The Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, has issued a bold advisory to the Judicial Service Commission (JSC) to significantly enhance transparency in handling judicial complaints and decisions. The CAJ has given the JSC 21 days to publish detailed information about complaints lodged against judges, responses received, and outcomes of the investigations.
CAJ Chair Charles Dulo, in a statement, emphasized the critical role of transparency in fostering public trust in the judiciary. “One of the JSC’s primary functions is to receive and investigate complaints against judges and recommend disciplinary actions where necessary. This oversight role is essential for maintaining high standards of judicial conduct and ensuring confidence in the judiciary’s integrity,” Dulo stated.
The advisory underscores the importance of public disclosure in judicial processes. Without sufficient transparency, Dulo warned, perceptions of corruption and a lack of accountability could arise, undermining confidence in Kenya’s judicial system.
A Call for Public Disclosure
In its advisory to Chief Justice and JSC Chairperson Hon. Justice Martha Koome, the CAJ recommended that the JSC proactively publish information regarding complaints and decisions on its official website and other platforms. This must be done while complying with the Data Protection Act, 2019. Additionally, the CAJ highlighted Section 5 of the Access to Information Act, 2016, which mandates public entities to proactively disclose information that affects the public or promotes the realization of citizens’ fundamental rights and freedoms.
“The JSC should provide detailed information on its official platforms to ensure accountability and transparency in its operations. Public disclosure will bridge the trust gap between the judiciary and citizens,” Dulo added.
The Volume of Complaints
Since the JSC’s establishment in 2011, a total of 935 complaints against judges have been filed. Of these, 862 cases have been resolved, leaving a backlog of 73 cases. However, statistics show that 772 of the resolved complaints 82.5% were dismissed on grounds of decisional independence. This indicates the complexity of addressing judicial complaints without infringing on judicial discretion.
“The Commission appreciates the JSC’s efforts in providing updates through press releases. However, it urges further steps to disclose specific decisions related to complaints. These statistics highlight the volume of complaints received and the urgent need for a more transparent complaint management process,” Dulo noted.
Upholding the Public’s Right to Information
Transparency is a cornerstone of good governance and public trust. The Access to Information Act, 2016, grants citizens the right to access information held by public bodies, reinforcing their role as stakeholders in democratic governance. The CAJ’s advisory aligns with this principle, urging the JSC to adopt a proactive approach in sharing relevant information.
Dulo asserted that regular updates would serve two key purposes: enhancing accountability within the judiciary and reassuring the public about the system’s integrity. He pointed out that the lack of sufficient public disclosure could lead to mistrust, especially in a sector as critical as the judiciary.
Compliance and Future Expectations
The JSC has been directed to submit a compliance report detailing its adherence to the CAJ’s recommendations. This report, aligned with Section 5 of the Access to Information Act, will be a key indicator of the judiciary’s commitment to transparency.
As the 21-day deadline approaches, all eyes are on the JSC to take definitive steps toward greater accountability. By publishing complaints, responses, and outcomes, the JSC has an opportunity to bolster its reputation as a transparent and accountable institution.
A Path Forward
The CAJ’s challenge to the judiciary is both timely and necessary. In an era where public institutions are under intense scrutiny, transparency is non-negotiable. The judiciary must take deliberate steps to bridge the trust gap by embracing open communication and accountability.
Kenya’s judicial system stands at a crossroads: a transparent judiciary can inspire trust and strengthen democracy, while failure to act risks eroding public confidence. The next 21 days will reveal the JSC’s resolve to align with these principles and set a precedent for other institutions to follow.
