CJ Martha Koome Among 10 JSC Members Summoned
The Ombudsman stated that the decision was prompted by the JSC’s failure to comply with its directive to publish and disclose all complaints against Judicial Officers.
Marvin Chege 
The Commission on Administrative Justice (CAJ), also known popularly as the Office of the Ombudsman, has summoned Chief Justice Martha Koome among 10 Judicial Service Commission (JSC) members.
The Ombudsman stated on Friday, February 28, that the decision was prompted by the JSC’s failure to comply with its directive to publish and disclose all complaints against Judicial Officers.
These complaints, handled by both the Judiciary Ombudsman and the JSC, were to be made public in accordance with Article 35(3) of the Constitution and Section 55 of the Access to Information Act.
Those summoned include Hon. Isaac Rutto, Hon. Dorcas Odiwuor, Justice Mohammed Ibrahim, Justice Fatuma Sichale, Justice Antony Mrima, Hon. Everlyne Olwande, Hon. Omwanza Ombati, Hon. Caroline Nzilani Ajuoga, and Hon. Jacqueline Ingutiah.
CJ Martha Koome during Supreme Court proceedings on the 2022 presidential election petition. /ZAKHEEM RAJAN
“This unprecedented action stems from the failure by JSC and Judiciary to comply with the directives of the Commission regarding the resolution and publication of complaints of maladministration against judges, judicial officers and staff of the Judiciary,” a statement from CAJ read in part.
“This decision was not taken lightly. The Commission reaffirms its unflinching resolve to deal firmly and fairly with Public and State Officers who disobey its directives in the performance of their constitutional mandate. We will not hesitate to call out any impunity or “utado' attitude on the part of such Officers."
The Ombudsman stated that previous attempts to engage the Judiciary and JSC on resolving and publishing these complaints had been unsuccessful.
The Commission revealed that it has received 700 complaints of maladministration against the Judiciary, with some cases still unresolved. As such, Koome and the JSC members will be expected to appear before the CAJ on March 24 and March 25.
"As an accountability institution established under the Constitution to ensure compliance with the constitutional values and principles in terms of administrative justice and access to information, the Commission on Administrative Justice (Office of the Ombudsman), has today issued summonses to members of the Judicial Service Commission (JSC) to compel their appearance before the Commission on 24th March 2025 and 25th March 2025 at 10.00 am," added the statement.
Failure to comply with the summons may result in a fine of Ksh500,000 or a prison sentence of up to two years for any of the ten individuals.
This unprecedented decision follows a dispute between the JSC and Supreme Court judges, who have taken legal action to halt proceedings aimed at their removal.
Attempts to unseat Koome have so far faced obstacles. Although petitions for the removal of all seven judges have been filed, the High Courts in Narok and Nairobi have issued conservatory orders preventing the Judiciary Service Commission (JSC) from taking any action on them.
The other Supreme Court judges are CJ Koome's deputy, Philomena Mwilu, justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola, and William Ouko.
