The Second Quarterly Report

For the
Year 2009/2010
Covering the Period
1st October 2009
To
31st December 2009

TABLE OF CONTENTS
CHAPTER ONE.................................................................................................................... 6
1

INTRODUCTION............................................................................................. 6
1.1

Mandate of the PCSC .......................................................................................... 6

1.2

Jurisdiction of the PCSC ..................................................................................... 7

1.4

Outcomes Sought by the PCSC ......................................................................... 9

CHAPTER TWO ................................................................................................................. 10

2.0

COMPLAINTS AND ENQUIRIES.............................................................. 10

2.1

Lodging a Complaint ........................................................................................ 10

2.2

When should a Complaint be lodged with the PCSC .................................. 11

2.3

The Complaints-handling Process .................................................................. 11

2.4

Summaries of Complaints Received and Measures Taken ......................... 13

2.4.6

Complaints where PCSC Initiated Further Inquiries ................................... 18

2.5

Oversight Mandate of PCSC ............................................................................ 18

2.6

Non-Responsive Government Institutions .................................................... 22

CHAPTER THREE ............................................................................................................. 25

3.0

STATISTICAL ANALYSIS ........................................................................... 25

3.1

Complaints Received ........................................................................................ 25

3.2

Classification of Complaints Received in the Quarter by Mandate ........... 27

3.3

Analysis According to Action Taken by PCSC ............................................. 28

3.4

Analysis Based on Categories of Complaints ................................................ 29

3.5

Analysis Based on Ministries and Public Sector Institutions ...................... 33

3.6

Analysis of Complaints Based on Provinces. ................................................ 37

3.7

Analysis by Mode of Lodging Complaint ..................................................... 39

3.8

Analysis by Gender ........................................................................................... 40

3.9

Monthly Analysis of Complaints in the Quarter ......................................... 41

3.10

Comparative Analysis by Quarters ................................................................ 43

CHAPTER FOUR ............................................................................................................... 44

4.0

ADVOCACY, OUTREACH & MEDIA ACTIVITIES.............................. 44

4.1

Advocacy and Outreach ................................. Error! Bookmark not defined.

4.2

Establishing an Effective Online Presence ... Error! Bookmark not defined.

4.3

Maximising on Media Opportunities to Increase AwarenessError! Bookmark no

4.4

Information Literature .................................... Error! Bookmark not defined.

5.0

RECOMMENDATIONS................................................................................ 46

5.2

Recommendations made in the current Quarter .......................................... 53

5.3

Recommendations made in Previous Quarters ............................................ 53

ANNEX

60

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.

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.

1.4

Outcomes Sought by the PCSC

The outcomes sought are:

Enhanced public confidence in a responsive and fair public sector, where public
institutions can be held to account for their actions or omissions;
Improved public services and informed public policy;
A culture of openness in Kenyan public authorities that improves public
confidence which enables appropriate participation in policy making; and
Public awareness that people who have concerns about maladministration can
turn to the PCSC for advice or action on their concerns.

CHAPTER TWO
2.0

COMPLAINTS AND ENQUIRIES

The overall role of the PCSCs is one of addressing public Complaints about public
sector administration, and looking more widely at systemic issues which militate
against good service delivery. It is also one of promoting transparency in the public
sector and ensuring that citizens receive good quality services.
The role of the PCSC is therefore to impartially investigate these Complaints to
determine whether public agencies have acted fairly and reasonably, and whether
their actions and decisions were consistent with relevant legislation, policies and
procedures. PCSC services are provided free of charge.
2.1

Lodging a Complaint

Complaints can be lodged with the PCSC in the following ways:

Online by filling in the Complaint Form PCSC Form 1 online;

By telephone;
By e-mailing your complaint to the PCSC; or
By personal visits to PCSC offices or contacting PCSC staff during regional
visits.

All Complaints must be lodged through a Complaints Form - PCSC Form 1. For the
PCSC to initiate inquiries it usually is required that the identity of the Complainant
is known and that the broad outline of the Complaint subject is clear enough. A
Complainant is required to provide the following information;
(a)
(b)
(c)
(d)
(e)
(f)

Complainants name and contact information.

The Public institution or officer complained against.
A Summary of the complaint.
A Statement on exhaustion of other available remedies.
The action expected from the PCSC.
Copies of relevant documentation to support the complaint.

10

2.2

When should a Complaint be lodged with the PCSC

Whenever possible, Complainants should first try to resolve their Complaints

directly with the public agency involved before approaching the PCSC. All public
agencies have in their service charters redress mechanisms or an internal process for
handling Complaints. If a Complainant has tried resolving the Complaint and still
feel dissatisfied, then the PCSC may be contacted for assistance.
2.3

The Complaints-handling Process

The PCSC receives most Complaints through personal visits. In such cases, the
Complaint is assessed directly by a member of PCSC intake team and the
Complainant advised of the possible course (s) of action by the PCSC. If a
Complaint is received through postal mail, or sent by e-mail the Complaint is
assessed for admissibility, the PCSC may contact the Complainant for more
information.
Once a Complaint is assessed and determined to be within the PCSC mandate and
admissible, the complaint is assigned to an action officer.
If the PCSC decides not to admit a Complaint, the Complainant will be advised as
such and where possible directed to an appropriate Government agency best suited
to assist.
Once a Complaint is assigned to an action officer, the PCSC initiates inquiries with
the public agency concerned and notify the Complainant of the action taken. If it
appears that an instance of maladministration has occurred for example, a delay
in discharging a service the alleged wrong is sometimes corrected through a
balanced and inclusive response to the Complaint by the public agency. The public
agency may respond and take actions to correct the matter. The PCSC may decide at
this point to close the file, or may where necessary write to the public agency on any
systemic issues identified.

11

Most Complaints, however, require further inquiries For example, if the initial
inquiry does not draw out enough information to allow the PCSC to decide that an
instance of maladministration has not occurred, and if communication with the
public agency has not resulted in what the PCSC would consider an adequate
response to the concerns raised, the PCSC will conduct further inquiries.
If the response received from the public agency suggests an instance of
maladministration and if the public agency does not agree that this is the case and
take appropriate action to correct the maladministration, PCSC will make a decision
on how to proceed. This decision may include one or more of the following:

Further consultation with the public agency, mainly in the form of open
dialogue between the agency and the complainant;

PCSC issuing advisory opinions and recommendations to the public

agency on the measures that should be taken to resolve the Complaint;

PCSC publishing the Complaint in the Quarterly Report with a

recommendation on appropriate action that should be taken by the
public agency;

Once an inquiry is underway, public agencies are often prepared to resolve the
Complaint. Often many other people are helped when a public agency improves its
service delivery and practices, not just the individual Complainant who made the
Complaint. On the other hand, in some cases we make findings that no
maladministration has occurred and that the Complaint is not substantiated.
Some Complaints can be resolved swiftly and effectively with without a formal
inquiry. Such kinds of Complaints include:

Concerns of unreasonable delay or service

Unjustified denial of access into a public agency
Lack of information

Although the swift resolution of matters is highly beneficial at an individual level,

we are aware that this has the potential to make problems to remain below the

12

radar at Chief Executive level. For this reason, the PCSC prepares advisory opinions
or proposals to the Permanent Secretaries and Chief Executives of public agencies
when a number of similar types of complaints.
2.4

Summaries of 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.
Allegations of Injustice Denial of Death Gratuity
A Complaint was lodged against the Ministry of State for Defence alleging wrongful
payment of death gratuity. The Complainant alleged that the recipient of the death gratuity
who was paid by the Ministry had forged the requisite documents. The Complainant was
advised that forgery of documents was criminal matter which should be handled by the
Police. The Complainant was therefore advised to report the matter to the Police.
Unethical Conduct by an Advocate
The Complainant, a General Secretary General of a Trade Union lodged a Complaint
alleging that an advocate was purporting to represent the Union without instructions from
the Union. PCSC noted that the advocate was not a public officer, the Complainant was
therefore advised to lodge the Complaint with the Advocates Complaints Commission.
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, only then contact
the PCSC. The rationale is to give the public institution concerned an opportunity to
address the complaint since PCSC is a committee of last resort.

13

Injustice Allegations of Placement on Wrong Terms of Service

The Complainant alleged injustice by KEVEVAPI on account of being placed on the wrong
Job Group and that his salary had not been reviewed over the years. However, upon perusal
of the documents availed by the Complainant, PCSC noted that a task force had been set up
by KEVEVAPI to look into the issues of irregularities in staff Job Groups and terms of
service. PCSC therefore advised the Complainant to await the outcome of the task force and
if dissatisfied, then he should approach the PCSC.

2.4.2

Complaints Determined to be Without Merit

Kenya Gazette Notice 5826 of June 29th 2007, gives PCSC discretion to ascertain
whether on 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 warrant further inquiry by PCSC and were therefore
closed and the Complainants advised accordingly.
Injustice - Allegations of Unfair Dismissal
The Complainant alleged that his dismissal from the Police Force was unfair because the
accusations leveled against him were false. He stated that the police failed to conduct
investigations into the accusations prior to the dismissal. The Complainant further stated
that he wanted the police to conduct fresh investigations into the accusations. However,
upon perusal of his supporting documents, PCSC noted that he had pleaded guilty to the
accusations. PCSC therefore advised him that the Complaint lacked merit since he had
earlier on entered a plea of guilt.
2.4.3 Early Resolution Complaints
During the Quarter, PCSC intake staff resolved a number of Complaints without
having to conduct formal inquiries. This involved mainly telephone contact with
the public institution concerned at the point of intake.
Delay
A number of Complaints were received against the National Housing and Census Board.
The Complainants alleged unnecessary delay in payment of their contractual dues following
the August 2009 census. In these instances PCSC contacted the District Statistical Officers
in the respective Districts where the Complainants had worked census staff. The District

14

Statistical Officers undertook to ensure that the payments were made by certain dates.
Subsequently, the Complainants confirmed that their dues were paid.
Delay
The Complainants who had taken part in the Kazi kwa Vijana initiative alleged that they had
been contracted by the Ministry of Environment and Natural Resources to plant trees.
However, the Ministry had delayed and or failed to remit payments to the Complainants.
PCSC contacted the Permanent Secretary in the Ministry of Environment and Natural
Resources. The Ministry clarified that monies meant to pay the Complainants had not been
released from Treasury. The Ministry undertook to remit the payments as soon as the
monies were received. The Complainants later confirmed that they had been paid.
2.4.4

Complaints Resolved by the Public Institutions Concerned

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.
Unfair Dismissal
The Complainants alleged unfair and unprocedural dismissal from the Kenya Medical
Training Centre (KMTC), Nakuru. The particular allegations of unfairness and
improcedurality were that the Complainants were not given an opportunity to be heard as
required by the Service Commissions Act (Cap 185). The Complainants stated that they
wanted to be reinstated back in the service or paid their PCSC initiated inquiries with
KMTC regarding the allegations of unprocedural dismissal. KMTC reviewed the cases of the
Complainants and reinstated them. The Complainants confirmed to the PCSC that they had
been reinstated. PCSC considered this Complaint as satisfactorily resolved.
Unprocedural Dismissal
In June 2008, the Complainant lodged a Complaint alleging that his dismissal by the Nyayo
Tea Zones Development Corporation (NTZDC) was unprocedural. The Complainant
alleged that he was placed on compulsory leave in February 2002 and consequently
dismissed in August 2007. The NTZDC policy states that all disciplinary cases must be
concluded within a period of four (4) months. The Complainant argued that this lengthy
delay in concluded his case constituted a contradiction Corporation policy hence rendering

15

his dismissal unprocedural. Further the Complainant alleged that senior auditors had
exonerated him of any wrongdoing. PCSC observed that there was an instance of
maladministration in the Complaint and initiated inquiries with the NTZDC in June 2008.
After lengthy consultations with NTZDC, the Complainant was reinstated in November
2009. PCSC considered the Complaint satisfactorily resolved and also recommended that
NTZDC should review its disciplinary procedures to avoid recurrence of similar
Complaints.
Abuse of Office/ Breach of Integrity by a Public Officer (Chief)
The Complainant contacted the PCSC alleging abuse of office by the local area chief. The
particular allegations of abuse of office were that the chief was using his administrative
powers to harass the Complainant to the extent of issuing death threats, interfering with the
Complainants quarry and selling land allocated for private use. PCSC considered that the
allegations raised constituted abuse of office and breach of integrity by a public officer.
PCSC therefore initiated inquiries with the Ministry of State for Provincial
Administration and Internal Security. The Ministry conducted investigations into the
allegations and later informed the PCSC that the Chief had been interdicted for abuse of
office and that the area District Officer had been directed to take up the issue of the illegal
land allocations. The Complaint was therefore considered satisfactorily resolved.
Inordinate Delay in Hearing a Court Case
A Complaint was lodged with the PCSC in February 2009 alleging to inordinate delay in
hearing of a court case at the Meru High Court. The Complainant stated that the case had
been filed at the Meru High Court in 1997 and despite the case being listed for hearing over
the years it had never been heard due to unavailability of the judge or adjournments from the
defendants. PCSC considered that the Complaint constituted inordinate delay by the
Judiciary. PCSC initiated inquiries with the Judiciary. Subsequently, the Judiciary advised
that the Complainant and/or his advocate should move the court appropriately. In October
2009, the Complainant confirmed to the PCSC that the case had been heard and judgment
entered. The Complaint was closed as satisfactorily resolved.

16

2.4.5

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.
Delay and Inefficiency in Performance of Public Duties
The Complainant alleged delay and inefficiency by the District Commissioner (D.C) in
regard to performance of public duties. In particular, the Complainant alleged that the D.C
had failed and or declined to certify documents submitted to him by her to facilitate
processing of her late husbands pension. PCSC initiated inquiries with the Ministry of
State for Provincial Administration and Internal Security. The Ministry clarified that
the District Officer had declined to sign the forms because the Complainant had failed to
produce the original death certificate for certification of the copies. Further the Ministry
stated that there was a dispute as the Complainants husband had more than one wife. The
Ministry explained that the family dispute had been sorted out and the forms endorsed by
the area District Officer. The Complainant confirmed the same. The PSCS opined that there
was no instance of maladministration but instead there was lack of clear understanding of
the procedures and policies on the part of the Complainant.
Abuse of Office by a Public Officer
The Complainant he applied and was offered a plot of land by the Director of Land
Adjudication and Settlement in 2002. Later when the Complainant applied for a title deed he
was informed by the District Commissioner that the land was earmarked for a polytechnic
and that the Director of Land Adjudication and Settlement had no authority to allocate the
land. However, the Complainant alleged that the land had been allocated to twenty (20)
other persons and that the area chief had assaulted the Complainant when he (the
Complainant) protested against the allocations. PCSC initiated inquiries with the Ministry
of State for Provincial Administration and Internal Security and the Ministry of
Lands. The Ministry of Provincial Administration and Internal Security explained that the
land in question is public utility land and the same was only mistakenly allocated to the
Complainant when he (the Complainant) misadvised the Director off Land Adjudication and
Settlement. Further, during their investigations, the Ministry of Internal Security
discovered that the Complainant had earlier on been allocated another plot of land which he

17

sold. PCSC therefore considered that there was no instance of maladministration in the
Complaint and closed it.
2.4.6 Complaints where PCSC Initiated Further Inquiries
Some responses to PCSCs inquiries were either not satisfactory or only 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.
Inattention by a Public Officer
A Complaint was lodged against the Registrar of the Kenya Polytechnic University College
(University College) alleging refusal by the Registrar to issue a reference letter to enable the
Complainant enroll for a Graduate Programme in a University abroad. The Complainant
stated that the Registrar did not give reasons for the refusal. PCSC initiated inquiries with
the Ministry of Higher Education, Science and Technology. The Ministry responded to
PCSC inquiries explaining that the reference letter was denied because the Complainant had
been referred in one of the subjects studied at the University College and also that the
Complainant failed to provide a leaving clearance certificate. The Complainant asserted that
he was never issued with a clearance certificate. PCSC opined that since the University
College had records relating to the Complainant then it was possible for the College to issue
the reference letter to the Complainant. PCSC has initiated further inquiries with the
University College imploring the College to issue the reference letter on the basis on the
records in their custody.
2.5

Oversight Mandate of PCSC

The oversight function of the PCSC is to safeguard the interests of citizens by

ensuring just and fair exercise of administrative power, discovering instances of
maladministration in individual Complaints and eliminating defects in public
administration.
Resolving an individual Complaint is not the final step in complaints-handling.
Individual Complaints often point to a systemic problem in the public agency an
administrative defect that has been detected in other Complaints or that could be
repeated. PCSC therefore ensures that Complaint issues and trends analyzed

18

HU8Ubrought to the attention of Permanent Secretaries or the Chief Executives of

the public institutions concerned. In the Quarter the following was done to this end.
2.5.1

Update on Issues Raised in the Last Quarter

i. Ministry of Labour and Human Resources Development

Following PCSCs last Quarter recommendations that the Ministry of Labour and
Human Resources Development should review its policies and procedures to
effectively and efficiently handle public Complaints, the PCSC held further
meetings with the Ministry. It was generally agreed that the Ministry and the PCSC
should develop a two tier system in the handling of Complaints. This has since been
implemented and it is hoped that it will significantly improve efficiency.
ii
Public Institutions advising Complaints to Seek Legal Redress
As pointed out in the last Quarter, PCSC notes that there are still instances of public
institutions declining to qualitatively address PCSC inquiries and instead advising
that the Complainants should seek legal redress. The PCSC implores on the public
institutions to accustom themselves with the mandate of the PCSC to better
understand the purpose and gist of PCSC inquiries. In addition, the PCSC in its
advocacy activities will continue to educate public officers and public institutions
on the role of the office.
iii
Performance Contracting 6th Cycle
In the Quarter, PCSC developed a uniform and standard mechanism to for use
across all public sector agencies for implementation of the 2009/10 Performance
Contracting Guidelines requiring all public institutions to liaise with the PCSC for
resolution of public Complaints.
Under this mechanism, public institutions will be assessed and certified on the
following parameters:
i. Establishment or existence of an internal Complaints-handling infrastructure;
ii. Timely and substantive responses to PCSC inquiries; and

19

iii. Submission of Quarterly reports to the PCSC on complaints received and

measures taken to resolve them.
During the Quarter, the PCSC held consultations and meetings with a number of
public institutions to explain the PCSC Performance Contracting Guidelines. These
include the Energy Regulatory Commission, the Kenya Industrial Estates, Kenya
Bureau Estates, Kenya Plant Health Inspectorate Services, NACADA, Ministry of
Home Affairs, Ministry of Education, Kenya Institute for the Blind and Chemilil
Sugar. PCSC is pleased to report an initial favourable response from most public
institutions and will report on the matter in detail in the next Quarterly Report.
2.5.2

Administrative Review in the Quarter

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;
Ministry of Cooperative and Marketing Development
During the Quarter and in previous Quarters, the PCSC identified systemic trends
in Complaints relating to the Ministry of Cooperative and Marketing Development.
In particular, PCSC noted similar Complaints relating to registration of societies,
regulation of Saccos especially as concerns remitting of contributions to members
and generally Complaints from farmers cooperative societies. PCSC brought these
issues to the attention of the Permanent Secretary in the Ministry with a view
having similar Complaints reduced.
Ministry of Youth Affairs and Sports
In the previous Quarters, PCSC has received numerous Complaints from former
teachers or instructors of Youth Polytechnics. The Complainants alleged poor terms
and conditions of service that were not in conformity with those of other civil
servants, retrenchment or retirement without benefits and wrongful application of
disciplinary procedures by Management Committees without regard to the rules of
natural justice. PCSC noted that Complaints had arisen because the Complainants

20

were under the impression that they were employees of the Government (civil
servants). However, following consultative meetings with the Director of Youth
Training, PCSC learnt that over the years the parent Ministry for Youth
Polytechnics has alternated from the Ministry of Higher Education, Ministry of
Labour and the Ministry of Science and Technology. There has therefore been no
clear legal framework regulating Youth Polytechnics. In light of this, the PCSC has
written to the Head of the Civil Service recommending that the Government should
come up with a transparent and equitable manner of compensating the
Complainants.

Equal Opportunities
Kenya Police Department
During the Quarter, PCSC also held a consultative meeting with the Police
Commissioner in relation to Complaints against the Police Department. The
Committee handed over to the Commissioner of Police Complaints which appeared
to the PCSC to have evident irregularities in the disciplinary procedures. It is
hoped that the systemic issues noted in the police disciplinary procedures will be
addressed in the implementation of the on-going police reforms.
2.5.2

Strengthening the PCSC Oversight Mandate

In the Quarter the PCSC also made written and oral representations to the
Committee of Experts regarding inclusion of the Office of Ombudsman (in the
Constitution as an independent office delinked from the Human Rights and Gender
Commission as was reflected in the Harmonized Draft Constitution. Notably, the
PCSC has now been anchored in the Revised Harmonized Draft as an independent
office known as the Peoples Protector whose mandate includes;
i. To investigate any conduct in State affairs, or any act or omission in public
administration in any sphere of Government, that is alleged or suspected to
be prejudicial or improper or to result in any impropriety or prejudice; and
ii. Investigate Complaints of abuse of power, unfair treatment, manifest
injustice or unlawful oppressive unfair or unresponsive official conduct.

21

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
Agriculture
Ministry of State for
Immigration and
Registration of persons
Public Service
Commission
Pensions Department
Ministry of Roads

3 to 6
Months
25
21
4

Number of PCSC Inquiries NOT Responded to

7 to 9 10 to 12 Over
Months
Months
ONE Year Total
Percentage
26
46
9
106
20
22
17
3
63
12
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

0
3
2

3
2
1

2
0
1

1
1
1

6
6
5

1
1
1

22

Public Institution
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
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
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

1
151

0
116

0
210

0
41

1
518

0
100%

The causes of non-responsiveness vary from the excusable, the partially-excusable,

to the completely non-excusable. The PCSCs experience to date has provided a

23

clear picture of the institutions that fall in these categories. This experience will be
reflected
in
the
PCSCs
Strategic
Planning
process.

24

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

2,061

498

24%

Number of ongoing inquiries from July

2007 to 30th September 2009

1,455

70%

108

5%

Complaints channeled or referred to

departments of government or oversight
agencies for action.

25

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

26

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%

27

3.3

Analysis According to Action Taken by PCSC

TABLE 3.3: Analysis on Processing of Complaints Received

During the Quarter
No.
1.

2.

Category
Complaints where inquiries were
initiated
Complaints channeled to responsible
departments of government for action
e.g. The Police Complaints Department

Total

39

12

3.

Complaints resolved1

20

4.

Complaints carried over to the next

quarter.

251

79

TOTAL

317

100%

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.

28

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 PCSCs mandate as follows:-

(a) Injustice; includes allegations of wrongful dismissal from

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

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

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

29

(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 citizens.

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

conduct of public affairs.

(g)
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

30

The Complaints received during the Quarter were diverse in

nature. The most common complaints focused on delay in service
delivery, misuse of office and inefficiency by 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.
A full 29% of the Quarter complaints alleged delay in servicedelivery. Many Kenyans feel that unnecessary and inexcusable
time is taken to perform or deliver normal and routine duties and
services to them. A considerable number of complaints reported
related to allegations of wrongful dismissal 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 and nature of complaints brought to the PCSC is
anything to go by, the level of service-delivery and complaintsmanagement in the public sector remains wanting. In order to see
meaningful reforms in the public sector, leading to efficient servicedelivery and proper complaints-management, public officers,
particularly senior ones, require to revise their attitudes and
approach to service-delivery, thereby impacting positively on the
entrenched culture and attitude of impunity exuded by some
public officers.
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.

31

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

32

Inattention Inefficiency

Others

3.5 Analysis Based on Ministries and Public Sector Institutions

TABLE 3.5: Ministries and public sector Institutions complained
against

18
19
20
21
22
23

No. of
Percentage
Complaints
Kenya Police
50
16
Provincial Administration
46
14
Ministry of Lands
37
12
Ministry of Labour
28
9
The Judiciary
16
5
State Law Office
12
4
Advocates Complaints Commission
11
3
Ministry of Education
10
3
Teachers Service Commission
9
3
Pensions Department
8
3
Ministry of Local Government
7
2
Ministry of Cooperative Development
6
and Marketing
2
Ministry of State for Planning, National
6
Development and Vision 2030
2
Nairobi City Council
6
2
Ministry of State for Defence
5
2
Ministry of Medical Services
5
2
Ministry of Roads
5
2
Ministry of Gender, Children and Social
4
Development
1
Kenya Railways Corporation
3
1
Kenya Power & Lighting Co. Ltd
3
1
Kenya Revenue Authority
3
1
Ministry of Forestry and Wildlife
3
1
Ministry of Youth Affairs & Sports
3
1

24

Kenya Medical Research Institute

No. Public Institution

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

33

No. of
Percentage
Complaints
Kenya Electricity Generating Co. Ltd
2
(KENGEN)
1
Ministry of Agriculture
2
1
Ministry of Finance
2
1
Ministry of Fisheries Development
2
1
Ministry of State for Immigration and
2
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 Institute
1
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 Development
1
0
Ministry of Public Works
1
0
Ministry of Transport
1
0
National Anti Corruption Steering
1
Committee
0
National Social Security Fund (NSSF)
1
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

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.

34

This Ministry remains the undisputed butt of complaints by the public,

having consistently topped the PCSCs rankings in this regard. 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 complaints in the
Quarter. The Ministry of Labour and the Judiciary followed with 9% and
5% respectively.
Other notable institutions complained against include the State Law
Office with 4%, the Advocates Complaints Commission with 3%, and 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 complaints-management 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 also a reliable pointer
to the service-delivery standards in the concerned public institution. At
the 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.

35

36

Complaints by ministries and public sector institution

O t h e r p u b li c
i n s t it u t io n s

2%

N a ir o b i C i t y C o u n c il

2%

M in . o f P la n n in g

2%

M in . o f C o -o p . D e v t.

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 l a in t s
Com m .

5%

S t a t e L a w O f f ic e

T h e J u d i c 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 i n c i a l A d m in .

K e n y a P o l ic e

FIGURE 4: Graphical Representation of Complaints Received by

Ministries and Public Sector Institutions.

20%

16%
14%
12%
9%

4%
3%
2%

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.

37

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 the local level, will facilitate and bridge the
gap between the PCSC and the locals at the lower geographic levels in the
selected districts.
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

Province

38

R/Valley

Coast

N/Eastern

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

FIGURE 6: Graphical Representation of Mode of Reporting Complaints

Mode of reporting complaints to the PCSC

Personal visit, 74%

Postal mail, 24%

Referrals, 1%

39

E-mail, 1%

3.8

Analysis by Gender

TABLE 3.8: Complaints Distribution by Gender

GENDER

NUMBER

PERCENTAGE

Male

265

84

Female

36

11

Organizations/Groups

16

TOTAL

317

100%

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%.
As has been noted before, this figure of 11% does not indicate a deep
satisfaction by the females in the population with public service delivery;
rather, it is probably a reflection of cultural and access issues a matter of
continuing concern to the PCSC.
FIGURE 7: Graphical Representation of Complaints received by
Gender
Complaints distribution by Gender
Male
84%

Groups/Organization
5%

Female
11%

40

3.9

Monthly Analysis of Complaints in the Quarter

TABLE 3.9: Status of Current Quarter Complaints

TOTAL
STATUS

July

August

September

Inquiries initiated
35

39

12

53

80

118

251

79

15

20

105

90

122

317

100%

by the PCSC
Carried over

Complaints
resolved
Channeled

to

other government
institutions
TOTAL

41

FIGURE 8: Monthly comparative analysis of the Quarter Complaints

Monthly comparative analysis of the Quarter Complaints

118

N o.

80

53

35

15
2

July

Resolved

August
Months
Chanelled

Ongoing

42

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 08/09

Q109/10

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

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

43

4th Quarter 2008/09

CHAPTER FOUR
4.0 ADVOCACY, OUTREACH & MEDIA ACTIVITIES
Communication is a core component of PCSCs business. This involves
publicising what the PCSC does for the public and also its role in
improving public service delivery through advocacy and outreach
activities and media appearances. It also means informing the public
through the media of inquiries with significant outcomes and beneficial
changes that PCSC brings across the public service. The following
activities took place in the Quarter.
4.1

Advocacy and Outreach Activities

In October 2009, PCSC staff participated in the Nairobi International

Show held from September 30 October 6, 2009. This provided an
opportunity for the public as well as public institutions to interact with
PCSC staff and to learn the role and functions of the PCSC. In addition
PCSC staff participated in regional shows in Kitale on November 4- 7,
2009.
In mid October 2009, PCSC staff also took part in the Public Service Week
held from October 16 19, 2009. Once again PCSC had an opportunity to
show case its services to the general public and other public institutions.
In December 2009, PCSC staff conducted follow-up workshops with the
Community Based Organizations (CBOs) in Kirinyaga District. To date
the Outreach Programme has communicated to about 4,000 people on the
role and functions of the PCSC.
PCSC together with the Kenya Anti-Corruption Commission, the Kenya
Integrity Forum, the Ministry of Justice, National Cohesion and
Constitutional Affairs and other public institutions jointly conducted
events to mark the International Day of Corruption on December 9, 2009.

44

PCSC and the other institutions had stands at a central location where
complainants and other inquirers could visit and obtain information.
To summarize, new Complaints were received and PCSC promotional
material distributed during these advocacy and outreach activities,
underlining the importance of bringing PCSC services to people in their
own localities.
4.2

Media Activities

In November 2009, PCSC published a report on the functions of the office

as well as highlighted Complaints that had significant outcomes. The
publication was contained in the Nation Newspaper.
In addition, the Executive Director was a discussant on the KBC
Programme on The National Accord: Cracking the Agenda Four
sensitizing the public on Police Reforms and the significance in
improving service delivery.
PCSC also released to the public the first Quarterly Report for the
Financial Year 2009/10 covering the period 1st July to 30th September 2009
in line with the PCSC mandate which requires the PCSC;
to Publish Quarterly Reports for public information on the number and
nature of Complaints received and the action taken by the Committee;

45

CHAPTER FIVE
RECOMMENDATIONS
Current Quarter Quarter 2 2009/10 Financial Year
Inclusion of PCSC in Committees, Commissions and Task Forces
PCSC is mandated to;
review, regulations, codes of conduct , processes and procedures in the
public service and recommend changes necessary to avoid or reduce
Complaints;
To effectively execute this mandate, PCSC recommends that the
Committee should be ex-officio members in Committees, Commissions
and any Task Forces set up to look into matters relating to the Public
Service. This is premised on the fact that PCSC interacts with the public
on all aspects of service delivery, therefore it is able bring an important
public dimension to the on-going public service reforms.
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 retirement benefits. The Complainant, Mrs. Sarah Kaviti,
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, while on retirement the
Complainant was informed that, the Public Service Commission had
rescinded the decision of her retirement on permanent and pensionable
terms thus affecting the pension payable.

46

The Complainant lodged the complaint with the PCSC challenging this
decision and alleging unfair treatment as her former colleagues who were
on similar terms as hers were allowed to proceed on retirement on
permanent and pensionable terms.
PCSC 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.
PCSC considered that this constitutes a case of injustice and
discriminatory treatment since the other officers terms were not
rescinded as is the case with the Complainant. The PCSC wrote to the
Public Service Commission in February 2009, recommending a review
of the case with a view to reinstating the Complainants terms to
permanent and pensionable.

47

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 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.
In July 2009, PCSC further wrote to the Permanent Secretary Public
Sector Reforms and Performance Contracting recommending that the
possibility of the Complainants expertise being utilised in the
Department be explored.
3) Unfair Rescission of Appointment
The Complainant, Mrs. Catherine M. Nyamato was appointed a Member
of the Non-Governmental Organizations 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-

48

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 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. There should also have been
strict adherence to the principles of natural justice. The Complainant
should have been given an opportunity to defend himself against
dismissal, and also given reasons why the JSC opted to dismiss him
against the recommendation of the Ministerial Human Resource
Advisory Committee. The PCSC notes that as a matter of procedure, the

49

JSC does not avail reasons for dismissal to employees, thereby 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 that 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.
5) Unfair Termination of Employment
The Complainant, Simon Wanyaga Baru, then an employee of the Kenya
Power and Lighting Company (KPLC) was transferred from Nairobi to
Kisumu in February 2004. However, he was soon thereafter 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.
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

50

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 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 instance 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,
that 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 received a response from KPLC 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 Kenya Gazette notice dated 20th May
2005. In June 2008, the Chief Executive of the Kenya Film Commission,
acting on the instructions of the Chairman of the Board, 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.

51

Since the Complainant regarded these instructions as illegal, he continued

to perform his duties as a Director until 26th September 2008 when, vide a
Kenya Gazette notice, the Minister revoked his appointment. Thereafter,
Mr. Adem submitted his claim allowances for the period June to
September 2008, which the Kenya Film Censorship Board has refused to
pay.
The PCSC initiated enquiries and has determined that neither the CEO
nor the 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 very well be
personal, lending credence to the likelihood of discrimination.
Therefore, we concluded that the action of the Chairman and Chief
Executive Officer constitutes maladministration.
The PCSC has recommended to the Permanent Secretary of the
Ministry of Information and Communications that the Complainant be
paid his allowances for the period between June and September 2008.
The Committee has received 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

52

reasons given for their reinstatement has been 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 and administrative
practices. This has resulted in claims of favoritism and tribalism in the
Judiciary. In our letter to the Chairman of the Judicial Service
Commission dated 6th October 2008, PCSC 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 received no
response to this letter.

5.2
5.3

Recommendations made in the current Quarter

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.

53

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

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.

54

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
(b) Opportunistic, self-serving interpretations by public officers of
Administrative Circulars issued by the Head of the Public
Service.

55

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 selfserving 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 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.

56

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.
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

57

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.
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

58

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.

3.

Service Charters

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 government offices it has
visited. Kiswahili is the national language that is most commonly used in
national administrative matters.

59

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

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
15

7-Aug-09
26-Aug-09

16

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

Rift Valley

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

Rift Valley

Visit

Misuse of office

Kenya Police

Within

New

Grace Madoka

Western

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

60

No

Date

Name

Province

Sex

23-Sep-09

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

Central

Mode of
contact
Visit

Nairobi

Central

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

Nature of complaints

Public Institution

Mandate

Case status

Unethical conduct

Kenya Police

Within

New

Committee member
in-charge
Grace Madoka

Visit

Delay

Kenya Police

Within

New

Grace Madoka

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

Kiplangat
Cheruiyot
Laji Adoyo

Nairobi

Referral

Injustice

Kenya Police

Within

New

Grace Madoka

Nyanza

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Martin Sifuma
Bakuli
Mbakaya
Petronilla
Muhonka
Michael
Ndambuki Kyalo
Mohamed Ahmed
Abdullahi
Moses Nderitu
Maina

Western

Visit

Maladministration

Kenya Police

Within

New

Grace Madoka

Western

Visit

Misuse of office

Kenya Police

Within

New

Grace Madoka

Eastern

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

NEP

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

Nairobi

Visit

Inattention

Kenya Police

Within

New

Grace Madoka

61

No

Date

Name

Province

Sex

34

17-Jul-09

Moses Nkoimo

Rift Valley

Mode of
contact
Visit

Nature of complaints

Public Institution

Mandate

Case status

Inattention

Kenya Police

Within

New

Committee member
in-charge
Grace Madoka

14-Jul-09

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

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

Central

Visit

Injustice

Kenya Police

Within

New

Grace Madoka

Rift Valley

Visit

Corruption

Kenya Police

Within

New

Grace Madoka

Nairobi

Visit

Corruption

Kenya Police

Within

New

Grace Madoka

Nairobi

Post

Misuse of office

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
28-Sep-09
47
24-Aug-09
48
6-Aug-09
49
14-Jul-09

50

62

No

Committee member
in-charge

PROVINCIAL ADMINISTRATION
Post
Unethical conduct
Provincial Admin.

Within

New

Amb. Simani

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

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

Province

Sex

28-Jul-09

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

Western

Nyanza

Boniface Otieno
Okelo
Burure Mwita &
Others
Chepkero Loc.
Resident
Christiansen Otis
Jole
Christopher
Gitonga Miburi
Christopher Kala
Cyprian Ngai
Ndereva
Daniel Njenga
Doge
Edwin Obanda
Nyanducha
Elijah Kirimi
Imong'i
Erastus P Gomba
3

10-Sep-09
2
9-Jul-09
3
1-Jul-09
4
24-Sep-09
22-Sep-09
6
22-Sep-09
7
19-Aug-09
8
24-Aug-09
9
26-Aug-09
10
11

Case status

Name

Mandate

Date

28-Aug-09
22-Jul-09

12
30-Sep-09
13
25-Sep-09
14
21-Jul-09
15
8-Sep-09

Rift Valley

Mode of
contact

Nature of complaints

Public Institution

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

Eastern

Visit

Delay

Provincial Admin.

Within

Ongoing

Amb. Simani

Central

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Nairobi

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

16

63

No

Date

Name

Province

Sex

7-Aug-09

Geoffrey Mutuma
Gerrald
Grace Wambui
Mungai
Hosea Majanga

Eastern

Mode of
contact
Visit

Central

Western

Isaac Kipturgut
Ngetich
Jacob Aringo

Rift Valley

John Gathiga
Jeremiah 3
John M Kioko

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

Nature of complaints

Public Institution

Mandate

Case status

Injustice

Provincial Admin.

Within

New

Committee member
in-charge
Grace Madoka

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Nairobi

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Central

Visit

Unethical conduct

Provincial Admin.

Within

Ongoing

Amb. Simani

Eastern

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

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

28

30-Sep-09

Julia Wambui
Gitonga
Lucy Wakonyo
Kariuki
Lydia Wambui
Muriithi
Michael N
Mwangi
Monica Amolo 2

Nyanza

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

29

17-Sep-09

Moses Nkoimo 2

Rift Valley

Visit

Breach of integrity

Provincial Admin.

Within

New

Amb. Simani

28-Sep-09

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

Nyanza

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Western

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

Pascal Okware
Okolodi

Western

Visit

Delay

Provincial Admin.

Within

New

Amb. Simani

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

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

4-Aug-09
18-Sep-09

35

64

No

Date

Name

Province

Sex

15-Jul-09

Peter Lewes
Lenkoidad
Rose Wakio
Gichira
Samson M
Makubo
Samuel Moruye
Mosoti
Samwel Wachira
Muthee
Sicily Muthoni
Gacoki
Stephen Ekitela
Aboto
Sterah Wamaitha
Muraguri
Timothy Chege
Wambui
Wellington S Kalo

Eastern

Mode of
contact
Visit

Central

Nyanza

1-Sep-09

29-Sep-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
23-Sep-09
44
45

21-Aug-09

46

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

Nature of complaints

Public Institution

Mandate

Case status

Injustice

Provincial Admin.

Within

Advised

Committee member
in-charge
Amb. Simani

Visit

Inattention

Provincial Admin.

Within

New

Amb. Simani

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

Central

Visit

Injustice

Provincial Admin.

Within

New

Amb. Simani

Coast

Post

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Wellington
Senerwa Kalo

Coast

Visit

Misuse of office

Provincial Admin.

Within

New

Amb. Simani

Alexander Meeme
Kajoi
Amis Ong'olo Rao
& Esther K.
Jashon
Amos R. Nganga
& Others
Antony Kanja
Wambugu
Benard Kamau
Njuguna

Eastern

Visit

Min. of Lands

Within

New

Peter Karing'u

Eastern

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

Visit

Inefficiency

Min. of Lands

Within

New

Peter Karing'u

Central

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

65

No

Date

Name

Province

Sex

30-Sep-09

Bernard Kamau
Njuguna
Dancan
Wambugwa
Mwangi
Doughlas
Odhiambo Otieno
Edward Kangethe
Mukira
Eliab Imbikha
Musha
Elijah Kamau
Nganga
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

Central

Mode of
contact
Visit

Central

Nyanza

6
28-Sep-09
7
17-Aug-09
8
28-Sep-09
9
21-Aug-09
10
29-Sep-09
11
23-Sep-09
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

Nature of complaints

Public Institution

Mandate

Case status

Unethical conduct

Min. of Lands

Within

New

Committee member
in-charge
Peter Karing'u

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

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

Central

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Central

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Central

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

66

No

Date

Name

Province

Sex

22

14-Jul-09

John A Chumbe

Nyanza

Mode of
contact
Visit

7-Jul-09

Justin Nyaki
Ngure
Kimani Muhatia

Eastern

Visit

Central

M. Philip & D
Mugambi
Miwani Sugar
Nucleus Land
Nehemiah Njeru
Grishom
Oira Oira

Eastern

23
24

7-Aug-09
8-Jul-09

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

Case status

Misuse of office

Min. of Lands

Within

New

Committee member
in-charge
Peter Karing'u

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

Visit

Misuse of office

Min. of Lands

Within

New

Peter Karing'u

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

Nyanza

Visit

Incompetence

Min. of Lands

Within

New

Peter Karing'u

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

Delay

Min. of Lands

Within

New

Peter Karing'u

Coast

Post

Delay

Min. of Lands

Within

New

Peter Karing'u

Rift Valley

Visit

Misuse of office

Min. of Lands

Within

Ongoing

Peter Karing'u

Visit

Injustice

Min. of Lands

Within

New

Peter Karing'u

Coast

30-Sep-09

Wilfred Makori
Maeri

29-Sep-09

Antonina Achitsa
Mwilitsa
Benjamin M
Chahiru

21-Jul-09
29-Sep-09
4-Sep-09

30
13-Jul-09
31
18-Sep-09
32
24-Jul-09
33
17-Jul-09
34
13-Aug-09
35
22-Jul-09

37

1
19-Aug-09
2

Mandate

29

36

Public Institution

Eastern

27
28

Nairobi

Nature of complaints

Central
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

Nairobi

Visit

Delay

Min. of Lands

Within

New

Peter Karing'u

Nairobi

Visit

Min. of Labour

Within

New

Peter Karing'u

Western

Visit

Min. of Labour

Within

New

Nafisa Abass

Central

MINISTRY OF LABOUR
Delay
Inattention

67

No

Date

Name

Province

Sex

24-Aug-09

Bonface Wambua
Sikuku
Catherine Ilusa
Marende
David Juma
Sisenda
Dominic Mutunga

Nairobi

Mode of
contact
Visit

Western

Nairobi

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

3
28-Sep-09
4
14-Jul-09
5
6

10-Aug-09
14-Aug-09

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

19-Aug-09

Nature of complaints

Public Institution

Mandate

Case status

Injustice

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

Ongoing

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

Channeled

Nafisa Abass

Western

Visit

Delay

Min. of Labour

Within

Channeled

Nafisa Abass

Eastern

Visit

Delay

Min. of Labour

Within

Closed

Nafisa Abass

Central

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

68

No

Date

Province

Sex

Mode of
contact

Nature of complaints

Public Institution

Mandate

Case status

Committee member
in-charge

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

Nairobi

Visit

Delay

Min. of Labour

Within

Channeled

Nafisa Abass

Western

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Nairobi

Visit

Delay

Min. of Labour

Within

New

Nafisa Abass

Nairobi

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

Name
Khaaba

23-Sep-09
20
27-Aug-09
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

THE JUDICIARY
Delay

69

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

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

3
22-Jul-09
4

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

Western

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

Allan Odira
Akanga
Ekaran Loolel

Nyanza

Visit

STATE LAW OFFICE

Delay

State Law Office

Within

New

Grace Madoka

Rift Valley

Post

Discourtesy

State Law Office

Within

Resolved

Grace Madoka

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

Nyanza

Visit

Inattention

State Law Office

Within

New

Grace Madoka

Post

Inattention

State Law Office

Within

New

Peter Karing'u

Nairobi

Visit

Delay

State Law Office

Within

New

Peter Karing'u

Rift Valley

21-Aug-09

23-Jul-09

Julius Mwambi

Coast

Post

Delay

State Law Office

Within

New

Peter Karing'u

8-Jul-09

Munir Abubakar
Masoud
Peter Kimani &
Others
Peter Muiruri
Ng'ang'a

Nairobi

Visit

Breach of integrity

State Law Office

Within

Advised

Peter Karing'u

Central

Visit

Inefficiency

State Law Office

Within

New

Peter Karing'u

Central

Visit

Delay

State Law Office

Within

New

Grace Madoka

7
24-Jul-09
8
25-Sep-09
9

70

No

Public Institution

Mandate

Case status

Delay

State Law Office

Within

Ongoing

Committee member
in-charge
Peter Karing'u

Visit

Ineptitude

State Law Office

Within

New

Grace Madoka

Visit

Inefficiency

State Law Office

Within

New

Peter Karing'u

Within

Advised

Grace Madoka

Outside

Advised

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

Ongoing

Grace Madoka

Within

New

Grace Madoka

Within

Referred

Grace Madoka

Min. of Education

Within

New

Nafisa Abass

Min. of Education

Within

New

Nafisa Abass

Province

Sex

23-Jul-09

Shashikant K
Raval
United Mumwe
Association
Robert Kamau
Gikonyo

Nairobi

Nairobi

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
Thomas Nabutse
Okonyo

Nairobi

Central

Nyanza

Nyanza

Western

Central

Western

Western

Nyanza

Rift Valley

Coast

4-Aug-09

Alice W Kariithi

Nairobi

Post

29-Sep-09

Herman Maringa
Jefa

Coast

Visit

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
15-Jul-09
11

Nature of complaints

Name

10

Mode of
contact
Post

Date

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
Post
Delay
Advocates Complaints
Commission
MINISTRY OF EDUCATION
Delay
Delay

71

No

Date

Name

Province

Sex

7-Sep-09

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

Nairobi

Mode of
contact
E-mail

Nyanza

Central

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

26-Aug-09
30-Sep-09

Central

Nature of complaints

Public Institution

Mandate

Case status

Discourtesy

Min. of Education

Within

New

Committee member
in-charge
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

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

10

15-Jul-09

Thomas Gathogo
Mungai
Wambua Kyengo

3-Aug-09

Abil Mukhwana

Western

TEACHERS SERVICE COMMISSION

Post
Delay
TSC

Within

New

Nafisa Abass

8-Jul-09

Alice Wanjiku
Mbatia
Eliud Milimu
Mashati
Joel Nzioka
Muikeku
Kamau Methu
Muhammad 2
Mactilda
Amuhaya
Mark Fredrick
Kisika
Martha Njoki
Kariuki
Simon Mwangi

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

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

2
7-Jul-09
3
28-Sep-09
4
8-Sep-09
5
29-Sep-09
6
25-Sep-09
7
19-Aug-09
8
25-Sep-09
9

72

No

Date

Name

Province

Sex

Mode of
contact

19-Aug-09

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

Nairobi

Visit

Central

Post

Eastern

Eastern

17-Jul-09

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

13-Jul-09
28-Sep-09

Public Institution

Mandate

Case status

Committee member
in-charge

Pensions Department

Within

New

Peter Karing'u

Delay

Pensions Department

Within

New

Peter Karing'u

Visit

Delay

Pensions Department

Within

New

Peter Karing'u

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

Rusalia
Adhiambo Odiero

Nyanza

Post

Unethical conduct

Pensions Department

Within

Advised

Peter Karing'u

Abraham Kipkorir
Limo
Ahmed Omar
Mamo
Hassan Barisa
Kalime
Jacinta Wambui
Gakuo
David Wanjau
Mwangi
Zaitun Jepkorir

Rift Valley

MINISTRY OF LOCAL GOVERNMENT

Visit
Injustice
Min. of Local Govt.

Within

New

Peter Karing'u

NEP

Visit

Misuse of office

Min. of Local Govt.

Within

New

Peter Karing'u

Coast

Visit

Delay

Min. of Local Govt.

Within

New

Peter Karing'u

Nairobi

Visit

Misuse of office

Min. of Local Govt.

Within

New

Peter Karing'u

Rift Valley

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

William Rosano
Masese

Nyanza

Visit

Maladministration

Min. of Local Gov.

Within

New

Peter Karing'u

Nature of complaints

PENSIONS DEPARTMENT
Delay

73

No

Mandate

Case status

Committee member
in-charge

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

Date

Name

Province

11-Aug-09

Albert Mwaniki
Kinyugo
Mary M Sisenda

Eastern

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

Nyanza

1
22-Jul-09

Nairobi

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

Central
Coast
Eastern

Sex

Mode of
contact

Nature of complaints

Public Institution

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

4-Aug-09

John Gathiaga
Jeremiah
Leonard K.
Kitomu
Mohamed Mutiti

Western

Post

Corruption

Min. of Planning

Within

New

Peter Karing'u

13-Jul-09

Philip K A Too 2

Rift Valley

Post

Misuse of office

Min. of Planning

Within

Resolved

Peter Karing'u

28-Jul-09

Pius Omollo
Ouma
Timothy Ayieko
Olingo

Nairobi

Visit

Unethical conduct

Min. of Planning

Within

New

Peter Karing'u

Nairobi

Visit

Corruption

Min. of Planning

Within

New

Peter Karing'u

Francis Tochi
O'Maranda
John Mwangi
Mwai
Kamunyoge
Gatwrao Squatters
Mwaniki Anne
Gathigia

Nairobi

Visit

Nairobi City Council

Within

New

Peter Karing'u

Nairobi

Visit

Unethical conduct

Nairobi City Council

Within

New

Peter Karing'u

Post

Corruption

Nairobi City Council

Within

New

Peter Karing'u

Visit

Misuse of office

Nairobi City Council

Within

New

Peter Karing'u

1
22-Jul-09
2

5
30-Jul-09
6
11-Sep-09
1
21-Jul-09
2
13-Aug-09
3
30-Sep-09
4

Nairobi
Nairobi

NAIROBI CITY COUNCIL

Misuse of office

74

No

Date

Name

Province

Sex

26-Aug-09

Osborne
Nyakundi Bosire
Sarah Wacera
Mwangi

Nairobi

Mode of
contact
Visit

Nature of complaints

Public Institution

Mandate

Case status

Breach of integrity

Nairobi City Council

Within

New

Committee member
in-charge
Peter Karing'u

Nairobi

Visit

Injustice

Nairobi City Council

Within

New

Peter Karing'u

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

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

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

Western

Within

New

Grace Madoka

Central

Within

New

Nafisa Abass

Rift Valley

Within

New

Nafisa Abass

Nyanza

Within

New

Grace Madoka

1-Sep-09

Risper Sakwa
Joseph

Western

Within

New

Grace Madoka

21-Aug-09

Ahmed Somow
Ahmed 2
Josphat Mburu
Thiongo 2
Michael Ogondi
Msewe

NEP

Post

Min. of Roads

Within

New

Peter Karing'u

Nairobi

Visit

Delay

Min. of Roads

Within

New

Peter Karing'u

Nairobi

Visit

Injustice

Min. of Roads

Within

Ongoing

Nafisa Abass

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
22-Sep-09
1
30-Sep-09
2
23-Sep-09
3
26-Aug-09
4
5

1
14-Aug-09
2
6-Jul-09
3

MINISTRY OF MEDICAL SERVICES

Visit
Delay
Min. of Medical
Services
Visit
Incompetence
Min. of Medical
Services
Visit
Delay
Min. of Medical
Services
Post
Delay
Min. of Medical
Services
Visit
Breach of integrity
Min. of Medical
Services
MINISTRY OF ROADS
Misbehavior

75

No

Date

Name

Province

Sex

22-Jul-09

Raphael Mutunga
Nzioki
Rose Mwerechi
Ambei

Eastern

Mode of
contact
Visit

Western

Visit

Nairobi

4
17-Aug-09
5
20-Jul-09

Nature of complaints

Public Institution

Mandate

Case status

Inattention

Min. of Roads

Within

New

Committee member
in-charge
Peter Karing'u

Injustice

Min. of Roads

Within

Ongoing

Amb. Simani

Within

Ongoing

Grace Madoka

MINISTRY OF GENDER,CHILDREN AND SOCIAL DEVELOPMENT

F
Visit
Unethical conduct
Min. of Gender

21-Jul-09

Consolata
Khavetsa
Ezekiel Kamau
Kimani
Pascal M. Kiama

28-Jul-09

TAK Karogocho

Nairobi

4-Aug-09

Anne Nyangasi
Ndakala
Flora Nasimiyu
Ingutia
Joseph Kamonjo
Mwangi

Western

Western

Central

Alexander Kasina
Mukala
Evanson Gachoka
Kamau
Peter Munyao
Muange

Eastern

Central

Visit

Delay

KPLCo. Ltd

Within

New

Grace Madoka

Eastern

Visit

Injustice

KPLCo. Ltd

Within

New

Grace Madoka

11-Aug-09

Ishmael A Misire

Nyanza

Post

KRA

Within

New

Nafisa Abass

8-Sep-09

Kamau Methu
Muhammad
Paul Makokha
Okoiti

Central

Visit

Delay

KRA

Within

New

Nafisa Abass

Western

Visit

Injustice

KRA

Within

New

Nafisa Abass

1
7-Aug-09
2

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

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

Within

New

Peter Karing'u

Within

New

Peter Karing'u

Within

New

Peter Karing'u

Within

New

Grace Madoka

KENYA RAILWAYS CORPORATION

Post
Delay
Kenya Railways
Corporation
Post
Delay
Kenya Railways
Corporation
Visit
Inattention
Kenya Railways
Corporation
KENYA POWER & LIGHTING COMPANY LIMITED
Visit
Injustice
KPLCo.Ltd

KENYA REVENUE AUTHORITY

Delay

76

No

Name

Province

Sex

13-Aug-09

Francis Njuki
Gatugo
Harrison Gacheru
Maina
Kiptuget &
Kamara Forest
Association

Rift Valley

Central

David Nyabuti
Nyabende
Mercy Wanjiru
Kuria
Michael Orenge
Nyagaka

Nyanza

Central

Visit

Misuse of office

Nyanza

Visit

Maladministration

Daniel Chris
Amolo
James Kamuyu
Mwai

Nyanza

Central

Daniel Kithuka
Telela
Zachariah G G
Duko

Eastern
Coast

Visit

28-Aug-09

Edward Obwocha

Nairobi

Visit

3-Aug-09

Richeal Nasimiyu
Kwoma

Rift Valley

Visit

29-Sep-09

Lilian Sungu
Odongo

Western

Visit

1
27-Jul-09
2
22-Jul-09
3
21-Aug-09
1
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

Mode of
contact

Date

Rift Valley

Nature of complaints

Public Institution

MINISTRY OF FORESTRY AND WILDLIFE

Visit
Delay
Min. of Wildlife

Mandate

Case status

Committee member
in-charge

Within

New

Nafisa Abass

Visit

Delay

Min. of Forestry

Within

New

Nafisa Abass

Post

Misuse of office

Min. of Forestry

Within

Closed

Nafisa Abass

Within

New

Grace Madoka

Min. of Youth

Within

New

Grace Madoka

Min. of Youth

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

Within

New

Grace Madoka

KENGEN

Within

New

Grace Madoka

Min. of Agriculture

Within

New

Nafisa Abass

Min. of Agriculture

Within

New

Nafisa Abass

Min. of Finance

Within

New

Peter Karing'u

MINISTRY OF YOUTH AFFAIRS AND SPORTS

Visit
Maladministration
Min. of Youth

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

77

No

Misuse of office

Min. of Finance

Within

Ongoing

Committee member
in-charge
Grace Madoka

Within

New

Nafisa Abass

Within

New

Nafisa Abass

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

28-Jul-09

Mbuti Stephen
Kingoo

Nairobi

11-Aug-09

Irene Njeri Njue

Central

3-Sep-09

Kenya Marine
Fisheries Research
Inst. Staff

Coast

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

Rift Valley

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

1
1

Case status

Sex

Mandate

Province

Public Institution

Name

2
1

Nature of complaints

Date

Mode of
contact
Visit

MINISTRY OF FISHERIES DEVELOPMENT

Post
Unethical conduct
Min. of Fisheries
Post

Injustice

Min. of Fisheries

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

78

No

Date

Name

Province

Sex

Mode of
contact

Mandate

Case status

Committee member
in-charge

Within

New

Peter Karing'u

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

Nature of complaints

Public Institution

Korir
25-Sep-09

John Otieno
Awinja

Nyanza

KENYA WINE AGENCIES LIMITED

Visit
Injustice
Kenya Wine Agencies
Ltd

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

NATIONAL SOCIAL SECURITY FUND

Post
NSSF

Within

New

Peter Karing'u

25-Sep-09

Martine Tome

Rift Valley

POSTAL CORPORATION OF KENYA

Visit
Unethical conduct
Posta

Within

Advised

Nafisa Abass

30-Sep-09

Thomas Icharia
Chege

Central

Visit

Within

New

Nafisa Abass

KENYATTA UNIVERSITY
Injustice

1
1

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

79

Telkom Kenya

No

Date

Name

Province

Sex

Mode of
contact

13-Jul-09

Mary Kanyi
Mutuku

Central

INDIVIDUAL OFFICER COMPLAINT

Visit
Unethical conduct
Private( Hon. Mutula
Kilonzo)

Nature of complaints

80

Public Institution

Mandate

Case status

Committee member
in-charge

Within

Closed

Amb. Simani