Delivering as One: Our Key Milestones and Achievements
Status of Administrative Justice and Access to Information Report Launched
Commission Feted During African Public Service Optimum Awards
Commission Elected to the Executive Committee of ANIC, ICIC
European Union Experts Train Commission Officers
SUCCESS STORIES u
Deceased’s Pension Dues Paid after Nineteen Years
Potential Student Admitted to Kenya Medical Training College
TSC Employee Transferred on Medical Grounds
TVET Tutor Promoted
Unpaid Claims Finally Settled
Salary Arrears Settled Nine Years Later
TSC Makes Salary Adjustments for JSS Teacher’s Pay Arrears
NSSF Dues Paid
Widow’s and Children’s Pension Arrears Paid
Permanent Residency Processed After Three Years
Muthangari Traffic Base Commander Ordered to Release Information
County Government of Siaya CECM Ordered to Release Information
Agricultural Finance Corporation Complies with Commission’s Orders, Releases Information u
Nuclear Power and Energy Agency Commended for Information Disclosures, Public Engagement on Nuclear Power Plant in Uyombo
Four Water Companies in Kiambu County Ordered to Release Information
Siaya County Secretary Releases Information
Governor Sakaja Ordered to Release Information
National Registration Bureau Ordered to Correct Personal Information
Cabinet Secretary for Health Ordered to Release Information, Make GMOs Report Public
Prime Cabinet Secretary Ordered to Release Information
Kenyatta National Hospital Complies, Releases Medical Report
National Transport and Safety Authority Releases Road Accident Information
u u
Patients’ Right to Health Violated, Ombudsman Investigation Reveals
Ombudsman Investigation Reveals Irregular Double Allocation of Land, Orders Cancellation of Second Allocation
Uasin Gishu County
Nandi County
Meru County
Murang’a County
Kajiado County
Machakos County
Commission Chairperson
Hon. Florence Kajuju, MBS
Commissioners
Mr. Washington Sati, MBSCommission Vice Chairperson.
Ms. Lucy Ndung’u, EBSCommissioner In-Charge of Access to Information.
Commission Secretary/CEO
Ms. Mercy K. Wambua, OGW
Editor
Mr. Osman Mohammed
Contributors
Viola Ochola
Sammy Cheboi
Edward Opany
Morine Akinyi
Peter Korir
Moses Msengeti
Maryane Wanjiru
Rodney Amollo
Franklin
Eunice Keter
Joyce
Sylvia
Celebrating Milestones
Our most beloved readers,
It is a pleasure to present the thirteenth issue of the Ombudsman Newsletter. In this edition, we highlight the launch of the Status of Administrative Justice and Access to Information Report in Kenya 2012 to 2023. The report was launched on Wednesday, May 22, 2024, at the Kenya School of Government, Lower Kabete, in an event presided over by the Chairperson of the Justice and Legal Affairs Committee of the National Assembly, Hon. George Murugara.
The Commission was also elected to the Executive Committee of the African Network of Information Commissioners (ANIC) during the ANIC General Assembly in Johannesburg, South Africa, on 23rd and 24th May 2024 and to the Executive Committee of the International Conference of Information Commissioners (ICIC) in the ICIC Conference held in Tirana, Albania on 3rd to 5th June 2024.
During the period, the Commission was feted during the African Public Service Optimum Awards where it emerged as the winner of the most outstanding Commission in Investigation of Complaints Across Africa Category. The award ceremony was held on June 5, 2024, in Accra, Ghana.
The Commission also continued redressing administrative wrongs and enforcing the right of access to information. One of the outstanding complaints the Commission resolved was of a widow of a former Kenya Defence Forces officer who was finally paid the late husband’s pension dues after nineteen years thanks to the intervention of the Commission in a case of inordinate delay. The Commission issued several orders under the Access to information Act which has enabled citizens to access the requested information.
In this edition, we also highlight two investigations released by the Commission where an investigation by the Commission revealed that the forceful discharge of three patients with gunshot injuries from Kitengela Sub-County Hospital breached their right to health and right to be treated with respect and dignity. In the second investigation, the Commission has recommended the cancellation of the second allotment of a plot in Voi by the Director, Land Administration, and that the records be rectified to eliminate the double registration.
Finally, I would like to express my gratitude to the Commissioners and staff for the vital work they are doing in promoting administrative justice and access to information in Kenya through complaints resolution and public education. We will always accomplish more when we collaborate and form partnerships. Through teamwork and partnerships, we will always achieve better.
Editor
Mr.
Delivering as One: Our Key Milestones and Achievements
By Mercy K Wambua, OGW, Commission Secretary/CEO
In the last three quarters of the 2023/2024 financial year, we have made several significant achievements, the key among them being the successfully held Fourth Edition of the Huduma Ombudsman Award ceremony on 23rd November 2023 at the Kenyatta International Convention Centre (KICC). The award saw 16 outstanding public officers awarded and recognised in the Public Service Delivery Category: Individual Category, five institutions awarded in the Public Service Delivery Category: Institutional Category, and three institutions in the Access to Information Category: Institutional Category. During the award ceremony, four governors were also awarded under the Ugatuzi Award Category. The Ombudsman Valour Award went to Corporal Julius Karanja Irungu for heroic services to the nation at great personal cost.
The Commission on Wednesday, May 22, 2024, also launched the Status of Administrative Justice and Access to Information Report 2012 to 2023 at the Kenya School of Government, Lower Kabete, in an event presided over by the Chairperson of the Justice and Legal Affairs Committee of the National Assembly, Hon George Murugara.
During the reporting period, the Commission handled 42,678 complaints out of which 25,501 were resolved, representing a resolution rate of 59.8% with delay being the major form of maladministration at 22.60%.
On its second mandate of overseeing the enforcement of the access to information law as guaranteed by Article 35 of the Constitution and operationalised by the Access to Information Act, 2016, the Commission received 854 appeals for review since 2016 when the ATI was passed and resolved 786 representing a resolution rate of 85%.
In the last three quarters of the FY 2023/2024, the Commission received a total of 3,927 complaints under the traditional mandate of addressing all forms of maladministration out of which 2,201 were resolved representing a resolution rate of 56.05%. On the second mandate of overseeing the enforcement of access to information, the Commission received and determined all the 178 ATI applications received.
On other functions of the Commission, the Commission undertook nine litigation cases, issued compliance certificates to 386 Ministries, Departments and Agencies and Counties meeting CAJ PC
requirements for FY 2022/23; developed draft subsidiary legislation on ATI, finalised Parliamentary engagements on ATI General Regulations, and published the regulations, reviewed 56 requests for concurrence of disposal of records. Concurrence for disposal of 438,276 public records granted by the Commission, leveraged on the various media platforms to undertake public awareness and education where 1,017,653 people were reached.
On the capacity building of public officers on effective public service delivery, public complaints management, and access to information, the Commission trained 4,261 public officers from different public institutions; and issued one advisory opinion on Enhancing Road Safety Measures issued on 18th September, 2023.
In the same period, the Commission received two major awards; the overall winner of the best Constitutional Commission and Independent Office in the Diversity, Equity, Inclusion, and Belonging (DEIB) and Sustainability category during the sixth Annual National Diversity and Inclusion Awards & Recognition (DIAR Awards held on 22nd March, 2024.
It was also feted as the most outstanding Commission in the investigation of complaints across Africa during the African Public Service Optimum (APSO) Awards held in Accra, Ghana, on 5th June, 2024, where the Commission was represented by Vice Chairperson, Mr. Washington Sati.
Status of Administrative Justice and Access to Information Report Launched
The Commission on Wednesday, May 22, 2024, launched the Status of Administrative Justice and Access to Information Report 2012 to 2023 at the Kenya School of Government, Lower Kabete, in an event presided over by the Chairperson of the Justice and Legal Affairs Committee of the National Assembly, Hon. George Murugara.
During the reporting period, the Commission handled 42,678 complaints out of which 25,501 were resolved, representing a resolution rate of 59.8% with delay being the major form of maladministration at 22.60%. On its second mandate of overseeing the enforcement of the access to information law as guaranteed by Article 35 of the Constitution and operationalised by the Access to Information Act, 2016, the Commission received 854 appeals for review since 2016 and resolved 786 representing a resolution rate of 85%.
According to the report, the Commission received 53.34% of all complaints against seventeen institutions with the National Police Service, Ministry of Lands and Physical Planning, Ministry of Interior and Coordination of National Government, The Judiciary, and the Ministry of Education being the institutions most complained against.
The Commission also undertook 73 investigations which included both specific and systemic investigations and issued several advisories on key emerging issues that affect democratic values and principles of governance in the public service.
During the period, Ministries, Departments, Agencies, and Counties (MDACs) under the Performance Contracting obligation received 3,806,452 complaints and resolved 3,561,055 of them translating to a resolution rate of 94%. The MDACs also processed 249,424 information requests where 248,116 requests were granted.
The majority of complaints were reported in state corporations at 76.1% followed by tertiary institutions, 12.4%, and Ministries and departments, 11.5%. Delay, inefficiency, and incompetence accounted for the most complaints.
On public awareness, a recent survey revealed that most of the respondents in 7 out of 10 counties were aware of the office of the Ombudsman and its mandate. However, in three counties, namely; Isiolo, Nairobi, and Garissa, most of the respondents were unaware of the office and its mandate. Of the 59.3% who were aware of the Commission and its mandate, the majority, 56.8%, said they learned of it through the media. This was followed by referral by a relative or a friend, social media, and outreach engagements with 41.1%, 35.0%, and 23.7%, respectively. Notably, some of the respondents learned of the Commission through referrals by public entities at 5.9%. On the capacity building of public officers, the Commission trained 28,373 public officers on effective public service delivery, resolution of public complaints, and promotion of the right of access to information.
Despite the milestones and the key achievements, the Commission faced several challenges during the period under review, which hindered the achievement of some of the targets such as inadequate legal framework that inhibits enforcement of the decisions and recommendations of the Commission; financial constraints that have led to low public awareness levels, inadequate decentralisation of services, and staff capacity which is currently at 38% of the approved establishment; the culture of secrecy, unresponsiveness, and impunity in the public sector. This has manifested itself through continued resistance by duty bearers being public entities and relevant private bodies from complying with their obligations under the ATI Act.
The Commission recommends the strengthening of its legal framework to ensure that its decisions and recommendations are binding to curb impunity, increased budgetary allocation, and inclusion of access to information as one of the performance indicators in the performance contracting framework for public entities.
Present during the report launch were the Commission Vice Chairperson, Mr. Washington Sati, Commissioner in Charge of Access to Information, Ms. Lucy Ndung'u, CEO, Mercy Wambua, Commissioners from various Constitutional Commissions, development partners, Chairpersons of various Parliamentary Committees, CEOs of various public entities, and representatives from various Ministries, Departments, and Agencies.
Commission Feted During African Public Service Optimum Awards
The Commission emerged winner in the most outstanding Commission in Investigation of Complaints Across Africa Category during the African Public Service Optimum (APSO) Awards ceremony held on June 5, 2024, in Accra, Ghana. The Vice Chairperson, Mr. Washington Sati, accepted the award on behalf of the Commission. The event brought together numerous public institutions from across the continent to celebrate excellence in public service.
The APSO Awards are designed to identify and publicly acknowledge outstanding performance by high-level public servants and institutions throughout Africa. These accolades are presented to those who have demonstrated exceptional dedication and excellence in their roles.
The APSO Awards was introduced by the internationally acclaimed The Business Executive (TBE) Media Group. Consideration for awards cover state institutions in various forms inclusive of government institutions such as the executive legislature and the judiciary as well as state owned agencies and enterprises. Awards are also conferred on exemplary individual public servants engaged in such institutions and enterprises.
Commitment to optimal performance, effort towards fulfilling institutional mandates and actual outputs and impact of those efforts all serve as awardee selection criteria. Award winners are selected by a multinational Awards Selection Board, comprising 12 highly skilled and experienced experts on public sector performance across Africa. They select the winners - using established consideration criteria –from a shortlist of nominations from the public which have been authenticated for accuracy of content and assessed with regards to meeting both the eligibility and performance criteria, both processes executed by separate independent research and analysis teams contracted by the award event organisers specifically for those purposes.
The Commission was elected to the Executive Committee of the African Network of Information Commissioners (ANIC) during ANIC General Assembly in Johannesburg, South Africa, on 23rd and 24th May, 2024. The Commission was equally elected to the Executive Committee of the International Conference of Information Commissioners (ICIC) in the ICIC Conference held in Tirana, Albania on 3rd to 5th June, 2024.
ANIC is a multilateral forum made up of African Information Commissioners, Ombudspersons and any other regulatory authorities, including transparency councils or boards that are responsible for protecting, promoting and ensuring the respect of access to information law within their respective jurisdictions.
The forum, therefore, constitutes those who are interested in contributing to the development of a culture of transparency, the purpose of which is to maintain a formal forum for dialogue,cooperation and exchange of knowledge and experience among its members.
The forum also agitates for the passing of access to information laws in countries that do not have one.
On the other hand, ICIC is a conglomeration of Information Commissioners from across the world which connects Information Commissioners, Ombudspersons and other bodies charged with overseeing the implementation of public information legislation. Its main purpose is to foster the protection and the promotion of access to Information as a fundamental pillar to
Commission Elected to the Executive Committee of ANIC, ICIC
Experts from the European Union under the Technical Assistance and Information Exchange (TAIEX) Expert Mission on 6th to 9th May, 2024, trained the Commission officers drawn from five departments on Access to Information and Administrative Justice.
Speaking during the opening of the workshop, the Commission Vice Chairperson, Mr. Washington Sati, appreciated the support and observed that capacity building for technical officers is very key in ensuring that they effectively undertake their roles and the mandate of the Commission.
Mr. Sati noted that the skills and knowledge the officers acquired will go a long way in improving their efficiency and urged the EU to partner with the Commission for long-term sustainable learning and experience sharing.
The CEO of the Commission, Ms. Mercy Wambua, thanked the EU for the support and noted that the training is an important milestone in the pursuit of administrative justice. She noted that the Commission is implementing Sustainable Development Goal number 16 which is also critical in achieving Vision 2030 on fair and accountable government.
On his part, Mr. Ondrej Simek, Deputy Head of the EU Delegation, noted that the expert mission is aimed at helping countries to be more accountable to citizens in service delivery and that the Ombudsman institution is a citizen-friendly institution and accountability is crucial for an effective Ombudsman institution.
The four-day training was facilitated by Mr. Mikko Puumalainen, Deputy Chancellor of Justice, Finland, and Mr. Duarte Dos Santos Vaz Geraldes, Legal Officer, Ombudsman’s Office, Portugal. Mr. Simek affirmed that the training is part of a long-term partnership between the EU and the Commission and urged the participants to utilise the opportunity to learn and share experiences with the experts.
On the last day of the training, the Commission Chairperson, Hon. Florence Kajuju, hosted the two experts.
Hon. Kajuju thanked the EU and the experts for offering to facilitate the training and reiterated the need for the Commission and the EU to extend the partnership so that more officers of the Commission can benefit from the capacity-building initiatives under the TAIEX Expert Mission.
Some of the topics covered during the training included; investigation report writing skills, identification of administrative and access to information systemic issues for investigation, documentation and record keeping in access to information, evidence gathering and analysis in administrative cases and access to information, mechanisms for follow-up of ombudsman recommendations, and how to deal with complaints about ombudsman institutions, among others.
Deceased’s Pension Dues Paid after Nineteen Years
The pension dues for a deceased Kenya Defence Forces employee were finally paid to the beneficiaries following the intervention of the Commission in a case of inordinate delay.
The deceased’s widow, Ms. Rachel Kipsang, com plained to the Commission alleging delay by the Pensions Department to process dues owed to her late husband. According to her, she is the wife and the legal representative to the estate of Mr. Joseph Kiptanui Kipsang who, until his demise on 6th Decem ber 2005, was an employee of the Kenya Defence Forces. Upon the demise of her husband, she sought to be paid the dues owed to the deceased’s estate and duly filled out the requisite forms to facilitate the payment. However, the payment was not forthcom ing even after making several follow-ups. This predica ment impelled her to seek the intervention of the Commission.
The Commission by way of inquiry took up the matter with the Pensions Department leading to payment of the deceased’s dues to the beneficiaries.
Unpaid Claims Finally Settled
The State Law Office finally settled a claim following the intervention of the Commission.
Ms. Elizabeth Jeptoo complained to the Commission alleging failure by the State Law Office to ensure the settlement of her claim awarded by court in Eldoret Chief Magistrate’s Court Civil Case Number 1097 of 2016 -Elizabeth Jeptoo versus Johana Kataruk, County Commissioner West Pokot County and Attorney General following a fatal accident suit she filed on behalf of the estate of her son, John Kiprono Murgor, that was occasioned by a motor vehicle belonging to the Ministry of Interior and National Administration that was being driven by their employee. The complainant was awarded damages amounting to Kshs.1,756,778 on 13th September 2019 but was never paid prompting her to seek the intervention of the Commission.
The Commission by way of inquiry took up the matter with the Office of the Attorney General leading to settlement of the dues amounting to Kshs. 2,145,909 through Ms. Jeptoo’s advocate.
Potential Student Admitted to Kenya Medical Training College
A potential student was finally admitted to the Kenya Medical Training College (KMTC) following the intervention of the Commission.
Mr. Ian Manyara complained to the Commission alleging failure by KMTC to furnish him with information that he requested on the outcome of his application to pursue a Diploma in Clinical Medicine for the March 2023 intake which he had rendered in December 2022. According to him, this was his second application for the course as he had made a similar application for the March 2022 intake wherein KMTC failed to furnish him with the outcome of his application hence he was apprehensive that a similar fate would befall him for the 2023 application.
In light of the complaint, the Commission by way of inquiry took up the matter with the Chief Executive Officer, KMTC, on 21st March 2023 and consequently issued an order on 15th May 2023 directing the issuance of the outcome of his application. Through the response dated 22nd May 2023, KMTC rendered an apology for the delay and gave an undertaking of his admission to pursue the course in the March 2024 intake. Mr Manyara, in an email to the Commission on 26th March 2024, confirmed his admission to pursue the course at the Nakuru Campus.
“I am pleased to offer you a vacancy to pursue a three-year course in Diploma in Clinical Medicine and Surgery under the Regular Category in Nakuru Campus. Please report to the principal on Tuesday, 26th March 2024, before 3.00 P.M. This offer is conditional on the confirmation of your qualifications by the Kenya National Examinations Council (KNEC),” read his admission letter.
TSC Employee Transferred on Medical Grounds Salary Arrears Settled Nine Years Later
“This is to inform you that all my concerns have been handled by the Teachers Service Commission (TSC). To this end, I would like to withdraw all the complaints against the Commission as it has conclusively addressed all my complaints. The purpose of this letter is to therefore request you to treat the complaint as settled and proceed to close the file. Thank you for the support.” These were the words of a TSC employee in a letter to the Commission.
The employee complained to the Commission alleging unresponsiveness by TSC regarding her sick leave and application to be transferred to Nairobi on medical grounds. According to her, she was attacked by stray dogs on 10th August 2023 where she sustained deep wounds which turned septic and had been placed under a wound care specialist.
The doctor recommended a thirty days’ sick leave which was extended as she had not recovered. Further, a consultant surgeon who conducted debridement on her recommended that she be transferred from Eldoret to Nairobi where she could easily access specialised treatment. Both the sick leave and the recommendation for transfer were forwarded to the TSC but there was no response prompting her to seek the intervention of the Commission as she was disappointed with the unresponsiveness by TSC and was apprehensive that she would be interdicted yet she was ailing.
The Commission by way of inquiry took up the matter with the Chief Executive Officer, TSC. In their first response, TSC indicated that her sick leave had been approved but no communication was made to her to that effect and that her transfer application had also been considered. The Commission made further inquiries and the TSC requested to be allowed to handle the matter through its internal grievance redress mechanism and report back to the Commission.
The complainant, in a letter dated 4th March 2024, informed the Commission that her complaint was satisfactorily resolved as her concerns were addressed and that she was transferred to Nairobi.
A retired employee of the County Government of Trans Nzoia was finally paid his salary arrears and Medallion Award following the intervention of the Ombudsman.
Mr. Moses Wepukhulu complained to the Commission alleging a delay by the county government to settle his salary arrears and medallion award. According to him, he was a Senior Headman employed by the County Government of Trans Nzoia where he worked until his retirement on 30th November 2014. Upon retirement, he was duly paid dues entitled to him save for salary arrears and the Medallion Award which he was informed was to be settled at a later date. However, nine years later the arrears had not been settled impelling him to seek the intervention of the Commission.
The Commission, by way of inquiry, took up the matter with the County Secretary/ Head of the County Public Service Board, County Government of Trans Nzoia leading to the settlement of the outstanding dues.
TSC Makes Salary Adjustments for JSS Teacher’s Pay Arrears
“My salary has been adjusted appropriately in the March payroll. Thank you for the effort in realising this,” these were the words of Mr. Lawi Olwa in a letter to the Commission.
Mr. Lawi Olwa complained to the Commission alleging unfair labour practices following the delay by the Teachers Service Commission (TSC) to adjust his salary upon appointment to the Junior Secondary School (JSS). According to him, the entry grade for teachers of JSC with degrees is C2 and the said teachers are supposed to be remunerated as per the Career Progression Guidelines/ Schemes of Service. However, despite the teachers being issued with appointment letters to their current grade, the majority had remained in their previous job groups for eight months into their appointment and deployment to teach in the Junior Secondary Schools. He, therefore, sought the intervention of the Commission to have TSC adjust his salary and pay the arrears.
The Commission, by way of inquiry, took up the matter with the Chief Executive Officer, TSC, leading to the adjustment of his salary and payment of the arrears. “We wish to state that the teacher’s adjustments on appointment have been made and the resultant arrears will be paid alongside the March 2024 salary,” read a letter from TSC to the Commission.
Mr. Lawi, in an email to the Commission, confirmed the adjustments and thanked the Commission for the intervention.
The National Social Security Fund (NSFF) finally paid dues owed to a member following the intervention of the Commission in a case of inordinate delay by the fund to pay his dues.
Mr. Joseph Mwangi complained to the Commission alleging delay by NSSF to rectify his records following the erroneous payment of Kshs. 101,360 on 7th August 2015 to a beneficiary of a deceased person who had a similar name and fund member number as his but was unknown to him. He complained with NSFF to resolve the issue and have his dues paid but two years later the matter had not been resolved impelling him to seek the intervention of the Commission.
The Commission by way of inquiry took up the matter with the Managing Trustee, NSFF. NSFF in their letter to the Commission confirmed that they had initiated an investigation with a view of resolving the matter and that they would update the Commission on the outcome of the Commission. The Commission made a further follow-up with the fund leading to the verification of the validity of Mr. Mwangi’s records and processing of his benefits.
“We apologise for the delay in rectifying the records and paying the benefits. We undertook a thorough investigation and scrutiny of the necessary authorization granted and a claim for payment to the bonafide owner Joseph Kariuki Mwangi under a new account number. We hereby attach a copy of the member’s statement confirming that a sum of Kshs. 159,923 was paid to his bank account and by a copy of this letter, the complainant is hereby notified of the resolution of the matter.” Read a letter from the Fund to the Commission.
“We wish to inform your office that the Department processed the widow’s and children’s pension amounting to 560,578 in arrears as a one-off payment to Bramwel Bonyo to account number 777XXXXXXXX52 Equity Bank. Find attached a copy of the payment letter. This case is treated as finalised and closed,” read a letter from the Director of Pensions to the Commission.
Mr. Bonyo, a resident of Kisumu County, had complained to the Commission alleging a delay by the Pensions Department to process and pay his late father’s pension benefits. According to him, his father was an employee of the Teachers Service Commission (TSC) and he passed away in 1994 when he was still a minor and his mother collected the dependant’s pension but was only paid half of the lump sum payment and the balance was never settled. Unfortunately, the mother passed away in 1999 and there was no dependant’s pension collected on his behalf. He brought the issue to the attention of TSC and the Pensions Department but had not been assisted pushing him to seek the intervention of the Commission.
The Commission, by way of inquiry, took up the matter with the Director of Pensions and the CEO, TSC. In their response, TSC indicated that they were not in a position to ascertain the claim as their responsibility was to process the claim which was done and processed and forwarded to the Director of Pensions on 14th June, 1997. However, their records indicated that a cheque of Kshs100,189 was processed in favour of the widow to the deceased on 20th March, 1998.
On his part, the Director of Pensions indicated that they were tracing the file to determine the actual status before providing a substantive response to the Commission. The Department of Pensions did not update the Commission which prompted the Commission to issue two reminders. The Department finally responded indicating that the money was processed and paid but the same was returned owing to a dormant or invalid account and indicated that Mr. Onyango had provided a new account to facilitate the processing of the returned pension.
“The payment was remitted to A/C No. XXXXXX3103 Kenya Commercial Bank. The Department has since established that the above payment was returned owing to a dormant/ invalid account. Mr. Bonyo has since provided a new Equity Bank account to facilitate the returned pensions,” read a letter dated 7th May, 2024, from the Department to the Commission.
Permanent Residency Processed After Three Years
The Department of Immigration finally approved a permanent residency application following the intervention of the Commission in a case of inordinate delay.
Mr. Larry Blackstock complained to the Commission alleging a delay by the Department of Immigration in processing his permanent residency application. According to him, he applied for permanent residency on 9th April, 2021, paid the requisite amount, and supplied the relevant documents. However, despite the numerous follow-ups, the Department of Immigration had not processed his request. The inordinate delay prompted him to complain to the Commission.
The Commission by way of inquiry took up the matter with the Director of Immigration.
In their response to the Commission, the Department acknowledged to have received the application and that the same was being processed.
“The application was received on 9th April, 2021, and has subsequently been acted upon at various administrative stages pending security clearance,” read a letter from the Department.
In a response to the Department, the Commission sought clear timelines as to when the matter would be resolved considering that the application had taken more than two years.
“We appreciate receipt of your letter contents whereof we have noted. We appreciate you notifying us of the current status of the complainant’s application being that the same is being acted upon at various administrative stages and is pending security clearance. However, it is instructive to note that whilst the application was received on 9th April, 2021, the same is yet to be concluded to date thus imputing gross inordinate delay and inaction on your part. We, therefore, request that you issue us with timeliness on the intended action to be taken to enable us to mutually pursue this complaint to its logical conclusion,” read a letter from the Commission to the Department.
The letter did not elicit any response prompting the Commission to issue two reminders leading to the processing of the permanent residency application. Mr. Blackstock in a phone call to the Commission confirmed the processing of his application which resolved his complaint.
Tutor Promoted
“In June 2023, I approached your office and raised a complaint against the Principal Secretary, Ministry of Education, State Department of Technical and Vocational Training. This concerned what I believed was unfair treatment regarding my promotion. I wish to confirm that the Public Service Commission has finally acted positively on my appeal for promotion. Thank you for your positive engagement and continued public service.” These were the words of Mr. Daniel Wandera in a letter to the Commission.
Mr. Wandera complained to the Commission alleging failure by the Principal Secretary, State Department of TVET to address or update him on the outcome of his complaint lodged vide his letter dated 23rd April 2023 on unfair treatment on his promotion from TVET Principal Trainer Job Group P to Senior Principal TVET Trainer Job Group R wherein colleagues with similar or lesser qualifications had been promoted.
The Commission, by way of inquiry, took up the matter with the Principal Secretary, the State Department of TVET. The PS, in her response to the Commission, confirmed that the matter had been raised with the Public Service Commission for consideration. Subsequently, on 5th February 2024, Mr. Wandera confirmed that his promotion to Senior Principal Vocational and Technical Trainer Job Group R was rendered by PSC with effect from 15th December, 2023.
“I am pleased to convey the decision of the PSC dated 15th December 2023 that you be promoted from the grade of Principal Vocational and Technical Trainer to the grade of Senior Principal Vocational and Technical Trainer with effect from 15th December 2023. The necessary adjustments on your salary and allowances are being made and resultant arrears will be paid to you in due course,” read a letter from the State Department to Mr. Wandera.
By Edward Opany
OPINION
Implementation of Access to Information law: Progress, challenges and opportunities
Access to information is one of the fundamental rights in a democracy. It is often considered an ‘empowerment’ right due to its facilitative nature of enjoyment of other rights. It enables citizens to demand their rights from an informed position thereby making representative democracy meaningful.
The implementation of the right of access to information bridges the gap between policy and implementation, and building trust in government by curbing corruption and maladministration that thrive in secrecy. Further, access to information plays a pertinent role in conflict prevention as it is concerned with ensuring an inclusive and participatory approach to governance and service delivery. It thus engenders public participation which is a prerequisite under the Constitution. When citizens are empowered with information held by the State, they are able to engage meaningfully in the affairs of that society.
The Access to Information Act, 2016, was passed because Kenya had become a secretive society and bad things thrive in a secretive society, for instance corruption and impunity. The idea of the Government Secrets Act was a license to opaqueness and Kenyans felt that it was important to opening access to information held by government to citizens. Despite the inclusion of the right of access to information in the Constitution, the government always introduced the idea of limitation on grounds of national security which became a serious bottleneck. However, the Access to Information Act introduced national security but defines what it is as the law was necessary as a way of opening up our society to accountability.
Despite the constitutional provision on the right of access to information and the enactment of the Access to Information Act, 2016, there are certain information which the government still find hard to disclose. For example, many Kenyans still wonder why it is difficult for government to publicise tender documents and why government is hesitant to publicise documents on the Standard Gauge Railway (SGR), and the Express Way even after the President promised that they would be made public. Such contracts as contemplated by the Act is not restricted information and the government should proactively disclose, including contracts they enter into and projects they intend to implement. Therefore, information on SGR should be available on government website. But the reason why government is not providing this information is because the mode of contracting by public institutions is designed to be opaque for the benefit of some people.
The Access to Information law is presumption that all information held by public institutions should be made public unless in exceptional circumstances when it can be restricted. But a large percentage of government officials operate on the opposite of this presumption that every information is secret unless there is a compelling reason why it should be made public. County budgets are opaque due to the a deeply entrenched culture of secrecy that is a hinderance to access to information. This culture of secrecy requires an active citizenry that demand information. However, citizens are not making use of the law to request for information. The civil society, media and activists also need to make use of the law to entrench accountability.
It is unfortunate that the fight against corruption does not mention lack of access to information as a gap. Corruption cannot be fought without access to information. There is need to breakdown information to establish why service delivery is not efficient. There is need for access to information to push for accountability and development.
It is worthy to note that while it is important to have sound legal and regulatory frameworks, the success of implementation of the right of access to information is also dependent on the efforts of every stakeholder. Public bodies, the private sector, and more importantly the citizens must play their respective roles.
The access to information law can help in socio-economic development of a country because one requires information to know the decisions to make, and to fight against maladministration, corruption and impunity. However, majority of citizens request information concerning their individual interest. Thus, there is a gap of people requesting information that is in public interest.
One of the most important things that determines successful implementation of access to information law/regime is the promotional aspect of the law. In as much as access to information law has been enacted and is progressive, there must be awareness creation of the law because it is supposed to be a game changer in terms of influencing open government, enhance socio-economic development etc. There is need to create awareness on the existence of the law, especially among citizens.
OPINION
The demand side is very important in access to information. Citizens should be informed that they have the right to access information under the Constitution and that a law has been enacted creating an enabling framework. Citizens need education on how to exercise this right, and the steps they should take if they are denied information.
On the supply side, public officials not only need to be aware of the existence of the law but also understand their responsibilities under the law which is to proactively disclose information. The Act provides for an offence of failure to disclose information by a public official and imposes a penalty of Kshs. 50,000/- or three months imprisonment. Public officials must also understand the paradigm shift established by the law that information belong to citizens and not government; government is only a custodian of information on behalf of the public. This aspect of paradigm shift needs to happen for proactive disclosure to come alive.
Proactive disclosure of information is cheap because it is all about putting information out for the public to easily access. Public institutions basically need to put in place platforms for dissemination of information. This does not require sophisticated systems and can be done at low costs or even devolved to the local level. Proactive disclosure simply means open government.
Additionally, there is an urgent need to put in place structures and systems, organisational support, and development of simple guidelines that establishes the minimums. Other players such as civil society and the media have a role in promoting the access to information law with journalists filing requests to help them in packaging their stories.
On the side of the Judiciary, the courts have pronounced themselves on the right to access information as provided for in Article 35 of the Constitution even before the enactment of the Act. The courts recognise the right to information exists in the Constitution and recognise it as an enabler to the implementation of national values. They have set the ground for the right to access information and its importance in governance, inclusion and jurisprudence lays this down well. Initially courts were cautious in expanding the scope of who can access information and limited the right to Kenyan citizens and only to natural persons. But with time there has been improvement with the court interpreting citizens to include legal person. The courts are also recognising the importance of proactive disclosure and have also issued judgments whereby they stated that the facts presented did not meet the threshold of proving non-disclosure of information on grounds of National Security.
Additionally, there are minimal appeals on judgments made on access to information and the precedence set remain as there is minimal push back. However, there is need for citizens to litigate more on access to information.
Access to information is one of the rights under the Constitution of Kenya, 2010. While the Constitution provides the broad framework of this right, the specifics are to be found in the Access to Information Act, 2016. The jurisdiction to enforce and oversee the implementation of the Act was conferred on the Commission on Administrative Justice (Office of the Ombudsman). In particular, the Commission is tasked with the responsibility of investigating and determining complaints of violations of the Act; overseeing and promoting the implementation of the Act by public and private bodies; and conducting and facilitating public education on access to information, among others. An interesting, but fundamental aspect of Commission’s review jurisdiction is the binding nature of its decisions and orders which have the same effect as those of the High Court.
The Commission has made progress in a number of areas such as review of decisions of public and private bodies; facilitating the development of access to information infrastructure in the public sector; training of public officers from national and county governments, including the Information Access Officers; development of a simplified version of the Act, and handbooks on best practices and proactive disclosure; and mainstreaming of reporting on access to information by public bodies as well as the development of a model county legislation on access to information which is being used by county governments to enact their own county legislation.
The Commission also constituted a taskforce to develop draft regulations to the Act. The task force composed of critical stakeholders, including the Office of the Attorney General and Department of Justice, Ministry of Information, Communication, and Digital Economy, and the Kenya Law Reform Commission. The taskforce completed its work, the regulations were subjected to public participation and thereafter forwarded to the National Assembly’s Committee on Delegated Legislation and now await parliamentary approval. The Cabinet Secretary, ICT and Digital Economy who then forwarded them to the Attorney General for concurrence and tabling in parliament for approval. The Access to Information General Regulations, 2023 were gazette through legal notice no 57 of 2023 and have now become law and are available on the Kenya Law website. The Regulations will go a long way in operalising the ATI Act they provide for clarity and procedures on proactive disclosure of information by public entities and private entities, how to request for information, duties of Information Access Officers, procedures on records management and how to lodge an appeal an appeal to the Commission.
It is, therefore, critical that we all become access to information champions. Let us share the information in our respective communities. As a nation, we stand at a very crucial stage of our development, and our aspirations and goals can and will be met if we share knowledge on critical subjects such as the right to information. Let us be ambassadors in this cause, knowing fully well that the law caters for both citizens and government interests which converge in creating a better society for the greater good.
ACCESS TO INFORMATION
Muthangari Traffic Base Commander
Ordered to Release Information
The Commission has issued an order that the Traffic Base Commander, Muthangari Police Station, facilitates access to information and records held relating to the request for information made by Mwangi and Wahome & Co Advocates on behalf of Protas Shimenga through a letter dated 23rd November 2023.
The law firm requested information from the Traffic Base Commander, Muthangari Police Station under Sections 4,5, and 8 of the Access to Information Act, 2016, on behalf of their client, Mr. Protas Shimenga, to aid him in defending himself in a court case.
The information and documents sought included;
i. ii. iii. iv.
A certified copy of the OB extract No 54/1/6/2020; A Police Abstract for the accident of 1/6/2020 involving MV Regn No. KAK *** D and KMEL ***Y along Gitanga –Muthangari-Garsen roads junctions (OB 54/1/6/2020); A certified copy of the Motor Vehicles Inspection Report of motor vehicle Regn No. KAK ***D; and A copy of the P3 form.
The Base Commander did not respond to the request within the stipulated time in the Act which compelled the law firm to appeal for review to the Commission.
The Commission in a letter dated 7th December, 2023, requested the Base Commander to respond to the request in line with section 9 (4) of the Access to Information Act, 2016.
The Base Commander did not respond to the information request and the letter by the Commission leading to the issuance of an order by the Commission on 11th March 2024.
“The Commission has successfully considered the request for information contained in the requests letter dated 23rd November 2023 and the Commission letter Ref: CAJ/ATI/NPS/015/44/23-MW dated 7th December 2023. The Commission has received no response or disclosure of information made by the respondent. Pursuant to powers granted by section 22 (3)(a)(i) and 23 (2)(a) of the Access to Information Act, 2016, the Commission determined that the information requested by the requester is public information /records held by the respondent,” read the order of the Commission.
The Commission therefore ordered that;
i. ii.
The Traffic Base Commander, Muthangari Police Station, does facilitate access to information and records held relating to the request for information made by Mwangi and Wahome & Co Advocates on behalf of Protas Shimenga through a letter dated 23rd November, 2023. Compliance with No. 1 be within seven days from the date hereof.
County Government of Siaya CECM Ordered to Release Information
The Commission has ordered County Executive Committee Member for Water, Sanitation and Environment to release contract details and status progress of various water projects undertaken in various wards in Siaya County.
A resident of Siaya County, Mr. Mike Ochieng, made a request for information to the CECM to release information relating to twenty-one projects which are being undertaken in the wards across the county. The CECM did not respond to the request within the stipulated timeliness in the Access to Information Act, 2016, impelling Mr. Ochieng to seek the intervention of the Commission for an appeal of the request.
The Commission, in a letter to the CECM on 20th December, 2023, noted that the information sought related to contract details and status of water projects in various wards in Siaya County and that information on contract form part of the information which should be proactively disclosed and updated on a regular basis in line with section 5 of the ATI Act, 2016. The Commission therefore, requested the CECM to respond to the request and to indicate the corrective measures put in place to ensure compliance with proactive disclosure obligations. The CECM did not respond to the information request and did not respond to the Commission’s direction, hence illiciting issuance of orders by the Commission.
“Pursuant to powers granted by section 22 (3)(a)(i) and 23 (2)(a) of the Access to Information Act, 2016, the Commission determined that the information requested by the requester is public information /records held by the respondent and thus orders that the County Executive Committee Member for Water, Sanitation and Environment, County Government of Siaya, facilitates access to information and records held related to the request for information made by Mike Ochieng through a letter dated 8th December, 2023, within seven days from the date of the order,” read the order of the Commission issued on 11th March, 2024.
ACCESS TO INFORMATION
Nuclear Power and Energy Agency Commended for Information Disclosures, Public Engagement on Nuclear Power Plant in Uyombo
The Commission has commended the Nuclear Power and Energy Agency (NuPEA) for information disclosures and public engagement on the proposed nuclear power plant at Uyombo in Kifili County.
The Commission on its own motion requested information from the agency following an article that appeared in the Daily Nation Newspaper on Thursday, 8th February 2024 in where some residents of the Uyombo Community raised concerns regarding the ecological, safety, and security impact of the proposed nuclear plant to the community.
The Commission brought to the attention of the agency the provisions of section 5 of the Access to Information Act, 2016 which requires a public agency to publish all the relevant facts while formulating important policies or announcing the decisions that affect the public before initiating any project or formulating any policy, scheme, programme or law, publish or communicate to the public in general or to the persons likely to be affected thereby in particular.
The Commission therefore requested the agency to respond within seven days to the concerns raised by the community and to provide information on the measures the agency had put in place to ensure that the agency has proactively provided information to the Uyombo community together with any public participation initiatives they intended to undertake to ensure compliance with section 5 of the Access to Information Act, 2016.
In their response to the Commission, the CEO of NuPEA provided the Commission with comprehensive report on the initiatives that the agency has taken to provide information to the community in the last three years including community forums, establishment of nuclear information centers, public barazas, engagement with the media and other stakeholders, awareness creation through broadcast, print and social media and dissemination of Information, Education and Communication materials including those translated in local language among other strategies.
The agency also indicated that they had involved a broad range of stakeholders including the leadership of the County Government of Kilifi, the Member of Parliament for Kilifi North, National Government Administrative Officers in Kilifi, a thirteen-member committee selected by the residents through public forums among other stakeholders.
The Commission noted that the agency provided a comprehensive report on stakeholders’ engagement in the last three years and commended the agency for information disclosures and public engagements about the project.
“The Commission acknowledges receipt of your letter dated 9th April 2024 whose contents are duly noted together with the comprehensive report on the engagement with all the relevant stakeholders. The Commission commends you for the work done on the project relating to information disclosures and public engagements.” Read a letter from the Commission to the agency on 17th April 2024.
Four Water Companies in Kiambu County Ordered to Release Information
The Commission has ordered four water and sanitation companies; Karuri Water and Sanitation Company, Kikuyu Water and Sanitation Company, Ruiru/ Juja Water and Sewerage Company, and the Limuru Water and Sewerage Company, to facilitate access to information and records held relating to the request for information made by Joyce Kibithu, Rachael Kariuki, Moses Githinji, and James Nganga.
The four made requests for information to the water and sanitation companies requesting;
The minutes of the companies/ water service providers’ annual general meeting effective January 2013 to December 2023; and Copies of public advertisements for all employees who have been employed effective 9th March, 2013. i. ii.
The Managing Directors of the four companies did not respond to the information requests of requesters within the stipulated time in the Access to Information Act, 2016, prompting them to appeal to the Commission.
The Commission, in letters dated 9th January, 2024, to the MDs of four companies requested them to respond to the requests in line with section 9(4) of the Access to Information Act, 2016.
The letters did not elicit responses leading to the issuance of orders by the Commission on 22nd April, 2024, that the MDs should release the requested information within seven days.
ACCESS TO INFORMATION
Siaya County Secretary Releases Information Governor Sakaja Ordered to Release Information
The County Secretary, County Government of Siaya, has released information following the order of the Commission that he facilitates access to information and records relating to the recruitment of Chief Officers and various directors and that the County Secretary prepares an abridged version of Board interview reports of county public officers in the event the records sought by a requester were likely to involve unwarranted invasion of privacy of third parties.
A resident of Siaya County, Mr. Mike Ochieng, made an appeal for review to the Commission following the failure of the Siaya County Public Service Board to release interview reports for fifteen Chief Officers and various directors and officers. Mr. Ochieng also sought CVs, academic certificates, and professional certificates for the said officers.
The Commission in a letter dated 9th January, 2024, to the County Secretary, directed that he responds to the request for information.
“This is to request that you respond to the application in line with section 9 (4) of the ATI Act, 2016 bearing in mind the provisions of Article 31 (c) of the Constitution, section 6 (1) (d) of the ATI Act and Data Protection Act,” read a letter from the Commission.
Further, the Commission in a letter to the complainant, Mr. Mike Ochieng, noted that academic and professional certificates and CVs of County Public Officers sought contained personal information touching on other persons/ third parties and hence limited from disclosure as stipulated under Articles 31 of the Constitution, section 6 (1) (d) of the ATI, Act and Data Protection Act.
The County Secretary did not release the requested information and did not respond to the Commission prompting the Commission to issue an order on 11th March 2024 in line with section 23 (2) (a) of the ATI Act for the abridged of the Board Interview Reports for the various positions of the county public officers.
The Commission has ordered Nairobi City County Government Governor, H.E. Johnson Sakaja, to release information within seven days. This follows an application for review by Ms. Jerotich Seii following the failure of the Governor to respond to her information request.
Ms. Seii requested information from the Governor on 6th February, 2024, under Article 35 of the Constitution and the Access to Information Act, 2016. She sought information relating to the re-zoning and control guidelines.
The information sought pertained to;
When did the re-zoning of the City of Nairobi take place; Who did the re-zoning;
Whether the ‘new’ control guidelines were submitted to the County Assembly for review, public participation, approval, and dates and evidence thereof; Whether the Nairobi City County Government conducted any public participation and evidence of dates, venue, and public invitations thereof; When the previous control guidelines lapsed or expired;
vii.
viii.
ix.
Whether the control guidelines conflict with the Nairobi City Integrated Urban Master Plan of 2014; What are the reasons if any to vary the Nairobi Masterplan 2014-2030; How many buildings have been approved outside the previous control guidelines in the last years; and How many staff members does Nairobi County have to approve and issue permits for the construction of buildings.
The Governor did not respond to the information request within the statutory timelines as outlined in Section 9(4) of the Access to Information Act which requires the Respondent to communicate the decision on whether the request for information was approved or declined to the requester within 21 days of receipt of the request. This prompted Ms. Seii to make an application for review to the Commission on 20th March, 2024.
“This is to request the Commission to review the decision by the Governor of Nairobi who has declined my request for information. Please find attached letter dated 6th February, 2024. The request was served upon and received by the Governor’s office,” read her appeal for review.
The Commission took up the matter and on 2nd April, 2024, requested the Governor to respond to the request within seven days.
ACCESS TO INFORMATION
“The Commission notes that the statutory timeliness to process the request for information under section 9(1) has since elapsed. The Commission, therefore, requests for your institutional report under section 22 (3) of the ATI Act within seven days to allow for appropriate action,” read a letter from the Commission to the Governor.
The letter from the Commission did not elicit any response prompting the Commission to issue an order on 16th May, 2024.
“Pursuant to Powers granted by sections 22(3)(a)(i) and 23(2)(a) of the Access to Information Act, 2016, the Commission determines the information requested by the Applicant is public information/records held by the Respondent and thus hereby orders that the Governor, Nairobi City County Government, facilitates access to information and records held relating to the request for information made by Ms. Jerotich Seii through the letter dated 6th February, 2024. Compliance with these orders to be within seven days from the date hereof,” read the order of the Commission.
National Registration Bureau Ordered to Correct Personal Information
The Commission has ordered the National Registration Bureau to correct date of birth appearing on a National Identification Card of a complainant within twenty-one days.
Ms. Catherine Kaari, made an application for review to the Commission following failure by the Bureau to correct the record in her ID card. According to her, the Bureau had declined her request for correction of her records where her date of birth is incorrect. She indicated that she used her baptismal card when applying for the ID card which wrongly indicated that she was born in 1963 instead of 1966 and that the said baptismal card was rectified to read her correct year of birth as 1966.
Ms. Kaari, therefore, made an application to the National Registration Bureau on 5th September 2018 to correct the date of birth in her ID card, a request which was declined. This impelled her to complain to the Commission on 29th June, 2023.
The Commission, in a letter to the Director, National Registration Bureau, requested the agency to respond to the application for correction of personal information in line with section 13 (1) of the Access to Information Act, 2016, which provides;
“At the request of the applicant, a public entity or private body shall within reasonable time, at its own expense, correct, update or annotate any personal information held by it relating to the applicant, which is out of date, inaccurate or incomplete.”
The letter did not elicit any response prompting Commission to issue an order on 16th May, 2024.
“The Commission having carefully considered the application for correction/deletion of date of birth particulars appearing on National Identification Card Number 70***86 contained in the Applicant’s application dated 5th September, 2018, and the Commission letter Ref: CAJ/ATI/M.IMM/003/3/23-MW dated 31st July, 2023, to the Respondent; and pursuant to Powers granted by section 23(2)(c) of the Access to Information Act, 2016, the Commission determines that Applicant’s date of birth particulars appearing on National Identification Card Number 70***86 are held by the Respondent, thus hereby orders that the Director, National Registration Bureau, should verify the correctness of date of birth particulars appearing on National Identification Card Number 70***86 and implement appropriate corrective measures in the event the date of birth particulars appearing on ID Card Number 70***6 are incorrect. Further, the Director should furnish the Commission with a status report on the outcome and comply with the orders within twenty-one days,” read the orders of the Commission.
Cabinet Secretary for Health Ordered to Release Information, Make GMOs Report Public
The Commission has ordered the Cabinet Secretary (CS), Ministry of Health, to facilitate access to information relating to the final report of the task force set up to review and evaluate scientific information on the safety of Genetically Modified Organisms (GMOs) on human health.
This follows a request for information filed by the Kenya National Commission on Human Rights (KNCHR) on 3rd April, 2023, requesting the CS, Ms. Susan Nakumicha, for both the hard copies and the soft copies of the taskforce report and that the report be made public. The task force was appointed vide Gazette Notice No. 13607 on 11th October, 2013, to review matters relating to GMOs and food safety.
“The KNCHR appreciates Article 10 of the Constitution provides for National Values and Principles of Governance and expressly makes public participation a constitutional imperative before public policy decisions are made. The Commission notes that the contents of the task force report are critical in facilitating meaningful and informed public participation in the ongoing GMO discourse. In this regard, the KNCHR pursuant to Articles 35 (1),46 (1)(b), and 232 of the Constitution as well as section 8 of the Access to Information Act, 2016 requests for both hard and soft copies of the taskforce report and requests that the report be made public within fourteen days upon receipt of this letter,” read the information request from the Commission.
The request was not responded to prompting KNCHR to make a follow-up through a letter on 30th June, 2023, to the CS.
ACCESS TO INFORMATION
“The KNCHR notes that its request for the report of the Taskforce to Review matters Relating to Genetically Modified Foods and Food Safety Taskforce vide letter dated 3rd April, 2023, has not been responded to and the said report has neither been made public nor availed to KNCHR. In this regard, we request that you kindly but urgently supply a copy of the report and make the said report public within seven days,” read the letter. The CS did not respond to the request which impelled KNCHR to appeal for review to the Commission on 14th March, 2024.
The Commission took up the matter and on 2nd April, 2024, requested the CS to respond to the request and to publish the report.
“The Commission notes that the statutory timeliness to process the request for information under section 9(1) of the ATI Act has since elapsed. The Commission, therefore, requests for your institutional report under section 22 (3) of the ATI Act within seven days to allow for appropriate decision. In addition, Article 35 (3) of the Constitution obligates the state to publish and publicise any important information affecting the country. The Commission notes that this report has not been published on your website and requests you to respond indicating the corrective measures put in place to ensure compliance with proactive disclosure obligation,” read the letter.
The letter by the Commission did not elicit any response prompting the Commission to issue an order on 20th May, 2024, directing the release of the requested information and the publishing and publicising of the taskforce report within 21 days.
Prime Cabinet Secretary Ordered to Release Information
The Commission has ordered the Prime Cabinet Secretary and the Cabinet Secretary for Foreign and Diaspora Affairs to facilitate access to information relating to the status of the EU Treaty/ACP-EU Partnership Agreement.
This follows a request for information filed by the Secretary General of the Council of Imams and Preachers of Kenya, Sheikh Imbahim Kazee, on 27th November, 2023, requesting the PCS, Hon Musalia Mudavadi, to release information regarding the status of the EU Treaty/ ACP-EU Partnership Agreement. The specific information sought included;
iv.
How does the Government intend to tackle the deceptive provisions mentioned in (b) above?; and Whether the Government intend to conduct public participation before renewing/signing the extension of the treaty? iii.
The PCS did not respond to the information request impelling Sheikh Ibrahim to appeal for review to the Commission.
“The matter we inquired upon is a matter of great concern to millions of Kenyans and as such for a government agency not to comply amounts to gross violation of our constitutional rights. We, therefore, submit our official application under Section 22 (3) of the Access to Information Act, 2016. In addition, we request that all necessary actions be taken against the officers/institutions,” read Sheikh Kazee’s appeal to the Commission.
The Commission in a letter dated 20th December, 2023, requested the PCS to respond to the request in line with Section 9(4) of the ATI Act, 2016.
The letter did not elicit any response leading to the issuance of an order by the Commission on 3rd April, 2024.
“Section 9(4) of the Access to Information Act, 2016, requires the Respondent to communicate the decision on whether the request for information was approved or declined to the requester within 21 days of receipt of the request. The Commission has carefully considered the request for information contained in the requester's letter dated 27th November, 2023, and the Commission letter dated 20th December, 2023. The Commission has received no response to the letter or disclosure of information made by the respondent. Therefore, under Powers granted by sections 22(3)(a)(i) and 23(2)(a) of the Access to Information Act, 2016, the Commission determines that the information requested by the requester is public information/records held by the respondent and thus hereby orders that the Prime Cabinet Secretary facilitates access to information and records held relating to the request for information made by Sheikh Ibrahim Kazee…and that compliance be within seven days from the date hereof,” read the order of the Commission.
ii.
If the answer in (a) above is in the affirmative, whether the treaty include deceptive provisions that advance abortion, comprehensive sexual education, and the LGBTIQ agenda?; i.
Whether Kenya is a current signatory to the above treaty?;
TREATY
ACCESS TO INFORMATION
Kenyatta National Hospital Complies, Releases Medical Report National Transport and Safety Authority Releases Road Accident Information
Kenyatta National Hospital finally complied with an information request and released medical reports about a surgery conducted on a minor, T.O., at the facility, thanks to the intervention of the Commission under the Access to Information Act, 2016.
The father of the minor, V.O., through his advocate made an information request for T.O.'s medical report. The information sought included;
i. ii. iii.
Surgical notes for the lip repair surgery on 9th December, 2023; ICU/ admission notes; and Copy of the mother’s partograph and other midwifery notes.
The Hospital did not respond to the information request within the statutory timeliness prompting the law firm to appeal to the Commission on behalf of V.O. on 24th April, 2024.
“Our client needs this information to enforce the baby’s right to health; KNH should have provided the information under the ATI Act. We seek your directive compelling KNH to give us the requested information from file number 2****20 to safeguard the minor’s right to health. We appreciate your expedited response to our request considering the best interest of the minor,” read the appeal letter to the Commission.
The Commission took up the matter with the Chief Executive Officer, KNH, requesting him to respond to the request within seven days.
“The Commission notes that the timelines for responding to the request have lapsed without a response to the requestor. As such, this is to request you to respond pursuant to Section 22 (3)(a) of the Access to Information Act, 2016, within seven days of receipt of this letter to enable the Commission to decide on the application,” read a letter from the Commission. In their response to the Commission, the Hospital released the medical records to the Commission for onward transmission to the law firm.
“Reference is made to your letter Ref No. CAJ/KNH/012/59/24-SC dated 2nd May, 2024, on the above subject matter. Please receive and acknowledge receipt of the medical report for T.O. of inpatient number 2****20 for your reference and action,” read a letter from KNH to the Commission on 16th May, 2024.
The report was forwarded to the applicant who acknowledged receipt and appreciated the quick intervention of the Commission.
The National Transport and Safety Authority (NTSA) finally released information following the intervention of the Commission.
A Kenyan, Kevin Gachoki, requested information from the Authority on 28th February, 2024. The information sought included;
Number of accidents that have occurred per county; The nature/ causes of the accidents; and The accidents involving Public Service Vehicles. i. ii. iii.
The Authority did not respond to the information request within the statutory timeliness, prompting Mr. Gachoki to appeal for review to the Commission.
The Commission took up the matter with the Director General, NTSA, on 16th April, 2024, requesting him to respond to the request within seven days.
“The Commission notes that the legal timelines for responding to the request have lapsed. This is to request your institution to respond pursuant to Section 22 (3) of the Access to Information Act, 2016, within seven days to enable the Commission to decide on the application,” read a letter from the Commission.
The Director, NTSA, responded to the Commission and released the requested information.
“In a review of the request made, the crash data for the period 2017 to 2023 is available and can be accessed from our offices. We apologise for the delay in providing the requested information within the required timelines. To this end, the Authority has submitted an Excel sheet with the crash data to info@ombudsman.go.ke and the same copied to kel*****choki@****.com,” read a letter from NTSA to the Commission.
Mr. Gachoki, in an email to the Commission, confirmed receipt of the requested information.
ACCESS TO INFORMATION
Agricultural Finance Corporation Complies with Commission’s Orders, Releases Information
The Agricultural Finance Corporation (AFC) has complied with the orders of the Commission issued pursuant to Sections 22(3)(a)(i) and 23(2)(a) of the Access to Information Act, 2016.
Mr. Andrew Mukiri made an appeal for review to the Commission following refusal by AFC to process his information request. According to him, he held a meeting with the AFC officers on 13th February, 2024, where he requested a copy of the payment schedule by the AFC to M/S Gacathiu and Company Advocates in relation to Civil Suit No. 28 of 2013. This followed the failure of the Corporation to provide him with the requested information.
The Commission took up the matter with the Chief Executive Officer, AFC, on 26th February, 2024, requesting him to respond to the request in line with Section 9 (4) of the Access to Information Act, 2016. The letter did not elicit any response forcing the Commission to issue an order.
“Pursuant to powers granted by sections 22(3)(a)(i) and 23(2)(a) of the Access to Information Act 2016, the Commission determines that the information requested by the requester falls under Article 35 (1) (b) of the Constitution and is held by the Respondent, thus hereby orders that the Chief Executive Officer, Agricultural Finance Corporation facilitates access to information and records held relating to the request for information made by Andrew Muriithi Mukiri through an email dated 15th February, 2024, and that compliance be within seven days,” read the order.
In his letter to the Commission following the issuance of the order, the CEO, released the information and all the supporting documents relating to the requested information for onward transmission to the requester.
“Reference is made to the above letters dated 30th October and the various correspondences on the above subject matter. We wish to confirm the payment of the decretal sum in regards to Kitale CMCC No. 25 of 2023 has been fully settled to a sum of Kshs. 5,462,456. The breakdown is hereunder. Enclosed is the copy of the payment record made in favour of Gacathiu and Company Advocates,” read the letter from the Corporation to the Commission.
REVIEW
Executive Holds Consultation with Constitutional Commissions and Independent Offices
The Commission, led by the Chairperson, Hon. Florence Kajuju, on 28th to 30th April, 2024, participated in a consultative forum between the Executive and Constitutional Commissions and Independent Offices (CCIOs) on enhancing collaboration and cooperation as underscored by the principle of complementarity.
The objectives of the forum were to jointly develop a framework of coordination and engagement between the Executive and CCIOs, create a forum for consultations and socialisation, provide a forum through which CCIOs can contribute to the national development agenda, exchange views on the parameters of independence and interdependence in a public sector setting, identify and propose solutions to the challenges facing CCIOs in implementation of their mandates, and jointly develop a legal mechanism of resolving administrative issues between the Executive and CCIOs.
The forum was officially opened on April 28, 2024, by H.E. Rigathi Gachagua, EGH, Deputy President of the
H.E. Gachagua observed that CCIOs play a key role in helping the National Government fulfill its mandate and that his office was ready to mediate on any issues between them to ensure that there is harmony in service delivery to the public. He affirmed the commitment of the Executive to CCIOs as envisioned by the framers of our Constitution.
Executive No. 2 of 2023 on Organization of Government Mandate of the Office of the Deputy President, gave the Office the liaison function with CCIOs on matters that require intervention by the National Government. including budgets, policy formulation, and implementation of their recommendations.
INVESTIGATION
Patients’ Right to Health Violated, Ombudsman Investigation Reveals
An investigation by the Commission on Administrative Justice (Office of the Ombudsman) has revealed that the forceful discharge of three patients with gunshot injuries from Kitengela Sub-County Hospital breached their right to health and right to be treated with respect and dignity.
The investigation further established that the premature discharge of the three patients without any oral medication or prescription was prejudicial to their general health and well-being thus amounting to maladministration and possible professional misconduct by the government officials in the hospital. Following the investigations, the Commission has recommended that the County Government of Kajiado to take action on Dr. Julius Anyona Omboga, the discharging doctor at Kitengela Sub-County Hospital, for the unprocedural discharge of the three patients and that the Kenya Medical Practitioners and Dentists Council (KMPDC) to take action on the Kitengela Sub-County Hospital for the breach of the three patients’ right to health, right to be treated with respect and dignity and their right to complain.
The Commission commenced investigations on its own initiative following media reports which highlighted an incident where three victims of gunshot injuries were purported to have been discharged from Kitengela-Sub County Hospital forcefully and prematurely.
The reports alleged that the three sustained injuries during the anti-government protests that were held in July 2023 and were thereafter rushed to the said facility. According to the reports, while the patients were in hospital, one of them was found smoking cigarettes in the wards which resulted in all the three being discharged from the facility while still in critical condition.
Due to the veracity of the allegations, the Commission recommended investigation pursuant to section 29 (1) of the Commission on Administrative Justice Act, 2011 on its own initiative to ascertain the reports made against Kitengela Sub County Hospital.
The Commission considered the following issues for investigation;
The Commission notified the Medical Superintendent, Kitengela Sub-County Hospital on its decision to undertake the investigation vide a letter dated 26th July 2023.
The Commission's findings revealed the following:
a. Whether the Three Gun Shot Wound Victims Were Admitted and Treated at Kitengela Sub-County Hospital
A medical brief obtained from Kitengela Sub County Hospital confirmed that Stephen Irungu, Jared Omwando, Dennis Kinyanjui and Peter Kitavi were among twelve casualties who were received at the hospital on 12th July 2023 having suffered gunshot wounds during the Azimio la Umoja protests.
Among the twelve, two were brought in dead, five were treated and discharged on the same day, one was transferred to Machakos Hospital and the remaining four were admitted at Kitengela Sub County Hospital.
According to the brief and the victims’ discharge summaries, the four underwent treatment at the surgical unit for the following injuries;
Stephen Irungu was admitted and treated for right open chest injury and right humerus compound fracture.
Jared Omwando was treated for a shattered left elbow.
Peter Kitavi was treated for a gunshot wound to the right ankle joint.
Dennis Kinyanjui was treated for an abdominal wound.
iii.
To establish whether the three victims were admitted and treated at Kitengela Sub County Hospital;
To establish whether the three victims were discharged prematurely while still in critical condition;
To establish whether Kitengela Sub County hospital staff committed any form of violation by discharging the patients. i. ii.
During the interviews with three of the four victims, it was confirmed that they indeed suffered various gunshot injuries during the protests that took place on 12th July 2023 at Kitengela. They alleged to have been shot by police officers who had been deployed to quell the protests. They confirmed that they were all rushed to Kitengela sub county hospital on the day of the shooting where they received first aid treatment and thereafter admitted at the facility.
b. Whether the Patients were Discharged Prematurely while in Critical Condition
It was alleged through media reports that three of the victims were forcefully discharged from Kitengela Sub-County Hospital without receiving treatment. It was further claimed that this was precipitated by an incident where one of them was suspected to have been smoking cigarettes in the hospital wards and the other victims declined to name him when asked to do so by the hospital staff.
Investigation Findings
The investigations established that Stephen Irungu, Jared Omwando and Dennis Kinyanjui were all discharged from Kitengela Sub CountyHospital on 20th July 2023, while Peter Kitavi was discharged on 22nd July 2023.
Allegations on premature and forceful discharge were in respect to the three patients who were discharged on 20th July 2023.
According to the Kitengela Hospital brief and the surgeon’s summary report, the patients in question were all treated according to the laid down procedure and were all stable upon discharge. The patients’ discharge summaries indicated as follows; Stephen Irungu’s condition was fairly stable upon discharge, Jared Omwando was still sick-looking but stable and Dennis Kinyanjui was in fair general condition. The summaries indicate that the three were to undergo oral medication as per prescription. Copies of the said prescriptions were however not provided by the hospital.
The investigations established that Dennis Kinyanjui was admitted at Machakos Level 5 Hospital on 21st July 2023 while Stephen Irungu was admitted at Murang’a Level 5 Hospital on the same day. It is worth noting that both were admitted in the respective hospitals a day after their discharge from Kitengela Sub-County Hospital, lending credence to their claims that they were discharged while still in critical condition. Their assertions are partly supported by the fact that two of them were admitted in two different facilities only a day after being discharged from Kitengela Sub-County Hospital. Machakos Hospital where Dennis Kinyanjui was admitted described his condition upon admission to be “sick looking, unable to ambulate (walk without support), febrile (having fever) and in pain. Stephen Irungu Ngugi was admitted at Muran’ga County Government hospital and was treated conservatively.
As at the time of the investigations, Jared Omwando was visibly injured but had not been treated nor re-admitted at any other medical facility. He indicated that he was still in dire need of further treatment for his fractured arm, but he could not afford the treatment. The Commission reached out to the International Justice Mission (IJM) to help the third Victim seek further medical attention.
From the above discussion, the Commission could not independently establish whether the discharge of the three patients was premature.
However, it was established that the discharge process was unprocedural given that the patients were discharged without any medication or prescription to help manage their pain and prevent the wounds from being infected. Further, the patients were not referred to other facilities when they contested the discharge yet upon discharge two of the patients allegedly discharged in a “stable condition” were admitted less than 24 hours later into two different hospitals for the management of the same wounds that had been treated at the Kitengela Sub County Hospital.
c. Whether there was any Violation Committed in the Discharge of the Patients
From the complainant’s testimony and the video clip airing the incident, it’s evident that the discharge process was forceful after the patients loudly protested it. The forceful discharge of the three patients breached their right to health and right to be treated with respect and dignity. i.
INVESTIGATION
i.
The hospital management also failed to listen to the patients’ grievances and at least offer them a second opinion or an option for referral when they protested the discharge. Failure by the hospital to record and deal with the complaint by the three patients that they were being prematurely discharged because one of them was found smoking cigarettes amounts to maladministration by the hospital management.
It can be deduced that the unprocedural discharge of the three patients without any oral medication or prescription was prejudicial to their general health and well-being thus amounting to a maladministration and possibly, professional misconduct.
Based on the investigation's findings, the Commission concludes that;
The three complainants namely Jared Omwando, Stephen Irungu and Dennis Kinyanjui were all admitted at Kitengela Sub-County Hospital on 12th July 2023 after sustaining gunshot wounds alleged to have been occasioned by police shootings during the Azimio La Umoja protests held on the same day. The three were discharged from Kitengela Sub County Hospital on 20th July 2023.
It was established that the discharge process was unprocedural given that the patients were discharged without any medication or prescription to help manage their pain and prevent the wounds from being infected. Further, the patients were not referred to other facilities when they contested the discharge yet upon discharge two of the patients allegedly discharged in a “stable condition” were admitted less than 24 hours later into two different hospitals for the management of the same wounds that had been treated at the Kitengela Sub County Hospital
The forceful discharge of the three patients breached their right to health and right to be treated with respect and dignity. It was also established that the premature discharge of the three patients without any oral medication or prescription was prejudicial to their general health and well-being thus amounting to maladministration and possible professional misconduct by the government officials in the hospital. The failure by the hospital to record and deal with the complaint by the three patients alleging that their discharge was because one of them was found smoking cigarettes amounts to maladministration by the hospital management.
Pursuant to section 42 (2) (b) of the CAJ Act, the Commission considers that the following actions should be taken:
i.
The County Government of Kajiado to take action on Dr. Julius Anyona Omboga, the discharging doctor at Kitengela Sub-County Hospital, for the unprocedural discharge of the three patients, amounting to maladministration and possible professional misconduct. The County to report back to the Commission the action taken within Three (3) months upon release of this report.
ii.
The Kenya Medical Practitioners and Dentists Council (KMPDC) to take action on the Kitengela Sub-County Hospital for the breach of the three complainants’ right to health, right to be treated with respect and dignity and their right to complain. The council to report back to the Commission the action taken within three (3) months upon release of this report.
Pursuant to section 42 (2) (c) of the CAJ Act, the Commission makes these recommendations:
i.
The Kenya Medical Practitioners and Dentists Council (KMPDC) ensure that all medical facilities establish and implement “standard treatment guidelines” that will provide a framework for general treatment of patients including procedures for discharge.
ii.
The Independent Policing Oversight Authority (IPOA) investigate the allegations of shooting of the victims by members of the National Police Service.
INVESTIGATION
Ombudsman Investigation Reveals Irregular Double Allocation of Land, Orders Cancellation of Second Allocation
The Commission has recommended the cancellation of the second allotment of a plot in Voi by the Director, Land Administration, and that the records be rectified to eliminate the double registration.
The Commission also recommends that the Director, Surveys of Kenya cancels the deed plan No. 228*** for L. R 19**/*** – Voi town- which was prepared based on the second allotment to a Ms. N’gendo and facilitate the registration of the plot in the name of Ms. Agripina Nyambura.
The Commission undertook investigations into allegations of double allocation of the plot belonging to the estate of the late Wilfred Msengeti following a complaint by his widow, Ms. Agripina Nyambura.
Ms. Nyambura complained to the Commission alleging that the plot appears to have two files with two different owners as per records at the Ministry of Lands. According to her, her late husband, Mr. Winfred Msengeti, acquired the land from the original owner, a Mr. Henry Mbogho, in 1989 but unfortunately passed away the same year. Having obtained a confirmation of grant to be the administrator of the late Msengeti’s estate, she decided to initiate the process of obtaining a title for the plot in 2014, only to discover that the plot appeared to have two files with two different owners.
Based on the allegations, our investigation sought to establish the following issues:
Whether the plot in question indeed has double allocation;
The circumstances that led to the double allocation and find out the rightful owner; Culpability of any Ministry of Lands official.
The Commission notified the Principal Secretary, State Department for Lands and Physical Planning, on its decision to investigate the matter vide a letter dated 2nd November, 2022.
The Commission's findings revealed the following:
a. To establish whether the plot in question indeed has double allocation.
Perusal of available records in the file No. 115***, showed that the plot was first allocated to Mr. Mbogho by a letter Ref. 37173/XII/74 dated 23rd December 1985. He paid the requisite fee to the Commissioner of Lands as evidenced by an official receipt number B731 70 dated 12th February 1986 for Kshs. 3,960. Therefore, the plot was not available for alienation or allocation to any other person, without otherwise cancelling this first allocation.
On 10th February 1989, Henry Mbogho wrote to the Commissioner of Lands where he requested to transfer the unsurveyed residential plot in Voi Township to Wilfred Msengeti Mwakelemu. The application was duly endorsed with an approval from the then Deputy Commissioner of Lands, Mr. Chesiyna, vide letter ref 115***/6 dated 3rd March 1989.
Mr. F.G Mwangi, the Commissioner of Lands, wrote to Henry Mbogho conveying approval of the proposed transfer and notified Mr. Mbogho of the amount to be paid being Kes 100 (one hundred shillings only). Upon payment of consent fee, Mr. Mbogho completed the transfer form thereby transferring the land that had been allocated to him to one, Wilfred Msengeti Mwakelemu. This was purely an administrative arrangement applicable then for transfer of land that had been allocated before issuance of respective titles. The form of transfer was dated 7th March 1989.
Subsequently, vide a letter REF. 115***/19 dated 8th March 1989, Mr F.G Mwangi, acting for the Commissioner of Lands, wrote to Mr. Wilfred Msengeti Mwakelemu informing him that the unsurveyed residential plot had been approved and that the land had been formally transferred to him.
On 17th March 1989, Wilfred Mwakelemu wrote to the Commissioner of Lands requesting for processing of lease documents since he intended to charge the plot to Development Finance Company of Kenya. Sadly, he passed away later that year in a tragic road accident. Vide a letter dated 12th May 1997, Ms. Agripina Nyambura, wife to the late Wilfred Mwakelemu, wrote to the Commissioner of Lands informing the Commissioner that Mr. Mwakelemu had passed away in November 1989 and that she had been authorised by the High Court to administer his estate vide a certificate of grant of Administration issued on 22nd March, 1990.
Ms. Nyambura’s family tried to survey and register the parcel in 2014 by visiting Ardhi House to process deed plan upon which they established that the parcel had already been surveyed and registered under L R. No. as LR 19**/*** and allocated to another person.
vii.
INVESTIGATION
The second file no. 216***, had another allotment letter under the name of Josephine N’gendo dated June 1999 signed by the Commissioner of Lands. According to a letter by one Mr. D.N Mwachofu to the Commissioner of Lands dated 15th June 1999 and signed by Josephine N’gendo and four other persons, applied for allocation of Plot Nos. 19**/703, 412, 797, 799, 704, 714 (UNS No.18 – Voi) and 742 in Voi Township.
Mr. P.K Kahuho (who was then an Assistant Commissioner of Lands) in his statement indicated that the then Deputy Commissioner of Lands, a Mr. Kigen, marked the letter from Mr. Mwachofu to the then Senior Plan and Records Office (SPRO) inquiring about the status of the plots applied for. The then SPRO officer, Mr. Fredrick Mwangi, in his response to the inquiry indicated that the plot in question (LR 19**/***) had no record of allocation implying that it was available for allocation thus setting the stage for a double allocation.
Perusal of the second file No. 216*** indicated that Josephine N’gendo sold and transferred the parcel to Vincent Mwandima Masawi as evidenced by a form of transfer dated 1st December 1999 indicating that Vincent paid Ms. N’gendo one hundred and ten thousand (Kes. 110,000).
In conclusion, investigations established that the plot in question was a subject of double allotment. In the first instance, it was allotted to Mr. H.G Mbogho as an unsurveyed plot vide a letter Ref: 37***/XII/74 dated 23rd December, 1985. He later sold and transferred the plot to the late Mr. Wilfred M. Mwakelemu procedurally. Secondly, upon survey it was also allotted to Ms. Josephine N’gendo as LR 19**/714 and she then transferred it to Mr. Vincent Mwandima Masawi, the current registered owner.
b. To establish the rightful owner of plot in Voi Town between the first and the second allotee.
i.
ii.
According to records obtained from the Ministry of Lands, the plot in dispute was allocated to two different persons at different times.
The current registered owner, Mr. Vincent Masawi, indicated that he bought the land in 1999 from Mr. Peter Kahuho, a senior lands officer who had signed the allotment letter to J. N’gendo on behalf of Commissioner of Lands. He also said that he does not know the person named J. N’gendo and that he never met her and had no idea whether the person is alive or not.
Mr. Masawi stated that he did not conduct due diligence when he bought the plot since he assumed the seller, Mr. Kahuho, then senior lands officer knew the status of the land. He made all the required payments under the second letter of allotment.
It is interesting to note that once an offer of allotment offer had been issued to Ms. N’gendo on 23rd June 1999, she accepted the offer on 25th June 1999 and paid all the requisite fee only for her to make a transfer request a day later 26th June 1999, on grounds of “pressing financial demands related to school fees”.
A deed plan number 228*** for L.R No. 19**/7** was prepared on 23rd December 1999 bearing the name of Vincent Mwandima Masawi. The deed plan was based on the allotment letter issued in 1999 despite there being another earlier and existing allotment letter for the same parcel of land.
Mr. Masawi paid rates and rent from 1999 when he bought the plot. Several letters from the then senior lands officer, Mr. Kahuho, asking Vincent to clear both rates and rent for the said parcel to enable processing of the title were obtained. However, the estate of the late Wilfred Msengeti also continued paying land rates for the same piece of land with the latest documented payment being in the year 2012 which was about 13 years after the current registered owner had been issued with a deed plan.
Mr. Masawi indicated that it was not until 2015 that he got to know through a friend that another family was claiming ownership of the same plot. He indicated that once he learnt that the late Wilfred Msengeti had acquired the plot prior to him, he decided to halt his development plans and sought the senior lands officer to compensate him the money he used both for buying and payment of rent and rates. His efforts to be compensated have, however, been largely unsuccessful as Mr. Kahuho retired from service.
The Director, Land Administration, indicated that based on the available records, the first allotment dated 23rd November 1985 prevails based on date of issuance. He further stated that the second allocation to Josephine N’gendo and the subsequent transfer to Vincent Masawi is irregular since the land was not available for allocation or alienation to another person. The Ministry of Lands stands with the first allotment to Mr. Mbogho who later transferred to Wilfred Msengeti Mwakelemu hence the complainant is the genuine and legitimate owner of the land in question, the Lands office stated.
INVESTIGATION
c. To establish any culpability by Ministry of Lands officials
On a form of transfer dated 7th March 1989, one Mr. Francis G. Mwangi acting for Commissioner of Lands, consented to the request by Mr. Henry Mbogo to transfer the unsurveyed plot number in Voi town to the late Wilfred Mwakelemu. He further wrote to the late Mr. Mwakelemu informing him of the approval of the transfer.
On 15th June 1999 when Mr. D.N Mwachofu (acting for four others including Ms. Josephine N’gendo) made an application for allocation of seven plots, including plot no. 19**/*** (formerly unsurveyed plot in question), the same officer Mr. Francis G. Mwangi (now in the capacity of a Senior Plan Records Officer (SPRO)) was requested by the then Deputy Commissioner of Lands (Mr. Kigen) to give the status of the plots. Interestingly, Mr. Mwangi informed the Deputy Lands Commissioner that the plot in question (LR 19**/***/UNS Plot No- ** - Voi) among others had no record of allocation. This erroneous status report by Mr. Mwangi was the genesis of the double allocation of the plot.
In his statement, Mr. P.K. Kahuho, who worked closely with Mr. Mwangi, indicated that the erroneous status report by Mr. F.G Mwangi could have been occasioned by poor records keeping at the plan’s office where by upon the survey of plot No.**- Voi Town, there might have been a failure to superimpose the new LR number on the existing file No.115***. This, he explained, could have led to Mr. F.G Mwangi not realising that the surveyed LR 19**/*** had previously before survey been allocated as an unsurveyed plot No. ** –Voi, and thus leading him to issue an erroneous status update.
The investigation however found Mr. F.G Mwangi to have exhibited deliberate negligence in the performance of his duty since he had full knowledge of the history of the plot having played a pivotal role in its transfer from the original allottee Mr. Henry Mbogo to the late Mr. Mwakelemu. It was preposterous for him to be the same person to declare the same plot unallocated. It was also established that Mr. F.G Mwangi was retired and is deceased.
Conflict of interest by Mr. P.K. Kahuho was also revealed in the manner in which he handled the registration and transfer of this piece of land. He fast-tracked the processing of deed plan by continuously following up with Mr. Mwandima to clear the rates and actively engaging the Director of Survey to process a deed plan.
The current registered owner in his statement also indicated that the transfer transactions were purely handled by Mr. Kahuho and that at no time did he ever meet Josephine N’gendo the documented owner.
In his statement, Mr. Kahuho admits to have undertaken all the transactions on behalf of the second allotee Ms. J. N’gendo. He indicated that Mr. Mwachofu (The one who had made an application for allocation of the seven pieces of plot on behalf of others including J. N’gendo) had approached him and informed him that Mr. Mwandima was interested in acquiring a piece of land.
Mr. Kahuho alleges to have engaged Ms. N’gendo through Mr. Mwachofu and that she allowed him to sale on her behalf plot Number LR 19**/*** to Mr. Mwandima. Mr. Kahuho admits to having received payment for the plot from Mr. Mwandima on behalf of Ms. N’gendo. In his statement to the Commission investigators, he acknowledged that Mr. Mwandima was a victim of circumstances and made a commitment to facilitating and ensuring that Mr. Mwandima is compensated for his loss given the central role he played in the sale of the plot to Mr. Mwandima.
From the above discussion, it can be concluded that the late Mr. F.K Mwangi acted negligently in the performance of his duty leading to the double allocation of LR No. 19**/***/ UNS plot No. ** – Voi. Further, conflict of interest was established in the manner in which Mr. P.K Kahuho was involved in the transfer, registration, and sale of the said piece of land to Mr. Vincent Mwandima.
The Ministry of Lands in a letter dated 11th July, 2023 to J. N’gendo (current registered owner) communicated cancellation or revocation of allocation of UNS. Plot No. ** – Voi Town vide a letter of allotment ref 37***/XVIII/91 dated 23rd June 1999. It notified her that the plot had been allocated to one H.G Mbogho prior to allocation to her hence was not available for allocation.
The Director, Land Administration, further requested the Director of Surveys in a letter dated 12th July 2023 to cancel the current deed plan No.228*** and facilitate preparation of another one in favor of H.G Mbogho. The Ministry of Lands advised the complainant to present her survey works to Survey of Kenya for preparation of deed plans for the said plot to enable registration and preparation of certificate of grant under her name. vi. vii.
INVESTIGATION
Mr. P.K Kahuho on his part committed to ensuring that the current deed holder, Mr. Vincent Mwandima, whom he acknowledged to be a victim of circumstances, is compensated for his loss following his purchase of an irregularly allocated land. This commitment stems from the fact that Mr. Kahuho fully handled the transactions for the sale of land and even received payment for it allegedly on behalf of Ms. Josephine N’gendo
Based on the investigation's findings, the Commission concludes that;
Investigations established that the plot in question was a subject of double allotment. In the first instance, it was allotted to Mr. H.G Mbogho as an unsurveyed plot No. **-Voi vide a letter Ref: 371**/XII/74 dated 23rd December 1985, who later sold and transferred the plot to the late Mr. Wilfred M. Mwakelemu procedurally. Secondly, upon survey, it was also allocated to Ms. Josephine N’gendo as LR 19**/*** who transferred it to Mr. Vincent Mwandima Masawi, the current registered owner.
It was determined that the complainant, Mrs. Agripina, is the legitimate and genuine owner of the land since the first allotee, Mr. Mbogho transferred the plot to her late husband Mr. Wilfred Mwakelemu legally and procedurally. It was further established that that the allocation of the same parcel to Ms. Josephine N’gendo and the subsequent transfer to Mr. Vincent Mwandima Masawi was irregular to the extent that the land was not available for alienation/ allocation.
Investigations found that the late Mr. F.K Mwangi acted negligently in the performance of his duty leading to the double allocation of LR No. 19**/***/ UNS plot No. ** – Voi. Further, conflict of interest was established in the manner in which Mr. P. K Kahuho was involved in the transfer, registration, and sale of the said piece of land to Mr. Vincent Mwandima.
In the course of this investigations, the Director Land Administration not only acknowledged the irregularity of the second allotment but also cancelled it and further initiated the cancellation of the active deed plan. It was further established that Mr. Mwandima is willing to surrender the plot back to the complainant and that Mr. P.K Kahuho is committed to ensuring Mr. Mwandima is compensated for his loss.
Pursuant to section 42 (2) (b) of the CAJ Act, the Commission considers that the following actions should be taken:
The Director, Land Administration, to amend the record accordingly to reflect the cancellation of allocation of unsurveyed plot No. ** -Voi town in favor of N’gendo in order to permanently solve the issue of double registration. The Director to officially communicate the rectification to the Commission within (2) weeks from the date of the investigation report.
Director, Survey of Kenya, to cancel the deed plan No. 228*** for L. R 19**/*** – Voi town which was prepared based on the second allotment to J. N’gendo and facilitate the registration of the plot in the name of the complainant, Ms. Agripina Nyambura. The Director to report back to the Commission on steps taken within three (3) months from the date of the report.
That retired lands’ secretary, Mr. Peter Kagenthe Kahuho, given that he was the “face” of the transaction that led to Mr. Vincent Mwandima Masawi purchasing an irregularly allocated plot, facilitates and ensures the compensation of Mr. Masawi for his loss. Mr. Kahuho to report back to the Commission on the steps taken within three (3) months from the date of the report.
Pursuant to section 42 (2) (c) of the CAJ Act, the Commission makes these recommendations:
The Director, Land Administration, to cause audit of all the allocations that were done between 1980 to 2010 situated in Voi municipality with a view to weeding out those who got allocated plots that were not available for allocation or alienation.
The National Lands Commission to ensure due diligence in allocating any parcel deemed to be vacant to avoid cases of double allocation that may lead to legitimate land owners losing their land.
FLLOCA COUNTY ENGAGEMENTS
Uasin Gishu County
Commission to Support Uasin Gishu County in Domestication of Access to Information Law, Grievance Redress Infrastructure and Capacity Building
The Commission will support the County Government of Uasin Gishu in ensuring that they put in place a working Grievance Redress Infrastructure and Domestication of the Access to Information Law.
This was discussed when a team from the Commission led by the Vice Chairperson, Mr. Washington Sati, held a meeting with county officers led by the County Secretary, Mr. Edwin Bett. The team from the Commission was in the county for a series of activities under the Financing Locally-Led Climate Action (FLLoCA) Programme being undertaken with the support of the World Bank through the National Treasury.
Speaking during the meeting, Mr. Sati briefed the team on the role that the Commission is playing under the FLLoCA in line with its mandate of promoting Administrative Justice and Access to Information.
The Director, Access to Information, Ms. Viola Ochola, told the county team that the Commission was in the county for a consultative engagement with senior county officers on the domestication of the Access to Information law and Model Complaints Handling Policy which the Commission has developed with the support of FLLoCA Programme.
Additionally, the Commission undertook spot checks in three sub counties including Ainabkoi, Turbo, and Kapseret to assess service delivery standards and to identify gaps and areas of support to the county. The Commission also discussed two ongoing complaints which have been lodged against the county at the Eldoret Regional Office in a bid to have the complaints resolved.
On his part, the County Secretary, Mr. Bett, committed to work with the Commission as the county will require the Commission's support in ensuring that it has a working complaint handling infrastructure and capacity building of county officers on complaints management and public service delivery.
Mr. Bett also committed that the county will arrange a meeting with relevant county departments to ensure that the complaints lodged against them with the Commission are resolved.
The meeting resolved that the Commission will support the county in putting in place the County Complaints Management Policy and Capacity Building of County Officer on public service delivery and Grievance Redress Mechanism.
Present during the meeting were eight County Executive Committee Members and senior officers from various departments.
The team later had an engagement with the Clerk of the County Assembly, Mr. Shadrack Choge. Mr. Sati briefed the Clerk on the FLLoCA Programme. The Commission and the Country Assembly agreed to partner and collaborate in the domestication of the Access to Information law, sensitisation of Members of the County Assembly on the mandate of the Commission and working together in complaints management through referrals.
Mr. Choge committed to engage with the relevant county Assembly committee to fast track the passage of the Uasin Gishu County Access to Information Bill and that they will benchmark with the counties which have passed the law. He also committed that his office will work closely with the Commission's Regional Office to train the Members of the County Assembly and staff.
FLLOCA COUNTY ENGAGEMENTS
Commission to Leverage National Government Forums for Public Awareness
The Commission will leverage the interactive forums organised by the National Government Administrative Officers (NGAOs) to undertake public awareness and education in Uasin Gishu County.
This was discussed when a team from the Commission led by the Vice Chairperson, Mr. Washington Sati, paid a courtesy call on Uasin Gishu County Commissioner, Dr. Eddyson Haro Nyale.
The Commission will also undertake capacity building programmes for NGAO officers on its mandates on administrative justice and access to information.
Ombudsman Mashinani: The Commission Conducts Public Education in Eldoret Town
The Commission on Wednesday, May 29, 2024, undertook outreach in Eldoret Town under the Ombudsman Mashinani programme aimed at taking its services to the grassroots.
The activity was part of the county engagements under the Financing Locally-Led Climate Action Programme. The outreach activity was aimed at creating public awareness and education on the Commission's mandates of promoting administrative justice and the oversight and enforcement of the access to information law and presented an opportunity for the public to lodge complaints and receive legal aid.
Commission and University of Eldoret Explore Partnership
The Commission and the University of Eldoret have discussed areas of possible partnerships including research, curriculum development and capacity building. This was discussed when a team from the Commission led by the Vice Chairperson, Mr. Washington Sati paid, a courtesy call on the Vice Chancellor, University of Eldoret, Prof. Thomas Cheruiyot.
Mr. Sati commended the University for outstanding performance on the Resolution of Public Complaints Indicator under the Performance Contacting framework and committed that the Commission will continue offering technical support to the institution and capacity building on complaints management and access to information.
On his part, Prof. Cheruiyot thanked the Commission for the partnership and reiterated that the institution is committed to improving complaints management and added that they were ready to work with the Commission in advancing administrative justice and access to information.
The team also had a discussion with the University Council members; Ms. Margaret Gitonga, Hon. David Koech, and Dr. Peter Kereri who reiterated that the University is open to partnership with the Commission. In line with the Presidential directive of growing 15 billion trees in ten years in a bid to reach 30% tree cover in Kenya, the team participated in a tree growing exercise at the University alongside Prof. Cheruiyot, and Deputy Vice-Chancellor, Administration and Finance, Prof. Wilson Ng’etich.
FLLOCA COUNTY ENGAGEMENTS
Nandi County
Partnership to Promote Good Governance
The Commission and the County Government of Nandi have agreed on possible areas of partnerships in the promotion of good governance and access to information. This was arrived at when a team from the Commission led by the Vice Chairperson, Mr. Washington Sati, held a meeting with a team led by Deputy Governor, Dr. Yulita Chebotip Cheruiyot.
Mr. Sati briefed the team on the series of activities under Financing Locally-Led Climate Action Programme being undertaken with the support of the World Bank through the National Treasury. Under the programme, the Commission is supporting counties in institutionalising Complaint Handling Infrastructure and domestication of the Access to Information Act, 2016, in line with its mandate of promoting administrative justice and access to information.
The Commission also held a consultative engagement with senior county officers on the domestication of the access to nformation law and Model Complaints Handling Policy which the Commission has developed with the support of the FLLoCA Programme.
Additionally, the Commission undertook spot checks in various sub counties in the county to assess service delivery standards and to identify gaps and areas of support to the county.
On her part, Dr Cheruiyot thanked the Commission for the visit and committed that the county will continue working with the Commission and urged the Commission to offer technical support to the County on areas under its mandate.
The County Secretary, Dr Francis Sang, noted that the county has had a very good working relationship with the Commission which has ensured that complaints lodged against the county and information requests are processed and reiterated that the county will continue partnering on public service delivery.
He reiterated that the county will need support in strengthening the Complaints Management Infrastructure and that the county will domesticate the Access to Information Act.
Dr. Sang also requested the Commission to share feedback from the Mosoriot public awareness and education forum to enable the county to work on the gaps which may have been identified.
Present during the meeting were County Executive Committee Member for Finance and Planning, Hon. Hillary Serem, and Mr. Jonathan Misoi, Chief Officer, Administration, Public Service and ICT.
Ombudsman Mashinani:
The Commission Conducts Public Education in Mosoriot, Nandi County
The Commission on Thursday, May 30, 2024, undertook outreach in Mosoriot Market, Nandi County, under the Ombudsman Mashinani programme aimed at taking its services to the grassroots.
The activity was part of the county engagements under the Financing Locally-Led Climate Action Programme . The outreach activity was aimed at creating public awareness and education on the Commission's mandates of promoting administrative justice and oversight and enforcement of the access to information law and presented an opportunity for the public to lodge complaints and receive legal aid.
Commission, Nandi County Assembly to Partner on Access to Information and Capacity Building
The Commission will offer technical support to Nandi County Assembly on domestication of the County Access to Information law and capacity building of Members of the County Assembly and staff on administrative justice and access to information.
A team from the Commission led by the Director, Access to Information, Ms. Viola Ochola, engaged the leadership of the Assembly led by the Deputy Speaker, Hon. Wilson Sang.
On his part, the Clerk of the assembly, Mr. Barnabas Kosgey, committed that they will work together with the Commission in building the capacity of the Assembly as an oversight body and will partner with the Commission in undertaking public awareness and education at the grassroots.
Present during the meeting was Hon. John Keter, a Member of the County Assembly.
FLLOCA COUNTY ENGAGEMENTS
Visit to Ol'lessos Technical Training Institute
A team from the Commission led by the Director, Access to Information, Ms. Viola Ochola, on Friday, May 31, 2024, paid a courtesy call on the Principal, Ol'lessos Technical Training Institute, Mr. Wesley Yegon.
The institution, located in Nandi County, has stood out as one of the best performing Tertiary Institution under the Resolution of Public Complaints Indicator under the Performance Contracting framework and was the only TVET institution which was awarded during the Fourth Huduma Ombudsman Award Ceremony held on 23rd November, 2024.
Mr. Yegon thanked the Commission for the continued support and assistance and requested the Commission to continue partnering with the institution on sensitisation of staff on complaints management and service delivery.
Present at the meeting were the Deputy Principal, Academics, Mr. Ben Yego, and the Chairperson of the Institution's Complaint Committee, Mr. Daniel Kamau.
The team also utilised the opportunity to grow trees in line with the Presidential Directive and had an engagement with various Heads of Department where they sensitised them on the mandate of the
Commission to Support Meru County Government in Complaints Resolution and Domestication of Access to Information Law Meru County
The Commission will offer technical support to County Government of Meru in setting up Grievance Redress Mechanism infrastructure and domestication of the access to information law. This was discussed during a meeting between a team from the Commission led by Chairperson, Hon. Florence Kajuju, and county officers led by Bishop Dr. Kiambi Atheru, the County Secretary.
The team also engaged with Acting County Assembly Clerk, Ms. Jacinta Karimi, to brief her on the Financing Locally-Led Climate Action (FLLoCA), a programme supported by the World Bank through the National Treasury.
Additionally, the delegation conducted a legal aid clinic at Nkubu Town Market to educate the public on the Commission's mandates.
The team later on Wednesday May 29, 2024, held a meeting with Meru County Commissioner, Mr. Jacob Ouma, regarding activities under FLLoCA programme. Mr. Ouma expressed his office's commitment to supporting the Commission in addressing residents' complaints and jointly holding sensitisation forums for both the public and government officers to enhance service delivery.
FLLoCA COUNTY ENGAGEMENTS
Commission, Murang'a County Government to Partner on Grievance Redress and Access to Information
The Commission will offer technical support to County Government of Murang’a in setting up Grievance Redress Mechanism infrastructure and domestication of the access to information law. This was discussed during a meeting between a team from the Commission led by Chairperson, Hon. Florence Kajuju, and county team led by Deputy Governor, H.E. Stephen Munania. Hon. Kajuju commended the County for its significant progress in digitising service delivery and automating county operations.
Additionally, the team met with County Assembly Speaker, Hon. Johnson Mukuha, to brief him on the Access to Information Model Law and the Commission's role in the Financing Locally-Led Climate Action (FLLoCA) programme.
The team later met the County Commissioner, Mr. Joshua Nkanatha. The meeting agreed that the Commission will leverage forums organised by the National Government Administrative Officers (NGAOs) to enhance public awareness and education in Murang'a County.
The team also conducted outreach in Murang'a Town. The outreach was aimed at educating the public on the mandates of the Commission in promoting administrative justice and enforcing the access to information law, and also provided an opportunity to lodge complaints and receive legal aid.
As part of efforts to support county governments to implement climate resilient projects, the Commission on Tuesday, June 11, 2024, visited Kajiado County government. Under the World Bank-funded Financing Locally-Led Climate Action (FLLoCA) programme, a team from the Commission paid courtesy calls on County Secretary and Head of Public Service, Mr. Francis ole Sakuda, County Assembly Speaker, Mr. Justus Ngossor, Deputy Assembly Clerk, Mr. Kipambi Ntele, and their various teams. The Commission team was led by Access to Information Commissioner, Mrs. Lucy Ndung'u.
The engagements centred on collaboration in public complaints resolution and mainstreaming of Access to Information law. Kajiado County climate change unit representatives and selected Ward Representatives were also sensitised on Grievance Redress Mechanism and ATI in implementation of FLLOCA programme.
In addition to meeting the County Executive and Assembly, Commissioner Lucy also paid a courtesy call on Kajiado County Commissioner, Mr. Taari Rwaria, in his office. The meeting explored ways in which the Commission would sensitise National Government Administration Officers in the county to improve understanding of the Ombudsman mandate by members of the public.
The Commission on Wednesday, June 12. 2024 today sensitised members of the public in Kajiado County, Kajiado Town market. The sensitisation, part of the implementation of the World Bank-funded Financing Locally-Led Climate Action programme, aimed at creating awareness of the Office of the Ombudsman and its mandates of promoting administrative justice and oversight of Access to Information Act, 2016. The Commission team was led by Access to
Commission Holds Consultations with Kajiado County Leadership
Commission Conducts Public Education Outreach in Kajiado
Commission to Provide Technical Support to Machakos County Assembly
The Commission will provide technical support to the Machakos County Assembly to domesticate the Access to Information Act, 2016, and other policies that facilitate effective discharge of its oversight and representation mandate. This was disclosed during a meeting between Access to Information Commissioner, Mrs. Lucy Ndung'u, and the Acting Clerk of the Assembly, Mr. Dennis Muthui, in his office on June 12, 2024.
The Commission has in the past partnered with the Assembly in training members of the complaints and access to information committee.
Members of the public in Machakos County were on Friday, June 14, 2024, sensitised on the mandate of the Commission during an outreach activity at the Machakos Town market.
The sensitisation was carried out as part of the World Bank-funded Financing Locally-Led Climate Action programme. The Commission supports the programme through strengthening the capacity of counties to resolve public complaints that might arise as they implement climate-reslient projects.
The meeting agreed on the need to sensitise National Government Administration Officers on the Commission's twin mandates of enforcing administrative justice and oversight of access to information. This would be undertaken in the coming months in addition to public barazas to sensitise residents.
The Commission team was led by Access to Information Commissioner, Mrs. Lucy Ndung'u, and Machakos Sub-County Deputy County Commissioner, Mr. David K. Rotich, who represented the County Commissioner, Josephine Ouko, who was out of station.
Earlier on Thursday, June 14, 2024 a Commission team led by Assistant Director, Public Education, Advocacy and Corporate Communications, Mr. Sammy Cheboi, held a meeting with Machakos County Government County Secretary, Dr. Muya Ndambuki. The meeting agreed to undertake sensitisation of Climate Change Unit Committee members to build their capacity to carry out their mandate as outlined by the Financing Locally-Led Climate Action Programme, Kenya.
Dr. Ndambuki expressed readiness to pursue domestication of the Access to Information Act, 2016, to facilitate better sharing of information with residents and improve transparency and accountability in service delivery.
Commission Conducts Public Education Outreach in Machakos
2,210 Public Officers Trained
In the Commission’s pursuit to enhance effective public service delivery, complaints management, and processing of information requests the Commission trained 2,210 public officers drawn from Ministries, Counties, Departments and Agencies (MCDAs).
CAJ/EACC Collaboration under FLLoCA Program
The Commission, in collaboration with the State Department for Devolution and the Ethics and Anti-Corruption Commission (EACC), facilitated a capacity-building workshop on citizen engagement under the FLLoCA Program. The workshop took place at the Sirikwa Hotel in Uasin Gishu County from April 24th to 25th, 2024.
Public Awareness and education
As part of its strategy of taking its services to the grassroots and addressing inadequate awareness of its mandate, the Commission undertook various public education and outreach activities in different parts of the country.
Duty Bearers’ Forum on Women Land Rights
The Commission through the Edloret Regional Office and in partnership with the Nandi Women Network CBO, Lush Pot Charity participated in a duty bearers forum on legal awareness for women’s land rights on Thursday, April 18, 2024 in Kilibwani Ward, Nandi County on 18th April, 2024.
St. Mary’s Ongata Rongai Catholic Church CJPD open day
The Commission participated in an open day organised by the Catholic Justice and Peace Department (CJPD) of the Rongai Parish to raise awareness among the public about peace and justice issues. The Commission utilised the opportunity to sensitised the members on its mandates and disseminated various information, Education and Communication materials
Through the various public education and awareness forums, the Commission was able to reach over 13,000 members of the public.
CAJ officers during a preparatory workshop for a research on the Milestones and Challenges in Implementing the Access to Information Law,
The research is being conducted in partnership with
2016 at Pride Inn Azure, Nairobi.
Uraia
The Commission Chairperson, Hon. Florence Kajuju together with the Vice Chairperson, Mr. Washington Sati and the CEO, Ms. Mercy Wambua pose for a photo with the Deputy President H.E Rigathi Gachagua during a Consultative Forum forum between The Executive and the Constitutional Commissions and Independent Offices (CC&IOs) in Naivasha.
The Commission Secretary/CEO, Ms. Mercy K. Wambua, with a delegation Zambia's Enabling Access to Justice, Civil Society Participation, and Transparency (EnACT) Programme during a visit to the Commission. The delegation was led by Mrs. Katendi K. Nkombo, Acting Director of the Human Rights Commission (Zambia).
Head Office
West End Towers, 2nd Floor, Waiyaki way P.O. Box 20414- 00200, Nairobi
Tel: 0202270000 / 0800221349 (Toll Free)
Email: info@ombudsman.go.ke (for general inquiries) complain@ombudsman.go.ke (for complaints)
