REMARKS BY COMMISSIONER (DR) OTIENDE AMOLLO

DURING THE OPENING OF THE SECOND REGIONAL

COLLOQUIUM OF AFRICAN OMBUDSMAN AT THE SAFARI
PARK HOTEL ON 19TH FEBRUARY 2015
1. Hon. Anne Waiguru, Cabinet Secretary for Devolution and Planning, Kenya,
2. Hon. Justice Dr. Emmanuel Ugirashebuja, President of EACJ
3. Hon. Prof. Githu Muigai, Attorney General of the Republic of Kenya,
4. H.E. Nardos Bekele-Thomas, Resident Co-ordinator of the United Nations &
Resident Representative of UNDP,
5. Hon. Adv. John Walters, President of IOI & Ombudsman of Namibia,
6. Hon. Dr. Fozia Amin, President of AOMA & Ombudsman of Ethiopia,
7. Hon. Dr. Paulo Tjipilika, Immediate Former President of AOMA &
Ombudsman of Angola
8. Hon. Adv. Thuli Madonsela, Immediate Former Executive Secretary of AOMA
& the Public Protector of South Africa
9. Hon. Elisabet Fura, Chief Parliamentary Ombudsman of Sweden
10. Hon. Deborah Alima Traore Diallo, Ombudsman of Burkina Faso
11. Hon. Dr. Mohammed Rukara, 2nd Vice-President of AOMA & Ombudsman of
Burundi
12. Hon. Patricia Myriam Isimat-Mirin, Special Advisor,
Ombudsman of Cote DIvoire
13. Hon. Alfred Kaweza, Deputy Ombudsman of Zambia
14. Hon. Justice Tujilane Chizumila (Rtd), Ombudsman of Malawi
15. Hon. Edmond Kadoni Cowan, Ombudsman of Sierra Leone
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Office of the

16. Hon. Adv. Ahmed Eltigani Algaali, Ombudsman of Sudan

17. Hon. Arlene Brock, Former Ombudsman of Bermuda
18. Hon. Jose Abudo, Ombudsman of Mozambique
19. Hon. Souleiman Miyir Ali, Ombudsman of Djibouti
20. Hon. Festina Bakwena, Ombudsman of Botswana
21. Hon. Ousman Nyang, Deputy Ombudsman of the Gambia
22. Hon. Sabelo Masuku, Acting Commissioner, Swaziland Human Rights
Commission
23. Hon. Mohammed Essebar, Secretary General of the Moroccan NHRI
24. Hon. Barr Bala, Director of Investigations, Public Complaints Commission of
Nigeria
25. H.E. Ambassador of Finland to Kenya
26. Chairpersons and Members of Constitutional Commissions and Holders of
Independent Offices in Kenya
27. Distinguished Delegates,
Ladies and Gentlemen:
On behalf of the Commission on Administrative Justice, I am pleased to welcome
you to the Second Regional Colloquium for African Ombudsman Institutions. As
the Kenyan Office of the Ombudsman, we are particularly honoured by your
presence and support for the Colloquium. Looking across this Conference Hall, I
can see a constellation of distinguished guests and scholars from various parts of
Africa and beyond who have gathered to enrich the practice of ombudsmanship,
particularly on the continent. To say that we are honoured would be an
understatement. Your response and support have been overwhelming. This is
indeed a testament of your commitment to good administration and good
governance in Africa to propel the continent to her rightful place at the table of
nations. The wide representation at this Colloquium will undoubtedly make the

discussions not only exhilarating, but also proffer invaluable insights on best
practices on ombudsmanship.
Allow me to thank everybody for the support and co-operation in the
organization of this event. In particular, I wish to thank the Government of
Kenya and the United Nations Development Programme for their support that
has enabled us to actualize this goal. I also wish to thank the Commissioners and
staff of the Commission for their commitment and discipline that has enabled the
Commission to set the pace in matters of administrative justice and good
governance.

Ombudsman and Governance

Ladies and Gentlemen:
The Ombudsman institution is important instrument of accountability in public
administration. The world over, it is one of the fundamental watchdog
institutions that support good governance and democratic development. The
centrality of an Ombudsman is derived from the need to provide citizens with an
institution within the democratic framework which enjoys independence and
public confidence, and to whom citizens can have easy access for the redress of
their grievances. It is equally important that such system should be cheap,
accessible, expeditious, impartial, objective, independent and held in high
esteem.
According to the Human Development Report of 2002 on the theme Deepening
Democracy in a Fragmented World, the establishment of an Ombudsman is an
important step to making democracy effective and meaningful. The ombudsman
also contributes to strengthening public confidence in the government thereby
enhancing public administration. This, it achieves by striking at the root of
maladministration such as injustice, delay, negligence, unreasonableness,
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improper, discriminatory and unjust action, oppressive behaviour on the part of

the administration.
The presence of the Ombudsman has a tonic effect on public administration
simply because public officials are always careful that rules and regulations, if
applied wrongly, their decisions may be questioned. Due to this, the
Ombudsman has been described as an administrative doctor and auditorgeneral of human relations accounts. The growing faith in the Ombudsman as an
institution of accountability has seen global spread to over 150 countries in the
last 30 years, making it one of the fastest growing institutions in modern times.
The State of the Ombudsman in Africa
Ladies and Gentlemen:
Like other regions in the world, the Ombudsman is one of the pillars of
governance and democracy in Africa. This explains the reason why it has grown
exponentially to over 34 countries from its humble beginnings in Tanzania in
1967. In my view, this development is a testament of the premium placed on the
Ombudsman by African states, as an oversight institution, capable of
transforming public administration.

One of the striking features of the Ombudsman in Africa is the modification of

the institution from its classical model to suit the circumstances of the particular
countries. This took the form of creating institutions with multiple competencies
with extensive powers that were hitherto unknown to the Ombudsman. A
number of Ombudsmen in Africa presently have enhanced investigative powers,
and adjudicative powers, and offer any remedies, including compensation.
Although I am aware of that the adaptation in Africa has changed the character
of the classical Ombudsman, I hasten to add that such modification was
necessary in the context of the various African countries.
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Ladies and Gentlemen:

While such development has been celebrated, the growth and presence of the
Ombudsman in a number of African countries has not been felt. Few countries
have been able to tackle the central challenges facing the institution, ranging from
their anchorage to operational effectiveness. In my respectful view, this situation
is historical. The post-independence African state deemed good governance as a
barrier to development which was the primary focus. However, this approach
fundamentally changed in the 1990s with the realisation that the two were
intertwined. Despite the foregoing, it is my position that many African countries
are yet to develop the culture of respect for the rule of law, a culture where no
action is taken in the absence of penal consequences. In that environment,
moralsuation cannot work; only the threat of or coercion works. If court orders
are ignored, how much would a recommendation by the Ombudsman achieve?
Worse still, implementation through parliamentary reporting has been
disappointing due to the politicization of the work of the ombudsman and lack
of sufficient scrutiny of the reports.

The ombudsman in Africa continuously find themselves in contradictory

situations where they are expected to be the peoples defenders or watchmen
against bad administration while at the same time bestowed with soft powers
for operation. How can the Ombudsman fight puffery in government and
investigate high profile systemic issues and merely make recommendations? It is
my opinion that the ombudsman in Africa must have more than mere
recommendatory powers for it to be effective. The Ombudsman must not be
made to rely or depend on other instrumentalities of government in the
discharge of its functions. It would be preposterous to expect the ombudsman to
deliver on its mandate and gain the trust of the public while it has been rendered
ineffective or allowed to become a constitutional or statutory eunuch or toothless
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bulldog. I am well aware of the characteristics of the classical Ombudsman, but

posit that such model can no longer suffice, if the Ombudsman is to be relevant
in Africa.

Second Regional Colloquium of African Ombudsmen

Ladies and Gentlemen:
This is the second time we are holding the Regional Colloquium of African
Ombudsman Institutions, the inaugural one having been held in September 2013
in Nairobi, Kenya. The Colloquium has provided a platform for benchmarking on
the operations of the Ombudsman in Africa. This provides a source of inspiration
and support to each of us as we share ideas and experiences.

I hasten to add that while the inaugural Colloquium focused on the placement of
the Ombudsman in the governance structures within various African countries,
the Second Colloquium seeks to discuss ways of strengthening the institution to
respond to the unique needs and circumstances of Africa. This is aptly captured
in the theme of the present Conference Securing the Ombudsman as an Instrument
of Governance in Africa which speaks to the contemporary issues facing the
Ombudsman in Africa. This, it seeks to achieve through an exquite analysis of the
role of the Ombudsman in Governance, Emerging Lessons in Investigations,
Ombudsman and the Courts and Enforcement of the Decisions of the
Ombudsman. These topics will serve to prompt us to re-evaluate our positions
and take appropriate action.

In this regard, the Colloquium will seek to answer the following questions:
i) What is the relevance of the Ombudsman in Africas governance process?

ii) As a watchdog institution, how effective has the Ombudsman been in

executing its mandate in Africa?
iii) What strategies have we adopted to secure the implementation of our
recommendations and decisions?
iv) What is the relationship between the Ombudsman and the Court? How
has this played out in practice?
I have posed these questions as a way of preparing us for the various topics of the
Colloquium, which were carefully indentified for a discourse on various topical
issues on Ombudsmanship.
I wish to reiterate that the adoption of the Ombudsman in Africa must be
meaningful, and not merely salutary. Let us remember that service delivery and
governance in Africa will never be enhanced without oversight institutions, and
the Ombudsman as one of the oldest oversight institutions, must be given the
pride of place in Africas governance arena. In this regard, I invite you to have a
robust discussion of the issues relating to the above topics and share your wide
experiences on ombudsmanship.
Thank you and may God bless you.
DR. OTIENDE AMOLLO, EBS
CHAIRPERSON OF THE COMMISSION ON
ADMINISTRATIVE JUSTICE (OFFICE OF THE OMBUDSMAN) - KENYA