The office of the Ombudsman has issued a 21-day ultimatum to the Judiciary Service Commission (JSC) which is chaired by Chief Justice Martha Koome to improve transparency in handling complaints against judges.
In a press release dated Tuesday, December 24, Commission Chairperson Charles Dulo directed the JSC to publish detailed information on complaints and petitions lodged against judges, including responses, analyses, and determinations, on its website and other public platforms, in accordance with Section 5 of the Access to Information Act, 2016.
This directive follows statistics revealed by Jacqueline Ingutiah, a member of the JSC and Chairperson of the Committee on the Administration of Justice, during an interview on Spice FM.
She noted that since its establishment in 2011, the JSC has received 935 complaints against judges, with 862 of those complaints resolved. However, 82.5% (or 772 cases) of the resolved complaints were dismissed due to “decisional independence,” leaving a backlog of 73 cases.
Martha Koome slapped with 21 days ultimatum to improve Judiciary transparency
The Ombudsman emphasized the JSC’s critical role in maintaining judicial integrity by investigating complaints and recommending disciplinary actions when necessary.
However, the lack of adequate public disclosure about the outcomes of these complaints has led to perceptions of corruption and a lack of accountability, ultimately undermining public confidence in the judiciary.
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The Commission cited Article 35 of the Constitution, which ensures every citizen’s right to access information, and Section 5 of the Access to Information Act, 2016, which mandates public entities to proactively disclose information relevant to the public.
In an advisory to Chief Justice and JSC Chairperson Justice Martha Koome, the Ombudsman recommended that the JSC regularly publish the following information:
- The number of complaints and petitions lodged against judges.
- The nature of these complaints and their progress.
- Timelines for resolving each complaint or petition.
- Analyses of complaints based on judicial hierarchy, division, and geographical location.
- All determinations made to date, while adhering to the provisions of the Data Protection Act, 2019.
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The Ombudsman acknowledged the JSC’s previous updates through press releases but urged the commission to take further steps to provide detailed and consistent information.
The Commission on Administrative Justice (CAJ) believes that implementing these measures will enhance public confidence in the judiciary by fostering transparency and accountability.
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The Commission reiterated its commitment to enforcing administrative justice and access to information in Kenya, calling on all stakeholders, including the JSC, to collaborate in creating a transparent and accountable judicial system.
Ombudsman’s statement comes at a time when there has been pressure from lawyers, including former LSK Presidents Ahmednasir Abdullahi and Nelson Havi, calling for the resignation of Koome due to widespread corruption within the Judiciary.
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