarding the establishment, mandate, powers, functions and governance of the Academy. Furthermore, LSK was of the view that the Bill would institutionalize knowledge-sharing, research and adoption of best practices thereby strengthening the efficiency and effectiveness of the Judiciary.

17. Hon. Elizabeth Mutile Muindi Wamae supported the Bill to the extent that it 18. Notably, whilst supporting the Bill, KJA presented as follows:

On the Legal Status of KJA

• (a) By establishing the Academy expressly in law to be vested with the status of a body have arisen on the current legal status of the Academy.

On Linkage between KJA and JSC

• (b) The Bill, having been developed in consultation with the JSC, provides for a clear linkage between the Academy and the JSC including the fact that the Chairperson of the Board is drawn from the membership of the Commission.Furthermore, clause 7(3)(b) as read with clause I2(1l) suggest that it is the JSC that will approve the Academy's organizational structure and staff establishment.

On the Terms of Service of theAcademy's Board Members

• (c) The members of the Academy's Board comprise public officers with the exception of s d e sn ad s members shall be remunerated by way of sitting allowances and will not serve on fulltime basis as provided in clause 9.

3.2.2 Submissions by the public and stakeholders with proposed amendments

Long Title

19. The OAG proposed amending the long title to ensure consistency with the mandate of the JSC as provided for under Article I72(l)(d) of the Constitution.

CommitteeObservation

20. The Committee observed that Article 172(l)(d) of the Constitution states that the JSC shall prepare and implement programmes for the continuing education and training of judges and judicial officers.Therefore,thelong title should be consistent with the mandate of the JSC under Article I72(1)(d)of theConstitution.

Clause2

21. Kituo cha Sheria proposed amending the definition of ""judicial staff' to distinguish between judicial staff and JsC staff.

Committee Observation

22. The Committee observed that the definition of "judicial staff' under section 2 of the Judicial Service Act (Cap. 8A) includes the staff of the Judicial Service Commission.

Clause3

23. The OAG proposed deletion of the words judicial training' and substitution therefor the words'continuing education and training of judges and judicial officers' in paragraph (a) to ensure consistency with the mandate of the JSC under ArticleI72(l)(d)of the Constitution.

24. The OAG also proposed deletion of the words judicial officers, judicial staff, and other actors in the justice sector'and substituting therefor the words'and judicial staff in paragraph (c) to ensure consistency with the mandate of the JSC under Article 172(1)(d) of the Constitution. 25. Kituo cha Sheria submitted that amending paragraph (a) is overly broad and does not include institutional benchmarks or accountability mechanisms and therefore proposed amending to include measurable targets including accreditation status, research outputs orpartnerships. 26. CPsT proposed expanding the scope of the objects of the Act in paragraphs (a), (c) and (d) to include research because research is core to any training institution or academy.

CommitteeObservation

27. The Committee observed that the objects of the Act should comply with Article 172(1)(d) of the Constitution which provides for the mandate of the JSC of preparing and implementing programmes for continuing education and training for judges and judicial officers.

Clause4

28. The OAG proposed deletion of sub-clause (2) because, in its view, the responsibility of the continuing education and training of judges and judicial officers is conferred on the JSC which is a body corporate. Consequently, it is not necessary to establish the Academy as a body corporate to perform the functions of the Commission as conferred by Article 172(l)(d) of the Constitution. 29. The OAG also proposed amending sub-clause (4) by deleting the words ^Academy may establish campuses' and substituting therefor the words 'Commission may establish campuses of the Academy' to ensure consistency with the mandate of the JSC under Article 172(1)(d) of the Constitution. 30. Kituo cha Sheria proposed amending sub-clause (3) to add a requirement to establish regional campuses or outreach centres in atleast threeregionsbecause centralization in Nairobi may hinder equitable access to training for judges and staff in other counties. 31. CPsT proposed that the Academy be formed as part of the JSC and not an independent autonomousinstitution. 32. Hon. Elizabeth Mutile Muindi Wamae proposed amending sub-clauses (3) and (4) to provide mandate integration of e-learning platforms and digital CPD for remote or overloaded officers.

CommitteeObservation

33. The Committee observed that the establishment of the KJA as a body corporate with all attendant powers, including power to enter into contracts, to purchase and hold property, to borrow money, and to perform all other things and acts in furtherance of the provisions of theAct is critical in ensuring theKjAperforms itsfunctionseffectively.

Clause5

34. The OAG proposed amending the opening words of the clause to add the words'on behalf of the Commission' at the end thereof to ensure consistency with the mandate of theJSCunderArticleI72(1)(d)of theConstitution. 35. The OAG also proposed the deletion of paragraph (a) and (b) and substitution therefor the following new paragraph to ensure consistency with the mandate of the JSC under Article I72(1)(d) of the Constitution:

"be the principal institution for implementing programmes for the continuing education and training of judges and judicial officers.'

• (c)forconsistencywithotherprovisionsoftheBill.

37. The OAG proposed deletion of paragraph (i) to ensure consistency with the mandate of the JSC under Article 172(1)(d) of the Constitution. 38. Kituo cha Sheria noted that the prescribed functions of KjA omit critical cross-cutting issues and thus, proposed introducing new sub-clauses on mainstreaming gender and inclusion, integrating ICT and e-learning, and promoting research on environmental and human rights jurisprudence. Kituo cha Sheria proposed aligning paragraph (e) on data repositorywiththeDataProtectionAct 39. Hon. Elizabeth Mutile Muindi Wamae proposed amending sub-clauses (b) and (c) to introducea requirementfor theAcademy to develop tieredcurriculabased on judicial hierarchy, case type and court station as a generalized training model is wasteful and ineffective.

• 40.Hon.ElizabethMutileMuindi Wamae alsonoted that the Billdoes nothavea provision for mental health and judicial wellness training. As such, she proposed amending the clause to include judicial wellness as a function of the Academy and require training in mentalhealthresilience,peerdebriefingandtraumasupportsystems.

41. CPST proposed expanding the scope of the functions of the Academy to encompass other actors. Further, CPST proposed inclusion of new paragraphs on compliance with to ensure credibility and build trust in judicial continuous education.

CommitteeObservation

42. The Committee observed that the provisions should comply with Article 172(l)(d) of the Constitution that provides for the mandate of the JSC of preparing and implementing programmes for continuing education and training for judges and judicial officers.

Clause6

43. The OAG proposed amending the marginal note by deleting the word 'Director' and substituting therefor the word 'Management' for consistency with other training institutionsthat are notbodies corporate.

44. In addition, the OAG proposed amending the opening words of sub-clause (l) by deleting the word 'Director' and substituting therefor the word Management' for consistency with othertraininginstitutionsthatarenotbodiescorporate. 45. LSK proposed amending sub-clause (l) to restructure the Board's composition to ensure that the voting members are an odd number to prevent decision deadlock and align with good governance practice. 46. CPsT proposed amending sub-clause (1) to include a curriculum development expert to advicetheboardonmatterscurriculum. 47. Hon. Elizabeth Mutile Muindi Wamae proposed amending sub-clause I(c) to split into two the position of a member of the association of judges and magistrates, one for judges and one for magistrates. This is because a senior judge may prioritize appellate reforms while magistrates grapple with small claims, children's cases and case backlog managementwhich are require distinctvoices. 48. Kituo cha Sheria was of the view that composition of the Board is dominated by judicial officers thereby creating risk of insularity and therefore, proposed amending sub-clause (l) to include one representative from civil society or the public with expertise in governance,human rights or education. 49. In addition, Kituo cha Sheria submitted that the proposed method and rotation of public and private university representation is unclear and should be coordinated with support from the Commission for University Education (CUE) to ensure transparency and diversity. 50. LSK proposed amending sub-clause (2) to explicitly prescribe academic and professional qualifications forthechairpersonandmembersoftheBoardtoensure that the appointments are merit-based and safeguard integrity and credibility of the Board in fulfiling its mandate. 51. LSK proposed amending sub-clause (4) to specify the timeline for filling a vacancy in the office of a member of theBoard tomitigate the risk of prolonged institutional gaps. 52. CPsT proposed inclusion of a sub-clause to provide for adherence with the Two-Thirds Gender Rule in the composition of the Board.

CommitteeObservation

53. The Committee observed that the Board is composed of an even number of voting members. The Schedule to the Bill addresses the possibility of equality of votes by giving theChairperson the castinganddeliberativevote. 54. The Committee also observed that the Bill requires persons nominated to the Board to have knowledge and expertise for the achievement of the objects of the Academy.

Clause7

55. The OAG proposed deletion of sub-clause (l) noting that it is substantially similar to clause 6(1). Additionally, the OAG proposed deletion of sub-clauses (3)(c), (3)(d), (3)(e) and 3(f) to ensure consistency with the proposed deletion of clause 4(2).

56. The OAG also proposed deletion of the words 'the exercise of any of the powers of or' in sub-clause (3)(i) to ensure consistency-with the-proposed deletion\_of clause 4(2) 2. 57.KituochaSheriasubmittedthat theBoardhaswidepowerswithoutsufficientoversight, risking overreach and financial mismanagement. Consequently, Kituo cha Sheria proposed amending sub-clause (3) to require prior approval by the JSC and conformity with the PublicFinanceManagementActbeforeborrowingorinvestment. 3. policy making, direction and strategy. In addition, CPST proposed amending sub-clause (3)(i) to vest all matters relating to management of assets and supervisions of staff of the Academy with the Director General to ensure smooth operations and establish order by creatingaclearchainofcommand.

CommitteeObservation

59. The Committee observed that the provisions should comply with Article 172(1)(d) of the Constitution that provides for the mandate of the JSC of preparing and implementing programmes for continuing education and training for judges and judicial officers.

Clause 8

60. The OAG proposed deletion of sub-clause (2) and substitution therefor the following new clause to ensure consistency with the proposed deletion of sub-clause 4(2):

"TheBoard may establish such committees as may be necessary for the effective performance of its functions.

61. CPST proposed amending sub-clause (l) to provide for quorum of the Board as 50% plus onetomakeitapplicabletothesub-committeesoftheBoardwhichmayhaveless membership.

CommitteeObservation

• 62.The Committee observed that the provisions should comply with Article 172(1)(d) of the Constitution that provides for the mandate of the JSC of preparing and implementing programmes for continuing education and training for judges and judicial officers.

ClauseI0

63. The OAG proposed deletion of the word 'Board' and substitution therefor with the word 'Commission' in sub-clauses (l) and (4) to ensure consistency with the proposed deletion of sub-clause 4(2). 64. Kituo cha Sheria noted that appointment of the Director General is restricted to sitting judges thereby limiting the pool of qualified candidates thus straining judicial human resources. Kituo cha Sheria therefore proposed expanding eligibility to retired judges or distinguishedlegalacademics. 3. 65.CPsT noted there could be a potential conflict of interest arising from the appointment of one of the judges of a superior court to double up as a Director General of the Academy. It, therefore, proposed that the Director General be responsible for the strategicdirection,leadership and management of theAcademy aswell in charge of the Accounting Officer while the Registrar's role be purely administrative.

• 66.Hon.Elizabeth Mutile MuindiWamae noted that sub-clause(l)contradicts the inclusive spirit of the Judiciary by excluding senior magistrates and judicial officers who may have decades of administrative and training experience. She, therefore, proposed amending sub-clause (l) to allow appointment of the Director-General from among judges of Superior Courts and senior judicial officers with at least ten (lo) years of experience and proven leadership in judicial administration or training.

CommitteeObservation

67. The Committee observed that the organizational structure of the Academy consisting of a Director-General and a Registrar, whose roles are not clear enough, may lead to administrativeinefficienciesandineffectiveness.

ClauseII

• 68.TheOAGnotedthat theBilldoesnotestablishasecretariatoftheAcademyand therefore proposed amending sub-clause (4) by deleting the words 'and head of the secretariat' appearing in paragraph (a).

69. The National Treasury proposed a review of the justification for the dual leadership structure of Director General and Registrar to ensure administrative efficiency and costeffectiveness.

• 70.Kituo cha Sheria submitted that the qualifications of a person for appointment as Registrar in sub-clause (2) exclude experienced administrators without legal backgrounds proposed amending the sub-clause to allow for appointment of administrators with demonstrated competence in public administration or judicial training.
• theAcademybecause the Constitutionprovidesfor theroleof theChief Registrar of the Judiciary as theAccountingOfficer of the Judiciary.

CommitteeObservation

• 72.TheCommitteeobserved that theorganizational structure of theAcademy consistingof administrative inefficiencies and ineffectiveness.

Clause13

73. The OAG proposed amending sub-clause (l) to ensure consistency with the proposed deletion of clause 4(2) and to provide for an alternative source of funds of the Academy. 74. Additionally, the OAG proposed insertion of the words 'Commission, on behalf of in sub-clause (2) to ensure consistency with the proposed deletion of clause 4(2) and to provide for the opening of bank accounts by the Commission for the purposes of the Academy. 75. Kituo cha Sheria proposed amending the clause to clarify that all funds shall be channelled through the Judiciary Fund under Article 173 of the Constitution for consistency and transparency.

• 76.Furthermore,Kituo chaSheria noted that thegrants and donations approved solelyby the Board forming part of funds of the Academy in paragraph (e) lacks safeguards against conflict of interest and should be amended to require that acceptance of external funds be approved by the JSC and comply with the Public Finance Management Act and AntiCorruptionguidelines.

77. Hon. Elizabeth Mutile Muindi Wamae proposed amending the clause to prescribe

CommitteeObservation

78. The Committee observed that JSC is responsible for preparing and implementing programmes on continuing education and training for judges, judicial officers and judicial staff.Therefore, the funds required to perform this function form part of the annual

Clauses 7,10,II and 15

79. KJA proposed amending the Bill to further clarify the respective roles of the Board of Directors and the Director-General,aswell as the Director-General and theRegistrar of the Academy. In KjA's view,the Board could be vested with a policy and oversight mandate;theDirector-General tasked with the strategic direction and leadership;and the Registrarheldresponsiblefor theAcademy'soperational and administrativemanagement.

Committee Observation

• 80.TheCommittee observed that therolesof theBoard of Directors,theDirector-General and the Registrar should be clear since this promotes accountability and is essential in the successoftheorganization.

Clauses14,15&16

81. The OAG proposed deletion of the clauses to ensure consistency with the proposed deletion of clause 4(2) as the budget of the Academy shall form part of the Commission's budget. 2. 82.KituochaSherianotedthatclause15doesnotprovidefor auditorreportingof the the Auditor-General and tabling offinancial statementsbeforeParliament and the JSC.

Committee Observation

83. The Committee observed that the provisions should comply with Article 172(1)(d) of the Constitutionwhichprovidesfor themandate of the JSCofpreparingand implementing

ClauseI7

• 84.KituochaSheriawasoftheviewthattheclauseactsasablanketimmunityprovision amendedtoensurethatthesuchprotectionshallnotextendtoactsofgrossnegligence, bad faith or corruption.

CommitteeObservation

85. The Committee observed that the provision offers protection from personal liability only when the matter is done in good faith and in executing the functions and powers of the BoardofDirectors.

Clause18

86. The OAG proposed deletion of the word 'Academy' and substitution therefor the word 'Commission' to ensure consistency with the proposed deletion of clause 4(2) and in view of the proposal that the academy shall not be a body corporate, the Commission shall be responsiblefortheactionsofthemembersoftheBoard.

CommitteeObservation

87. The Committee observed that the provisions should comply with Article 172(1)(d) of the Constitutionwhichprovides for the mandate of theJSC ofpreparing and implementing programmes for continuing education and training for judges and judicial officers.

Clause19

88. The OAG proposed amending sub-clauses (1) and (2) to ensure consistency with the proposed deletion of clause 4(2). 89. Kituo cha Sheria noted that the proposed delegated legislative powers are broad and unsupervised thus lacking public participation and JSC approval mechanisms. Therefore, Kituo cha Sheria proposed amending the clause to require that all regulations be subjected 90. Hon. Elizabeth Mutile Muindi Wamae proposed amending sub-clause (2)(b) to include a dedicated clause mandating a comprehensive Monitoring and Evaluation Framework with key performance indicators, impact assessments and annual training audits published to Judiciary stakeholders. This would, for instance, reveal whether offices trained on judicialethics in2025 actuallyreduced complaintsfiled at JSC or Ombudsman.

CommitteeObservation

91. The Committee observed that the provisions should comply with Article I72(1)(d) of the Constitutionwhichprovidesfor themandate ofthe JSCofpreparing and implementing programmesforcontinuingeducation and trainingforjudges and judicialofficers.

Clause20

92. Kituo cha Sheria noted that reference to the 'former Academy' is ambiguous and unclear defining former Academy' as the Judiciary Training Institute and including a clause repealing or transforming it under the Act. 2. 93.Additionally, Kituo cha Sheria submitted that the clause lacks clarity on staff harmonization and a transition plan which may cause administrative human resource conflicts.Kituo cha Sheria therefore proposed insertion of a new sub-clause requiring the JSC to approve a comprehensive transition and staff integration plan within six months of commencement.

Committee Observation

94. The Committee observed that Judiciary Training Institute is currently known as the Kenya Judiciary Academy. Further, the-Committee observed it is\_important\_to\_provide a provision to transit the staff of the former Academy to the newly established entity.

GeneralSubmissions

95. The National Treasury noted that establishment of the KjA aligns with the broader goal that implementation of the financial and institutional mechanisms proposed in the Bill require stringent economic scrutiny, prioritizing a lean and efficient structure to avoid undue burden on the national budget. Resultantly, the National Treasury proposed considerationof thefollowingwhenfinalizingand enactingtheBill: 2. (a) A detailed financial memorandum including a five-year projected budget for both recurrentanddevelopmentexpenditure. 3. (b) Ensure compliance with the Salaries and Remuneration Commission. 4. 96.KituochaSheria noted the need forinclusionof aresults-based monitoringframework for judicial training programmes and ICT integration for continuous judicial education through e-learning platforms. 97. Hon. Elizabeth Mutile Muindi Wamae noted that the Bill lacks a provision linking training to promotion or transfer decisions. This, in her view, would demotivate officers' participation and devalue the Academy's impact. She, therefore, proposed amending the Bill to include mandating the Judiciary to integrate training participation, research output and certification into career progression and performance evaluation frameworks.

CommitteeObservation

• 98.TheCommitteeobservedthatthe organizational structureof havingboththeDirectorGeneral and Registrar of the Academy may lead to overlapping of roles and responsibilities. Therefore, the structure should be lean and efficient.

CHAPTERFOUR

4COMMITTEEOBSERVATIONS

99. Upon reviewing the Bill and the submissions received, the Committee made the following observations:

• (1) the KjA, formerly Judiciary Training Institute (TI), was established in 2008 initially by administrative action by the then Chief Justice (Rtd) Evans Gicheru to provide judicial education and training for judges and magistrates. WVith the promulgation of the JSCunder Article 172(1)(d)of the Constitution;
• (2) the Bill seeks toprovide a mechanism in which the JSC shall carry out its mandate of preparing and implementing programmes for continuing training of judges and judicial officers as provided for in Article I72(l)(d) of the Constitution of Kenya. Currently, this function exercised by the Kenya Judiciary Academy, formerly known Judicial Training Institute established in 2008 as a non-statutory body;
• (3) the Bill proposes the establishment of the KjA as a body corporate to exercise the delegated function of training judges and judicial officers. The Bill seeks to provide for a nexus between the JSC and KJA and key among these is the fact that the Chairpersonof theBoardofDirectorsof theKjAisdrawnfrom themembership and JsC in exercising the function of preparing and implementing programmes for continuing education and training for judges, judicial officers and judicial staff;
• (4) the Bill proposes that the administration of the Academy shall vest in a Board of Directors whose Chairperson is appointed by the JSC from among members of the JSC. There is need to ensure that this provision does not violate Article 250(6)(b) of the Constitution which provides that a member of a Commission or holder of an independent office, unless ex-officio or part-time, shall not hold any other office or employment for profit, whether public or private; and
• (5) the Bill provides that the Board of Directors shall have power to provide strategic leadership and oversight over the Academy and that the Director General of the Academy shall, besides being the secretary to the Board of Directors, be responsible for the strategic direction and leadership of theAcademy.There is need to ensure that there is no duplication or overlap of roles in the organizational structure of the Academy and aligns with the principle that public money shall be used in aprudent andresponsibleway.

CHAPTERFIVE

5-COMMITTEERECOMMENDATIONS

• 100.The Committee, having considered the Kenya Judiciary Academy Bill (National Assembly BillNo.42of2025)andthe submissions frommembersofthepublic andstakeholders, recommends that the House approves the Bill with the amendments contained in the Schedule of Amendments forming Chapter Six of this Report.

M A912026

26

SIGNED...

DATE..

HON.GEORGEGITONGAMURUGARA,CBS,MP CHAIRMAN DEPARTMENTALCOMMITTEEONJUSTICEANDLEGALAFFAIRS

CHAPTERSIX

6SCHEDULE OFAMENDMENTS

101. In view of the observations made, the Committee proposed the following amendment to the Bill:

LONGTITLE

THAT the Bill be amended by deleting the long title and substituting therefor the following new long title——

• education and training of judges, judicial officers and judicial staff on behalf of the JudicialServiceCommissionandforconnectedpurposes

Justification: To clarify that the principal object of the Bill is to establish the KjA which shall a sd ad s n training of judges, judicial officer and judicial staff on behalf of the JSC.

CLAUSE3

THAT Clause 3 of the Bill be amended by deleting paragraph (a) and substituting therefor thefollowingnewparagraph——

• (a) establish the Academy as a center of excellence in matters relating to continuing education and training of judges, judicial officers and judicial staff on behalf of the Commission;

Justification: To align the objects of the Act with the provisions of Article 172(1)(d) of the Constitution on the function of JSC to prepare and implement programmes for continuing education and training of judges, judicial officer and judicial staff.

CLAUSE4

THATClause4oftheBillbeamended—

• (a) in subclause (2) by deleting the word "of' appearing immediately after the word "doing" in paragraph (d) and substituting therefor the word "or"; and

Justification: To correct a grammatical error.

• (b) by deleting subclause (4) and substituting therefor the following new subclause—
• (4) Despite the provisions of subsection (3), the Commission may establish campuses of theAcademyin anyothercounty.

Justification: To align the provision with the mandate of JsC to prepare and implement programmes for continuing education and training of judges, judicial officer and judicial staff.

CLAUSE5

THATClause5oftheBillbeamended-by

• (a) deleting the opening statement and substituting therefor the following new opening statement-

• 5.TheAcademy shall,onbehalfof theCommission—

Justification: To create a nexus between the KJA and JSC in the performance of functions of the KJA.

• d m n e ( () (a) prepare and implement programmes for the continuing education and training of judges, judicial officers and judicial staff;

• (c) deleting paragraph (b).

Justification: To align the provision with the mandate of JSC to prepare and implement programmes for continuing education and training of judges, judicial officer and judicial staff.

CLAUSE6

THATClause6oftheBillbeamended—

• (a) in subclause (l) by deleting the word “on” appearing immediately after the word “vest" and substituting therefor the word“in"; and

• "subsection"and substituting therefor the expression“(l)".

Justification: To correct grammatical and typographical errors.

CLAUSE7

THATClause7of theBillbeamended-

• (a) by deleting the marginal note and substituting therefor the following marginal note-

Powersof theBoard.

Justification: The function of the Board is already provided for under Clause 6(l).

• (b) by deleting subclause (l)

Justification: The function of the Board is already provided for under Clause 6(1).

• (c) in subclause (3), by deleting paragraph (a) and substituting therefor the following new paragraph

• (a) make policy and provide oversight over the Academy;

Justification:Toclarify thepower oftheBoard and avoid duplication of rolesbetweenthe Board and the Director-General of the Board who is responsible for strategic direction and leadershipof theAcademy.

CLAUSE8

THAT Clause 8 of the Bill be amended by deleting subclause (2) and substituting therefor thefollowingnewsubclause—

• performanceofitsfunctions.

Justification: To give the Board discretion in establishing the committees it requires based on its responsibilities. Also, to align with the provisions of paragraph I(l) of the Schedule to the Bill which speaks on committees of the Board.

CLAUSE10

THATClauseIOoftheBillbeamended—

• (a) in subclause (l) by deleting the word "Board" appearing immediately after the words "appointed by" and substituting therefor the word "Commission"; and
• (b) in subclause (4) by deleting the word "Board" appearing immediately after the words "assigned by" and substituting therefor the word "Commission".

Justification: This is to provide that the Director-General of the Academy, who is responsible for strategic direction and leadership of the Academy, is appointed by the Judicial Service Commission, which is delegating the authority of training judges and judicial officers to the KJA.

CLAUSEII

THAT Clause II of the Bill be amended in subsection (4) by deleting paragraph (a) and substituting therefor thefollowingnewparagraph—

• (a) the accounting officer and head of staff of the Academy;

Justification: To clarify that the Registrar shall be the head of staff of the Academy.

CLAUSE13

THATClauseI3of theBillbeamendedby—

• (a) deleting paragraph (a) and substituting therefor the following new paragraph-
• (a) monies allocated to the Commission for purposes of the Academy and
• approved by the National Assembly;
• (b) deleting paragraph (b); and
• (c) deleting paragraph (c).

Justification: The function of training judges, judicial officers and judicial staff is a function d s e se d a u a pn tosection20oftheJudicialServiceAct.

DEPARTMENTAL COMMITTEE ON JUSTICE AND LEGALAFFAIRS

ADOPTION OF THE COMMITTEEREPORT ONITS CONSIDERATION OF THEKENYA JUDICIARYACADEMYBILL(NATIONALASSEMBLYBILLNO.42OF2025)

We,the Members of the Departmental Committee on Justice and Legal Affairs have,pursuant to Standing Order199,adopted this Report of the Committee on its Consideration of the Kenya Judiciary Academy Bill (National Assembly Bill No. 42 of 2025) sponsored by the Hon. George Gitonga Murugara,CBs,MP,and affixed our signatures to affirm our approval and confirm its accuracy,validity and authenticity:

• 1.Hon.Murugara George Gitonga,CBS,MP -Chairperson

• 2.Hon.MutuseEckomasMwengi,OGW,MPVice Chair

• 3.Hon.Gladys Boss,MGH,MP

• 4.Hon.Farah Maalim,EGH,MP

• 5.Hon. Silvanus Osoro Onyiego, CBS,MP

• 6.Hon.Tom Joseph Francis Kajwang’ CBS,MP

• 7.Hon.Timothy Kipchumba Toroitich,MP

• 8.Hon.Timothy Wanyonyi Wetangula,CBS,MP

• 9.Hon.(Dr.) OtiendeAmollo,SC,EBS,CBS,MP

• 10.Hon.Michael Mwangi Muchira,MP

• 11.Hon.AdenDaud,EBS,MP

• 12.Hon.John Okwisia Makali,MP

• 13.Hon.Stephen M.Mogaka, MP

• 14.Hon.Harold Kimuge Kipchumba,MP

• 15.Hon.CPA Suleka Hulbale Harun,MP