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.