Ombudsman suspends summons against JSC members, seeks constructive dialogue
CAJ had called for the JSC to address complaints of maladministration involving judges, judicial officers, and Judiciary staff.
The Office of the Ombudsman has halted its summons against members of the Judicial Service Commission (JSC) and opted for dialogue as a means to resolve the matter.
In a statement on Wednesday, Commission on Administrative Justice (CAJ) Chairperson Charles Orinda announced the suspension, citing ongoing efforts to facilitate discussions, mediation or negotiations with the JSC.
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“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 said.
The summons, issued on February 28, 2025, required ten JSC commissioners to appear before the CAJ on March 25, 2025. They were expected to respond to accusations of failing to publish and publicise a status report on unresolved complaints against judicial officers.
CAJ had called for the JSC to address complaints of maladministration involving judges, judicial officers, and Judiciary staff. The failure to do so led to the issuance of the summons, escalating tensions between the two institutions.
The matter comes amid a dispute between JSC and Supreme Court judges. The judges had moved to the Supreme Court, challenging proceedings initiated to seek their removal.
Among those summoned were Chief Justice Martha Koome, Isaac Rutto, Dorcas Odiwuor, Justice Mohammed Ibrahim, and Justice Fatuma Sichale. Others included Justice Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.
Orinda further explained that a pending the Supreme Court case — Advisory No. E001 of 2025 — was a key factor in the decision. The case, scheduled for hearing on April 3, 2025, seeks to clarify the Ombudsman’s authority over constitutional commissioners 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 stated.
He also acknowledged the Chief Justice’s response to the summons through her legal team, emphasising the commission’s willingness to engage in constructive dialogue.
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