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