One-year delay in minor’s assault case ends after Ombudsman intervention

NAIROBI, Kenya, Aug 18 — A criminal case involving an assaulted minor that had stalled for more than a year has been fixed for mention following intervention by the Commission on Administrative Justice, the Office of the Ombudsman has said.

The case, which had been pending at the Mombasa Law Courts since June 2025 after the accused took a plea, had made no significant progress before the Commission stepped in following a complaint by the minor’s grandfather.

The Commission said it received the complaint on May 18, 2026, alleging that the Judiciary had failed to progress the case involving his grandchild.

According to the grandfather, the minor had been assaulted by the suspect, prompting the family to report the matter to police.

The accused was subsequently charged in Mombasa.

The grandfather told the Commission that the case had remained pending since the accused person took plea, with no progress reported for months.

The prolonged delay had also affected the minor’s education and wellbeing, with the grandfather stating that the child had missed school for approximately six months while undergoing trauma counselling and attending court mentions and adjourned hearings.

He further complained that the family was not consistently informed about mention and hearing dates.

The Commission referred the complaint to the Office of the Judiciary Ombudsman on May 20, 2026, seeking intervention and resolution of the delay.

In an email dated July 7, the Office of the Judiciary Ombudsman informed the Commission that the case had stalled after the trial magistrate who had been handling it was appointed as a judge.

The Judiciary Ombudsman further confirmed that the case had subsequently been fixed for mention on July 23, 2026, for further directions.

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

The Commission on Administrative Justice, commonly known as the Office of the Ombudsman, investigates complaints of maladministration and can intervene where members of the public experience delays, unfair treatment or other administrative failures in public institutions.

The case also highlights the impact that prolonged court delays can have on vulnerable complainants, particularly children involved in criminal proceedings.