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The Nairobian

JSC defies Ombudsman summons, terms them unconstitutional

National

By Esther Nyambura | Feb 28, 2025

**Deputy chief justice Philomena Mwilu and Chief Justice Martha Koome during the presidential petition at the supreme court,Nairobi on 2nd September 2022.** [File, Standard]

The Judicial Service Commission (JSC) has condemned the summonses issued by the Commission on Administrative Justice (CAJ) against its members, stating that their actions undermine the rule of law.

In a statement, the JSC said: “CAJ's attempt to compel JSC members to appear before it over alleged non-compliance with directives on publishing complaints against judges, judicial officers, and judiciary staff is misguided, unconstitutional, and an unacceptable overreach.”

The statement comes hours after the Office of the Ombudsman summoned ten judges, including Chief Justice Martha Koome, for failing to comply with its directive to publish and publicize all complaints against judicial officers.

However, in their defense, the JSC stated that the documents in question were made available by the Judiciary, accompanied by reports of their resolutions on February 17.

Additionally, during last week’s National Council on the Administration of Justice meeting, chaired by both the Chief Justice and CAJ chair, no issues were raised, leading the JSC to question why concerns are being raised now.

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Furthermore, the documents they are seeking are already publicly available through JSC Annual Reports and the State of the Judiciary and Administration of Justice Report (SoJAR).

“These reports comprehensively detail the number, nature, and status of complaints and petitions handled by the JSC. The Commission remains unwavering in its commitment to transparency and accountability in the execution of its constitutional mandate,” added the Commission.

The JSC further argued that CAJ has no legal authority to summon, oversee, or direct an independent constitutional commission, emphasising that Article 249 of the 2010 Constitution guarantees the independence of the JSC and prohibits control by any person or authority.

According to the JSC, if there is any misunderstanding, it can be resolved through constructive dialogue. However, they will not be subjected to unlawful interference and will challenge the summons through appropriate legal mechanisms.