BBI

Raila defends the creation of the Ombudsman Office in the BBI report

Said its propaganda to say that it will interfere with independence of judiciary.

In Summary

• Raila said that the appointment of the ombudsman will go through a competitive process, including being vetted by the Parliament.

• Said the introduction of the Judiciary Ombudsman is for the benefit of the members of the public, where they will raise their complaints against the Judiciary.

President Uhuru Kenyatta and ODM leader Raila Odinga display copies of the BBI report at the State Lodge in Kisii on October 21
President Uhuru Kenyatta and ODM leader Raila Odinga display copies of the BBI report at the State Lodge in Kisii on October 21
Image: PSCU

A number of groups including the Council of Governors have called for the removal of the office of Ombudsman in the Building Bridges Initiative report.

The church leaders, CoG have said that the Ombudsman will interfere with the independence of the Judiciary.

 

The same has also been repeated by Deputy President William Ruto who has said that more needs to done to the report before being subjected to a referendum.

 
 

The report has proposed in the administration of justice with the creation of the office of Judiciary Ombudsman.

The ombudsman will be nominated by the President with the approval of the National Assembly. The tenure of the office holder will be five years.

Among the duties envisaged include receiving and conducting inquiries into complaints against judges, registrars, magistrates, and other judicial officers and staff of the Judiciary.

On Sunday, ODM leader Raila Odinga explained how the decision to come up with the Ombudsman office was reached at.

The opposition chief held a consultative meeting with governors drawn from the Western region in Kisumu, attended by Interior CS Fred Matiang'i and Labor PS Nelson Marwa.

Raila said that the introduction of the Judiciary Ombudsman is for the benefit of the members of the public, more so those who would like to raise complaints about the judiciary.

 

The judiciary is supposed to display justice. We have been complaining that the same Judiciary has been compromised, sometimes, that there have been judges on the take, making rulings that are not in accordance with the law,” Raila said.

 

He continued that:

That’s the reason why this office is being created…that we now have an institution where ‘wananchi’ can go to make their complaints.”

Raila said that the Judiciary Ombudsman will not be independent if appointed by the Chief Justice.

“How independent would it be if that ombudsman will be appointed by the Chief Justice? Because he/she is also supposed to oversight the Chief Justice, and the Supreme Court.”

He said the appointment of the ombudsman will go through a competitive process, including being vetted by the Parliament.

“Once the Parliament has vetted, the President in his/her capacity can as the Head of State will appoint the Ombudsman. I don’t know how that will interfere with the independence of the Judiciary. To my view, that is propaganda.” 

Law Society of Kenya President Nelson Havi had also said that the role of the ombudsman will be to inspect judicial officers with the aim of intimidating and castigating judges. 

"We will in essence have a silent executor whose work is to collect gossip and rumours to railroad judges. We will not allow that," he said.


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