The First Quarterly Report

For the
Year 2009/2010
Covering the Period
1st July 2009
To
30th September 2009

TABLE OF CONTENTS
FOREWORD FROM THE CHAIRMAN ......................................................................... 5
MESSAGE FROM THE EXECUTIVE DIRECTOR ....................................................... 7
CHAPTER ONE.................................................................................................................... 8
1

INTRODUCTION............................................................................................. 8
1.1

Mandate of the PCSC .......................................................................................... 8

1.2

Jurisdiction of the PCSC ..................................................................................... 9

CHAPTER TWO ................................................................................................................. 11

2.0

COMPLAINTS AND ENQUIRIES.............................................................. 11

2.1

How to lodge a Complaint ............................................................................... 11

2.2

The Complaints-handling Process .................................................................. 12

2.3

Complaints Trends in the Quarter .................................................................. 15

2.4

Complaints Received and Measures Taken ................................................... 15

2.4.5

Complaints where PCSC Initiated Further Inquiries ................................... 19

2.5

Preventive Mandate of PCSC........................................................................... 20

2.6

Non-Responsive Government Institutions .................................................... 25

CHAPTER THREE ............................................................................................................. 28

3.0

STATISTICAL ANALYSIS ........................................................................... 28

3.1

Complaints Received ........................................................................................ 28

3.2

Classification of Complaints Received in the Quarter by Mandate ........... 30

3.3

Analysis According to Action Taken by PCSC ............................................. 31

3.4

Analysis Based on Categories of Complaints ................................................ 32

3.5

Analysis Based on Ministries and Public Sector Institutions ...................... 36

3.6

Analysis of Complaints Based on Provinces. ................................................ 40

3.7

Analysis by Mode of Lodging Complaint ..................................................... 42

3.8

Analysis by Gender ........................................................................................... 43

3.9

Monthly Analysis of Complaints in the Quarter ......................................... 45

3.10

Comparative Analysis by Quarters ................................................................ 46

CHAPTER FOUR ............................................................................................................... 48

4.0

ADVOCACY, OUTREACH & MEDIA ACTIVITIES.............................. 48

4.1

Advocacy and Outreach ................................................................................... 48

4.2

Establishing an Effective Online Presence ..................................................... 48

4.3

Maximising on Media Opportunities to Increase Awareness .................... 49

4.4

Information Literature ...................................................................................... 50

5.0

RECOMMENDATIONS................................................................................ 51

5.1

Recommendations made in the current Quarter .......................................... 57

5.2

Recommendations made in Previous Quarters ............................................ 57

ANNEXURE ........................................................................................................................ 65

EXECUTIVE SUMMARY
This Report consists of five Chapters.
Chapter One is an introductory Chapter which outlines PCSCs legal mandate and
jurisdiction.
Chapter Two covers Complaints and Inquiries in the Quarter under review. It
outlines the process of handling complaints and reviews complaints in the
following categories:
i.

Complaints in which Complainants were advised to seek redress from other

appropriate agencies;

ii.

Complaints determined to be without merit;

iii.

Complaints settled by the public institution to the satisfaction of the

Complainant;

iv.

Complaints that revealed no instance of maladministration after PCSC

inquiries;

v.

Complaints in which PCSC has initiated further inquiries.

It also contains details on activities undertaken in fulfillment of the PCSC oversight

mandate.
Chapter Three provides a statistical analysis of Complaints and Inquiries within the
Quarter as well as a comparative analysis with the previous Quarter. The analysis
of the Complaints received is based on the following categories; typology of
Complaint, public institutions or officers involved, gender, provincial distribution
and mode of lodging Complaints.
Chapter Four gives an outline of advocacy, outreach and media activities within the
Quarter.
Chapter Five outlines, in detail, administrative and legislative recommendations
which the PCSC has made in the Quarter arising from the complaints handled.
The Annexure catalogues the Complaints handled by PCSC and their status.

FOREWORD FROM THE CHAIRMAN

This 1st Quarterly Report for 2009/10 covers the period July 1, 2009 to September 30,
2009. It is submitted in accordance with the Gazette Notice No. 5826 of June 29th
2007 which requires the Public Complaints Standing Committee (PCSC) to submit
to H.E. the President Quarterly Reports of this kind.
The PCSC continues to receive a large number of Complaints and enquiries on a
regular basis from the public in accordance with its mandate of recording,
processing and redressing public Complaints against the Government Institutions
and its officials. To date the PCSC has received 2,061 Complaints out of which 317
were received in the reporting Quarter. PCSC was able to assist the complainants
by initiating enquiries with the public institutions complained against, channelling
them where necessary to other bodies for advice or resolution.
During the Quarter, the PCSC maintained its operational liaison arrangements with
public institutions through informally exchanging information, views and
consultations with the purpose of dealing with public Complaints in a more
effective way. To this end, the Committee would like to thank the public
institutions involved for their constructive and helpful manner evinced in the
resolution of the Complaints in question.
This cooperative and positive
atmosphere, in which the PCSC has been working during the Quarter,
demonstrates a genuine commitment among the parties involved towards a more
responsive public sector.
Further, in the execution of its mandate, the Committee conducted a survey on the
existing complaints-handling mechanisms within public institutions with a view to
helping public sector institutions set up internal complaints handling capacities.
Chapter two of the present report deals with the findings of the survey, which we
urge, should be implemented in order to hasten resolution of the complaints made
to these public institutions.
As pointed out in the last Quarter, the 2009/10 Performance Contracting Guidelines
require all Ministries, Departments and Agencies (MDAs) to establish mechanisms

of working together with the PCSC for effective resolution of Complaints. PCSC
continued with this initiative in the reporting Quarter mainly for the purpose of
fine-tuning the necessary framework that will be used to assess MDAs.
The PCSC endeavours to publicize its services through advocacy and media
throughout the country and this time round additional Information, Education and
Communication (IEC) materials have been developed for distribution.
Another important development in the Quarter concerned the Ombudsman Bill.
PCSC jointly with the Kenya Law Reform Commission held a workshop to consider
Stakeholders input in the Ombudsman Bill. This Bill will ensure that the public can
have full confidence in the PCSCs ability to redress public Complaints with
sufficient powers to execute the Ombudsmans mandate.
Finally, I would like to express my appreciation to the Ministry of Justice, National
Cohesion and Constitutional Affairs for continued logistical support and to PCSC
Secretariat for commendable efforts in the production of this report.

Amb. James Simani

CHAIRMAN

MESSAGE FROM THE EXECUTIVE DIRECTOR

CHAPTER ONE
1

INTRODUCTION

The Public Complaints Standing Committee {PCSC} was established by H.E the
President through Kenya Gazette Notice No. 5826 of 29th June 2007.
1.1

Mandate of the PCSC

Kenya Gazette Notice No. 5826 of 29th June 2007 confers the PCSC with the following
functions:
1. To receive, register, sort, classify and document all complaints against public officers
in Ministries, Parastatals/State Corporations, Statutory Bodies or any other Public
Institution;
2. To inquire into allegations of misuse of office, corruption, unethical conduct, breach
of integrity, maladministration, delay, injustice, discourtesy, inattention,
incompetence, misbehavior, inefficiency or ineptitude etc;
3. To help set up and build complaint-handling capacity in the sectors of the public
service registering high incidences of Complaints (including but not limited to the
following areas; health, local authorities, police, lands, financial services etc);
4. To oversee, co-ordinate, monitor and follow up specific action on channeled
complaints;
5. To review regulations, codes of conduct, processes and procedures in the public
service and recommend changes necessary to avoid or reduce complaints;
6. To promote alternative dispute resolution through mediation;
7. To perform any other duties or tasks with regard to complaints, with a view to giving
meaningful effect to the same;

8. To ascertain whether on the face of it, there is merit in a complaint, and thereafter to
act on the complaint appropriately, which may include channeling it to the
responsible department of government for action;
9. To recommend, where the committee deems fit so to do, compensation or other
remedial action against Government or a public body or officer over any or some of
the complaints the committee attends to;
10. To prepare advisory opinions or proposals on appropriate remedial action to be taken
by the permanent secretaries or chief executives of affected ministries or public
bodies;
11. To recommend appropriate legislative reforms; and
12. To publish quarterly reports for public information on the number and nature of
complaints received and the action taken by the committee.

1.2

Jurisdiction of the PCSC

The PCSC has jurisdiction over public officers and public institutions. This
jurisdiction covers Ministries, Parastatals/State Corporations, Statutory Bodies and
any other public institutions.
The PCSC is mandated to receive and address complaints from any Kenyan citizen
or any person (including legal persons) lawfully present in Kenya concerning
maladministration in the conduct of public affairs. The exception to PCSCs
mandate is the Courts acting in their judicial capacity and Parliament in exercise of
its legislative functions. A complaint is therefore outside the PCSCs mandate if;
(a)

It does not concern a public institution or a public officer; or if

(b)

It concerns the Courts in exercise of their Judicial role or Parliament in

exercise of its Legislative functions; and if

(c)

It does not concern possible maladministration by a public officer or

institution.

It is important to note that the PCSC receives and deals with complaints from or
concerning the conduct of private individuals or the private sector. However, the
PCSC entertains such complaints from the point of view and to the extent that the
conduct complained of is in one way or another regulated or overseen by a public
institution or public officer.

1.3

Admissibility of Complaints

A complaint that is within the mandate of the PCSC must satisfy the further criteria
of admissibility before the PCSC can initiate inquiries;
i.

The Complainant and the public institution complained against must be

clearly identified;

ii.

The Complainant must have suffered some injustice resulting from the
public institutions/ officer act or omission ;

iii.

The complaint needs to have first been lodged with the institution concerned,
or otherwise brought to their attention, with either no reaction or with an
unsatisfactory reaction;

iv.

The relevant administrative intervention channels need to have been

exhausted;

v.

The complaint must not question the merits of a Courts ruling or judgment;
and

vi.

The complaint must not question the legislative process in Parliament.

10

CHAPTER TWO
2.0

COMPLAINTS AND ENQUIRIES

The primary business of the PCSC is to receive, process, resolve and prevent future
occurrence of complaints brought against public officers and public institutions Ministries, Parastatals/State Corporations, Statutory Bodies, or any other public
institution. The PCSC also conducts inquiries on its own initiative in appropriate
cases.
PCSC is an independent avenue for complainants to lodge a complaint if they are
unable to reach a satisfactory resolution within the public institution concerned.
This provides the complainant with an opportunity to have their issue reviewed
independently while also PCSCs intervention may enable the public institution
identify opportunities for better administrative practice.
2.1

How to lodge a Complaint

Members of the public can lodge complaints through personal visits to PCSCs
offices, email, telephone calls and postal mail. Figure 6 shows the percentage of
complaints received through the various contact modes available to the public.
Complaints made through personal visits amount to the largest proportion of
complaints received in the Quarter. PCSC continues to provide the opportunity for
complainants to visit our offices and approach PCSC staff during regional publicity
events.
All Complaints must be lodged through a Complaints Form - PCSC Form 1. A
Complainant is required to provide the following information;
(a) Complainants name and contact information.
(b) The Public institution or officer complained against.
(c) A Summary of the complaint.
(d) A Statement on exhaustion of other available remedies.
(e) The action expected from the PCSC.
(f) Copies of relevant documentation to support the complaint.

11

2.2

The Complaints-handling Process

All Complaints are registered and acknowledged. The Complaints are then assessed
in order to determine if they fall within the PCSCs mandate. Straightforward
Complaints are handled at the intake stage, usually by informally contacting the
Government Department complained against. This may involve telephone inquiries
seeking preliminary information on the Complaint or referring the Complainant to
the Department for further assistance.
Assessment Stage
Each Complaint is checked to ensure that;

The institution or person complained of falls within PCSCs jurisdiction ;

The matter complained of is within PCSCs jurisdiction;

The Complaint has been lodged with the public institution concerned;

Sufficient information has been provided regarding the Complaint; and

The Complaint is not before the courts or another adjudicative body.
Where one or more of the above is not satisfied, PCSC writes to the complainant
explaining why PCSC cannot initiate inquiries. Where appropriate, the letter will
detail a course of action which may be appropriate to the complainant, such as
reference to a more appropriate Government Department, a request for further
details or reference to the internal complaints procedure of the public institution or
officer concerned.
Where a Complaint satisfies the above requirements PCSC initiates inquiries with
the relevant Government Department.

12

The Process
Complaint Received by PCSC
(Personal visits, telephone, postal mail, email, referrals)

Assessment Stage
Complaint is examined
against PCSCs mandate.

Response reveals no
Maladministration by
Public Institution
A detailed explanation
is issued to the
Complainant
explaining the PCSCs
decision not to initiate
further inquiries. The
complaint is closed.

Inquiry Stage
Allocated to a Case Officer
Enquiries initiated with
the public institution
concerned or complaints
channeled to the
appropriate Government
Agency.
Institutions response
considered in detail
Response reveals wrong
doing
by
public
institution.

Not Within PCSC mandate

Letter done to the Complainant
explaining why the PCSC
cannot initiate inquires and
where possible, suggesting an
alternative course of action.

Further Inquiries Stage

Complaint reviewed with
Complainant

Public institution given
opportunity to comment on
the
Complainants
response.

PCSC reaches its findings and seeks a

meeting with the public institution or officer
involved to resolve the complaint.

Quarterly reporting on all complaints received and action taken.

13

Inquiry Stage
The purpose of the inquiry is to ascertain whether there is an instance of
maladministration by the public body concerned. The first step is to make detailed
inquiries to the public body. These inquiries usually take the form of a written
request for information to the Permanent Secretary or Chief Executive Officer of the
public institution concerned. Once these inquiries have been completed, a decision
is taken on to the appropriate course of action for each complaint. The possible
outcomes are;

Where there is no evidence of maladministration by the public institution

or officer concerned PCSC writes to the Complainant explaining that there
was no instance of maladministration and stating the reasons why the
complaint does not warrant further investigation;

Where there is evidence of maladministration PCSC initiates further

inquiries.

If, at the inquiry stage the maladministration and the injustice caused to the
Complainant can be readily identified, the PCSC writes to the public institution or
officer outlining the maladministration identified and suggesting an appropriate
remedy. If the proposed remedy is accepted, the complaint is quickly resolved.
However, if the proposed remedy is not accepted, the PCSC initiates further
inquiries.
Further Inquiries Stage
At this point, the complaint is reviewed with the Complainant. The public
institution or officer concerned is given an opportunity to comment on the facts as
presented, PCSCs findings and the redress recommended. Upon receipt of any
comments from the public institution or officer concerned, PCSC advises both the
Complainant and the public institution or officer concerned.

14

2.3

Complaints Trends in the Quarter

PCSC received 317 new Complaints. Therefore, the total caseload for the Quarter
was 1,455 Complaints. 1,138 of these Complaints were on-going inquiries carried
over from the previous Quarter.
Of the 317 Complaints received in the Quarter, 313 were within the PCSCs
mandate while 4 were outside PCSCs mandate. Action was taken in 66 Complaints
out of which 20 Complaints were satisfactorily resolved while 251 Complaints were
carried forward to the next Quarter.

2.4

Complaints Received and Measures Taken

The following Complaints illustrate Complaints received by PCSC, their processing

and the measures taken to redress the Complaints.
2.4.1

Complaints Where Advice were provided

At the assessment stage, once a Complaint is determined to be outside the PCSC

mandate either because it does not relate to a public officer or a public institution,
PCSC advises the Complainant of another agency that is best suited to handle the
Complaint.
Breach of integrity by an Auctioneer
The complainant alleged that Nyuki Auctioneers wrongfully and without notice
entered her house and carried away household goods and cash worth Kshs. 280,
000/- in the pretext that the complainant had rent arrears of Kshs. 3,000/-. The
complainant wanted Nyuki Auctioneers reprimanded and ordered to pay her Kshs.
280, 000/-. PCSC considered that Nyuki Auctioneers is not a public institution hence
the Complaint was not within the PCSC mandate. The Complainant therefore
advised to lodge the Complaint with the Auctioneers Licensing Board in the High
Court.
Delay in Payment of a Life Assurance Policy
A Complaint was lodged in August 20009 against Trinity Assurance Company
alleging delay in payment of a life assurance policy. The complainant stated that he
had visited the offices of the Company on several occasions since 2006 and despite

15

assurances that the payment would be made, he had not received payment to date.
The complainant was advised to lodge the Complaint with the Insurance
Regulatory Authority since Trinity Assurance Company is not a public institution.
In other instances, upon assessment of a Complaint, PCSC may find that the
complainant has not lodged the Complaint with the public institution concerned.
PCSC therefore advices the complainant to exhaust the internal redress mechanisms
within the public institution and if still dissatisfied then contact the PCSC. The
rationale is to give the public institution an opportunity to correct the incidence of
maladministration complained of since PCSC is a committee of last resort.
Delay in the Lands Office Kajiado
The complainant alleged delay by an officer in the Ministry of Lands Office in
Kajiado. The complainant stated that the officer had failed to act on documents to
facilitate processing of the complainants loan from the Agricultural Finance
Corporation. Upon assessment of the Complaint, PCSC found that the Complaint
had not been lodged at the Ministry of Lands. PCSC therefore advised the
complainant to lodge the Complaint at the Ministry of Lands and is dissatisfied
then contact PCSC.

2.4.2

Complaints Determined to be Without Merit

Kenya Gazette Notice 5826 of June 29th 2007, gives PCSC discretion to ascertain
whether in the face of it a Complaint has merit or not and thereafter take
appropriate action on the Complaint. Some Complaints while within the PCSC
mandate were found not to have satisfactory grounds to warrant PCSC inquiries
and were therefore closed and the Complainants advised accordingly.
Wrongful Dismissal
A complaint was lodged alleging dismissal from the Ministry of Water and
Irrigation. The complainant stated that her dismissal was wrongful since the Court
had acquitted her of criminal charges preferred against her by Ministry of Water
and Irrigation. The complainant wanted to be reinstated by the Ministry. PCSC
determined that the Complaint had no merit since an acquittal by a court of law
does not automatically result in reinstatement. The employer has discretion to

16

reinstate or dismiss the employee. Further, the complainant had unsuccessfully

appealed to the Public Service Commission against the dismissal. PCSC therefore
advised the complainant accordingly and closed the Complaint.
Breach of integrity by an Advocate
The complainant alleged that her deceased friend had entrusted an advocate with
her money and property. However, the advocate had failed to remit the property
and money to her. The complainant further alleged that she had lodged the
Complaint with the Advocates Complaints Commission but the Commission had
declined and/or failed to take action on the Complaint. Upon assessment of the
Complaint, PCSC observed that the Commission had written to the Advocate
asking for a response to the Complaint. The complainant had failed to provide
documents to prove that there was an Advocate-Client relationship between her
deceased friend and the advocate. PCSC therefore found the Complaint without
merit and advised the complainant accordingly.
2.4.3

Complaints settled by the Public Institution

In most instances, the PCSC strives to achieve a positive outcome that is satisfactory
to both the Complainant and the public institution or public officer complained
against. Below are examples of complaints which were settled by the public
institution concerned to the satisfaction of the Complainant.
Delay in Payment of Death Gratuity and Salary Arrears
The complainant alleged that delay by the Ministry of Medical Services in
payment of death gratuity for his deceased son. The complainant stated that
previously the Ministry of Medical Services and National Hospital Insurance Fund
(NHIF) had intimated to him that his claim could not be processed because the
deceaseds relevant documents were at their archives in Industrial Area and that it
would be cumbersome for the Ministry and NHIF officers to retrieve the
documents. PCSC initiated inquiries with the Ministry of Medical Services and
NHIF regarding delay in payment of the death gratuity. The Ministry of Medical
Services responded to PCSC inquiries advising that the deceaseds death gratuity
claim had been forwarded to Treasury for processing and that the salary arrears
had been dispatched to the Public Trustee. The complainant confirmed that the
documents had been forwarded to Treasury.

17

Inattention
A complaint was lodged in February 2009 against the Ministry of Roads alleging
that the Ministry had failed to carry out repairs for damages on the complainants
house and water tank occasioned by construction of the Thogoto Gikambura Mutarakwa road. The complainant stated that the Ministry of Roads Resident
Engineer had verified the damage in September 2008 but no further action had been
taken in relation to the Complaint. PCSC initiated inquiries with the Ministry of
Roads. Subsequently the Ministry of Roads responded to PCSC inquiries advising
that the complainant should liaise with Site Engineer for repairs. The PCSC advised
the complainant accordingly and considered the Complaint resolved satisfactorily.
Delay in Issuance of a PIN Certificate
The Complainant alleged delay by the Kenya Revenue Authority (KRA) in issuing
a PIN Certificate for his company. The complainant alleged that initially he was
informed that the delay was occasioned by a switch to online taxpayers-registration
system but KRA had taken inordinately long. PCSC initiated inquiries with the
KRA into the allegations of delay. KRA wrote to the PCSC advising that the
complainant had been issued with a PIN Certificate. The complainant confirmed
that he had received the PIN Certificate. PCSC considered the complaint
satisfactorily resolved.
Delay in Issuing Results
A complaint was lodged in May 2008 alleging delay by the Kenya National
Examination Council (KNEC) in issuing the complainant with Practical Teaching
Examination (PTE) results. The complainant alleged that she completed the PTE in
1999 but ten years later, the results had not been released to her. PCSC initiated
inquiries into the delay. KNEC responded to PCSC inquiries indicating that the
results were dispatched to the complainants duty station in April 2008. Further,
KNEC undertook to dispatch the results to the complainants duty station once
again. The complainant confirmed that she had received the results. PCSC
considered the Complaint resolved.
Inattention
The Complainant alleged inattention by the Police Department in replacing his
destroyed General Service Unit Discharge Certificate. The complainant stated that

18

on numerous occasions he had written to the Police Department requesting for a

replacement of the Discharge Certificate but no action had been taken. PCSC wrote
to the Police inquiring into the allegations of inattention. The Police Department
responded to PCSC inquiries advising that the complainant should obtain a police
abstract then follow-up with the Police Department. PCSC considered the
Complaint satisfactorily resolved.
2.4.4

Complaints that Revealed no Maladministration

Upon inquiry, PCSC may find that the action taken or decision made by the public
institution does not reveal any instance of maladministration. PCSC therefore
writes to the Complainant explaining that there was no instance of
maladministration and stating the reasons why the Complaint does not warrant
further inquiries.
Injustice
The complainant alleged that in 2008 the City Council of Nairobi wrongfully and
without notice realloted his plot of land to another allottee. The complainant alleged
that he had paid the rates consistently from 1987 until 2005. However, in 2008 when
he visited the City Council offices he was informed that the plot had been allotted to
someone else. PCSC initiated inquiries into the alleged irregularities. The City
Council of Nairobi responded advising that in December 2007, the complainant was
issued with a notice to repossess the plot due to heavy arrears but he failed to clear
the arrears. The plot was subsequently repossessed and reallotted. In addition the
City Council made an intimation that the only possible remedy for the complainant
was to explore if the Council could reconsider him on humanitarian grounds for an
alternative plot subject to availability. PCSC found that there was no instance of
maladministration in the Complaint and advised the complainant accordingly.
2.4.5 Complaints where PCSC Initiated Further Inquiries
Some responses to PCSCs inquiries were either not satisfactory or partially
addressed the issues that the PCSC had raised. PCSC invited the Complainant to
make comments on these responses and initiated further inquiries with the public
institution concerned.

19

Inattention
A Complaint was lodged in August 2008 against the Ministry of Provincial
Administration and Internal Security alleging inattention. The complainant
alleged that a pub and restaurant situated in his residential neighborhood plays
loud music in the night beyond hours thus occasioning noise pollution. Further, the
complainant alleged that the noise pollution has been going on since 1997 and
despite numerous complaints to the Ministry of State for Provincial Administration
the matter has not been resolved to date. PCSC initiated inquiries with the Ministry
of Provincial Administration into the allegations of inattention. The Ministry
responded to PCSC inquiries by providing resolutions of a meeting held between
the complainant and the owner of the pub and restaurant in June 2006. However,
PCSC considered the response not satisfactory since despite the resolutions of June
2006 the alleged nuisance had continued unabated to date. PCSC has initiated
further inquiries with the Ministry with a view to ensuring that the matter is
satisfactorily resolved.

2.5

Preventive Mandate of PCSC

PCSC has a dual role to provide an independent and impartial review and
resolution of individual complaints while also assisting public institutions improve
on their administrative practices and quality of services.
2.5.1

Administrative Review

Gazette Notice 5826 of June 29, 2007 mandates the PCSC;

To prepare advisory opinions or proposals on appropriate remedial action to be taken
by the Permanent Secretaries or Chief Executive Officers of affected Ministries or
public bodies;
During review of Complaints received, PCSC often identifies instances where
administrative practices and procedures of a public institution result in complaints.
PCSC makes recommendations or provides information to the public institution

20

concerned for the improvement of its practices and procedures. PCSC has identified
the following as the causes of systemic problems which lead to Complaints:
i. Inadequate or unclear legislation or policies;
ii. Failure to give reasons for decisions made;
iii. Inadequate record keeping;
iv. Inadequate communication within the public institutions and between
the institutions and the public; and
v. Delegations to levels lacking the required competence.

The following are some of the public institutions whose complaints against the
PCSC identified instances of faulty administrative and procedural practices within
the Quarter under review.
i. Ministry of Labour and Human Resource Development
As a follow up to the systemic trends identified from the Ministry of Labour
and Human Resource Development Complaints, PCSC held a consultative
meeting with the Ministry of Labour and Human Resources Development
officers. PCSC recommended review or revision of the Ministrys procedures
and policies to ensure that Complaints relating to labour officers failing to remit
Complainants dues after conciliation meetings do not recur.
ii. Advocates Complaints Commission
PCSC has also identified systemic trends in Complaints relating to the
Advocates Complaints Commission. PCSC considered that most of the
Complaints related to the procedure of handling the Complaint once it is lodged
with the Commission. Most complainants raised the issue of poor
communication between the Commission and themselves and also the
procedure once a complainant is invited to appear before the Commission for a
review of their case. This pointed to delegation to levels lacking the required
competence as complainants alleged that they appeared before subordinate
officers lacking the competence to preside over their Complaints. PCSC intends
to bring these issues to the attention of the Commission and offer proposals on
appropriate remedial actions.

21

iii. National Census and Housing Surveys

In the Quarter, PCSC also received numerous Complaints relating to
recruitment in the August 2009 Population Census against the National Census
and Housing Surveys. PCSC wrote to the National Census regarding the
alleged irregularities in the recruitment process. Most allegations related to
issues of corruption, nepotism, discrimination and lack of openness in the
recruitment exercise of Senior Supervisors, Supervisors and Enumerators. It is
hoped that the issues raised will enable the National Census and other
Government Departments improve their administrative practices and
procedures in the future.
iv. Systemic Trends in Complaints regarding the Judiciary
Over the Quarters, PCSC has also identified systemic trends in Complaints
against the Judiciary regarding handling of dismissals. Dismissed judicial
officers allege that there are a lot of inconsistencies in the handling of
disciplinary cases. In particular, the complainants allege discrimination in the
handling of disciplinary cases of officers who are charged in court and
subsequently acquitted. While the Judiciary reinstates some of the officers it
summarily dismisses others without advancing any reasons for the decisions
taken. In the absence of an explanation to the contrary, there appears to be
inconsistencies in the disciplinary procedures. PCSC recommends that the
Judiciary should review its disciplinary procedures to ensure that these
instances of inconsistencies do not recur.
PCSC will continue to review mechanisms for early identification of Complaints
which may indicate serious or systemic maladministration and to provide timely
advice on appropriate remedial action to the relevant public institution.
Public Institutions advising Complaints to seek redress in court
The principal function of the PCSC is to provide an independent evaluation of
Complaints against public institutions by inquiring into the allegations and seeking
a resolution of the Complaints in a way which is acceptable to both the
Complainant and the public institution concerned in a non - adversarial way,

22

without the need for costly litigation. It therefore defeats the purpose and objective
for which the PCSC is established for a public institution to decline to redress a
Complaint and instead advice PCSC that the complainant should go to court.

2.5.2

Building Complaint-handling Capacity in Public Sector Agencies

Kenya Gazette Notice 5826 of June 29, 2007 mandates PCSC;

To help set up and build complaint-handling capacity in the sectors of public service
registering high incidences of complaints (including but not limited to the following
areas, health, local authorities, police, lands, financial services etc);
In the Quarter, PCSC conducted a survey on the complaint-handling processes in
the Public Sector with a view to providing PCSC with baseline information on
complaint-handling in the public sector and how the processes could be improved.
The survey findings revealed that:
i. Despite provision of redress mechanism in Service Charters, no Ministry has
a designated office/desk to handle public complaints;
ii. In most ministries, the Permanent Secretarys office is in charge of public
complaints relating to service delivery;
iii. There is no formal method of tracking complaints nor is there a log of
complaints received.

PCSC will study the findings of the survey with a view to make recommendations
to public institutions to improve their complaint-handling practices. Key among
these recommendations will be;
i. Establishment of designated complaint-handling desks and officers in all
public institutions; and
ii. Institutionalization of complaint-handling practices in the public sector.

23

2.5.3

Performance Contracting 2009/10 Guidelines

As pointed out in the last Quarterly Report, timely and effective resolution of public
complaints is now a measurable indicator affecting the ranking of Ministries and
Public Institutions in the Performance Contracting cycle.
This provides the PCSC with a proactive approach to improving administrative
practices in public institutions through assisting and ensuring that public
institutions develop effective internal complaints-handling systems.
To this end PCSC has been working with the Office of the Prime Minister, Public
Sector Reforms and Performance Contracting to develop an instrument for public
institutions that contains the key indicators of an effective complaint-handling
process and which will be used as the basis for certification of Ministries, Agencies
and Departments.

2.5.4

Liaison with other Oversight Agencies

PCSC has operational liaison arrangements with the Kenya Anti-Corruption

Commission and the Kenya National Commission on Human Rights which include
referral of complaints by one agency to either agency where a decision is made that
a complaint falls within the mandate of the other agency. PCSC maintained regular
contact with the two agencies to avoid duplication of investigations. However, an
arrangement for formal bi-annually meetings have been in place and will be held
later in the year. In the Quarter PCSC referred 2 complaints to these agencies and
also received 5 referrals from these agencies.
The PCSC also regards the effective working relation it has with the Advocates
Complaints Commission and International Federation of Women Lawyers, (Fida),
Kenya Chapter.
2.5.5

Liaison with Public Sector Agencies

PCSC maintains regular contacts with public institutions for effective and efficient
resolution of individual complaints. In the Quarter, PCSC held a number of
consultative meetings and exchanges with the Ministry of Information and
Communications, the Ministry of Cooperatives and Marketing Development, the

24

State Law Office, the Kenya Police and the Office of the Prime Minister Public
Sector Reforms and Performance Contracting Department.

2.6

Non-Responsive Government Institutions

The listing below comprises public institutions that have not responded to the
PCSCs initial inquiries and gives the corresponding number of inquiries Not
Responded- To.
Table 2.6: Analysis of Non-Responsive Public Institutions
Public Institution
Kenya Police
Ministry of Labour
Nairobi City Council
Provincial
Administration
Ministry of Lands
Ministry of Local
Government
The Judiciary
State Law Office
Ministry of Education
Ministry of State for
Defence
Teachers Service
Commission
Ministry of Transport
Ministry of Finance
Advocates
Complaints
Commission
Ministry of

Number of PCSC Inquiries NOT Responded to

3 to 6 7 to 9 10 to 12 Over
Months
Months
Months
ONE Year Total
Percentage
25
26
46
9
106
20
21
22
17
3
63
12
4
7
45
3
59
11
15
14

11
8

28
11

4
6

58
39

11
8

8
7
5
6

6
3
2
3

8
5
8
4

1
1
1
0

23
16
16
13

4
3
3
3

12

2
2
5

3
4
1

4
3
3

2
0
0

11
9
9

2
2
2

3
5

0
3

6
0

0
0

9
8

2
2

25

Public Institution
Agriculture
Ministry of State for
Immigration and
Registration of persons
Public Service
Commission
Pensions Department
Ministry of Roads
Ministry of Medical
Services
Telkom Kenya Ltd
Ministry of Higher
Education
Ministry of
Cooperative
Development and
Marketing
Ministry of Public
works
Ministry of Gender,
Children and Social
Development
Ministry of Forestry
and Wildlife
Ministry of Energy
Kenya Revenue
Authority
Ministry of Housing
Ministry of state for
National Heritage and
Culture
Ministry of
Environment and
Mineral Resources
Office of the Vice
President
Ministry of Livestock
Development
Ministry of Tourism

Number of PCSC Inquiries NOT Responded to

3 to 6 7 to 9 10 to 12 Over
Months
Months
Months
ONE Year Total
Percentage

0
3
2

3
2
1

2
0
1

1
1
1

6
6
5

1
1
1

1
3

1
1

2
1

1
0

5
5

1
1

0
2

2
0

0
1

1
0

3
3

1
1

1
2

1
0

1
0

0
0

3
2

1
0

0
0

1
0

0
1

0
0

1
1

0
0

26

Public Institution
Ministry of Water and
Irrigation
TOTAL

Number of PCSC Inquiries NOT Responded to

3 to 6 7 to 9 10 to 12 Over
Months
Months
Months
ONE Year Total
Percentage
1
151

0
116

0
210

0
41

1
518

0
100%

27

CHAPTER THREE
3.0

STATISTICAL ANALYSIS

3.1

Complaints Received

In this Quarter, PCSC received of 317 new complaints as shown in the table below.
TABLE 3.1: Complaints received in the Quarter
Quarter Complaints
Month

Number

Percentage

July

105

33%

August

90

28%

September

122

39%

Sub-total

317

100%

Synopsis of the PCSC Complaints since inception

Total number of complaints
received by PCSC from July
2007 to 30th September
2009
Number of matters resolved
from July 2007 to 30th
September 2009
Number of ongoing
inquiries from July 2007 to
30th September 2009
Complaints channeled or
referred to departments of
government or oversight
agencies for action.

2,061

498

24%

1,455

70%

108

5%

28

TABLE 3.2: Statistical Summary of PCSC Complaints

Resolved

Ongoing

Referred

Channeled

No.

No.

No.

No.

Q3

73

21

269

76

0.5

2.5

Q4

42

14

232

80

16

Q1
(2009/10)

20

290

92

Sub-total

135

791

32

2008

345

33

640

61

23

2%

43

2007

18

37

24

49

10

TOTAL

498

24%

1,455

70%

31

2%

77

4%

Year

2009

Quarter

29

3.2
Classification of Complaints Received in the Quarter by
Mandate

Within mandate: 313 (99 %)

Outside mandate: 4 (1%)

FIGURE 1: Distribution of Complaints According to the PCSC

mandate.

Proportion of complaints within and outside PCSC Mandate

Outside mandate
1%

Within mandate
99%

30

3.3

Analysis According to Action Taken by PCSC

TABLE 3.3: Analysis on Processing of Complaints Received During

the Quarter
Category

Total

1.

Complaints where inquiries were

initiated

39

12

2.

Complaints channeled to
responsible departments of
government for action e.g. The
Police Complaints Department

3.

Complaints resolved1

20

4.

Complaints carried over to the

quarter.

251

79

TOTAL

317

100%

No.

1 Complaints resolved is a generic term comprising; complaints

withdrawn by Complainants, complaints settled by the public
institution, complaints found to be without merit and complaints where
Complainants were properly advised.

31

FIGURE 2: Categorization of Complaints Processed by the PCSC

Complaints carried over

to the next Quarter
80%

Resolved complaints
6%

Ongoing inquiries
12%
Chanelled complaints
2%

3.4 Analysis Based on Categories of Complaints

This report captures categories of complaints received as stipulated
in the mandate as follows:-

(a) Injustice; includes allegations of wrongful dismissals from

work, premature retirement, negative ethnicity and
discrimination by public officers and public institutions.

32

(b) Delay; refers to unexplained and unnecessary time taken to

perform or deliver normal and routine duties and services
by public officers.

(c) Misuse of Office; includes claims of harassment by public

officers and allegations of improper or forceful charges
levied upon Complainants.

(d) Inattention; refers to unjustifiable failure to attend to

necessary detail, e.g. failure to respond to Complaints,
failure to charge suspects, cases not investigated to a
reasonable standard by relevant institutions, and the like.

(e) Inefficiency; Inability to perform /render services to the

expectation and satisfaction of the citizens

(f) Unethical conduct; want of probity by public officers in the

conduct of public affairs.
TABLE 3.4: Complaints Categories
Category

No. Of Complaints

Percentage

Delay

91

29

Injustice

65

21

Misuse of Office

48

15

Unethical conduct

31

10

Inattention

20

Inefficiency

11

Others1

51

16

TOTAL

317

100%

Others is a general term comprising of complaints categories such as

Maladministration, Breach of integrity, corruption, incompetence,

misbehaviour and ineptitude

33

The Complaints received during the Quarter were of diverse

nature. The most common ones focused on delay in service
delivery, misuse of office and inefficiency by the public officers.
Based on the above statistics, the bulk of public complaints have to
do with poor service delivery, law enforcement issues and concerns
touching on delivery of Justice. 29% of the Quarter complaints
were allegations of delay in service delivery. Many Kenyans feel
that unnecessary and unexplained time is taken to perform or
deliver normal and routine duties and services to them. A
considerable number of complaints reported were related to
allegations of wrongful dismissals from work, discrimination by
public officers and public institutions and negative ethnicity. In
addition, claims of misuse of office and harassment by public
officers were prominent in the Quarter complaints.
If the number of PCSC Complaints is anything to go by, the level of
service delivery and complaints-management in the public sector is
wanting. In order to see meaningful reforms in the public sector,
an efficient service delivery and proper complaints-management,
public officers, mainly senior ones, are to be held responsible for
their administrative actions and decisions and uproot the culture
and attitude of impunity and unquestionable exuded by some
public officers
Nonetheless, curbing maladministration in the public sector
requires a concerted effort from the public to demand quality
services on the one hand, and public officers to reform public
service delivery on the other hand.

34

FIGURE 3: Graphical Representation of Complaints Categories for

the current Quarter

PCSC Complaints Categories

29%

21%

15%

16%

10%

6%
3%

Delay

Injustice

Misuse of
office

Unethical
conduct

35

Inattention Inefficiency

Others

3.5 Analysis Based on Ministries and Public Sector Institutions

TABLE 3.5: Ministries and public sector Institutions complained
against
No. of
No. Public Institution
Percentage
Complaints
1
Kenya Police
50
16
2
Provincial Administration
46
14
3
Ministry of Lands
37
12
4
Ministry of Labour
28
9
5
The Judiciary
16
5
6
State Law Office
12
4
Advocates
Complaints
11
7
Commission
3
8
Ministry of Education
10
3
9
Teachers Service Commission
9
3
10
Pensions Department
8
3
11
Ministry of Local Government
7
2
Ministry
of
Cooperative
6
12
Development and Marketing
2
Ministry of State for Planning,
6
National Development and Vision
13
2030
2
14
Nairobi City Council
6
2
15
Ministry of State for Defence
5
2
16
Ministry of Medical Services
5
2
17
Ministry of Roads
5
2
Ministry of Gender, Children and
4
18
Social Development
1
19
Kenya Railways Corporation
3
1
20
Kenya Power & Lighting Co. Ltd
3
1
21
Kenya Revenue Authority
3
1
22
Ministry of Forestry and Wildlife
3
1
23
Ministry of Youth Affairs & Sports
3
1
24
Kenya Medical Research Institute
2
1

36

No. of
Percentage
Complaints
Kenya Electricity Generating Co.
2
Ltd (KENGEN)
1
Ministry of Agriculture
2
1
Ministry of Finance
2
1
Ministry
of
Fisheries
2
Development
1
Ministry of State for Immigration
2
and Registration of Persons
1
Ministry of Water and Irrigation
2
1
Public Service Commission
2
1
Interim Independent Electoral
1
Commission
0
Kenya
Agricultural
Research
1
Institute
0
Kenya Prisons
1
0
Kenya Pipeline
1
0
Kenya Wine Agencies Ltd
1
0
Kenyatta University
1
0
Ministry
of Information and
1
Communications
0
Ministry
of
Livestock
1
Development
0
Ministry of Public Works
1
0
Ministry of Transport
1
0
National Anti Corruption Steering
1
Committee
0
National Social Security Fund
1
(NSSF)
0
Postal Corporation of Kenya
1
0
Telkom Kenya
1
0
Individual (Private) Complaint
1
0
Total
317
100

No. Public Institution

25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

37

The complaints received involved a wide range of Government

Ministries and public sector institutions. The highest number of
Complaints received was against the Ministry of State for
Provincial Administration and Internal Security, totaling 96, which
represents 30% of the total Complaints received during the Quarter.
The Ministry remains at the top for the year in a row.
Out of the 96 Complaints received against this Ministry, 50
Complaints were against the Kenya Police while 46 Complaints
were against the Provincial Administration.
The Ministry of Lands recorded 12% of the total Quarter
Complaints. The Ministry of Labour and the Judiciary followed
with 9% and 5% out of the Quarter Complaints respectively.
Other notable institutions complained against include the State Law
Office with 4%, Advocates Complaints Commission with 3% the
Ministry of Education, the Teachers Service Commission, and the
Pensions Department with 3% each. Institutions with only one
complaint against them during the Quarter include the Ministry of
Public Works, the Interim Independent Electoral Commission, The
Kenya Prisons and the National Social Security Fund (NSSF).
Based on these empirical statistics, some key public service
institutions like the Kenya Police, the Provincial Administration,
the Ministry of Lands and the Judiciary have a clear obligation to
urgently address their service-delivery and complaintsmanagement systems and standards. This applies not just to the
highest-ranking institutions in terms of the number of complaints
registered, but to all public sector institutions.
An increase in the number of public Complaints is a pointer to the
poor level of service delivery in the concerned public institution. At
he same time, it is a valuable indicator that points out the priority
reform areas in the public sector that require attention.
The PCSC applauds the on-going public sector reforms and
challenges all stakeholders, whether in the public sector, private
sector, or individual citizens, to support the ongoing systemic and
structural reforms in public sector institutions.

38

39
2%
2%
2%

M in . o f C o -o p . D e v t.
M in . o f P la n n in g
N a ir o b i C ity C o u n c il

Complaints by ministries and public sector institution

O th e r p u b lic
in s titu tio n s

2%

M in . o f L o c a l G o v t.

3%

P e n s io n s

3%

TSC

3%

M in . o f E d u c .

A d v . C o m p la in ts
C om m .

5%

S ta te L a w O ffic e

T h e Ju d ic ia r y

M in . o f L a b o u r

M in . o f L a n d s

P r o v in c ia l A d m in .

K e n y a P o lic e

FIGURE 4: Graphical Representation of Complaints Received by

Ministries and Public Sector Institutions.

20%

16%
14%
12%
9%

4%
3%

3.6 Analysis of Complaints Based on Provinces.

TABLE 3.6: Distribution of Complaints across the Provinces
Province

No. Received

Percentage

Nairobi

87

27

Central

68

21

Eastern

38

12

Western

37

12

Nyanza

34

11

Rift Valley

34

11

Coast

15

North Eastern

TOTAL

317

100%

The highest number of Complaints was received from Nairobi

Province at 27%, followed by Central Province at 21% and Eastern
Province at 12%. The least number of Complaints was received
from Coast and North Eastern Provinces at 5% and 1% respectively.
This variance in distribution can be attributed to the proximity or
otherwise of PCSCs services which are presently only available in
Nairobi.
These statistics highlight the urgent need to spread PCSCs
presence to, at the very least, all Provincial Headquarters, and
subsequently to District Headquarters. This is emphasized by the
fact that 74% of all Complaints received by the PCSC come to our
attention through personal visits to PCSC offices at Shell & BP
House, Harambee Avenue, Nairobi see Table 7 below.
The PCSC is concerned with the persistent low rate of Complaints
lodged from the Coast and North Eastern Provinces. The two
Provinces remain at the bottom of the table of the PCSC Complaints
geographic distribution for the second year running.

40

Out of the Four (4) Complaints received from North Eastern during
the Quarter, Three (3) Complaints were reported to PCSC by
visiting its office at Shell and BP House. In its Provincial tours in
the second Quarter of the last financial year 2008/09, the Committee
got a clear sense in Garissa, Mombasa and Kisumu that it is not
only essential, but vital, that PCSCs services be cascaded to
Provincial Headquarters urgently, and to District Headquarters in
the short to medium term.
As a short-term remedy to address the above concerns, the PCSC
has collaborated with local Community Based Organizations (CBO)
in three districts as a pilot project. These are Garissa, Kerugoya and
Kakamega. The CBOs, which are active at local level, will facilitate
and bridge the gap between the PCSC and the locals at the lower
geographic levels in the selected districts.

41

FIGURE 5: Graphical Representation of Complaints received by

Province

Geographic distribution of complaints

30%

27%

25%

21%

20%

15%

12%

12%

11%

11%

10%

5%
5%

1%

0%
Nairobi

Central

Eastern

Western

Nyanza

R/Valley

Coast

N/Eastern

Province

3.7

Analysis by Mode of Lodging Complaint

TABLE 3.7: Mode of Lodging Complaints

Mode Of Reporting

No. Received

Percentage

Personal Visit

234

74

Postal mail

75

24

Referral from other institutions

Email

317

100%

TOTAL

42

FIGURE 6: Graphical Representation of Mode of Reporting

Complaints

Mode of reporting complaints to the PCSC

Personal visit, 74%

Postal mail, 24%

Referrals, 1%

3.8

E-mail, 1%

Analysis by Gender

TABLE 3.8: Complaints Distribution by Gender

GENDER

NUMBER

PERECNTAGE

Male

265

84

Female

36

11

Organizations/Groups

16

TOTAL

317

100%

43

As evident from distribution of the Quarter Complaints in the

above table, there is a large disparity in the number of complaints
received from women as compared to men. Women reported a
mere 11% of the Quarter Complaints as compared to mens 84%.
This figure of 11% does not indicate a deep satisfaction by the
females with public service delivery; rather, it symbolically
illustrates the effect lack of proximity to essential public services
such as the PCSCs to the citizens.
This disparity remains to concern the PCSC.

FIGURE 7: Graphical Representation of Complaints received by

Gender

Complaints distribution by Gender

Male
84%

Groups/Organization
5%

Female
11%

44

3.9

Monthly Analysis of Complaints in the Quarter

TABLE 3.9: Status of Current Quarter Complaints

TOTAL
STATUS

July

August

September

Inquiries
initiated

by

35

39

12

53

80

118

251

79

15

20

105

90

122

317

100%

the PCSC
Carried over

Complaints
resolved
Channeled to
other
government
institutions

TOTAL

45

FIGURE 8: Monthly comparative analysis of the Quarter

Complaints
Monthly comparative analysis of the Quarter Complaints
118

No.

80

53

35

15
2

2
July

Resolved

August

Ongoing

Months
Chanelled

September

Carried over

3.10 Comparative Analysis by Quarters

TABLE 3.10: Comparison of Complaints Processed in the 4th
Quarter 2008/09 and 1st Quarter 2009/10
STATUS

Q4

Q1

Inquiries initiated by PCSC

32

12

39

12

Carried Over

227

84

251

79

20

270

100%

317

100%

Complaints channeled to responsible

department of government for action e.g.
The Police Complaints Department.
Resolved by the PCSC
TOTAL

46

FIGURE 9: Graphical Representation of Complaints processed in

4th Quarter of 2008/09 and 1st Quarter 2009/10
Complaints processed in the 4th and 1st Quarters

227
Carried over
251

5
Chanelled
7

32
Ongoing
39

6
Resolved
20

1st Quarter 2009/10

47

4th Quarter 2008/09

CHAPTER FOUR
4.0

ADVOCACY, OUTREACH & MEDIA ACTIVITIES

PCSC appreciates that communicating to the general public on the

role of the office is a key component of PCSCs business.
Opportunities to communicate to the public arise through media
events, advocacy and outreach activities, easily accessible and
understandable information literature and the internet.
To this end, PCSC undertook a number of initiatives with the
support of Governance Justice Law and Order Sector (GJLOS)
Reform programme as described below.
4.1

Advocacy and Outreach

PCSC staff participated in week long events to publicise the role

and functions of the office. PCSC staff attended the Central
province Agricultural Society Show in Nyeri. During these events,
PCSC staff received Complaints and also offered advice on other
relevant

Government

Departments

that

could

handle

the

Complaints lodged.
4.2

Establishing an Effective Online Presence

The PCSC continues to be hosted on the World Wide Web by the

Ministry of Justice, National Cohesion and Constitutional Affairs
on its website. In the next Quarter, the PCSC will establish and
design its own user-friendly website with useful resources for

48

public institutions and the public in general. Key features of the

website will include:

PCSC Form 1 for complainants to lodge Complaints online;

PCSC Quarterly Reports;

Information about PCSC; and

Information and tips for the public on resolving Complaints.

4.3
Maximising
Awareness

on

Media

Opportunities

to

Increase

During the Quarter, PCSC consolidated its media activities to

communicate its dual role of resolving individual complaints and
improving service delivery in the public sector. The activities
implemented as part of media activities included;

Media advertising campaigns aired on KBC Radio and

Television and Citizen TV communicating the role of the
PCSC and how the public can access PCSC services

Educative and informative programmes aired on the KBC Je

huu in ugwana programme on the role of the PCSC.

Release of the PSCSC Fourth Quarterly Report for 2008/09

Financial Year. Gazette Notice 5826 of June 29th 2007 requires
the PCSC in performance of its functions;

49

(xii)

To publish Quarterly Report for public information on the

number and nature of complaints received and action taken
by the Committee.

To this end, PCSC released its 4th Quarterly Report to the

public on August 18th, 2009. The Report was also circulated
to all Government Ministries, Government Departments,
Development Partners and the public during regional visits.
4.4

Information Literature

During the Quarter, PCSC published a suite of new information

material which explain the role and mandate of PCSC, how the
public can lodge complaints and the services offered. These are;
PCSC Booklets, Flyers, Brochures, Key holders, Clocks, T-Shirts and
Bags. This information literature will be distributed to the public
during upcoming PCSC regional visits.

50

CHAPTER FIVE
5.0

RECOMMENDATIONS

5.1

Complaints Specific Recommendations

Kenya Gazette Notice No. 5826 of June 29 2007 mandates the PCSC:
(vii)

To perform any duties or tasks with regard to complaints

with a view to giving meaningful effect to the same

1) Unfair Rescission of Terms of Service

A complaint was lodged against the Pensions Department
regarding payment of the Complainants retirement benefits. The
Complainant alleged that while she was in the service in the
Ministry of Health, her terms of service were converted from
Contractual to Permanent and Pensionable in September 1996.
However, upon retirement, the Pensions Department declined to
pay her benefits on the ground that her terms of service were
Contractual. The PCSC took the view that this constituted a clear
case of Injustice and initiated inquiries with the Pensions
Department. The Pensions Department clarified that it was the
Public Service Commission that rescinded its earlier decision on the
conversion of the Complainants terms of service to Permanent and
Pensionable. The PCSC has initiated further inquiries with the
Public Service Commission on the reasons for rescinding the
Complainants conversion of terms, and is awaiting a response.
2) Improper Rescission of Promotion
The Complaint related to improper rescission of promotion by the
Public Service Commission. The Complainant alleged that he had
been appointed/ promoted to the position of Director, Performance
& Efficiency Audit, in the Public Sector Reform and Development
Secretariat by the Public Service Commission. The Commission
later rescinded the decision and ordered disciplinary proceedings
to be instituted against the Complainant. The Complainants
authorizing officer declined to institute disciplinary action on the
basis that there was no justifiable reason for the same. PCSC opined
that there was an instance of Administrative Injustice and initiated
inquiries with the Public Service Commission. The Public Service
Commission responded to PCSCs inquiries stating, summarily,
that they upheld their earlier decision. In May 2009, the PCSC

51

wrote to the Public Service Commission requesting a meeting to

resolve the complaint. However, the request for a meeting was
verbally declined by the Chairman of the Public Service
Commission.
3) Unfair Rescission of Appointment
The Complainant, Mrs. Catherine M. Nyamato was appointed a
Member of the Non-Governmental Organisations Coordinating
Board for a term of three years, by the Vice-President, vide a
gazette notice dated 11th April 2008.She was appointed to represent
gender interests. However, following a cabinet reshuffle the
incoming Minister of State for National Heritage and Culture
revoked the Complainants appointment in July 2008, and instead
replaced her with a man from his ethnic tribe.
PCSC initiated inquiries with the Ministry of National Heritage and
Culture. In response the Ministry stated that the complainant
participated in elective politics during the 2007 elections contrary
to the Public Servants Ethics Act and that out of the eight (8)
appointments to the Board, two (2) were women.
However, the PCSC notes that the appointment of the Complainant
to the Board was in April 2008, months after the elections. Further,
one of the gentlemen appointed with her also participated in the
2007 elections as a candidate. Interestingly enough, his
appointment has not been de-gazetted. Further, the two women on
the present Board represent the NGO Council while the
Government side has no representation. This is the position the
Complainant was expected to fill.
The PCSC views the removal of the Complainant from the Board
as a case of maladministration since it translates to improper
discrimination. It is evidence of the inconsistent application of
policies and a failure to perform a duty impartially and equitably,
which goes against the spirit of the Constitution.
The PCSC recommended to the Permanent Secretary of the
Ministry of State for National Heritage and Culture on 3rd August
2009 that the complainant be reinstated to the Board.
Appointments to the Board are at the discretion of the Minister
but the holder of the office is expected to act within certain

52

confines of policies that are intended to address gender disparity.

In their letter of 1st September 2009 the Ministry has indicated
clearly that they do not intend to review this complaint.
4) Unfair Dismissal
The Complainant, Cyzyck Mwachiro, a Higher Clerical Officer with
the Judiciary, was, in March 1998, dismissed from the Service, for
gross misconduct. Prior to the dismissal, the Complainant was
informed that the Ministerial Advisory Committee had
recommended to the Judicial Service Commission (JSC) that he
should be retired in the Public Interest. The Complainant was
therefore called upon to Show Cause why he should not be retired
from the Service in the Public Interest. Despite the Complainants
response, he was dismissed by the JSC on grounds of gross
misconduct, without any explanation.
The PCSC initiated inquiries and observed that the implications
of retiring an officer in the Public Interest or dismissing him are
totally different. i.e. with and without benefits. Therefore, there
should have been a strict adherence to the principles of natural
justice. The Complainant should have been given an opportunity
to defend himself against dismissal, as well as given reasons why
the JSC opted to dismiss him against the recommendation of the
Ministerial Human Resource Advisory Committee. The PCSC
also notes that as a matter of procedure the JSC does not avail
reasons for dismissal to the employee therefore giving raise to
claims of nepotism, bias and favouritism, as in this case.
The PCSC recommended to the Secretary of the Judicial Service
Commission on September 17th 2009 that the Complainants
dismissal be revoked and instead he be retired in the Public
Interest. Their response of 15th October 2009 implies their
reluctance to review the dismissal taking into account the issues
raised by the Complainant.

53

5) Unfair Termination of Employment

The Complainant Simon Wanyaga Baru, then an employee of the
Kenya Power and Lighting Company (KPLC) was transferred from
Kisumu to Nairobi in February 2004. However, soon after he was
verbally recalled from Kisumu to Nairobi. Once again, whilst in the
Nairobi office the Complainant was instructed to proceed to
Kisumu. These transfers adversely affected the Complainant, both
physically and financially and subsequently, on September 4, 2004,
he tendered his resignation to the Chief Human Resources and
Administration Manager (Chief HR & Admin Manager) through
the Assistant Regional Manager, West Kenya. His intention was to
take up a job offer by the Allen Grove School Limited with effect
from October 4, 2004. In his resignation letter the Complainant gave
his formal 30 days notice and proceeded on leave which was meant
to end on October 4, 2004.
On September 15, 2004, the Complainant was recalled before the
expiry of his leave by the Chief HR & Admin Manager and
instructed to avail himself for work on September 17th through to
September 27th. Moreover, on October 4, 2004, the Chief Marketing
Officer requested the Chief Manager, Distribution and Customer
Service (the Complainants immediate supervisor) to release the
Complainant from his duty Station in Kisumu to assist in regional
Shows that were to take place on October 14th to 16th and November
4th and 6th.
As a result of these instructions, on September 27, 2004, the
Complainant acting on the advice of the Chief Marketing Officer
and the Chief Manager, Distribution and Customer Service
withdrew his resignation letter by a memo to the HR & Admin
through the Chief Manager, Distribution and Customer Service.
However, on October 21, 2004, the Chief HR & Admin wrote to the
Complainant informing him that the withdrawal of his resignation
was not approved and that his resignation of September 3, 2004

54

stood. In the letter the Chief HR & Admin instructed the paymaster
to pay the Complainant cash in lieu of notice for the leave days
together with his salary up to and including October 22, 2004.
PCSC has observed that there was an instant of
maladministration in the handling of the Complainants matter.
In particular, the PCSC opined that administrative errors made by
senior employees of KPLC due to lack of proper and clear
procedures within KPLC, should not occasion injustice to the
Complainant. PCSC therefore recommended to the Managing
Director of KPLC, with a copy to the Permanent Secretary of the
Ministry of Energy, that the Complainants case be considered as
a retrenchment and compensation be based on packages offered
by KPLC to employees in his position; or in the alternative KPLC
pay the Complainant the two years salary the Complainant
would have earned had he taken up the two year contract with
Allen Grove School Limited. PCSC has not had a response to our
correspondence dated 15th July 2009.
6)

Irregular Revocation of Appointment

The Complainant, Dan Odindo Adem was appointed by the

Minister for Information and Communication, Director to the
Kenya Film Censorship Board, for a term of 5 years, vide a gazette
notice dated 20th May 2005. In June 2008 the Chief Executive of the
Kenya Film Commission, acting on the Chairman of the Boards
instructions directed that the Complainant should not sign the Duty
Attendance Register and the Classification Cinema Certificates
which formed the basis for payment of allowances. Mr. Adem was
also not allowed to attend Board meetings.
Since the Complainant regarded these instructions as not legally
binding, he continued to perform his duties as a Director until 26th
September 2008 when, vide a gazette notice, the Minister revoked
his appointment. Thereafter, Mr. Adem submitted his claim for his

55

allowances for the period June to September 2008 but the

Commission has denied him his dues.
The PCSC initiated enquiries and has determined that the neither
CEO nor Chairman have powers under the Board Regulations or
any other law or regulation to dismiss Mr. Adem. Both these
gentlemen acted ultra vires since the appointment and revocation
of Board members is the prerogative of the Minister. In our view,
the reasons that led to the initial dismissal of Mr. Adem could
be personal and we consider that there may be an element of
discrimination. Therefore, we concluded that the action of the
two public officials falls within the definition of
maladministration.
The PCSC has recommended to the Permanent Secretary of the
Ministry of Information and Communications that the
Complainant be paid allowances for the period between June and
September 2008. The Committee has had no response to our last
correspondence dated 6th August 2009.
7)
Unfair Dismissal
The Complainant, Steve O. Odhiambo was employed in the
Judiciary in 1994 as a Court Clerk until April 2003 when he was
dismissed from service on allegations of gross misconduct. This
stemmed from a criminal prosecution for which he was convicted
and sentenced to 12 months probation. The Complainant lodged an
appeal which was upheld by the Court of Appeal. He thereafter
lodged an appeal to the Judicial Service Commission (JSC)
requesting to be reinstated. The administrative appeal was
disallowed.
The PCSC made enquiries and established that there have been
instances where some public officials within the Judiciary have
been charged with criminal offences and cleared by the court have
been reinstated. The reasons given for their reinstatement has been

56

that the charges against them were not established or that their past
record was considered and they were given another chance to
prove themselves. In this instance, the charge against the
Complainant was not established and prior to his dismissal, he had
been promoted in 1999 and 2002.
The PCSC formed the opinion that this is a case of
maladministration since there is an inconsistent application of
policies or practices. This has resulted in claims of favoritism and
tribalism in the Judiciary. In our letter to the Chairman of the JSC
dated 6th October 2008 we recommended that the Complainant
should be paid his accrued salary and retired in the normal
manner having regard to the lapse of time. We have had no
response to this letter.

5.2

Recommendations made in the current Quarter

(TO BE INSERTED BY THE COMMITTEE MEMBERS)

5.3

Recommendations made in Previous Quarters

MADE IN QUARTERS Q4, FY 2008/09:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
1. Judging from complaints received, and media reports, issues
of gender disparity in public service appointments remain a
concern to Kenyans, as the number of women in key
positions has remained low. This is in spite of the
Government having signed and ratified several international
instruments that impact on the gender issue. This spirit of
non discrimination is also echoed in our Constitution even
though the Constitution does not substantiate how gender
can be a ground for discrimination; neither does it give
sanctions if such discrimination were to occur.

57

On the contrary, cases of injustice and discrimination against

women are rampant in public appointments. The following
is an illustrative complaint.

Unfair Rescission of Appointment

A complainant alleged that in April 2008 she was appointed
as a Board Member in the NGO Coordinating Board to
represent gender interests. However, following a cabinet
reshuffle, the incoming Minister of State for National
Heritage and Culture revoked the Complainants
appointment and instead nominated two men from his
ethnic tribe. PCSC initiated inquiries with the Ministry of
National Heritage and Culture. In response the Ministry
stated that out of the eight (8) appointments to the Board,
two (2) were women. This is still far below the minimum
requirement of one third. PCSC is pursuing the matter with
the Ministry.
Sessional Paper No. 2 of 2006 on Gender Equality and
Development recommends a 50% or equal representation of
women and men in various government bodies. However, it
remains unclear whether mechanisms to implement this
policy have been put in place or not. The PCSC recommends
that the Ministry of Gender, Children and Social Affairs
urgently work towards establishing the legal framework on
Gender, Equality and Development policy to make it
binding as law and ultimately to reduce the systemic trends
of injustice and discrimination against women in public
appointments.

2. Systemic Trends in Labour Complaints

58

The PCSC constantly strives to not only assist complainants

in getting redress or a remedy to their complaint where
maladministration has been identified, but also to encourage
public institutions improve their policies and procedures to
ensure that similar complaints do not recur.
In the course of examining complaints against the Ministry
of Labour and Human Resource Development, PCSC has
identified the Ministrys complaints resolution process as a
major source of complaints. When disputes arise between
employers and employees, despite successful conciliation
meetings between the labour officer, the complainants and
former employers, resolution of these complaints stagnate
after the conciliation stage since labour officers do not remit
the agreed-on payment/s to complainants and also do not
normally follow-up complaints to satisfactory resolution.
PCSC has pointed out this systemic trend to the Permanent
Secretary in the Ministry of Labour and Human Resource
Development and recommends review and or revision the
Ministrys procedures and policies to ensure similar
complaints do not recur.
MADE IN QUARTERS Q3, FY 2008/09:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
1. It came to the attention of the PCSC that there was
substantial corruption attending the spending by public
officers of some budget lines, particularly those relating to
Personal Allowances not paid as part of Salary.
The proximate causes for this corruption were found to be
(a) Weak or even complicit administrative oversight by
public officers with Authority-to-Incur-Expenditure; and

59

(b) Opportunistic, self-serving interpretations by public

officers of Administrative Circulars issued by the Head of
the Public Service.
While the opportunism of public officers in taking advantage
of loose financial oversight is decried, the following must be
acknowledged;
(c) that there is a multiplicity of Circulars governing the
entitlements of public officers to allowances;
(d) that the Circulars are quite vague in their definitions;
(e) that the Circulars fail to anticipate reasonably foreseeable
situations necessitating payment of special allowances
due to exigencies of duty, thereby encouraging public
officers to become creative in their interpretation of
applicable Circulars.
It is therefore strongly recommended that all Administrative
Circulars on Allowances payable to public officers be
reviewed and consolidated. Secondly, oversight by
Permanent Secretaries should be improved dramatically to
prevent situations where public officers raise claims, justify
them to themselves and then proceed to pay themselves,
often in reliance on wrong or self-serving interpretations of
Administrative Circulars.
MADE IN QUARTERS 1 & 2 OF FY 2008/09:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
1.

Policy on the Judicial Service Commission Staff.

The Judicial Service Commission [JSC], was delinked from
the Public Service Commission [PSC] in 1998. The Judiciary
was then expected to set up its own contributory
superannuation pension service scheme for its staff. This has

60

not been done to date. This has caused unnecessary tensions

and friction between several government departments
particularly the Pensions Department in processing of
gratuity and pensions payments.
The PCSC observes that this is a policy issue that needs
further consultation and resolution at Cabinet level
expeditiously in order to forestall complaints from retired
judicial officers.
MADE IN QUARTERS 3 & 4 OF FY 2007/08:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
1.

Review of the Disciplinary Process

Many Commissions do not permit aggrieved public officers
who have disciplinary cases before them to appear in person
to argue or appeal their cases. In essence, this denies them
the opportunity to be heard and to explain themselves
personally. From the Committees experience, many
Complainants are unable to adequately communicate their
grievances in writing when filling out the Complaint Form.
The essence of their Complaints only becomes evident after
they have been heard by the Committee. It can safely be
assumed that this affects the existing Public Service
modalities of dealing with Complainants. It is therefore
imperative that the disciplinary process in the Public Service
be participatory and as fair as possible. Indeed, justice must
not only be done, but be seen to be done.
MADE IN QUARTERS 1 & 2 OF FY 2007/08:
STATUS: NOT ACTIONED YET.

61

ADDRESSEE: HEAD OF THE PUBLIC SERVICE.

1.
Future Establishment of New Committees and
Commissions
The experience of the PCSC since its inception highlights the
challenges that face new committees and commissions in
setting up their operations. Navigating government
procedures is a challenge for all new agencies. In recognizing
that Government will need to establish Commissions and
Committees in the future, it is the recommendation of the
PCSC that such bodies should only be established after all
critical authorizations are in place. For example, the
authority from the Department of Personnel Management
[DPM] enabling deployment of staff and setting out their
emoluments is crucial for any institutional and
organizational development to commence. So is the issue of
Office Space and Administrative Support (Telephones,
Vehicles, Temporary Staff etc). As matters stand, a newly
established Committee or Commission finds tremendous
difficulty in getting to its feet, lacking as it may be in
necessary experience or exposure to the labyrinthine
workings and administrative procedures of Government.
This leads to a substantial waste of time by public sector
novices as they try to execute their mandate and get going,
which could be easily avoided by the simple expedient of a
dedicated team whose work is to get new bodies functioning
and executing their mandate in the shortest possible time. A
typical example is the newly-appointed Committee of
Experts on the Constitution which, in light of its target of
delivering a draft Constitution by the end of the year barely
9 months away, will need to hit the ground running on its
core mandate, rather than spending months trying to get off
the ground.

62

A simple Administrative Procedure Protocol for Committees

and Commissions, run from the Office of the Head of the
Public Service, should be established and implemented
urgently. The Office of the Head of the Public Service would
then guide and assist Committees and Commissions
establishing their operations in compliance with existing
government rules and procedures, and in the quickest time
possible. The PCSC would like to use its experience as a
learning tool for the benefit of future Committees and
Commissions.
2.

Hierarchical recognition of the PCSC in the Public Service

The administrative oversight mandate of the PCSC is broad
and

encompasses

the

entire

public

service.

By

its

establishment, it is expected that the PCSC will complement

Public Service reform efforts to provide quality services to
Kenyans by playing an effective oversight role over public
servants and public institutions. It is therefore our view that
the PCSC should enjoy higher administrative status within
the organization of Government. Moreover, in view of the
fact that the realization of the PCSCs mandate is linked to its
independence (financial and operational) and impartiality,
its position as a Semi-Autonomous Government Agency
under the Ministry of Justice, National Cohesion and
Constitutional Affairs is deserving of review.

Service Charters
3.
Service charters in Ministries and Government Departments should
be presented in both Kiswahili and English. The PCSC has not
come across a Swahili version of a service charter in any of the

63

government offices it has visited. Kiswahili is the national language

that is commonly used in national administrative matters.

64

ANNEXURE
No

Date

Name

Province

Sex

Mode of
contact

29-Jul-09

Alexins D
Khalumba
Asiema & Co.
Advocates
Cyprian Ndwiga

Rift Valley

Visit

Nairobi

Daniel Maina
Mathiaka
Daniel Wanjala
Murunga
Dickson Bundi
Njagi
E K Gatheru

Rift Valley

Fredrick Musyoki
Kyuli
Geoffrey Mutai 3
George Omondi
Omollo
Gicheka Kamau &
Co. Adv.
Godfrey Kasaya
Mabia
Gombe Amoroso
Hillary Ngolobe
Otwani

1
7-Sep-09
2
3

29-Jul-09
29-Jul-09

4
30-Sep-09
5
16-Jul-09
6
7

6-Jul-09
28-Jul-09

8
9

21-Aug-09
7-Jul-09

10
27-Aug-09
11
27-Jul-09
12
13

29-Jul-09
11-Aug-09

14

Public Institution

Mandate

Case status

Committee member
in-charge

KENYA POLICE
Unethical conduct

Kenya Police

Within

New

Grace Madoka

Post

Unethical conduct

Kenya Police

Within

Closed

Grace Madoka

Referral

Delay

Kenya Police

Within

New

Kenneth Mwige

Post

Delay

Kenya Police

Within

Ongoing

Amb. Simani

Western

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Central

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

Nairobi

Post

Inattention

Kenya Police

Within

Ongoing

Peter Karing'u

Eastern

Visit

Injustice

Kenya Police

Within

Ongoing

Grace Madoka

Rift Valley

Visit

Inattention

Kenya Police

Within

Ongoing

Grace Madoka

Nyanza

Post

Injustice

Kenya Police

Within

Ongoing

Grace Madoka

Post

Misuse of office

Kenya Police

Within

New

Grace Madoka

Nairobi

Nairobi

Nature of complaints

Nairobi

Post

Inattention

Kenya Police

Within

New

Grace Madoka

Nairobi

E-mail

Unethical conduct

Kenya Police

Within

New

Grace Madoka

Nairobi

Post

Misuse of office

Kenya Police

Within

New

Grace Madoka

65

No

Date

Name

Province

Sex

15

7-Aug-09

Hillary Otwani

Rift Valley

Mode of
contact
Visit

26-Aug-09

Hudson Vilongo
Mabonga
James Gabriel
Kamau
Jeremiah King'ata
Wangondu
Jeremiah Warui
Gicheru
Job Cheruiyot
Kerui
John Chege
Njuguna
John G Osir
K'Apiyo
John Kebaso
Tinega
Joseph Shikuku
Amakobe
Josphat Kamunya
Mwangi
Kimani Gateru

Western

Visit

Central

Nairobi

Kiplangat
Cheruiyot
Laji Adoyo
Martin Sifuma
Bakuli
Mbakaya
Petronilla
Muhonka

16
23-Sep-09
17
30-Sep-09
18
25-Aug-09
19
12-Aug-09
20
24-Aug-09
21
13-Jul-09
22
30-Sep-09
23
24-Aug-09
24
14-Aug-09
25
26

8-Jul-09
13-Aug-09

27
28

25-Sep-09
28-Sep-09

29
10-Aug-09
30

Nature of complaints

Public Institution

Mandate

Case status

Misuse of office

Kenya Police

Within

New

Committee member
in-charge
Grace Madoka

Injustice

Kenya Police

Within

New

Grace Madoka

Visit

Unethical conduct

Kenya Police

Within

New

Grace Madoka

Visit

Delay

Kenya Police

Within

New

Grace Madoka

Central

Visit

Inattention

Kenya Police

Within

New

Amb. Simani

Rift Valley

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Nairobi

Visit

Delay

Kenya Police

Within

New

Grace Madoka

Nyanza

Post

Injustice

Kenya Police

Within

New

Grace Madoka

Nairobi

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Western

Visit

Misuse of office

Kenya Police

Within

New

Grace Madoka

Central

Visit

Misuse of office

Kenya Police

Within

New

Grace Madoka

Nairobi

Visit

Unethical conduct

Kenya Police

Within

Ongoing

Grace Madoka

Nairobi

Referral

Injustice

Kenya Police

Within

New

Grace Madoka

Nyanza

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Western

Visit

Maladministration

Kenya Police

Within

New

Grace Madoka

Western

Visit

Misuse of office

Kenya Police

Within

New

Grace Madoka

66

No

Date

Name

Province

Sex

14-Jul-09

Michael
Ndambuki Kyalo
Mohamed Ahmed
Abdullahi
Moses Nderitu
Maina
Moses Nkoimo

Eastern

Mode of
contact
Visit

NEP

Nairobi

31
15-Sep-09
32
22-Jul-09
33
34

17-Jul-09
14-Jul-09

Nature of complaints

Public Institution

Mandate

Case status

Inattention

Kenya Police

Within

New

Committee member
in-charge
Grace Madoka

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

Rift Valley

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

Rift Valley

Post

Misuse of office

Kenya Police

Within

Ongoing

Grace Madoka

Nyanza

Visit

Unethical conduct

Kenya Police

Within

Ongoing

Grace Madoka

Coast

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Eastern

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Eastern

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

40

23-Jul-09

Nancy Wambui
Kirubo
Norman Alex
Mogoi
Panuel J. M.
Maeke
Paul Muriithi
Njeru
Peter Muathe
Musau
Philip Ikonya

Nairobi

E-mail

Misuse of office

Kenya Police

Within

Ongoing

Kenneth Mwige

41

21-Jul-09

Pius Wilson Siyah

Rift Valley

Visit

Misuse of office

Kenya Police

Within

New

Grace Madoka

24-Aug-09

Richard Riri
Ndegwa
Samson Luwayi
Indiayo 2
Samuel Muriithi
Watatua
Saul Andaye
Mudalungu
Simon Mutunga
Mulu

Central

Visit

Breach of integrity

Kenya Police

Within

New

Grace Madoka

Nairobi

Post

Inattention

Kenya Police

Within

Ongoing

Grace Madoka

Central

Visit

Maladministration

Kenya Police

Within

New

Grace Madoka

Western

Visit

Maladministration

Kenya Police

Within

New

Grace Madoka

Nairobi

Visit

Unethical conduct

Kenya Police

Within

New

Grace Madoka

35
6-Jul-09
36
28-Sep-09
37
8-Aug-09
38
31-Jul-09
39

42
14-Jul-09
43
29-Sep-09
44
15-Sep-09
45
29-Sep-09
46

67

No

Date

Name

Province

Sex

28-Sep-09

Susan Wanjiru
King'ori
Thomas Kiplangat
Kones
Tom Nyangeri
Mogaka
Wilfred Karanja
Githuka

Central

Mode of
contact
Visit

Rift Valley

Nairobi

47
24-Aug-09
48
6-Aug-09
49
14-Jul-09
50
28-Jul-09
1
10-Sep-09
2
9-Jul-09
3
1-Jul-09
4
5

24-Sep-09
22-Sep-09

6
22-Sep-09
7
19-Aug-09
8
24-Aug-09
9
26-Aug-09
10
11

28-Aug-09

Nature of complaints

Public Institution

Mandate

Case status

Injustice

Kenya Police

Within

New

Committee member
in-charge
Grace Madoka

Visit

Corruption

Kenya Police

Within

New

Grace Madoka

Visit

Corruption

Kenya Police

Within

New

Grace Madoka

Nairobi

Post

Misuse of office

Kenya Police

Within

New

Grace Madoka

Abil Mukhwana
Shitemi
Andrew Nyabuto
Momanyi &
Others
Beatrice K
Ngumbi
Bernard Mulwa
Musyoka
Bishar A Issak

Western

PROVINCIAL ADMINISTRATION
Post
Unethical conduct
Provincial Admin.

Within

New

Amb. Simani

Nyanza

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Central

Visit

Misuse of office

Provincial Admin.

Within

Ongoing

Amb. Simani

Nairobi

Post

Breach of integrity

Provincial Admin.

Within

Ongoing

Amb. Simani

Nairobi

Visit

Delay

Provincial Admin.

Within

New

Amb. Simani

Boniface Otieno
Okelo
Burure Mwita &
Others
Chepkero Loc.
Resident
Christiansen Otis
Jole
Christopher
Gitonga Miburi
Christopher Kala

Nyanza

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Nyanza

Post

Inattention

Provincial Admin.

Within

New

Amb. Simani

Visit

Incompetence

Provincial Admin.

Within

New

Amb. Simani

Rift Valley
Nairobi

Post

Inattention

Provincial Admin.

Within

New

Amb. Simani

Eastern

Visit

Discourtesy

Provincial Admin.

Within

New

Amb. Simani

Eastern

Post

Unethical conduct

Provincial Admin.

Within

Advised

Amb. Simani

68

No

Date

Name

Province

Sex

22-Jul-09

Cyprian Ngai
Ndereva
Daniel Njenga
Doge
Edwin Obanda
Nyanducha
Elijah Kirimi
Imong'i
Erastus P Gomba
3
Geoffrey Mutuma
Gerrald
Grace Wambui
Mungai
Hosea Majanga

Eastern

Mode of
contact
Visit

Central

Nairobi

12
30-Sep-09
13
25-Sep-09
14
21-Jul-09
15
8-Sep-09
16
7-Aug-09
17
24-Jul-09
18
19

17-Aug-09
30-Sep-09

20
21

28-Jul-09
6-Aug-09

22
23

6-Jul-09
23-Sep-09

24
25-Sep-09
25
14-Jul-09
26
3-Aug-09
27

Nature of complaints

Public Institution

Mandate

Case status

Delay

Provincial Admin.

Within

Ongoing

Committee member
in-charge
Amb. Simani

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Eastern

Visit

Unethical conduct

Provincial Admin.

Within

New

Amb. Simani

Nyanza

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Eastern

Visit

Injustice

Provincial Admin.

Within

New

Grace Madoka

Central

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Western

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Isaac Kipturgut
Ngetich
Jacob Aringo

Rift Valley

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Nairobi

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

John Gathiga
Jeremiah 3
John M Kioko

Central

Visit

Unethical conduct

Provincial Admin.

Within

Ongoing

Amb. Simani

Eastern

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Julia Wambui
Gitonga
Lucy Wakonyo
Kariuki
Lydia Wambui
Muriithi
Michael N
Mwangi

Central

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Central

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Central

Post

Injustice

Provincial Admin.

Outside

Advised

Amb. Simani

Nairobi

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

69

No

Date

Name

Province

Sex

28

30-Sep-09

Monica Amolo 2

Nyanza

Mode of
contact
Visit

29

17-Sep-09

Moses Nkoimo 2

Rift Valley

Visit

28-Sep-09

Moses Omondi
Ombokh
Moses Wamalwa
Mukhamari
Munyoki Maimbo
Munyoki
Nelson Maina
Komu
Ochanji Mitungu

Nyanza

Western

Pascal Okware
Okolodi
Peter Lewes
Lenkoidad
Rose Wakio
Gichira
Samson M
Makubo
Samuel Moruye
Mosoti
Samwel Wachira
Muthee
Sicily Muthoni
Gacoki
Stephen Ekitela
Aboto
Sterah Wamaitha
Muraguri

30
17-Jul-09
31
20-Aug-09
32
30-Sep-09
33
34

4-Aug-09
18-Sep-09

35
15-Jul-09
36
13-Aug-09
37
30-Sep-09
38
26-Aug-09
39
13-Aug-09
40
16-Sep-09
41
2-Jul-09
42
8-Jul-09
43

Nature of complaints

Public Institution

Mandate

Case status

Misuse of office

Provincial Admin.

Within

New

Committee member
in-charge
Amb. Simani

Breach of integrity

Provincial Admin.

Within

New

Amb. Simani

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Visit

Misuse of office

Provincial Admin.

Within

Ongoing

Amb. Simani

Eastern

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Central

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Western

Post

Injustice

Provincial Admin.

Within

New

Amb. Simani

Western

Visit

Delay

Provincial Admin.

Within

New

Amb. Simani

Eastern

Visit

Injustice

Provincial Admin.

Within

Advised

Amb. Simani

Central

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Nyanza

Visit

Delay

Provincial Admin.

Within

New

Amb. Simani

Nairobi

Referral

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Central

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Nairobi

Referral

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Rift Valley

Visit

Inefficiency

Provincial Admin.

Within

Ongoing

Amb. Simani

Central

Post

Misuse of office

Provincial Admin.

Within

Ongoing

Peter Karing'u

70

No

Date

Name

Province

Sex

23-Sep-09

Timothy Chege
Wambui
Wellington S Kalo

Central

Mode of
contact
Visit

Coast

1-Sep-09

Wellington
Senerwa Kalo

Coast

29-Sep-09

Alexander Meeme
Kajoi
Amis Ong'olo Rao
& Esther K.
Jashon
Amos R. Nganga
& Others
Antony Kanja
Wambugu
Benard Kamau
Njuguna
Bernard Kamau
Njuguna
Dancan
Wambugwa
Mwangi
Doughlas
Odhiambo Otieno
Edward Kangethe
Mukira
Eliab Imbikha
Musha
Elijah Kamau
Nganga

Eastern

Visit

Eastern

Visit

44
45

21-Aug-09

46

1
28-Sep-09
2
21-Jul-09
3
19-Aug-09
4
3-Sep-09
5
30-Sep-09
6
28-Sep-09
7
17-Aug-09
8
28-Sep-09
9
21-Aug-09
10
29-Sep-09
11

Central

Nature of complaints

Public Institution

Mandate

Case status

Injustice

Provincial Admin.

Within

New

Committee member
in-charge
Amb. Simani

Post

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Min. of Lands

Within

New

Peter Karing'u

Delay

Min. of Lands

Within

New

Peter Karing'u

Visit

Inefficiency

Min. of Lands

Within

New

Peter Karing'u

MINISTRY OF LANDS
Breach of integrity

Nairobi

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

Nairobi

Post

Inefficiency

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Unethical conduct

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Nyanza

Visit

Maladministration

Min. of Lands

Within

New

Peter Karing'u

Nairobi

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Western

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

71

No

Date

Name

Province

Sex

23-Sep-09

Esther Wangui
Ndegwa
Francis Kamau
Ng'ang'a
Francis Wainaina
Njogu
Fredrick
Kithiambiru
Geoffrey Kithome
Ngewa
Godfrey Muriu
Kamau
Godwin Kamau &
Others
Harry Kitao
Stephens
Henry Shilowere
Lusuli
Hezbon Mwangi
Wambere
John A Chumbe

Central

Mode of
contact
Visit

Central

Central

Justin Nyaki
Ngure
Kimani Muhatia
M. Philip & D
Mugambi
Miwani Sugar
Nucleus Land
Nehemiah Njeru
Grishom

12
28-Sep-09
13
14-Sep-09
14
16-Sep-09
15
31-Jul-09
16
30-Sep-09
17
27-Aug-09
18
1-Sep-09
19
4-Aug-09
20
4-Aug-09
21
22

14-Jul-09
7-Jul-09

23
24

7-Aug-09
8-Jul-09

25
24-Sep-09
26
10-Sep-09
27

Nature of complaints

Public Institution

Mandate

Case status

Injustice

Min. of Lands

Within

New

Committee member
in-charge
Peter Karing'u

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Post

Delay

Min. of Lands

Within

New

Peter Karing'u

Eastern

Visit

Corruption

Min. of Lands

Within

New

Peter Karing'u

Eastern

Visit

Unethical conduct

Min. of Lands

Within

New

Peter Karing'u

Nairobi

Visit

Incompetence

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Inefficiency

Min. of Lands

Within

New

Peter Karing'u

Nairobi

Visit

Inefficiency

Min. of Lands

Within

New

Peter Karing'u

Western

Post

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

Central

Post

Inattention

Min. of Lands

Within

New

Kenneth Mwige

Nyanza

Visit

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

Eastern

Visit

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

Eastern

Post

Incompetence

Min. of Lands

Within

New

Peter Karing'u

Referral

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

Visit

Ineptitude

Min. of Lands

Within

New

Peter Karing'u

Nairobi
Eastern

72

No

Date

Name

Province

Sex

28

21-Jul-09

Oira Oira

Nyanza

Mode of
contact
Visit

29-Sep-09

Paul Ng'ang'a
King'ori
Robinson Kombe
Yeri
Samuel Munga
Ngithenji
Satima Peak
Farmers
Simon Mburu
Njabu
Tabarai Olemaito
Tampushi
United Mumwe
Association
Weni Mwangano

Central

Visit

Coast

Rift Valley

Coast

30-Sep-09

Wilfred Makori
Maeri

Nairobi

29-Sep-09

Antonina Achitsa
Mwilitsa
Benjamin M
Chahiru
Bonface Wambua
Sikuku
Catherine Ilusa
Marende
David Juma
Sisenda

29
4-Sep-09
30
13-Jul-09
31
18-Sep-09
32
24-Jul-09
33
17-Jul-09
34
13-Aug-09
35
36

22-Jul-09

37

1
19-Aug-09
2
24-Aug-09
3
28-Sep-09
4
14-Jul-09
5

Central

Nature of complaints

Public Institution

Mandate

Case status

Incompetence

Min. of Lands

Within

New

Committee member
in-charge
Peter Karing'u

Delay

Min. of Lands

Within

New

Peter Karing'u

Post

Delay

Min. of Lands

Within

New

Peter Karing'u

Visit

Misuse of office

Min. of Lands

Within

Ongoing

Peter Karing'u

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Inefficiency

Min. of Lands

Within

New

Peter Karing'u

Rift Valley

Visit

Inefficiency

Min. of Lands

Within

Ongoing

Peter Karing'u

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

Post

Inattention

Min. of Lands

Within

New

Peter Karing'u

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

Nairobi

Visit

Min. of Labour

Within

New

Peter Karing'u

Western

Visit

Inattention

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Injustice

Min. of Labour

Within

New

Nafisa Abass

Western

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

Ongoing

Nafisa Abass

Central

MINISTRY OF LABOUR
Delay

73

No

Date

Name

Province

Sex

10-Aug-09

Dominic Mutunga

Nairobi

Mode of
contact
Visit

14-Aug-09

Festus Kanga
Muhehe
Gabriel Muloli
Wambua
Harrison Gacheru
Maina 2
John Mukiti
Musyoka
John Odindo
Anakalo
Joseh Chege
Muchai
Joseph Owiti &
Others
Kennedy Tovoko
Muyekho
Kenneth M
Mutegi
Mackay
Mackenzie &
Others
Makham Patrick
Kinyanjui
Nancy Nyambura
Mwangi
Noel George
Khaaba
Onesmus Mbole
Mukungi

Western

Visit

Eastern

Central

7
14-Jul-09
8
27-Jul-09
9
29-Sep-09
10
29-Sep-09
11
28-Sep-09
12
27-Aug-09
13
29-Jul-09
14
13-Aug-09
15
6-Jul-09
16
3-Sep-09
17
20-Sep-09
18
19-Aug-09
19
23-Sep-09
20

Nature of complaints

Public Institution

Mandate

Case status

Delay

Min. of Labour

Within

Channeled

Committee member
in-charge
Nafisa Abass

Delay

Min. of Labour

Within

Channeled

Nafisa Abass

Visit

Delay

Min. of Labour

Within

Closed

Nafisa Abass

Visit

Injustice

Min. of Labour

Within

Channeled

Nafisa Abass

Eastern

Visit

Injustice

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Central

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Western

Visit

Misuse of office

Min. of Labour

Within

Channeled

Nafisa Abass

Nairobi

Visit

Misuse of office

Min. of Labour

Within

Channeled

Nafisa Abass

Nyanza

Visit

Unethical conduct

Min. of Labour

Within

Ongoing

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

New

Peter Karing'u

Nairobi

Visit

Injustice

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

Channeled

Nafisa Abass

74

No

Date

Name

Province

Sex

27-Aug-09

Patrick Kinyanjui
Makeni
Patrick Mbokoyi
& Others
Peter Maina
Ndirangu
Philip Mwangi
Macharia
Samuel Otieno
Samba
Stephen
Nyakundi
Nyamongo
Tilas Mawia
Mwasa
William
Odhiambo Ogol

Western

Mode of
contact
Visit

Nairobi

Nairobi

21
22-Sep-09
22
29-Sep-09
23
22-Sep-09
24
1-Jul-09
25
31-Aug-09
26
30-Jul-09
27
21-Aug-09
28
1-Jul-09
1
23-Jul-09
2
3

21-Aug-09
30-Sep-09

4
8-Sep-09
5
6

9-Jul-09
1-Sep-09

Nature of complaints

Public Institution

Mandate

Case status

Delay

Min. of Labour

Within

New

Committee member
in-charge
Nafisa Abass

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Central

Visit

Breach of integrity

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Unethical conduct

Min. of Labour

Within

Ongoing

Nafisa Abass

Coast

Post

Unethical conduct

Min. of Labour

Within

New

Nafisa Abass

Eastern

Visit

Injustice

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Unethical conduct

Min. of Labour

Within

Channeled

Nafisa Abass

Christina Adino
Acholla
David M.
M'mungania
Geoffrey Mutai 2

Nairobi

Post

Judiciary

Within

Ongoing

Grace Madoka

Eastern

Visit

Delay

Judiciary

Within

New

Grace Madoka

Rift Valley

Visit

Breach of integrity

Judiciary

Outside

Closed

Grace Madoka

Harrison Omwega
Mariga
Japheth Ogenda
Owour
John D Skoda

Nyanza

Visit

Inefficiency

Judiciary

Within

New

Grace Madoka

Rift Valley

Post

Delay

Judiciary

Within

New

Grace Madoka

Nairobi

Visit

Corruption

Judiciary

Within

Ongoing

Grace Madoka

John Irungu
Japhat & Others

Nairobi

Visit

Inefficiency

Judiciary

Within

New

Grace Madoka

THE JUDICIARY
Delay

75

No

Date

Name

Province

Sex

8-Sep-09

Joseph Gateri
Mutuangaru
Nicholas Muli

Central

Mode of
contact
Visit

Nairobi

Nicholas Mwangi
Muchiri
Paul Makokha
Okoiti
Peter Kariuki
Githoge
Peter Kibocha
Maina
Stephen Maina
Githaiga
Timon Elisha Kai
Onyango
Walter Oyoo

Central

Western

8
9

29-Sep-09
4-Aug-09

10
7-Sep-09
11
29-Sep-09
12
28-Sep-09
13
8-Jul-09
14
22-Sep-09
15
16

15-Sep-09
4-Sep-09

1
2

16-Sep-09
8-Sep-09

Nature of complaints

Public Institution

Mandate

Case status

Delay

Judiciary

Within

New

Committee member
in-charge
Grace Madoka

Visit

Delay

Judiciary

Within

New

Grace Madoka

Visit

Delay

Judiciary

Within

New

Grace Madoka

Visit

Delay

Judiciary

Within

New

Grace Madoka

Coast

Visit

Incompetence

Judiciary

Within

New

Grace Madoka

Central

Post

Maladministration

Judiciary

Within

New

Grace Madoka

Central

Post

Delay

Judiciary

Within

New

Grace Madoka

Nyanza

Post

Injustice

Judiciary

Within

New

Grace Madoka

Nyanza

Visit

Delay

Judiciary

Within

New

Grace Madoka

State Law Office

Within

New

Grace Madoka

Allan Odira
Akanga
Ekaran Loolel

Nyanza

Visit

STATE LAW OFFICE

Delay

Rift Valley

Post

Discourtesy

State Law Office

Within

Resolved

Grace Madoka

Nyanza

Visit

Inattention

State Law Office

Within

New

Grace Madoka

Post

Inattention

State Law Office

Within

New

Peter Karing'u

21-Aug-09

Erastus P Gomba
2
Hassan K. Ngeny
& Others
Johnstone Njuki

Nairobi

Visit

Delay

State Law Office

Within

New

Peter Karing'u

23-Jul-09

Julius Mwambi

Coast

Post

Delay

State Law Office

Within

New

Peter Karing'u

8-Jul-09

Munir Abubakar
Masoud
Peter Kimani &

Nairobi

Visit

Breach of integrity

State Law Office

Within

Advised

Peter Karing'u

Central

Visit

Inefficiency

State Law Office

Within

New

Peter Karing'u

3
22-Jul-09
4

7
8

24-Jul-09

Rift Valley

76

No

Date

Province

Sex

Mode of
contact

Nature of complaints

Public Institution

Mandate

Case status

Committee member
in-charge

Peter Muiruri
Ng'ang'a
Shashikant K
Raval
United Mumwe
Association
Robert Kamau
Gikonyo

Central

Visit

Delay

State Law Office

Within

New

Grace Madoka

Nairobi

Post

Delay

State Law Office

Within

Ongoing

Peter Karing'u

Visit

Ineptitude

State Law Office

Within

New

Grace Madoka

Nairobi

Visit

Inefficiency

State Law Office

Within

New

Peter Karing'u

Annastacia
Munzuu Mutia
Beatrice Wanjiru
Mwangi
Bonface Ojango
Rhangho
Dennis Gumbe
Osire
Ernest Reuben
Muhati
Joseph K Githio &
Others
Linety Munialo
Wechuli
Pius Baraza
Watenya
Ruth Nyangasi
Boaz
Samuel Kinyanjui
Kamau

Nairobi

Within

Advised

Grace Madoka

Central

Outside

Advised

Grace Madoka

Nyanza

Within

New

Grace Madoka

Nyanza

Within

New

Grace Madoka

Western

Within

New

Grace Madoka

Central

Within

New

Grace Madoka

Western

Within

New

Grace Madoka

Western

Within

New

Grace Madoka

Nyanza

Within

Ongoing

Grace Madoka

Rift Valley

Within

New

Grace Madoka

Name
Others

25-Sep-09
9
23-Jul-09
10
22-Jul-09
11
2-Sep-09
12
16-Jul-09
1
8-Jul-09
2
6-Aug-09
3
16-Sep-09
4
4-Aug-09
5
14-Sep-09
6
12-Aug-09
7
12-Aug-09
8
17-Jul-09
9
18-Aug-09
10

Central

ADVOCATES COMPLAINTS COMMISSION

Visit
Delay
Advocates Complaints
Commission
Post
Unethical conduct
Advocates Complaints
Commission
Post
Unethical conduct
Advocates Complaints
Commission
Visit
Delay
Advocates Complaints
Commission
Post
Delay
Advocates Complaints
Commission
Visit
Delay
Advocates Complaints
Commission
Visit
Unethical conduct
Advocates Complaints
Commission
Visit
Unethical conduct
Advocates Complaints
Commission
Visit
Breach of integrity
Advocates Complaints
Commission
Post
Unethical conduct
Advocates Complaints
Commission

77

No

Date

Name

Province

Sex

15-Jul-09

Thomas Nabutse
Okonyo

Coast

Mode of
contact
Post

4-Aug-09

Alice W Kariithi

Nairobi

Post

29-Sep-09

Herman Maringa
Jefa
James Olwande
Adhanja
John Ochieng
Odie
Josephine
Wairimu Kabea
Kagumo College
Workers
Marion Caroline
Kanuri 2
Stanley Kithinji

Coast

Visit

Nairobi

Nyanza
Central

Thomas Gathogo
Mungai
Wambua Kyengo

11
1
2
7-Sep-09
3
14-Sep-09
4
16-Jul-09
5
16-Jul-09
6
7-Aug-09
7
8

26-Aug-09
30-Sep-09

9
10
1

15-Jul-09

Public Institution

Mandate

Case status

Delay

Advocates Complaints
Commission

Within

Referred

Committee member
in-charge
Grace Madoka

Min. of Education

Within

New

Nafisa Abass

Delay

Min. of Education

Within

New

Nafisa Abass

E-mail

Discourtesy

Min. of Education

Within

New

Nafisa Abass

Visit

Injustice

Min. of Education

Within

New

Nafisa Abass

Visit

Delay

Min. of Education

Within

New

Nafisa Abass

Visit

Delay

Min. of Education

Within

Ongoing

Nafisa Abass

Central

MINISTRY OF EDUCATION
Delay

Central

Visit

Unethical conduct

Min. of Education

Within

New

Nafisa Abass

Eastern

Visit

Unethical conduct

Min. of Education

Within

New

Nafisa Abass

Central

Visit

Delay

Min. of Education

Within

New

Nafisa Abass

Eastern

Visit

Misuse of office

Min. of Education

Within

New

Nafisa Abass

Within

New

Nafisa Abass

3-Aug-09

Abil Mukhwana

Western

TEACHERS SERVICE COMMISSION

Post
Delay
TSC

8-Jul-09

Alice Wanjiku
Mbatia
Eliud Milimu
Mashati
Joel Nzioka
Muikeku
Kamau Methu

Nairobi

Post

Injustice

TSC

Within

Advised

Nafisa Abass

Rift Valley

Post

Incompetence

TSC

Outside

Closed

Nafisa Abass

Eastern

Visit

Injustice

TSC

Within

New

Nafisa Abass

Central

Visit

Delay

TSC

Within

New

Nafisa Abass

2
7-Jul-09
3
28-Sep-09
4
5

Nature of complaints

8-Sep-09

78

No

Province

Sex

Mode of
contact

Nature of complaints

Public Institution

Mandate

Case status

Committee member
in-charge

Mactilda
Amuhaya
Mark Fredrick
Kisika
Martha Njoki
Kariuki
Simon Mwangi

Western

Visit

Injustice

TSC

Within

New

Nafisa Abass

Western

Visit

Injustice

TSC

Within

New

Nafisa Abass

Central

Visit

Delay

TSC

Within

New

Nafisa Abass

Nairobi

Post

Injustice

TSC

Within

New

Nafisa Abass

Douglas G
Mwangi
Edith Muringo
Njeru
Faith Nkirote
Mutea
Joseph Nzioka
Uswii Kalobia
Josphat Maina
Muchiri
Lucia Njeri
Mwaniki
Peter Wa Ndula

Nairobi

Visit

Pensions Department

Within

New

Peter Karing'u

Central

Post

Delay

Pensions Department

Within

New

Peter Karing'u

Eastern

Visit

Delay

Pensions Department

Within

New

Peter Karing'u

Eastern

Post

Delay

Pensions Department

Within

Ongoing

Peter Karing'u

Central

Visit

Delay

Pensions Department

Within

New

Peter Karing'u

Rift Valley

Post

Delay

Pensions Department

Within

Ongoing

Peter Karing'u

Western

Post

Injustice

Pensions Department

Within

Advised

Amb. Simani

17-Jul-09

Rusalia
Adhiambo Odiero

Nyanza

Post

Unethical conduct

Pensions Department

Within

Advised

Peter Karing'u

30-Jul-09

Abraham Kipkorir
Limo
Ahmed Omar
Mamo

Rift Valley

MINISTRY OF LOCAL GOVERNMENT

Visit
Injustice
Min. of Local Govt.

Within

New

Peter Karing'u

NEP

Visit

Within

New

Peter Karing'u

Date

Name
Muhammad 2

29-Sep-09
6
25-Sep-09
7
19-Aug-09
8
9

25-Sep-09
19-Aug-09

1
11-Aug-09
2
14-Jul-09
3
22-Jul-09
4
9-Jul-09
5
19-Aug-09
6
7

9-Jul-09

1
29-Sep-09
2

PENSIONS DEPARTMENT
Delay

Misuse of office

79

Min. of Local Govt.

No

Date

Name

Province

Sex

17-Sep-09

Hassan Barisa
Kalime
Jacinta Wambui
Gakuo
David Wanjau
Mwangi
Zaitun Jepkorir

Coast

Mode of
contact
Visit

Nairobi

Rift Valley

28-Sep-09

William Rosano
Masese

11-Aug-09

Albert Mwaniki
Kinyugo
Mary M Sisenda

Eastern

Phoeby Anyango
Ouma
Robert Ikumu
Chege
Wellingstone
Mwasaha Kiti
Daniel Kitavi
Muinde

Nyanza

3
2-Sep-09
4
7-Jul-09
5
6

13-Jul-09

1
22-Jul-09

Nature of complaints

Public Institution

Mandate

Case status

Delay

Min. of Local Govt.

Within

New

Committee member
in-charge
Peter Karing'u

Visit

Misuse of office

Min. of Local Govt.

Within

New

Peter Karing'u

Visit

Misuse of office

Min. of Local Govt

Within

Ongoing

Peter Karing'u

Rift Valley

Post

Misuse of office

Min. of Local Govt

Within

New

Peter Karing'u

Nyanza

Visit

Maladministration

Min. of Local Gov.

Within

New

Peter Karing'u

Within

New

Nafisa Abass

Within

Resolved

Peter Karing'u

Within

New

Nafisa Abass

Within

Ongoing

Nafisa Abass

Within

New

Nafisa Abass

Within

New

Nafisa Abass

MINISTRY OF STATE FOR PLANNING, NATIONAL DEVELOPMENT AND VISION 2030

Central
M
Visit
Injustice
Min. of Planning
Within

New

Peter Karing'u

Eastern

Visit

Maladministration

Min. of Planning

Within

New

Peter Karing'u

Western

Post

Corruption

Min. of Planning

Within

New

Peter Karing'u

Rift Valley

Post

Misuse of office

Min. of Planning

Within

Resolved

Peter Karing'u

Nairobi

2
7-Sep-09
3
7-Jul-09
4
30-Jul-09
5
10-Sep-09
6
13-Jul-09

4-Aug-09

John Gathiaga
Jeremiah
Leonard K.
Kitomu
Mohamed Mutiti

13-Jul-09

Philip K A Too 2

1
22-Jul-09
2

Central
Coast
Eastern

MINISTRY OF COOPERATIVE DEVELOPMENT AND MARKETING

M
Post
Unethical conduct
Min. of Cooperative
Devt.
F
Post
Delay
Min. of Cooperative
Devt.
F
Post
Delay
Min. of Cooperative
Devt.
M
Post
Delay
Min. of Cooperative
Devt.
M
Post
Delay
Min. of Cooperative
Devt.
M
Visit
Unethical conduct
Min. of Cooperative

80

No

Date

Name

Province

Sex

28-Jul-09

Pius Omollo
Ouma
Timothy Ayieko
Olingo

Nairobi

Mode of
contact
Visit

Nairobi

Visit

Francis Tochi
O'Maranda
John Mwangi
Mwai
Kamunyoge
Gatwrao Squatters
Mwaniki Anne
Gathigia
Osborne
Nyakundi Bosire
Sarah Wacera
Mwangi

Nairobi

Visit

Nairobi

Visit

Bernard Mulwa
Musyoka
loregae E
Lawrence
Ndula James
Stone
Samwel Muriuki
Kirera
Suleiman
Mohamed

5
30-Jul-09
6
11-Sep-09
1
21-Jul-09
2
13-Aug-09
3
30-Sep-09
4
26-Aug-09
5
6-Aug-09
6
1-Jul-09
1
28-Sep-09
2
9-Jul-09
3
24-Sep-09
4
28-Sep-09
5

Nairobi

Nature of complaints

Public Institution

Mandate

Case status

Unethical conduct

Min. of Planning

Within

New

Committee member
in-charge
Peter Karing'u

Corruption

Min. of Planning

Within

New

Peter Karing'u

Nairobi City Council

Within

New

Peter Karing'u

Unethical conduct

Nairobi City Council

Within

New

Peter Karing'u

Post

Corruption

Nairobi City Council

Within

New

Peter Karing'u

NAIROBI CITY COUNCIL

Misuse of office

Nairobi

Visit

Misuse of office

Nairobi City Council

Within

New

Peter Karing'u

Nairobi

Visit

Breach of integrity

Nairobi City Council

Within

New

Peter Karing'u

Nairobi

Visit

Injustice

Nairobi City Council

Within

New

Peter Karing'u

Nairobi

MINISTRY OF STATE FOR DEFENCE

Post
Delay
Min. of Defence

Within

Ongoing

Amb. Simani

Rift Valley

Visit

Injustice

Min. of Defence

Within

New

Amb. Simani

Western

Post

Injustice

Min. of Defence

Within

Ongoing

Amb. Simani

Eastern

Visit

Delay

Min. of Defence

Within

New

Amb. Simani

Coast

Visit

Injustice

Min. of Defence

Within

New

Amb. Simani

MINISTRY OF MEDICAL SERVICES

81

No

Date

Name

Province

Sex

22-Sep-09

Boaz Ingasia
Indeje
Eustage Ndumia
Kamunya
Evans Jumah
Adiedo
Oscar N O Oyoko

Western

Mode of
contact
Visit

Central

Visit

Incompetence

Rift Valley

Visit

Delay

Nyanza

Post

Delay

1-Sep-09

Risper Sakwa
Joseph

Western

Visit

Breach of integrity

21-Aug-09

Ahmed Somow
Ahmed 2
Josphat Mburu
Thiongo 2
Michael Ogondi
Msewe
Raphael Mutunga
Nzioki
Rose Mwerechi
Ambei

NEP

Post

MINISTRY OF ROADS
Misbehavior

Nairobi

Visit

Nairobi

Eastern
Western

Nairobi

Nairobi

1
30-Sep-09
2
23-Sep-09
3
26-Aug-09

Nature of complaints

Public Institution

Mandate

Case status

Delay

Min. of Medical
Services
Min. of Medical
Services
Min. of Medical
Services
Min. of Medical
Services
Min. of Medical
Services

Within

New

Committee member
in-charge
Grace Madoka

Within

New

Nafisa Abass

Within

New

Nafisa Abass

Within

New

Grace Madoka

Within

New

Grace Madoka

Min. of Roads

Within

New

Peter Karing'u

Delay

Min. of Roads

Within

New

Peter Karing'u

Visit

Injustice

Min. of Roads

Within

Ongoing

Nafisa Abass

Visit

Inattention

Min. of Roads

Within

New

Peter Karing'u

Visit

Injustice

Min. of Roads

Within

Ongoing

Amb. Simani

Within

Ongoing

Grace Madoka

4
5

1
14-Aug-09
2
6-Jul-09
3
22-Jul-09
4
17-Aug-09
5
20-Jul-09

21-Jul-09

Consolata
Khavetsa
Ezekiel Kamau
Kimani
Pascal M. Kiama

28-Jul-09

TAK Karogocho

1
7-Aug-09
2

MINISTRY OF GENDER,CHILDREN AND SOCIAL DEVELOPMENT

F
Visit
Unethical conduct
Min. of Gender

Central

Visit

Injustice

Min. of Gender

Within

New

Nafisa Abass

Eastern

Visit

Misbehavior

Min. of Gender

Within

New

Nafisa Abass

Post

Maladministration

Min. of Gender

Within

New

Nafisa Abass

KENYA RAILWAYS CORPORATION

82

No

Date

Name

Province

Sex

4-Aug-09

Anne Nyangasi
Ndakala
Flora Nasimiyu
Ingutia
Joseph Kamonjo
Mwangi

Western

Mode of
contact
Post

Western

Post

Delay

Central

Visit

Inattention

Alexander Kasina
Mukala
Evanson Gachoka
Kamau
Peter Munyao
Muange

Eastern

Central

Visit

Delay

Eastern

Visit

Injustice

11-Aug-09

Ishmael A Misire

Nyanza

Post

8-Sep-09

Kamau Methu
Muhammad
Paul Makokha
Okoiti

Central

Visit

Western

Visit

Francis Njuki
Gatugo
Harrison Gacheru
Maina
Kiptuget &
Kamara Forest
Association

Rift Valley

Central

David Nyabuti

Nyanza

1
4-Aug-09
2
20-Jul-09
3
29-Sep-09
1
29-Sep-09
2
8-Sep-09
3
1
2
14-Aug-09
3
13-Aug-09
1
27-Jul-09
2
22-Jul-09
3
1

21-Aug-09

Rift Valley

Nature of complaints

Public Institution

Mandate

Case status

Delay

Kenya Railways
Corporation
Kenya Railways
Corporation
Kenya Railways
Corporation

Within

New

Committee member
in-charge
Peter Karing'u

Within

New

Peter Karing'u

Within

New

Peter Karing'u

Within

New

Grace Madoka

KPLCo. Ltd

Within

New

Grace Madoka

KPLCo. Ltd

Within

New

Grace Madoka

KRA

Within

New

Nafisa Abass

Delay

KRA

Within

New

Nafisa Abass

Injustice

KRA

Within

New

Nafisa Abass

Within

New

Nafisa Abass

KENYA POWER & LIGHTING COMPANY LIMITED

Visit
Injustice
KPLCo.Ltd

KENYA REVENUE AUTHORITY

Delay

MINISTRY OF FORESTRY AND WILDLIFE

Visit
Delay
Min. of Wildlife
Visit

Delay

Min. of Forestry

Within

New

Nafisa Abass

Post

Misuse of office

Min. of Forestry

Within

Closed

Nafisa Abass

Within

New

Grace Madoka

MINISTRY OF YOUTH AFFAIRS AND SPORTS

Visit
Maladministration
Min. of Youth

83

No

Province

Sex

Mode of
contact

Nature of complaints

Public Institution

Mandate

Case status

Committee member
in-charge

Mercy Wanjiru
Kuria
Michael Orenge
Nyagaka

Central

Visit

Misuse of office

Min. of Youth

Within

New

Grace Madoka

Nyanza

Visit

Maladministration

Min. of Youth

Within

New

Grace Madoka

Daniel Chris
Amolo
James Kamuyu
Mwai

Nyanza

Within

New

Grace Madoka

Central

Within

New

Grace Madoka

Daniel Kithuka
Telela
Zachariah G G
Duko

Eastern

Within

New

Grace Madoka

Coast

Visit

KENGEN

Within

New

Grace Madoka

28-Aug-09

Edward Obwocha

Nairobi

Visit

Min. of Agriculture

Within

New

Nafisa Abass

3-Aug-09

Richeal Nasimiyu
Kwoma

Rift Valley

Visit

Min. of Agriculture

Within

New

Nafisa Abass

29-Sep-09

Lilian Sungu
Odongo
Mbuti Stephen
Kingoo

Western

Visit

Min. of Finance

Within

New

Peter Karing'u

Nairobi

Visit

Min. of Finance

Within

Ongoing

Grace Madoka

11-Aug-09

Irene Njeri Njue

Central

Within

New

Nafisa Abass

3-Sep-09

Kenya Marine
Fisheries Research
Inst. Staff

Coast

Within

New

Nafisa Abass

Date

Name
Nyabende

30-Sep-09
2
21-Aug-09
3
24-Jul-09
1
30-Sep-09
2
24-Jul-09
1
29-Sep-09
2
1
2

1
28-Jul-09
2
1

KENYA MEDICAL RESEARCH INSTITUTE

Visit
Misuse of office
KEMRI
Visit

Delay

KEMRI

KENYA ELECTRICITY GENERATING COMPLANY LIMITED

M
Visit
Injustice
KENGEN
Injustice
MINISTRY OF AGRICULTURE
Injustice
Misuse of office
MINISTRY OF FINANCE
Delay
Misuse of office

MINISTRY OF FISHERIES DEVELOPMENT

Post
Unethical conduct
Min. of Fisheries
Post

Injustice

84

Min. of Fisheries

No

Within

New

Nafisa Abass

Within

New

Nafisa Abass

Within

New

Nafisa Abass

Within

New

Nafisa Abass

Within

New

Nafisa Abass

Within

New

Nafisa Abass

INTERIM INDEPENDENT ELECTORAL COMMISSION

M
Visit
Injustice
IIEC

Within

New

Grace Madoka

KENYA AGRICULTURAL RESEARCH INSTITUTE

Visit
Injustice
KARI

Within

New

Nafisa Abass

Visit

KENYA PRISONS
Delay

Kenya Prisons

Within

New

Nafisa Abass

Visit

KENYA PIPELINE COMPANY

Injustice

Kenya Pipeline

Within

New

Peter Karing'u

KENYA WINE AGENCIES LIMITED

Visit
Injustice
Kenya Wine Agencies
Ltd

Within

New

Peter Karing'u

18-Aug-09

Ali Abdiirahman
Haji
Mary Eunice W
Regero

NEP
Central

Albert Mmumata
Mugone
Esther Maguta

Western

Nairobi

Bernard Saulo
Nzeki
Stephen Kuria
Kiarie

Eastern

Nairobi

30-Jul-09

Duncan Nyumbah

Nyanza

13-Jul-09

Anthony Omondi
Olumasai

Nairobi

3-Aug-09

Agnes Wairimu
Goko

Central

27-Aug-09

Johnson Kibor
Korir

Rift Valley

25-Sep-09

John Otieno
Awinja

Nyanza

31-Aug-09

29-Sep-09
1
9-Sep-09
1-Sep-09
1
26-Aug-09
2

Committee member
in-charge

Province

Case status

Name

Mandate

Date

Sex

Mode of
contact

Nature of complaints

Public Institution

MINISTRY OF STATE FOR IMMIGRATION AND REGISTRATION OF PERSONS

M
Visit
Delay
Min. of Immigration
Visit

Delay

Min. of Immigration

MINISTRY OF WATER AND IRRIGATION

Visit
Delay
Min. of Water
Visit

Inefficiency

Min. of Water

PUBLIC SERVICE COMMISSION

Visit
Injustice
Public Service
Commission
Post
Delay
Public Service
Commission

85

Date

Name

Province

Sex

Mode of
contact

30-Sep-09

George Ondiru
Mose

Nairobi

Visit

7-Sep-09

Dr. Enock Osoro

Kinara

Nairobi

24-Sep-09

Mohamed Ali
Motha

Nairobi

29-Sep-09

S. M. Githundi

Nairobi

Visit

MINISTRY OF PUBLIC WORKS

Delay

1-Jul-09

David Njoroge

Rift Valley

Post

MINISTRY OF TRANSPORT
Ineptitude

13-Jul-09

Tom Majanja
Shivachi

Western

13-Aug-09

Norah Kavutha
Musyoka

Nairobi

25-Sep-09

Martine Tome

Rift Valley

30-Sep-09

Thomas Icharia
Chege

13-Jul-09

Mary Kanyi
Mutuku

No

Public Institution

Mandate

Case status

Committee member
in-charge

Kenyatta University

Within

New

Nafisa Abass

MINISTRY OF INFORMATION AND COMMUNICATIONS

M
Visit
Injustice
Min. of Information

Within

New

Nafisa Abass

Within

New

Peter Karing'u

Min. of Public Works

Within

New

Peter Karing'u

Min. of Transport

Within

Ongoing

Peter Karing'u

Within

Ongoing

Grace Madoka

NATIONAL SOCIAL SECURITY FUND

Post
NSSF

Within

New

Peter Karing'u

POSTAL CORPORATION OF KENYA

Visit
Unethical conduct
Posta

Within

Advised

Nafisa Abass

Central

Visit

Within

New

Nafisa Abass

Central

INDIVIDUAL OFFICER COMPLAINT

Visit
Unethical conduct
Private( Hon. Mutula
Kilonzo)

Within

Closed

Amb. Simani

1
1

Nature of complaints

KENYATTA UNIVERSITY
Injustice

MINISTRY OF LIVESTOCK DEVELOPMENT

Visit
Misuse of office
Min. of Livestock Devt.

NATIONAL ANTI-CORRUPTION STEERING COMMITTEE

M
Visit
Delay
National Anti
Corruption Steering
Committee

TELKOM KENYA LIMITED

Injustice

86

Telkom Kenya

87