OMBUDSMAN
Origin of the ombudsman
The word Ombudsman originated in Sweden in the early 1800s, literally meaning ‘commission
man’ in reference to the office of the Justitieombudsmannen as an office or public official to
receive grievances from the citizenry against the government and the bureaucracy of the
government. That classic form of an ombudsman had subpoena powers and was empowered to
do investigations, render decisions and issue findings although it never had the ability to overturn
decisions by the government.
The success of the ombudsman in Sweden led to the establishment of similar institutions across
the world with Finland adopting it in 1919, Norway in 1952, Denmark in 1953, New Zealand in
1962, Guyana in 1966, the United Kingdom in 1967 and Tanzania in 1968. Currently there are
more than 150 ombudsmen institutions in the world.
It is important to note that the ombudsman institution has been changing and adapting to the
needs of various countries as it has been transplanted to the different jurisdictions. The South
African, Kenyan and Gambian ombudsmen are empowered to ‘take remedial action’ not just
advise or recommend, and the Gambian ombudsman decisions have the status of a court
decision.
The report of the African Ombudsmen Conference held in September 2013 observes that:
“In relation to the concept of the Ombudsman, it was noted that the institution had
evolved both quantitatively and qualitatively, from the traditional institution dealing with
maladministration and making only recommendations, to one with a broader mandate and
coercive powers. This was noted to have taken place in Africa in the last three decades,
occasioned by the continent’s unique circumstances.”
Ombudsman in Kenya: The Commission on Administrative Justice (CAJ)
In Kenya, the need for an ombudsman was first officially recognized in 1971 by the Commission
of Inquiry into the Public Service Structure Remuneration Commission, commonly known as the
Ndegwa Commission, which recommended that an office be established to deal with
maladministration in the public service. The commission recommended the establishment of an
ombudsman to deal with the negative effects of allowing civil servants to engage in business. It
had proposed that civil servants be allowed to engage in business subject to certain conditions,
1|Page
, one of which was the establishment of an ombudsman. Over the years there was sustained
advocacy for the
Rationale for CAJ
In a constitutional democracy such as Kenya, the society expresses its vision, aspirations and
goals through the Constitution and the government is deemed to have entered a social contract
with the society to pursue and achieve them. In the preamble to the Constitution, Kenyans
express their aspirations ‘for a government based on the essential values of human rights,
equality, freedom, democracy, social justice and the rule of law’.
The Constitution of Kenya, 2010 provides that sovereign power belongs to the people and can
only be exercised in accordance with the Constitution[Art.1(1)] .The people can exercise
sovereign power either directly or through their democratically elected representatives [Art.1(2)].
The people through the Constitution have, however, delegated their sovereign power to the three
arms of government [Art.1 (3)].
The Constitution has set out guidelines on the conduct of public and state officers and for the
standards of service expected from the public service in Art.10 (values and principles of
governance), Art.232 (the public service values and principles) and Chapter 6 (leadership and
integrity).
The following laws have also been enacted to elaborate on the expected conduct and the
standards of public service:
a. The Public Officers Ethics Act,
b. The Leadership and Integrity Act and
c. The Public Service (Values and Principles) Act.
The Constitution has also established independent commissions and offices to ensure that the
power delegated to government is exercised in accordance with the Constitution’s values, objects
and purposes. The objects of the commissions and the independent offices are to protect the
sovereignty of the people, secure the observance of democratic values and principles by all state
organs, and promote constitutionalism (Art. 149). The commissions are given specific mandates
to support the work of the government, amongst them providing oversight and checks against
any abuse of power. The Commission on Administrative Justice, popularly known as the
Ombudsman, is one of the constitutional commissions.
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Origin of the ombudsman
The word Ombudsman originated in Sweden in the early 1800s, literally meaning ‘commission
man’ in reference to the office of the Justitieombudsmannen as an office or public official to
receive grievances from the citizenry against the government and the bureaucracy of the
government. That classic form of an ombudsman had subpoena powers and was empowered to
do investigations, render decisions and issue findings although it never had the ability to overturn
decisions by the government.
The success of the ombudsman in Sweden led to the establishment of similar institutions across
the world with Finland adopting it in 1919, Norway in 1952, Denmark in 1953, New Zealand in
1962, Guyana in 1966, the United Kingdom in 1967 and Tanzania in 1968. Currently there are
more than 150 ombudsmen institutions in the world.
It is important to note that the ombudsman institution has been changing and adapting to the
needs of various countries as it has been transplanted to the different jurisdictions. The South
African, Kenyan and Gambian ombudsmen are empowered to ‘take remedial action’ not just
advise or recommend, and the Gambian ombudsman decisions have the status of a court
decision.
The report of the African Ombudsmen Conference held in September 2013 observes that:
“In relation to the concept of the Ombudsman, it was noted that the institution had
evolved both quantitatively and qualitatively, from the traditional institution dealing with
maladministration and making only recommendations, to one with a broader mandate and
coercive powers. This was noted to have taken place in Africa in the last three decades,
occasioned by the continent’s unique circumstances.”
Ombudsman in Kenya: The Commission on Administrative Justice (CAJ)
In Kenya, the need for an ombudsman was first officially recognized in 1971 by the Commission
of Inquiry into the Public Service Structure Remuneration Commission, commonly known as the
Ndegwa Commission, which recommended that an office be established to deal with
maladministration in the public service. The commission recommended the establishment of an
ombudsman to deal with the negative effects of allowing civil servants to engage in business. It
had proposed that civil servants be allowed to engage in business subject to certain conditions,
1|Page
, one of which was the establishment of an ombudsman. Over the years there was sustained
advocacy for the
Rationale for CAJ
In a constitutional democracy such as Kenya, the society expresses its vision, aspirations and
goals through the Constitution and the government is deemed to have entered a social contract
with the society to pursue and achieve them. In the preamble to the Constitution, Kenyans
express their aspirations ‘for a government based on the essential values of human rights,
equality, freedom, democracy, social justice and the rule of law’.
The Constitution of Kenya, 2010 provides that sovereign power belongs to the people and can
only be exercised in accordance with the Constitution[Art.1(1)] .The people can exercise
sovereign power either directly or through their democratically elected representatives [Art.1(2)].
The people through the Constitution have, however, delegated their sovereign power to the three
arms of government [Art.1 (3)].
The Constitution has set out guidelines on the conduct of public and state officers and for the
standards of service expected from the public service in Art.10 (values and principles of
governance), Art.232 (the public service values and principles) and Chapter 6 (leadership and
integrity).
The following laws have also been enacted to elaborate on the expected conduct and the
standards of public service:
a. The Public Officers Ethics Act,
b. The Leadership and Integrity Act and
c. The Public Service (Values and Principles) Act.
The Constitution has also established independent commissions and offices to ensure that the
power delegated to government is exercised in accordance with the Constitution’s values, objects
and purposes. The objects of the commissions and the independent offices are to protect the
sovereignty of the people, secure the observance of democratic values and principles by all state
organs, and promote constitutionalism (Art. 149). The commissions are given specific mandates
to support the work of the government, amongst them providing oversight and checks against
any abuse of power. The Commission on Administrative Justice, popularly known as the
Ombudsman, is one of the constitutional commissions.
2|Page
