Commission on Administrative Justice ( the Office of the Ombudsman)

THE COMMISSION ON ADMINISTRATIVE

JUSTICE ANNUAL REPORT 2013

Annual Report 2013 © The Commission on Administrative Justice ( The Office of the Ombudsman)

West End Towers, 2nd Floor, Waiyaki Way P.O. Box 20414 - 00200, Nairobi Tel: 020-2270000/020-2303000/020----263765 Email: info@ ombudsman.go.ke (for general inquiries) [email protected] (for complaints) Website: www.ombudsman.go.ke

Annual Report 2013 No. 15/2014 ii THE COMMISSION ON ADMINISTRATIVE JUSTICE ACKLING MALADMINISTRATION INTHEPUBLICSECTOR 2.0 5 3 1.0 EXECUTIVE SUMMARY FOREWORD...... STATEMENT FROMTHECHAIRPERSON ABBREVIATIONS ANDACRONYMS ...... Table ofContents .7 .6 .5 .4 .3 .2 .1 3 5.0 .2 .1 4.0 .10 .9 3.0 .8 .7 .6 .5 .4 .3 .2 .1

2 2 2 2 2 T 1.9 1.8 1.7 1.6 1. 1.4 1. 1.2 1.1 HIST 5 5 5 5 5 5 5 THE PUBLICSECT PROMO 4. 4.2 4.1 PUBLIC AWARENESS ANDADVOCACY 3 3 BUILDING COMPLAINTSHANDLINGCAP 2 2 2 2 2

ORY, MANDATE ANDSTRUCTURE CA INTER CA C INTR THE L VI S MAND E H THE R O INTR ELE P LE P AD AND GOODGO R INTR MED OUTRE INTR B INTR UNRE S S S CA UBLIC INTEREST LITIGATION...... ROMOTION OFALTERNATIVE DISPUTE RESOLUTION METHODS...... STABLISHMENT OFTHECOMMISSION...... YSTEMIC INVESTIGATION ANDRESEARCH...... AMPLE LETTERS OFAPPRECIATION...... TRUCTURE OFCOMMISSION...... OLE OFTHECOMMISSION INCONSTITUTIONALISM UCCESS STORIES ANDSAMPLE CASES HANDLED...... UILDING ANDSTRENGTHENINGUILDING COMPLAINTS CAPACITY... HANDLING MLIT HANDLING...... OMPLAINTS ISTORY OFTHEOMBUDSMAN INKENYA...... MBUDSMAN: HISTORICAL CONCEPT...... SION, MISSION ANDCORE VALUES...... ADERSHIP AND INTEGRITY...... TING CONSTITUTIONALISMANDGOODGOVERNANCE IN VISORY OPINIONS ANDRECOMMENDATIONS...... SES FROM CENTRE...... HUDUMA SES FROM OFFICES...... THEBRANCH SES INPERSPECTIVE...... HANDLED CTION MONITORING ANDOBSERVATION...... ODUCTION...... ODUCTION...... ODUCTION...... ODUCTION...... ODUCTION...... IA EDUCATION ANDADVOCACY...... OGO OFTHECOMMISSION...... SPONSIVE ANDMALFEASANT PUBLIC OFFICERS...... ISE OFTHEAFRICAN OMBUDSMAN INSTITUTION...... GRATED PUBLIC COMPLAINTS MECHANISM...... REFERRAL ATE OFTHECOMMISSION...... ACH ACTIVITIES...... OR ...... VERNANCE...... ACITY INTHEPUBLICSECTOR

......

....66

.21 .6

viii

19 12

4 5

6 8 8 2 7 7 7 7

8 8 7 19

7 6

6 vi ix

9 7 7 8 6 3 2 1 9 9 7 6 6 9 2 2 4 6 3 2 4 4

2 9 9

6 2

1 1

iii THE COMMISSION ON ADMINISTRATIVE JUSTICE iv THE COMMISSION ON ADMINISTRATIVE JUSTICE ANNEX 2:CAJREGULATIONS, 2013...... ANNEX 1:CAJFINANCIALSTATEMENT...... 7 .6 8.0 .5 .4 .3 .2 .1 .12 .11 7.0 .10 .9 .8 .7 .6 .5 .4 .3 .2 .1 ARTNERSHIPS, COLLABORATIONS ANDLINKAGES 6.0

8.2 8.1 CHALLENGES ANDW 7 7 7 7 7 7 7 INSTITUTIONAL CAP 6 6 6 6 6 6 6 6 6 6 6 6 P

OMBUDSMAN INSTITUTIONS...... L CHALLENGE FIN ICT S P HUMAN RE THE C INTR INTER S RE ENG AND JOINTA MEM BENCHMARK SHAP P N AND IND ANNU AND HOLD F INTR OOKING AHEAD: 2014ANDBEYOND...... ARTICIPATION INLEGISLATIVE DRAFTING ANDREVIEW...... ORUM OFCHAIRPERSONS OFCONSTITUTIONAL COMMISSIONS YIA INFRASTRUCTURE...... HYSICAL TRATEGIC FRAMEWORK...... TRATEGIC MEETINGS ANDCOURTESY CALLS...... ATIONAL COUNCIL FOR THEADMINISTRATION OFJUSTICE...... GIONAL COLLOQUIUM OFAFRICAN OMBUDSMEN...... 96 NIL RESOURCES...... ANCIAL INFRASTRUCTURE...... ODUCTION...... ODUCTION...... AGEMENT WITH REGIONAL ANDINTERNATIONAL ORANDA OFUNDERSTANDING WITH OTHER INSTITUTIONS ING THEGOVERNANCE ANDPUBLIC ADMINISTRATION AGENDA... GRATED PUBLIC COMPLAINTS MECHANISM...... 98 REFERRAL OMMISSION ONADMINISTRATIVE JUSTICE REGULATIONS 2013.....99 AL CONFERENCE OFCONSTITUTIONAL COMMISSIONS EPENDENT OFFICES...... ERS OFINDEPENDENT OFFICES...... SOURCE CAPACITY...... S...... ING WITH OMBUDSMAN INSTITUTIONS...... CTIVITIES...... 94 ACITY BUILDINGANDDEVELOPMENT AY FORWARD ......

......

127 107

104 100 10

101

90 99

9 9 9 9 9 9 9 9 9 9

9 9 9 5 5 8 3 3 2 2 0 0 4 4 2 2 IPCRM IOI IEC IEBC ICT EACC DPP CAJ ASK AORC AOMA ABBREVIATIONS ANDACRONYMS UNDP TSC PCSC NLC NCIC NCAJ MOU MDA KRA KNCHR KIE KICD JSC

Nati Me M K K K K J In In Inf Indepe Inf Ethi Dir C A A A U T P Nati Nati udicial Service Commission eachers Service Commission ublic Complaints Standing Committee enya Revenue Authority enya National Commission on HumanRights enya Institute of Education enya Institute of Curriculum Development nited Nations Development Programme frican OmbudsmanResearch Centre frican OmbudsmanandMediators Association gricultural Society of Kenya ommission on Administrative Justice tegrated Public Complaints Referral Mechanism ternational OmbudsmanInstitute inistries, andAgencies Departments ormation, Education andCommunication ormation, Communication andTechnology ector of Public Prosecutions morandum of Understanding cs andAnti-Corruption Commission onal Land Commission onal Cohesion and Integration Commission onal Council for theAdministration of Justice ndent Electoral andBoundaries Commission

v THE COMMISSION ON ADMINISTRATIVE JUSTICE vi THE COMMISSION ON ADMINISTRATIVE JUSTICE complaints andcontacts handled by theCommission inthereportingperiod which rose The impact of these activities ismanifested intheexponential increment inthenumber of Ombudsman inAfrica. the effectivenessworkof and the ofdiscussed quality waysenriching that the of 2013 held the first ever Regional Colloquium of African Ombudsmen in Nairobi in September ResearchOmbudsman Centre.of thisengagement, Aspart theCommission successfully in activities of theAfrican OmbudsmanandMediators Association andtheAfrican throughsuccessful admission toInternational the Institute,Ombudsman participationand Institutions on matters of administrativejustice governance.good and This was achieved At theinternational level, theCommission powerfully engaged with Ombudsman Westlands, andalso establish two branch in offices inMombasa and Kisumu.office accessible Office more (formerly and independent President an to Deputy relocating by Minister) the Prime the of of Office the from delink to it enabled which of staff to strengthen theSecretariat andalso enhanced theinfrastructure development In order to enhancecapacity, its Commissionthe successfullyrecruited secondthe batch sector through mediation, negotiation andconciliation. the Commission adopted arobust approach to resolution of complaints inthepublic Commission andenabletoit implementvarious aspectsof mandate. its Pursuantto this, its Regulations inaccordance with section 56 of theAct to fully operationalise the Commissionthe fromto2013 2016.Similarly, Commissionthe developedgazettedand first Strategic Framework its which developed outlines thekey priority Commission areas, strategies andactivities the for particular, In institutions. other with collaboration through institutional strengthening, enhancement of complaints management and Commission made great strides in discharging itsmandate. This was mainly achieved the period when the Commission.was It the period for defining a was 2013 yearThe and unresponsive conduct by public institutions andpublic officers. discourtesy, misbehaviour, incompetence, ineptitude, manifest injustice, unfair treatment this end, theCommission investigates instances of abuse of power, unreasonable delay, delivery through effective complaints handlinganddispute resolution inKenya. Towards service public efficient and governance good promotemaladministration, of forms all Article 59(4) of theConstitution. The primary mandate of theCommission isto address anindependent is Ombudsman, the Commission established by theCommission of on Administrative Justice Act, Office pursuant to the as known also Commission, The between andDecember 2012. January issuedunder my stewardshipof theCommission, andcoversmonths’ the12 period Commission on Administrative Justice Act,This 2011. istheSecond Annual Report Administrative Justice inlinewith Article 254 of theConstitution andSection 53 of the I have thepleasure to oncepresent again theAnnual Report of theCommission on STATEMENT FROM THECHAIRPERSON in theCountry. Commission in its endeavour to create responsiveness the with and servant partner hood to in Kenyans public all therefore,offices Office.”urge I, Public in impunity fight “we that stating simply by mandate our explaining of version simplified a adopt to chosen nichea asadvocate the defenderand ofpublic. the weAs move forward, we have Evidently, theCommission has lived Mnyonge itsslogan‘Hata anaHaki’ by curving governments andother stakeholders and methods,awareness creation throughoutreach programmespartnership and with county public sector reforms through complaints handling, use of alternative disputes resolution of enhancement partners, and efficiency, donors resources from increased sourcing of Part of these strategies includelow theleverage on technology to increase accessibility and framework, statutory Commission has adopted anumber of strategies aimedatovercoming thechallenges. insufficient countrywide, staff capacity inthepublic andimpunity sector. The presence foregoing notwithstanding, the limited constraints, challenges intheexecution of itsmandate. Some of thechallenges included budgetary In spite of theforegoing, theCommission encountered institutional andoperational and responsiveness from public institutions andofficers. rightthe to public good administration demandingis and transparency, accountability delivery andgoodgovernance. The citizenry isnow more thanever before aware of activities have created unprecedented consciousness inthepublic sector on service and contacts rose from 34 percentto in2012 62 percent in2013. Inaddition, the from 4,062 in2012to 18,257 in2013. Similarly, therate of resolution of complaints CHAIRPERSON OFTHECOMMISSION CMMR. OTIENDE AMOLLO, EBS

vii THE COMMISSION ON ADMINISTRATIVE JUSTICE viii THE COMMISSION ON ADMINISTRATIVE JUSTICE values andprinciples. other stakeholders in enforcing administrative justice andpromoting constitutional is committedto realizing itsvision andmission, andcontinuously collaborate with enabled that support the Commission to actualizemandate. its The Commission Government and theUnited Nations Development Programme for thebudgetary various stakeholders during thereportingperiod. Inparticular, Iwish tothe thank and goodgovernance. Similarly, I wish to acknowledge provided thesupport by that enabled theCommission to set thepaceinmatters of administrative justice I wish tothe Commissioners thank andstaff for their commitmentand discipline teamwork of theSecretariat. continuedto providestrategic directionleadership, and commitmentthe and and possiblewithout the unrelenting guidanceand support of Commissioners the who of goodgovernance andconstitutionalism. The progress would not have been focused andinnovative approaches to complaints management andpromotion achieved through strengthening of theSecretariat, infrastructure development, and foundation which enabled itto make tremendous progress. This was mainly In order to effectively discharge itsmandate, theCommission laid asound with stakeholders. of themandate of theCommission andhighlights opportunities for collaboration forward. Further, theReport documents theprogress madeintheimplementation of theCommission during theyearachievements,2013, challengesthe way and moment intheadministrative justice landscape inKenya. Itdetailsthe activities defining a marks Report presentationthe Theinception.of since Report Annual The Commission on Administrative Justice isdelighted to present itsSecond FOREWORD COMMISSION SECRETARY LEONARD NGALUMA public complaints referral mechanism involving six oversight institutions. such asCentre theHuduma spaces andSema Piga Ripotinewinitiative, anelectronic-basedof availability integrated and visits; county the as such Kisumu; programmes and outreach Mombasa in offices branch of opening by occasioned public, the with The increase inthenumber of complaints isalso attributable to increased interactions National Government performance contracting process. of factors including enhanced visibility andstrengthened role of theCommission inthe The increase in the number of cases reportedis attributable in2013 to acombination the Judiciary (7.43%). (9.8%), Ministryof Interior andCo-ordination of National Government ((9.18%), and National Police Service (12.82%), Ministry of Lands, Housing andUrban Development percent.With respectto institutions,most of complaints the were directedagainst the injusticepercent,14.2 at unfairtreatment 12.9 at percent andabuse of power10.9 at are unresponsive official conduct at 21.2 percent, delay at 17.9 percent, administrative The prominent service issues in thenew complaints received during thereporting period obligation. under period Commissionthe those and under handled Commission’s the performancecontracting the During efficiency. review, and theCommissiontotala handled of 18,257complaints directly– lodged with accountability responsiveness, fairness, to address maladministration withofaim the nurturingpublica service upholdsthat Complaints handlingremains one of themainstrategies theCommission employs The Commission has adopted systemic investigations as akey approach of enhancing negotiation where appropriate. judicialmandate towith deal maladministration through conciliation,mediation and oppressive, unfair or unresponsive official conduct. Further, the Commission has a quasi- and complaints of abuse of power, unfair treatment, manifest injustice or unlawful, affairs or any act or omission inpublic administration inany sphere of Government, The Commission is empowered to, among other things, investigate any conduct instate Fifteen of theConstitution. Act,It has2011. thestatuspowers and ofCommission a establishedunder Chapter under Article 59 (4) of theConstitution andtheCommission on Administrative Justice the Ombudsman)sinceestablishment inNovember The2011. Commission is established Thissecondthe Annualis Report ofCommission the Administrativeon Justice (Office of EXECUTIVE SUMMARY ii. i.

Complaints Handling Tackling MaladministrationinthePublicSector Investigations

ix THE COMMISSION ON ADMINISTRATIVE JUSTICE x THE COMMISSION ON ADMINISTRATIVE JUSTICE which included thefollowing: officers public and institutions public unresponsivenessof determining for parameters responsiveness and effectiveness inthepublic sector.’ The Commission developed sanctioning unresponsive public officers under the of strategy Strategic its with Objective line in is One which officers, publicof and institutionsunresponsive public‘enhancing In order to address these concerns, theCommission establisheda citation register for lodged. complaints of resolution in delays undue to resulting unresponsiveofficers, of In thecourse of implementing itsmandate, theCommission encountered many cases decentralised to thedivisional levels insome counties to enhance accessibility. shop for dealingwith theDepartments theissuance of vital documents, which could be and passports. Further, theCommission recommended theestablishment of aone-stop of non-registration andirregular or illegalissuance of other vital documents such as IDs instances minimise to certificates of issuance and births ofregistration mandatory the of enforcement strict recommended also Commission efficiency. The and accessibility networking andinter-linkages thereby decentralizing theservices andenhancing irregularor multipleissuance of vitaldocuments. This wouldalso create inter-departmental of theIntegrated Population Registration System to minimise thepossibilities of fraud and facilities,and equipmentacquisitionincludingofimplementation full Departments, and The recommendations made included proposals for improvement of infrastructure inthe key officers. by absenteeism and located, are offices the wheretowns the to transport of lack and handling mechanisms, inaccessibility of the offices in some counties due to their vastness issuance of thedocuments. issues Other included weak andineffective complaints- and processing timely the affects turn in whichdocuments, vital forrequirements and offices including delays, corruption, lack of awareness about the application procedures The investigation revealeda range of issuesaffect that service delivery intheconcerned which plays akey role intheprocess of issuing vital documents. of Immigration Services. The investigation also involved theProvincial Administration, by of theDepartment Civil Registration, National Registration Bureau andtheDepartment number of complaintsbylodged members ofpublic the on issuance the of documents the and cards identity national citizenship.investigation and the undertakesignificant to the wasbynecessitatedneed The passes, permits, passports, certificates, death and investigations into thesystemic issues inherent intheissuance of vital documents –birth redress mechanisms to improve service delivery. Notably, theCommission conducted servicedelivery, with ofthe aim identifyingunderlyingthe weaknesses recommending and inherent inthestructure, system, procedures andprocesses inaninstitution thataffect responsiveness andaccountability inthepublic sector. This relates to issues thatare • • iii.

Blatant refusal to acceptthejurisdiction of theCommission Failure to respond to inquiries by theCommission on complaints Citation Register forUnresponsiveandMalfeasantPublicOfficers build client loyalty, andhave provided abasis for evaluating service delivery. cometo appreciate complaintsas animportantform of feedbackenablesthat themto directly with the concerned institutions and get timely remedies. Public officers have also mechanisms. Asaresult, members of thepublic are now able tocomplaints lodge number of institutions now have workingcomplaints handlingstructures andfeedback institutions inestablishinginternal mechanisms for handlingcomplaints. Through this, a During thereportingperiod, theCommission provided technical to support public requirements andwere, therefore, not issued with compliance certificates. levels of compliance. 140 institutions failedto comply with Commissionon their theindicator based certified and assessed subsequently were which complaints-handling, institutions.totalA of225 public institutions theirall foursubmitted quarterly reports on The Commission also developed new guidelines for assessment andranking of public Act. Inthisrespect, theCommission trained 2,267 public officers. and strengtheningbuilding complaints-handling capacity inlinewith Section 8(e)of the Being animportant stakeholder inpublic service delivery, theCommission continued lodged. led to increased levels of awareness on thefunctions of theCommission andcomplaints therethat would greaterbe efficiency, courtesy accountability. and These engagements and behavioural attitudinal change inboth thecitizenry and public servants to theend knowledge.The objectivewas toharness power the of interactivemedia to promote for instance, launched itssocial network platform with aview to generating andshare also leveraged on the media to advance education and advocacy. The Commission, Ombudsman to– andAgricultural thepeople Society of Kenya Show. The Commission the of Office the takes that initiative an – visits county include Thesecounties. the into awareness on the mandate of the Commission, and lack of adequate the mandate of the Commission,resources andto address the challenge of accessibility,to limited devolve The Commission scaledup outreach programmesto in2013 enhance awareness on • • • • iv.

respect of whom no appeal has been successfully lodgedor determined. Public officers determined by the court to have been guilty of abuse of office and in Failure to respect summonses issued by theCommission after due themselves conducted improperly investigations by theCommissionto have determined officers Public reasonable cause Failure to implement any determination or Report of theCommission without any Building ComplaintsHandlingCapacityinthePublicSector Public AwarenessandAdvocacy

xi THE COMMISSION ON ADMINISTRATIVE JUSTICE xii THE COMMISSION ON ADMINISTRATIVE JUSTICE face anumber of challenges thataffect itswork invarying degrees. Despite the milestones realised under thereporting period, theCommission continues to and Commissions Constitutional organised andhosted inNairobi inSeptember 2013. for Conference Annual Independent Offices, and a regional colloquium of Offices, African Ombudsmen the Commission Independent of which included the Forum of Chairpersons of ConstitutionHolders andCommissions review, the Commission participated number a in activitiesof under period the During topical issues relatingadministrative to justice. conferences, workshops, seminars and meetings, presented and various on papers of number a in participated governance. good and Through Commissionthe this, with and international local institutionspromote to partnerships administrative justice network capacityand expandits its order base, enhance In to Commission the cultivated parties or candidates. officers in politicalactivities of public conditioning and of publicservices on pledges to voteinvolvement for certain offices, as such facilities public of use equipment, and candidates. More specifically, the monitoring focused on use of public vehicles, aircrafts in theelectioneering process, particularly on the campaigns by politicalparties and observation ofGeneral the2013 Elections, which focused on theuse of public resources One key activity theCommission implemented inthis respect isthemonitoring and and serving police officers. officers. The Commission, for instance, played a role in vetting of undertooka number judges of activities and to promote ethicalleadership magistrates,integrity and by public In linewithcomplementaryits role inrelation to leadership andintegrity, theCommission Commission’s position was upheld. the attendant Rules 17, 41,42 and43 of theSupreme Court Rules,in which 2011 the impugn theconstitutionality of Sections 14, 16and23 of theSupreme Court Act, and 284 of 2012, Commission on Administrative Justice vs. Attorney-General publicin interest litigation matters,key among them,petitiona ( advisory opinions on various matters relating to administrative justice, andwas involved methods, andelections monitoring andobservation. The Commission issuedeight which included advisory opinions and recommendations, alternative dispute-resolution The Commission employed amulti-faceted approach focusing on anumber of strategies, Failure of institutions and public officers to respond to inquiries by the Commission by inquiries to respond to officers public and institutions of Failure vii. vi. i). B.

CHALLENGES Partnerships, Collaborations andLinkages Sector Promoting ConstitutionalismandGoodGovernance in thePublic Impunity NairobiPetition No. ) seeking to overseer of responsiveness and servant-hood in public offices in Kenya. In the year In Kenya. in offices public in servant-hood and responsiveness of overseer The Commission will continue to execute itsmandate as itseeks to become aneffective 31percent was meant to for carter operations 2013/2014 fiscal year, it only got an allocation of 274 million shillings. Under this only In spite of the fact thattheCommission hadbudgeted for 438 million shillings inthe for the Commission’s demand services. the increased with cope to low too was level staffing the activities, and Commission’s the for inadequate was outlay financial Theservices. capacity which overstretched isgetting by theincreasing number of peopleseeking its institutionalquestionof forethe the to bringsallocation.This budgetary increasein an the entire public service. The increase inthenumber of complaints has not resulted to The administrative oversight function of theCommission isbroad andencompasses without unduedelays, thisfactor continues to affect theresolution rate. the public officers. of Whereas the Commission strives one to inquire about is and resolve complaints This complaints. of manifestations of inthepublic impunity resolution service,towards andtheattitude reforms quick by to obstacles biggest the remains penal sanctions against the specific state or public officers. This will improve public will improve This service delivery andredress malfeasance officers. inpublic offices. public or state specific the against sanctions penal the Commission. Non-compliance with thedecisions of theCommission ought to attract satisfactory, but insufficient in terms of framework enforcement is legal present of the The findings same. and determinations the of with deal to sufficient be frameworkshould Considering thelevel of inthecountry, impunity is desirable it andlogicalthe legal that iv). the history of our nation lest thepublic becomes indifferent andeventually disillusioned. effort ismustered to ensure public sector reforms are realised during thisreform phase in access services of theCommission as guaranteed by law. Further, itisnecessary thatall be fully realised. The Government needsto allocate more resources to ensure allKenyans - thecustodianthe Ombudsman of thecitizens’ right to administrative justice –needto notwithstanding constraints. thebudgetary Itisimportant to note thatease of access of Office withnovelupthe ways ofcomeenhancing Commissionaccessibility Theofhas and Mombasa inaddition to itsoffices inNairobi. Kisumu in offices branchtwowell.Presently, hasreformasCommission institutions the result to waning of public confidence in not only the Office of the Ombudsman, but other forcountry ease access. Failure by themembers of thepublic to accessservices its may The Commission is under thelaw, obligated to decentralize itsservices of to the allparts iii). ii). C.

Decentralisation Budgetary Constraints LOOKING AHEAD: 2014ANDBEYONDLOOKING AHEAD: Insufficient StatutoryFramework

xiii THE COMMISSION ON ADMINISTRATIVE JUSTICE xiv THE COMMISSION ON ADMINISTRATIVE JUSTICE • • • • • 2014, theCommission seeks to:- • • • • • • •

administration. Employ alternative dispute resolution methods inrelation to complaints andpublic IECand simplified materials. other outreach programmes including television shows, radio shows, advertisements of theCommission’s work. This will beachieved through conducting visits county and Escalate awareness andadvocacy programmes andactivities to create understanding To devolveservices its to thecounties through partnership with governments. county sphere. Participate inlitigation on matters of public interest inthepublic administration public institutions as well as audits (spot checks) to assessing compliance levels. of capacity handling complaints improve to and trainings and Departments Agencies;Government Ministries, with partnerships strengthening issues; investigations systemic handling; on complaints through reforms service public to Contribute improvement of theICTinfrastructure attheCommission. complaints as theIntegrated Public Complaints Referral in Mechanism, theHudumainitiativesuch and platforms efficiency other and media social numbers; and free toll of use accessibility through handling increase to technology on Leverage Senate including therelevant House Committees of both Houses of Parliament. To buildacloser working relationship with both theNational Assembly andthe Institute respectively. asthe African OmbudsmanandMediation Association such andtheInternational Ombudsman institution and international regional with relationship its redefine To To reposition itself on itsexpanded jurisdiction as contemplated by various legislation. does. simple way the Commission the of as explaining what adopted impunity’ was fight To adopt a new slogan in order to simply its mandate to the public. The slogan ‘we complementary mandate on leadership andintegrity. To closely work with theEthics andAnti-Corruption Commission inrelation to the will isolate possible complaints for public inquiries as guided by theAct. To focus on public inquiries as a strategic way of handling complaints. The commission public administration. The Institution brings alltheelements of goodgovernance such The Ombudsmaninstitutions are important instruments for ensuring accountability in in Spain among others. People’the of ‘Defender the and Kingdom‘ParliamentaryUnited the Commissioner’in the ‘Supplier of Justice’ in Portugal, the ‘Mediator’ in France, ‘Civic Defender’ in Italy,is known the as the ‘Public Protector’ in South Africa, the ‘Comptroller of the State’ in Israel, though they have been christened differently. For example, theOmbudsman institution Presently, Ombudsmaninstitutions have been established inatleast 150 countries even 1967 andTanzania in1968. Denmark in1953, New Zealand in1962, Guyana in1966, the United Kingdom in institutionssimilar across theworld with Finlandin 1919,it adopting Norway in1952, of peoples’ rights. The success of theOmbudsmaninSweden ledto theestablishment of or failed to dowhat was expected of them. The Ombudsmanalso acted as aprotector Ombudsman was empowered to take action against those whoacts committedillegal Parliamentto control theobservance of thelaw by andgovernment courts employees. The in Sweden when theJustitie Ombudsmanwas created in1809 as arepresentative of Theinstitution Ombudsman as we knowtoday it traced canbe to Ombudsman the earlier ‘Ombudsmen,’ however, hadlimited functions andpowers. employees. also He received petitions from thepublic for administrative injustices. These exercise asystematic andpermanent control of theimperial administration anditscivilian Dynastyfrom BC 3 to 220 AD,Emperorthe assignedcivila employee, Yan,the to around 300BC to protectand defend fundamental rights. InChina, duringcreated theHan was institution equivalent an where Empire Roman the by adopted later was Government employees andMunicipal activities between 700 BC and 500 BC. This ofactivities Euthynoi oversawthe and Eﬂore when Athens and Sparta of cities Greek of the people. The evolution of the Ombudsmaninstitution can betraced to the The word ‘Ombudsman’ is derived from a Swedish word meaning agent or representative 1.2 TORY, MANDATE ANDSTRUCTURE Kenya. Italso covers mandate, powers, establishment, andstructure of theCommission. This section detailsthe historical origin of concept the of globally Ombudsman in and 1.1 1.0 thereby improving thedelivery of public services. striking attheroot of maladministration, theOmbudsmanpromotes goodgovernance transparency,objectivity,as ef

INTRODUCTION OMBUDSMAN HIS : HISTORICAL CONCEPT fi ciency, accountability, economy and human touch. By touch. human and ciency,accountability,economy

1 THE COMMISSION ON ADMINISTRATIVE JUSTICE 2 THE COMMISSION ON ADMINISTRATIVE JUSTICE within thelegalsystem andthestructure of thestate which has hindered their effectiveness. a number of African countries, theOmbudsmanhas not been appropriately anchored countries have been able to tacklethe central challenges facing theOmbudsman. In Despite the foregoing, the development of the Ombudsman has not been rosy; very few facilitation, independence andpolitical environment. number of factors, including modeof establishment, scope of jurisdiction, appointment, The gainsmadeby thevarious Africaninstitutions Ombudsman has been attributed to a African Ombudsmaninstitutions. and Mediators Ombudsman Association (AOMA) African has been established as acontinental umbrella the body for the Further, Office. the established since have marked thebeginningof thespreadof theInstitution inthecontinent. 37 countries democratic governance. The establishment of theOmbudsmaninTanzania in1968 threedecades. This was precipitatedby Constitutionalchanges enhancingat aimed The growth of theOmbudsmaninAfrica has been exponential, particularly, inthelast 1.3 Commission on Administrative Justice,Kenyathe National Commission onRights Human Pursuant Commissions. separate more to thisprovision, or Parliament created two three separate Commissions which into included the Commission Equality and Rights Parliament to enact such legislation that may restructure theKenya National Human ABLISHMENT OFTHECOMMISSION pursuant to Article 59(4) of theConstitution. Article 59 (4)of theConstitution empowers is established by theCommission on Administrative Justice Act (No. 23 of 2011) The Commission Administrative Justice also referred to as the Of 1.5 nature of itsestablishment. PCSClackedbodyessential characteristics Of the of of public against mandate of the committee was to receive, inquire into, address and deal with complaints within theMinistryof Justice, National Cohesion and Constitutional Affairs. The core complaints (PCSC) vide Gazette Notice Number 5826 of June 2007 as aDepartment It was not until 2007 thatthePresident established thestanding committeeon public ethic. The recommendation to establish theOffice was however not implemented. delivery inthepublic sector occasioned by endemic systemic failures and, poor work of Remuneration and Structure Service (PublicCommission), commonly known as theNdegwa Commission, recommended Inquiry thatthe of Commission the when 1971 Of the of establishment The 1.4 fi ce be established.be Thisce wasaddressprimarilyto service need poor the of borneout

EST HIST THE RISEOFAFRICANOMBUDSMANINSTITUTION ORY OFTHEOMBUDSMANINKENYA fi cers and public institutions concerning maladministration. However,maladministration.concerning institutions public and cers fi ce of the Ombudsman in Kenya can be traced back to back traced be can Kenya in Ombudsman the of ce fi ce of an Ombudsman due to the to due Ombudsman an of ce fi ce of the Ombudsman below: relevant Government policy document. The mandate of theCommission issummarized The Commission drawsmandate its from theconstitution, theAct andRegulations, and responsibilities.additional unique over,with world the known as Ombudsman the of role traditional in any impropriety or prejudice. Insum, theCommission’s mandate encompasses the in any sphere of government,tois alleged that be prejudicialor improper, or to result complaint, any conduct instate affairs, or any act or omission inpublic administration under Officers, and Offices both National andCounty government. Public We investigate, and on our own motion, or upon State all covers mandate Commission’s The values andprinciples, andprotecting thesovereignty of thepeopleof Kenya. public interestby promoting constitutionalism, securing theobservance of democratic dispute resolution. Inaddition, theCommission has aconstitutional mandate to safeguard by addressing maladministration through effective complaints handlingandalternative The mandate of theCommission isto enforce administrative justice in the public sector 1.6 and aSecretariat headedby theCommission Secretary. successor Commission to PCSC. The Commission iscomprised of three Commissioners Constitutional Commission within themeaningof Chapter 15of theConstitution andthe therefore,a is, Commission The Commission. Equality and Gender National the and compliance with theintegrity requirements inthelaw by public Officers. the Public Service. Thus, theCommission has acomplimentary mandate to ensure The Commission investigates improper conduct, abuse of power and misbehavior in such action. The Commission steps into ensure compliance by Public Officers. expeditious,efficient, procedurally action, entitlement to fair an written and reasons for includes action administrative fair of requirement Constitutional The necessary. when injustice, administrative of allegations which into includes anact, or decisions carried inquire out inthePublic Service or afailure to act to mandated is Commission The unresponsiveness. delay,inefficiency,failure, and discourtesy,inaction,service incompetence ineptitude, Maladministration istheproper province of any Ombudsman. Inour context, itincludes 3. 2. 1.

Misconduct andIntegrityIssues Administrative Injustice Maladministration MAND ATE OFTHECOMMISSION

3 THE COMMISSION ON ADMINISTRATIVE JUSTICE 4 THE COMMISSION ON ADMINISTRATIVE JUSTICE institutions to set-up Complaints facilities. Handling Ministries, in Additionally, we assist Officials, theCounty andNational governments, andindependent state government County and Institutions on effective andDepartments methods of handlingcomplaints in-house. National trains Commission The offices andprocesses inNational and governments.County covers and confidential, or published be may These concerns. specific the addressto administration and makes recommendations on legal, policy or administrative measures The Commission provides Advisory Opinions or proposals on improvement of public persons, including conditions of living andadministrative injustices within thefacilities. with Working seal. under the relevant organs, theCommission and engages on to remedy concerns raised by confidence such in Institution) mental or remand (prison, The Commission ismandated to receive correspondence from any person incustody Commissions of Inquiry, Task Forces or other Agencies including necessary policy or policy necessary including Agencies other or ForcesTask Inquiry, of Commissions inaction, theCommissions steps into follow-up implementation of Recommendations by Noting thefailure to act, including by aCabinet Secretary, constitutes administrative rights incontext of public service. information held by thestate, andcompliance with Minority andmarginalized groups and freedoms inpublic administration, theCommission serves to promote access to fromApart to thecomplimentary secure duty protection andpromotion of humanrights affecting public administration. alternative dispute resolution through mediation, conciliation or negotiation on matters The Commission ismandated to work with different public institutions to promote which in percentage, performance guides theoverall national rating showing of theInstitution. certificate a issues and institution each taken. action and Based on these, andresolution received of complaints raised through us, theCommission complaints rates detailing reports quarterly submit institutions Resolution of public complaints isanindicator inperformance contracting. Public 7. 6. 5. 4. 10. 9. 8.

Performance Contracting Training GovernmentOfficials Advisory OpinionsandRecommendations Persons inCustody Forces Implementing Recommendations ofCommissionsandTask Special Rights Mediation andConciliation

values andrespect thesupremacy of theConstitution. bypeople ensuringstateall organs observeprinciples the of democracy,constitutionalthe As with other Constitutional Commissions, we serve to protect thesovereignty of the back infurtherance of their oversight role. through a Committee, may request the Commission to investigate any matter and report of those aggrieved. Additionally, theSenate or theNational Assembly, as awhole or is mandated to receive complaints from amember of theNational Assembly on behalf Aware thatParliamentarians often receive complaints from constituents, theCommission legislative amendments. vi. v. iv. iii. ii. CHIEVING THEMANDATE i. 1.6.1

14. 13. 12. 11.

issue each year. of keeping us accountable tothrough thepeople Parliament. Several such reports Reporting, through special, bi-annual andAnnual Reports to Parliament isthemeans public andofficers atthe station, and a follow-up report. routinely gauge public officers’ responsiveness. These culminate in meetings with the checkgovernmentunannouncedonAn to used been acrossoffices has country the affecting public administration. mattersAdvisories confidential on or public appropriate,issue deemedwe Where either as aparty, as amicus curiae or interested party. We undertake litigation inappropriate cases by initiating or joining cases, on-going rampant andwidespread or serious andfar-reaching. The Commission will undertake systemic Investigations where thecomplaint is in appropriate cases. which are resolved through correspondence, mediation, investigation or adjudication The bulkof work done by theCommission comes through complaints from thepublic,

A hearing ortheCommissiondetermines. population; andthenatureofcomplaintrequires a public large Undertaking PublicInquirieswherethematterinvolvesa Parliament. we receiveonrequestof anunusualnumberofcomplaints, Undertaking systemic Audits in Public Institutions where Shared Role onConstitutionalism Supplementing Parliamentary Oversight

5 THE COMMISSION ON ADMINISTRATIVE JUSTICE 6 THE COMMISSION ON ADMINISTRATIVE JUSTICE Directorates, spread across various offices in Kenya. The Commission comprises theCommissioners, andstaff members categorized insix key 1.7 maladministration through effective complaints handlinganddispute resolution. To enforce administrative justice andpromote constitutional values by addressing 1.8.2 of public in national levels. andcounty servant-hood and responsiveness of overseer effective an be To 1.8.1 1.8

GRADE ORGANIZATIONAL STRUCTURE FOR THECOMMISSION ONADMINISTRATIVE JUSTICE CAJ 1 CAJ CAJ 3 CAJ 2 CAJ CAJ 4 CAJ

Mission Vision VISION STRUCTURE OFCOMMISSION PRINCIPAL OFFICER LEGAL SPECIAL ADVISOR TO THECHAIR KEY OM COMMUNICATIONS ICT COMMS HR &ADMIN COUNTY OFFICER , MISSIONANDCOREVALUES DIRECTOR, LEGAL MANAGER AND ADVISORY SENIOR MANAGER ADVISORY SENIOR INFORMATION COMMUNICATION TECHNOLOGY HUMAN RESOURCE MANAGEMENT ANDADMINISTRATION COMPLIANCE &RISK COMPLIANCE MANAGER DIRECTOR, SENIOR MANAGER SENIOR RISK COMMISSION SECRETARY COMMISSION SECRETARY DIRECTOR, RESEARCH & INVESTIGATIONS COMMISSION CHAIRPERSON DEPUTY MANAGER RESEARCH SENIOR MANAGER INVESTIG- SENIOR ATIONS DIRECTOR, ADVOCACY & COMMUNICATIONS ADVOCACY & MANAGER COMMS. SENIOR MANAGER FINANCE SENIOR HRM &ADMINISTRATION DIRECTOR, FINANCE, MANAGER ADMIN. SENIOR HR & MANAGER ICT MANAGER INTERNAL AUDIT fi e at ces OGO OFTHECOMMISSION 1.9 • • belonging andpurpose. The following are core values of theCommission: Values are anintegral of anorganization’s part culture andcreate asense of identity, 1.8.3 Commission was established. Our logo, therefore, captures thesovereignty ofof thepeople Kenya for whom the unity and patriotism of Kenyans more than the flag. Thus, the flag representsstands perhapsKenya.for Nothing sovereignty.of flag the of colours the backgrounddepicts The The Commission’s Logo captures four essential features: • Accountability: includes courtesy, impartiality, justice andequity. Fairness:wayoftreatinga The withreasonable.in quality people is that equality It Diversity refers to acceptance, respect andrecognition of individual differences. af political appearance, physical status, marital background, education, ethnicity, gender, geographic background, language, as age, cognitive style, culture, disability (mental, learning, physical), economic recognizeappreciatetoindividual suchand uniquenesscommitment Diversity: The a transparent manner. integrity, account for activities,responsibility accept for them anddisclose results in

Core V L alues h olgto o a ulc of public a of obligation The fi e o pbi isiuin o c with act to institution public or cer fi ito, ae r eiiu beliefs. religious or race liation,

7 THE COMMISSION ON ADMINISTRATIVE JUSTICE 8 THE COMMISSION ON ADMINISTRATIVE JUSTICE Ombudsman invarious jurisdictions. understand the work of the Commission is to understand the workings of the of of countries, deals with maladministration inallitsforms, from thehighest ranked public All over the world, the of The Logo iscircumscribed inone perfect “O”, representing theword ‘Ombudsman’. hence Justice”, “Mwananchi’s Mwananchi isshown balancing words, thescale of justice. other In perspective. (citizen’s) Mwananchi’s viewedthe fromas rights, competing of balancingrequirescarefulCommission the of of justice as balanced between competing claims. The “Administrative Justice” mandate The Scaleof Justicehas immemorial sincetime represented objectivitythe neutralityand the Ombudsmanismandated to enforce it. responsive and accountable public service is the right of Mwananchi, and the Of The citizens, irrespective of gender, are central to the work of theCommission. A Astride theﬂagisMwananchi, theenduring personi fi cer (head of government), to the lowest level of fi ce of the Ombudsman, as originally developed in Scandinavian fi cers. Accordingly, the easiest way to fi cation of theordinary citizens. fi ce of the fi ce of procedures. oversightacross theentire public sector,acting as check a on processes, systems and redress primary is through complaints handling. In performing thisfunction, theCommission provides The efficiency. accountability,mechanism employed by theCommission inaddressing maladministration inKenya responsiveness, fairness, upholds The overall goalof theCommission inthisregard isto nurture apublic service that state isdrawn from thepeople. and failure to adhere to theconstitutional principles thatallsovereign authority of the power,of abuse unlawful,oppressive, unresponsivetreatmentor unfair official conduct misbehaviour inpublic administration, improper or prejudicialconduct, manifest injustice, delay, administrative injustice, discourtesy or misconduct, incompetence or ineptitude, toreceive, inquire investigateand instances of maladministration such as unreasonable maladministration inthePublic Sector. Towards thisend, theCommission isempowered Constitution and Section of the Act 8(a-d) which mandate theCommission to dealwith as knownmany in countries.This expresslyis captured under Article59(2)(h)&(k) of the The primary responsibility of theCommission isthetraditional role of theOmbudsman ACKLING MALADMINISTRATION INTHEPUBLIC 2.1 2.0 email e.t.c -telephone or referrals from other agencies. initiative or by ananonymous person.complaint A may received be in writing-letter, authorized by law. Complaints may also beinstituted by thecommission on its own an aggrieved person or by aperson actingon their behalf or by any other person orplaces place such at ascommission the mayfrom to time designate. time or complaintA may bylodged be offices Commission’s the at lodged be may complaint A 2.2.1 2.2

Lodging aComplaint INTRODUCTION COMPLAINTS HANDLING SECTOR T

9 THE COMMISSION ON ADMINISTRATIVE JUSTICE 10 THE COMMISSION ON ADMINISTRATIVE JUSTICE • • Level I at any stage depending on itscircumstances. a complaintthat must not necessarily gothrough alllevels. Acomplaint may beresolved Below is theCommission’s complaints handlingprocess. Itishowever important to note of natural justice so as to uphold high levels of fairness. charge any fee inprocessing anddetermining complaints, andobserves theprinciples the Commission engages aninterpreter. Itisworth noting thattheCommission does not said languages, he or she may lodgeacomplaint inhispreferred languagefor which namely, languages national/official two the Swahili.and English However eventthe in arecomplainant a cannot communicate the in communication of languages The Figure 1:Ways of Lodging Complaints to theCommission • • • •

agencies. If inadmissible, Complainant isadvised accordingly and/or referred to appropriate If admissible, commences inquiries CAJ andupdates thecomplainant. Complaint isassessed for admissibility. Complainant fillsina Complaint Form If no response isreceived after this, afinal reminder of 7days is sent. a first reminder giving the respondent 7days to comply. If aresponse isnot received from therespondent afterworking 14 days, sends CAJ • • • In resolving acomplaint, theCommission may: Level III • • • Level II • • • • • The Commission may: Level IV • • • • • •

Conduct hearing.a Undertake mediation, negotiation or conciliation. Conduct inquiry.an obtain information and Demand documents. or Conduct investigations. declare such State or Public Officer to beunfit to serve inthe and/or Public Officer, Service. or Office Public or Stateunresponsive an as respondent the Cite Institute legalproceedings against theRespondent. Proceed to determine thecomplaint intheabsence of theRespondent. notice to show cause andthereafter ifstill unresponsive he/sheissummoned. If there isstill no response after the7days, theRespondent isissued with a14-day nature of thecomplaint andthedetermination made. Register which shallbesigned andsealed by theChairperson and shallincludethe Enter thenameof theRespondent intheCommission’s Citation Declare theRespondent to beaperson ineligible to hold apublic office. Commission on Administrative Justice Act 2011or any other legislation Make aformal determination thattheRespondent isinbreach of theConstitution, the Obtainorders from the Courtauthorizing Searches orSeizures. Commission. Obtainwarrants arrest of for breach of anysummons or orders of the Invite or summon any person or persons to attend the Commission.

11 THE COMMISSION ON ADMINISTRATIVE JUSTICE 12 THE COMMISSION ON ADMINISTRATIVE JUSTICE Commission inthenational government performance contracting process. combination of factors includingenhanced visibility andstrengthened role of the The increase inthenumber of complaints andcontactsis attributable in2013 to a Table of statistics 1:Summary of cases handled The breakdown isas presented inthetable below. and 2,664complaints carried over from the previous reportingperiod totalingto 18,257. During theperiod under review, the Commission handled atotal of 15,593 new cases 2.3 • • • • In resolving theComplaint, theCommission may:- Level V Average monthly cases received cases) Total cases carried forward to thenext reporting period (ongoing Total cases resolved Total cases handled Complaints from previous reporting period Sub-total for new cases in2013 contracting obligation. Complaints handledunder theCommission’s performance Contacts &inquiries resolution) (on-spot Complaints where formal inquiries commenced DESCRIPTION

Publish theaction taken intheCommission’s Statutory Report. Issue aformal caution or warning to theRespondent. Recommend theremoval of theRespondent from public office. Recommend anappropriate remedy including compensation.

CASES HANDLEDINPERSPECTIVE NUMBER 11,253 15,593 18,257 3,131 1,299 3,266 2,664 9,196 7004 Figure 2: Cases by Handled CAJ Figure 3:Cases by Handled CAJ next reporting period(ongoing cases) Total cases carried forward to the Average monthly cases received Total cases resolved Total cases handled 50% Performance Contracting obligation Complaints handledundertheCommission’s A CHART OFCASES HANDLEDBY IN2013 CAJ 15% reporting period Complaints from previous 1,299 18% inquiries commenced Complaints where formal 17% (on-spot resolution) Contact andinquiries 7,004 11,253 18,257

13 THE COMMISSION ON ADMINISTRATIVE JUSTICE 14 THE COMMISSION ON ADMINISTRATIVE JUSTICE Table 2: of cases Summary by action taken complaints, enquiries and contacts. The resolution rate was as shown in the Table below. During theperiod under review, theCommission through various channels received 2.3.1 Figure 4: Analysis of Cases by Action Taken Performance Contracting obligation. Complaints handledunder theCommission’s Contacts &inquiries resolution) handled-(on-spot Cases carried forward to thenext reporting period Total cases resolved complaints Complaints where formal inquiries commenced +ongoing Description

ANAL YSIS OFCASESRECEIVEDBYACTION TAKEN ANALYSIS CASES BY OFCAJ ACTION TAKEN Resolved 62% Ongoing 38% 18,257 Total No. 3,131 9,196 5,930 , 4 0 7,0 No. Resolved 11,253 3,131 7,392 730 Figure 5:Percentage of New Cases Against Handled Public Institutions –Category A complaints handledagainst various Government Ministries, andAgencies Departments institutions and private entities. The Table below provides synopsis of thenumber of new The new cases handled during thereporting period involved awide range of public 2.3.2 Ministry ofInterior andCo-ordination of National Government

Ministry ofEnvironment, Water andNatural Resources MINISTRIES, DEPARTMENTS ANDAGENCIES ANAL Ministry ofLands,HousingandUrbanDevelopment Independent Electoral andBoundariesCommission Ministry ofLabour, Social SecurityandServices Ministry ofEducation, Scienceand Technology Oﬃce oftheDirector ofPublic Prosecutions YSIS OFCASESLODGED AGAINST GOVERNMENT Ministry ofTransport andInfrastructure Nairobi CityCounty Government PERCENTAGE OFNEWCASES HANDLEDAGAINST PUBLIC INSTITUTIONS CATEGORY A{REPRESENTING BETWEEN1%TO 13%OFTHETOTAL} Teachers Commission Service Public Service Commission Service Public Department ofPensions National Police Service Ministry ofHealth State Law Oﬃce Private Entity Judiciary 1.00% 1.05% 1.15% 1.40% 1.40% 1.55% 1.75% 1.95% 2.00% 2.74% 3.24% 5.34% 7.43% 9.18% 9.73% 12.27% 12.82%

15 THE COMMISSION ON ADMINISTRATIVE JUSTICE 16 THE COMMISSION ON ADMINISTRATIVE JUSTICE Figure 6:Percentage of New Cases Against Handled Public Institutions –Category B Ministry ofInformation, Communication and Technology Ministry ofEast African Affairs, Commerce andTourism National Environmental Management Authority Water Resources Management Authority Ethics andAnti-Corruption Commission Nairobi Water andSewerage Company Kenya Agricultural Research Institute Ministry ofSports,Culture andArts Kenya National Highways Authority Parliamentary Commission Service National Hospital Insurance Fund Kenya Medical Research Institute Kenya Medical Training College Higher Education Loans Board Kiambu CountyKiambu Government Postal Corporation of Kenya Isiolo County Government Kisii County Government National Irrigation Board Office ofthePresident Kenya Wildlife Service PERCENTAGE OFNEWCASES HANDLEDAGAINST PUBLICINSTITUTIONS CATEGORY B{REPRESENTING BETWEEN0.2%TO 0.35%OFTHETOTAL} Technical University Moi University Telkom Kenya 0.20% 0.20% 0.20% 0.20% 0.20% 0.20% 0.20% 0.20% 0.20% 0.20% 0.25% 0.25% 0.25% 0.25% 0.25% 0.25% 0.30% 0.30% 0.30% 0.35% 0.35% 0.35% 0.35% 0.35% Figure 7: Percentage of New Cases Against Handled Public Institutions –Category C National Authority for theCampaignagainst Alcohol andDrugs Dedan Kimathi University ofScienceandTechnology Kenya Medical Practitioners andDentists Board Kenya Medical Practitioners andDentists Board Kenya Institute for Public Policy andAnalysis Tana andAthi Rivers Development Authority National Genderand Equality Commission Mombasa Water andSewerage Company Kenya Tourism Development Corporation Public Procurement Oversight Authority Malindi Water andSewerage Company Eldoret Water andSewerage Company Agricultural Development Corporation Betting Control andLicensingBoard Jaramogi Oginga Odinga University Lake Victoria Water Board Services Ministry ofEnergy andPetroleum Uasin GishuCounty Government Kenya Broadcasting Corporation Rift Valley Water Board Services Machakos County Government Energy Regulatory Commission Marsabit County Government Kenya UrbanRoads Authority National Intelligence Service Auctioneers LicensingBoard Kenya Water Towers Agency Office ofthePrimeMinister Narok County Government NGOs Co-ordination Board Embu County Government CATEGORY C{REPRESENTING BETWEEN0.05%TO 0.15%OFTHETOTAL} Pyrethrum Board ofKenya Meru County Government PERCENTAGE OFNEWCASES HANDLEDAGAINST PUBLICINSTITUTIONS Nyeri County Government Capital Markets Authority The University ofNairobi Kenya AirportsAuthority Kenya PipelineCompany Anti-Counterfeit Agency Kenya Industrial Estates Coffee Board ofKenya Central BankofKenya Kenya Water Institute Nzoia Sugar Company Kenya Seed Company Kenya Forest Service Laikipia University New KCC 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.05% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.10% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15% 0.15%

17 THE COMMISSION ON ADMINISTRATIVE JUSTICE 18 THE COMMISSION ON ADMINISTRATIVE JUSTICE Table 3:Categorization of new complaints handledby service issue Commission during theperiod under review. The Tablebelow provides ofcategorization the summary a of new casesby handled the 2.3.4 Total Breach of contract Corruption Inefficiency/Incompetence/Ineptitude Maladministration Abuse of power Unfair treatment Administrative injustice Delay Unresponsive official conduct SERVICE ISSUE

ANAL YSIS OFCASESRECEIVEDBYSERVICEISSUES PERCENTAGE 10.9% 14.2% 21.2% 12.9% 17.9% 100% 1.7% 6.6% 7.1% .5% 5 7. Figure 8:New Cases by Handled Service Issue matters of public administration complaints andalso interacted with thestakeholders inthecounties at various fora on 666 Commission of total the receivedgeneral.offices, Throughadministration a in the withto partner theCounty Governments inenhancing service delivery andpublic public to easily access itsservices. Inaddition, itprovided to Commission anopportunity at decentralizing theservices of the Commission to thecounties thereby enabling the offices in Kisumu and Mombasa in May and October 2013 respectively. This was aimed In line with itsStrategic Framework,– 2016, 2013 theCommission opened two branch 2.5 strategic meetings inWajir,Kisumu, Nairobi, Nyeri and Eldoret for thelaunch of IPCRM. period, theCommission received 73complaints through IPCRM andalso attended and theNational Anti-Corruption Campaign Steering Committee. During thereporting National Cohesion and Integration Commission, Transparency International –Kenya and Anti-Corruption Commission, Kenya National Commission on HumanRights, Besides theCommission, theother institutions involved intheprocess include theEthics complaintsalsoand handling strengthenpartnership the amongst relevantthe institutions. IPCRM wasenhancingat aimed theaccessibility andcapacity of theCommission’s Referral Mechanism (IPCRM) which isanelectronic based complaints referral system. The Commission continued to play animportant role intheIntegrated Public Complaints 2.4

INTERGRA MECHANISM CASES FROMBRANCHOFFICES 2% Breach ofcontract TED PUBLICCOMPLAINTSREFERRAL

Ineﬃciency/Incompetence/ 7% Maladministration ineptitude 7% 7% Corruption 13% Unfair treatment 11% Abuse ofpower 18% Delay 21% conduct Unresponsive Oﬃcial 14% Administrative Injustice

19 THE COMMISSION ON ADMINISTRATIVE JUSTICE 20 THE COMMISSION ON ADMINISTRATIVE JUSTICE 2.5.2 Figure Table Commission’s participation inanumber of outreach. 31st December 2013. The number of complaints andcontacts was bolstered by the to 2013 May 3rd from complaints 282 of total a received Office Branch Kisumu The 2.5.1 5. 4. 8. 7. 6. 3. 2. 1. No

4: 9: Month September August December November October July June May

MOMBASA BRANCH OFFICE KISUMU BRANCHOFFICE

Complaints Kisumu

Branch

handled

Office

initiated through Inquiry Inquiry

– 20 15 38 29 28 22 57

9 Complaints

Kisumu Complaints Closed

and Branch 19 0 0 0 0 0 2 2

Enquiries

Office Referrals 10 10 19 27 5 5 4 0 Resolved 5 0 0 2 0 0 1 0 Inquiries General General 10 15 10 50 27 24 8 7 Figure Table Office. the complaints andcontactsduring made thereportingperiod by theMombasa Branch shows below table The Counties. Kilifi Kwaleand Mombasa, in activitiesoutreach in and contacts madewithin period theshort was due to the Commission’s participation periodthe of opening inOctober to December 2013. The high number of complaints during contacts and complaints 284 of total a handled Office Branch Mombasa The December November October Month

5: 10:

Complaints

Mombasa

handled

Branch MOMBASA OFFICECASEANALYSIS

Office through 8 24 27 Complaints Number of Received

–

Mombasa Complaints

Office

and

Inquiries

2013 Number ofNumber Contacts 200 100 25

21 THE COMMISSION ON ADMINISTRATIVE JUSTICE 22 THE COMMISSION ON ADMINISTRATIVE JUSTICE through the Huduma Centre.Huduma throughthe periodDuring the review, under Commission the handled 136 contactscomplaintsand inquiries, National Social SecurityFund National the and Hospital tax Insurance Fund among others. certificates, death and businessregistration birth ofnames, land registration and management, licenses, and issues onthe driving cards, identity national focusesservices on that have the mostdirect impact on citizenssuch as issuance of efficiency. concept and The accessibility enhancing of way a Kenyaas in counties the bodies with service Centre. desks at the CentresHuduma The willestablishedbe in all by His Excellency President,the withthe Commission being onethe of twooversight first Huduma Centre the launchedwas at Teleposta Towers Nairobi in October in 2013 service, and increased efficiency and service deliveryturnaround times. Accordingly, the citizens the therebylocation one in enhancingand accessibility convenience, customer services under one roof. The main objective of the concept was toprovide aplatformto a conceptof onestop citizen shop service delivery, which brings togethergovernment GovernmentOctoberIn2013, the established firstthe ever ‘Huduma Centre’ in Kenya, 2.6 Figure 11:Analysis of Cases from Handled Huduma Centre

CASES FROMHUDUMACENTRE 2.4.1 2.7 Mr. Joseph Kinyua, during thelaunch of HudumaCentre inNairobi on 7thNovember 2013. The Vice Chairperson, Dr. Regina Mwatha, explains apoint to theChief of Staff of andHead Public Service, (Criminal Case No. 122 of 2013)with theoffence of assault causing grievous bodily harm. was matter The Prosecutions. of Public subsequentlyinvestigated suspectthe chargedDirector and Principal in Magistrates’ Buterein Court the of Office the to inquiries making by Upon receiving thecomplaintfrom complainant, the Commission the successfully intervened and other organizations thathehadapproached for intervention. providenot any treason failureforthe respondoract inquiriesto the to complainantbythe 3/17/08/2008follow-ups,and made but no action was taken. Inaddition, thepolicedid The complainant reportedthe Manyala thematterat Police Patrol Base under OB. No. left legfrom theankle. Minister. allegedthatas He aresult of the assault, he lost hisupper teeth andfractured his Cabinet Minister when hewent to hishome to collect Kshs. 16,600 owed to himby the on 17thAugust2008. In particular, complainant the he wasthat alleged assaultedby a The complainantthe policethat alleged hadfailedto take action inacase reported to them CASE 1:CAJ/POL/015/1514/2012

SUCCESS ST SUCCESS ST ORIES ORIES ANDSAMPLECASESHANDLED

23 THE COMMISSION ON ADMINISTRATIVE JUSTICE 24 THE COMMISSION ON ADMINISTRATIVE JUSTICE salary inlieusalary of notice; andthathewould bepaid for hisoutstanding leave days. would be changed to termination in the Authority’s interest; he would be paid three months’ in amediation meetingon 24thJuly which 2013 resolvedthe complainant’sthat dismissal second appeal was rejected by The KRA. Commission took up thematterwhich culminated him. thereafter He lodgedacomplaint with theCommission on 4thFebruarywhen 2012 his but the appeals were rejected on 4th June 2004 on the basis that KRA had lost confidence in appealed twice against his dismissal on the grounds that he had been acquitted by the court, sectionof 215 theCriminalProcedure Code onNovember 16th The 2000. complainant death of one of his siblings. He was subsequently charged in and court, ailment but was his acquitted to under due concentration of lack to loss the attributed officer,clerical but a as on 23rd July 1998.The complainant losing hadadmitted some funds while working for KRA employer, Kenya Revenue Authority (KRA) following dismissal by hissummary theAuthority The Commission successfully mediateddisputea betweencomplainant a formerand the disposed of inamanner inconsistent with theexemption. However, theexemption was granted on conditionthe vehicle that would benot beused or intervened inhaving theexemption grantedsuccessfully andthecomplainant proceeded to clear thecar.and KRA to inquiry an made Commission the complaint, the of receipt Upon withKRA allthenecessary documents. a special meansof transport. Shestatedshe hadcomplied that with thelaw andfurnished failure by to grant KRA her exemption did not take her physical condition and her need for condition was suchshe was that unableto travel on PublicService Vehicle, the that and exemption in 2009 for another carthatshe had imported. Sheallegedthather physical personal use.herthat Shealleged fear was caused by her unsuccessful application for interventionits inanapplication for exemption duty on acarshehad imported for her The complainant, aperson with disability,a complaint lodged with theCommission seeking CASE 2:CAJ/KRA/000/374/2012 CASE 3:CAJ/KRA/000/41/7/12 This enabled himto register for examinations andhesat thesame inDecember 2013. expeditiously. him to granted was certificate birth civilthe registrationof and department by adistant relative. Upon complaining to theCommission, thematterwas explained to the children’s homechildhoodsince beenhad and takenhis teenage in years fromhomethe the complainant could not get thedocuments needed. The complainant hadgrown up ina have his not did he since certificate birth parent’s identification documents.for registration deadline The approachingfast was and a get to manage not could he and problem This forced himto repeatthe said class in2013. Despite thishestillfaced the same certificate. birth a of lack to due 2012 year the in Examination Secondary of Certificate The Complainantwas anorpharn whomissed had to registered be to for sit theKenya Throughinterventionthe ofCommission, the complainantthe was reinstatedto hisposition recommendations ofDisciplinary the Committee thereby delaying resolutionthe ofmatter. the had indeedbeen treated unfairly andthattheCorporation hadfailedto implement the Oil National the with Corporation. inquiries Based on thecorrespondence, initiated theCommission concluded thatthecomplainant Commission the complaint, the of receipt Upon instead kept on makingunlawful andirregular extensions of hissuspension. allegationsthe againstcomplainantthe submittedand report its on 31stAugust 2012, and had failedto implementthe recommendations of theDisciplinary Committeeinvestigated that Human Resource Policy andProcedure Manual. Further,was it the Corporationthat alleged and irregularly interdicted without dueregard to therelevant law and theCorporation’s againstcomplainant.the In particular, complainantthe beenhe had that alleged unfairly National Oil Corporation of Kenya inrelation to thedisciplinary procedure andaction A complaint waswith lodged theCommissionunfair alleging administrative action by the and paidarrears hissalary for theperiod of thesuspension. CASE 5:CAJ/AG/001/525/13.VOL 1 CASE 4:CAJ/NOC/021/7/1/12

25 THE COMMISSION ON ADMINISTRATIVE JUSTICE 26 THE COMMISSION ON ADMINISTRATIVE JUSTICE scheduled. and thecomplainant was issued with thepassport andwas able to travel to Canada as Upon receipt of thecomplaint, theCommission urgently intervened on thesame day four days. She further stated thatas aresult of theinformation, shebooked for areturn stated thattheperiod for processing an application for replacement of apassport was she hadrelied on theinformation on thewebsite of of theDepartment Immigration which urgent intervention to have thepassport processed. She informed theCommission that As aresult of the delay, thecomplainant lodgedacomplaint with theCommission seeking May 2013. May 2013. Onceagain, thepassportwas notready when wentto collectonit 22nd told that it was not ready for collection and requested to return on the following day, 22nd May 2013. However, on 21st Maywhen 2013, shewent to collect thepassport, shewas applied for thereplacement on 17thMayand was 2013 informed to collect iton 21st subsequentlyshe that alleged Immigration.ofShe Department the of Guidelines the per wouldhave taken four months while inKenya theprocessing period was four days as her passporthad ran sinceit out of pages andtheprocess of replacement inCanada The complainant allegedshe had travelled from Canada to Kenya for areplacement of Registration of Persons for delaying to process anapplication for replacement of apassport. The Commission received acomplaint against theMinistryof State for Immigration and f amounting to Kshs. 433,257.00. matter.The Commission complainantthe and was initiated inquiry an paidpension the amount of Kshs. 433,257. Shethereafter sought the assistance of theCommission in the despitethat her instructions, of theDepartment Pensions failedto pay theoutstanding of Department Pensionsthe totransfer money the to her new account.She alleged directions. cheque being returned to the Department of Pension’s Office in Nairobi pending further was sentto her previous accountwhich been had closedfor dormancy. Thisto led the pension outstanding 433,257the Kshs.as of cheque a that indicated pensioner.She Shestatedsince the2011. thather husband died inAugust 2008, as acivil servant The complainant allegeddelay inthepayment of pension belonging to her late husband ight to Canada on 24th May 2013andprovided theinformation to theDepartment. CASE 6:CAJ/M.IMM/003/90/2013 CASE 7:CAJ/PEN/000/463/2013

Further,she laterthat shealleged changed her pay point andinstructed lease of theplot. frustrated. Upon theintervention of theCommission, thecomplainantwas issuedwith a madeallthepaymentsHe includingthe landrates, buthis efforts to geta lease hadbeen lease to himaparcel of landknown as Plot No. 38 Huruma atacost of Kshs. 100,000. The complainant allegedthattheCity Council of Nairobi, as itthen was, hadagreed to reinstated. was Commission,he the ofintervention the upon and acquitted,was and dismissal the On the21st of April 2008, hewas dismissed from service. went He to to challenge court and thatitwas late inthenight anditwas risky to change thetyre inthose circumstances. deliberately drove thepuncturedvehicle because hewas unable to change thetyre alone Headquarters with a punctured tyre on 28th of February 2008. He alleged stated that he Vehicle Registration Number GKA140A,Toyota Hiace, on hisway back to theTPU The complainantthat hewas alleged unfairly dismissed from service for driving theMotor intervention thecomplainant was granted thepermit. the complainantthat was unwellmedical andneeded attention outside thecountry. Upon What aggravated thesituation from apart thefrustration of thenon renewal was thefact missing. was file her that Ministry the severalwithin officers by informed been had but on thematterseverally without receiving any response from the Immigration department two andahalfmonths after her application. Shefurthershe hadfollowed allegedthat up travel urgentlyto for medical treatment.scheduled The Immigrationwas hadnot department renewedshe thePermitas Permit the required She 2012. June 20th on expire to 2012 she made and application for renewal of her Class “L” Permit since her permit was Ministry of Immigration andRegistration of Persons.onthat Shealleged 22ndMay The Complainantto came thecommissiona complaint andlodged against thethen CASE 10:PCSC/NCC/005/193/VOL.I CASE 9:PCSC/015/692/09 CASE 8:CAJ/M.IMM/003/51/2012

27 THE COMMISSION ON ADMINISTRATIVE JUSTICE 28 THE COMMISSION ON ADMINISTRATIVE JUSTICE received arefund of theoverpayment hehadmade. been factored by theSociety. Upon theintervention of theCommission, thecomplainant Service Commission hadremitted some monies on hisbehalf, but thesame hadnot the Society haddeducted Kshs. 450,000from him. further He thattheTeachers alleged operative Society. The complainant allegedthattheloanamount was Kshs. 180,000 yet The complainant allegedoverpayment of aloanthathehadtaken from Mwalimu Co- paid compensation of Kshs. 221,317 for theland. the of wascomplainant receipt the and Authority the to Upon inquiry an Commissionmade inquiries.Complaint,the the to respond and payment make to failed Authority Nairobi. However, and Kisumu in offices the their evenvisited and documentsrequisite Mau SummitRoad. Further, heallegedthat had furnished theAuthority with allthe 8753 Numbers and8754 Notice Gazette of 23rd Julyfor 2010 theconstruction under of theKisumu Government Bypass-Kericho- the by acquired compulsorily been had plot,KISUMU/KANYAKWARhis compensationfor “A”/1552. land the that alleged He complainta against the Kenya National Highways Authorityfor delay inmaking The complainant, agedover 80 years, lodgedacomplaint with theCommission received CASE 12:CAJ/KENHA/006/36/2013 CASE 11:CAJ/M.COOP/025/53/2010 against the Union. Upon receipt of the complaint, the Commission made inquiries to the Registrar of Tradeto inquiries Unions andthecomplainant was paid andallowances. hissalary made Commission the complaint, the of receipt Upon Union. the against the Registrar amounted to unfair administrative action sinceheearlier agreed to take action two years amounting to Kshs. 1.9million. The complainant further stated thattheaction by Workers Unionallegedlyhad failed to paycomplainantthe allowancesand his salary for unresponsive official conduct and abuse of power in a matter where the Aviation and Allied The Commission received acomplaint against theRegistrar of Trade Unionsdelay, alleging ih t Rls n Rgltos Cneunl, h Dsilnr Cmite osdrd the considered Committee Disciplinary the Consequently, Regulations. and Rules its with the complaint, andtheUniversity College initiated aninternal administrative action inline College failed to reinstate himto hisposition. The Commission intervened, upon receiving 2012, January University 12th the on court despitebythe that beingacquitted alleged He him charged with incourt anoffence hedid not commit (Criminal Case No. 1308/2010). alleged unfair administrative action by the College by suspending and subsequently having injustice inhissuspension from theCollege inJulyIn particular, 2010. thecomplainant (now Technical University), by acomplainant whounfair alleged treatment andadministrative A complaint was lodgedagainst theKenya Polytechnic University College, as itthen was or information response aboutthe matter. no positive the Commission, upon receiptof thecomplaintsuccessfully intervened and were there but occasions, several on Office Trustee fatherthe that of thedeceased,who was 85years old,visited had Kakamegathe Public father of the deceased who hadbeen registered as the next of kin. Itwas further alleged the notify to failed Office the addition,2009. In January 20th Pensionson of Department withholdingthe gratuity of theestate of thedeceasedafter receivingmoneythe fromthe wasit that thePublic alleged particular, Trustee In inKakamega Trustee. Public acted unfairly the andabused power by of Office the to submitted been had documents requisite that thedelay andunresponsiveness was unfair sincetheletters of administration andother the deathgratuity of thedeceased relative amounting to Kshs. 376,117.50. alleged He of theAttorney-General. The complainant allegedthatthePublic Trustee hadfailed to pay Office the TrusteePublicwithin the against Commission the with lodged was complaint A the complainant was paid thedeathgratuity. matter andfound himnot culpable. was He accordingly reinstated to hisposition. CASE 15:PCSC/KRC/004/100/2012 CASE 14:CAJ/KPUC/013/280/2012 CASE 13:PCSC/AG/001/311/09

29 THE COMMISSION ON ADMINISTRATIVE JUSTICE 30 THE COMMISSION ON ADMINISTRATIVE JUSTICE reinstated to hisposition. Disciplinary Committee. The matter was successfully handledandthecomplainant was no communication from theUniversity for over four months after appearing before the of seven days provided for intheRules andRegulations. also He allegedthatthere was structure andthathewas given three days to respond to anotice to show cause instead was unprocedural insofar aswas it not done inlinewith theUniversity’s administrative providing to staff halfsalary on suspension. The complainant alsothe dismissalthat alleged hadbeen stoppedhis salary he allegedthat contrary to thePolicy of theUniversity of he was not accorded to beheard anopportunity before hissuspension. Inaddition, the suspensionthat alleged letter did not particularize theoffence against himandthat by theUniversity for anoffence for which hewas notculpable. Further, thecomplainant Egerton University. allegedthathehadbeen unfairly He andunprocedurally suspended The complainant lodgedacomplaint with theCommission allegingunfair treatment by was informed that the delay in paying the dues had been occasioned by the liquidity constraints facingthe theScheme atthattime. by occasioned been had dues the paying in delay the that informed was were paid their gratuities andlumpduessum byScheme. the Further, theCommission complainants the inquiriesCommissionComplaint,and initiated the the receiptof Upon 2011. July retirementin their since issue the on inquiries their to respond to failed had within30 days upon retirementfrom service.Further, theythe Schemethat alleged them theretirementgratuity inaccordancewith Rulesthe which providedfor payment Retirement Benefits Scheme. In particular, they alleged that the Scheme had failed to pay Corporation who allegeddelay andunresponsive conduct by theKenya Railways Staff The Commission received acomplaint from 83 former employees of theKenya Railways CASE 17:CAJ/M.H.EDU/013/374/2012 CASE 16:CAJ/KRC/004/100/2012 office. her to reported subsequently and letter appointment the with issued was complainant the positionrequestedand Commissionthe to intervene. Upon intervention of Commission,the follow-ups. Further,the action sheallegedthat was of thescheme part to deny her the Commissioner. However,the letterthat shealleged was not issuedto her despite her several well intheinterviews andanappointment letter dispatched to her through theDistrict appointment as anAssistant Chief. The complainant further allegedthatshe had performed District, allegingthathe had unlawfully andunfairly withheld thecomplainant’s letter of The Commission receivedcomplainta against Districtthe Commissioner, Nyamira North appointment of as theInterim part County Team for Tharaka Nithi County. informedby EACC. The intervention ofCommission the to led withdrawal the of Mr.Mbiuki’s The Ministrywas allegedto have failed to take administrative action despite being formally of thecharge inlinewith section 62(1)of theAnti-Corruption andEconomic Crimes Act. (CR. 261/515/2012; CF. ACC.5/2012) and ought to have been suspended from the date Anti-Corruption Court inNyeri on 12thSeptemberon 2012 three counts of Economic Crime Interim County Transition Team. Itwas also allegedthatMr. Mbiukihad been charged inthe was informed thatMr. Mbiukiwas instead deployed to Tharaka Nithi County of as the part Councilof Thika, after hewas chargedwith a corruption offence. Further, theCommission administrative action against Mr. Felix Gitari Mbiuki,a former Town Clerk attheMunicipal Corruption Commission against thedefunct Ministry of Local Government for failingto take The Commission successfully intervened inacomplaint lodgedby theEthics andAnti- to hisposition.Public Prosecutions. the complaint,Commission the intervened andthesuspects successfullywere intervened arraigned andthecomplainantwas upon reinstated in court thedirective by theDirector of inquiries under unclear circumstances.were made, Upon receiptand ofhe released thecomplaint, was theCommission but not arrested, successfullyaccorded an was opportunity to Clerk, be heard. Court Upon Senior receipt of a suspect, third The file. the withheld illnessreport and when had hiscondition improved.Further, nothat he alleged investigations or the recover from to time granted had Station the of in-charge Officer the that alleged also alleged thatthesuspects were arrested, but could not becharged sincetheDCIO incourt duty,forged despitebeing (Nairobi him on sick HCCAoff No.informing and 326/2996his supervisor abouthis condition. He andHCCA 126/2000). The complainant further he was allegedthat He dismissed fromJudiciary, service in2005 on theground ofvide absconding a letter dated 21st December 2010, confirmed that the said court order was from workorders andthattheMinistryhaddelayed thatenabled them to transfer to determine Land hisappealsince August Parcel 2006. Nos. Karai/Karai 1496 and1497. The Complainant,policeofficer, had faileda that theDCIO alleged to take unfairly action been particularly had had against he dismissed suspects that alleged who hadforged court Officer Investigation Administration Criminal Kiambu(DCIO) andInternalabuse alleging Security of power District for delay, andunlawful conduct. Inparticular, unfair treatment andunresponsiveness. the thecomplainant The against complaint a received Commission A complaint was lodgedwithThe theCommission against thedefunct Ministryof State for Provincial CASE 21:CAJ/P.ADM/015/1335/2012 CASE 20:CAJ/TA/L.GOV/005/433/13/VOL,I CASE 19:PCSC/P.ADM/015/241/08CASE 18:CAJ/POL/015/1449/2012

31 THE COMMISSION ON ADMINISTRATIVE JUSTICE 32 THE COMMISSION ON ADMINISTRATIVE JUSTICE Officer was rescinded andthecomplainant was subsequently refunded her money. ProvincialInvestigationCriminal Deputy the of decision the Commission the by inquiry the court to letter a seekingto terminatewrote theproceedings withouteven involving and further the complainant. Upon unconditionally the charges all drop to Officer Investigation Criminal District Area Industrial the ordered InvestigationOfficer Criminal otherthe charges had dropped.It was furtherNairobithe that alleged ProvincialDeputy 855,000 from her. Shefurther allegedthatone of thesuspects was charged and incourt Station against two peoplewho hadobtained from her falsely obtained asumof Kshs. The complainantshe hadreportedthat alleged the Industriala matterat Area Police The Commission inquired into the matter and it was found that there was malice that culminated inthecomplainant’smalice dismissal, andhewaswas subsequently reinstated.there that found was it and matter the into inquired Commission The againstdismissal was overruleddismissaland the upheld by Postmaster the General. trade union which did not godown well with hissuperior. The complainant’s appeal also allegedthatthedifferences were attributed to thefact thathe was amember of a was It dismissal. later MoyalePost and transferto Office his whichin resultedhim with him from service. Hisallegations werehis immediate that supervisordifferences had The complainant allegedthePostal Corporation of Kenya hadunlawfully dismissed He wasHe able to get back Card. hisIdentity referredto Director the of CriminalInvestigations amountedit since to criminala offence. Commission’s scope sinceitwas against a private company, thecomplainant was he sought theCommission’s intervention. Despite thematternot being within the complainant’s efforts to have the matterresolved by other agencies failedwhereupon withheldhis National Card Identity for noreason good despite hisvarious attempts.The of thecomplainant. Itwasuponthat alleged termination of hisservice, theCompany The complaint was against aprivate security company which hadbeen anemployer CASE 22:CAJ/015/1698/31 CASE 23:CAJ/PCK/00123/64/13 CASE 24:CAJ/CID/015/1720/13 charged afresh andadministrative action taken against theState Counsel. termination of thecases. Upon theintervention of theCommission, thetwo persons were connivance between theState Counsel andtheaccused persons which resulted inthe criminalthe proceedings againsttwo accusedpersons. It was therethat alleged was who had the conduct of the matter had unprocedurally and without justification terminated The complaintarose out of acriminalcase inwhichwas it a Statethat alleged Counsel and thecomplainant was paid hismoney. against for having delayed in resolving the same. The Commission inquired into the matter he reportedthe matterto Advocates the ComplaintsCommission which later complained overseen by theLaw Firm. Upon non-settlement by theLaw Firm of thedues of theauction, money was theproceeds of anauction conducted pursuant order to acourt which was a complaint in resolving delay against a private alleged firm of complainant Advocates which had The not settled a sum Office. of money due to him. Law officeThe State an the is within which Commission Complaints Advocates the against was complaint The expeditiously. deed title the with issued was he and Commission the by into inquired was matter The delay. the for insufficient reasons givingwas and deed title his with him issued not still he had submitted all the relevant documents and paid the requisite fees, the Registry had deedfora title thecomplainant’s land. The complainantdespitethat alleged thefact that This wascomplaint a against the Nakuru Lands Registry delay alleging issuancein the of CASE 26:CAJ/AG/001/127/08 CASE 25:CAJ/ACC/001/409/2011 CASE 27:CAJ/M.LAN/022/576/12

33 THE COMMISSION ON ADMINISTRATIVE JUSTICE 34 THE COMMISSION ON ADMINISTRATIVE JUSTICE matter was resolved. beneficiariesother and him to the father’s estate.of The Commission the intervened and and theletters revoked. also He sought theproceeds obtained from theestate granted help from the Commission to first have criminal proceedings instituted against the suspects the estate of thedeceased to theexclusion of himself andothers. He, therefore, sought consent. Resultantly, the ‘’administrators’’ of the estate were now enjoying proceeds from had been forged andtheletters of administration obtainedwithout their knowledgeor the estate of hislate father.his signaturethat alleged He ofthat and hisother relatives forgery, some people hadprocured letters of administration in asuccession cause of This was a complaint by aprisoner whothat, alleged through fraudulent meansand another title. The same was done settled. andthematter giving the circumstances of the loss and undertake to pay any charges required to procureissue of compensation might not arise, the Central Bank was advised to swear an affidavit and compensation from theCentral Bank. Inas much as theCommission agreedthe that had misplaceddeed. thetitle This prompted thecomplainant to seek anotherdeed title the titledeedto thecomplainant andas itlater emerged, theDeposit Protection Fund Central bankdismissed for want of prosecution. Nonetheless, theissue was thereturn of which civil case hadbeen decided infavour of thecomplainant andanappealby the had been litigationbetween incourt thecomplainantand theCentral Bankof Kenya by theDeposit Protection Fund which hadheld itfor aperiod of seventeen years. There This wascomplaint a where the complainant sought to havegivendeed his title back to theservice of theCorporation. reported He for inDecemberand was 2013 duty Commission’sreinstatedcomplainantand the inquiries,matter deliberations the held on of circumstances surrounding the his dismissal. The Corporation’s into internal Disciplinary AppealsCommittee, inquiries upon the made and Corporation the engaged him were untrue andmeant only to end hisservice with theCorporation. The Commission from peoplewho hadpersonal differences with him. allegedthatthecharges He against that he was not accorded afair hearing andthattheproceedings were fraught with bias allegations werehe was that dismissed unlawfully from theCorporation. His complaintwas This was acomplaint from aformer employee of thePostal Corporation of Kenya whose deployed. CASE 30:CAJ/PE/040/141/2013 CASE 29:CAJ/CBK/000/407/2012 CASE 28:CAJ/M.INFO/023/44/2011 corrigendum inboth thedaily newspapers removing theagerequirement. Based on theintervention of theCommission, theNational Aids Control Council put up a asdiscriminated it on thebasis of agecontrary to Article 27(4)of theConstitution. Commission took up the matter and pointed out that the requirement was unconstitutional for theposition wasa person that shouldbetweenbe aged 40 and55 years. The 18th October, 2013 for the position of the Director of the Council.alleging thattheNational Aids Control CouncilOne hadput anadvert intheDaily Nation of of the Commissionrequirements Equality and Gender National the from letter a receivedCommission The complainant was reinstated to service. of theCommission for hisreinstatement to service. The Commission intervened andthe been no response from theMinistryof Finance. He, therefore, sought theintervention he madeefforts to have thematteraddressed andreinstatement to service, but there had 2012.clearancepursuantand acquittalthat furthertohis alleged He charges,the ofall arraigned in court on charges of abuse of office, but he was cleared of all charges in the by theCentral Bankof Kenya on allegations of corruption. stated He he hadbeen that In thismatter, thecomplainanthe hadbeenthat alleged dismissed from service in2004 CASE 32:CAJ/NGEC/018/42/13/VOL.I CASE 31:CAJ/M.FIN/000/452/2012

35 THE COMMISSION ON ADMINISTRATIVE JUSTICE 36 THE COMMISSION ON ADMINISTRATIVE JUSTICE Table 6:Sample of complaints handledby theCommission for theperiod under review. The table below represents asampleof differentcomplaints handledby theCommission 2.4.2 No. CAJ/AG/ 001/127/08 ADM/015/241/08 CAJ/P. AGR/014/4/13 CAJ/KSM/M. CAJ/015/1698/13 IMM/003/90/2013 CAJ/M. FILE REF. NO.

SAMPLE CASES Attorney General Office of the Administration Provincial Research Institute Agricultural Kenya Service National Police Immigration Ministry of RESPONDENT Improper Conduct Administration and in Public Misbehaviour Injustice Administrative Unfair Treatment Abuse of Office Delay OF COMPLAINT CLASSIFICATION against theaccused persons. terminating thecriminal case questionable manner by conducted himself ina Kyalo and2others had Republic vs. Cecilia Mwelu Case Number 38 of 2008, State Counsel inCriminal An allegation thatthe Service. been considered by the against dismissal hadnot Service andthathisappeal dismissed from thePolice complainant was unfairly An allegation thatthe been promoted. qualifications hadallegedly with similaror lesser other hand, some employees 1998-April 1999. Onthe Management inJulyDairy training course on Rural of aone undertaking year Technical Assistant inspite him to theposition of respondent to promote arising from failure by the A Complaint allegingbias hearing. without according her a persons unconditionally the charges against thetwo said police station to drop ordered theOCPD of the Investigations Officer Nairobi ProvincialDeputy Criminal 850,000/= from her but the persons for obtaining Kshs. Police Station against two offence atIndustrial Area she reported acriminal A Complaint allegingthat days’ time. and travel to Canada intwo was to secure her passport her passport (A994940). She delay inthereplacement of ofDepartment Immigration on AComplaint against the COMPLAINT SUMMARY OF Counsel. against action taken administrative afresh and charged persons were the accused and inquiry initiated an Commission The to hisposition. was reinstated complainant andthe inquiry initiated an Commission The Assistant. of Technical to thepost was promoted Complainant Resolved as the rescinded. Officer were Investigations Criminal Provincial of theDeputy the instructions conducted and An was Inquiry she travelled. replaced and her passport able to get complaint was and the InitiatedInquiry ACTION REMEDIAL No. CAJ/KRC/004/100/12 LAN/022/567/12 CAJ/M. CAJ/JUD/001/448/12 CAJ/POL/015/931/09 CAJ/CIVIL/ 10/VOL.1CAJ/CIVIL/ CAJ/AG/001/361/09 IMM/003/51/2012 CAJ/M. FILE REF. NO. Corporation Kenya Railways Development and Urban Land, Housing Ministry of Judiciary Service National Police Attorney General Office of the Attorney General Office of the Persons Registration of Immigration and Ministry of RESPONDENT Official Conduct Unresponsive Delay and Official Conduct Unresponsive Delay and Inefficiency Conduct Oppressive Unfair Treatment Improper Conduct Administration and in Public Misbehaviour Official Conduct Unresponsive OF COMPLAINT CLASSIFICATION complainants. correspondence madeby the KRC was unresponsive to the Further, itwas allegedthat employees who had retired. sum benefits for their former delayed to pay thelump Railways Corporation had A complaint thattheKenya and makingfollow-ups. meeting alltherequirements Kirengero/372 despite land parcel No. Nakuru/ to issue atitledeedfor Lands Registry haddelayed An allegation thattheNakuru by thecourt. a criminal case determined had been used as exhibits in camera andother items that complainant for theloss of failed to compensate the Judiciary (Kisii Court) had An allegation thatthe good reason. towed to their Yard for no KAS 155G which they had vehicle Registration Number release thecomplainant’s hadfailedDepartment to to Nairobi Area Traffic An allegation police attached Attorney General Yeremiah &Another Vs. Civil SuitNo.50 of 98 by theHigh Court inKisumu awarded to thecomplainant failed to settle Kshs. 115,200 of theAttorney-General had A complaint thattheOffice stall theproceedings. Maina Njoroge& 2others to 2008, Republic vs. David criminal case No. 1022 of with theaccused persons in prosecutor hadcolluded An allegation thatapublic meeting alltherequirements. Class Lpermit despite renew thecomplainant’s Services haddelayed to ofDepartment Immigration An allegation thatthe COMPLAINT SUMMARY OF initiated an Commission The issued. title deedwas anda inquiry initiated an Commission The items for thelost Kshs. 45,000 compensated was complainant andthe inquiry initiated an Commission The charges of towing upon payment complainant released to the the vehicle was and inquiry initiated an Commission The settled. the award was and inquiry initiated an Commission The determined. heard and and thematter was appointed, new prosecutor anda inquiry initiated an Commission The issued the permit was and inquiry initiated an Commission The ACTION REMEDIAL retirees. paid to the the money was and inquiry

37 THE COMMISSION ON ADMINISTRATIVE JUSTICE 38 THE COMMISSION ON ADMINISTRATIVE JUSTICE No. CAJ/L.GOV/005/4/08 CAJ/AG/001/179/09 CAJ/AG/000/311/09 CAJ/KRA/000/417/12 IMM/003/52/`2012 CAJ/M. CAJ/NOC/021/71/12 CAJ/AG/001/608/12 FILE REF. NO. Nairobi City Council of Attorney General Office of the Attorney General Office of the Authority Kenya Revenue Persons Registration of Immigration and Ministry of Kenya Corporation of National Oil Attorney General Office of the RESPONDENT Injustice andDelay Administrative Injustice Administrative Unfair Treatment Unfair Treatment Delay Injustice Administrative Official Conduct Unresponsive OF COMPLAINT CLASSIFICATION to hisposition andpay to reinstate thecomplainant Council of Nairobi hadfailed An allegation thattheCity Textile Manufacturing Attorney General &Emirates of 1993, Habib OmarVs. Court inCivil Case No. 730 Senior Resident Magistrate’s complainant by theMombasa beenhad that awardedto the failed to remit Kshs. 93,000 of theAttorney-General had A complaint thattheOffice 376, 117.50. gratuity amounting to Kshs. failed to pay thedeath Trustee inKakamega had A complaint thatthePublic imported. condition, for acarhehad basedduty on hisphysical exemption from paying to grant theComplainant Revenue Authority hadfailed An allegation thatKenya Identity Card.Identity complainant’s lost National delayed inreplacing the of Persons Bureau had ofDepartment Registration A complaint thatthe against thecomplainant. investigated theallegations of aCommittee that follow therecommendations Corporation hadfailed to was further allegedthatthe Human Resource Manual. It law andtheCorporation’s due regard to therelevant the complainant without had unfairly interdicted Oil Corporation of Kenya A complaint thattheNational the complainant. requirements being met by Services despite allthe certificate for Spot Security delayed to issue abusiness of theRegistrar-General had A complaint thattheOffice COMPLAINT SUMMARY OF reinstated. 13th July 2007 thathebe Committee Meeting held on recommendations of theStaff suspension contrary to the forsalary theduration of full. was paid in amount owed andthe inquiry initiated an Commission The full. was paid in death gratuity andthe inquiry initiated an Commission The granted exemption was andthe inquiry initiated an Commission The ID wasID issued. andthe inquiry initiated an Commission The to hisposition. was reinstated complainant andthe inquiry initiated an Commission The issued. certificate was andthe inquiry initiated an the Commission ACTION REMEDIAL to hisposition was reinstated complainant andthe inquiry initiated an Commission The No. CAJ/AG/001/275/09 IMM/001/003/35/10 PCSC/M. AGR/014/85/12 CAJ/M. ADM/015/266/08 CAJ/P. COOP/025/15/2009 PCSC/M. ENV/010/20/09 CAJ/M. FILE REF. NO. Attorney General Office of the Commission Public Service Research Institute Agricultural Kenya Administration Provincial Factory Mweru Coffee Resources and Natural Environment Ministry of RESPONDENT Injustice Administrative Injustice Administrative Injustice Administrative Injustice Administrative Maladministration Delay OF COMPLAINT CLASSIFICATION of theRegistrar-General A complaint thattheOffice court. following hisacquittal by the complainant to hisposition had failed to reinstate the Public Service Commission An allegation thatthe to Alupe Station. his transfer from Kibos Station complainant’s appeal against had failed to forward the Agricultural Research Institute Director of theKenya An allegation thatthe elsewhere. and redeployed theofficers Centre APPost in2008 closed down theIchagaki unreasonably andunfairly in Maragua District had Provincial Administration An allegation thatthe factory. them inemployment atthe theft but continued keeping who were suspected of the action against theemployees managementdid not take any of theincident. Further, the took 10days to inform them the factory management and 23rd June 2008 and were stolen between 22nd that their coffee parchments coffee factory stakeholders A complaint by theMweru Dandora Estate. Kazi kwa Vijana initiative in by thecomplainant inthe Resources for thework done Environment andNatural of dues by of theMinistry An allegation of non-payment COMPLAINT SUMMARY OF made by the complainant. whose application hadbeen Force Security Surveillance, Company known as Special had declined to register a to hisposition was reinstated complainant andthe inquiry initiated an Commission The him. favorable to which was to Kakamega redeployed complainant and the looked into matter was the inquiry initiated an Commission The posted new officers and re-opened AP Post was andthe inquiry initiated an Commission The their actions. accountable for were held and theworkers compensated had been stakeholders resolved- the Successfully dues were paid their Complainants andthe inquiry initiated an Commission The ACTION REMEDIAL registered. Company was andthe inquiry initiated an Commission The

39 THE COMMISSION ON ADMINISTRATIVE JUSTICE 40 THE COMMISSION ON ADMINISTRATIVE JUSTICE No. CAJ/PA.DM/015/1301 AG/001/1/13 CAJ/KSM/ LAB/017/1/13 CAJ/KSM/M. AG/001/399/11 PCSC/ KPLC/021/1/13 CAJ/KSM/ CAJ/NCC/347/2012 NCC/005/178/10 CAJ/ FILE REF. NO. Government of National Co-ordination Interior and Ministry of Kakamega Public Trustee Labour Ministry of Attorney General Office of the Company & Lighting Kenya Power Nairobi City Council of Company and Sewerage Nairobi Water RESPONDENT Manifest Injustice Delay Unfair Treatment Injustice Administrative Injustice Administrative Unfair Treatment OF COMPLAINT CLASSIFICATION Official Conduct Unresponsive Delay and Public Trustee Kakamega. Pensions to the Department had been released by the Hosea (Deceased) which on account of Hilda Nyota payment of pension benefits A Complaint allegingnon terminal dues. complaint for payment of his Labour Officer to resolve his by theKisumu County A Complaint allegingdelay 484.60. amounting to Kshs. 242, deceased husband gratuity for thecomplainant’s failed to pay thedeath Trustee inKakamega had A complaint thatthePublic County. water supply inUyoma Siaya affecting their operations of their power supply thereby had ledto disconnection of electricity charges which A complaint allegingunfair 20,000. allowance amounting to Kshs. paid thesoap anduniform Council of Nairobi was never who worked for theCity complainant’s late mother An allegation thatthe follow-ups on thesame. rectify theanomaly despite the Company hadfailed to long before, andfurther that house thatshehadvacated a complainant water bills for a continued to send the Sewerage Company Nairobi Water and An allegation thatthe COMPLAINT SUMMARY OF February 2012. in Tigani West District since location, Karama Division Assisitant chief of Karama James Mukubio Kibwithia as effecting appointment of Mr. Allegations of delay in Kakamega. Trustee the Public was paid by complainant inquiry, the Upon in writing acknowledged which heduly complainant the dues to the payment of closed upon file was The inquiry full. was paid in death gratuity andthe inquiry initiated an Commission The an agreement parties reached held andthe meeting was a mediation resolved after The matterwas allowance were paid the dependants andthe inquiry initiated an Commission The resolved. the matterwas and inquiry initiated an Commission The ACTION REMEDIAL to theposition. was appointed complainant and the inquiries Initiated No. VOL.1 POL/015/1538/13/ CAJ/ POL/015/13/13 CAJ/KSM/ LAB/017/4/13 CAJ/KSM/M. JUD/001/7/13 CAJ/KSM/ AGR/014/5/13 CAJ/KSM/M. NGO/076/1/13 CAJ/MSA/ KRA/000/374/2012 CAJ/ FILE REF. NO. Service National Police Service National Police Security Fund National Social Judiciary Research Institute Agricultural Kenya Board ordinations NGO Co- Authority Kenya Revenue RESPONDENT Inefficiency Official Conduct Unresponsive Delay Delay Unfair Treatment Delay Official Conduct Unresponsive OF COMPLAINT CLASSIFICATION was assaulted by persons A complaint allegingthathe area. increased insecurity inthe crime inthearea dueto the Kisumu County isabetting OCS Kondele Police Station, A complaint allegingthatthe Number is041891147 Securities Limited. His NSSF in employment atModel which hewas paying while Security Fund to pay hisdues by theNational Social A complaint allegingdelay SRMCC 325 of 2008. the determination of Winam A complaint allegingdelay in promoted. qualifications to her’s were qualifications or lower Individuals with thesimilar post of Technical Assistant II. treatment inpromotion to the A complaint allegingunfair but invain. all therequisite documents 2013 after having tendered for Life Foundation sinceearly an NGOknown as Friends a certificate of registration for she hadbeen trying to obtain A Complainant allegingthat benefits. loosing allhisterminal of gross misconduct thereby in April 1998 on grounds Revenue Authority sometime dismissed from theKenya complainant thathewas Allegations by the COMPLAINT SUMMARY OF arrested. to have thesaid persons had failed to take action Siaya County but thePolice K’ogelo Police Station in reported theincident to well known to him. He the area in insecurity in led to adecline and thishas said station posted to the new OCS was Resolved as a his bank. dues through was paid allhis Resolved as he accordingly. updated and shewas June 2013 delivered in the case was the ruling to Resolved as Assistant. of Technical to thepost was promoted complainant Resolved as the the certificate. was issued with Complainant and the intervened Commission The in lieu of notice months’ salary paid three complainant service andthe termination of was to lifted The dismissal conducted. and mediation was initiated An inquiry ACTION REMEDIAL 638/07/2013. file No. 2013, police No. 134 of Criminal Case charged in arrested and persons were the accused Upon inquiry,

41 THE COMMISSION ON ADMINISTRATIVE JUSTICE 42 THE COMMISSION ON ADMINISTRATIVE JUSTICE No. CAJ/JUD/001/537/13 POL/015/1570/2013 CAJ/ CAJ\KRC\004\116\13 CAJ\KRC\004\116\13 POL/015/1543/2013 CAJ/ CAJ/IEBC/056/234 ADM/015/1610/2013 CAJ/P. POL/015/1532/2013 CAJ/ FILE REF. NO. Judiciary Service National Police Corporation Kenya Railways Service National Police Commission Boundaries Elections and Independent Internal Security Administration & Provincial Ministry of Service National Police RESPONDENT Delay Official Conduct Unresponsive Delay Official Conduct Unresponsive Official Conduct Unresponsive Delay Inefficiency OF COMPLAINT CLASSIFICATION Cause No. 1312of 2012, Judiciary to hearanIndustrial A complaint of delay by the armed Police Officers. persons inthecompany of 2012 invaded on by several premises on 22nd October invasion of thecomplainant’s No. 15/24/12 following an Station andrecorded as OB reported to Molo Police had failed to on acomplaint A complaint thatthepolice follow-ups. since 2007 despite several Fredrick Karimi duesGathogo complainant’s late husband delayed to release the Railways Corporation had A complaint thatKenya 2012. in Traffic Case No. 6346 of son who hadbeen charged of thecharges against his complainant thecharge sheet had refused to give the Shauri Moyo Police Station A complaint thattheOCS, without success. of Mkenya Solidarity Party his namefrom theregister several occasions to remove requested therespondent on An allegation thathe of 2008 proceed. a Succession Cause No. 489 list of beneficiaries to enable County, to provide acertified Sang’alo Location Nandi failure by theArea Chief, An allegation regarding repossessed by theowner. when thismotor vehicle was fraud of theseller on thepart but hesuspected there was individual for Kshs 250,000 a motor vehicle from aprivate the complainant hadbought investigate where amatter by thepolice to adequately A Complaint allegingfailure COMPLAINT SUMMARY OF Kaluworks Limited Paul Onyango Odhiambo Vs in court. and arraigned were arrested the suspects intervened and Commission The complainant. released to the the dues were initiated and Inquiry sheet. with thecharge was issued complainant and the intervened Commission The closed. resolved, File The matterwas documentation supporting as well as other provided thelist Area Chief duly resolved as the The matterwas charged. arrested and subsequently the seller was closed since file Inquiry ACTION REMEDIAL hearing. was fixed for and thematter Ombudsperson to theJudiciary Matter referred No. LAN/022/668/2013 CAJ/M. KENHA/006/36/2013 CAJ/ VOL.1 IMM/003/91/13/ CAJ/M. VOL 1 CAJ/AG/001/525/13. CAJ/PCK/0123/64/13 VOL.1 JUD/001/553/13/ CAJ/ FILE REF. NO. Development and Urban Lands, Housing Ministry of Authority Highway Kenya National Persons Bureau Registration of Civil Registration ofDepartment Kenya Corporation of Postal Judiciary RESPONDENT Delay Delay Delay Unfair Treatment Unfair Treatment Maladministration Inefficiency and OF COMPLAINT CLASSIFICATION in Makuyuni Adjudication division of his Plot No. 953 application for thesub- to process thecomplainant’s Land Registry haddelayed Registrar of Kibwezi District An allegation thattheLand Bypass. the construction of Kisumu Kanyakwar ‘A’/1552 for Kisumu/ acquisition of hisplot No. 221,317 following the the complainant Kshs. had delayed incompensating National Highway Authority A complaint thattheKenya Rahma Hanif, since2011. the complainant’s daughter a National Card Identity to Centre, hadfailed to issue Registrar of Persons, Kariokor An allegation thatthe lack of certificate. abirth exams theprevious year for an orphan who hadmissed IDs. The complainant was bring hisparents national certificate birth for failure to School inNairobi, with a a student atJamhuri High to issue thecomplainant, Nairobi County, hadfailed Registration Department, A complaint thattheCivil Central Region. Human Resource Officer Meru County andRegional the Controlling Officer in personal differences between the dismissal was dueto the complainant allegedthat complainant from work. The had unfairly dismissed the Corporation of Kenya A complaint thatPostal State Counsel. a student intern acting as the trial was being conducted by Registry andfurther thatthe the Mombasa High Court 22 of 2011went missing in Njoroge Githuthe HCCR No. file for Republic vs Francis An allegation thatthecase COMPLAINT SUMMARY OF since April 2009. Section inKibwezi District money. was paid the complainant andthe inquiry Initiated an ID wasID issued. andthe inquiry Initiated an certificate. with abirth was issued Complainant and the intervened Commission The to hisposition. was reinstated complainant andthe inquiry initiated an Commission The case. assigned to the Counsel was a new State In addition, reconstructed. file was and anew Ombudsperson the Judiciary was referred to The matter ACTION REMEDIAL ongoing. the matteris inquiries and initiated Commission The

43 THE COMMISSION ON ADMINISTRATIVE JUSTICE 44 THE COMMISSION ON ADMINISTRATIVE JUSTICE No. CAJ/KWS/010/66/13 POL/015/1514/2013 CAJ/ ADM/015/1547/2013 CAJ/P. LAN/022/657/2013 CAJ/M. ADM/015/1604/2013 CAJ/P. FILE REF. NO. Service Kenya Wildlife Service National Police Ministry of Lands Administration & for Provincial Ministry of State Development and Urban Lands, Housing Ministry of Administration Provincial Security and for Internal Ministry of State RESPONDENT Abuse of Power of Abuse Official Conduct Unresponsive Delay and Abuse of Office Inefficiency Abuse of Power of Abuse OF COMPLAINT CLASSIFICATION shoot him. sending hisofficial driver to intimidate thecomplainant by officer used his office to it was allegedthatthesaid complainant’s wife. Further, Service eloped with the Officer atthe Kenya Wildlife Baraza Otunga, aSenior A complaint thatMr. Maurice documents. necessary information and been provided with allthe the Investigating Officer had It was further allegedthat OB No. 36/29/08/2011. fraud reported to them as to act on acomplaint of Kasarani hadfailed DCIO An allegation thatthe taken no action. with theofficers, but they had that hehadraised theissue complainant further alleged was inhospital. admitted The Kwabuga Atuya (deceased) while theowner Rebecca Moris Kipkoech Chepkwony irregularly transferred to 321 inKamara/Chesupeno colluded to have Plot No. in Nakuru County had Chief of Kamara Location Officer together with the District Land Settlement A complaint thatNakuru office. and officers were rarely inthe take as long as one month alleged thatvaluation would Embu Land Registry. Itwas the delivery of services atthe A complaint of inefficiency in from their mother. Plot No. 4, thatthey inherited complainants from their land, to unlawfully evict the that hewas using hisoffice Location, Nyandarua County Sub-Location, Nyakio Assistant Chief of Karangatha A complaint against the COMPLAINT SUMMARY OF action. Police first for report to the advised to complainant The ongoing the matteris and inquiry Initiated an ongoing the matteris and inquiry Initiated an ongoing the matteris and inquiry Initiated an ongoing the matteris inquiries and Initiated ACTION REMEDIAL No. CAJ/LI/8/7/2013 /013/385/2013 CAJ/HELB LAN/022/728/13 CAJ/M. LAN/022/720/13 CAJ/M. AG/001/709/2013 CAJ/ POL/015/1579/2013 Anonymous CAJ/ POL/015/1694/2013 CAJ/ FILE REF. NO. State Officer Loans Board. Higher Education Development and Urban Land, Housing Ministry of Development and Urban Land, Housing Ministry of Attorney General Service National Police Service National Police RESPONDENT Conduct Unlawful Official Abuse of Power & Unfair Treatment Conduct Unlawful Official Official Conduct Unresponsive Injustice Administrative Delay and Maladministration Official Conduct Unresponsive OF COMPLAINT CLASSIFICATION the law by holding two public George Muchai hadviolated A complaint thatHon. in March 2013. post intheGeneral Elections enable himrun for anelective Clearance Certificate to the complainant with a had refused to issue A complaint thatHELB No. 2761 of 1994. Court inNairobi Civil Suit and 1694 as ordered by the Nyahururu/Oloragwi/ 1693 Complainant Land Parcel No. failed to transfer to the Registrar, Nyahururu had An allegation thattheLand relevant authorities. him lodgeaclaim with the (formerly 225) to enable of 1993 for Parcel No. 775 of theold Demarcation Map the complainant with acopy District for failing to furnish SettlementIgembe Officer in District Land Adjudication & A complaint against the him on 11thJune 2012. the same being served upon No. 1185 of 2003 despite in Nairobi Misc. Application complainant was awarded 8,845,405.14 thatthe a decretal sumof Kshs. General hadfailed to remit A complaint thattheAttorney the OCPD. knowledge of theOCS and for thelast 6year with the had been acting as anofficer Eldoret Police Station and as PC Pius Tum, 52570 in was aghost officer known An allegation thatthere against theperpetrators. failed to take any action Officer atMakueni who had Criminal Investigations was madeto theDivisional report on thesame incident 27/13/5/2011. Afurther to itandrecorded as OB a report thatwas made Station failed to investigate at Sultan Hamud Police A complaint thatthePolice COMPLAINT SUMMARY OF Industrial Training Authority Chairperson of theNational Constituency andas theVice- of Parliament for Kikuyu from them; as aMember offices anddrawing benefits HELB loan. serviced the had not complainant merit as the lacked The complaint ongoing whichinquiry is Initiated an ongoing whichinquiry is Initiated an ongoing. which is Initiated inquiry Commission. Police Service to theNational been addressed Matter had ongoing the matteris and inquiry Initiated an ACTION REMEDIAL ongoing whichinquiry is Initiated an

45 THE COMMISSION ON ADMINISTRATIVE JUSTICE 46 THE COMMISSION ON ADMINISTRATIVE JUSTICE No. VOL.1 CAJ/PAR/045/5/13/ Anonymous CAJ/AG/001/542/13 CAJ/CBK/000/502/13 PSC/016/53/2013 CAJ/ FILE REF. NO. Parliament Government of National Co-ordination Interior and Ministry of Kenya Central Bankof Commission Public Service RESPONDENT Criminal Act Delay Abuse of Power of Abuse Maladministration OF COMPLAINT CLASSIFICATION March 2013. General election of 4th nomination inthelast for thepurpose of obtaining Agriculture and Technology Jomo Kenyatta University of purportedly issued by the forged academic certificates Hon. MainaKamanda. MP A Complaint allegingthat 15th June 2013. Moi, thatwas awarded on General andDaniel T. Arap Mak’Onyango vs Attorney- HCCC No. 845/03, Otieno complainant inNairobi High Court infavour of the to settle anaward by the of Interior haddelayed A complaint thattheMinistry to 16thJuly 2010. currency andbackdated them alleged thatCBKhadprinted Constitution. itwas further currency inlinewith thenew power by failing to print new Bank of Kenya hadabused A complaint thattheCentral Service. led to stagnation within the alleged thattheinaction had positions. Itwas further of Prisons and32 senior Commissioner General positions included theDeputy by theMadoka Report. The had been recommended Kenya Prisons Service as to vacant positions inthe failed to appoint officers Service Commission had A complaint thatthePublic COMPLAINT SUMMARY OF ongoing. which isstill Initiated inquiry ongoing whichinquiry is Initiated an ongoing whichinquiry is Initiated an ongoing whichinquiry is Initiated an ACTION REMEDIAL 2.8

SAMPLE LETTERSOFAPPRECIA TION

47 THE COMMISSION ON ADMINISTRATIVE JUSTICE 48 THE COMMISSION ON ADMINISTRATIVE JUSTICE 49 THE COMMISSION ON ADMINISTRATIVE JUSTICE 50 THE COMMISSION ON ADMINISTRATIVE JUSTICE 51 THE COMMISSION ON ADMINISTRATIVE JUSTICE 52 THE COMMISSION ON ADMINISTRATIVE JUSTICE 53 THE COMMISSION ON ADMINISTRATIVE JUSTICE 54 THE COMMISSION ON ADMINISTRATIVE JUSTICE conducted investigations on thefollowing systemic issues. on complaints received by iton suo motubasis. Pursuantto strategy, this theCommission mechanisms to improve service delivery. The Commission also conducts investigations investigations seek to identify theunderlying weaknesses and recommend redress system, procedures andprocesses inaninstitution which affect service delivery. The public sector.Systemic investigations relate to issuesare that inherentstructure,in the of investigations on systemic issues to enhance responsiveness andaccountability inthe One of thestrategies adoptedby theCommission to realizemandate this the conduct is conduct. unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official in public administration inany sphere of Government inregards to abuse of power, of theAct8(a-c) to investigate any conduct instate affairs or any act or omission The Commission isempowered under Article 59(2)(h-k) of theConstitution andsection 2.9.1 2.9 iv) iii) ii) i) The mainfindings of theinvestigations were as follows: FINDINGS OFTHEINVESTIGATIONS Administration who have akey role intheprocess of issuing vital documents. ofthe Department Immigration Services. The investigations also involved theProvincial the documents by of the Department Civil Registration, National Registration Bureau and informed by the significant number of complaints lodged by the public on national the issuance passes, of identity permits, cardand citizenship) by passports, various the State Departments. The investigations certificates, were death and (birth documents vital of The Commission conductedinvestigations intosystemicthe issues inherentissuancethe in INVESTIGATION 1:SYSTEMICISSUESINTHEISSUANCE OFVITAL

Inaccessibility of the offices in some counties due to their vastness and lack of and vastness to their due transport to thetowns where counties theoffices are located some in offices the of Inaccessibility public. ineffective –there were instances of delay or inaction on complaintsby lodged the The complaints handling mechanisms within were theDepartments weak and documents. vital documents which ultimately affected thetimely processing andissuance of the There was lack of awareness about the application procedures and requirements for inefficiency. The issuanceof vitaldocuments was characterized by delays,corruption and

INTRODUCTION SYSTEMIC INVESTIGA DOCUMENTS TIONS ANDRESEARCH

55 THE COMMISSION ON ADMINISTRATIVE JUSTICE 56 THE COMMISSION ON ADMINISTRATIVE JUSTICE i) The following are some of themainrecommendations of theinvestigations. RECOMMENDATIONS vii) vi) v) viii) vii) vi) v) iv) iii) ii)

of other vital documents such andpassports. as IDs certificates to minimize instances of non-registration and irregular or illegal issuance The Government should enforce registration mandatory of births and issuance of and efficiency. and inter-linkages thereby decentralizing theservices andenhancing accessibility issuance of vital documents. This would also create inter-departmental networking Population Integrated Registration System the to minimize thepossibilities of of fraud andirregular implementation or multiple full and facilities, and equipment acquisition of including Departments, the in infrastructure improve to need is There without dueregard to qualifications andcompetencies. inadequate office space, low remuneration and deployment offacilities,working staffresources and inadequate in of challenges wrongfaced Departments sectionsThe Administrators inthedelivery of services relating to issuance of vital documents. There were instances of bribery,absenteeism unresponsivenessand by theProvincial Departments, which affected service delivery There was widespread cases of lateness and absenteeism involving the officers in the to ensure prompt andeffective resolution of complaints from thepublic. The complaints handlingmechanisms within should theDepartments bereactivated requirements for issuance of vital documents importance. There isneedto intensify civic education to thepublic on theimportance and auditing, vetting andmonitoring. The should Departments ensure strict supervision of staff through regular inspections, welfare programmes. services such as through hiring, training andimplementation of appropriate staff There isneedto enhancethe capacity andbuild of to deliver theDepartments who act as ‘brokers’ intheissuance of thevital documents. against officers found culpable of corruption and other malpractices, and individuals There isneedfor strict enforcement of thelaw, including taking disciplinary action some counties to enhance accessibility. issuanceof vital documents. This coulddecentralizedbe to thedivisional levels in There isneedto establish aone stop shop for dealingwith theDepartments the The findings and recommendations on the four areas were as follows: FINDINGS ANDRECOMMENDATIONS allegations were substantiated by theinvestigations. as satisfactorily responded to by theDirector of KIE. Ontheother hand, four of the allegations the of five found allegations the into Commission the investigationsbyThe Team’s Evaluationthe recruitment of relatives. Book 2006 the to accommodation; relating misuse of reserve malpractices account funds; borehole;and nepotism and favouritism a through of drilling against Dr. Maria Nzomo, Director of KIE, includingabuse of power inrelation to Development).The complaint,which wasanonymously, lodged raised nine allegations abuse of power attheKenya Institute of Education (now theKenya Institute of Curriculum The Commission conducted investigations into allegations of mismanagement and INVESTIGATION 2:ALLEGEDABUSEOFPOWERBY THE DIRECTOR, • • The Commission recommended as follows: 120 participants. second lowestbidder when Hotel Le Soilel indicatedinabilityits to accommodate the Tender Committee inawarding thecontract to Mombasa Beach Hotel which was the The investigations also revealed thattheDirector of KIE had usurped thepowers of the was no proper maintenance of recordsaccountsand exercisein the contraryto law. the Book Evaluators from Hotel Le Soilel. However, theinvestigations revealedtherethat had received one million shillings from theSunNSand Hotel inorder to transfer the KIE of Director the that confirming evidence no was there that found Commission The a) •

2006 BookEvaluationTeam of the Allegation ofmalpracticesrelatingtotheaccommodation ould transparency andcompetition intheprocess. in relation to duediligence andinternal procurement mechanisms to ensure and KIE ensure transparency, accountability andparticipationaspects inall of management. IE ManagementAct, andto thisend keepproper records andbooks of accounts, and f managementunder Chapter Twelve ofConstitution the Publicthe and Finance The enya no accounts The

evidence sh K K

o Manage

Nati s was trictly IE

t o onal

submitted

ment a co scertain KENYA INSTITUTEOFEDUCATION mply A

udit sh

ould

to w the Office ith

establish

ac adhe the tual

sh P re

ould ublic pa

the and yment

50 car Pr ocurement

ob percent ry

made

serve o ut

an o payment the

Mo and a

udit mbasa pr

inciples Dis

by o posal f

KIE. Beac the

o boo A h f

ct, Ho financ ks

tel, 200

and

ial a 5 s

57 THE COMMISSION ON ADMINISTRATIVE JUSTICE 58 THE COMMISSION ON ADMINISTRATIVE JUSTICE • The Commission recommended that: information to theCommission by denying their relationship with theDirector of KIE. Further, theinvestigations revealed thatMrs. Mwangi andMr. Anampiu gave misleading Regulations, 2006. of Code Officer’s Public the under Conduct of Rules the of EthicsGI section and Officer 2003,Act, Public the of 12(1,3-6) section to regard due without KIE at Brother) – her siblings (Mrs. Mercy Kaembe Mwangi –Sister andMr. Charles Mwambia Anampiu The investigations revealed thattheDirector hadselectively andunprocedurally recruited b) was also found thattheaccounts hadbeen opened without theexpress consent of KIE upon maturity was not known thereby creating on theaccrueduncertainty interests. It deposit accounts and the progression on each fixed depositfixed account the roll-oversasfor itthe on recordswasproper of rolled-overlack particular,was thereIn accounts. benefited from the Reserve Accounts, there were malpractices in the management of the The Commission foundwhereas that there was no evidencethe Director that had d) • processing new ones thereby makingerrors on theface of thepermits. ManagementAuthority often ‘cut pasted’and contentsthe of previousthe permits while However, inrelation to theallegation, theCommission foundthe Water that Resources the allegation thattheDirector hadreceived abribe to issue aLocal Purchase Order. with thePublic Procurement andDisposal Act. Italso found no evidence to support The investigations found thatthetender for thedrilling of aborehole was done inline c) • • •

should ensure proper documentation intheprocessing andrenewal of permits. The Commission recommendedWaterthe that Resources ManagementAuthority relationship with theDirector. Justice Act for giving falseinformation andmisleading to theCommission on his Mr. Anampiu beprosecuted under section 52 of theCommission on Administrative as their recruitment was irregular andimproper. The KIC Council should retire both Mrs. Mwangi andMr. Anampiu inpublic interest ector recruitment process. recruitment The Allegation ofAbuseOffice,NepotismandFavouritism Allegation ofDepletiontheReserve Account IE Allegation ofBriberyin the issuance of Tender to Drill a Borehole uture, Article 10and232 of theConstitution. In

Dir

sh f

sh r ould elatives ould

e rite

nsure at

a the

Ins tter thnic titute

o f

and a

pology and

r egional

f ailing

t o

the

t balance o

C dis hairman close

f co

its o nflict f

s K taffing IE

o o f n

the

terest in

line ir regular

the ith

• under theConstitution andtheCommission on Administrative Justice Act. Mr. of conduct The Kimotho information.amounted to for unresponsive requests official disregarded conduct and further discourtesy, and whichinvestigators, are actionable Director for Media andExtension Services, demonstrated utter discourtesy to the During theinvestigations, theCommission noted thatMr. John Kimotho, Senior Deputy e) in fixed deposit accounts and regularly disclosing allbankaccounts to the Council. The Director shouldcomply with thelaw by seekingauthorization of KIE Council to invest held by KIE to ascertain themanagement of theaccounts The Kenya National Audit Office should carry out an audit on all fixed deposit accounts Council as required by law. The Commission, therefore, recommended as follows: i. The findings of theinvestigations were as follows: FINDINGS FINDINGS ANDRECOMMENDATIONS the at facility.officers prison by tortured been had in-mate the allegations, the to According ofdeath aRwandese in-mate, Cyiza Desire,the Kericho at GKMainPrison inJuly 2013. subsequent and torture of allegations investigationsthe Commissionlaunchedinto The INVESTIGATION 3:ALLEGEDTORTURE ANDDEATH OFANINMATE • over 12months to date. of Curriculum Development Act,which 2013 cameinto operation inFebruary- 2013 recruiting a Director of the KICD as required by sections 14 and 15 of the Kenya Institute The Commission also noted thattheKIE Council hadfailed to initiate theprocess of to improper andunlawful conduct andabuse of power by theDirector. the malicious letters andthemotive behind their circulation.’ This act, initself, amounted authors of the Investigationsestablish Criminal ‘to fromOfficers Senior the Department have reported thematterto theCommission. This was done through theinvitation of It was also established thattheDirector hadsought to intimidate thestaff who might

Kimotho for hisconduct. Accordingly, Unresponsive andunlawfulOfficialConductDiscourtesy There was no confirmation or disapproval of the allegations of torture. According to initiate Accordingly,

the

process

the the

C ommission

of ommission AT KERICHO MAINPRISON

recruiting

r ecommended

r a ecommended

new

Director

that

that of

the

KICD

K the IE

C as K ouncil IE

required

C ouncil

sh ould

immedi the utions

law.

ately Mr .

59 THE COMMISSION ON ADMINISTRATIVE JUSTICE 60 THE COMMISSION ON ADMINISTRATIVE JUSTICE RECOMMENDATIONS v. iv. iii. ii. fated Bus, incompetence of thedriver, overloading, un-roadworthiness andspeeding of focused on, inter alia, theallegednepotism andirregular hiring of thedriver of the ill- other forms of omission or commission by the concerned public officers. the investigationsinvestigate whether the accident was caused by issues of inefficiency, incompetence and School Bus inMaraniDivision of KisiiCounty. Inparticular, theCommission soughtto The Commission launched investigations intoaccident the involving Rioma Secondary INVESTIGATION 4:RIOMABUSACCIDENT v. iv. iii. ii. i. The Commission, therefore, recommended thefollowing:

and take appropriate action based on thefindings. The National Police Service shouldconclusively andpromptly investigate thematter in isolation for recording statements with thepolice was supported by areport thatfour hadbeen victimized in-mates by detaining them There were reportsof torture, inhumandegradingand treatmentfacility.the at This in fact hewas taken to hospital using ataxi. taken to hospital in the official prison vehicle, Registration Number GK A349S, while and false information to theCommission by knowingly stating thatthedeceased was Senior SergeantPanaito OnyangoJoseph and CheruiyotKiprotich (driver) misleading hospital. to take him to taxi cab a get to wascriticallydeceasedofficers had the ill,and There was no official motor vehicle at the Prison on the night of 4th July 2013, when prompt medical attention to thedeceased on thenight of 4thJuly 2013. The officers had breached their duty of care by delaying to respond, offer or facilitate the pathologists’ report, thecause of thedeathwas pneumonia. the basic minimum standards on thetreatment of prisoners. and rights human on trained be Prisonshould the Main Kericho at GK officers The kin intheevent of emergencies. upon beingto committed theprisons to ensure easy communication withtheir next of The KenyaPrisons Serviceshould improve documentationthe of particulars of inmates day ofthe the material on incident, Prison andalso allegations of torture anddegrading treatment Main atthefacility.at Kericho vehicle prison official the of The Commissioner-General of Prison should investigate theallegations of unavailability giving false andmisleadinginformation to theCommission. prosecuted under Section 52 of theCommission on Administrative Justice Act for Senior Sergeant Panaito Onyango andJoseph Cheruiyot Kiprotich should be iv. iii. ii. i. The mainfindings of theinvestigations were the following: FINDINGS FINDINGS ANDRECOMMENDATIONS next of kinof those who died intheaccident. the Bus, unresponsiveness of the traffic police and compensation for the injured and the iii. ii. i. Based on thefindings, the Commission recommended that: RECOMMENDATIONS vi. v.

students to compete for them inthefootball competition. Tambacha School Secondary hadacted unlawfully andunethically by hiring non- the Basic Education Act, 2013. collection of funds to beapproved by theEducation Cabinet Secretary inlinewith down procedures laid the require that the follow not District did EducationOfficers implementation of co-curricular activities. Inaddition, theSchool Management and There was lack of proper mechanisms to monitor theorganization, funding and with thelaid down Regulations. have been lostif each school hadhiredown its transport or there was compliance Six schools hadhired theBus to transportthe students to thegames. Few lives would have authentic endorsement for Class ‘A’ on hisDriving License. The driver of theBus was inexperienced andincompetent to drivesince hedid it not The recruitment process of thedriver of theill-fated Bus was unprocedural. and involving non-students inco-curricular activities for their schools respectively. SchoolSecondary andTambacha School Secondary for misusing theschool vehicle The Teachers Service Commission should take action against theprincipals of Rioma School Bus. RulesSafetythe underManual while Safety Transportation the observe to failing for Officer Standards and Assurance The Ministryof Education should take action against theMarani District Quality activities. at thedevolved levels. The Ministryshould also increase funding for co-curricular Boards inaccordancewith the Basic Education Actto education manage affairs The Ministry of Education should ensure theestablishment of County Education were limited interms of accessibility andeffectiveness. The Government Vehicle Inspection Unit was not decentralized hence itsoperations f agging off the overloadedoffthe agging Rioma Secondary

61 THE COMMISSION ON ADMINISTRATIVE JUSTICE 62 THE COMMISSION ON ADMINISTRATIVE JUSTICE ute, s Bkr algd ht h rpre a usqet inpig f h same the minor attheSoweto of Police kidnapping Station on 12 subsequent a reported she that alleged Bakari Ms. Further, Nairobi Women Hospital which revealed thatshehadbeen sexually assaulted. iii. ii. i. The investigations of theallegations revealed thefollowing: FINDINGS FINDINGS ANDRECOMMENDATIONS olddaughter reportedto them on 23 year 14 her of defilement of case a in action take to failed Kayolehad PoliceStation The Commission launched investigations into allegations by Ms. FatumaBakari that INVESTIGATION 5:ALLEGEDINACTION BYPOLICEFROMKAYOLE vii. vi. v. iv. by thepolice.

could not betraced. The failure to execute the warrant resulted inthecharges being In spite of this, thepolice failedto execute thewarrant on theallegationhe that However, heabsconded theCourtand awarrant of arrestwas issuedagainst him. arraigned with incourt theoffence of creating disturbance on 25th October 2011. and recorded2011 vide OBNo. 29/12/9/2011.The suspectwas arrested and and exhibited A complaint of kidnapping was reported atSoweto Police duties Station on 12thSeptember in their failed Maithya, and unresponsiveness Cheruiyot, andinefficiency Ruth inhandling thematter. Wilson Officer, Mr. Investigating Station, the Commanding Officer Kayole the Lubisia, Moses Mr. Division, Police Commanding Officer Kayole then the from police The take action on thematter. at 7.30 p.m. andrecorded vide OBNo. 78/23/08/2011,but thepolice failed to at defilement was Kayoleofreported report A Police Station on 23rd 2011 August making recommendations on control andmanagement of road accidents Kenya. the systemic andhuman factors thatcontribute to road accidents with aview to The National TransportSafetyand Authority should undertake an investigation into the ill-fated Bus for forging the endorsement of Class ‘A’ stamp on his Driving License.The National Police Service should investigate andtake action against thedriver of motor vehicle inspection services countrywide. The Government Vehicle Check Unit should consider effective decentralization of with theBasic Education Act. follow Regulations andseek approval to collect funds from parents inaccordance The School Principals, Boards of Managements andDistrict Education Boards should AND SOWETO POLICESTATIONS rd AugustThe2011. minor was examinedthe at th September 2011, but no action was taken Based on theabove findings, the Commission recommended the following: RECOMMENDATIONS v. iv. them to bask inthesunby thePrison Authority. focused onnon-payment thealleged of prisoners for thework done, andfailure to allow land belonging to Machakos G.K. Prison by private developers. The investigations also The Commission conducted investigations into theallegations of encroachment on the INVESTIGATION 6:ALLEGATIONS OFENCROACHMENT ONTHE iii. ii. i.

a lesser charge of creating disturbance instead of kidnapping against thesuspect. prefer to officer investigating the ordering by power of abuse and negligence for Mr. Julius Mwamrizi, presently stationed at Londiani Police Station in Kericho County, action should be taken against the then Officer Commanding Soweto Police Station, responsiblethe officers complaints. the negligence act for and on to failing Further, The National Police Service Commission should take disciplinary action against recorded andinvestigated.are properly received complaints that ensure to Station Commanding Officer the requireswhich orders StandingForce the of 2(10)(iii) Chapter contraventionof in to officers investigating the change thecharges from instructing kidnapping to creatingdisturbance. Accordingly, in heacted erred Mwamrizi Julius Inspector Chief the delay infinalizing it. addition, hewent on leave after being assigned thematterthereby contributing to in disturbance andalso misplaced allthestatements hehadrecorded Mwadime inthematter. In Samuel Cpl. Officer, Investigating carryingout his duties he booked since suspectthe for lesser a the offence of creating by negligence was There 2012. withdrawn under section 87(a) of theCriminal Procedure Code on 27th March investigations to ensure that investigating officers expeditiously conclude the conclude expeditiously officers investigating investigations on matters reported that to them. ensure to investigations The Inspector General of Police should develop guidelines and timeframes for based on thefindings. to promptly andconclusively investigate thematter and take appropriate action The Nairobi County Police Commander should assign another team of investigators RELATED MATTERS LAND FORMACHAKOS GK PRISON ANDOTHER

63 THE COMMISSION ON ADMINISTRATIVE JUSTICE 64 THE COMMISSION ON ADMINISTRATIVE JUSTICE • • • as recommended Commission the Accordingly,follows: done. work equal for pay equal of prison.Moreover, prescribedthe rate ofcents 10 daily was too low to meetthresholdthe The Commission foundthat prisoners wereno longer paidfor work the done whilein ii. c) b) a) i. The mainfindings of the Commission were the following: FINDINGS ANDRECOMMENDATIONS • • Accordingly, theCommission recommended that:

Prison Service andshould beused to pay prisoners for thework done. of theproductsof thePrison Industries. The Fundshould bymanaged be theKenya SpecialA Fund establishedbe fundedand from revenuethe generated from salethe done. The Commissioner Generalof Prisons shouldensure prisonersthat arepaid for work (i) of thePrisons Act andsections 19and20of thePrison Rules. reviewing thepaymentto prisoners for workdone inaccordancewith section 74(1) The Ministryof Interior andCo-ordination of National Government should consider Non-Payment ofPrisoners onal acquired by theKenya Prison Service andinitiate theprocess of recovering theirregularly The Law Court befast tracked. The hearing anddetermination of Civil SuitNo. 33 of 2008 pending before Milimani transferred to Milimani Law Court inNairobi. of Plot allotment Number 20(Machakos Municipality of Block 1/609), andthecase was later letter the of nullification for Court High Machakos the at 2008 of 33 No. case civil a filed was, then it as Commission,Anti-CorruptionKenya The before thecourt. Application No. 130 ofto 2011, challenge therevocation, andthecase ispending the affected private developers went to court, Machakos High Court Miscellaneous revokeddeeds issued thetitle to private developers within thefacility. However, On 26th November theGovernment 2010, vide Gazette Notice Number 15573 prison officers. developers whoconstructed had permanent buildings andrentedout to someof the The land belonging to Machakos GK Prison had been encroached into by private Alleged EncroachmentintothePrison’s Land

Nati

land

L and

C ommission

sh ould

co nduct

nati onwide

inq uiry

o n

the

land

o wned

a) iv. • • prisoners. Consequently, theCommission recommended that; designed for 300 maleprisoners although itpresently accommodates about 850 totime bask inthesun. However, theCommission noted thatthefacility was originally The Commission did not get evidence to allegations support that prisoners were denied iii. • • • institutions andpublic officers which included the following: The Commission developed parameters for determining unresponsiveness of public public sector.’ the effectivenessin ‘enhancingresponsivenessand of public1 Objective officers Strategic the under unresponsive of sanctioning its strategy with line in was This officers. Commission established acitation register for unresponsive public institutions andpublic Pursuant to itsmandate of addressing maladministration inthepublic sector, the 2.10 b) • • The Commission, therefore, recommended as follows:

incarceration for 23 hours daily isrepugnant to Article 51(1)of theConstitution. The KenyaPrisons Serviceshould accord prisoners ampleoutdoorstime since involves construction of new facilities to decongest theexisting ones. The malefacility should beextended to cater for theadditional prisoners. This Fund should beadministered by theKenya Prison Service. products of Prisons Industries to primarily pay for work done by theprisoners. The A Special Fund should bemadeout of theincome generated from thesale of the related wares from thePrisons Industries atcompetitive market rates. There should bea Government Policy thatallPublic Bodies purchase furniture and The Prison Industries produce high furniture quality andrelated products Headquarters. as 250,000) (Kshs. shillings operational cost andtherest submitted to theNational Treasury thousand through thePrison fifty and hundred two only received they shillings (Kshs. 7,000,000)fromin 2013 thesale of industryproducts outof which The investigations revealed thattheMachakos Prison Industryrealized Seven million Products oftheKenyaPrisonsServiceandincomegenerated Failure toallowPrisonersbaskinthesun Failure to implement any determination or Report of theCommission without any Blatant refusal to acceptthejurisdiction of theCommission Failure to respond to inquiries by theCommission on complaints

UNRESPONSIVE ANDMALFEASANT PUBLIC OFFICERS

65 THE COMMISSION ON ADMINISTRATIVE JUSTICE 66 THE COMMISSION ON ADMINISTRATIVE JUSTICE • • • malfeasant. Towards this end, the Commission cited the following public officers as unresponsive and 6. 5. 4. 3. 2. 1.

No. respect of whom no appeal has been successfully lodgedor determined. Public officers determined by theto court have beenof guilty abuse of office and in Failure to respect summonses issued by theCommission after due themselves conducted improperly investigations by theCommissionto have determined officers Public reasonable cause - Kisii) (Driver,Rioma School Secondary Joseph Omwoma Mariera Central) (Member of Parliament, Embakasi Hon. John Kariuki Ndirangu (Staff, KICD) Charles Mwambia Anampiu (Staff, KICD) John Kimotho and KICD Council Professor Peter Erastus Kinyanjui Curriculum Development) (Chairman, Kenya Institute of Professor Peter Erastus Kinyanjui NAME OFPUBLICOFFICER • • • • • • • • license well knowing thathedid not. School thathelawfully held Class Aendorsement on hisdriving Improper conduct by misleadingtheBoard of Rioma Secondary appeal has been lodgedor determined to thecontrary. versus John Kariuki Ndirangu andAnother inrespect whereof no in Nairobi Anti-Corruption Criminal Case No. 25 of 2002, Republic Abuse of power by virtue of having been convicted of abuse of office Nzomo investigators on hisrelationship with theKICD Director, Dr. Lydia Improper conduct by willfully giving written false information to CAJ Unresponsive conduct anddiscourtesy investigators to CAJ commencement of theAct. of Curriculum Development Act, the 2013,13monthsafter in accordance with sections 14and15of theKenya Institute Failure to initiate therecruitment process for anew Director named officers of KICD. Failure to implement adverse findings by the Commission against the Commission obligation to implement thefindings and recommendations of the Failure to guide andgive leadership to KICD Council on its Institute of Curriculum Development (KICD). findings against theDirector/Chief Executive Officer ofthe Kenya Administrative responsibility for non-implementation of adverse REASON FORCITATION to thismandate. This section of theReport will highlight key achievements of theCommission inrelation of service delivery charters andinternal complaint procedures. public institutions through provision of technical inareas support such as development publiccomplaint indicator. of Further theCommissionresolution endeavored on to strengthen thecapacity guidelines of set the with compliance on rated and certified are Commissionagencylead a is in performance contracting system, regardthis in MDAs governments. Specifically, county and the national in institutions and officers public of the public sector. To thisend, theCommission plays acriticalrole indeveloping capacity The Commission ismandated to set up andstrengthen thecomplaints handlingcapacity in 3.1 3.0 Performance Contracting Regulations. guidelines andCAJ In addition, theCommission implementing theindicator, in linewith the10thedition National Government During theperiod under review, theCommission developed new guidelines for the assessment andcertification of public institutions based on established parameters. received. Besides, theCommission monitors theimplementation of theindicator through establish mechanisms of working with theCommission to address complaints they have public complaintswith lodged andagainst them. Inthisrespect, MDAs are obligated to resolvepromptlyaddressand to institutions public requires indicatorall MDAs. Theby The Commission monitors theimplementation of resolution of public complaints indicator Kenya Vision 2030, which lays emphasis on goodgovernance andservice delivery. of of Resolution Public Complaints Indicator intheperformance contractinclusion system andtheadoption of the was Significantly, sector. public the in delivery service Since 2003, theGovernment has initiated anumber of reform strategies to improve 3.2.1 and certified ranked public institutions andtrained public officers. Commission developednew guidelines for assessmentand ranking of public institutions, a number of activities inthepublic sector during thereporting period. Notably, the on building complaint handlinginthepublic sector. capacity Inthisrespect, theCommission and implemented establishment the facilitate to Commission the requires 8e The Office of Ombudsman is an important stakeholder in public service delivery. Section 3.2

IMPLEMENTING PERFORMANCECONTRA INTRODUCTION BUILDING ANDSTRENG HANDLING CAPACITY CAPACITY INTHEPUBLICSECTOR BUILDIN G COMPLAINTS HANDLING HANDLING G COMPLAINTS THENING COMPLAINTS CTING OBLIGATIONS

67 THE COMMISSION ON ADMINISTRATIVE JUSTICE 68 THE COMMISSION ON ADMINISTRATIVE JUSTICE c) b) a) The Guidelines, provides for: Regulations.Guidelines andCAJ resolution of publiccomplaints withline in edition10th the ofPerformance the Contracting developmentwas at aligning aimed existingguidelines for implementingthe indicator, The 2013/2014. financial year forcontracts performance the in indicator complaints The Commission developed theGuidelines for implementing theresolution of public 3.2.2 trained 2267 public officers, particularly those in charge of handlingcomplaints. Indicator inthe National Government Performance Contracting system. on Effective Complaints methods Handling as well ascountry Resolution of Public Complaints the across MDAs from officers 2267 public trained Commission the respect, and establishment of effective complaints handlingmanagement infrastructure. In this mechanisms which include, developmentand implementation of service delivery charters The Commission has anoversightrole over public institutions inrelation to redress 3.2.3 e) d) been widely shared with public institutions andavailable on theCommissions website. to resolve complaints within twenty one working days of receipt The Guidelines have It isworthwhile to note that, under thenew Guidelines, Public institutions are obligated

Reporting on resolution of complaints received. service delivery charters. Report on creation of awareness on the complaints handlingsystem andcitizen Reporting on capacity development for complaints handlingofficers and staff Development of complaints handlingprocedures submission of information to theCommission intheprescribed format; Establishment of complaints-handling andmanagement infrastructure, and

TRAINING OFPUBLICOFFICERS RESOLUTION OFPUBLICCOMPLAINTSINDICA GUIDELINES TOR Figure12:

Public KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE NATIONAL AUTHORITY FOR THECAMPAIGN AGAINST DRUGS MINISTRY OFSTATE FOR IMMIGRATION AND REGISTRATION NATIONAL COUNCIL FOR POPULATION AND DEVELOPMENT THE KENYATTA INTERNATIONAL CONFERENCE CENTRE

Institutions NATIONAL COUNCIL FOR PERSONS WITHDISABILITY NATIONAL COUNCIL FOR SCIENCE OFTECHNOLOGY P.C. KINYANJUI TECHNICAL TRAINING INSTITUTE PUBLIC INSTITUTIONS &OFFICERS TRAINED KENYA EDUCATION MANAGEMENT INSTITUTE COMMUNICATION COMMISSION OFKENYA KENYA LEATHER DEVELOPMENT COUNCIL CATERING AND TOURISM LEVYTRUSTEES NYERI TECHNICAL TRAINING INSTITUTE MINISTRY OFFORESTRY AND WILDLIFE SOUTH EASTERN UNIVERSITY COLLEGE RIFT VALLEY WATER SERVICES BOARD KENYA FILMCLASSIFICATION BOARD ENERGY REGULATORY COMMISSION MINISTRY OFFORESTRY &WILDLIFE NATIONAL AIDSCONTROL COUNCIL RETIREMENT BENEFITS AUTHORITY KENYA CIVILAVIATION AUTHORITY

KENYA URBAN ROADS AUTHORITY NATIONAL BIOSAFETY AUTHORITY MINISTRY OFHIGHEREDUCATION TANATHI WATER SERVICES BOARD TEACHERS SERVICE COMMISSION POSTAL CORPORATION OFKENYA and MINISTRY OFFOREIGN AFFAIRS MASINDE MULIRO UNIVERSITY CAPITAL MARKETS AUTHORITY ATHI WATER SERVICES BOARD MINISTRY OFPUBLICSERVICE NATIONAL OILCORPORATION PRIVATIZATION COMMISSION JOMO KENYATTA UNIVERSITY KENYA REVENUE AUTHORITY MINISTRY OFHOMEAFFAIRS MUNICIPAL COUNCIL OFVOI ANTI-COUNTERFEIT AGENCY EMBU UNIVERSITY COLLEGE KENYA FORESTRY INSTITUTE KENYA FILMSCOMMISSION TOWN COUNCIL OFTAVETA MAASAI MARAUNIVERSITY NAIROBI WATER SERVICES KENYA COPYRIGHT BOARD

EGOJI TEACHERS COLLEGE COFFEE BOARD OFKENYA Officers NZOIA SUGARCOMPANY MINISTRY OFLIVESTOCK MACHAKOS UNIVERSITY NAIROBI CITYCOUNTY KENYATTA UNIVERSITY BRAND KENYA BOARD EGERTON UNIVERSITY KENYA SUGARBOARD IDB CAPITAL LIMITED NAIROBI UNIVERSITY LAIKIPIA UNIVERSITY MURANG’A COUNTY KENYA SISAL BOARD CHUKA UNIVERSITY PWANI UNIVERSITY STATE LAW OFFICE KISUMU COUNTY

Trained 2 2 2 2 3 8 8 8 9 9 9 9 10 10 12 14 15 15 15 16 17 18 20 20 20 21 21 22 23 24 24 25 25 25 25 25 26 27 28 28 30 30 30 30 30 30 30 35 35 38 42 43 45 50 50 58 60 60 68 70 80 94 100 112 250 250

69 THE COMMISSION ON ADMINISTRATIVE JUSTICE 70 THE COMMISSION ON ADMINISTRATIVE JUSTICE officers from Murang’a, Nairobi and Kisumu counties. particularly on aspects of complaint handling. For instance, theCommission trained withIn line mandateits Commissionthe engagednumbera ofgovernments county Local Authorities were phased out andtheir functions taken over by governments. county Followingrestructuringthe of Governmentafter March the 4,general2013 election, Figure 13:Public Sector Institutions Trained in2013 Figure 14: MDAs Compliance Levels (2013) certificates. werecompliancerequirementswiththereforeindicator and issued Commission the not theirlevels of compliance.otherOn the hand,140 institutions failedto comply with on based certified and assessedsubsequentlywere which reports, quarterly four their SSESSMENT OF COMPLAINTS HANDLING INDICATOR public institutions during thereporting. Atotal of 225 public institutions submitted all from handling complaints on reportsquarterlyassessedreceived Commission The and 3.2.4

A PUBLIC SECTOR INSTITUTIONS TRAINEDIN2013 66% STATE CORPORATIONS

COUNTY GOVERNMENTS 6% 19% TERTIARY INSTITUTIONS 9% DEPARTMENTS MINISTRIES/ • • • • • the citizen charters. The mainobjectives are to ensure thepublic know: the Commission public supports institutions on thedevelopment andimplementation of essential information regardingthe services offered by public agencies. Inthisregard, well-being ofnation. the interest Itisinthe of Commission the for thepublic to have service delivery by these institutions greatly impact on socio-economic development and Public institutions exist to deliver services to thepublic. The modeandeffectiveness of 3.2.5 Commission in their citizen charters. TheCommission has since ensuredinstitutions incorporated contactinformation of the

Justice) redress mechanism Internal (within theinstitution) andexternal (Commission on Administrative User charges; and Customer requirements (documents); Timelines; Services rendered by a public institution;

PRO VISION OFTECHNICALSUPPORT and management infrastructure Trainingcomplaints on handling

71 THE COMMISSION ON ADMINISTRATIVE JUSTICE 72 THE COMMISSION ON ADMINISTRATIVE JUSTICE Figure Training 15:CAJ on Complaints Handling institutions and get timely remedies. Public officers have also come to appreciate and have provided abasis for evaluating service delivery. come also have officers Publiccomplaints as animportant form of feedbackenables that them toclient build loyalty, remedies. timely get and institutions members ofpublic the are now ableto complaints lodge directly withconcernedthe now have workingcomplaints handlingstructures andfeedback mechanisms. Asaresult, internal mechanisms for handlingcomplaints. Through this, anumber of these institutions The Commission has also provided technical to support public institutions in establishing visibility,understanding and the of accessibility Commission’s mandate. improvedperformance and accountability,responsiveness within enhanced the public service, and increased achieving on and advocacyactivities focusedawareness a view to of enhancingpublic education themandateon of theCommission. The through distribution ofInformation, Education and Communication (IEC)materials with During implementation activities,these of Commission the disseminated information Society of Kenya (ASK) Shows, as fivewell counties underas awarenessthe advocacyand county through media.visits programme, and publiceducation during Agricultural Theactivities implemented duringreporting the period includeoutreach programmes in administrativeof justice. Framework of 2013- 2016- which aims to address thelow public awareness on matters function isin linewith Strategic Objective Three- outlined Commission’sin the Strategic and activitiespromotingaimed at public awareness on administrativejustice. This 8(j) of Actthe which mandates the Commissiondevelop to and programmesimplement and unresponsiveness. structures withinThis line is Section governance weakpower, for change in an environment characterised byadministrative injustice,abuse of TheCommission engaged in outreach and local level advocacyas akey strategy advocacy, of networking,social mobilization,training capacity and development efforts. mobilize pressure, sensitizecommunities and capacitiesbuild through a combination beneficiary main and create to the affairs.aim TheCommission that as continues useto toolsa broad set of - which general in administrative public of is justice- expected toprovide the oversightin management of state and servants of administrative status public the to improving view both of a with practices and policies ence justice.The approach contributingat aims changes to norms,in policies behaviorsand in and to change knowledge information and manages and disseminates strategically in catalyzingtools positive public change the sectorin Kenya. in TheCommission TheCommission has prioritized theuse of advocacyand communication as key 4.1 4.0 maladministration inpublic service. The visits county also sought to increase awareness to closer ombudsman the of Office the peopleinorder to enable them lodgecomplaints andseek redress the on issues of bringing at aimed were visits The the counties. into devolve to resources adequate of lack and Commission, the of mandate the a stop-gap measure to address thechallenge of accessibility, limited awareness on The visits county programme isaninitiative theCommission took up inlateas 2012 4.2.1 4.2 f u

County Visits INTRODUCTION OUTREA PUBLIC A CH ACTIVITIES WARENESS ANDADVOCACY

73 THE COMMISSION ON ADMINISTRATIVE JUSTICE 74 THE COMMISSION ON ADMINISTRATIVE JUSTICE ii. i. e) d) c) b) a) During theperiod under review, theCommission visited five counties, namely: efficient and responsive public service. view to promotingcompliance withAct, as well as empowering thepublic to demand among public servants andthepublic on issues relating to administrative justice with a • • • to besurmounted, key among them: revealeddespitethat efforts to reform the public sector, anumber of challenges are yet sector andrevealedthe status of administrative justice inthecounties. The experience Theprogramme apparentaf challengesmade that the iv. iii. Commission developed intervention mechanisms to address thechallenges. and responsiveness inmany of thepublic institutions. Based on theobservations, the Commission observed challenges inpunctuality, adherence to service charters, courtesy Stations, Immigration Department and Registration of Persons Offices among others. The were conducted included theJudiciary, Ministryof Lands, District Hospitals, Police standards of service delivery. Some of thepublic institutions where thespot checks were conducted on selected public institutions during visits thecounty to determine the A key component of visits thecounty programme isthespot checks. The spot checks leveraged on publicity through media for optimal impact. up complaints desks andheld meetings with various stakeholders. The Commission also with different interest groups, undertook spot checks on various public institutions, set In order to realise these objectives, theCommission held public forums andmeetings The objectives of thevisits were to:

Create grassroots networks. Assess service delivery standards inpublic institutions; and Receive complaints; Publicize theCommission anditsfunctions; Isiolo Kericho Narok Embu Kiambu Poor infrastructure (particularly evident inthepolice service); and Lack of efficient feedback mechanisms; Lack of grievance redress mechanisms; f ictservicepublic deliverythe in c) b) a) • was published anddistributed to therelevant agencies for action. on AwarenessVisits County Report titled findings the reporton Creation A 2012-2013 the Kericho County visit Mr. Yuvinalis Director Angima, CAJ for Legaland Advisory Services makes a presentation during developed public education content which was disseminated through various avenues. Commission with respect to performance contracting. Additionally, theCommission Besides generatinginformation for research, visits the county fed into theworkof the The information gathered from theCounties informed programmingthe Commission.at identified, namely; the Commission to identify systemic issues for follow-up. Three mainsystemic issues were wake-up callto public servants to bemore diligent intheir work. The visits also enabled a citizenswasprovidedby feedback subsequent the and undertaken checks spot The foropportunity members of thepublic to interact with public servants. facilitatedand establishmentof contactswith 635 persons. Besides, visitsthe created an Additionally, thevisits enabled 57 peopleto lodgecomplaints with theCommission, also bolstered through media coverage of thevisitsand corresponding emerging issues. enhanced public awareness on therole of theCommission. The Commission’s brand was numberA of successes were realisedthrough programme.the To with,begin visitsthe

Bureaucracies anddelays inacquisition of identification documents. Delay inprocessing of pensions andbenefits; and Mismanagement of landtransactions andcustody of documents; Limited knowledge on theservices offered by public institutions.

75 THE COMMISSION ON ADMINISTRATIVE JUSTICE 76 THE COMMISSION ON ADMINISTRATIVE JUSTICE The Commissioner Saadia Mohamed, display acopy of theReport during itslaunch inNairobi The Chairperson, Mr. Otiende Amollo, Vice-Chairperson, Dr. Regina Mwatha (Right) and

Commission

launches

the

Report

the

County

Visits

its

offices

Nairobi Branch Show (Kakamega), andtheNairobi International Trade Fair. them animportant outreach platform. The Commission participated intheWestern Kenya the most diverse of audiences. Kenyans of allwalks of lives attendtheshows making and whereas allexhibitors align their messages to promote itsgrowth, ASK shows have other sectors whose activities impact on agriculture. In fact, while thefocus isagriculture agricultural andagribusiness information, theplatform has expanded to incorporate Although one of themainaimsof theshows are to provide forums for exchange of The Agricultural Society of Kenya (ASK) Shows are auseful platform for public education. 4.2.2 the mandate ofthe Commission and receive complaints. The participationaim of CAJ’s in thetrade fairs was to create awareness on School children stand attheASK singoutside theCAJ Show Ground inKakamega

ASK Shows

77 THE COMMISSION ON ADMINISTRATIVE JUSTICE 78 THE COMMISSION ON ADMINISTRATIVE JUSTICE • • • 4.2.3 over theyears done the rounds invarious landsoffices hoping to resolve thematter to no avail. The complainant who was armed with thecorrespondencesback dating to 1966 said hehad Agricultural Officers, landtribunal and eventually thehigh court. in Schemefrom sub-chieflevels, districtofficers, district commissioners, districtofficers, surveyors, land Settlement and and Lands the through land of1966. told He theCommission thatthecase hadbeen piece conducted andheard by administrators the acquired had they said He well-connected neighbour inLugari. of landirregularly allocated to analleged colluding to defraud himof 11.5 hectares Kakamega Land Registrars andsurveyors of successive He accused 1966. in filed he deniedjusticehim onland dispute a that investigate public officers that delayed and The complainantasked toOmbudsman the that hadbeen pending for over 47 years. asked to intervene inalandmatter CAJ Branch Show isan87 year old manwho with theCommission during theWestern complaintKenyans a the filed ofwho One SAMPLE CASE bolster themessage andrealise optimalimpact. activities were shaped around key events and issues of strategic importance inorder to justice. These includedmedia appearances, press statementsconferences.and The education andadvocacy strategiesat creating aimed awareness on administrative During theperiod under review, theCommission implemented anumber of media 4.3 the institution. theircomplaints handling capacity. The Commission has sinceundertaken atrainingat Commission to establishways inwhichcompany the couldsupportedbe to enhance A representative from Nzoia SugarCompany, for instance, madefollow-ups with the

the Commission. The shows provided aplatform for forging partnerships andadvancing thework of The Commission received 48 complaints andestablished contacts with948 persons. Commission through interactions attheshows, andmedia coverage of theevents. Increased awareness on andinformationthe mandate of CAJ, on accessibility of the

Outcomes MEDIA EDUCA TION ANDADVOCACY A complainant presents hiscase at to staff of CAJ the ASK Show Ground inKakamega • • • print media. Below are some of theinstances when media advocacy was employed: Commission,ofthe specificand advocacy matters. Key issues were alsocovered the in Citizen TV, K24KBCand –to publiciseoffice the its and jurisdiction, thebranch offices The Commission participated innews andtalk shows stations inallthemainTV – NTV, with theCommission using theplatform. platform. Anumber of peoplealso tracked theprogress of thematters already lodged public engagement.the Commission In2013, receivedcomplaints 20 through the and courtesy efficiency, Kenyas greater Ombudsman, theCommission has enhanced interactive communication be and will there that accountability. end Through Facebook page, Kenya,Ombudsman the Twitterand handle,@ to servants public and interactive mediato promotebehaviouraland attitudinal change both in citizenrythe a view to generate and share knowledge. The objective was to harness thepower of During thereporting period, theCommission launched itssocial network platform with will bequestioned. generate debate, and errant public officers are now aware their eligibility to hold office public office. Whereas the recommendations may not have been adopted, the move did The Commission publicised a list of past and serving public officers deemed unfit to hold The Commission also employedmedia to advanceleadership the integrity and agenda. on thedispute between theNational Assembly andtheJudiciary. opinion and Commissioners; County and GovernmentsGovernment,County National Constitution of Kenya (Amendmentthe opinion Bill)2013, on the relationship betweenon the opinion Rights; Human on Commission NationalKenya the and Commission, appointmentof Members of theTeachers ServiceCommission, theNational Land adoption andto elicitpublic debate. Some of theadvisories includedopinion on the The Commission publicised advisories opinions with theview to piling pressure for

which revealed thestatus of administrative justice inthecounties. The Commission also publicised theCounty VisitsReport on Awareness Creation the electioneering period. duringresources public abused that offices key of number a of indictment an was and areport itpublished on the elections monitoring andobservation. The report The Commission widely publicised itsparticipation in theelectioneering process, public offices. includingpreparedness forGeneral2013 the Elections, appointmentsand to key Chairs’ Forum convened dealt with by various CAJ issues of national importance auspicesTheConstitutional the the under CommissionsOffices of Independent and

79 THE COMMISSION ON ADMINISTRATIVE JUSTICE 80 THE COMMISSION ON ADMINISTRATIVE JUSTICE reporting period. media. The following are some of theadvisories issued by theCommission during the on anumber of pertinentissues. The advisory opinions were widely disseminated inthe Commission issuedeight advisory opinions andrecommendations to public institutions VISORY OPINIONS ANDRECOMMENDATIONS codes of conduct,processes procedures. and In furtherance offunction, this the proposals on theimprovement of public administration includingreview of legislation, Section 8(h)of theAct mandates theCommission to provide advisory opinions or 5.3 administration andrespect for human rights. an important role inensuring transparent governance, ethical leadership, goodpublic occupies aspecial placeinthegovernance process. Inparticular, theCommission plays Government as known under theWestminster Model. In this regard, theCommission has anoversight role in thegovernance process which thetraditional supports arms of -k) and252 of theConstitution as well as Section 8 of the Act. The Commission, therefore, promoting constitutionalism. These functions have been broadened under Articles 59(2)(h securingthe observance of democratic valuesprinciples and by State Organs and of theConstitution to safeguardpublic interestby protectingthe sovereignty ofpeople, the The Commission, like other Constitutional Commissions, ismandated under Article 249 5.2 and elections monitoring andobservation. and recommendations, alternative dispute resolution methods, public interest litigation facetedapproach focusing on anumber of strategies which includedadvisory opinions and goodgovernance during thereportingperiod. The Commission employed amulti- This section details theachievements of theCommission inpromoting constitutionalism OMOTING CONSTITUTIONALISM ANDGOOD 5.1 5.0 of theproposed amendmentand stated wouldit that be anaffront to theconstitutional implications the considered Commission The Officers. State designated of list the from Members of Parliament, Members of County Assemblies, andJudges andMagistrates on theproposed amendment to Article 260 of theConstitution that hadsought to remove The Commission issuedan advisory opinion toNational the AssemblySenateand the 5.3.1

Advisory OpinionontheConstitutionof Kenya(Amendment INTRODUCTION AD ROLE OFTHECOMMISSIONINCONSTITUTIONALISM Bill), 2013 AND GOODGOVERNANCE GOVERNANCE INTHEPUBLICSECTOR PR b) a) accountability mechanisms. Based on theforegoing, theCommission advised as follows: weakening hence Commissions Constitutional several of jurisdiction the from Officers determine their remuneration. Inaddition, theamendment wouldremove thesaid State also foundproposedthe that amendment would allow Members of Parliamentto Commission The officers. non-state by constituted be wouldorgans, stateJudiciary, as amendment would create anabsurdity whereby theNational Assembly, Senate and provisions on leadership andintegrity. Further, theCommission foundthe proposed that the failure to appoint Members of theNational Land Commission (NLC). In particular, The Commission issuedan advisory opinion to thePresidentand the Prime Minister on 5.3.3 the advisory, andthedecision of the Court relating to theappointments. Parliament.The Presidenteventually appointedtwo members to TSCaccordance in with from thelist forwardedto himearlier for as long as they hadnot been disapproved by advised thePresidentthe proper that procedure was to nominate suitable candidates the education sector as theoperations of TSC were likely to becrippled. The Commission notedthe failure that to make theappointments posed adanger to public administration in Chairperson andMembers of theTeachers Service Commission (TSC). The Commission The Commission issued anadvisory opinion to thePresident on the failure to appoint the 5.3.2 d) c)

Article 255(1)(d) of theConstitution. interfere with theindependence of theSalaries and Remuneration Commission under RemunerationCommission, amendmentthe would require referenduma wouldasit In seeking to obliterate theessential independent jurisdiction of the Salaries and referendum inaccordance with Article 255(1)(d) of theConstitution. a require would that one is Officers State governancein good and accountability the Constitution, anamendmentseeks that to reduce thethreshold of integrity, the foundations of Chapter Six principles are captured inArticle 10(2)(c) of To theextent thattheterminology State Organ isentrenched in Article 6, while and integrity of theentire Constitution. would not only beimpossible, but would fundamentally alter thestructure, design terms related other the amending without Officer State of definition the amend to and Officer State State Organ Office, are carefully State defined and State, applied in such intricate terms manner, the that to Constitution, seek the of design the In to statehood. meant to regulate theNational andCounty Governments, thereby creatinga threat The amendment would erode theroles andfunctions of independent institutions

Advisory Opinionon theAppointmentofMembers Advisory OpinionontheAppointmentofMembers National LandCommission Teachers ServiceCommission

81 THE COMMISSION ON ADMINISTRATIVE JUSTICE 82 THE COMMISSION ON ADMINISTRATIVE JUSTICE b) a) and co-operation. To thisend, theCommission advised as follows: units whose relationship with thenational government ought to bebased on consultation Kenya was state, aunitary the Commission stated thatKenya isdivided into 47 devolved government, governments county commissioners. andthecounty While notingthat The Commission issued anadvisory opinion on therelationship between thenational 5.3.5 appointments to avoid further legalandoperational challenges. protection and promotion of human rights andadvised thePresident to speed up the Petition No. 385 Theof Commission 2012). stressedthe importance of KNCHRinthe and thematters pending before having thecourt been concluded(Nairobi High Court (KNCHR) despite thenames of thenominees having been forwarded for appointment, the Chairperson andMembers of theKenya National Commission on HumanRights The Commission issuedadvisoryan opinion toPresident the on failure the to appoint 5.3.4 the decision of theCourt relating to theappointments. President eventually appointed members to NLC inaccordance with theadvisory, and Constitutionthe Nationalthe and Land Commission Actas matter of a urgency.The and thePrime Minister to appoint theChairperson andMembers of NLC inlinewith speedy realisation of landreforms. Accordingly, theCommission advised thePresident the delaythat constitutedbreacha of theConstitutionwas and anobstacle to the 426 While highlighting of 2012). thecritical mandate of NLC, theCommission noted of thematters before (Nairobi court HCCC Nos. 266 of 2012, 373 ofand 2012 the Commission was concernedthere that was continued delay despite theconclusion d) c)

re-formulation, training of officers andtransparent appointment. formulationstatus and raisedanxiety. regard,In this Commissionthe advisedfor the The posting of County Commissioners was not initself objectionable, but their authoritieslocal formally be immediately and transferredto governments. thecounty and assets all offices previouslyheld by that defunctthe ofMinistry LocalGovernment through advised variousthe it Specifically, governments. county of transfer to and assets offices allocating of process formal and clear a be should There to perform their functions. tracked based on theconstitutional provisions andtheneedto facilitate thecounties The transfer of duties andfunds to governments thecounty should befast governor and the national government representative on atthecounty security The representatives county of theInspector General should continuously brief the

Advisory OpinionontheR Advisory OpinionontheAppointmentofMembers Commissioners National Government,CountyGovernmentsand Kenya NationalCommissiononHumanRights elationship betweenthe 5.3.6 g) f) e) c) b) a) University as follows: the relevant provisions of theConstitution andother laws, theCommission advised the waiver ofmedical the fees of Kshs.2,000 based on theirfaith. Having considered prohibited them from undergoing such medical check-ups. Further, they hadsought the for admission for thecourse for which they hadbeenprerequisite admitted, statingtheirthat faith a check-up, medical undergo to refused had students University.The the KenyaPolytechnic University College, onissues the raisedby two studentsto admitted The Commission issued an advisory opinion on request to Technical University, formerly

arbitrator or mediator, or anintermediary to assist intheresolution of disputes. strengthenedby engaging Commissionthe on AdministrativeJustice, independentan The dispute resolution frameworkunder theIntergovernmentalRelations Actcould be allow thegovernors to advised thattheNational Flag, Emblems andNames Act neededto beamended to ‘Honourables.’as saluted governors alsoCommission be advisedthat It the should from thesovereignty ofservantand diminish thepeople leadership. Accordingly, The tone andtempo of theConstitution isto reduce overly formal salutations thatdistract supported to recruit their own staff. the initialat stages, once theelections were held, governments county couldonly be Whereas secondment of officers to the county governments may have been necessary the Constitution. policing services inlinewith their mandate as per Article 247 and4thSchedule of matters. Inaddition, governments county shouldhave aleeway to establish their for such medical check-ups to beconducted. child the ofguardian legal the and/orparent the of consentrequiring the inserted That where thestudent has not theageof attained 18years, aprovision should be accordance with sections 13and14of theAct. in done be should same the testing, compulsory requireundertaken be to courses HIV test sincethey violate theHIV/Aids Prevention and Control Act. However,compulsory wherea for demanding requirements all expunge should University the That students attheUniversity. limitation was necessary insofar as itsought theharmonization andco-existence of The Constitution. the of 24 Article by contemplated as justifiable and reasonable religionnot is absolute, limitationthe and ofright the to religioninstance inthis was That theUniversity shouldnot make concessions as demandedsince theright to

Advisory OpinionontheR one’s Religion Requirements inPublicUniversitiesandtheRighttoManifest f y thenational elationship betweenAdministrative f ag on their vehicles.

83 THE COMMISSION ON ADMINISTRATIVE JUSTICE 84 THE COMMISSION ON ADMINISTRATIVE JUSTICE b) a) advised thePresident as follows: a tribunal to remove six members of JSC in spite of order. acourt The Commission prompted by therecommendation of theNational Assembly to thePresident to establish National Assembly, andtheJudiciary andJudicial Service Commission (JSC). This was The Commission issued anadvisory opinion to thePresident on the dispute pitting the 5.3.7 furtherance of itsconstitutional mandate. independent commission inrespect of anact done inaccordance with thelaw andin appear before it, itwas improper for theCommittee to invoke thispower against an Committee on Justice andLegal Affairs was empowered to summon any person to 159 of theConstitution. The Commission further noted thatwhile theParliamentary transparentand process keeping in with principlesthe of judicialauthority under Article provided have fair, noted, Commission would a unbiased the action. This, for findings Public Procurement Oversight Authority to investigate theissues raised andpresent the that JSC ought to have invited Ethics CAJ, andAnti-Corruption Commission andthe administrative action under Article 47 of theConstitution. The Commission advised Commission was concernedthe process that might have impugnedthe right to fair by JSC to suspend theChief Registrar of the Judiciary pending investigations. The The Commission issuedan advisory opinion toChief the Justicefollowing the decision 5.3.8 d) c)

breakdown of therule of law. orders by theNational Assembly setprecedent abad andcould result inthe Courtissued in theNairobi Petition No.of 518 2013. The disregard of thecourt It was improper for theNational Assembly to have ignoredthe orders of theHigh grinding to ahalt. of thework of thetribunal to allow for continuity andprevent theJudiciary from The six members of JSC to beallowed to continue serving pending theoutcome the tribunal. whether theNational Assembly haderred was amatterto beadjudicated upon by the matterinaccordancewith Article 251(4)(b)of theConstitution. The issueon to thePresident, thePresident hadno choice but to appoint atribunalto consider That once theNational Assembly hadconsidered thepetition andforwarded it independence. distinct from theJudiciary, andcould therefore not hide under theveil of judicial the Parliamentary Committee on Justice andLegalAffairs sinceJSC isseparate and It was improper forsix the members of JSC to have ignoredthe summons issuedby

Advisory OpinionontheDisputebetweenNational Advisory OpiniononthedecisionbyJudicialService Assembly andtheJudiciary pending investigations Commission toSuspendtheChiefRegistrar oftheJudiciary

i. Commission sought thefollowing declarations: attendant Rules 17,42 41, and43 of theSupreme Court Rules,In particular, 2011. the the constitutionality of Sections 14, 16and23 of theSupreme Court Act, andthe 284of 2012, No. Commission on Administrative Petition Justice(Nairobi vs Attorney-General) Court seeking to impugn High the before a petition filed Commission The 5.4.1 administrative justice perspective. Some of thecases are highlighted below. constitutionalism anddemocratic governance inKenya, particularly, from the as awaythe court of promoting public administration. The mainaimwas to advance The Commission participated inanumber of matters of national importance before 5.4 i. iv. iii. ii. The Courtconsidered submissionsthe authorities and ofParties the held and as follows: to befound unconstitutional. theCommission2012), arguedthe attendantthat Rules of theSupreme Court also had (Samuel Macharia &Another vs Kenya Commercial Bank&2Others, Petition No. 2of decision of theSupreme Courtwhich declaredSection of 14 Act the unconstitutional exercisedbe within the parameters of theConstitution. While acknowledgingthe earlier Parliament to make provisions for theoperation of theSupreme Court, thispower hadto The Commission arguedalthoughthat Article 163(9) of theConstitution mandated

justice may have occurred or may occur unless theappeal isheard. to hearanddetermine theproposed appealor where asubstantial miscarriage of appeals where the Court was satisfied that it was in the interest of justiceto theextentit expanded that thejurisdiction for of theSupreme the Court to determine Court That Section 16(1) and(2)(b) of the Act were ultra vires Article 163 of the Constitution Supreme Court other thanthatcontemplated under theConstitution. Constitution to theextentarrogated thatit anew or extended jurisdiction to the Thatsection of 14(1) Act the was ultravires Article163(3), (4) (5)and of the Supreme Court contrary tothe express provisions of the Constitution. Case(cited above) insofar as it conferpurportedtospecial jurisdiction uponthe had earlierunconstitutionalas been declared by the Supreme Court in the Macharia That Section 14 of the Act and Rule 17 of the Supreme Court Rules were 42 and43 were unconstitutional That the consequential provisions of the Supreme Court Rules, namely Rules 17, 41, court. extentthe providedit that anythat two judges ofSupreme the Courtmay actas the ThatSection 23(2)of Act the was ultravires Article 163(2)of theConstitution to

Constitutional P PUBLIC INTERESTLITIGA etition No.284of2012 TION

85 THE COMMISSION ON ADMINISTRATIVE JUSTICE 86 THE COMMISSION ON ADMINISTRATIVE JUSTICE b) a) Commission hadsought thefollowing orders: Commission (Nairobi High Court Petition No. 408 InthePetition, of 2013). the Justice versus John NdiranguKariuki and the Independent Electoral andBoundaries Administrative on Commission namely: petition, constitutional a filed Commission The 5.4.3 matters. dismissed the case and reaffirmed the role of the Commission in leadership and integrity prohibitiona and order againstIEBC fromacting on recommendation. the The Court Mr.Ndirangu soughthad a judicial review ofrecommendation the byCommission, the public officers, including Mr. Ndirangu were not suitable to run for any elective position. Independent Electoral andBoundaries Commission (IEBC) that 35 former and serving Application No. 452 of following 2012) therecommendation by theCommission to the and Boundaries Commission ex-parte John NdiranguKariuki (Nairobi High Court in Republic vs Commission on Administrative Justice andtheIndependent Electoral Kariuki, Ndirangu John by filed suit a in itself defended successfullyCommission The 5.4.2 iv. iii. ii. c) abuse of office on 14th January 2004 by the Anti-Corruption 2004 the by January Nairobi 14th in in on office abuseofCourt ACC due to aprevious matterinwhich he hadbeen convicted andsentenced of two counts of provisions of Article 99(2)(h) andsection 24(2)(h) of the Elections Act. This was primarily was improperly cleared by IEBC to run for theelective position inspite of the express constitutionalism andgood governance, theCommission averredHon. that Ndirangu Whileinvoking mandateits inrelation to addressing maladministration, andpromoting

Embakasi Central Constituency inNairobi was unconstitutional, andnull andvoid. A declaration that theelection of Hon. Ndirangu as theMember of Parliament for dereliction of itsconstitutional andstatutory duty; and A declaration that in failing to find Hon. Ndirangu of unqualified, IEBC was in Member a as qualified not Parliamentwas under theConstitution andtheElections Act, 2011; Ndirangu Hon. that declaration A inthecase of Supreme Court whichthe had earlierof decisions determined a similarthe issue of unconstitutionality, but fell shortof declaring itas such based on the binding nature RegardingSection 23of theAct, the Courtcompelling made a argument its on That Rules 17, 41, 42 and 43 were unconstitutional. unless heard. is the appeal a substantial that satisfied miscarriage is of justicemay haveoccurred ormay occur extend the jurisdiction of the Supreme Court todetermine appeals where the Court ThatSection 16(2)(b)Act of the was unconstitutionalinsofar aspurported it to

Nairobi HighCourtP Nairobi HighCourtApplicationNo.452of2012 R a i v s R a i , P e ti ti on N etition No.408of2013 o . 4 o f 2 01 2. No. 5of 2013. These matters are still pending before thecourts. Summons againstthe Chairman of theLaw Society of Kenya), Supreme CourtPetition the Independent Electoral andBoundaries Commission and3Others (In the Matterof vs Odinga Raila and 2013); 528PetitionNo.of Court High Nairobi(formerly 2013 Shollei vs theJudicial Service Commission, Nairobi Industrial Petition Cause No. 39 of Attorneythe and General, Nairobi HighPetitionCourt No.Gladys 2013; of 518 Boss No. 226 of 2013; Judicial Service Commission vs the Speaker of the National Assembly Policy and Con the Attorney General, Supreme Court Reference No. 1 of 2012; International Centre for reporting period, which included theKenya National Commission on HumanRights vs The Commission also participated inother litigation matters of public interest during the 5.4.4 court. served thesentence without preferring any appeal. The matterisstillpending before the No. 25 of 2002; Republic versus John Ndirangu Kariuki and Another, and subsequently workshop on thevetting tool for theserving police officers. vetted. Prior to this, theCommission hadparticipated inthestakeholders’ validation etting ofserving Police Officers 32Commissionofvetting Seniorthe relatingPoliceto Officers be who first to were the PoliceService National the frominformation for request a processedCommission The 5.5.2 vettingsaid Act.the under etting ofJudgesandMagistrates provided information concerning 357Judges and Magistrates whowere subject of the PursuanttoSection 18(e)(vi)of theVetting of Judgesand Magistrates Act, theCommission 5.5.1 the reporting period. Pursuant to these provisions, theCommission implemented thefollowing administration. activities during in public misbehaviour and conduct official unresponsiveoppressive, investigate complaints of abuse of power, unfairtreatment, manifest injustice or unlawful, to resultin any impropriety or prejudice. Inaddition,Commission the empowered is to any sphere of Governmentor thatisalleged suspected to beprejudicial or improper or investigateany conduct statein affairs orany act or omissionpublic in administration in 59(2h)of theConstitutionSection and of 8(d) theActempower theCommission to integrity.Specifically, Article and leadership to relation in role complementary is This established under Articles 59(2h-k) and249 of theConstitution andSection 8 of theAct. is officers publicby integrity and leadership ethicalensuring Commission’s Thein role 5.5

V V Other PublicInterestLitigationMatters LEADERSHIP ANDINTEGRITY f ict vs the Attorney General and 2 Others, Nairobi High Court Civil Case

87 THE COMMISSION ON ADMINISTRATIVE JUSTICE 88 THE COMMISSION ON ADMINISTRATIVE JUSTICE resources. The following is a summary of the findings of the three phases of the exercise. a) in seven matters, including thefollowing: During theperiod under review, theCommission conducted mediation andconciliation amicablysettling disputes. This mainly tookformthe of mediationconciliation. and initiated Alternative Dispute Resolution methods matters incertain with aview to having Pursuant to Article 252 of theConstitution andSection 8(f)of theAct, theCommission 5.6 to ensure compliance with theConstitution. were undertaken individually and, insome cases, jointly with other oversight institutions allegations of breaches of theprinciples of leadership andintegrity. The interventions appropriate interventions,either on complaintsby public the orown its initiative,on Pursuantto itsmandatein ensuring adherence to thelaw,Commissionthe made 5.5.3 ard Values politicalTheparties.results of the exercise containedina report titled process,the Commission participatedin different meetings with stakeholders such Cohesion as and Integration Commission other bodies.and To(NCIC) enrich the programme, the In implementing Commission the partnered withNational the resources inelectioneering the process. of theelection monitoring and observation exercisewas to monitor the use of public programme to monitor and observe the 2013 General Elections. The primary objective Section 8of theAct, the Commission developed and implemented a comprehensive Pursuanttoits mandate underArticles 59(2)and 249theof Constitution and 5.7 f) e) d) c) b)

Mediation between Kenya Power Madianyand Water and Sanitation Project General Mediation between the National PoliceService Commission and theInspector Commission Mediation between National the Land CommissionSalaries and the Remunerationand Functions of Commissioners andSecretariat Mediation on theNational Police Service Commission involving Relations and and Functions of Commissioners andSecretariat Relations involving Commission Equality and Gender National the on Mediation Mediation between Benson Opiyo and Kenya RevenueAuthority

in Ensuring adherencetotheRuleofLaw ELECTION MONIT PROMO METHODS

T imes: TION OFALTERNATIVE DISPUTERESOLUTION

E lection

M ORING ANDOBSERVATION onitoring

and

Ob servation , revealed, misuseof public Championing spending by public institutions on institutions publicby spending Presidentthe tothe messagescongratulatory and enactment of alaw on campaign spending. Commission calledfor thereview andstrict enforcement of theelectoral laws, including for action to eliminate abuse of public resources inthe election campaigns. The In view of the findings, the Commission made recommendations to the relevant institutions electoral and other politics malpractices such as voterpartisan bribery. in officers public of engagement of allegations African Community andMinistry of Regional Development Authority. There were also Office of Prime Minister, the of the Vice-President, Ministryof Planning, Office National Development andVision President, 2030, East the of Office the included spotted campaign rallies across thecountry. Among thepublic institutions whose vehicles were various Government Ministries hadbeen deployed andDepartments atvarious at least 15vehicles assigned to the efforts by theCommission staff. The resultsof themonitoring exercise revealedthat The Commission collaborated with NCICandused their monitors county to complement parties orcertain candidates. for vote to pledges on services public of conditioning and activities; political involvementoffices; in facilitiesofficers public publicas such ofof use equipment; and candidates. More specifically, the monitoring focused on use of public vehicles, aircrafts in theelectioneering process, particularly on thecampaigns by political parties and The election monitoringby Commission the focusedon use the of publicresources 5.7.1 ost-Elections Monitoring resultsof the of 4 TheCommission conducted post-election a monitoring exercisefollowing announcement 5.7.3 by IEBC. This enabled the staff to observethe conductof elections on 4 TheCommission successfullyapplied for accreditation of its staff as election observers 5.7.2 eliminate instances of missing names or misplacement of polling stations. polling or of misplacement names instances missing of eliminate the machines,of audit voters’ and Voter Registration register Biometric to use and the of comprehensivevoter education, trainingthem, electoralofficers IEBC the of on process Based on the foregoing, voting theCommission madea raft of recommendations, of among lack and process; voting the in some stations. delays in facilities register; the in names missing to stationswhichprocesscreatedsuspicionvotingpollingfraud;slowmany of in Biometricdue Registrationkits Voter the of malfunctioning included which findings of number 2013 at the various polling stations across the country. The observationrevealed a

Election Monitoring P Election Observation th

March 2013 GeneralElections. The exerciserevealed a colossal th th March

89 THE COMMISSION ON ADMINISTRATIVE JUSTICE 90 THE COMMISSION ON ADMINISTRATIVE JUSTICE ‘Championing The Commission releases theReportof theelections monitoring andobservation titled appropriatetakemessages, and action accordancein with law. the andfollow-ups cross-checkmake theexpenditures bypublic institutions on congratulatory To address thisproblem, Commission the recommendedto the Auditor Generalto Abuse approximatelyKshs. 539,206. 906,820, andNational the Authority for Campaign AgainstAlcohol and Drug Kshs.907,668, Kenya the Inspectorate Plant Service Health approximatelyKshs. 1,162,868, approximatelyNational the spent Cohesion Commission and Integration Formessages. instance,Coast the the Development Authorityspent approximately Kshs. media. Further, of the70 public institutions, 13 spent over Kshs. 500,000 each for institutions spent approximatelyKshs. 25,367,672 for such messages in the print Deputy President following their election. The exercise leastfound70at that public misuse of public resources during theelectioneering process in2013.

V alues

H ard

T imes:

Elec tion

Mo nitoring

and

Ob servation.’

T he

R eport

r evealed

6.2 and national Offices, Independent internationalconferences and workshopsand tours. studyand Commissions Constitutional for Conference Annual Offices, Chairpersons Independent of of ConstitutionHolders and Commissions the Commission participated innumber a of activities which includedthe Forum of topical issues relatingadministrative to justice. During period the review,under conferences,of workshops, seminars presented and and meetings various on papers number a in participated governance. justice good and Through Commissionthe this, with and international local institutionspromote cultivated to partnerships administrative ARTNERSHIPS, COLLABORATIONS ANDLINKAGES network and capacityexpand its its order base, enhance In to Commission the 6.1 6.0 NLC. preparedness to andsupport IEBC, devolution andappointments to KNCHR, TSC and officers,public election and state salariesfor of reforms,setting police included upon topicalof importance.Some nationalthe issues deliberatedof issues on deliberate During the reporting period,the Commission successfullyconvened six meetings to bodies. statutory independent Commissions, and some Offices Independent chairmanship.Constitutionthe assumedthe The Forum brings together all Constitutional the Chairpersonwhen ofthe Commission 2013 forAugustthe Implementation until of Chairs’ ForumCommissions knownthe commonly Offices, Independentand of holders The leadership Commission to the Forum provided of Chairpersons of Constitutional

INTRODUCTION FORUM OFCHAIRPERSONSCONSTITUTIONAL OFFICES COMMISSIONS ANDHOLDERSOFINDEPENDENT P

91 THE COMMISSION ON ADMINISTRATIVE JUSTICE 92 THE COMMISSION ON ADMINISTRATIVE JUSTICE hairpersons The hairpersons press during ameeting to discuss matters of public interest. The for ofaegis Chairs’ the Forum,address press a conference inFebruaryon 2013 preparedness the

the

C C

4th

March

o o 2013 f f

C C onstitutional onstitutional

General

Elections.

C C ommissions ommissions

and and

Ho Ho lders lders o

o f

f Indepe

Indepe ndent ndent

Office

Office s

s, addr

unde ess r

the the

rights, leadership andintegrity, governance and, collaborations andpartnerships. The Conference deliberated on awide range of issues including devolution, human mandates. the Constitution andshare successes andchallenges intheexecution of therespective The aimof theConference was to assess theprogressin theimplementation made of Women. UN the and (UNDP) Programme Development Nations United Office, Rights to 30th August 2013. The Conference was supported by theUnited Nations Human and Statutory Oversight Institutions at theLeisure Lodge andGolf Beach Hotel from 28th The Commission successfully organized theSecond Annual Conference of Constitutional 6.3 Constitutional The Commission Secretary, Mr. Leonard Ngaluma, addresses theAnnualConference of

ANNU COMMISSIONS ANDINDEPENDENTOFFICES

Commissions AL CONFERENCEOFCONSTITUTIONAL

and

Independent

Offices

29th

August

2013

93 THE COMMISSION ON ADMINISTRATIVE JUSTICE 94 THE COMMISSION ON ADMINISTRATIVE JUSTICE • • Specifically, the Working Group was tasked to establish the following: consideration by meeting. thefull NCAJ considervarious the emergingissues relatingto and make land recommendations for meetings quarterly the Working andits of NCAJ Groupon Land. in The of aim Working the Group participatedwas to Commission the period, reporting the During Reform Commission among others. Public Prosecutions, Witness Protection Agency, Inspector General of Police andtheLaw from institutions intheadministration of justice such as theAttorney General, Director of TIONAL COUNCILFORTHEADMINISTRATION OF Administration of Justice headedby theChief (NCAJ) Justice. Itdraws itsmembership The Commission continued to participate intheactivities of theNational Council for the 6.4 • • following groups: contributions inthesubjects of governance andpublic administration thatinvolved the The Commission participated inanumber of trainings andworkshops, andmade 6.6 Bill. ARTICIPATION INLEGISLATIVE DRAFTINGANDREVIEW to key legislative billsincluding the Access to Information BillandtheDataProtection The Commission, as acritical stakeholder inpromoting constitutionalism, gave itsinput 6.5 • • 1.

The complaints anddispute resolution mechanisms. The digitization of records andprocesses at thelandregistries; and The regime of renewal of leases; ; The framework for regulation of professionals inlandmatters; etme 21, n md a rsnain n Eult sadrs n human in standards ‘Equality on presentation resource management.’ a made and 2013, September during transitionresource period’ held attheKenya ‘Human School of Studies Monetary ontheme 4th the on Boards Service Assembly County the and Boards Consultative Meeting for governors, chairpersons of theCounty Public Service and liabilities held at theSarova Shaba inIsiolo from 29th July to 1st August 2013 Retreatby Transitionthe Authorityfor Technical the Committee on transfer of assets GovernmentsCounty

SHAPING THEGO P NA JUSTICE ADMINISTRATION AGENDA VERNANCE ANDPUBLIC • • • • • School of Government. Similarly, theCommission commenced theprocess of developing Memoranda of Understanding (MoUs) with theWitness Protection Agency andtheKenya develop ways of working together. To thisend, theCommission developed andexecuted The Commission partnered with local, regional andinternational organisations to 6.8 to theOmbudsmanof Ontario andthe Public Protector of South Africa. Someof activities the conductedby theCommissionregard inthis included studya tour and theInvestigator General of Zambia. the Public Protector of South Africa,of Ombudsman Bermuda,of Ombudsman Ontario information sharing. Towards thisend, theCommission nurtured itscollaboration with the Commission sincethey provide aplatform for collaboration, technical assistance and purposes of benchmarking andinformation sharing. The partnerships are important to The Commission forged andnurtured partnerships with other ombudsmaninstitutions for 6.7 • • 3. 2.

og in KwaleCounty from Lodge 25 Consultative Forum of the Transition Authorityand the Senateheld atLeisure the and BeachResort in Kwale Countyfrom 25 Consultative forum of the Transition Authority and the Senate held atthe Leisure Golf SimbaLodge in Naivasha on17 the Induction workshop forthe Committee onImplementation of theConstitution at RightstheSerenaat Hotelin Mombasa from 6 on Legal Affairsand Human theStanding CommitteeInduction workshop for Parliament in Nyahururu 22 on University Launch human rightsof undergraduate as compulsory a courseLaikipia at Nakuru,Eldoret Nairobi. and in held seminars The presentations were made tolawyers threshold during Continuous the issues,Legal Education ‘integrity on state Kenya and service’ for lawyers and made presentations of leadershipon and integrity. Society Law the by organised Seminars Nyali International Beach Hotel 5 on the organisedSeminar by the Law Society Kenya of new lawsland on the at held Legal Profession common understanding of devolution.common understandingof

MEMORAND BENCHMARKING WITHOMBUDSMANINSTITUTIONS INSTITUTIONS ANDJOINTACTIVITIES A OFUNDERSTANDING WITHOTHER nd nd th th November 2013 to 27 to th th June 2013 th th th th th th October 2013 on the theme ‘Sharinga theme the on 2013October April 2013 to 27 to th th to 8 to th th th th October 2013 June 2013

95 THE COMMISSION ON ADMINISTRATIVE JUSTICE 96 THE COMMISSION ON ADMINISTRATIVE JUSTICE Ombudsman andMediators Association andtheAfrican OmbudsmanResearch Centre. the International Ombudsman Institute, International OmbudsmanAssociation, African ombudsmanactivities. The regional and international ombudsmaninstitutions were The Commission strengthened itsparticipation intheregional andinternational 6.9 against Corruption by Kenya under theauspices of theNational Steering Committee. Similarly, theCommission participated review of theimplementation of theUnited Nations its work andpresented areport to theDPP callingfor further investigations. relatedcriminalitiesother August2012.followingin TaskThedeath his Force finalised Prosecutions to investigate themurder of thelate Sheikh Aboud Rogo Mohammed and The Commission also participatedin theTask Force establishedby theDirector of Public Africa andtheAfrican OmbudsmanResearch Centre inSouth Africa. MOUs with theIndependent Policing Oversight Authority, thePublic Protector of South information. skillsin investigations,focused reporthoning on writing the and dissemination of Januaryand Novemberin2013 Canada respectively.and Zambiain Theprogramme in the TheCommission alsoparticipated meeting. andbetween AOMA,IOI and thedraft IOI AfricaConstitution for discussion in the next the African Research Ombudsman Centrestudy to memorandumthe understanding of wasselected alongside Zambia, theCommission Namibia, Cote d’Ivoire and theAfrican Ombudsman and Mediators Association (AOMA). During the meeting, needfor Constitution a andseparate by- laws, andtherelationship between IOI and an IOI Africa Meeting in Lusaka,Zambia in November 2013 which deliberatedon the TheCommission’s participation in IOI’sactivities during thereporting period included information disseminating researchand database institutions;about the and providing and ombudsman scholarships. storing collecting, research; supporting programmes; development operating and developingactivities; regional its in participation through organisations improving and public service and accountability. This is usually achieved law, effective democracy, administrative justice and procedural fairness publicin thereby contributingtorespect the for human rights, adherence tothe rule of Theprimary objective of IOIis to promote and developthe concept of ombudsmanship, 155 from 90 countries worldwide. umbrellaforombudsmanbody institutions established in 1978with a membership independent of an is IOI activities.The its in participated subsequently and (IOI) Institute TheCommission successfullyapplied for membership theInternationalto Ombudsman 6.9.1

Engagement withtheInternationalOmbudsmanInstitute ENGA OMBUDSMAN INSTITUTIONS GEMENT WITHREGIONALANDINTERNATIONAL Sapnn or Teeth’training programme‘Sharpening Your standards. Further, the Commission visited AORC offices in South Africa and held and Africa South in discussionsissues on mutual interest.of offices AORC visited Commission the Further, standards. normativedevelopment of thestrengths and challengesthe as well theombudsmen to as The researchcontribute sought to to the development of an enhanced understanding of included a study on comparative analysis of the legal regimes among AOMA members. During theperiod under review,theCommission participated in AORC activities which training wingAOMA. of African Ombudsman Researchthe Centre(AORC). AORC is theresearch, analysis and The Commission strengthened its rolein AOMA activities through engagementwith 6.9.3 strengthening of institutions Africa.ombudsman in the countries. The Colloquiumwhich was graced by the President of AOMA in September discussed ways Nairobi in which2013 Ombudsmen wasrepresentativesbyattended African ofombudsman of institutions from over 20 Colloquium Regional ever first the wayAsa of realisingthe objectivesofAOMA, the Commission successfully held integrity. seekspursueto issuesinterest of areas inthe the ofrule law, of goodgovernance and for ombudsmen and mediatorsacross organisation umbrella Africa with affiliated membership from 37Union African countries, and an is review. AOMA under period the The Commission participation its enhanced activities the in AOMA of the during 6.9.2 of thework of theOmbudsmaninAfrica. objective of the Colloquium was African to discuss ways of of enriching the Colloquium Ombudsman: Challenges quality and Prospects forand African Ombudsman Institutions.effectiveness The main Regional first the Ombudsmen inNairobiin September under 2013 thetheme Repositioning the organised successfully Commission The 6.10 Ombudsman Association andattendedone of their courses on professional development. During thereporting period, theCommission successfully joined theInternational 6.9.4

Engagement withtheAfricaOmbudsmanR Engagement withtheInternationalOmbudsmanAssociation Engagement withtheAfricanOmbudsmanandMediators REGIONAL COLL Association OQUIUM OFAFRICANOMBUDSMEN esearch Centre

97 THE COMMISSION ON ADMINISTRATIVE JUSTICE 98 THE COMMISSION ON ADMINISTRATIVE JUSTICE FromLeft: Ms. Maria Keating County- UNDP Director,Hon. Prof. Githu Muigai Attorney-General– the of Regional sectionA of thedelegates from various African countries listen to theproceedings during the ngola Nairobi on 18thSeptember 2013 of and HumanRights Committee, andHon. Paulo Tjipilika –thePresident of AOMA andtheOmbudsman Justice, Hon. Senator Amos Wako –former Attorney-General andChairman of theSenate Legal Affairs the Republic of Kenya, Commissioner Otiende Amollo –Chairperson of theCommission on Administrative

Colloquium dur ing

o f

the of

olloquium African

Ombudsmen

o f

A frican

Ombudsme on

19th

n September

the

K enya

2013

S chool

o f

Mo netary

S tudies

6.11 iv. iii. ii. i. Some of theobservations of theColloquium were: and governance distinguished of sectionconstitutional practitioners to discuss cross topical issues. a together brought Colloquium The through IPCRM during thereporting period. Mombasa, Kisumu, Kitale, Nyeri Nairobi, andWajir. - The counties Commission received more five 73cover complaints to expanded was platform the phase, pilot the of and theNational Anti-Corruption Campaign Steering Committee. Following thesuccesses following institutions: EACC, CAJ, KNCHR, NCIC, Transparency International - Kenya sema, piga repoti continues to provide aplatform for complaints referral amongst the The Integrated Public Complaints Referral Mechanism (IPCRM) commonly known as 6.12 of theNational Police Service. includingwith President, theDeputy Speaker of theSenate, andtheInspector General In addition, theCommission establishedcontacts witha number of stakeholders, facilitating theimplementation of thedecision. the African Commission onPeople’s Humanand Rights. The Commissionpresently is Commission on the implementation of Communication 276/2003 of thedecision of Rights Human Kenya the with meeting a attended also CAJ Offices. Independent and technical meeting by CIC on theworking relationship with Constitutional Commissions salientissues examine and ways of collaboration.Notably, Commissionthe a attended The Commission attendedstrategic meetings with various stakeholders to discuss

aig collaborativeexchange or meetings programmeshaving was mooted. Theroles of the AOMA andAORC were notedand appreciated.The idea of implemented.and respected are Observed theneed continuedesigning ingenuous ways of ensuring its decisions its success. in role critical waspublicnotedawareness It that plays ombudsman the of a mandate on the constitutionthe was emphasized.in ombudsman the to a desire and recognised was ombudsman establish the office the in African all countries expressed. of of entrenching importance The office the of centrality The

INTERGRA STRA MECHANISM TEGIC MEETINGSANDCOURTESYCALLS TED PUBLICCOMPLAINTSREFERRAL

99 THE COMMISSION ON ADMINISTRATIVE JUSTICE 100

THE COMMISSION ON ADMINISTRATIVE JUSTICE Table staff Level 5:CAJ Volunteer exited from theCommission. the year. During thereporting period three staff member recruited andone UN by CAJ staff atpresent to 71.Most of thecurrent staff members were recruited inthe course of Government, 2recruited by UNDP, and12are on internship, bringing thenumber of were recruited and11members of staff were seconded to theCommission from the The Commission has anapproved staff complement of 333 out of which 46 staff 7.3.1 7.3 aspects of itsmandate. regulations Justice Administrative This will2013). bring on to life theact andenable theCommission to implement various Commission (The law by required as gazetted During theperiod under review theregulations of theCommission were published and 7.2 resource utilization. Commission to enhance its capacity interms of human resource, infrastructure and and monitoring andevaluation. This section outlines theactivities undertaken by the strengthening thephysical andIT infrastructure, resource mobilization, risk management development. Strategic areas of focus include enhancing human resource capacity, in line with strategic objective 5which seeks to enhance organizational growth and seeks to establish afully capacitated institution inorder to realise itsmandate. This is TITUTIONAL CAPACITYThis section AND BUILDING outlines theactivities undertaken by theCommission in2013. The commission 7.1 7.0 Total No. 1. 5.

2 4 3

Staff Complement INTRODUCTION HUMAN RESOURCECAP THE COMMISSIONONADMINISTRA REGULATIONS 2013 Staff who exited during theperiod Staff from seconded to CAJ other Ministries Staff directly recruited by CAJ Staff category Staff on Internship Staff recruited by for (UNVs) UNDP CAJ DEVELOPMENT INS ACITY TIVE JUSTICE Number 11 12 46 75 4 2 Figure of staff 16Summary training Summary ofstafftraining staff as shown inthechart below. efficiency,sustain and boost to bid for a Commission the facilitatedIn CAJ training for 7.3.2 in Mombasaand Kisumu. The Commission has alsoservicesits made availableat offices branch opened Commission the inaccessibility of challenge the to response In capacity. full its to goes Commission the as even expansion for room has space Office newThe Wanjiku. to better services its offer to commission the enable will space office bigger occasioned by the need to acquire adequate space to accommodate its personnel. The was This 2013. December in Westlands in offices new to relocated Commission The 7.4 b) a) and knowledge during thereporting period. The trainings attendedare as follows: Additionally, theCommissioners attendedtrainingprograms so as to sharpen their skills

Ombudsman Association inRome, Italy, June 2013 Foundation of organizational ombudsmanpractice conductedby International by theOntario OmbudsmaninCanada, Jan2013. Training Programme for Administrative watchdogs inOntario, Canada conducted

Skills andCompetencyDevelopment PHYSICAL INFRASTRUCTURE

101 THE COMMISSION ON ADMINISTRATIVE JUSTICE 102

THE COMMISSION ON ADMINISTRATIVE JUSTICE strategic framework inApril 2013. Kenneth Vice Marende andCAJ Chairperson, Dr. Regina Mwatha during thelaunch of theCAJ Chairperson,CAJ Cmmr. former Otiende Amollo (L), Speaker of theNational Assembly, Hon. term strategies thatwill guide theCommission inexecuting itsmandate. by thetransition takingin thecountry.place Itcontains immediate,and long medium prioritiesthe forCommission the light in of anevolving operatingenvironment dictated ofthe Commission Framework on Administrative Strategic Justice: 2013-2016, – The which sets out thevision andoutlines plan strategic first the developed Commission The 7.5 itswork field work with ease. enhance to assorted equipment furniture. also UNDP donated two vehicles to enable Commission undertake and office photocopiers scanners, printers, computersto acquire of number a including; environment, support UNDP from benefited Nairobi. The offices are currently fully functional. During the same year the Commission Centrethe Huduma which isstrategically located within thecentral business district in of themeasures to be implemented to achieve thevision. prioritiesits andguides theCommission to curveniche its by providingcleara road-map the Commission envisions for Kenya andthemeasures to realise thevision. Itspells out The Framework istheaccountability statement of theCommission, aroad-map of what

STRA TEGIC FRAMEWORK period. CountyVisits and Research. totalA of KES21.9Million was utilisedduring reportingthe Commission implemented anumber of activities under various thematic areas including tosupport titled therealisation of Humanrights andaccess to justice inKenya, the under various programmes amounting to KES 50.6Million. Under project, theUNDP by various development partners through direct payments for activities implemented Apart from the Government funding, the Commission ofKES benefited from the support offered out KES 216,214,843.00 it expend 216,241,303.00 inthereview enabled period, which represents a99% absorption that rate. management financial the utilisation of public resources. Itfurther putcontrols inplace ensured that effective management by ensuring compliance with the relevant rules andregulations governing While appreciating the resource constraints, the Commission exercised prudent financial respectively. employees of compensation and assets non-capital of acquisition on expended were went towards actual operations thecorethat support functions while 32% and37% It isworth notingout that of thetotal allocation of KES 216,241,303 provision, 31% envisaged the the branch counties.establishment in ofoffices development47 the and 588,914,000. This created achallenge to optimal staff establishment, infra-structural Commission’sthe needswhich stoodKESat 285, 935,800 vis-à-vis proposedthe KES accounted for inthisreport. The reduction further widened theresource gap between revised downwards to KES 216,241,303 inthesupplementary estimates, theamount was only allocatedKES 302,978,200under Recurrent the Vote. This provision was later the Treasury, theproposal was revised to KES 588,914,000.However, theCommission consultations with counties.further After the all in branchoffices and headquarters the plan tothe Commission’s build capacity interms of infrastructure andhuman resource at 750,000,000 was submitted to theMinistryof Finance. The amount covered anelaborate KES of proposal budget A mandate. its operationalise to requiredresourceoutlay the Upon establishment, theCommission carried outa needsassessment to determine 7.7 and Toll Free numbers to ensure effective receipt andprocessing of public complaints. digital paperless environment. Italso plansto leverage on technologies such as SMS automatingthe complaints handlingprocess with of thesupport GIZ, andcreatinga the integrity ofinformation. its The Commission isintheprocess of re-engineering and place acomprehensive network security system to protect itsnetwork from intrusion and extending access to itscentral complaints’ thereby database. Nairobi, Further, in theCommission put in Office PostGeneral at Centre Huduma 1st the at and Kisumu, Mombasa in offices branch to Network Area efficiencyWide its enhance enhanced to It delivery.service ICT in on leverage to effort deliberate a made Commission The 7.6

FINANCIAL RESOURCES ICT INFRASTRUCTURE

103 THE COMMISSION ON ADMINISTRATIVE JUSTICE 104

THE COMMISSION ON ADMINISTRATIVE JUSTICE level, to ensure thatthemuch neededservices by thepublic are not curtailed. therefore critical to enhance theCommission’s allocations budgetary to amore realistic per year. With the huge budget deficit, the planned activities may not be achieved. It is the 4 years covered by theStrategic plan. This of translates into anaverage of KES 1billion the acrossspread fulfillment billion 3.8 KES of total a requires the Framework, Strategic CAJ the in towards impediment major Commission’s a mandate. In order to successfully implement theplannedactivities outlined remains funding Inadequate 8.1.2 continues to affect theresolution rate. factor delays,this undue withoutresolve complaints and inquirestrives Commissionto the towardsofficers. Whereas reformspublic attitude by the service,and public the in impunity manifestations of the of one is institutions. This and officers public concerned byinquiries its to responses of timeliness the by determined is resolvingcomplaints in the Commission by inquiries remains to the biggest obstacle respond to quick to resolution of complaints. officers This is because public efficiency and institutions of Failure 8.1.1 face anumber of challenges thataffect itswork invarying degrees. ANDWAYHALLENGES FORWARD Despite themilestones realised under thereportingperiod, theCommission continues to 8.1 8.0 the history of our nation lest thepublic becomes indifferent andeventually disillusioned. effort ismustered to ensure public sector reforms are realised during thisreform phase in access services of theCommission as guaranteed by law. Further, Itisnecessary thatall fullyrealised. The Governmentneeds to allocate more resources toensure Kenyansall the Ombudsman, thecustodian of thecitizens’ right to administrative justice, needsto be notwithstanding constraints. thebudgetary Itisimportant to note thatease of access of Office novelwiththe upways of enhancingaccessibilitycome Commission ofThe has and Mombasa inaddition to itsoffices inNairobi. reform institutions as well. At present, the Commission has two branch offices in Kisumu result to waning of public confidence in not only the Office of the Ombudsman but other forcountry ease access. Failure by themembers of thepublic to access itsservices may The Commission isunder thelaw, obligated to decentralizeservices its of to the allparts 8.1.3 31% was meant to for carter operations. 2013/2014 fiscal year it only got an allocation of 274 million shillings. Under this only In spite offact the Commissionthe that budgeted had for 438million shillings inthe level was too low to copewithstaffing theincreased demand for theCommission’s the services. and activities, Commission’s the for inadequate was outlay financial The capacity institutional of questionwhich overstretched isgetting the with theincreasing fore number of peopleseeking itsservices. the to brings This allocation. budgetary in public service. The increase inthenumber of complaints has not resulted to anincrease The administrative oversight of theCommission isbroad andencompasses theentire

Budgetary Constraints Impunity Decentralization CHALLENGES C

105 THE COMMISSION ON ADMINISTRATIVE JUSTICE 106

THE COMMISSION ON ADMINISTRATIVE JUSTICE • the Commission seeks to:- 2014ANDBEYOND OOKING AHEAD: overseer of responsiveness and servant-hood in public offices in Kenya. In the year 2014 The Commission will continue to execute itsmandate as itseeks to become aneffective 8.2 public will improve This service delivery andredress malfeasance officers. inpublic offices. public or state specific the against sanctions penal the commission. Non-compliance with thedecisions ofof thecommission ought to attract recommendations and determinations the of enforcement of terms in insufficient is legal framework should be sufficient to deal with the same. The present legal framework Considering thelevel of inthecountry, impunity itisdesirable andlogical thatthe 8.1.4 • • • • • • • •

public institutions as well as audits (spot checks) to assessing compliance levels. Government Agencies, andtrainings to improve complaints handlingcapacity of on systemic issues, strengthening partnerships with Ministries, and Departments Contribute to public service reforms through complaints handling, investigations Commission. complaints as IPCRM, theHudumainitiative andimprovement of theICT infrastructure in atthe such platforms efficiency other and media social numbers; and free toll of use accessibility through handling increase to technology on Leverage To adopt anew slogan inorder to simply itsmandate to thepublic. The slogan with EACC. on integrity issues withEACC. The Commission willseekingbe to fosterrelationship its To reach acompromise on theway forwardcomplementary inhandling its mandate Administrative Justice Act, 2011. will isolate possible complaints for public inquiries as guided by the Commission on To focus on public inquiries as a strategic way of handling complaints. The commissionadministration Employ alternative dispute resolution methods inrelation to complaints andpublic IECand simplified materials other outreach programmes including television shows, radio shows, advertisements of theCommission’s work. This will beachieved through conducting County visitsand Escalate awareness andadvocacy programmes andactivities to create understanding To devolveservices its to thecounties through partnership with governments. county sphere. Participate inlitigation on matters of public interest inthepublic administration

Insufficient StatutoryFramework L ‘we ‘we • • •

senate including therelevant House Committees of both Houses of Parliament. To buildacloser working relationship with both theNational Assembly andthe and IOIrespectively. To redefine its relationship with Regional and International Institution such as AOMA punity’ To reposition itself on itsexpanded jurisdiction as contemplated by various legislation. fight does.

im was adopted as thesimple way of explaining what theCommission

107 THE COMMISSION ON ADMINISTRATIVE JUSTICE 108

THE COMMISSION ON ADMINISTRATIVE JUSTICE ANNEX 1: CAJ FINANCIAL STATEMENT FINANCIAL ANNEX 1:CAJ 109 THE COMMISSION ON ADMINISTRATIVE JUSTICE 110

THE COMMISSION ON ADMINISTRATIVE JUSTICE 111 THE COMMISSION ON ADMINISTRATIVE JUSTICE 112

THE COMMISSION ON ADMINISTRATIVE JUSTICE 113 THE COMMISSION ON ADMINISTRATIVE JUSTICE 114

THE COMMISSION ON ADMINISTRATIVE JUSTICE 115 THE COMMISSION ON ADMINISTRATIVE JUSTICE 116

THE COMMISSION ON ADMINISTRATIVE JUSTICE 117 THE COMMISSION ON ADMINISTRATIVE JUSTICE 118

THE COMMISSION ON ADMINISTRATIVE JUSTICE 119 THE COMMISSION ON ADMINISTRATIVE JUSTICE 120

THE COMMISSION ON ADMINISTRATIVE JUSTICE 121 THE COMMISSION ON ADMINISTRATIVE JUSTICE 122

THE COMMISSION ON ADMINISTRATIVE JUSTICE 123 THE COMMISSION ON ADMINISTRATIVE JUSTICE 124

THE COMMISSION ON ADMINISTRATIVE JUSTICE 125 THE COMMISSION ON ADMINISTRATIVE JUSTICE 126

THE COMMISSION ON ADMINISTRATIVE JUSTICE 127 THE COMMISSION ON ADMINISTRATIVE JUSTICE 128

THE COMMISSION ON ADMINISTRATIVE JUSTICE “hearing”hearingofa forpanelpurpose the reachsitting to ofenablinga it means or or Public Officer or Public Office; Officer State or StateOffice Commissiona Commissiontakenbythe against upthe or “Complaint” means an oral, written or any other communication made or addressed to mandate of theCommission; the under matter any of breach alleging institution or person a means “Complainant” the Act; of 11 section under appointed Commission the of member a means “Commissioner” 3 of theAct; “Commission” means the Commission on Administrative Justice established under section section 11of theAct; “Chairperson” means the Chairperson of the Commission appointed in accordance with by theCommission isdone; “admission”determinationprocesstocomplaint the by whicha means of eligibility the “Act” meanstheCommission on Administrative Justice Act, 2013; 2. Inthese Regulations, unless thecontext otherwise requires— Regulations, 2013. 1. These Regulations may becited as theCommission on Administrative Justice PART I—PRELIMINARY THE COMMISSIONONADMINISTRATIVE JUSTICEREGULATIONS, 2013 Regulations:— Justice Act,the Commission 2011, on Administrative Justice makes thefollowing IN EXERCISEof powers the conferredby section 56of theCommission on Administrative REGULATIONS,ANNEX 2:CAJ 2013 THE COMMISSIONONADMINISTRATIVE JUSTICEACT Kenya GazetteSupplementNo.54 (Legislative SupplementNo.23) LEGAL NOTICE NO. 64 (No. 23of2011)

12th April,2013 shall include – (2) Awritten complaint shallbeinsuch form as the Commission may determine and Commission. the of officer designated a bywriting to reduced be may complaint write,the or read 5.Where(1) complaintthe orally,made is or otherwise,or complainant the cannot complainant, provided thattheCommission may admitanonymous complaints. on behalf of thecomplainant or by any other person authorized by law to act for the 4. Acomplaint may belodgedby thecomplainant inperson or by aperson acting or place such at places and insuch form as theCommission or may from Commission timeto timedetermine. the of offices the at lodged be may complaint A 3. PART II—LODGING ANDHANDLINGPROCEDUREOFACOMPLAINT “State officer” has themeaning assigned to itunder Article 260 of the Constitution. “State office” has the meaning assigned to it under Article 260 of the Constitution; and made; “respondent” process of conciliation or negotiation; the respondent to reach afair settlement regardingand thecomplaint andmay include, the complainant a assists Commission the which by process the means “mediation” a decision of theCommission; Commission’s the own motion of establishing on thefacts inamatter, by aninvestigator, or inquiry upon preliminary a following process formal the includes“investigation” announce adecision on acomplaint under adjudication; or technical rules of evidence applicable to proceedings before of acourt law. haveregard due to theprinciples of naturaljustice andshallnotbe bound by any legal 6. Inthedetermination of complaints under these Regulations, theCommission shall as may be directed by theChairperson. manner as to protect theidentity of, or particulars of, thecomplainant where necessary, (4)Despite foregoing, the complainta may anonymously,made be or treatedin such a to Commission the enable to detail sufficient in complaint the of substance complaint. (3) The complainant may attach or provide any documents necessary to the support act. (c) (b) (a)

the the par the nameandco

ticulars of therespondent; means pro o isiuin gis wo o wo h cmlit is complaint the who or whom against institution or person a ntact details of thecomplainant;

129 THE COMMISSION ON ADMINISTRATIVE JUSTICE 130

THE COMMISSION ON ADMINISTRATIVE JUSTICE (a) (2) The Commission, upon screening thecomplaint, may- forwarded to theappropriate intheCommission Department for screening. 9. (1)AComplaint shall, upon being entered into theregister under regulation 16, be of theCommission or any other person authorized to doso by theCommission. (3) Any document requiring service under these Regulations shall be served by an officer such manner as theCommission may determine. (2)Where notis it possible to effect personal service,document the may servedbe in document to thatperson. where practicable, beserved personally on the person by delivering or tendering the 8. (1) Any document required or authorized to be served under these Regulations shall, complaints. 7. The Commission shallnot charge any fee inthelodginganddetermination of discretion, proceed to dealwith acomplaint inthepublic interest. (3) Despite theprovisions of paragraphs theCommission (1)and(2), may, inits Commission may deem the complaint to have lapsed. fromCommissionthe within three communicationmonths from datethe of last the communication, to the respond to neglects or fails unjustifiably complainant a Where (2) Commission atany stage during itsconsideration. 12.complainantA (1) may, in writing, withdraw acomplaintpending before the purposes of thisregulation. the complainant of thedecision of theCommission shallbeconsidered as notice for the (3) For purposes of thisregulation, aletter under thehandof theChairperson notifying notified appropriately. (2) Where anappeal isdisallowed, thecomplaint shallbeclosed and theappellant may, inwriting, appeal to theChairperson against thediscontinuation. 11. (1)Where acomplaint has been discontinued under regulation 10, thecomplainant reasons thecomplainant andnotify accordingly. vise thecomplainantconsideration, thatthematterlies for determination itmay by discontinue another further proceedingsbody or on thecomplaint, record its Where,10. intheopinion of theCommission, acomplaint does not meritfurther institution andrefer thesame to thesaid body or institution. here appropriate, advise thecomplainant inwritingthat thematterisnot within (c) the mandate of theCommission; or (b)

ad w admit theco mplaint; regulation 17, theCommission may proceed to – If arespondent18. fails to respond to thesummonses or other orders referred to in determined by theCommission. issuesummons or make such other orders to attendto therespondentformin a to be (4) Ifupon theexpiry of twenty-eight days there isstill no response, theCommission shall the respondent. seven days to comply inform set out intheSecond Schedule, CAJ3-1 shallbesend to response nothere stillfinal If (3) givingis paragraphand reminder furtherunder a (2), shall becommunicated to therespondent. reminder giving seven days to comply inform set out intheSecond Schedule CAJ3-1 (2) Upon theexpiry of fourteen workingdays, ifthere isno response after receipt, a 2-1,form 1-1 or CAJ as applicable, CAJ set out intheFirst Schedule, to therespondent. 17.Upon (1) admission ofcomplaint, a Commission the shalldraftcommunicationa in PART III—ADMISSIONANDRESOLUTIONOFACOMPLAINT upon receipt, beentered. 16. The Commission shallkeep aregister of complaints inwhich all complaints shall, or suchsign-language other interpretation as may bedeemed necessary. (3) For purposes of paragraph interpretation (2), shallincludeinterpretation for braille, provided by theCommission. understandof thelanguage proceedings isentitledto theservices of aninterpreter to be (2)The Commission shallendeavourto ensure whoparty cannota that speak or languages. 15. Proceedings before theCommission shallbeconducted intheEnglishor Swahili 14. The Commission may take judicial notice of facts thatare publicly known. with which thetest complaint was consolidated. eat one complaint as atest complaint andstay further action on the other (2) The decision on atest complaint shallapply, mutatis mutandis, to allother complaints nsolidate thecomplaints; or complaints pending resolution of thetest complaint. (b) (a) allegations are raised against arespondent or respondents, theCommission may – 13. (1)Where two or more complaints are lodgedinwhich thesame or similar admission to thesatisfaction of theChairperson. re-admission of thecomplaint andgive reasons ofin support theapplication for re- (4) Where acomplaint has lapsed, thecomplainant may apply to theChairperson for

tr co

131 THE COMMISSION ON ADMINISTRATIVE JUSTICE 132

THE COMMISSION ON ADMINISTRATIVE JUSTICE nduct aninquiry; equisite andobtain information or documents; nduct investigations; (c) (b) (a) therespondenteport intheCommission’s Statutory Reports. 19. Inresolving acomplaint, theCommission may— ake appropriate action against(e) the unresponsive State or Public Office or Officer through Performance Contracting; or ite the respondent as an unresponsive(d) State or Public Office or Officer or declare titute legalproceedings against therespondentsuch State under to section or Public 52 Officer to beunfit to serve inthe (c)of the Public Service; (c) termine thecomplaint intheabsence of therespondent; Act; (b) (a) ward appropriate compensation to the complainant; ecommend an appropriate remedy; (b) (a) 21. Indetermining thecomplaint, theCommission may– (d) nter thename of therespondent intheCommission’s Citation Register which lare the respondent to be a person ineligible to hold a state or public office; complaint andthedetermination made;or shall besigned andsealedby theChairperson andwhich shallincludethe nature of the (c) (b) the Act or any other legislation; (a) ain orders from authorizing court search or seizure. determine thecomplaint and— After20. any adopting of theoptions stated inregulation 19, theCommission may ain warrants of arrest for breach of any summons or orders of the Commission;(h) vite or summon any person or persons to attendto theCommission; or nstitute ahearing panel; (g) (f) (e) (d)

a r mak e dec mak obt obt in co unde co r co r t c ins de e any other adverse findingagainst the respondent. e aformal determination thattherespondent isinbreach of theConstitution, rtake mediation, negotiation andconciliation; equisite any document or information from any person or institution; and the by determined (c) be to form in information requisition or summonses sue (b) he investigator may, subject to thedirection andcontrol of theCommission— Commission; (a) (2) officer of the Commission or any public office or investigation agency. a matteron its own initiative, theChairperson may commission an investigation by an blish theaction taken intheCommission’s Statutory Report. 22. (1)Where thecomplaint has been admitted, or where thecommission has taken up PARTsue aformal IV—INVESTIGATIONS caution or warning to therespondent; or (e) ecommend theremoval of therespondent from State or Public office; (d) (c) (3) The Commission shallissue amediation notice which shallinclude— Commission shall, in consultation with the parties, fix an appropriate date for a meeting. (2)Where both parties tocomplaint a consent to mediation andconciliation,the dispute may bebest resolved through mediation and conciliation. 23. (1)The Commission may, inwriting, advise theparties to acomplaint thatthe PART V—MEDIATION, CONCILIATION AND NEGOTIATION its Statutorytermine Report. thecomplaint appropriately. investigation, an in these and recommendations, include to may pursuant findings and (5) The Commission shallkeep arecord of each investigation andmay publish the efer thecomplaint to theappropriate public body for further action; or (d) nduct aformal hearing; (c) (b) (a) (4) Upon review of thereport, theCommission may— submit itto theChairperson of theCommission. y order of court, enter into any establishment or premises, conduct inspections (3) Upon completion of theinvestigation, theinvestigator shallprepare areport and or collect documents. (d)

de r unde co b r adminis is T pu is r rtake amediation or aconciliation; ter anOathor Affirmation;

133 THE COMMISSION ON ADMINISTRATIVE JUSTICE 134

THE COMMISSION ON ADMINISTRATIVE JUSTICE Commission andshallinclude— (2) The notice referred to inparagraphshall beintheform (1) to bedetermined by the panel andrequire them to enter appearance. Commission shallissue anotice to theconcerned parties on theconstitution of ahearing 27.Upon (1) determinationa complaint that should beaddressed through ahearing, the conduct itshearings inpublic. (3) Unless the circumstances otherwise require, for reasons stated, the Commission shall (2) Ahearing panel shallconsist of such persons as theChairperson may appoint. jurisdiction where itconsiders desirable or appropriate to doso. 26. (1)The Commission may conduct ahearing on any complaint or matterunder its PART VI—COMMISSIONHEARINGS compensation under thisPart. (3) Despite provisions of thisregulation, theCommission may make awards for to beadetermination of theCommission, andshallbeenforceable as such. (2) Amediation or conciliation agreement signed under thisregulation, shallbedeemed the designated Commissioner. and conciliation agreementbearing thecommon sealof theCommission andsigned by 25. (1)At theconclusion of themediation process, both parties shallsign amediation circumstances. apply such procedures as itmay, intheinterests of theparties, deem appropriate inthe 24. During themediation or meeting, thepanel appointed under regulation 23(4) may and such number of other persons as theChairperson may consider necessary. Chairperson shallconstitute amediation panel consistingof least at one Commissioner (4) Upon theissuance of amediation notice, but before thedate of themeeting, the (b) (a) otice that a party mayotice appear thataparty inperson or with anadvocate, representative or intermediary. (e) (d) (c) (b) (a)

a n the dur the pe the dat the name the dat the name nalty fornalty non-compliance; e, timeandvenue of themediation meeting. e, placeandtimeof thehearing; ation within which appearance isrequired; and s of theparties to thecomplaint; and s of theparties; a date for further hearing of thecomplaint. of the hearing, adjourn the proceedings and in every such case the Commission shall fix (5) The hearing panel may, for sufficient reason, at any time before or after the beginning (4) The hearing panel shallenter anappropriate decision or allof on part thecomplaint. necessary. may, atitsdiscretion, callsuch additional evidence or expert testimony as itconsiders (3) The hearing panel may, at any time, put questions to either party or any witnesses and hearing panel both on theevidence andgenerally on thesubject matterof thecomplaint. shall be entitled to give evidence, call witnesses, question any witnesses and address the (2)The parties shallbeheard insuch order as thehearing panel shalldetermine and technicalities andformalities. procedure for thepurpose of resolving thematterwhile avoiding unnecessary legal 29. (1)Despite theprovisions of thisregulation, ahearing panel maya suitable adopt both parties, andupon such terms andconditions as itdeems fit. to notice with complaint the of hearing the for date new a fix and decision the aside (4) The hearing panel may, upon consideration of themotion under paragraph set (3), attendance atthehearing. to satisfying theCommission thatthere were satisfactory grounds andreasons for non- may move theCommission to set aside thedecision andreinstate thecomplaint subject (3) Where acomplaint isdetermined under paragraphs indefault theparty (1)and(2), complaint on thebasis of theevidence before it. the with dispense to proceed served, duly was notice hearing a that satisfied may,if to thesummons but thecomplainant does not appear, or vice-versa, thehearing panel (2) If, on the day fixed for the hearing of a complaint, the respondent appears in answer default of appearance as itmay deem fit. ordersin make and respondent the hear to proceedmay panel required,hearing the 28.Where(1) tocomplaint a has beenparty a dulyserved failsand to appearas bythe to be determined form in notice Commission, shallbeserved a on alltheparties. hearing date, a hearing fixing Upon (6) hearing, shallbeconsidered as notice of appearance by thatparty. a party, informing theCommission shallappearon thedate andplaceof thattheparty (5) For purpose of this regulation, a letter or any other sufficient indication in writing, by shall give directions andfixahearing date. (4) Where has entered aparty appearance under to paragraph theCommission (3), the date of service of thenotice to theparties under paragraph (2). (3) An appearance before thehearing panel shallbemadewithin fourteen days from

135 THE COMMISSION ON ADMINISTRATIVE JUSTICE 136

THE COMMISSION ON ADMINISTRATIVE JUSTICE 31. After concluding thehearing of the matter, the hearing panel shallrender adecision (b) the advocate files a written notice of withdrawal from the matter with the Commission. the Commission; written a advocate’sfiles revocationcomplaint the the of authority to with party the (a) advocateparty’s throughout theproceedings unless— 30. An advocate who appears atany for aparty stage shallbedeemed to bethat hearing panel or by any person authorized to doso by theCommission. The(10) evidence of theparties andthatof each witness shallberecorded by the purpose, thehearing panel shalladminister such oathor affirmation. (9) Evidence before the hearing panel shall be given on oath or affirmation and for that not initially presented to theCommission. not stated inhiscomplaint, or as thecase may be, hisreply, andadduce any evidence to doso withno resultingprejudice to therespondent, to rely permita party on grounds At(8) any hearing, thehearing panel may,is satisfied ifit is it that just and reasonable document. personalthe attendanceof anywitness, deponent or author ofwritten a statementor orders, by affidavit or written statement, but the hearing panel may at any stage require (7) Evidence before thehearing panel may begiven orally, or ifthehearing panel so interim orders, as itmay deem fitand just inthe circumstances. In thecourse(6) of theproceedings, thehearing panel may make such preservatory or and authenticated as orders of the Commission andshallbesigned by theChairperson. 32. (1)The orders madeina decision of thehearing panel shallbeextracted, sealed without prejudice to thesubstance of itsfindings. (4) After thedecision is rendered, theCommission may correct typographical errors of thecomplaint, thepanel shalldeliver thedecision on notice. (3) Where thedecision of thehearing panel isnot given immediately after thehearing (e) (d) (c) (b) (a) (2) Adecision under paragraph (1)shallbeinwriting and shall state— re f

ecting substantive justice. the o the r the de a summar the natur emedy to which thecomplaint isentitled; and rder of thepanel necessary to enforce theremedy. termination andreasons thepanel’s supporting decision; e of thecomplaint; y of therelevant facts andevidence adduced before thepanel; e matters relating to administrative justice; e matters affecting public administration; e matters raising substantial policy implications; (d) e matters of broad public interest; (c) (b) (a) amicus curiae, theCommission itself shallsatisfy thattheissues before thecourt— (2) Indetermining whether to join proceedings as interested parties, interveners or giving written reasons, decline to beenjoined insuch proceedings. may,it upon so do requestedto Commissionis amicuscuriae,the providedwhen that proceedings of inacourt law or judicial tribunal as interested party, interveners or 34.The Commission may, onown its motion or upon invitation,seek to join legal PART VII—MISCELLANEOUS 33. Parties may obtain acopy of theCommission’s decision free of charge. (2) Orders of theCommission shallbeenforced insimilarmanner as Orders of Court. West EndTowers, 2ndFloor, Waiyaki Way, P. O. Box 20414, Nairobi. may forward them to theCommission Secretary, Commission on Administrative Justice, **TAKENOTICE any that person who may have any commentson these Regulations 2013 andalso Office attheHead of the Commission atNairobi. excludedfrom publication this butare availableoriginalin the Legal Notice No. 64 of * The marginal notes to theRegulations andtheforms referred to herein have been Chairperson,theCommissiononAdministrative Justice. OTIENDE AMOLLO, Made on the8thApril, 2013. such instructions as theCommission may issue from timeto time. 36. Any case notcovered by these Regulationswithdealt shallbe in accordance with e matters of interest to theCommission inlight of itsmandate. carrying out of theprovisions of theAct andthese Regulations. e matters concerning leadership andintegrity; or 35. The Commission may fromto time determine time any other forms for thebetter (f) (e)

ar ar ar ar ar ar

137 THE COMMISSION ON ADMINISTRATIVE JUSTICE 138

THE COMMISSION ON ADMINISTRATIVE JUSTICE JUSTICE MEMBERS OFTHECOMMISSION ONADMINISTRATIVE

Cmmr. Dr. Regina Mwatha, MBS Vice Chairperson Mr. Leonard Ngaluma, MBS Cmmr. OtiendeAmollo, Commission Secretary Chair/Ombudsman EBS Cmmr. Saadia Mohamed, OGW, Commissioner MBS