The Commission on Administrative Justice (Office of the Ombudsman) has called on the Judicial Service Commission (JSC), headed by Chief Justice Martha Koome, to promptly address and publicize the outcomes of public complaints against the Judiciary.
CAJ Chairperson Charles Dulo on February 4 expressed concern over the delays in resolving hundreds of complaints and petitions filed against certain judicial officers and judiciary staff.
The Ombudsman confirmed that the complaints against judicial officers pertain to delays in issuing judgments, inefficiency, unresponsive official conduct, unlawful conduct, manifest injustice, unfair treatment, abuse of power, and discourtesy.
About 60% of the 700 complaints against the judiciary are pending resolution. The majority concern delays (449 cases), 13 of which are delays related to persons currently held in various prisons across the country, followed by inefficiency (91), manifest injustice (52), unresponsive conduct (49), and unfair treatment (32).
“The CAJ has received and forwarded over 700 cases of maladministration to the judiciary in the last five years, nearly 60 per cent of which remain unresolved, undermining the quest for justice for aggrieved Kenyans,” Dulo stated.
“Some complaints raise serious issues, such as fraudulent access to funds from the judiciary’s deposit account, the fraudulent use of deposited security through doctored proceedings, solicitation of bribes, inordinate delays in delivering judgments, and the issuing of ‘air judgments.”
Ombudsman issues statement
Dulo noted that the commission’s actions are grounded in the Constitution and the law, aimed at addressing maladministration in the public sector while promoting transparency and accountability in governance.
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He pointed out that the judiciary is one of the public institutions facing numerous complaints of maladministration lodged with the commission.
“The judiciary is the citadel of the rule of law and occupies a special place in Kenya’s governance system. In this regard, while recognizing the independence of the judiciary, the Constitution mandates the judiciary to be accountable to the public,” the CAJ chairperson stated.
Dulo said that the commission is yet to receive a response despite the request for a status report on the complaints lodged in writing to Chief Justice Martha Koome.
Koome issued with ultimatum
The Commission implored Koome to publish and publicize a status report on these complaints, “speedily and conclusively” resolve the complaints against the judiciary and submit the report within 21 days.
“Pursuant to its mandate under the Constitution, the Commission on Administrative Justice Act, and the Access to Information Act, the Commission on Administrative Justice (Office of the Ombudsman) …urged the Chief Justice Martha Koome, to speedily and conclusively resolve complaints against the Judiciary,” said the commission.
“Swift action is essential to uphold fairness and public confidence in the judiciary. To achieve this, recommended resolution mechanisms include streamlining case management, enforcing accountability, and fostering open communication with complainants.”
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The Commission further encouraged Kenyans to continue raising complaints whenever they encounter service failures in the public service, ensuring accountability among public officers.
This comes at a time CJ Koome has faced significant pressure for months over allegations of misconduct and misbehavior.
The Judiciary, on its part, has been under pressure from a section of lawyers and members of the public over claims of corruption and accountability.
CJ Koome has, however, while responding to calls for her and the entire Supreme Court of Kenya bench to be removed from office, firmly maintained that she would not step down.
The head of the Judiciary while speaking on Monday, January 14, during a luncheon to welcome the new Ethics and Anti-Corruption Commission (EACC) CEO, Abdi Muhamud, Koome firmly asserted that her tenure is protected by the Constitution.
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