BI-ANNUAL REPORT FOR THE PERIOD JANUARY - JUNE 2024

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.