The office of the Commission on Administrative Justice (CAJ) on Tuesday issued formal demands to Chief Justice Martha Koome in response to the growing complaints against the Judiciary, particularly concerning the conduct of certain judges and magistrates.
In a press statement delivered by the chairperson of the CAJ Charles Dulo, the commission has asked Koome to speedily resolve all complaints against the judiciary.
CAJ also asked Koome to publish and publicise a status report on all complaints against the judiciary and its staff on all its leading communication platforms and websites within 21 days.
”Pursuant to its mandate under the Constitution, the Commission on Administrative Justice Act, and the Access to Information Act, the Commission on Administrative Justice (Office of the Ombudsman) has, vide a letter dated 3rd February 2025, urged the Chief Justice, Hon. Martha K. Koome, to speedily and conclusively resolve complaints against the Judiciary,” read part of the statement by the CAJ.
Chief Justice Martha Koome makes a ruling during a virtual court session on January 21, 2025.
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Judiciary
”In addition, the Chief Justice has been urged to publish and publicise a status report on all such complaints in fulfillment of the provisions of Article 35(3) of the Constitution and Section 5 of the Access to Information Act. The CAJ has further requested the Chief Justice to submit a compliance report on the status of such complaints to the Office of the Ombudsman within the next twenty-one (21) days.”
Furthermore, the commission demanded that Koome address instances of maladministration, citing numerous complaints from the public, particularly those related to public institutions.
CAJ revealed that it had lodged over 700 cases of maladministration to the Judiciary in the last five years, stating that only 40 per cent had been resolved thereby undermining access to justice for Kenyans.
In response to this, the commission asked the Chief Justice to ensure that the remaining cases are responded to.
The majority of the cases that are yet to be responded to are those touching on the conduct of judges, judicial officers, and staff of the judiciary according to the commission.
”The CAJ has received and forwarded over 700 cases of maladministration to the Judiciary in the last five years, nearly 60 per cent of which remain unresolved, undermining the quest for justice for aggrieved Kenyans,” CAJ noted.
Additionally, Koome has been urged to ensure that the Judiciary upholds its constitutionally mandated role of providing checks and balances.
”Their general role as stated in Article 249(1) of the Constitution, is to provide checks and balances, thereby protecting the sovereignty of Kenyans and ensuring compliance with the Constitution. To this end, in matters relating to maladministration and access to information, the Judiciary and JSC are amenable to the jurisdiction of the Commission. To state otherwise would be tantamount to overthrowing the Constitution,” it added.
Meanwhile, the commission, through its recently appointed chairperson Dulo, revealed that it had written a letter to the Judiciary to comply with some demands on the conduct of six magistrates and two judges who had been accused of corruption and bribery.
CAJ urged Koome to address the contents in its letter demanding a closure on the conduct of the two judges and magistrates.
The Judiciary has been under pressure from a section of lawyers and members of the public over claims of corruption and accountability.
A photo of entrance to the Court of Appeal building.
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The Judiciary of Kenya