FAQs – The Judiciary of Kenya

1. Office of the Judiciary Ombudsman – OJO

A. Where and how do I lodge my complaint against a judicial officers/staff or the Judiciary?

Visit us at the supreme court building, city hall way, chamber No 22 /23 or call us on (020) 2221221-1655 or 1654. To access the OTRS – Open Technology Real Services, a litigant should email servicedesk@court.go.ke . Complaints can be made in writing (either through a letter via address 30041 Nairobi), by phone, in person or by using the online complaint form.

B. What are the issues that we investigate?
We investigate allegations of misuse of office, unethical conduct, corruption, lost files, maladministration, delayed cases, poor/slow service, cannibalized files, vindictiveness, incompetence, misbehavior, inefficiency associated with courts.

Complaints can only be lodged against judicial Officers/staff and the judiciary as an Institution.

C. What is the process of handling complaints?

Complainant fills in Complaint Form/sends an email
A unique ticket number is issued
Complaint is assessed for compliance with Mandate
If within mandate, OJO – Office of the Judiciary Ombudsman commences inquiries and complainant is issued with copy of communication
If NOT within OJO mandate, Complainant is advised accordingly and/or referred to appropriate agencies
The ticket is forwarded to concerned liaison person in the court station.
If a response is not received from the respondent as per the service level agreement the ticket escalates.
If a response is availed an external note is sent to complainant.
When the complaint is resolved the ticket is closed.

D. How can I fast-track a succession matter to enable the family enjoy the benefit?
In Succession Causes the petition for grant has to be gazetted for six months. However under special circumstances a party can request the court to reduce the six months gazette period. For this, one makes an application before the trial judge and if successful a confirmed grant will be issued before the six month expiry. This is done by a way of summons for confirmation within six months.

E. Who is entitled to a grant?
The persons entitled to apply for a grant include;

Persons who have been appointed in a Will referred to as executor (male) executrix (female).
Persons who are NOT a minor, of unsound mind or bankrupt.
Any person can apply for a grant but priority is given to spouses, children, parents according to the degree of consanguinity. Not more than four (4) people may apply at once.
Where there is no Will such person is referred to as an administrator (male) administratrix (female).

F. What is my remedy if am dissatisfied with the ruling/judgment in my matter?

Please be advised on your right to appeal against the ruling/judgment.

G. Where do I apply for letters of administration?
Make your application for letters of administration at the Magistrates Courts.
Section 48 gives resident magistrates jurisdiction to deal with estates whose value does NOT exceed Kshs100,000. Where the magistrates court is located and where there is also a High Court, it is only the High Court which will have jurisdiction to deal with Succession Cause.

H. Where do I complain against my advocate?
Please visit the Advocates Complaints Commission located at Sheria House Nairobi for complaints on advocates’ conduct.

2. The Supreme Court of Kenya

A. Under which Law is the Supreme Court Established?
The Supreme Court is established under Article 163 of the Constitution as the final arbiter and interpreter of the Constitution. The Court is further provided for under the Supreme Court Act No.7 of 2011.

B. What type of cases is brought before the Supreme Court?
The Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140. It also has, Subject to clause (4) and (5) of Article 163 of the Constitution, appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation. Appeals to the court can either be;

As a matter of right where the case involves interpretation or application of the Constitution or
A matter certified by the Supreme Court or the Court of Appeal as one that involves a matter of general public importance.

It may also render advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government and finally has power to determine the validity of a declaration of a state of emergency; an extension of such a declaration or any legislation enacted or action taken in consequence of a declaration of a state of emergence.

C. How many judges are in the Supreme Court?
There are 7 judges of the Supreme Court with the Chief Justice as its President and the Deputy Chief Justice as the Deputy President and 5 other Judges

D. Where is the Supreme Court Situated?
The Court has its seat in Nairobi at the Supreme Court Building along City Hall way, Nairobi.

E. How much do you pay to bring a matter to the Supreme Court?
A schedule of fees is established in the Supreme Court Act and is based on the type of case brought before the Court as well as the number of pages in the annextures. The Supreme Court Act may be accessed through www.kenyalaw.org

3. Institutionalizing Performance Management and Measurement in the Judiciary

A. What is Performance Management and Measurement?

Performance Management is regularly and consistently collecting performance data for the purposes of establishing clear strategic objectives to improve efficiency and effectiveness, so as to achieve desired outcomes.

B. Can Performance Management be introduced in the Judiciary?

Yes, because it is acknowledged that what gets measured gets done and what gets done gets measured. More particularly, in the case of courts, there are performance measures and standards that have been successfully implemented in other jurisdictions to measure court performance and productivity.

C. Why introduce Performance Management in the Judiciary?

To facilitate planning, budgeting and performance for effective and optimal use of resources;
To clarify roles and responsibilities for enhanced transparency and accountability;
To improve services to court users and stakeholders; and
To enhance Court performance and productivity.

D. What other jurisdictions are undertaking performance Management?

Rwanda, Belgium, Netherlands, Romania, Finland, Australia and United States of America.

E. Who is involved in Performance Management?

We are all involved.

Judges, even the Chief Justice and Deputy Chief Justice; magistrates, judicial officers, including the Chief Registrar of the Judiciary; judicial and administrative staff, directorates, courts and tribunals.

F. What will the Judiciary achieve through the introduction of Performance Management?

Enhanced access to Justice for all;
Improved service delivery;
Improved Court User satisfaction and increased public confidence in the Judiciary; and
Increased Employee productivity and satisfaction.

G. What is a PMMU?

The acronym PMMU stands for Performance Management and Measurement Understanding. It is a freely negotiated performance agreement signed annually between the leadership of an institution of the Judiciary and an implementing unit and which contains performance obligations and reciprocal facilitation commitments.

H. Does Performance Measurement curtail judicial independence?

No. Performance measurement does not impede judicial independence. On the contrary performance management enhances judicial independence through promoting accountability and transparency in the decision making process.

I. Is Performance Measurement aimed at spotlighting an individual’s performance?

Performance measurement is a steering tool NOT a grading tool; it enables the institution to identify deficiencies and introduce measures for improvement.

J. Will Performance Measurement undermine the development of jurisprudence?

No. Performance measurement will not undermine judges’ and magistrates’ ability to develop jurisprudence.

“Experiences from other jurisdictions clearly show that evaluation is not only possible and desirable, but also that the qualities of good judicial decision making are capable of measurement if the metrics are carefully selected.”- Kihara Report, 2008

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