The Commission on Administrative Justice (CAJ), popularly known as the Office of the Ombudsman, has summoned ten members of the Judicial Service Commission (JSC), including Chief Justice Martha Koome.
The JSC members are required to appear before the Commission on March 24 and March 25, 2025, at 10:00 a.m.
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Those summoned together with CJ Koome are Isaac Rutto, Attorney General Dorcas Odiwuor, Justice Mohammed Ibrahim, and Justice Fatuma Sichale.
Others are Justice Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.
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Why Ombudsman Has Summoned CJ Koome and Nine Other JSC Members
This summon follows the JSC and Judiciary’s persistent failure to resolve and publicly disclose the status of over 700 complaints of maladministration lodged against judicial officers, some of which date back to 2019.
“The Commission on Administrative Justice (Office of the Ombudsman) has today issued summonses to members of the Judicial Service Commission (JSC) to compel their appearance before the Commission on March 24 and 25 at 10am,” the Ombudsman said.
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“This decision was not taken lightly. The Commission reaffirms its unflinching resolve to deal firmly and fairly with public and state officers who disobey its directives in the performance of their constitutional mandate. We will not hesitate to call out any impunity or “utado” attitude on the part of such officers.”
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The Commision said it had initially issued a 21-day ultimatum on February 4, 2025, reinforcing an earlier Advisory Opinion dated December 23, 2024, which demanded compliance with constitutional and statutory obligations under Article 35(3) of the Constitution and the Access to Information Act.
“A further letter was sent on 3rd February 2025 to the Chief Justice which elicited a response on 17th February 2025,” CAJ said.
Demands Issued to JSC Earlier
In its various correspondence, the Commission had requested the Judiciary and JSC to speedily and conclusively resolve all the complaints lodged with it.
They were also to publish and publicize, in accordance with Article 35(3) of the Constitution and Section 5 of the Access to Information Act, a status report on all unresolved pending matters clearly indicating their position/status and action taken, if any, as well as the timeframe for the intended remedial action.
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At the same time JSC was to indicate the nature and analysis of the already resolved complaints together with the reasons for the decision and submit a comprehensive report to the Commission within 21 days.
“While the Commission appreciates the responses by the Judiciary and JSC, it has noted the continued failure to comply with the clear and unambiguous directives of the Commission,” the Ombudsman noted.
These directives required the JSC and Judiciary to publish detailed reports on resolved and unresolved complaints, including explanations for decisions and timelines for remedial action.
“The summonses have been issued under Article 249(1) of the Constitution, which empowers constitutional commissions to uphold democratic values, alongside Section 23 of the Access to Information Act and the CAJ’s regulatory framework,” read the statement in part.
“These legal instruments reinforce the Judiciary’s obligation to adhere to national values of transparency and integrity (Article 10) and the JSC’s constitutional duty to promote judicial accountability (Article 172).”
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