CAJ Gives 21-Day Notice To Judiciary Over Complaints Against Judges
The Commission on Administrative Justice (CAJ) has given the Judiciary Service Commission (JSC) a 21-day deadline to publish all complaints filed against judges and their decisions on their public website and other platforms.
In the December 24 notice, the CAJ also directed the Judiciary to provide a compliance report including an analysis of the issues raised and their resolution.
According to the notice, this decision was sparked by a recent interview with Jacqueline Ingutiah, the Female Representative of the Law Society of Kenya (LSK), on Spice FM.
The discussion has raised concerns about the high number of complaints against judges that go unanswered.
During the interview, it was revealed that since the foundation of the JSC in 2011, 935 cases against judges had been filed.
The Commission on Administrative Justice (Office of the Ombudsman), has given the Judicial Service Commission 21 days to publish and publicise the complaints/petitions lodged against judges and their outcomes#HataMnyongeAnaHaki#WorkingForThePeople@KenyasOmbudsman @jsckenya pic.twitter.com/UF9kR9wNQm
— Hon. Jaguar (@RealJaguarKenya) December 24, 2024
Of the 935 instances, 862 had been resolved, leaving only 73 outstanding.
However, 772 complaints had been dismissed due to decisional independence. This amounts to 82.5% of all claims filed.
“These statistics highlight both the volume of complaints received and the need for a more transparent process regarding how these complaints are managed,” part of the statement read.
Because the JSC is in charge of overseeing all complaints, the CAJ emphasized the importance of providing adequate public disclosure about the outcomes of these complaints.
The commission also cited Article 35 of the Constitution, which guarantees all citizens the right to access information, and described the information that the JSC must provide to citizens within the next 21 days.
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“The Commission appreciates the JSC’s efforts in providing some updates through press releases but urges it to take further steps to disclose specific decisions related to complaints against judges,” the statement read.
The CAJ, through Chief Justice Martha Koome, urged the judiciary to provide precise information on a regular basis, including the number of complaints or petitions filed against judges.
They must also detail the nature of the complaints, the timeframes of the proceedings, the analysis based on hierarchy, division, and geographical location, and any decisions reached to date.
This order comes as a group of prominent counsels in the country, including former LSK President Nelson Havi, are demanding CJ Koome’s resignation, citing corruption in the Supreme Court of Kenya.
CAJ Gives 21-Day Notice To Judiciary Over Complaints Against Judges
