BY HON. DR. OTIENDE AMOLLO, CHAIRPERSON OF THE COMMISSION ON ADMINISTRATIVE JUSTICE
SECOND COLLOQUIUM OF AFRICAN OMBUDSMAN INSTITUTIONS
SAFARI PARK HOTEL, NAIROBI – KENYA
20TH FEBRUARY 2015
1. Classical Model Origin and Functioning- Moralsuation – More Recommendations- Parliamentary Reporting - Judicial Enforcement – Rare Jurisdictions e.g.
Northern Ireland Global Spread Shortcomings of the Classical Model in Africa
2. The ‘New’ Ombudsman Transplantation and Adaptation Multiple Functions
- Maladministration- Anti-Corruption- Human Rights
Extensive Powers - Adjudication- Powers of a Court – Contempt of the Ombudsman- Prosecutorial Powers
Adoption of the ‘New’ Model Contradictory Context – Nature of Work
vis-à-vis Placement &‘Soft’ Power Challenge of Enforcement
- Moralsuation – Applicable in Africa?- Inadequacies of Parliamentary Reporting • Quality & Frequency of Debate, • Politicisation of Ombudsman’s Work
- Danger of Judicial Enforcement – Negation of the Existence of the Ombudsman
Commission on Administrative Justice (CAJ) Establishment: Article 59(4) of the
Constitution and CAJ Act, 2011 Mandate
- Maladministration- Misconduct and Integrity- Advisory Opinions and Recommendations- Training of Public Officers- Performance Contracting- Alternative Dispute Resolution- Special Rights- Shared Role in Constitutionalism
Powers of the Commission: Powers of the Court Issuance of Summons and Orders Adjudication Searches and Inspections Statements under Oath Compel Production of Relevant Information Conduct Interviews Compel Attendance of the Commission Remedial Action – Compensation e.t.c
Innovative Enforcement Mechanisms1. Submission of Reports to Appropriate Agencies –
S. 42(1) & (3) with timelines for Response2. Notice to Show Cause
- Unresponsiveness- Compliance Level of 98%
3. Summons – Penal Sanction4. Performance Contracting
- Resolution of Complaints by Public Agencies- Certification and Rating by the Commission - Requirement of Report on Implementation of
Recommendations and Decisions of the Commission- Sanctions for Non-Compliance
5. Public Interest Litigation- A Party- Interested Party- Amicus Curiae (Friend of the Court
6. Reporting Mechanism- Annual- Bi-Annual- Special
7. Citation Register- Unresponsiveness & Malfeasance- Sanctions under Performance Contracting- Naming & Shaming in Annual Report
8. Huduma Ombudsman Awards- Rewarding
9. Inspections (Spot Checks)
10. Use of Coercive Powers- Investigations- Adjudication- Remedial Action
Q & A