3rd October 2016: In mid 2012, the Office of the Ombudsman has been given additional power of requesting the Supreme Court to reconsider and review judgments rendered at the last instance by ordinary courts, commercial and Military courts, if there is any persistence of injustice. The reconsideration and review are made in accordance with the Organic Law establishing the organization, functioning and competence of the Supreme Court and law determining the mission,powers,organization and functioning of the Office of the Ombudsman. Since 2012, the Office of the Ombudsman has received 5315 complaints related to judgment review and 3344 has been analyzed.
Among 3344 cases analyzed by the Office of the Ombudsman, 230 were sent to the Supreme Court for judgment review and for other 3114, no persistence of injustice were found. "Some of the Complainants have taken the Office of the Ombudsman as an institution of appeal hence the big number of complaints received about courts judgment review" said Deputy Ombudsman in charge of preventing and fighting injustice Kanzayire Bernadette when addressing over 80 lawyers in the workshop organized by the Office of the Ombudsman last year. " Most of the persons with a negative court verdict file a case at the Office as another appeal court." She added.
The aim of the workshop was to discuss with lawyers on how they can stop encouraging clients to file judgment for review at the Office of the Ombudsman when the complaints don’t comply with grounds stipulated by the law. The Office of the Ombudsman explained that reducing the number of complaints which don’t have grounds will decrease numbers of backlogs at the Office of the Ombudsman since no time will be wasted to such complaints and the complainants will dedicate their time and money to productive activities .
Lawyers in the workshop organized by the Office of the Ombudsman in 2015
The law stipulates that the review of a final decision due to injustice shall only be applied when there is unquestionable evidences of corruption, favoritism or nepotism that were relied upon in the judgment and that were unknown to the losing party during the course of the proceedings. The court judgment may also be reviewed when there are provisions and irrefutable evidence that the judge ignored in rendering the judgment when the judgment cannot be executed due to the drafting of its content.
Deputy Ombudsman Kanzayire Bernadette in the outreach program in Gisagara District
Apart from complaints related to judgment review, the Office of the Ombudsman receives and solve injustice complaints as the implementation of the mission of to act as a link between the citizen and public and private institutions.