The Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, has summoned Chief Justice Martha Koome along with ten members of the Judicial Service Commission (JSC).
The summons were issued after the JSC failed to address and publicly disclose complaints of maladministration lodged against judges, judicial officers, and Judiciary staff, as previously ordered by the Ombudsman.
According to the directive, the ten members are required to appear before the Ombudsman on Monday, March 24, and Tuesday, March 25, to respond to the allegations.
Background of the Summons
This move by the Ombudsman is unprecedented and comes amid tensions between the JSC and Supreme Court judges. The Supreme Court judges had earlier filed a case against the JSC, seeking to block proceedings aimed at their removal.
In a statement released on Friday, the Ombudsman confirmed the summons, stating, “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 10:00 AM.”
Who Has Been Summoned?
Among those summoned are Chief Justice Martha Koome, former governor Isaac Rutto, JSC vice-chairperson Dorcas Oduor, Supreme Court Justice Mohammed Ibrahim, and Court of Appeal Judge Fatuma Sichale.
Others include High Court Judge Antony Mrima, Magistrate Everlyne Olwande, Advocate Omwanza Ombati, Judiciary Ombudsman Caroline Nzilani Ajuoga, and human rights activist Jacqueline Ingutiah.
Reasons Behind the Summons
The Ombudsman stated that this decision was not made lightly and reaffirmed its commitment to holding public officers accountable.
“This decision was not taken lightly. The Commission reaffirms its firm commitment to ensuring that public and state officers comply with its directives. We will not tolerate impunity or the ‘utado’ attitude from any government official,” the Ombudsman warned.
The JSC is accused of failing to comply with multiple directives issued on December 23, 2024, and January 31, 2025.
The Ombudsman had instructed the JSC to:
- Publish a status report on all unresolved complaints filed against judicial officers, including cases under the Judiciary Ombudsman and JSC.
- Make public a list of all resolved complaints against judicial officers, detailing the nature of the complaints, how they were handled, and the reasons behind each decision.
- Provide a full compliance report outlining actions taken on complaints against judicial officers.
Consequences of Ignoring Summons
The Ombudsman has emphasized that failure to appear as summoned could lead to severe consequences. Any of the ten members who fail to honor the summons could face a fine of Ksh500,000 or imprisonment for up to two years.
This latest development has intensified the ongoing conflict between the Judiciary and oversight bodies, raising concerns over transparency and accountability in the handling of complaints within the Judiciary.
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