NAIROBI, Kenya – Attorney-General Dorcas Oduor has advised the Commission on Administrative Justice (CAJ) to temporarily suspend its summons of Judicial Service Commission (JSC) members, including Chief Justice Martha Koome, over a dispute about the non-disclosure of complaints against judges and judicial officers.
The controversy arose after the CAJ, also known as the Ombudsman, accused the JSC of shielding judicial officials by failing to publish and disclose complaints filed against them.
The Ombudsman had scheduled a summons for March 25, 2025, to demand an explanation for non-compliance with an earlier order issued in December 2024.
In a letter to CAJ Chairperson Charles Orinda Dulo, AG Oduor urged the commission to hold off on the summons while her office considers the matter.
“Pending our consideration of the requested advisory, the Ombudsman is advised to halt the proceedings with respect to the issued summons,” Oduor wrote.
She also advised the JSC to refrain from taking any “precipitate action” as the issue is under review.
Oduor revealed that the CAJ had formally sought clarification on its authority to summon members of independent commissions, a matter she promised to address in an advisory that would also consider the legal parameters of the Access to Information Act.
The Ombudsman’s summons targeted several JSC members, including Vice-Chairperson Isaac Rutto and commissioners Mohammed Ibrahim, Fatuma Sichale, Antony Mrima, Everlyne Olwande, Omwanza Ombati, Caroline Nzilani Ajuoga, and Jacqueline Ingutiah.
Judiciary Chief Registrar Wilfridah Mokaya, who serves as the JSC’s secretary, was also listed in the summons.
The CAJ has turned to the Supreme Court for an advisory opinion on its authority, particularly regarding complaints involving constitutional commissioners and county governments.
Represented by lawyer Dudley Ochiel, the CAJ seeks clarity on its mandate under Articles 59(2) and 252 of the Constitution.
The commission wants the court to determine whether it has the power to issue binding directives in cases involving state and county officials and constitutional commissioners.
It also seeks guidance on its powers under the Access to Information Act, specifically on summoning individuals and demanding documents during investigations.
