Presentationon Ombudsman, Courts and Common Law
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By Mr. Otiende Amollo, Chairperson of the Commission on Administrative Justice A Presentation to the Colloquium of African Ombudsman under the theme ‘Repositioning the Ombudsman: Challenges and Prospects for African Ombudsman Held in Nairobi – Kenya 19 th – 20 th September 2013
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Presentation Ombudsman, Courts and Common Law
Transcript of Presentationon Ombudsman, Courts and Common Law
By Mr. Otiende Amollo, Chairperson of the Commission on Administrative Justice
A Presentation to the Colloquium of African Ombudsman under the theme ‘Repositioning the
Ombudsman: Challenges and Prospects for African Ombudsman
Held in Nairobi – Kenya
19th – 20th September 2013
The Swedish Ombudsman, 1809 The spread of the office
- Finland- 1919- Norway- 1952- New Zealand, the 1st Commonwealth Country to adopt, 1962
Powers & Modus Operandi The irony: Role over Courts
‘‘Moralsuation’’
Parliamentary Reporting
Shortcomings - not effective in Africa - Impracticable for parliament to enforce
decisions - politicization of Ombudsman decisions.
Constitutional, Statutory or by Executive Decree- Placement- Realization
Maladministration redefined- Natural justice norms Multiple competencies
- Human rights - Anti-Corruption- Access to information- Kenya, Tanzania, Zambia, Lesotho, Ghana &Rwanda
Complementarity Advantages over Courts
- Cost and Costs- Expeditious- Inquisitiorial- Range of remedies- On systemic investigation
Future of the Ombudsman
Enabling Investigations.- Summonses- Obtaining information & document obstructing or
misleading- Prosecution on default Adjudicatory - Beyond Recommendations: instances- The Chinese wall Administrative malfeasance by Courts Advisories Suo motu jurisdiction.
The rise of Judicial Review (wade) Basis of amenability to J.R.- Constitutions (statutes)- Rationale The limits of Court intervention- The Principles- Insulation from liability for acts
Beyond moralsuation: the African experiences By aggrieved party By ombudsman – adoption Defiance as “contempt of Ombudsman” Through parliamentary accountability An embedded Judicial “Registrar”? As an act of “obstruction” – Prosecution
Alternative Pressure- Performance contracting- Register of unresponsive Officers- Name & shame list- Ineligibility to hold public office
Ombudsman & Court necessary & compliment each other
Ombudsman jurisdiction yet to be fully appreciated
Ideal to have stand alone Ombudsman All must educate the public & governments as
well.
