Martha Koome Given 21-Day Ultimatum To Enhance Judiciary Transparency

The Office of the Ombudsman has given the Judiciary Service Commission (JSC), chaired by Chief Justice Martha Koome, a 21-day deadline to improve transparency in its handling of complaints against judges.

In a statement issued on Tuesday, December 24, Ombudsman Chairperson Charles Dulo instructed the JSC to disclose detailed information regarding complaints filed against judges, including responses, analyses, and outcomes, on its website and other accessible public platforms.

This directive is in accordance with Section 5 of the Access to Information Act, 2016.

This action follows comments made by Jacqueline Ingutiah, a member of the JSC and Chair of the Committee on the Administration of Justice, during an interview with Spice FM.

Ingutiah revealed that since its inception in 2011, the JSC has handled 935 complaints against judges, with 862 cases resolved.

However, 772 of these complaints (82.5%) were dismissed due to “decisional independence,” leaving 73 unresolved cases.

The Ombudsman emphasized that the JSC plays a vital role in safeguarding judicial integrity through the investigation of complaints and the recommendation of disciplinary actions when necessary.

The lack of public disclosure on the handling and resolution of these complaints has led to concerns about corruption and accountability, diminishing public trust in the judicial system.

Citing Article 35 of the Constitution and Section 5 of the Access to Information Act, which grants citizens the right to access information, the Ombudsman urged the JSC to regularly publish:

1. The total number of complaints and petitions filed against judges.
2. Details about the nature and progress of these complaints.
3. Timelines for resolving each case.
4. An analysis of complaints by judicial rank, division, and geographical region.
5. A comprehensive list of determinations, while complying with the Data Protection Act, 2019.

Although the JSC has previously issued press releases with updates, the Ombudsman stressed the need for more detailed and consistent public disclosures.

The Commission on Administrative Justice (CAJ) believes that these measures will strengthen public trust in the judiciary by ensuring greater transparency and accountability.

The Ombudsman’s statement comes amid growing calls from legal professionals, including former Law Society of Kenya (LSK) Presidents Ahmednasir Abdullahi and Nelson Havi, for the resignation of Chief Justice Koome due to alleged corruption within the judiciary.

The Ombudsman reaffirmed its commitment to promoting administrative justice and access to information in Kenya, urging the JSC and other stakeholders to collaborate in building a more transparent and accountable judicial system.

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