Access to private deliberations of administrative bodies The case of the judicial service commission

Abstract

Administrative functions in Kenya are devolved to administrative bodies. Three categories of administrative bodies exist: public bodies, private bodies exercising public functions, and private bodies exercising de facto private functions. Administration by these bodies is governed by certain principles and values. The principles of administration dictate that the processes within the administrative bodies be just and fair. The principle of accountability states that the administrative body should be able to justify its actions and decisions. The Judicial Service Commission is an independent administrative body; hence, it must be subjected to administrative principles. These principles include legality, fairness and procedural fairness. This paper aims to determine whether in subjecting the Judicial Service Commission to accountability, private deliberations of the commission can be publicised. The main method of date collection used is review of cases, legal instruments, books, journals and other periodicals