Related documents
- Is amended by 24th Annual Supplement
- Repeals The Judicial Code of Conduct and Ethics, 2016

LAWS OF KENYA
JUDICIAL SERVICE ACT
THE JUDICIAL SERVICE (CODE OF CONDUCT AND ETHICS) REGULATIONS
LEGAL NOTICE 102 OF 2020
- Published in Kenya Gazette Vol. CXXII—No. 109 on 12 June 2020
- Commenced on 12 June 2020
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY PROVISIONS
1. Citation
These Regulations may be cited as the Judicial Service (Code of Conduct and Ethics) Regulations.2. Interpretation
In Regulations, unless the context otherwise requires—"Act" means the Judicial Service Act (Cap. 8A);"Chief Registrar" has the meaning assigned to it under section 2 of the Act;"confidential information" means information that has not been made a matter of public record relating to pending cases, as well as information not yet made public concerning the work of any judge, judicial officer, or judicial staff relating to pending cases, including notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations, and similar papers;"Commission" has the meaning assigned to it under section 2 of the Act;"Code" means the Judicial Code of Conduct and Ethics;"fiduciary interest" includes relationships such as those associated with a business partner, an executor, administrator, a trustee and guardian;"immediate family" includes, spouse, son, daughter, brother, sister, parent, grandparent, grandchildren, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister or person living in the household of a judge or judicial officer;"judge’s family" includes a judge's spouse, son, daughter, son-in-law, daughter-in-law, or other person who forms part of the judge’s household as a relative;"judge's spouse" means the wife or husband of a judge married under any recognized system of law in Kenya;"judicial officer" has the meaning assigned to it under section 2 of the Act;"judicial officer's family" includes a judicial officer's spouse, son, daughter, son-in-law, daughter-in-law, or other person who forms part of the judicial officer’s household as a relative;"judicial officer's spouse" means the wife or husband of a judicial officer married under any recognized system of law in Kenya;"judicial staff" includes a person, other than a judge or a judicial officer, employed by the Judiciary whether on a permanent and pensionable basis, or on contractual basis including legal researchers, consultants, any person on secondment to the Judiciary, casual employee, interns, pupils and any other person undertaking an attachment programme in the Judiciary;"judicial staff’s spouse" means the wife or husband of a judicial officer married under any recognized system of law in Kenya; and"judicial staff's family" includes a judicial staff's spouse, son, daughter, son-in-law, daughter-in-law, or other person who forms part of the judicial staff’s household as a relative.3. Objects of the Code
The objects of this Code are to—4. Guiding Principles of the Code
This Code is founded on the—5. Application
This Code applies to—6. Moral and ethical requirements
For purposes of Article 166(2)(c) of the Constitution and section 13 of the Leadership and Integrity Act (Cap.185C), a judge, judicial officer, and judicial staff shall observe and maintain the following ethical and moral requirements—Part II – CODE OF CONDUCT AND ETHICS FOR JUDGES
7. Independence
A judge shall exercise judicial authority independently and shall—8. Dignity and integrity of the court processes
A judge shall exercise all powers vested in the judge’s office by the Constitution and statute law for the maintenance of the dignity of the court and for sustaining the integrity of court processes, and the regular discharge of all proceedings coming up before the court.9. Impartiality
10. Private communication
11. Integrity
12. Responsibility for Social media activities etc.
A judge is responsible for his or her online activity and should avoid any activity, action, or association that may reflect adversely on the Judge’s impartiality or interfere with the performance of judicial duties or status of the office.13. Accountability and prohibition against bribery, and other corrupt practices
14. Propriety
15. Equality and non-discrimination
A judge shall safeguard the right of equality before the law, and the right of equal protection, and benefit of the law, without bias or prejudice.16. Professionalism
A judge shall—17. Involvement in other activities
18. Commenting on matters pending in court
19. Offers of future benefits
20. Conflict of interest
21. Recusal
22. Public collections
23. Participation in tenders
A judge shall not participate either directly or indirectly in a tender for the supply of goods or services to the judiciary or the Judicial Service Commission, though the holding of shares by a judge in a company shall not be construed as participating in a tender of the judiciary or the Commission, except where the judge has a controlling shareholding in the company, or is a director of the Company.24. Care of public property
25. Bank account outside Kenya
26. Gainful employment
27. Tax, financial, and legal obligations
28. Bullying
29. Prohibition against sexual harassment
30. Acting through others
31. Confidentiality
A judge shall not disclose to any unauthorized person for any purpose, any confidential information acquired in the course of employment.32. Obtaining documents unlawfully
A judge shall not without lawful authority take possession, control, disseminate or access for personal use or the use of any other person, official documents or court records.33. Misleading the public and falsification of records
A judge shall not—Part III – CODE OF CONDUCT AND ETHICS FOR JUDICIAL OFFICERS
34. Independence
A judicial officer shall exercise judicial authority independently and shall—35. Dignity and integrity of the court process
Judicial officer shall exercise all powers vested in him or her by the Constitution and statute law, for the maintenance of the dignity of the court, and for sustaining the integrity of court processes, and the regular discharge of all proceedings coming up before the court.36. Impartiality
37. Private communication
38. Integrity
39. Responsibility for social media activities etc.
A judicial officer is responsible for his or her online activity and should avoid any activity, action, or association that may reflect adversely on the judicial officer’s impartiality or interfere with the performance of judicial duties or status of the office.40. Propriety
41. Equality and non-discrimination
A judicial officer shall endeavor to uphold the right of equality before the law and the right of equal protection, and benefit of the law, and shall not manifest bias or prejudice in the performance of judicial duties.42. Professionalism
A judicial officer shall—43. Involvement in other activities
44. Commenting on matters pending or impending in court
45. Accountability and prohibition against bribery and corrupt practices
46. Conflict of interest
47. Recusal
48. Public collections
49. Participation in tenders
A judicial officer shall not either directly or indirectly participate in a tender for the supply of goods or services to the judiciary or the Judicial Service Commission, though the holding of shares by a judicial officer in a company shall not be construed as participating in a tender of the judiciary or the Commission, except where the judicial officer has a controlling shareholding in the company, or is a director of the Company.50. Acting through others
A judicial officer contravenes this Code if that officer—(a)causes anything to be done through another person that would constitute a contravention of this Code if done by the judicial officer personally; or(b)allows or directs a person under the judicial officer’s supervision or control to do anything that is in contravention of the Code.51. Bank accounts outside Kenya
52. Gainful employment
53. Tax, financial and legal obligations
54. Bullying
55. Prohibition against sexual harassment
56. Confidentiality
A judicial officer shall not disclose to any unauthorized person for any purpose any confidential information acquired in the course of employment.57. Obtaining documents unlawfully
A judicial officer shall not disclose to any unauthorized person for any purpose any confidential information acquired in the course of employment.58. Misleading the public and falsification of records
A judicial officer shall not—Part IV – THE CODE OF CONDUCT AND ETHICS FOR MEMBERS OF JUDICIAL STAFF
59. Performance of duty
60. Professional judicial staff
61. Confidentiality
62. Conflict of interest
63. Prohibition of improper enrichment
64. Accountability and prohibition against bribery and corrupt practices
65. Integrity
66. Responsibility for social media activities etc.
A judicial staff is responsible for his or her online activity and should avoid any activity, action, or association that may reflect adversely on the officer’s impartiality or interfere with the performance of his or her duties or status of the office.67. Prohibition from sexual harassment
68. Bullying
69. Misuse of official information
70. Bank accounts outside Kenya
71. Care of property
72. Public collections
73. Participation in tenders
A judicial staff shall not either directly or indirectly participate in a tender for the supply of goods or services to the judiciary or the Judicial Service Commission, but the holding of shares by a judicial staff in a company shall not be construed as participating in a tender of the judiciary or the Commission unless the judicial staff has a controlling shareholding in the company or is a Director of the Company.74. Gainful employment
75. Tax, financial, and legal obligations
76. Obtaining documents unlawfully
A judicial staff shall not without lawful authority, take possession, control, disseminate, or access for personal use or the use of any other person, official documents or court records.77. Misleading the public and falsification of records
A judicial staff shall not—Part V – ENFORCEMENT, OVERSIGHT AND IMPLEMENTATION OF THE CODE
78. Disciplinary procedure for breach of the code by a judge or a judicial officer
79. Breach of the Code
A breach of this Code amounts to misconduct for which a judge, a judicial officer or a judicial staff may be subjected to disciplinary proceedings.80. Implementation of the Code
The Commission is responsible for the implementation of this Code.81. Guidelines and administrative process
The Commission may from time to time, issue guidelines on the oversight and implementation of the Code including the lodgment and resolution of complaints against Judges, judicial officers and judicial staff.82. Signing and subscription to the Code
A judge, a judicial officer and a judicial staff shall sign and subscribe to this Code in the manner provided for in the Schedule.83. Code to supplement other legal requirements
The provisions of this Code apply in addition to, and not in derogation from, the requirements of any other law relating to codes of conduct and ethics.84. Review of the Code
The Commission may, from time to time, review this Code.85. Revocation
The Judicial Service Code of Conduct and Ethics (L.N. No. 132 /2016), is revoked.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement