The Judicial Service Commission (JSC) has strongly opposed the summons issued by the Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, over unresolved complaints against judges and judicial officers.
The JSC has termed the summons illegal and unconstitutional.
In a statement, JSC Secretary Winfridah Makoya dismissed the summons as misguided and unacceptable. She insisted that the Ombudsman has no legal authority to summon, oversee, or direct an independent constitutional commission.
“The JSC has repeatedly informed the CAJ that the information it seeks is already available through the JSC Annual Reports and the State of the Judiciary and Administration of Justice Report (SoJAR), which are published annually and accessible to all Kenyans,” Makoya said.
She further accused the Ombudsman of using threats and intimidation instead of constructive engagement. “It is deeply regrettable that a fellow independent commission has resorted to coercion rather than dialogue. The JSC will not be subjected to unlawful interference and will challenge the summons through the appropriate legal mechanisms,” she added.
The summons require Chief Justice Martha Koome and ten other JSC members to appear before the Ombudsman between Monday, March 24, and Tuesday, March 25. The move comes amid a standoff between the JSC and Supreme Court judges, who have gone to court to block proceedings seeking their removal.
The Ombudsman accuses the JSC of failing to comply with directives issued on December 23, 2024, and January 31, 2025. It has demanded a report on all unresolved complaints against judicial officers and the publication of details on resolved cases, including their nature, analysis, and reasoning behind the decisions.
“This decision was not taken lightly. The Commission reaffirms its commitment to holding public officers accountable and will not hesitate to call out any impunity,” the Ombudsman said in a statement.
Failure to comply with the summons could lead to a fine of up to Sh500,000 or imprisonment for a term not exceeding two years.
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