JSC Terms Summons Issued To CJ Koome & 9 Members As Threats

The Judicial Service Commission (JSC) has responded to summons issued by the Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, against Chief Justice Martha Koome and nine JSC members, accusing CAJ of deciding to use threats against them.

In a set-the-record-straight statement released on Friday, February 28, the JSC strongly condemned CAJ's 'unlawful and unwarranted' summonses, stating that the commission was trying to force the JSC members to appear over what it termed earlier was failure to comply with its directive to publish and disclose all complaints against Judicial Officers.

"The 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 read in part.

The judicial commission reaffirmed that the information CAJ was pursuing was publicly available through the JSC Annual Reports and the State of the Judiciary and Administration of Justice Reports (SOJAR), which are published annually and accessible to all Kenyans.

Members of the Commission on Administrative Justice (CAJ), led by Commission Chairperson Charles Dulo (in red tie), during a press briefing on February 28, 2025. /OMBUDSMAN KENYA

JSC noted that the reports comprehensively detail the number, nature and status of complaints and petitions handled by the JSC. This is as it stated that it remains unwavering in its commitment to transparency and accountability in the execution of its constitutional mandate.

"It is deeply regrettable that a fellow independent Commission has resorted to threats and intimidation instead of engaging in constructive dialogue," the JSC slammed.

"The CAJ has no legal authority to summon, oversee, or direct an independent constitutional Commission. The JSC will not be subjected to unlawful interference and will challenge these summonses through the appropriate legal mechanisms."

According to JSC, the Constitution of Kenya, under Article 249(1) and (2), guarantees the independence of the commission, explicitly stating that it shall not be subject to the direction or control of any person or authority.

JSC, therefore, viewed that the CAJ's actions are a blatant disregard of the aforementioned constitutional provisions and set a dangerous precedent for the independence of constitutional commissions.

"On 3rd February 2025, the CAJ requested an update on 700 complaints of maladministration against the Judiciary that it had received since 2019. In response, the Judiciary, through a letter dated 17th February 2025, provided a comprehensive status update on each of these complaints, accompanied by a detailed report outlining their resolution. These facts underscore the Judiciary's dedication to accountability, rendering CAJ's demands both unnecessary and misleading," the commission further explained.

"It is also noteworthy that during a National Council on the Administration of Justice (NCAJ) meeting held on 19th February 2025, chaired by the Hon. Chief Justice, the CAJ Chairperson, Mr. Charles Dulo, did not raise any concerns regarding the Judiciary or the JSC. On the contrary, he apologized to the Chief Justice for his approach to addressing judicial accountability issues and committed to pursuing further collaborative engagement."

The NCAJ provides a consultative platform for justice sector stakeholders to engage in constructive dialogue and address challenges affecting the administration of justice. JSC believed that CAJ's failure to raise its purported concerns in such a structured forum raised serious questions about its motives.

The commission went on to state that such reckless conduct undermines the rule of law, erodes public confidence in independent institutions, and disrupts the crucial work of the Judiciary. 

"The JSC will not be coerced or intimidated into submitting to an unconstitutional process. It remains steadfast in protecting judicial independence and ensuring that all engagements with other institutions are conducted within the confines of the law," the statement added.

Concluding, "The JSC will take all necessary steps to defend its constitutional authority and will not tolerate any attempts to undermine its independence."

Other than CJ Koome, those summoned include Isaac Rutto, Dorcas Odiwuor, Justice Mohammed Ibrahim, Justice Fatuma Sichale, Justice Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.

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.