Ombudsman summons CJ Koome, JSC members

Deputy chief justice Philomena Mwilu and Chief Justice Martha Koome during the presidential petition at the supreme court,Nairobi on 2nd September 2022 [File, Standard] The Commission on Administrative Justice (CAJ) has summoned Chief Justice (CJ) Martha Koome and nine other members of the Judicial Service Commission (JSC). In a letter signed by CAJ chair Charles Dulo, Koome, among other JSC members, are expected to appear on March 24 and March 25 to answer allegations of ignorance and neglect of the constitution. Dulo said the 10 will be expected to explain why they have failed to publish complaints they have received and handled against Judicial Officers, judges and other staff. "Since 2019 to date, CAJ received 700 complaints of maladministration against the Judiciary, some of which have remained unresolved to date," stated Dulo. Other summoned JSC members are Isaac Ruto, Dorcas Odiwuor, Judges Mohammed Ibrahim, Fatuma Sichale and Anthony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani and Jacqueline Ingutiah. "The commission has invoked its powers under 252 of the Constitution and CAJ's regulation to issue summonses to JSC members," wrote Dulo. According to Dulo, CAJ contacted the JSC and judiciary and urged them to, within 21 days, speedily and conclusively resolve all the complaints lodged and publish them. He also said they urged them to provide a status report on all unresolved matters and their statuses, timelines and action taken. "They were also to indicate the nature and analysis of the already resolved complaints together with the reasons for the decision and submit a report to CAJ within 21 days," noted the chair. However, he said that the failure to comply has resulted in a cyclic process of exchange of correspondence between JSC and Judiciary, affecting service delivery. Dulo said that as an accountability institution, CAJ has to ensure there is compliance with the constitutional values and principles in terms of administrative justice and access to information. "The CAJ- Office of the Ombudsman, has today issued summonses to members of the JSC to compel their appearance before the Commission on March 24 and March 25 at 10am," stated CAJ chair. According to Dulo, on February 4, CAJ addressed the public on complaints against judicial officers relating to mismanagement, integrity, corruption and conflict of interests, among others. "The CAJ requested JSC and the judiciary to within 21 days, publicise all complaints against judicial officers handled by CAJ and JSC, in accordance with the constitution on access to information," said Dulo. However, he said that the same has not materialized and 21 days have lapsed. He regretted that the alleged neglect was on the judiciary side which is supposed to be the defender of the rule of law. He insisted that the constitution requires the judiciary to be accountable to the people and apply national values, principles of governance, integrity, transparency and accountability. According to Dulo, although the constitution recognizes the independence of the JSC, no provision has exempted them from oversight. "These are the Constitutional checks and balances that are necessary to ensure that each state organ complies with the Constitution," he wrote. He said that although the JSC is headed by CJ Koome, every person is subject to the law, irrespective of their status in society, in a bid to promote democracy and good governance. "This decision was not taken lightly and CAJ reaffirms its unflinching resolve to firmly deal with public officers who disobey its directives as per its constitutional mandate" he said. Further, the chair said that CAJ will not hesitate to call out any impunity attitude on the part of such officers. They made the public aware that CAJ had engaged the Judiciary and JSC regarding the resolution and publication of such complaints.

Ombudsman summons CJ Koome, JSC members

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