Ombudsman Suspends Summons Against JSC Members, Opts For Dialogue

The Office of the Ombudsman has suspended its summons against members of the Judicial Service Commission (JSC) and chosen dialogue to resolve the matter.

In a statement on Wednesday, Commission on Administrative Justice (CAJ) Chairperson Charles Orinda announced the decision, citing ongoing efforts to facilitate discussions, mediation, or negotiations with the JSC.

“The suspension follows a request by the Chief Justice and aligns with Article 159 (2) (c) of the Constitution, as well as Regulation 23 of the Commission on Administrative Justice, 2013,” Orinda stated.

The summons, issued on February 28, 2025, had required ten JSC commissioners to appear before CAJ on March 25, 2025, to respond to allegations of failing to publish a status report on unresolved complaints against judicial officers.

The Ombudsman had raised concerns over maladministration complaints involving judges, judicial officers, and Judiciary staff, leading to tensions between the two institutions.

The dispute comes amid an ongoing legal battle between JSC and Supreme Court judges, who have moved to the Supreme Court challenging proceedings initiated for their removal.

Among those summoned were Chief Justice Martha Koome, Isaac Rutto, Dorcas Odiwuor, Justice Mohammed Ibrahim, Justice Fatuma Sichale, Justice Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.

Orinda further noted that a pending Supreme Court case—Advisory No. E001 of 2025—was a key factor in the decision to suspend the summons.

The case, set for hearing on April 3, 2025, seeks to clarify the Ombudsman’s authority over constitutional commissions and devolved governments.

“Since the Supreme Court is already addressing the advisory, we have decided to suspend the summons to JSC members. This will allow both processes to proceed smoothly and demonstrate our commitment to an amicable resolution,” Orinda said.

He also acknowledged the Chief Justice’s response to the summons through her legal team, affirming the commission’s willingness to engage in constructive dialogue.