Attorney General asks Ombudsman to halt summons against Chief Justice Koome, JSC members
The summons, issued on February 25, targeted several JSC members, including Vice-Chairperson Isaac Rutto and commissioners Mohammed Ibrahim, Fatuma Sichale, Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.
Attorney-General Dorcas Oduor has advised the Commission on Administrative Justice (CAJ) to halt its plans to summon members of the Judicial Service Commission (JSC), including Chief Justice Martha Koome, over concerns about the non-disclosure of complaints against judges and judicial officers.
The dispute between the CAJ, also known as the Ombudsman, and the JSC stems from accusations that the JSC has been shielding members of the Judiciary by failing to publish and publicise complaints filed against them.
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The Ombudsman had summoned JSC members to appear on March 25, 2025, to explain their failure to comply with an earlier order issued in December.
In response, Oduor advised against any immediate action on the summons. “Pending our consideration of the requested advisory, the Ombudsman is advised to halt the proceedings with respect to the issued summons,” she wrote in a letter to CAJ Chairperson Charles Orinda Dulo.
“The JSC is also advised not to take any precipitate action as the issue of summons is under due consideration by this office,” the letter reads.
The AG also revealed that her office had received a formal request from the CAJ seeking clarification on whether the Ombudsman has the authority to summon members of independent commissions.
She noted that her advisory would also address the legal boundaries set by the Access to Information Act.
The summons, issued on February 25, targeted several JSC members, including Vice-Chairperson Isaac Rutto and commissioners Mohammed Ibrahim, Fatuma Sichale, Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.
Judiciary Chief Registrar Wilfridah Mokaya, who serves as JSC Secretary, and CAJ Chief Executive Officer Mercy Wambua were also copied in the letter.
Meanwhile, the Ombudsman has turned to the Supreme Court for an advisory opinion on handling complaints involving constitutional commissioners and county governments.
Represented by lawyer Dudley Ochiel, the CAJ is seeking the court’s guidance on the extent of its mandate under Articles 59(2) and 252 of the Constitution, particularly regarding its authority over county government officers, state officers, and constitutional commissioners.
Among the key questions before the court is whether the Ombudsman has the power to issue binding directives to address complaints against officials in devolved governments, state institutions, and independent commissions.
The CAJ also wants clarity on its powers under the Access to Information Act, specifically regarding its ability to summon individuals and demand documents for investigations involving state and county officials.
The outcome of these legal proceedings is expected to shape future engagements between the Ombudsman and other government agencies, particularly regarding accountability and transparency in the Judiciary.
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