Ombudsman directs JSC to publish complaints against judges, decisions within 21 days
By Maureen Kinyanjui |
The Ombudsman wants the JSC to publish detailed information on judicial complaints, including the complaints themselves, responses from judges, analysis of the issues raised, and their final determinations.
The Commission on Administrative Justice (Office of the Ombudsman) has directed the Judicial Service Commission (JSC), to enhance transparency in handling complaints against judges.
The Ombudsman through a notice on Tuesday gave the JSC 21 days to publish detailed information on judicial complaints, including the complaints themselves, responses from judges, analysis of the issues raised, and their final determinations.
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"The analysis of issues and their determination, and submit a compliance report in accordance with Section 5 of the Access to Information Act, 2016," reads the notice.
This request is in accordance with Section 5 of the Access to Information Act, 2016, which mandates public entities to proactively disclose information that affects the rights and freedoms of citizens.
The Ombudsman noted that the publication should occur across the JSC's website and other accessible platforms, ensuring that the public has access to this crucial information.
Worrying stats
In an interview on Spice FM's "The Situation Room," Jacqueline Ingutiah, the Female Representative of the Law Society of Kenya to the JSC and the Chairperson of the Committee on the Administration of Justice shared some concerning statistics regarding judicial complaints.
Ingutiah revealed that since the establishment of the JSC in 2011, a total of 935 complaints had been lodged against judges. Of these, 862 cases were finalised, leaving 73 cases pending.
A significant portion of these cases 772 complaints, or 82.5 per cent of the resolved cases were dismissed due to what the JSC described as "decisional independence."
These numbers highlight the volume of complaints handled by the Commission but also indicate the need for greater transparency in how these complaints are managed and resolved.
"The oversight function of the JSC is crucial to maintaining high standards of judicial conduct and ensuring public trust in the judiciary. However, without adequate public disclosure, there is a risk that perceptions of corruption and lack of accountability could undermine confidence in judicial integrity," the Ombudsman stated.
The Ombudsman's call for transparency is based on the constitutional right of every citizen to access information, as outlined in Article 35 of Kenya's Constitution.
The Ombudsman has also highlighted that the JSC's compliance with this directive is not only essential for upholding the public's right to information but also critical in addressing ongoing concerns over corruption and accountability within the judiciary.
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