The Commission on Administrative Justice (Office of the Ombudsman) has summoned members of the Judicial Service Commission over failure to publicise all complaints against judicial officers.
Commission chairperson Charles Dulo said he had requested that all complaints handled by both the office of the Judiciary Ombudsman and the JSC be published in accordance with the provisions of Art.35 (3) of the Constitution and 55 of Access to Information Act.
Dulo noted that he made the request on December 23, 2024 and February 4, 2025 and gave 21 days to JSC to comply.
“Regrettably this has not been done and the 21days period has elapsed,” he said.
Dulo noted that members of the JSC have been asked to appear before the commission on March 24 and 25, 2025 at 10.00am.
“This unprecedented action stems from the failure by JSC and Judiciary to comply with the directives of the commission regarding the resolution and publication of complaints of maladministration against judges, judicial officers and staff of the Judiciary,” he stated.
Responding to the matter, JSC Secretary Winfridah Mokayah condemned “the unlawful and unwarranted summonses issued by CAJ against its members.
Mokaya said CAJ's attempt to compel JSC Members to appear before it over alleged non-compliance with directives on publishing complaints against judges, judicial officers and judiciary staff is misguided, unconstitutional and an unacceptable overreach.
Dulo noted that the commission has, in the recent past, engaged the Judiciary and JSC regarding the resolution and publication of such complaints.
He said CAJ, since 2019 to date, has received 700 complaints
of maladministration against the Judiciary.
“In particular, the commission wrote a letter to JSC dated December 23, 2024 and received a response dated December 31, 2024. A further letter was sent on February 3, 2025 to the Chief Justice, which elicited a response on February 17, 2025,” he said.
He added that the commission requested the Judiciary and JSC to speedily and conclusively resolve all the complaints lodged with it and publish and publicise, in accordance with Article 35(3) of the Constitution and Section 5 of the Access to Information Act, a status report on all unresolved pending matters clearly indicating their position/status and action taken, if any, as well as the timeframe for the intended remedial action.
Dulo said the commission further asked JSC to indicate the nature and analysis of the already resolved complaints together with the reasons for the decision; and submit a comprehensive report to CAJ within 21 days.
Mokaya said CAJ has no legal authority to summon, oversee, or direct an independent constitutional commission.
“These reports comprehensively detail the number, nature and status of complaints and petitions handled by the JSC. The Commission remains unwavering in its commitment to transparency and accountability in the execution of its constitutional mandate,” she said.
Mokaya said the JSC has repeatedly informed the CAJ that the information it seeks is already publicly available through the JSC Annual Reports and the State of the Judiciary and Administration of Justice Reports (SOJAR), which are published annually and accessible to all Kenyans.
She said the JSC will not be subjected to unlawful interference adding that the commission will challenge the summonses through the appropriate legal mechanisms.
