Mombasa Law Courts: Kenya's Ombudsman Intervenes in Stalled Minor Assault Case

• A minor assault case stalled for over a year has finally made progress after intervention by the Commission on Administrative Justice.
• The Office of the Judiciary Ombudsman was informed that the trial magistrate handling the case had been appointed as a judge, leading to the delay.
• The intervention highlights the impact of prolonged court delays on vulnerable complainants and underscores the importance of the Office's role in resolving administrative failures.

The intervention brought an end to the period of uncertainty surrounding the case and enabled the matter to return to the court process.

A minor assault case that had been pending at the Mombasa Law Courts for over a year has finally made progress after intervention by the Commission on Administrative Justice, also known as the Office of the Ombudsman. The case had stalled despite the accused taking a plea in June 2025, with no significant progress reported before the Commission stepped in following a complaint from the minor's grandfather. According to the grandfather, the minor was assaulted by the suspect and subsequently charged in Mombasa. However, the family experienced prolonged delays, which affected the minor's education and wellbeing, causing them to miss school for approximately six months while undergoing trauma counselling and attending court mentions and adjourned hearings.

The Commission on Administrative Justice has the power to investigate complaints of maladministration and intervene in cases where members of the public experience delays, unfair treatment or other administrative failures in public institutions. In this case, the Office of the Judiciary Ombudsman was informed by the Commission that the trial magistrate handling the case had been appointed as a judge, leading to the case being stalled. The Ombudsman confirmed that the case had subsequently been fixed for mention on July 23, 2026, for further directions. This intervention highlights the role of the Office of the Judiciary Ombudsman in resolving administrative failures and ensuring that justice is served.

The case also underscores the impact of prolonged court delays on vulnerable complainants, particularly children involved in criminal proceedings. The minor's family experienced significant distress due to the lack of progress in the case, which was further exacerbated by the uncertainty surrounding the court process. The intervention by the Office of the Judiciary Ombudsman brought an end to this period of uncertainty and enabled the matter to return to the court process. This highlights the importance of the Office's role in resolving administrative failures and ensuring that justice is served.

Lawyers should be aware of the Office of the Ombudsman's power to intervene in administrative failures, including prolonged court delays, and advise clients accordingly.

Source: Original reporting via Capital FM