An Investigation report on allegations of maladministration at the State Department of Devolution

Abstract

The Commission received anonymous complaints on unfair handling of disciplinary cases prompted by improper promotions, irregular secondment of staff and irregular hiring of casuals & experts at the State Department of Devolution. Pursuant to section 8 of the CAJ Act, the Commission carried out investigations to ascertain the veracity of the aforementioned allegations. The Commission sought to establish whether any laws, policies or regulations were violated by any parties at the State Department in carrying out the above specified actions. The Commission notified the Principal Secretary, State Department of Devolution of the Commission’s decision to undertake the investigation. A team of investigators visited the State Department of Devolution and Public Service Commission offices, conducted interviews with staff at the State Department and recovered documents relevant to the issues under investigation. Investigations established that the allegations were unsubstantiated. However, there arose suspicion on the secondment of staff at the State Department with respect to a particular instance where a member of staff was suspected to have been seconded without approval, although evidence proved otherwise. In light of these findings, the Commission recommended that the PSC to further monitor and investigate the secondment of staff at the State Department, pursuant to its functions and powers provided for under Article 234 of the Constitution of Kenya, 2010. It was also recommended that the PSC shares with CAJ its final determinations on the disciplinary cases arising from suspected fraudulent promotions staff at the State Department. Further, it was recommended that the determinations be communicated to the affected staff by the authorized officer and they be advised to appeal at the PSC if dissatisfied with the same.