Ombudsman summons top public officials over non-compliance

Beth Nyaga
3 Min Read

The Commission on Administrative Justice (Office of the Ombudsman) has summoned several high-ranking public officials to appear before it on August 7 and 8, 2024, at 10 a.m.

The officials include Dr Belio Kipsang, Principal Secretary for the State Department for Basic Education; Mary Muthoni, Principal Secretary for the State Department for Public Health and Professional Standards; and Christopher Wanjau, Secretary of the National Registration Bureau.

The summons, issued under Article 50 (2) (h-k) and Article 252 (3) of the Constitution, as well as Sections 27 and 28 of the Commission on Administrative Justice Act, 2011, require the officials to provide answers or produce documents related to ongoing investigations.

The Commission has also issued notices to show cause to Engineer Joseph Mbugua, Principal Secretary of the State Department for Roads; Gitonga Mugambi, Principal Secretary of the State Department for Forestry; and Christopher Wanjau.

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These notices, issued under Sections 2 and 26 of the CAJ Act and Regulations 17 and 18, address their failure to respond to complaints lodged with the Commission.

The notices demand that the officers explain within fourteen days why they should not be recorded as unresponsive or unfit to serve.

Failure to respond adequately could result in being cited in the Commission’s statutory report and facing potential disciplinary actions.

The Commission’s actions follow prolonged efforts to resolve issues with the public officers.

“After receiving complaints, the Commission contacted the Public Service Commission (PSC) on June 15, 2023. Despite several follow-ups and reminders, responses were not forthcoming. For example, Principal Secretary Mary Muthoni did not address complaints despite multiple reminders, prompting the issuance of the notice to show cause.”

Similarly, Christopher Wanjau has been summoned for failing to address a complaint about a mix-up in identification cards.

The issue, initially raised in 2015, involved an error in the ID issued to a complainant.

Despite multiple follow-ups and notices from the Commission, the National Registration Bureau did not rectify the error, leading to the summons.

The Commission warned that public officials who fail to honour these summons may face fines up to Ksh 500,000 or imprisonment for up to two years, or both, under Section 52 of the Commission on Administrative Justice Act, 2011.

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