Outgoing justice commissioners present exit report to President Ruto

The outgoing Commissioners of Administrative Justice, led by Chairperson Florence Kajuju, on Tuesday, presented their exit report (2016-2024) to President William Ruto.

During their tenure, the Commission recorded 19,730 complaints related to maladministration, with an average resolution rate of 40.2 per cent. Delays in service delivery were a significant issue throughout their time in office.

According to a statement from the Office of the Ombudsman, the Commission issued several advisories to the National Government on matters of national interest to enhance administrative justice and access to information reforms.

"The Commission also undertook investigations into complaints of maladministration against public institutions and officers. Some of these investigations were related to the issuance of passports, the plight of migrant domestic workers, and other critical issues," the statement read.

In addition, the Commission received 1,076 applications for review under its mandate to oversee the enforcement and implementation of the right of access to information, as guaranteed by Article 35 of the Constitution and operationalized by the Access to Information Act, 2016.

Awareness of the Commission's mandate increased from 28 per cent in 2018 to 59.3 per cent in 2023, while awareness of the right to information by Kenyans rose to 64 per cent in 2023.

"This reflects the Commission's efforts in public awareness and education through initiatives like Ombudsman Mashinani, county visits, radio and TV programs, and legal aid clinics," the Ombudsman statement noted.

The Commission also trained over 17,991 public officers from various Ministries, Departments, Agencies, and counties during their six-year tenure.

However, the Commission faced significant challenges, primarily financial constraints, which impeded service delivery and efforts to strengthen its capacity. Legal frameworks were also cited as inhibitive, particularly concerning its traditional mandate, which lacks mechanisms for enforcing its recommendations.

The Commissioners called for the urgent amendment of the Constitutive Act and other relevant legislation to strengthen the legal framework. Other challenges included non-responsiveness or delays by responsible officers in public institutions when responding to inquiries on complaints and inadequate public awareness of the Commission's mandates, attributed to limited financial resources.

The Commission on Administrative Justice—Office of the Ombudsman was established under Article 59(4) of the Constitution and the Commission on Administrative Justice Act, 2011.

The Office of the Ombudsman is mandated to tackle maladministration in the public sector and investigate complaints of delay, abuse of power, unfair treatment, manifest injustice, or discourtesy. The Commission is also responsible for overseeing and enforcing the implementation of the Access to Information Act, of 2016.