http://library.ombudsman.go.ke:8080/jspui/handle/caj/2 2026-04-04T00:30:01Z 2026-04-04T00:30:01Z Ombudsman http://library.ombudsman.go.ke:8080/jspui/handle/caj/261 2026-03-06T08:01:40Z 2024-01-01T00:00:00Z

Title: BI-ANNUAL REPORT FOR THE PERIOD JANUARY - JUNE 2024 Authors: Ombudsman Abstract: The Commission draws its mandate from Article 59(4) of the Constitution, the Commission on Administrative Justice Act, 2011, the Fair Administrative Action Act, 2015 and the Access to Information Act, 2016. The commission has been in existence since September 2011 and plays a key role in the promotion of good governance, redressing maladministration and oversighting implementation of the right of access to information in Kenya.The Mandate of the Commission is two-fold and extends to both National and County Governments. The first, and traditional role of the Commission is to address maladministration within the public service. In this regard, the Commission is empowered to investigate any conduct in State affairs, or any act or omission in public administration by any State organ, State or Public Officer in National and County Governments that is alleged or suspected to be prejudicial or improper or is likely to result in any impropriety or prejudice. In addition, the Commission investigates complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct within the public sector and inquires into allegations of maladministration, delay, administrative injustice, discourtesy, incompetence, misbehavior, inefficiency or ineptitude within the public service among other functions. Secondly the Commission has a mandate of overseeing and enforcing the implementation of the Access to Information Act, 2016 so as to give effect to Article 35 of the Constitution. Further impetus to the Commission’s mandate is given by the Fair Administrative Action Act of 2015 which gives effect to Article 47 of the Constitution, the right to Fair administrative Action. Articles 59(2)(j) and 254 of the Constitution, and section 8(c) of the Commission on Administrative Justice Act, 2011 mandates the Commission to report bi-annually to the Senate and National Assembly on the complaints investigated and the remedial action taken during the period. It is on the basis of this statutory requirement that this report has been prepared. In a bid to resolve the complaints received, the Commission applies a number of methods namely; conducting investigations, requisitioning and obtaining information or documents, conducting inquiries, undertaking mediation, negotiation and conciliation, constituting hearing panels, inviting or summoning any person or persons to attend to the Commission among other applicable complaints resolution mechanisms in a bid to redress maladministration. This report highlights the complaints received, the parties to the complaint, the nature of complaint, the measures undertaken by the Commission in resolving the complaints, remedial action taken and the status of each complaint. iv The report further contains a summary of the total number of complaints received; the number of complaints resolved, unresponsive public offices/officers, the challenges faced by the Commission, recommendations and proposed Parliamentary intervention for enforcement. The Report is structured into seven parts with a Foreword, Executive Summary, Table of Contents, Definition of terms, Introduction, Summary of Complaints Received and handled by the Commission, Challenges and Recommendations. It is my hope and belief that this report will prompt the Ministries, Departments, Agencies and County Governments to commit to complaints resolution so as to improve service delivery to citizens. The Commission remains committed to providing support to the Government to put in place effective and efficient complaints handling frameworks, and to providing services to citizens to achieve administrative justice.

2024-01-01T00:00:00Z Commission on Administrative Justice http://library.ombudsman.go.ke:8080/jspui/handle/caj/259 2024-05-23T08:10:56Z 2024-05-01T00:00:00Z

Title: Status of Administrative Justice and Access to Information Report 2012-2023 Authors: Commission on Administrative Justice Abstract: The status report on Administrative Justice and access to Information is prepared according to article 254(1) of the constitution and section 8(i)of the commission on Administrative Justice Act no. 23 of 2016 which obligates the Commission to prepare and submit periodic reports on the status of Administrative Justice and access to Information to Parliament and the President. The report highlights among others description of the activities undertaken by the Commission, recommendations on legal and administrative measures to address specific concerns identified and the financial status. The report is structured into six chapters with each chapter addressing a specific thematic area. Chapter one gives background information on establishment and mandate, vision, mission and core values. The content of the subsequent chapters is as highlighted: status of administrative Justice, Access to Information, performance contracting and survey on administrative justice status and public awareness and partnerships. Description: Special report on the status of Administrative Justice and Access to Information 2013-2023

2024-05-01T00:00:00Z Commission on Administrative Justice http://library.ombudsman.go.ke:8080/jspui/handle/caj/258 2024-04-22T08:14:56Z 2024-03-01T00:00:00Z

Title: Ombudsman Newsletter Issue 12 - January - March 2024 Authors: Commission on Administrative Justice Abstract: In this Edition, the Commission, in partnership with the Geneva Centre for Security Sector Governance (DCAF), held a public inquiry in Wajir County on the barriers to the acquisition of legal identity documents including birth and death certificates, identification cards and passports by the residents of the county. The Commission also continued redress administrative wrongs in the public sector with one of the notable cases being the case of Mr. Parminas Oyori Monayo, a former employee of the National Cereals and Produce Board (NCPB) who was reinstated to his job following the implementation of a formal determination of the Commission on Administrative Justice (Office of the Ombudsman) which recommended that the Board reinstates him to continue serving as its officer with no loss of benefit. The Commission found that the decision by the Board to retire the employee from service on account of age amounted to unlawful termination and that the Board did not have the power to retire the employee at the age of 60 years since he had not attained the mandatory retirement age for persons with disability. In this edition, the Commission also undertook a systemic investigation on remote accessibility of selected public institutions in various sectors. The investigation revealed that most public institutions have functional websites and have put in place sufficient infrastructure for remote accessibility. The investigation, however, established that the availability of remote accessibility infrastructure in most institutions was inadequate in facilitating effective complaints management as some telephone numbers were not working, unresponsiveness to email inquiries, and service charters with no clear response to inquiries and complaints management. The Commission also upscaled capacity building of public officers and public awareness and education for the public on its mandate and the complaints handling procedure to enable the public to be able to file complaints with the Commission both under the administrative justice and the access to information mandates. Thank you for your continued support, and we look forward to keeping you informed in future editions of the Ombudsman Newsletter. Description: Newsletter

2024-03-01T00:00:00Z Commission on Administrative Justice http://library.ombudsman.go.ke:8080/jspui/handle/caj/257 2024-02-29T09:53:46Z 2023-05-01T00:00:00Z

Title: AN INVESTIGATION REPORT ON ALLEGED MANIFEST INJUSTICE IN THE ISSUANCE OF PASSPORTS BY THE DEPARTMENT OF IMMIGRATION Authors: Commission on Administrative Justice Abstract: The Commission undertook investigations into allegations that the Department of Immigration was overcharging citizens for passports. The investigation was Triggered by several complaints made online on social media via a Facebook Page called “Wanderlust Diaries Ltd” against the Department of Immigration. The Office of the Director General Immigration Services was notified of the Commission’s decision to investigate the matter on 3rd November 2022. The investigations team visited the Immigration offices and the Government Digital Payment Unit under the National Treasury, interviewed a number of officers as well as complainants, and obtained several documents relevant to the matter under investigation. All nine complaints alleging overcharge of passport fees were found to be true while the allegation by the Department of Immigration that the complainants edited their application to a lower series was found to be false. Investigations revealed that the Department of Immigration lacks an internal policy or a procedure guiding and regulating issues that may arise out of passport processing such as editing and cancellation of applications and also lacks a mechanism to automatically refund excess payments. Delays in the processing of passports and the unavailability of a particular passport series on the e-citizen platform were found to be occasioned majorly by two factors; delays in the approval of the procurement of blank passport booklets, and, the continuous breakdown of printing machines at the Department of Immigration. The e-citizen system was found to have eased and improved the efficiency of the passport application and payment processes but needs an upgrade to deal with emerging trends. In light of these findings, its recommended interalia that the Department of Immigration refunds all applicants with outstanding overpayment while formulating policy guidelines that will formalize and standardize the management of issues arising from the passport application processes. Description: Investigation reports

2023-05-01T00:00:00Z