The Commission on Administrative Justice (CAJ) has issued a formal demand to Chief Justice Martha Koome, urging her to take immediate action in response to growing concerns about the Judiciary.
The commission, commonly known as the Office of the Ombudsman, is particularly concerned about complaints regarding the conduct of certain judges and magistrates.
In a press statement released on Tuesday, CAJ Chairperson Charles Dulo called on CJ Koome to resolve all outstanding complaints against the Judiciary without further delay.
The commission also directed her to publish a detailed status report on these complaints across all Judiciary communication platforms and its official website within 21 days.
“In accordance with its constitutional mandate, the Commission on Administrative Justice (Office of the Ombudsman) has, through a letter dated February 3, 2025, urged Chief Justice Martha Koome to swiftly and conclusively address all complaints filed against the Judiciary,” the statement read.
The Ombudsman further demanded that the Judiciary submit a compliance report detailing the progress made in resolving these complaints within the next 21 days.
This directive aligns with the provisions of Article 35(3) of the Constitution and Section 5 of the Access to Information Act, which emphasize transparency and accountability in public institutions.
Public Complaints on Maladministration
The CAJ has raised serious concerns about widespread maladministration within the Judiciary, citing numerous complaints from the public, especially regarding delays in handling cases.
The commission disclosed that over the past five years, it had forwarded more than 700 cases of maladministration to the Judiciary.
However, only 40 percent of these cases have been resolved, leaving nearly 60 percent unaddressed, which the commission says has hindered access to justice for many Kenyans.
“The Judiciary has received over 700 cases of maladministration from the Commission over the past five years. Unfortunately, nearly 60 percent of these cases remain unresolved, denying justice to many Kenyans who seek fairness in legal matters,” the CAJ noted.
To address these concerns, the commission has urged CJ Koome to ensure that all pending cases are addressed promptly. The unresolved cases mainly involve complaints about the conduct of judges, magistrates, and other judicial staff.
Judiciary’s Constitutional Role in Accountability
The Ombudsman also reminded the Judiciary of its responsibility to uphold transparency and accountability as outlined in Article 249(1) of the Constitution. The commission stressed that the Judiciary, along with the Judicial Service Commission (JSC), must remain open to oversight to maintain public trust in the justice system.
“The Judiciary has a fundamental duty to provide checks and balances, ensuring that the sovereignty of the Kenyan people is protected. Denying oversight on matters of maladministration and access to information would be a direct violation of the Constitution,” the statement added.
Corruption Allegations Against Judges and Magistrates
The commission further disclosed that it had recently written to the Judiciary regarding the conduct of six magistrates and two judges accused of corruption and bribery. The CAJ has asked CJ Koome to take decisive action against these judicial officers and provide a conclusive report on the matter.
Public pressure on the Judiciary has intensified in recent months, with some lawyers and members of the public expressing concerns about corruption and a lack of accountability. The CAJ now wants CJ Koome to take urgent steps to restore public confidence by addressing these issues comprehensively.
With just 21 days to respond to the Ombudsman’s demands, all eyes are now on Chief Justice Koome to see how she will handle the mounting concerns regarding the Judiciary’s integrity and efficiency.
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