quarterly q3 report 2008-2009

1

THE THIRD QUARTERLY REPORT FOR

THE YEAR 2008/2009 COVERING THE

PERIOD 1ST JANUARY 2009 TO

31ST MARCH 2009

THE PUBLIC COMPLAINTS STANDING

COMMITTEE

2

TABLE OF CONTENTS

EXECUTIVE SUMMARY .................................................................................................... 4

FOREWORD FROM THE CHAIRMAN .......................................................................... 5

MESSAGE FROM THE EXECUTIVE DIRECTOR ........................................................ 7

CHAPTER ONE................................................................................................................... 12

1.0 INTRODUCTION .................................................................................................. 12

1.1 Mandate of the PCSC ....................................................................................... 12

1.2 Jurisdiction of the PCSC ................................................................................. 13

1.3 Admissibility of Complaints .......................................................................... 14

CHAPTER TWO .................................................................................................................. 15

2.0 COMPLAINTS AND INQUIRIES ...................................................................... 15

2.1 Lodging a Complaint ....................................................................................... 15

2.2 Intake of Complaints ....................................................................................... 15

2.3 Inquiries ............................................................................................................. 15

2.4 Analysis of Complaints in the Quarter ........................................................ 16

2.5 Complaint Reviews .......................................................................................... 17

2.5.1 Complaints Where Advise was Given ......................................................... 17

2.5.2 Complaints Determined to be Without Merit ............................................ 17

2.5.3 Complaints settled by the Public Institution .............................................. 18

2.5.4 Complaints that Revealed no Wrongdoing ................................................. 19

2.5.5 Complaints where PCSC Initiated Further Inquiries ............................... 20

2.5.6 Complaint where PCSC Promoted Mediation ............................................ 21

2.6 Impact of PCSCs Inquiries ............................................................................ 22

2.7 Letters of Appreciation from Complainants ............................................... 26

3

2.8 List of Non-Responsive Government Institutions ... Error! Bookmark not

defined.

CHAPTER THREE .............................................................................................................. 36

3.0 STATISTICAL ANALYSIS ................................................................................... 36

3.1 Complaints Received ....................................................................................... 36

3.2 Classification of Complaints Received by PCSC Mandate ...................... 37

3.3 Analysis According to Action Taken by PCSC .......................................... 38

3.4 Analysis Based on Categories of Complaints ............................................. 40

3.5 Analysis Based on Ministries and Public Sector Institutions ................. 43

3.6 Analysis of Complaints Based on Provinces. .............................................. 46

3.7 Analysis by Mode of Lodging Complaint .................................................. 49

3.8 Analysis by Gender .......................................................................................... 50

3.9 Monthly Analysis of Complaints in the Quarter ...................................... 52

3.10 Comparative Analysis by Quarters ............................................................... 54

CHAPTER FOUR ................................................................................................................ 56

4.0 COMMUNICATION ACTIVITIES .................................................................... 56

4.1 Outreach ............................................................................................................. 56

4.2 PCSC Quarterly Report ................................................................................... 56

4.3 Engagement with Government Agencies .................................................... 57

4.4 Media interviews .............................................................................................. 57

4.5 Website ............................................................................................................... 57

CHAPTER FIVE .................................................................................................................. 58

5.0 RECOMMENDATIONS MADE IN QUARTERLY REPORTS .................... 58

ANNEXTURE ...................................................................................................................... 64

4

EXECUTIVE SUMMARY

This Report for Quarter 3, FY 2008/9, consists of five Chapters and an Annexture.

Chapter One outlines the legal mandate of the PCSC, jurisdiction of the PCSC and

admissibility of Complaints.

Chapter Two covers Complaints and Inquiries in the Quarter. It details the handling

of Complaints and provides summaries 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 PCSC

and the Complainant;

iv. Complaints that revealed no instance of wrongdoing after PCSCs inquiries;

v. Complaints in which PCSC has initiated further inquiries.

vi. Complaints in which PCSC promoted mediation.

Chapter Two also contains brief summaries of broader issues identified and

addressed through PCSCs inquiries, as well as letters of appreciation from

Complainants.

Chapter Three provides a statistical analysis of Complaints and Inquiries within the

Quarter under review. The analysis is of Complaints received based on the

following categories; typology of Complaint, public institutions involved, gender,

provincial distribution and mode of lodging Complaints.

Chapter Four gives an outline of advocacy, outreach and media activities conducted

in 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 current status.

5

FOREWORD FROM THE CHAIRMAN

The present 3rd Quarterly Report covers the period 1st January to March 31st 2009

and is submitted in accordance with PCSC mandate vide Gazette Notice No. 5826 of

June 29th 2007 which requires the PCSC in the performance of its functions, to

prepare and submit reports of this nature to H.E the President.

The number of complaints handled by the PCSC since its inception in 2007 has risen

from 151 to 1431 currently. During the report period the Kenya Anti-Corruption

Commission (KACC) symbolically handed to the PCSC over 80% of complaints

hitherto made to them by the public but which essentially did not fall within

KACCs mandate. This has contributed to the rising number of complaints dealt

with by the PCSC.

The Committee continued to collaborate with Ministries and other Government

Departments to address complaints. In particular, the Committee worked closely

with the Department of Public Sector Reforms and Performance Contracting to

agree on the role the PCSC would play in enhancing the effectiveness of reforms in

the public service delivery. The Committee further collaborated with the PS

Ministry of Information and Communications, the PS Ministry of Tourism and the

National Security Intelligence Services through meetings, exchange of information,

views and ideas to resolve outstanding complaints from the public. The Committee

would like to see this collaboration intensified and strengthened in order to be able

to serve the public in a most effective way.

During the PCSC provincial tours, the Committee was presented with complaints

and concerns from each province, and on which the Committee has made

recommendations for action by those affected for purposes of improving public

administration and service delivery.

In addition to receiving and reviewing complaints, the Committee continued to

bring emerging trends and concerns to the attention of Permanent Secretaries and

heads of Government Departments. During the Quarter, the Committee held

consultations with His Lordship, the Chief Justice to address complaints relating to

the backlog of cases of over 10 years which the members of the public had come to

complain about. His Lordship, the Chief Justice assured the Committee that it was

his active intention to considerably reduce the backlog in question once the number

of judges was increased and outside interference in judicial activities was stopped in

keeping with the independence of the judiciary. In line with this, new judges have

been appointed and doubtless the issue of backlog of cases will be past history.

6

During the Quarter, the Committee continued to intensify publicity of the PCSC.

The publicity has contributed to the recognition of the role of the PCSC in

complaints resolution and service delivery. This publicity will be further enhanced

when the Committee opens up offices at the Provincial and District levels as

appears to be the demand from the public gathered during the PCSC provincial

tours.

Furthermore, the Committee has tirelessly continued to work with the media to

publicize the PCSC. A highlight of the Committee media activities in the reporting

period was participation in an interactive programme Moving the Masses on the

KBC on the role of the PCSC in fighting corruption in the public sector.

We are encouraged that Ministries and Government Departments with whom the

PCSC has been working in resolving complaints are now responding to PCSC

inquiries as a result, many complaints have been addressed. We should all be

vigilant in maintaining this trend and tempo and thus be able to adhere to our

respective Public Service Charters.

In conclusion, I would like to thank the Ministry of Justice, National Cohesion and

Constitutional Affairs (MOJNCCA) for continued logistical support to the PCSC in

its work and activities. It would also be in order to appreciate the high standard of

work contributed by the PCSC Secretariat in the production of this report.

Amb. James Simani

CHAIRMAN

7

MESSAGE FROM THE EXECUTIVE DIRECTOR

The Quarter under review was quite eventful. As the Report shows, there was a

substantial overall increase in the number of complaints received and processed,

indicating wider accessibility of the PCSC by members of the public.

Administratively, the PCSC embarked on some key activities; development of a 5

year Strategic Plan and consultations on development of The Ombudsman Bill 2009,

together with its anchoring Constitutional provision, for consideration during the

ongoing Constitutional Review process. Progress on these issues will be reported in

the following reporting cycles.

Meetings with the Honourable the Chief Justice in the Quarter under review flagged

some issues that I consider worthy of special note. A key concern of the Judiciary, as

gleaned from the Honourable the Chief Justice by the PSSC, was the matter of

Executive interference in the operations of the Judiciary, particularly on the

question of the mode of appointment of Judges, pitting the Judicial Service

Commission as presently constituted against the Ministry of Justice, National

Cohesion and Constitutional Affairs. Indeed, upon meeting the Honourable the

Chief Justice, the PCSC formed the distinct impression that this issue constituted a

substantial roadblock in the Judiciarys progress on reforms, necessitating urgent

resolution.

Issues of independence aside, it is a matter of concern that the reform efforts in the

Judiciary are not yet wide and deep enough to register in the publics mind as

indicated by its continued unflattering perception of the Judiciary as an institution.

In its defense, the Judiciary has cited a low level of funding by the Government as a

key constraint hampering its zeal to reform and improve public service delivery. I

find that I have considerable sympathy with that defense by the Judiciary.

8

As one of the three pillars of Government, adequate, even generous, funding of the

Judiciary as an institution is not only of great strategic interest to the country for the

purpose of promoting social stability and the Rule of Law, but is also a grave

necessity if Kenya is to achieve any of its medium to long term development goals.

In the current Financial Year 2008/9, the Judiciarys budgetary allocation is Ksh 1.85

Billion. Out of this allocation, 1.4 Billion is Recurrent expenditure, leaving Ksh 454

Million for Development expenditure. The Recurrent expenditure allocation of Ksh

1.4 Billion comprises Ksh 1.1 Billion for Personal Emoluments, including Statutory

obligations such as funding the National Council for Law Reporting, while the

Operations and Maintenance budget is Ksh 189 Million for all 112 courts all over

Kenya, including Court of Appeal Circuits, Stationery, Vehicles, Maintenance of

Buildings and Equipment, and anything else requiring attention. Compared with

the Executive, the Legislature or other institutions along the Justice-chain, the most

prominent of which is the Kenya Anti-Corruption Commission, it is clear beyond

argument that Kenya as a country is under-investing in the Judiciary.

If the analogy of a three-legged stool is adopted, the Judiciary, as presently funded,

can be likened to a broken leg that might explain why the Stool of State, with regard

to much-needed public sector reforms, continues to be unbalanced public sector

reforms not proceeding at the same pace across the three arms of Government.

Judging from the complaints received against the Judiciary, priority concerns are for

the Judiciary to (a) Develop and urgently implement a Scheme of Service that will

attract and retain top legal talent in Kenya with a clear, meritocratic career path and

progression; (b) Invest heavily in physical infrastructure to bring courts closer to

Kenyans; (c) Underpin its operations on Technology; stenographers in courts for

record-keeping; appointment of (Special) Judicial Clerks to assist Judges of the

9

High Court and Court of Appeal in embracing technology in their routine work

where necessary; and (d) to introduce the most critical aspect of Judicial Reforms

speed - , urgent procurement and deployment of a case-management software

platform that will provide a basis for case-tracking and performance-tracking.

In its Strategic Plan 2009-2012, the Judiciary has identified a wide raft of reforms, to

the tune of Ksh 5.627 Billion over its Strategic Plan period. Considering the

centrality of the Judiciary and its critical functions without which other Reforms in

other sectors are doomed to flounder, I have little doubt in my mind that

Government should spare no effort, over the Budget Cycles FY 2009/2010, 2010/2011

and 2011/2012, to avail the requested Ksh 5.627 Billion to fund the Judiciarys

Strategic Plan.

For Kenya, Ksh 5.627 Billion spread out over five years is a negligible amount of

money when set against the promised benefits. This money should be availed from

savings from lower priority or even totally unnecessary budget lines. We need, as

Kenyans, and especially during the budgeting process for the next budget cycle, to

recognise the sheer need to transform the Judiciary by reflecting this in the National

Budget.

For the Kenya Police, the Reforms movement appears to have lost steam. While the

Kenya Police Strategic Plan sets out a long and as yet unfulfilled wish-list, for the

purpose of addressing the operational problems that cause an endless stream of

complaints, I am of the firm opinion that the following reforms should be

prioritized;

(a) First, it should be possible to freely obtain a copy of the Kenya Polices current

Strategic Plan. My efforts towards this end, unsurprisingly, did not yield fruit

even from the highest offices.

(b) All Manual operating systems in the Kenya Police must be computerized and

automated. It does not bode well for the Kenya Police, and its future as the

premier and key law enforcement agency, that its critical crime-prevention,

crime-detection and policing operations are Manual. It is unfortunate that

Police Records and Registries continue to be paper-file based, causing untold

10

misery to members of the public and, critically, even the police officers

themselves. It is unfortunate that the National Fingerprinting System is

manual, physical and paper-based. It is unfortunate that Crime detection and

prevention is largely oblivious to the advantages of speed and certainty a

Mobile Phone/Cellular Crime Detection and Investigation Platform is an

absolute necessity in Kenya today, where no crime beyond a certain level of

sophistication can be organized and committed without mobile telephones;

Computerization of Records and Processes at Police Stations; Training, across

the Board for all Police Officers; and improvement of living conditions, salaries

and wages.

If the Kenya Police does not migrate to a technology platform, it will be

impossible to achieve Service Delivery reforms of the type and depth

necessary for this Department.

(c) It is often forgotten, in registering and making complaints about the Kenya

Police, that Police Officers themselves are greatly hampered in their efforts to

perform their duties. Often, Police Officers are placed in the position of a

Doctor without a Stethoscope, or a Teacher without Chalk and a Blackboard,

or a Lawyer without Law Reports. The PCSC is concerned not only about

public complaints about the Police, but also about the working environment

and welfare of Police Officers, most of who are compelled to undertake

difficult and dangerous duties with only a minimum level of facilitation. In

this regard, complaints about the Police, especially by opinion leaders and the

media, need to be balanced; this is not to accommodate inexcusable lapses,

failures and even criminal activity by some Police officers, but to provide a

platform upon which to reasonably and fairly pass judgment on the

performance of the Kenya Police. Having said that, and as I pointed out

earlier, it would help if the Kenya Police embraced constructive criticism

11

instead of reflexively assuming the worst in all its interactions with third

parties.

Kenneth Mwige

Executive Director

12

CHAPTER ONE

1.0 INTRODUCTION

The Public Complaints Standing Committee {PCSC} was established by H.E the

President through Gazette Notice No. 5826 on June 29th 2007.

1.1 Mandate of the PCSC

The Gazette Notice No. 5826 of 2007 specifically 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;

13

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 in Ministries, Parastatals/State

Corporations, Statutory Bodies or any other public institution.

The PCSC is mandated to receive Complaints from any Kenyan citizen or any

person lawfully present in the country or juristic persons, concerning instances of

wrongdoing in the activities of public institutions with the exception of the Courts

acting in their judicial role or Parliament in exercise of its legislative role. A

Complaint is therefore outside the PCSC mandate if;

i. It is not against a public institution or a public officer;

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

exercise of its Legislative role; or

iii. It does not concern possible wrongdoing by a public officer or institution.

The policy approach of the PCSC towards Complaints is that whereas all

Complaints are admissible by the PCSC, action can only be taken by the PCSC

against a public institution or a public officer. Consequently, a Complaint brought

against a private citizen, or a private institution, will be heard by the PCSC for the

purpose of determining whether a public institution or public officer is in breach of

its/his/her duties and obligations as a public institution or officer. Indeed, a

Complaint brought about a private citizen or private body may lead to an Inquiry

by the PCSC if the conduct complained of is subject to Regulatory or Administrative

failure and/or refusal by a Public Officer or Institution.

14

1.3 Admissibility of Complaints

A Complaint that is within the mandate of the PCSC must meet further criteria of

admissibility before the PCSC can initiate inquiries. The criteria are that:

i. The Complainant and the public institution complained against must be

specifically identified;

ii. The Complaint must have first been lodged with the appropriate

Complaints-channels (where they exist) within the institution concerned.

Where this has not been done, the Complainant is advised appropriately;

iii. Appropriate administrative intervention channels (where they exist) have

been exhausted before approaching the PCSC ;

iv. The Complaint must not be under adjudication by a court of law or question

the merits of a courts ruling.

v. The Complainant should identify himself. However, if the nature of the

complaint is such that the identity of the Complainant is not necessary, as in

cases of whistle-blowing, this admissibility requirement is not strictly

upheld. The circumstances and the subject of the complaint are taken into

consideration when applying the test of admissibility.

15

CHAPTER TWO

2.0 COMPLAINTS AND INQUIRIES

The core task of the Public Complaints Standing Committee {PCSC} is to receive,

process, resolve and prevent future occurrence of Complaints brought against

public officers and public institutions - Ministries, Parastatals/State Corporations,

Statutory Bodies or any other public institution. Complaints are received by the

PCSC mainly through visits to PCSC offices. The PCSC also conducts inquiries on

its own initiative in suitable cases.

2.1 Lodging a Complaint

As an institution of record, Complainants must submit their Complaints to the

PCSC by completing a Complaint Form, PCSC Form 1. Before the complaint can be

assessed the complainant must provide the following information;

Complainants contact information

Public institution complained against

Summary of the Complaint

Statement on exhaustion of other available remedies

Action expected from PCSC

Copies of relevant documentation to support the Complaint

The PCSCs course of action on a Complaint is based on the facts and circumstances

specific to each Complaint. It is therefore in the best interest of the Complainant to

provide all relevant information.

2.2 Intake of Complaints

All Complaints are registered and acknowledged. The Complaints are then assessed

in order to determine if they fall within the PCSCs mandate. Some of the

Complaints within the PCSC mandate are resolved internally at the initial stages of

intake while those that do not fall within the PCSC mandate are referred to other

agencies.

2.3 Inquiries

The focus of PCSCs inquiries is to determine whether the public institution

concerned applied statutory obligations and administrative policies, procedures and

guidelines appropriately.

The first step in initiating an inquiry is to refer the Complaint, with supporting

documentation, to the public institution concerned for a first opinion within 30

days. When the opinion is received it is reviewed by the PCSC and sent to the

Complainant for his comments. In appropriate cases, a decision is taken by the

16

PCSC immediately upon receiving a response from the public institution or public

officer concerned, for example where the response is considered to be evasive, or

where the response indicates or evinces clear wrongdoing on the part of the public

officer or institution concerned.

The principle of fairness dictates that the PCSCs decision on a Complaint should

not be based on a one-sided account or on information provided by either the

Complainant, or by the public institution. The other party is, as a rule, given ample

opportunity to give their side of the story or their point of view.

When a member of the public makes a complaint, the PCSC remits the opinion of

the public institution to the Complainant with an invitation to submit comments

and observations. The same procedure is followed if further enquiries into the

Complaint need to be conducted.

In some instances, the public institution takes positive steps to settle the Complaint

to the satisfaction of the Complainant and the PCSC. If this happens, the Complaint

is then closed as settled by the public institution. In other cases, the Complainant

decides to withdraw the Complaint and the Complaint is closed for this reason.

If the Complaint is neither settled by the institution nor withdrawn by the

Complainant, the PCSC initiates further inquiries. If the inquiries reveal no instance

of wrongdoing, the Complaint and the public institution are informed accordingly

and the Complaint is closed.

2.4 Analysis of Complaints in the Quarter

The total PCSC workload for the Quarter was 992 Complaints. 334 Complaints

were new Complaints received during the Quarter. 658 Complaints were brought

forward from the previous Quarters.

In this Quarter, 324 Complaints, or 97% of the Complaints received, were within

mandate while 10 of the Complaints were outside mandate. Of the 334 Complaints

received in the Quarter, action was taken and Inquiries initiated in 73 Complaints,

representing 22%. 261 Complaints, representing 78%, were carried forward to the

next reporting period.

Of the 334 Complaints received in the Quarter, 24% originated from Nairobi

Province followed by 23% from Central Province. The lowest percentage of

Complaints, 1%, was received from North Eastern Province. A full analysis of the

geographical distribution of Complaints is provided in Chapter Three.

17

Most of the Complaints received were against the Ministry of State for Provincial

Administration and Internal Security, comprising 29% or 98 Complaints. Of these,

60 Complaints concerned the Police Department, while 37 were against the

Provincial Administration and 1 against the Government Press. Notably, the

Judiciary recorded 7% of the Complaints received. Complaints against the Judiciary

mainly concern allegations of Delay in hearing and determining cases and

allegations of corruption and abuse of office by judicial officers.

The main category of Complaints alleged were Avoidable Delay at 25%, Injustice,

comprising allegations of Unfair Dismissal and Premature Retirement at 23%,

Misuse & Abuse of Office at 21% and Inattention at 6%.

2.5 Complaint Reviews

The following Complaint reviews illustrate examples of the PCSCs work, which

will provide useful insights into the nature of PCSCs inquiries and how they

support the PCSC mandate of ensuring efficient service delivery.

2.5.1 Complaints Where Advice was Given

If the Complaint is outside mandate or inadmissible, PCSC advises the Complainant

on another appropriate Government agency which is best placed to deal with the

Complaint.

2.5.2 Complaints Determined to be Without Merit

During the Quarter, some Complaints assessed and determined to be technically

admissible did not reveal any instance of wrongdoing hence were closed and the

Complainants advised accordingly.

The Complainant wrote to the PCSC alleging wrongful dismissal from Post Bank of

Kenya. The complainant alleged that she was suffering from a psychiatric illness

which triggered her to commit fraudulent activities in the bank. The Complainant

sought to be reinstated on this basis. PCSC reviewed the complaint and observed

that at the time of dismissal Post Bank had furnished her with the reasons for

dismissal, paid her terminal dues and not preferred any criminal charges against

her for fraud. Further, in light of her psychiatric illness, PCSC considered that her

suitability for reinstatement was questionable. On this basis, PCSC found the

Complaint without merit, advised the Complainant accordingly and closed the

Complaint.

18

A Complaint was lodged against the Kenya Wildlife Service (KWS) for improper

dismissal. The complainant alleged that the charges leveled against him for

dismissal were defective and that he was not given an opportunity to defend

himself. Upon review of the documents availed to the PCSC, PCSC noted that the

Complaint had lodged two appeals against the dismissal which were considered on

the merits and rejected. PCSC found the complaint to be without merit as the

complainant had been given two opportunities to appeal against the dismissal

which he had unsuccessfully utilized. PCSC advised the Complainant accordingly

and closed the complaint.

2.5.3 Complaints settled by the Public Institution

In most instances, PCSC strives to achieve a positive outcome that is satisfactory to

both the Complainant and the institution complained against. Below are examples

of Complaints which were settled by the public institution concerned to the

satisfaction of the Complainant.

In September 2008, PCSC received a Complaint against the Kenya National

Assurance Company (2001) Ltd (KNAC) on delay in payment of an accrued Life

Assurance Policy. The Complainant alleged that the Policy matured in 2004 and that

he submitted all the necessary documentation for payment in October 2005.

However, despite several follow-up visits to KNAC the same had not been paid.

The Complainant sought to know the reasons for the delay. PCSC initiated

inquiries with KNAC into the delay. KNAC responded to PCSCs inquiries

explaining reasons for the delay in effecting payment and advising that the

Complainant had been paid following PCSC inquiries. The Complainant confirmed

that he had been paid. PCSC considered the Complaint settled hence closed.

A Complaint was lodged against Teleposta Cooperative Savings & Credit Ltd

(Teleposta Sacco) regarding delay in refunding the Complainants Sacco

contributions upon her retrenchment from Telkom Kenya in January 2007. PCSC

considered that there was an instance of unjustifiable delay and initiated inquiries

with the Ministry of Cooperative Development and Marketing. Through the

intervention of the Ministry, Teleposta Sacco refunded the Complainants

contributions. On this basis PCSC considered the Complaint settled hence closed.

19

In June 2008, a Complainant wrote to the PCSC alleging she was unfairly and

unprocedurally dismissed from Masaku County Council. The allegations of

unfairness and improper procedure were that there were factual errors, her appeal

was not considered and that the recommendations of her immediate supervisor

were ignored when a decision to dismiss her was made. PCSC initiated inquiries

with the County Clerk of Masaku County Council. Following PCSC inquiries,

Masaku County Council reconsidered the dismissal, reinstated the Complainant

and paid the Complainants accrued dues during the period of dismissal. The PCSC

considered the matter amicably resolved and thus closed the file.

A Complaint was lodged against the Directorate of Research and Development

(DRD) in the Ministry of Higher Education, Science & Technology. The

Complainant alleged delay/ failure by DRD to pay for contractual services rendered.

The Complainant further alleged that he had written severally to the DRD but he

had not received a response as to the reasons for the delay or an indication as to

when the payment would be made. PCSC initiated inquiries with the Ministry of

Higher Education, Science & Technology into the delay. Responding to PCSC

inquiries, the Ministry admitted that there was an instance of unjustifiable delay

and effected the Complainants payment. On this basis PCSC considered the

Complaint settled and thus closed.

2.5.4 Complaints that Revealed no Wrongdoing

In some Complaints, PCSCs inquiries did not reveal any instance of wrongdoing by

the public institution complained against. The PCSC thus decided that no further

inquiries were justifiable and closed the Complaints.

A Complainant wrote to the PCSC alleging that his dismissal from the Kenya Power

& Lighting Company (KPLC) was improper on the grounds that he was not

informed of the reasons for dismissal, his Certificate of Service was issued 11 years

later and that he was not paid 2 months salary in lieu of notice. PCSC initiated

inquiries with KPLC into these allegations. KPLC advised the PCSC that the

Complainant had prior to his dismissal been invited to appear before Internal

Auditors for an interview regarding fraudulent refund claims that he had made.

However, the Complainant failed to appear for the interview without any reasons.

Additionally, KPLC advised that the Complainant had applied for the Certificate of

Service 10 years later and that he could not be paid 2 months salary in lieu of notice

as he was bound by a Collective Bargaining Agreement that stipulated otherwise.

PCSC considered that there was no instance of wrongdoing by KPLC, advised the

Complainant accordingly and closed the complaint.

20

A Complaint was lodged against Kenya Airports Authority (KAA) alleging delay in

payment of retirement benefits following retrenchment. The Complainant alleged

that she had on several occasions since April 2006 written to KAA seeking payment

of her retirement benefits but she had not received any response. PCSC initiated

inquiries into the delay. KAA advised the PCSC that the Complainants pension

dues were paid to her in September 2006 while the balance was held pending the

Complainants attainment of the retirement age. KAA further advised that if the

Complainant needed the remaining benefits on account of ill health, she could

present a medical report to that effect. On this basis PCSC found that there was no

instance of delay as alleged by the Complainant and advised the Complainant

accordingly.

2.5.5 Complaints where PCSC Initiated Further Inquiries

Some responses by public institutions to PCSC inquiries were considered to be

unsatisfactory. After careful examination of the responses, PCSC formed the

impression that the main issues and questions requiring a response remained

unanswered. PCSC decided to conduct further inquiries and invited the

Complainant to make comments and observations to the response of the public

institution.

A Complainant wrote to the PCSC alleging unfair treatment (injustice) by the

Pensions Department in handling her retirement benefits. The Complainant alleged

that while still in the service in the Ministry of Health, her Terms of Service were

converted from Contractual to Permanent and Pensionable. However, upon

retirement the Pensions Department declined to pay her retirement benefits on the

ground that her Terms of Service were Contractual. PCSC considered that there was

an instance of injustice and initiated inquiries with the Pensions Department.

Pensions Department responded to the PCSC explaining 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. PCSC considered

the response by the Pensions Department unsatisfactory and has initiated further

inquiries with the Public Service Commission seeking reasons for its decision.

21

2.5.6 Complaints where PCSC Promoted Mediation

In performance of its functions, Gazette Notice 5826 of June 29th 2007 empowers the

PCSC;

(vi) To promote alternative dispute resolution through mediation;

In some Complaints where PCSC inquiries do not amount to a satisfactory

resolution of the Complaint by the public institution concerned or where no

satisfactory explanation is offered regarding the decision taken by the public

institution, PCSC brings together the Complainant and the public institution for

each party to hear the other partys point view and agree on a workable solution.

Below is an illustrative Complaint.

A community-based organization lodged a Complaint against the Tourism Trust

Fund (TTF) alleging that TTF had failed to honor a financial undertaking it had

made to the Complainant organization that it would provide counter-funding

towards construction of an Observatory Project and an Eco-Lodge on Kianjiru Hill,

Mbeere South District. The Complainant organization alleged that failure by TTF to

honor its undertaking would lead to withdrawal of the counter- funding from a

European agency. In addition the Complainant organization alleged that since 2005,

TTF had failed to respond to inquiries on the status of TTF funding. TTF on its part

alleged that the Complainant organization had not fulfilled certain criteria that were

mandatory before TTF could release its funds. After numerous PCSC inquiries

without a satisfactory explanation from TTF, PCSC organized a round-table meeting

between the Complainants and TTF, in the presence of the Permanent Secretary,

Ministry of Tourism, where the years-long deadlock was broken and the two parties

reached an agreement that TTF would source funding through the Ministry of

Tourism to honor its undertaking. The intervention and personal involvement in

resolving this issue by the Permanent Secretary, Ministry of Tourism, Mrs Rebecca

Nabutola, CBS, is greatly appreciated by the PCSC.

22

2.6 Impact of PCSCs Inquiries

PCSCs resolution of individual complaints often results in wider improvements in

public administration through the unearthing of systemic defects which come to

light through these complaints. PCSC then brings these systemic issues to the

attention of the public institutions concerned.

The following examples are illustrative of the above.

A Complainant lodged a Complaint against the office of the Registrar of

Companies. The Complainant alleged delay in obtaining a list of company Directors

from the office the Registrar. Specifically, the complainant alleged that there was an

assurance that the list would be availed within 7 days yet it took 21 days. Further,

the Complainant alleged discourtesy by the Registry officers. PCSC considered that

there was an instance of avoidable delay and discourtesy and initiated inquiries

with the office of the Attorney General. The Registrar of Companies wrote to the

PCSC explaining the delay and acknowledged that there was a lapse in the offices

failure to clearly communicate to the public on the status of their applications and

whatever requirements they may need to fulfil in order to have their applications

processed. The personal involvement of the Registrar of Companies, Ms Jane Joram,

in resolving this matter is appreciated by the PCSC, as is highlighted in the

Registrars letter to PCSC set out below;

25

2.6.1 Pyramid schemes

In the course of the PCSC nationwide Provincial visits, the PCSC received and

documented over 600 complaints relating to pyramid schemes.

PCSC held consultations with the Ministry of Cooperative Development and

Marketing, Central Bank of Kenya and the Office of the Attorney General on

resolving complaints relating to pyramid schemes. Subsequently, PCSC made

representations to the Task Force on the Activities of Pyramid Schemes established by

the Ministry of Cooperative Development and Marketing.

The gravamen of the complaints by defrauded Members of the public was, and

continues to be, the failure by any Government agency to detect the ongoing fraud

by the promoters of pyramid schemes, and to take necessary action to save gullible

members of the public from falling prey to the fraudsters.

In this regard, the PCSC is concerned about the Regulatory environment in the

financial sector as superintended by the Central Bank of Kenya, the Capital Markets

Authority and the Registry of Companies. The roles and possible contributions of

the Criminal Investigations Department and the National Security Intelligence

Service towards the escalation of pyramid schemes to a national disaster is also a

matter of concern.

In view of the decision by Government to establish a Task Force to inquire into this

matter, the PCSC has elected to await the findings of the Task Force, hoping that the

Task Force will make practical, effective and useful recommendations.

26

2.7 Letters of Appreciation from Complainants

30

2.8 NON-RESPONSIVE GOVERNMENT INSTITUTIONS

The PCSCs efficiency in resolving complaints is determined by the timeliness of

responses to its inquiries by concerned public institutions. It is therefore imperative

that public institutions respond to PCSC inquiries within the shortest time possible.

Failure by a public institution to respond to inquiries by the PCSC is also a telling

sign about the attitude of that public institution to Reforms and to good Service

Delivery. It is impossible to claim Reform credentials while at the same time

exuding an attitude to official inquiries by the PCSC that clearly indicates a

complete lack of interest in resolution of complaints. While failure to respond to

inquiries by the PCSC is a good pointer to the poor level of service delivery in the

concerned public institution, this failure also points out the priority reform areas in

the public sector that require urgent attention.

The listing below comprises Non-Responsive public institutions grouped according

to the number of PCSC inquiries Not-Responded-To. An institution is classified as

Non-Responsive by the PCSC if the institution fails and/or refuses to respond to

PCSC inquiries for three (3) months (90 days). This is a generous window within

which any institution, if minded to do so, should be able to reply to an initial

inquiry arising from a Complaint.

As the list shows, the cavalier attitude to official correspondence by some public

institutions is widespread in the public sector, and begs the question; if the

institution will not bother to even respond to inquiries by the PCSC, how much

worse is it for the individual complainant who deals with such an institution?

PUBLIC INSTITUTION NO. OF PCSC INQUIRIES

NOT- RESPONDED-TO

PERCENTAGE

%

31

Kenya Police 91 23

Ministry of Local Government 69 18

Provincial Administration 43 11

Ministry of Lands 25 6

Ministry of Labour 22 6

State Law Office 15 4

Ministry of State for Defence 14 4

Pensions Department 11 2.8

Teachers Service Commission 11 2.8

Judiciary 10 2

Ministry of Medical Services 9 2

Advocates Complaints

Commission

9 2

Ministry of Education 8 2

Ministry of Finance 8 2

Ministry of Transport 8 2

Ministry of Gender, Children

and Social Affairs

4 1

Office of the Vice-President and

Ministry of Home Affairs

3

1

Ministry of Roads 3 1

Ministry of Public Works 3 1

Ministry of State for

Immigration and Registration of

Persons

3 1

Ministry of Information and

Communications

3 1

Ministry of Environment and

Natural Resources

3 1

Ministry of Industrialization 2 1

Public Service Commission 2 1

Ministry of Higher Education 2 1

Ministry of Foreign Affairs 1 0

32

PCSC INQUIRIES NOT RESPONDED TO FOR 3-6 MONTHS

Of the 387 inquiries made by the PCSC set out above, the following listing

comprises those public institutions that have NOT responded for 3-6 months.

PUBLIC INSTITUTION NUMBER PERCENTAGE

% Kenya Police 73 22





Ministry of State for Defence 14 4


Teachers Service Commission 9 3

Advocates Complaints Commission 9 3

Pensions Department 9 3

The Judiciary 9 3




Ministry of Finance 6 1.8

Ministry of State for Immigration and

Registration of Persons

3 1

Ministry of Information and Communication 3 1

Office of the Vice- President and Ministry of

Home Affairs

2 1


Ministry of Cooperative

Development and Marketing

1 0

Ministry of Housing 1 0

Ministry of Wildlife and

Forestry

1 0

Ministry of National Heritage

and Culture

1 0

Ministry of Energy 1 0

TOTAL 387 100

33

Ministry of Gender, Children and Social

Affairs

2 1

Ministry of Environment and Natural

Resources

2 1

Ministry of Public Works 2 1


Ministry of Agriculture 2 1

Ministry of Foreign Affairs 1 0

Ministry of Higher Education 1 0


Ministry of National Heritage and Culture 1 0

Ministry of Cooperative Development and

Marketing

1 0

Ministry of Energy 1 0

TOTAL 330 100


The following provides a listing of public institutions which have NOT responded

to PCSCs inquiries for duration of 7-9 months.

Public Institution Number Percentage

Kenya Police 12 33.3



Ministry of Lands 2 5.5

Ministry of Labour 2 5.5

State Law Office 2 5.5

Pensions Department 1 2.7

Kenya Commercial Bank 1 2.7

Ministry of Higher Education 1 2.7

Ministry of Forestry & Wildlife 1 2.7


The Judiciary 1 2.7

Ministry Of Gender, Children & Social Affairs 1 2.7

Ministry of Agriculture 1 2.7

TOTAL 36 100

34


The following provides a listing of public institutions which have NOT responded

to PCSCs inquiries for between 10 months and 1 year (12 months).



Kenya Police 2 13.3

Min. of Lands 2 13.3


Kenyatta National Hospital 1 6.6

Pensions 1 6.6

Finance 1 6.6

Ministry of Gender, Children and

Social Affairs

1 6.6

Ministry of Roads 1 6.6

Ministry of Public Works 1 6.6

National Environmental

Management Authority

1 6.6

TOTAL 15 100

35

PCSC INQUIRIES NOT RESPONDED FOR OVER ONE YEAR

The following institutions have not responded to specific inquiries for over one

year:


Kenya Police 4 66.7

Ministry of Lands 2 33.3

TOTAL 6 100

36

CHAPTER THREE

3.0 STATISTICAL ANALYSIS

3.1 Complaints Received

In this Quarter, PCSC received a total of 334 new Complaints. 108 Complaints were

received in January, while 105 and 121 Complaints were received in the months of

February 2009 and March 2009 respectively as shown in the table below.

TABLE 1: Complaints received in the Quarter

MONTH NUMBER PERCENTAGE

January 108 32

February 105 32

March 121 36

TOTAL 334 100

TABLE 2: Statistical Summary

NO CATEGORY TOTAL %

1. Total number of complaints received by PCSC from

July 2007 to 31st March 2009

1,431 100%

2. Number of resolved matters from July 2007 to 31st

March 2009

322 22.5%

3. Number of ongoing inquiries from July 2007 to 31st

March 2009

1,109 77.5%

4. Number of ongoing matters carried forward from

previous Quarters up to 31st December 2009.

658 46%

5. Number of complaints from the previous Quarters

Carried Over to the next reporting period (Quarter)

67 5%

6. Number of complaints received in this Quarter 334 23.3%

37

3.2 Classification of Complaints Received by PCSC Mandate

Within mandate: 324 (97 %)

Outside mandate: 10 (3%)

FIGURE 1: Distribution of Complaints According to the PCSC mandate.

Proportion of complaints within and outside mandate

Outside mandate

3%

Within mandate

97%

38

3.3 Analysis According to Action Taken by PCSC

TABLE 3: Analysis on Processing of Complaints Received

No. CATEGORY TOTAL %

1. Complaints where further inquiries initiated. 48 14.4

2.

Complaints channeled to responsible

department of government for action e.g.

The Police Complaints Department.

1 0.3

3. Complaints referred to other investigative

agencies e.g. KACC and KNHCR 1 0.3

4. Complaints resolved1 23 7

5. Complaints carried over to the next

reporting period 261 78

TOTAL 334 100%

1 Complaints resolved is a generic term comprising; complaints withdrawn by the

complainants, complaints settled by the public institution, complaints found to be without

merit and complaints where complainants were advised to turn to other agencies for further

action or redress.

39

FIGURE 2: Categorization of Complaints Processed by the PCSC

Channeled to other

Govt Dept., 0.30%

Resolved, 7%

Ongoing inquiries,

14.40%

Carried over to next

Quarter , 78%

Referred to Other

investigative

agencies, 0.30%

40

3.4 Analysis Based on Categories of Complaints

This report captures categories of Complaints received as stipulated in the mandate

as follows:-

(a) Injustice; includes allegations of wrongful dismissals from work, premature

retirement, negative ethnicity and discrimination by public officers and

public institutions.

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

deliver normal and routine duties and services by public officers.

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

allegations of improper or forceful charges levied upon Complainants.

(d) Inattention; refers to unjustifiable failure to attend to necessary detail, e.g.

failure to respond to Complaints, failure to charge suspects, cases not

investigated to a reasonable standard by relevant institutions, and the like.

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

satisfaction of the citizens.

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

affairs

41

TABLE 4: Complaints Categories

CATEGORY NO. OF COMPLAINTS

%

Delay 85 25

Injustice 76 23

Misuse of Office 70 21

Inattention 21 6

Unethical conduct 19 6

Incompetence 17 5

Inefficiency 15 5

Others 31 9

TOTAL 334 100%

42

FIGURE 3: Graphical Representation of Complaints Categories.

25%

23%

21%

6% 6%5% 5%

9%

Delay Injustice Misuse ofoffice

Inattention Unethicalconduct

IncompetenceInefficiency Others

Complaints categories

43

3.5 Analysis Based on Ministries and Public Sector Institutions

TABLE 5: Ministries and Public Sector Institutions Complained Against.

PUBLIC INSTITUTION NO. OF COMPLAINTS %

Kenya Police 60 18



Judiciary 24 7


Ministry of state for Defence 22 6



Ministry of Finance 9 3

Pensions Department 8 2

Ministry of Agriculture 7 2

Kenya Revenue Authority 7 2



Ministry of Cooperative

Development & Marketing

6

2

Advocates Complaints

Commission

6

2

Teachers Service Commission 5 1


Public Service Commission of

Kenya

4 1

44

Ministry of Youth Affairs &

Sports

4

1


Ministry of Planning, National

Development & Vision 2030

3

1

Ministry of Livestock

Development

3

1

Office of the Vice President &

Ministry of Home Affairs

3

1

Telkom Kenya 2 1

Public Universities 2 1

Ministry of Forestry & Wildlife 2 1


Ministry of state for Immigration

& Registration of persons

2

1


Ministry of Gender, Children &

Social Development

2

1

Kenya National Assurance Co.

Ltd

2

1

Banks 2 1

Private institutions/Individual 2 1

Parliamentary Service

Commission

1

0

Government Printers 1 0

Ministry of Water & Irrigation 1 0

Ministry of Tourism 1 0

45

Ministry of Regional

Development Authorities

1

0

Ministry of state for Development

of Northern Kenya & other Arid

lands

1

0

Ministry of Environment &

Natural resource

1

0

Kenya Anti-Corruption

Commission

1

0

Total 334 100

The Complaints received involved almost all 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 98,

which represents 29% of the total Complaints received. Out of the 98 Complaints

received against this Ministry, 60 Complaints were against the Kenya Police while

37 Complaints were against the Provincial Administration and 1 against the

Government Printer. The Ministry of Labour recorded 8% of the total Complaints

received. It was followed by the Ministry of Lands and the Judiciary with 7% each.

46

FIGURE 4: Graphical Representation of Complaints Received by Ministries and

Public Sector Institutions.

18%

11%

8%

7%

7%

6%

5%

3%

3%

2%

30%

Kenya Police

Provincial Administration

Ministry of Labour

Judiciary

Ministry of Lands

Ministry of state for Defence

Ministry of Local Government

State Law Office

Ministry of Finance

Pensions Department

Others

Complaints by Ministries and Public Sector Institutions

3.6 Analysis of Complaints Based on Provinces.

The highest number of Complaints was received from Nairobi Province at 24%,

followed by Central Province at 23% and Eastern Province at 14%. The least number

of Complaints was received from Coast and North Eastern Provinces at 3% and 1%

respectively. This variance in distribution can be attributed to the proximity of

PCSC offices. These statistics highlight the urgent need to spread PCSCs presence

47

to, at the very least, all Provincial Headquarters, and subsequently to District

Headquarters. This is emphasized by the fact that 78% of all Complaints received by

PCSC come to our attention through personal visits to PCSC offices at Shell & BP

House, Harambee Avenue, Nairobi see Table 6 below.

TABLE 6: Distribution of Complaints across the Provinces

PROVINCE NO. RECEIVED %

Nairobi

81 24

Central

76 23

Eastern 46 14

Rift Valley 44 13

Western

40 12

Nyanza 32 10

Coast 12 3

North Eastern

2 1

Others

1 0

TOTAL 334 100%

48

FIGURE 5: Graphical Representation of Complaints received by Province

0%1%

3%

10%

12%13%

14%

23%

24%

0%

5%

10%

15%

20%

25%

%

Notindicated

N/Eastern Coast Nyanza Western R/valley Eastern Central Nairobi

Province

Geographic distribution of complaints received

49

3.7 Analysis by Mode of Lodging Complaint

TABLE 7: Mode of Lodging Complaints

MODE OF REPORTING NO. RECEIVED %

Personal Visit 262 78

Postal mail 59 18

Referral from other institutions 10 3

E-mail 3 1

TOTAL 334 100%

FIGURE 6: Graphical Representation of Mode of Reporting Complaints.

78%

18%

3%1%

0%

10%

20%

30%

40%

50%

60%

70%

80%

%

Personal visit Post Referral E-mail

Mode of reporting complaints with the PCSC

50

3.8 Analysis by Gender

TABLE 8: Complaints Distribution by Gender.

GENDER NUMBER %

Male 266 80

Female 51 15

Organizations/Groups 17 5

TOTAL 334 100%

There was a large disparity in the number of Complaints received from women as

compared to men. As the PCSC conducted provincial visits in November and

December 2008, women were enlightened on the PCSC mandate and encouraged to

lodge their Complaints with it. Encouraging more women to bring their Complaints

can be realized through conducting civic education countrywide with specific

regard to women and engaging with women groups, faith and community based

organizations operating at grass-root levels to empower more women on where and

how to lodge their Complaints to the PCSC.

51

FIGURE 7: Graphical Representation of Complaints received by Gender

Complainants distribution by gender

Female

15%

Organization/Group

5%

Male

80%

52

3.9 Monthly Analysis of Complaints in the Quarter

TABLE 9: Current Status of the Quarter Complaints.

STATUS

TOTAL %

JANUARY FEBRUARY MARCH

Inquiries initiated

by the PCSC 37 9 2 48 14.4

Carried over to

the next reporting

period

53 90 118 261 78

Complaints

resolved 17 5 1 23 7

Channeled to

other government

institutions

1 0 0 1 0.3

Referred to other

investigative

agencies

0 1 0 1 0.3

TOTAL 108 105 121 334 100%

53

FIGURE 8: Monthly comparative analysis of the Quarter Complaints

37

53

17

1 09

90

50 1 2

118

1 0 0

January February MarchMonth

Comparative analysis of complaints processed during the Quarter

Ongoing Carried Over Resolved Channeled Referred

54

3.10 Comparative Analysis by Quarters

TABLE 10: Comparison of Complaints Processed in the 2nd Quarter, 2008/09 and 3rd

Quarter 2008/09.

STATUS Q2 % Q3 %

Inquiries initiated by PCSC 151 40 48 14.4

Carried Over to the next reporting

period 152 41 261 78

Complaints channeled to responsible

department of government for action

e.g. The Police Complaints Department.

22 6 1 0.3

Referred to other investigative agencies

e.g. KACC and KNHCR 4 1 1 0.3

Resolved by the PCSC 44 12 23 7

TOTAL 373 100% 334 100%

55

FIGURE 9: Graphical Representation of Complaints processed in the 2nd & 3rd

Quarter s of 2008/09.

1% 0.30%

6% 0.30%

12% 7%

40% 14.40%

41% 78%

Referred

Channeled

Resolved

Ongoing

Carried Over

Complaints processed in the 2nd & 3rd Quarters of 2008/09

2nd Quarter 3rd Quarter

56

CHAPTER FOUR

4.0 COMMUNICATION ACTIVITIES

PCSCs communications activities are aimed at two main objectives; first to inform

potential Complainants of their right to complain and how to exercise it and

secondly, to establish working relations between the PCSC and Government

agencies and Departments in order to deal effectively and efficiently with

Complaints.

4.1 Outreach

PCSC uses outreach activities as an opportunity to meet with authorities in different

regions of the country and to discuss with them the role of the PCSC. Equally

important, through outreach activities, PCSC has the opportunity to listen to the

concerns of the public and different organizations in different parts of the country.

In the Quarter under Review, PCSC participated in the African Youth Trust

Conference held in February 2009 in Nairobi. Through its participation, PCSC met a

network of youth groups and publicized the PCSCs mandate besides distributing

promotional material on the PCSC.

In addition, the PCSC participated in the Judiciary Open Day held in March 2009 at

the Kakamega High Court. PCSC educated members of the public, judicial officers

and public officers on the role of the PCSC, its mandate and how to lodge

complaints.

4.2 PCSC Quarterly Report

Gazette Notice 5826 of 2007 requires the PCSC in exercise of its functions;

To publish quarterly reports for public information on the number and nature of

Complaints received and the action taken by the committee.

In March 2009, PCSC released to the public its 1st and 2nd Quarterly Reports for the

2008/2009 Financial Year. Undoubtedly, knowledge and understanding of the role

of the PCSC was enhanced by the issuing of the two public reports, outlining the

PCSCs outputs of resolving of individual complaints on the one hand while

identifying systemic defects in service delivery and taking corrective measures and

recommendations thereon.

57

4.3 Engagement with Government Agencies

As with all institutions, PCSCs capacity to deal effectively with Complaints and

improve public service delivery is influenced by the nature of its relationship with

public officers and government Departments and Agencies. Regular consultations

and meetings are a routine part of the PCSCs work. These meetings allow the PCSC

to promote the principles of administrative fairness and also offer the expertise of

the PCSC to institutions that may wish to improve their administrative procedures

and practices. In the Quarter under Review, PCSC held consultative meetings with

the Police Department, the Judiciary, the Kenya Power & Lighting Company, the

Ministry of Tourism, the Ministry of Cooperative Development and Marketing and

the Ministry of State for Public Service.

4.4 Media interviews

The PCSC media activities comprise mainly interviews and media appearances.

These interviews help draw attention to the service that PCSC provides to the

public. Equally, the interviews emphasise the role of the PCSC in public sector

reforms thus enabling Government Departments and agencies to adopt a culture

geared towards providing answers and solutions to PCSCs inquiries on complaints

lodged by the public.

In the Quarter under Review, the PCSC gave several media interviews. A highlight

of the PCSC media activities in the Quarter was participation in an interactive

programme hosted by the National Anti-Corruption Campaign Steering Committee

with the public on the role of the PCSC in fighting corruption in the public sector.

4.5 Website

The PCSC makes use of opportunities for information an interaction provided by

the internet. To this end, information about the PCSC is available at

www.justice.com. It is intended that the PCSC website will soon be developed to

include a much wider range of material, including PCSC Quarterly Reports, and

with interactive possibilities for the public.

58

CHAPTER FIVE

5.0 RECOMMENDATIONS MADE IN QUARTERLY REPORTS

5.1 Recommendations Arising From Complaints-Handling.

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 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

59

use its experience as a learning tool for the benefit of future Committees and

Commissions.

2. Hierarchical recognition of the PCSC in the Public Service

The administrative oversight mandate of the PCSC is broad and encompasses

the entire public service. By its establishment, it is expected that the PCSC

will complement Public Service reform efforts to provide quality services to

Kenyans by playing an effective oversight role over public servants and

public institutions. It is therefore our view that the PCSC should enjoy higher

administrative status within the organization of Government. Moreover, in

view of the fact that the realization of the PCSCs mandate is linked to its

independence (financial and operational) and impartiality, its position as a

Semi-Autonomous Government Agency under the Ministry of Justice,

National Cohesion and Constitutional Affairs is deserving of review.

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 commonly used in national

administrative matters.




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

60

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.




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.

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.

5.2 RECOMMENDATIONS MADE IN CURRENT QUARTER - Q3, FY

2008/2009

ADDRESSEE: HEAD OF THE PUBLIC SERVICE

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 interpretation by public officers of

Administrative Circulars issued by the Head of the Public Service.

While the opportunism of public officers in taking advantage of loose

financial oversight is decried, the following must be acknowledged;

(c) that there is a multiplicity of Circulars governing the entitlements of

public officers to allowances;

(d) that the Circulars are quite vague in their definitions;

61

(e) that the Circulars fail to anticipate reasonably foreseeable situations

necessitating payment of special allowances due to exigencies of duty,

thereby encouraging public officers to become creative in their

interpretation of applicable Circulars.

It is therefore strongly recommended that all Administrative Circulars on

Allowances payable to public officers be reviewed and consolidated.

Secondly, oversight by Permanent Secretaries should be improved

dramatically to prevent situations where public officers raise claims, justify

them to themselves and then proceed to pay themselves, often in reliance on

wrong or self-serving interpretations of Administrative Circulars.

5.3 Cross-cutting Recommendations Arising from the PCSCs Provincial Visits

in November-December 2008.

1. Non-implementation and/or poor enforcement of The Traffic Act

It is a notorious fact, reflected by innumerable Complaints by members of the

public, that the order and discipline instituted on Kenyas road transport

sector through the so-called Michuki Rules has disintegrated beyond

recognition. Today, wanton impunity reigns, leading to avoidable loss of

lives and property. Having had the benefit of seeing effective reforms in the

transport sector, and having seen the reforms vanish into thin air, Kenyans

have a sound basis to make the obvious connection between the lapse in

enforcement with the policy and administrative management of the sector. It

is also clear that strict enforcement of The Traffic Act, with all its attendant

benefits, is easily attainable, and maintainable, with the requisite political

will and direction. This problem can only be solved by the Appointing

Authority.

2. Public officers should wear identification badges at all times.

Members of the public felt that it was necessary for public officers to wear

identification badges at all times. This would enable the public to identify

officers who offer either exemplary or poor services. A key component of

public sector reforms is ensuring that individual officers adhere to The Public

Officers Ethics Act. Ensuring compliance is only achievable if individual

officers are identifiable by the public in the course of service delivery. In

addition, the PCSCs mandate is specifically directed at public officers. It is

62

therefore imperative that public officers should identify themselves through

identification badges in the course of offering services.

3. Acknowledgment and prioritization of issues affecting Women and

Children

Members of the public felt that the vulnerability of women and children

should be taken into account in all spheres of Government. PCSC attests to

this based on the gender disparity of complaints received by the PCSC.

During this reporting Quarter, 80% of the complaints were lodged by men,

15% by women and 5% by institutions/organisations. PCSC has been and will

continue addressing this disparity by developing Advocacy and Outreach

programmes that specifically target women and women groups. In addition,

PCSC recommends close collaboration of Government Departments with the

Ministry of Gender, Children and Social Services to address issues that affect

Women and Children in accessing public services.

4. Accessing the Women and the Youth Funds

While members of the public across the provinces expressed knowledge of

and appreciation for the Women and Youth Funds, it was reported that the

Funds were not accessible especially in the rural areas due to unduly

stringent lending terms and conditions. The administrative costs of the

middle-man, i.e. the Bank or Intermediary involved, and the eventual cost of

credit, are a matter of strategic concern if these Funds are to reach their

intended beneficiaries and do them any benefit. This issue needs to be

urgently revisited by the Ministries of Gender, Children and Social Services

and Youth and Sports. The commercial self-interest of the intermediaries is

and will remain at odds with the public interest on this issue.

5. Pyramid Schemes

The issue of pyramid schemes was raised in all the provinces with investors

reporting that they lost massive sums of money. PCSC recommends that the

findings and recommendations of the Task Force on Pyramid Schemes

established under the Ministry of Cooperative Development and Marketing

should be implemented especially with a view of ensuring that the investors

recover monies invested with the schemes, legislative framework is put in

place to prevent the establishment of such schemes and better policing by

63

Government of Saccos and deposit taking institutions to shield the public

from such losses.

64

ANNEXTURE

NO DATE NAME PROVINCE SEX

MODE OF

CONTACT

COMPLAINTS

CATEGORY

PUBLIC

INSTITUTION MANDATE

CASE

STATUS

COMMITTEE

MEMBER IN

CHARGE

KENYA POLICE

1 31-Mar-09 Nakuku Toli Rift Valley M Visit PCSC Delay Kenya Police Within New Grace Madoka

2 30-Mar-09 Wilfred Nkuri Nairobi M Referral Injustice Kenya Police Within New Grace Madoka

3 26-Mar-09

Tedhaus Mutuku

Ngenga Eastern M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

4 26-Mar-09

Jeremiah M'Njogu

M'Torogoji Eastern M Visit PCSC Inattention Kenya Police Within New Grace Madoka

5 25-Mar-09

Peter Thuranira

Mwongera Nairobi M Visit PCSC Misbehavior Kenya Police Within New Grace Madoka

6 25-Mar-09 Mucina Ezekiel Gathekia Nairobi M Visit PCSC Inattention Kenya Police Within New Grace Madoka

7 24-Mar-09 John Kariuki Mwangi Central M Visit PCSC Inattention Kenya Police Within New Grace Madoka

8 23-Mar-09

Daniel Mbuku

Mukhwana Western M Visit PCSC Injustice Kenya Police Within New Grace Madoka

9 23-Mar-09 Margaret Mumbi Nairobi F Visit PCSC Inattention Kenya Police Within New Grace Madoka

10 23-Mar-09 Nelly Njambi Muriithi Central F Visit PCSC Breach of integrity Kenya Police Within New Grace Madoka

11 20-Mar-09 Moses Gachoki & Others Central Visit PCSC Inattention Kenya Police Within New Grace Madoka

12 19-Mar-09 Sophia Wambui Muiruri Central F Visit PCSC Misuse of office kenya Police Within New Grace Madoka

13 17-Mar-09

Makhandia &

Makhandia advocates Nairobi Post Delay Kenya Police Within New Grace Madoka

14 16-Mar-09 Rufus Karani Stephen Nairobi M Visit PCSC Breach of integrity Kenya Police Within New Grace Madoka

15 16-Mar-09 James Mwongela Muteti Eastern M Visit PCSC Inattention Kenya Police Within New Grace Madoka

16 16-Mar-09 Mark Mwanzia Muasya Nairobi M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

65


MODE OF

CONTACT

COMPLAINTS

CATEGORY

PUBLIC

INSTITUTION MANDATE

CASE

STATUS

COMMITTEE

MEMBER IN

CHARGE

17 12-Mar-09 Lawrence Ngugi Kimata Rift Valley M Visit PCSC Inattention Kenya Police Within New Grace Madoka

18 12-Mar-09 Robert Mutiso Lelli Nairobi M Visit PCSC Incompetence Kenya Police Within New Grace Madoka

19 09-Mar-09 George Njoroge Chege Nairobi M Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

20 06-Mar-09 Nelly Muiruri Nairobi F Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

21 06-Mar-09 Muendo Muasya Eastern M Post Delay Kenya Police Within New Grace Madoka

22 03-Mar-09 David Mwita Marwa Nyanza M Visit PCSC Injustice Kenya Police Within New Grace Madoka

23 02-Mar-09

George Ndungu

Kamunge Rift Valley M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka

24 27-Feb-09 Francis Kanyi Nairobi M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka

25 26-Feb-09 Bonface Mbahya Ngoli Western M Post Misuse of office Kenya Police Within Ongoing Grace Madoka

26 26-Feb-09 Peter Njenga Ngome Rift Valley M Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka

27 25-Feb-09 Wilfred Olooko Muroka Western M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

28 24-Feb-09 Tsuma Chaka Mrabu Coast M Visit PCSC Delay Kenya Police Within New Grace Madoka

29 23-Feb-09 Masila Musyoka Eastern M Visit PCSC Inattention Kenya Police Within Ongoing Grace Madoka

30 19-Feb-09 Joseph Mwaura Thianga Central M Visit PCSC Delay Kenya Police Within New Grace Madoka

31 17-Feb-09 Noor Baya Pwani Coast M E-mail Misuse of office Kenya Police Within New Grace Madoka

32 16-Feb-09 James Munene Kahariri Rift Valley M Visit PCSC Injustice Kenya Police Within New Grace Madoka

33 16-Feb-09

Maurice Onyango

Odede Nyanza F Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

34 16-Feb-09 Abdulrahim Ali Bakathir Eastern M Visit PCSC Breach of integrity Kenya Police Within Ongoing Grace Madoka

35 12-Feb-09 Peter Nderitu Githinji Nairobi M Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka

36 09-Feb-09

Peter Jarega Ang'u

Majani Western M Visit PCSC Injustice Kenya Police Within Channeled Grace Madoka

37 05-Feb-09 Samuel Muigai Nairobi M Visit PCSC Inattention Kenya Police Within Ongoing Grace Madoka

66


MODE OF

CONTACT

COMPLAINTS

CATEGORY

PUBLIC

INSTITUTION MANDATE

CASE

STATUS

COMMITTEE

MEMBER IN

CHARGE

38 04-Feb-09 Susan Njoki Mutahi Central F Visit PCSC Maladministration Kenya Police Within Ongoing Grace Madoka

39 04-Feb-09 George Waweru Kariuki Nairobi M Visit PCSC Inefficiency Kenya Police Within Channeled Grace Madoka

40 03-Feb-09 Fanuel Saly Wambulwa Rift Valley M Visit PCSC Inefficiency Kenya Police Within New Grace Madoka

41 02-Feb-09 Panuel Ireri Njoka Rift Valley M Visit PCSC Misuse of office Kenya Police Within Channeled Grace Madoka

42 28-Jan-09

Eunice Marwa

Nyamoraba Nyanza F Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka

43 27-Jan-09 Paul Lex Rutherford Central M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka

44 27-Jan-09

Pastor Daniel Wambua

Muindi Central M Visit PCSC Incompetence Kenya Police Within New Grace Madoka

45 27-Jan-09

Raphael Muendo

Kathukya 2 Central M Visit PCSC Misuse of office Kenya Police Within Advised Grace Madoka

4

quarterly q3 report 2008-2009

Documents

public complaints

analysis of complaints

classification of complaints

admissibility of complaints

intake of complaints

pcsc mandate

impact of pcscs inquiries

complaint reviews