Quarterly Q4 Report 2008-2009

THE FOURTH QUARTERLY REPORT FOR
THE YEAR 2008/2009 COVERING THE

PERIOD 1st APRIL 2009 TO
30TH JUNE 2009
THE PUBLIC COMPLAINTS STANDING

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

FOREWORD FROM THE CHAIRMAN ...................... Error! Bookmark not defined.
MESSAGE FROM THE EXECUTIVE DIRECTOR ........................................................ 5
CHAPTER ONE................................................................................................................... 10
1
INTRODUCTION ........................................................................................... 10
1.1
Mandate of the PCSC ........................................................................................ 10
1.2
Jurisdiction of the PCSC ................................................................................... 11
1.3
Admissibility of Complaints ............................................................................ 12
CHAPTER TWO.................................................................................................................. 13
2.0
COMPLAINTS AND INQUIRIES ............................................................... 13
2.1
Lodging a Complaint ........................................................................................ 13
2.2
The Complaints-handling Process .................................................................. 13
2.3
Analysis of Complaints-handling in the Quarter ......................................... 16
2.4
Selected Complaints Reviews .......................................................................... 16
2.4.1
Complaints Where Advice were provided .................................................... 16
2.4.2
Complaints Determined to be Without Merit ............................................... 17
2.4.3
Complaints settled by the Public Institution ................................................. 18
2.4.4
Complaints that Revealed no Maladministration ........................................ 20
2.4.5
Complaints where an Explanation was Provided ........................................ 21
2.4.6
Complaints where PCSC Initiated Further Inquiries ................................... 21
2.4.6
Complaints where PCSC Promoted Mediation and Recommended

Compensation.................................................................................................... 23
2.5
Letters of Appreciation from Complainants ................................................. 25
2.6
Broader Aspects of Complaints-handling ..................................................... 25

2
2.7
Non-Responsive Government Institutions .................................................... 32
CHAPTER THREE .............................................................................................................. 41

3.0
STATISTICAL ANALYSIS ............................................................................ 41
3.1
Complaints Received ........................................................................................ 41
3.2
Classification of Complaints Received by PCSC Mandate.......................... 41
3.3
Analysis According to Action Taken by PCSC ............................................. 42
3.4
Analysis Based on Categories of Complaints ................................................ 44
3.5
Analysis Based on Ministries and Public Sector Institutions ...................... 46
3.6
Analysis of Complaints Based on Provinces. ................................................ 49
3.7
Analysis by Mode of Lodging Complaint .................................................... 51
3.8
Analysis by Gender ........................................................................................... 52
3.9
Monthly Analysis of Complaints in the Quarter ......................................... 54
3.10
Comparative Analysis by Quarters ................................................................ 55
CHAPTER FOUR ................................................................................................................ 57

4.0
COMMUNICATION ACTIVITIES ............................................................. 57
4.1
Advocacy and Outreach ................................................................................... 57
4.2
Information Technology and Web Presence ................................................. 57
4.3
Media Activities ................................................................................................. 58
4.4
Information Literature ...................................................................................... 58
CHAPTER FIVE .................................................................................................................. 59

5.0
RECOMMENDATIONS ................................................................................ 59
5.1
Recommendations made in the Current Quarter ......................................... 59
5.2
Recommendations made in Previous Quarters ............................................ 60
ANNEXTURE ...................................................................................................................... 64
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-handling 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 the public institution provided a satisfactory

explanation;
vi.
Complaints in which PCSC has initiated further inquiries.
vii.
Complaints which the PCSC has reconsidered; and
viii.
Complaints in which the PCSC promoted mediation.
Chapter Two also contains letters of appreciation from Complainants as well as a

list of non-responsive Government institutions based on the duration taken to
respond to PCSCs inquiries.
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.
4
FOREWORD FROM THE CHAIRMAN

The mandate under which the PCSC operates is set out in Kenya Gazette Notice No.
5826 of June 29 2007, which requires the PCSC to submit Quarterly Reports to H.E
the President on the conduct of its activities in resolving complaints made to it by
the public against Ministries, Parastatals/State Corporations, Statutory Bodies or any
other public institution. The 4th Quarterly Report which is the present one, covers
the period 1st April to June 30th 2009 and has considered 1720 complaints received to
date of which 270 were received during the Quarter.
As has been the case previously, those complaints have been routinely taken up
with public bodies concerned with the aim of resolving them and with a measure of
considerable success as indicated in the report. This is brought about through
continuing consultative collaboration with the public bodies involved and by way
of PCSCs oversight authority over the activities of these public bodies.
As a further means of strengthening the PCSCs capacity in this regard, the recent
Performance Contracting Guidelines issued by the Office of the Prime Minister
require that all Ministries, Departments and Agencies (MDAs) with effect from 1st
July, 2009 establish mechanisms of working together with the Committee for
effective resolution of public complaints through the issuance by the PCSC of a
Certificate of due compliance.
To regularize the operations and to facilitate effectiveness of the PCSC as an
oversight institution, the Committee has taken the further steps of elaborating an
Ombudsman Bill in conjunction with the Kenya Law Reform Commission to
provide a legislative framework for the execution of the PCSCs mandate.
It is becoming increasingly clear to the PCSC that in the absence of dedicated public
complaints desks within public bodies, Ministries and other public bodies are
becoming less and less responsive to the complaints brought against them. In order
to arrest the situation, PCSC intends to help build complaints handling capacities in
these public sectors and a study is underhand to establish the magnitude of the
need.
I would like to commend the existing collaboration between the Permanent
Secretaries and chief executive officers of public institutions in dealing with issues
that we have had to raise in connection with resolving complaints and would urge
that this cooperation continues in the realization of the objectives and goals set out
in Kenya Vision 2030 towards a globally competitive and prosperous Kenya.
Finally, I would like to express PCSCs appreciation to the Ministry of Justice

National Cohesion and Constitutional Affairs (MOJNCCA) for continued logistical
support extended to the PCSC in performance of its functions and activities. I would
also wish to appreciate the high standard of work performance exhibited by the
PCSC Secretariat in the production of this Report.
Amb. James Simani

CHAIRMAN
MESSAGE FROM THE EXECUTIVE DIRECTOR

The Quarter under review, covering the period 1st April 2009 to 30th June 2009, can
be described as a watershed Quarter for the PCSC for several reasons.
First, the statistics. In the Quarter under review, the PCSC processed 909
complaints, of which 270 (30%) were new while 639 (70%) were ongoing complaints
from previous Quarters. Of the 270 new Complaints, the PCSC took up 43 (or 16%)
for further action. A substantial 227 complaints received in the Quarter, or 84% of all
new complaints, were pushed forward to the next Quarter.
These are certainly not flattering statistics. Indeed, they are the sort of statistics no
Manager would wish to expose to the public. However, the statistics themselves tell
a story that is worth telling. On the flattering side, they say that more and more
Kenyans are now seeking the services and interventions of the PCSC in their
relations with Government. On the less flattering side, they say, clearly, that the
PCSCs institutional capacity (human, financial and operational resources) to service
the increasing number of Kenyans seeking its services is now demonstrably
overstretched.
It is for this principal reason that the PCSC is prioritizing migration of all its
operations and processes from a manual to an IT Platform in the next Quarter. It is
expected that this will increase the PCSCs internal efficiency while at the same time
providing a base upon which Kenyans seeking services from the PCSC do not suffer
the Delays that they may be coming to complaint about to the PCSC.
The statistics say even more. In the Listing of Non-Responsive Government
Institutions, as at 30th June 2009, there were 996 complaints against public
institutions where the public institutions concerned had totally ignored or refused
to address the complaints preferred. Of this figure of 996, there were 498 complaints
outstanding, without any response, for between 0-3 months, 204 complaints
outstanding without any response for between 3-6 months, 242 complaints for
between 6-9 months, 32 complaints for between 10 months to 1 year, and 20
complaints outstanding for more than 1 year without even a bare
acknowledgement.
Upon analysis, the Non-Response rate in Government and Public Institutions is a
staggering 58%. In other words, more than half of all complaints made against
public institutions are not even acknowledged in the first place, never mind
resolved.
I raise these issues to illustrate two main points; first, that there is an amazing depth
of impunity regarding service delivery in the public sector, and; second, that there is
7
an overwhelming need to move good service-delivery from the realm of the

optional to the realm of the compulsory.
As far as impunity in service delivery in the public sector goes, it is evident to the
PCSC that the greatest difficulty in the minds of many public officers is the spectre
of being held to account for their administrative actions and decisions. This happens
through PCSCs insistence that public officers provide a Statement of Reasons
underpinning administrative actions and decisions.
The failure to provide Reasons, either because there are none or because there are
no records, is a major loophole facilitating untold Injustice and Corruption in the
public sector. When a wronged individual complains to the PCSC, and the culpable
institution takes the position that the Complainant should go to litigation, this is
doubly sad for perpetuating Injustice and for contributing to the paralysis of the
Judicial system.
It must be accepted in the public sector that any administrative action that cannot be
supported by cogent Reasons cannot be allowed to stand. It must be accepted that
administrative powers have limits, and that the PCSC/Ombudsman is the custodian
of the citizens right to administrative justice.
Fortunately for the PCSC, the Office of the Prime Minister has dealt Public Service
Impunity a death blow through the inclusion of satisfactory complaints resolution
as a Performance Contracting Indicator in the 6th Cycle of Performance Contracting
Year 2009/2010.
What this means is that Permanent Secretaries and Chief Executive Officers of all
Ministries and public institutions who do not resolve public complaints to the
satisfaction of the PCSC stand to lose up to 10 marks (10%) in the annual assessment
of their performance as public sector managers.
As the Office charged with driving public sector reforms and improving public
service delivery, the PCSC wishes to acknowledge and thank the Office of the Right
Honourable The Prime Minister for this critical intervention to address Public
Service Impunity.
The PCSC has found that challenges to its legal status are a recurring theme,
particularly by intransigent public institutions which do not wish to have their
service delivery practices placed under any kind of external scrutiny. In this regard,
the PCSC has proceeded with considerable speed with work on the draft
Ombudsman Bill 2009, and its concomitant Constitutional grounding provision.
Between a Constitutional and Legislative grounding, and a role in determination of
the levels of performance of Permanent Secretaries and Chief Executive Officers,
8
Kenya is surely moving closer to the goal of excellent public service delivery
characterized by a lack of impunity in the exercise of administrative powers.
Finally, the PCSC wishes to express its appreciation to Government for the modest
increase in its budget. Every extra cent goes a long way in improving public service
delivery in Kenya. We look forward to continued cooperation and support from
members of the public, Government and stakeholders.
Kenneth Mwige
Executive Director
CHAPTER ONE
1
INTRODUCTION
The Public Complaints Standing Committee {PCSC} was established by H.E the
President through Kenya Gazette Notice No. 5826 of 29th June 2007.
1.1
Mandate of the PCSC
Kenya Gazette Notice No. 5826 of 29th June 2007 confers the PCSC with the following
functions:
1. To receive, register, sort, classify and document all complaints against public officers
in Ministries, Parastatals/State Corporations, Statutory Bodies or any other Public
Institution;
2. To inquire into allegations of misuse of office, corruption, unethical conduct, breach
of integrity, maladministration, delay, injustice, discourtesy, inattention,
incompetence, misbehavior, inefficiency or ineptitude etc;
3. To help set up and build complaint-handling capacity in the sectors of the public
service registering high incidences of Complaints (including but not limited to the
following areas; health, local authorities, police, lands, financial services etc);
4. To oversee, co-ordinate, monitor and follow up specific action on channeled
complaints;
5. To review regulations, codes of conduct, processes and procedures in the public
service and recommend changes necessary to avoid or reduce complaints;
6. To promote alternative dispute resolution through mediation;
7. To perform any other duties or tasks with regard to complaints, with a view to giving
meaningful effect to the same;
8. To ascertain whether on the face of it, there is merit in a complaint, and thereafter to
act on the complaint appropriately, which may include channeling it to the
responsible department of government for action;
9. To recommend, where the committee deems fit so to do, compensation or other
remedial action against Government or a public body or officer over any or some of
the complaints the committee attends to;
10
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. In this way, the PCSC does not allow or admit lacunae,
or black holes in public service-delivery where it might be said that nothing can be
done or
that
nobody
responsible
11
can
be
identified.
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 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;
iii.
The relevant administrative intervention channels need to have been

exhausted;
iv.
The complaint must not question the merits of a Courts ruling or judgment;
and
v.
The complaint must not question the legislative process in Parliament.
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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. The PCSC also conducts inquiries on its own
initiative in suitable cases.
2.1
Lodging a Complaint
Complaints are received by the PCSC through personal visits to PCSCs offices,
email, telephone calls and postal mail. In PCSCs experience, the preferred way of
contacting the PCSC is through personal visits. However, a small but growing
number of complaints is received via PCSCs online complaint forms.
Complainants initiate complaints with the PCSC by logging their complaint through
a Complaints Form - PCSC Form 1. A Complainant is required to provide the
following information;
(a) Complainants name and contact information.
(b) The Public institution or officer complained against.
(c) A Summary of the complaint.
(d) A Statement on exhaustion of other available remedies.
(e) The action expected from the PCSC.
(f) Copies of relevant documentation to support the complaint.
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 interests of the Complainant to
provide all relevant information.
2.2
The Complaints-handling Process
All complaints are registered and acknowledged. The complaints are then assessed
in order to determine if they fall within the PCSCs mandate. Straightforward
complaints are handled at the intake stage, usually by informally contacting the
Government Department complained against. This may involve telephone inquiries
seeking preliminary information on the complaint or referring the Complainant to
the Department for further assistance.
13
The Process
Complaint Received by PCSC
(Personal visits, telephone, postal mail, email, referrals)
Assessment Stage
Complaint is examined
against PCSCs mandate.

Response reveals no
Maladministration by
Public Institution
A detailed explanation
is issued to the
Complainant
explaining the PCSCs
decision not to initiate
further inquiries. The
complaint is closed.
Inquiry Stage
Allocated to a Case Officer
Enquiries initiated with
the public institution
concerned or complaints
channeled to the
appropriate Government
Agency.
Institutions response
considered in detail
Response reveals wrong
doing by public
institution.
Not Within PCSC mandate

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

Complaint reviewed with
Complainant
Public institution given
opportunity to comment on
the
Complainants
response.
PCSC reaches its findings and seeks a

meeting with the public institution or officer
involved to resolve the complaint.
Quarterly reporting on all complaints received and their fate.
14
Assessment Stage
Each complaint is checked to ensure that;
The institution or person complained of falls within PCSCs jurisdiction ;
The matter complained of is within PCSCs jurisdiction;
The complaint has been lodged with the public institution concerned;
Sufficient information has been provided regarding the complaint; and
The complaint is not before the courts or another adjudicative body.
Where one or more of the above is not satisfied, PCSC writes to the Complainant
explaining why PCSC cannot initiate inquiries. Where appropriate, the letter will
detail a course of action which may be appropriate to the Complainant, such as
reference to a more appropriate Government Department, a request for further
details or reference to the internal complaints procedure of the public institution or
officer concerned.
Where a complaint satisfies the above requirements PCSC initiates inquiries with
the relevant Government Department.
Inquiry Stage
The purpose of the inquiry is to ascertain whether there is an instance of
maladministration by the public body concerned. The first step is to make detailed
inquiries to the public body. These inquiries usually take the form of a written
request for information to the Permanent Secretary or Chief Executive Officer of the
public institution concerned. Once these inquiries have been completed, a decision
is taken on to the appropriate course of action for each complaint. The possible
outcomes are;
Where there is no evidence of maladministration by the public institution

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

inquiries.
If, at the inquiry stage the maladministration and the injustice caused to the
Complainant can be readily identified, the PCSC writes to the public institution or
officer outlining the maladministration identified and suggesting an appropriate
remedy. If the proposed remedy is accepted, the complaint is quickly resolved.
However, if the proposed remedy is not accepted, the PCSC initiates further
inquiries.
15
Further Inquiries Stage

At this point, the complaint is reviewed with the Complainant. The public
institution or officer concerned is given an opportunity to comment on the facts as
presented, PCSCs findings and the redress recommended. Upon receipt of any
comments from the public institution or officer concerned, PCSC advises both the
Complainant and the public institution or officer concerned.
2.3
Analysis of Complaints-handling in the Quarter
During the Quarter, PCSC dealt with 909 Complaints. 270 of these were new
Complaints received in the Quarter while 639 were on-going inquiries carried
forward from previous Quarters.
In this Quarter, 269 of the 270 complaints, or 99% of the complaints received, were
within PCSCs mandate while 1%, or 1 complaint, was outside PCSCs mandate. Of
the 270 complaints received in the Quarter, action was taken and Inquiries initiated
in 43 complaints. 227 complaints were carried forward to the next reporting period.
Of the Complaints received in the Quarter, 28% originated from Nairobi Province,
followed by 22% from Central Province. Notably, Coast and North Eastern
Provinces recorded the least number of complaints. A full analysis of the
geographical distribution of complaints is provided in Chapter Three.
Despite a reduction in the total number of complaints received against the Kenya
Police, the Department still recorded the highest number of complaints at 14%
followed by the Ministry of Lands at 12%.
The main categories of complaints were avoidable delay at 28%, misuse of office at
22% and injustice at 16%.
2.4
Selected Complaints Reviews
The following complaint reviews focus on particular complaints handled in the

Quarter that provide examples of the diversity of complaint-issues received, the
measures taken by the PCSC to resolve individual complaints and the steps taken to
address general administrative problems across the public sector and Government.
2.4.1
Complaints Where Advice were provided
The PCSC may decline to inquire into a complaint for a number of reasons. PCSCs
jurisdiction is limited to inquiring into complaints about administrative decisions
and actions of public institutions and officers. When declining to investigate
complaints that do not meet the PCSCs admissibility requirements, the PCSC
advises the Complainant of other available avenues for redress, review or appeal.
16
Breach of integrity by an advocate

The Complainant alleged that he had obtained a court judgment for Ksh. 105,000/=.
However, the advocate on record only forwarded Kshs. 40,000/= to the
Complainant. The Complainant approached the PCSC seeking to have the advocate
compelled to pay him the balance. He also sought legal representation by the PCSC.
As the complaint was not against a public institution or officer, the Committee
advised the Complainant to lodge the complaint with the Advocates Complaints
Commission and to contact the National Legal Aid & Awareness Programme of the
Ministry of Justice, National Cohesion, and Constitutional Affairs for legal
representation. The PCSC is following up to ensure that the Advocates Complaints
Commission accords the Complainant satisfactory assistance.
In instances where the Complainant contacts PCSC without first contacting the
public institution complained against, the Committee advises the Complainant to
first seek resolution of the complaint by the public institution concerned. This
requirement is important as it gives Notice to the concerned institution and gives it
a chance to resolve the complaint before the matter comes to the PCSC.
Inattention by the Police
A Complainant lodged a complaint alleging that a police officer who had been
instructed to prosecute a Chief had failed to initiate the prosecution. The PCSC
considered that the Complainant had prematurely contacted the PCSC since the
complaint had not been lodged with the Police Complaints Department. The
Complainant was advised accordingly.
2.4.2
Complaints Determined to be Without Merit
In the Quarter, some complaints assessed and determined to be within the PCSCs
mandate, while technically admissible, did not reveal any instance of
maladministration. The complaints were closed and the Complainants advised
accordingly.
Allegations of Wrongful Dismissal
The Complainant alleged that he was dismissed from the University of Nairobi
because he raised allegations of corruption within the University. The Complainant
further alleged that his dismissal had been adjudicated upon by the court and
judgment entered ordering his reinstatement. However, the University of Nairobi
disregarded the Court Order. The PCSC reviewed the supporting documents
provided by the Complainant and noted that the Court Order only ordered the
University to pay the Complainants pension benefits and a refund of 50% deducted
from his benefits. The Complainant confirmed that he had been paid the benefits
and refunded the 50% deductions. The Committee wrote to the Complainant
17
advising that there was no merit in the complaint since the University had acted as
instructed by the Court.
2.4.3
Complaints settled by the Public Institution
In most instances, the PCSC strives to achieve a positive outcome that is satisfactory
to both the Complainant and the public institution or public officer complained
against. Below are examples of complaints which were settled by the public
institution concerned to the satisfaction of the Complainant.
Inattention by the police
A complaint was lodged in relation to failure by the Police to take action against
matatus plying Mpaka Road, Westlands. The Complainant alleged that the matatus
were causing noise pollution by hooting unnecessarily and playing loud music,
which was negatively affecting the Complainants business. The Complainant
further alleged that he had lodged the complaint with the Police on several
occasions but no action had been taken. The Committee initiated inquiries with the
Police Department. Following inquiries, the Police Department investigated the
allegations and deployed 4 police officers to specifically man Mpaka Road on a
daily basis. Subsequently, the Police Department informed PCSC that 23 cases had
been prosecuted and the offenders fined for various traffic offences. The
Complainant confirmed to PCSC that the matatu menace had ended. PCSC
considered the Complaint resolved satisfactorily.
Wrongful Suspension from Employment
A Complainant contacted the Committee alleging that his suspension from
employment by the Nairobi Water and Sewerage Company was wrongful. The
Complainant alleged that the suspension was premised on his failure to report to
work following a transfer to a new duty station. The Complainant alleged that he
could not relocate to the new duty station due to security concerns. He further
alleged that he was not issued with a Show Cause letter prior to the suspension. The
Committee took the view that the circumstances revealed an instance of Injustice
and initiated inquiries with the Nairobi Water and Sewerage Company. Following
consultations between the Committee and the Nairobi Water and Sewerage
Company, the Complainant was reinstated to employment.
18
Delay in Issuing a Certificate of Good Conduct

The Complainant applied for a Certificate of Good Conduct from the Criminal
Investigations Department (CID) in October 2007. He was advised to wait for four
weeks. In November 2008, the Complainant contacted the Committee alleging that
despite numerous visits to the CID, he had not received his Certificate of Good
Conduct. PCSC wrote to the CID inquiring into the reasons for delay. In response,
the CID explained the reasons for the delay and informed the PCSC that the
Complainants Certificate was ready for collection. PCSC advised the Complainant
accordingly and subsequently, the Complainant confirmed that he had collected the
Certificate. Despite the fact that the reasons for the delay were unjustifiable, PCSC
considered the Complaint satisfactorily resolved as the Complainant had received
the Certificate. The issue of the need to fully automate and computerize the
operational processes of the CID and the Kenya Police Department as a whole has
already been taken up by the PCSC in the last Quarter. It is hoped that reforms will
be effected in this area shortly, otherwise such complaints will continue recurring.
Wrongful Termination
The Complainant contacted PCSC alleging that her termination from employment
by the Masaku County Council was wrongful. In particular, the Complainant
alleged that there were errors of fact in the decision that formed the basis for her
termination; that her appeal was declined without consideration; and that a report
by her immediate supervisor absolving her from maladministration was ignored.
The Committee felt that there was administrative injustice and initiated inquiries
with the Masaku County Council. Subsequently the Council reconsidered the case,
reinstated the Complainant, and paid all her dues. PCSC considered the complaint
satisfactorily resolved.
Delay in Payment of Pension Benefits

The Complainant in this case was dissatisfied with the Pensions Department for
excessive delay in payment of her payment benefits. The Complainant alleged that
since March 2005, she had been following up on the payments of the benefits and
had not received the same by September 2008 when she contacted the PCSC. PCSC
initiated inquiries with the Pensions Department. The Pensions Department
informed PCSC that the delay was occasioned by failure of the Complainant to
inform the Pensions Department of her new pay point. The PCSC advised the
Complainant to submit her new pay point to the Pensions Department.
Subsequently the Complainant confirmed to the PCSC that she had received her
pension benefits. The Complaint was considered satisfactorily resolved.
19
2.4.4
Complaints that Revealed no Maladministration
In some complaints, PCSCs inquiries did not reveal any maladministration by the
public institution complained against. In such cases, the Committee decided that no
further inquiries were called for and closed the complaints.
Alleged Delay in Hearing a Death Inquest
The complaint related to alleged reluctance and generally inaction by police officers
to investigate and facilitate the Hearing of an Inquest. The Complainant alleged that
despite witnesses being bonded on several occasions, the Hearing had failed to
proceed and that police officers were claiming that the police file was missing. The
Complainant felt that there was a deliberate attempt by the police to subvert justice.
PCSC initiated inquiries with the Commissioner of Police seeking clarification on
the issues raised. The Commissioner of Police wrote back to the PCSC explaining
that the Inquest had failed to proceed on two occasions because the court had failed
to sit and on a third occasion because the presiding Magistrate had been transferred
to another station. The Commissioner further clarified that the police file was safely
with the Officer-in-Charge of the investigating police station and advised that the
Complainants should contact the Officer-in-charge if they were dissatisfied with the
handling of the Inquest. PCSC considered that there was no instance of
maladministration by the Kenya Police Department and advised the Complainant
accordingly.
Breach of Integrity by the National Aids Control Council
The Committee received a Complaint against the National Aids Control Council
(NACC) from a Youth Self Help Group. The Complaint related to disbursement of
funds to the Youth Group by the NACC. The Complainants alleged that they had
entered into a contract with NACC for an approved grant payable in two
installments. However, the Group alleged that NACC only disbursed the first
installment despite the fact that the Complainants fulfilled all the requirements for
the second installment. The Complainants alleged that failure by NACC to disburse
the second installment had tarnished the image of the Youth Group and also
negatively affected the beneficiaries of its activities. PCSC initiated inquiries with
the NACC. In response, the NACC clarified that the project under which the
Complainants grant was approved ended in December 2005 and communication on
the closure was done in both the print and electronic media. NACC further pointed
out that the contract contained a clause that the disbursement of the funds was
subject to the funds being availed for the project and that in view of the fact that the
project ended, further disbursements could not be done. NACC also advised that
the Complainants could apply for the Second Round the funding upon
advertisement in the usual way. The Committee considered the explanation
satisfactory, advised the Complainant accordingly, and closed the complaint.
20
2.4.5
Complaints where an Explanation was Provided
In the Quarter, some responses to the PCSCs inquiries were considered satisfactory
explanations on the action the public institution had taken to redress the complaint.
Inattention by the Ministry of Roads
A complaint was lodged against the Ministry of Roads relating to construction of a
manhole on Langata Road that was discharging rainwater runoff directly into
Uhuru Gardens Estate. The Complainants alleged that the run-off drained into the
houses located in the lower part of the estate thereby inconveniencing residents and
weakening the building structures. The Complainants further alleged that they had
reported the matter to the Provincial Roads Engineer but no action had been taken.
PCSC wrote to the Ministry of Roads asking the Ministry to take the necessary
action to redress the complaint. The Ministry wrote back to the PCSC explaining the
cause of the water run-off and stating the action the Ministry was taking to address
the complaint. The Complainants subsequently confirmed that the Ministry had
commenced maintenance works to address the Complaint. PCSC considered the
explanation satisfactory and is following up to ensure that the complaint is fully
resolved.
2.4.6 Complaints where PCSC Initiated Further Inquiries

Some responses to PCSCs inquiries were either not satisfactory or partially
addressed the issues that the PCSC had raised. PCSC invited the Complainant to
make comments on these responses and initiated further inquiries with the public
institution concerned.
Wrongful Retirement
The complaint was lodged against the Ministry of State for Provincial
Administration and Internal Security over wrongful retirement. The Complainant
alleged that in 1994, he was interdicted following allegations of corruption against
him. Later, he was exonerated of the allegations and the interdiction lifted. In 1998,
the Complainant was once again interdicted on allegations of misconduct and
malpractices. He was exonerated on some of the allegations, severely reprimanded
for others and the interdiction lifted. However, in June 2006 the Ministry of
Provincial Administration and Internal Security retired the Complainant in the
public interest for the same offences that he had been exonerated on and
reprimanded. PCSC considered that there was an instance of procedural injustice
revealed by the complaint and initiated inquiries with the Ministry of Provincial
Administration and Internal Security seeking clarification on the issues raised by
the Complainant. The Ministry wrote to PCSC stating that the Complainant was
retired through a decision by the Ministerial Human Resources Management
21
Advisory Committee and that the Public Service Commission had reviewed the case
and upheld the retirement. The Committee took the view that the Ministry did not
address the issues raised in the PCSCs inquiries and has initiated further inquiries
with the Ministry.
Non- Payment of Pension Benefits
The Complainant alleged failure to facilitate payment of his pension benefits by the
Ministry of Information and Communication on the basis that the Ministry could
not trace his Personnel file which contained the Complainants employment details.
The PCSC initiated inquiries with the Ministry. The Ministry wrote to the PCSC
indicating that the Complainants documents got lost when the Ministry was being
merged and that a skeleton file had been constructed but was lacking vital
documents, which the Ministry wanted the Complainant to provide. PCSC
forwarded the response to the Complainant who explained that he lost his personal
documents in a house fire. The PCSC took the view that the Ministry cannot be
absolved from responsibility since it is the duty of the Government to keep all
personnel records safely at all times. The PCSC is pursuing the Ministry to provide
an appropriate solution to payment of the Complainants pension benefits, as the
lack of documentation is not his fault.
Failure by NSSF to pay Withdrawal Benefits

The Complainant alleged that he was an employee of the Ministry of Environment
and Natural Resources between 1973 1996, during which time he made
contributions to the National Social and Security Fund (NSSF). However, his
contributions for the years 1977, 1982, 1983, 1984, 1985, 1986, 1995 & 1996 were not
programmed in the NSSF computer system. The result of this omission was that the
Complainant was not paid his benefits. PCSC initiated inquiries with the NSSFs
Managing Trustee who explained that the NSSF had written to the Complainant on
several occasions requesting him to provide evidence of contribution for the periods
1973-1977 and 19811982, but that the Complainant had not responded. The PCSC
took the view that it is the responsibility of the NSSF to keep records relating to
member contributions safely, and failure by NSSF to maintain such records should
not adversely affect the Complainant. PCSC is pursuing the NSSF in this regard.
22
2.4.7
Complaints that have been Reconsidered
Unfair Dismissal from the Police Force, Reinstatement and Subsequent Removal
The Complainant approached the PCSC in September 2008 alleging unfair/
wrongful dismissal from the Police Force. The Complainant, a police driver, alleged
that in August 2004, he was assaulted by a Base Commander and by a Chief
Inspector who was the Officer Commanding the Station which he was attached to.
The Complainant sustained serious injuries that left him bedridden for three (3)
years. During the period of convalescence, the Complainant was charged with
desertion of duty and consequently dismissed from the Police Force. In October
2008, PCSC initiated inquiries with the Commissioner of Police. Following PCSCs
inquiries, the Complainant was reinstated back to work on 11th May 2009 and
posted to a duty station. PCSC then closed the complaint as it was considered
satisfactorily resolved. However, on 12th May 2009 the Complainant received a letter
from the Police Force asking him to show cause why he should not be removed
from the Police Force. The Complainant responded to the letter but he was
subsequently informed, through a letter dated 25th June 2009, that his response was
not satisfactory and that he had been retired from the Police Force with effect from
29th July 2009. In the letter, he was advised to appeal against the removal to the
Commissioner of Police within seven (7) days. The Complainant informed the PCSC
of these developments. PCSC advised the Complainant to appeal against the
removal from the Police Force, reopened the Complaint and initiated further
inquires with the Police Department.
2.4.8
Complaints where PCSC Promoted Mediation and Recommended

Compensation
Kenya Gazette Notice 5826 of 29th June 2007 empowers the PCSC, in performance of its
functions;
(vi)
To promote alternative dispute resolution through mediation; and
(ix)
To recommend, where the Committee deems fit so to do, compensation or

other remedial action against Government or public body or officer over any
or some of the complaints the Committee attends to;
23
The complaint related to supply of a water purification system to the Kenya Bureau
of Standards (KEBS) in February 2004. The Complainant delivered the system based
on an agreement that it would be used for demonstration purposes and
bacteriological laboratory tests for a period of one week. However, KEBS continued
to use the water distiller after the expiry of one week under the guise that they were
processing the Complainants payments. In June 2004, KEBS made a written
undertaking to pay the Complainant a sum of Kshs. 289,600/= after certain internal
procurement procedures were completed. Subsequently, in August 2004 KEBS
wrote to the Complainant declining to pay on the grounds that certain procurement
procedures were not adhered to, making it unprocedural for KEBS to pay. KEBS
therefore asked the Complainant to collect the water distiller from their premises.
The complaint was lodged with the PCSC in August 2008. PCSC initiated inquiries
with the KEBS in September 2008. In response, KEBS indicated that the
Complainant failed to collect the water distiller after seven days and that the
Complainant had delivered the water distiller on his own will without the
prompting of KEBS. However, PCSC opined that there was manifest injustice and
invited the KEBS and the Complainant to a mediation meeting. At the mediation,
PCSC proposed compensation for depreciation for the water distiller for the period
that KEBS wrongly retained and used it. The recommendation was accepted by
KEBS and the Complainant was compensated as agreed. PCSC considered the
Complaint satisfactorily resolved.
24
2.5
Letters of Appreciation from Complainants
25
26
27
28
2.6
Broader Aspects of Complaints-handling
Review of complaints often indicates serious or systemic problems in Government

Departments that need to be addressed to improve their administrative practices
and procedures. A systemic problem is one where a structural defect in an agencys
administrative processes, rather than an error in judgment by a public officer,
causes or contributes proximally to a complaint.
PCSC continues to attach great importance to taking a proactive approach to
resolving systemic issues and pointing out major administrative problems and
concerns in public service delivery. To this end, the following activities were
undertaken.
Performance Contracting 2009/10 Guidelines
All Government Departments and Agencies have today developed service charters.
These charters make commitments on the standards of service that the public
should expect. They also provide the mechanisms of redress if the standards are not
met. Ensuring that complaints are handled effectively and that the right of redress is
upheld is a fundamental feature of effective service delivery.
How well complaints are handled is a key indicator of quality in the public services
at both systemic and service-recipient levels. Procedures that are easily accessible,
simple to invoke and operate, transparent and ensure the public is kept informed
build confidence in public service delivery.
In the Quarter under review, the PCSC initiated a significant initiative with the
Office of the Prime Minister, Department of Public Sector Reforms and Performance
Contracting, whereby timely and effective resolution of public complaints is now a
measurable indicator affecting the ranking of Ministries and Public Institutions in
the Performance Contracting cycle. More than anything else, this development will
go a long way towards accelerating the pace of public sector reforms and
addressing existing negative attitudes to complaints-handling in the public service.
Task Force on Police Reforms
While the PCSCs fundamental role is to examine individual complaints against
public institutions and public officers, there is often the added value that PCSC
develops from the complaints-examination process which unearths systemic
problems brought to light through individual complaints.
29
A second benefit is that responses in individual complaints feed into the systemic
level by highlighting issues that need further examination by specialist teams.
Based on lessons learned from individual complaints against the Police Department,
the PCSC made representations to the Police Task Force Reforms Committee, some
of which are
Restructuring of the Kenya Police Service.
Establishment of an independent Police Oversight Body.
Review of the Kenya Police internal bureaucracy to remove unnecessary
procedures.
Improvement of Service Delivery through better relations and partnerships
with local communities.
Improving and strengthening the structures and systems that support the
Police.
Increasing resource allocation to the Kenya Police for improved performance.
Divorce the Kenya Police from political interference and its disastrous
consequence on the rule of law.
The Public Service Commission
A significant number of complaints received by the PCSC relate to allegations of
Unfair Dismissal by the Public Service Commission. Most Complainants allege that
they were never given an opportunity to present their cases/ matters in person
before the Public Service Commission. In addition, there have been numerous
complaints relating to decisions made by the Public Service Commission.
The Public Service Commission has consistently maintained that it is not obliged to
give reasons for the decisions it makes. This is a position that the PCSC cannot agree
with. It flies in the face of Natural Justice for a body that makes decisions that affect
livelihoods and careers to make decisions thereon without giving or stating reasons.
Even Courts of law are obliged to provide or state the reasons for reaching the
decisions they do in matters before them. It therefore stands to reason that all bodies
exercising such powers must record the reasons underpinning their decisions for
two main purposes; first, to dispense with any appearance of arbitrariness, bias or
unfairness; and secondly, to enable an external review of the correctness of the
decision reached by the body.
The systemic attitude adopted by the Public Service Commission, where it proceeds
from the basis that it can do no wrong and makes no mistakes, has little to
commend itself where service-delivery in the public sector is concerned.
30
It is PCSCs opinion that notwithstanding the Constitutional provisions that

establish the Public Service Commission, it is subject to administrative oversight
from the PCSC.
The invitation to sue, or commence litigation, that is often extended by the Public
Service Commission to Complainants, is an example of the very instances of
maladministration that the PCSC/Ombudsman was established to deal with. A
reduction of litigation, especially when it is avoidable, is a key component of Public
Sector Reforms. Considering the importance of the Public Service Commission as
the main employer in the public service, this approach needs urgent re-evaluation.
The following are illustrative complaints.
Unfair Rescission of Terms of Service
A complaint was lodged against the Pensions Department regarding payment of the
Complainants retirement benefits. The Complainant alleged that while she was in
the service in the Ministry of Health, her terms of service were converted from
Contractual to Permanent and Pensionable in September 1996. However, upon
retirement, the Pensions Department declined to pay her benefits on the ground
that her terms of service were Contractual. The PCSC took the view that this
constituted a clear case of Injustice and initiated inquiries with the Pensions
Department. The Pensions Department clarified that it was the Public Service
Commission that rescinded its earlier decision on the conversion of the
Complainants terms of service to Permanent and Pensionable. The PCSC has
initiated further inquiries with the Public Service Commission on the reasons for
rescinding the Complainants conversion of terms, and is awaiting a response.
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.
31
Pyramid Schemes
In the last Quarterly Report, the PCSC pointed out that pyramid schemes were
under consideration and that the PCSC had made representations to the Task Force
on Pyramid Schemes. Since then, the PCSC notes with appreciation that the Minister
for Finance, in his budget speech, undertook to ensure that legislation is enacted
outlawing both pyramid schemes and participation in pyramid scheme activities.
Upon a review of the Report of the Task Force on Pyramid Schemes, PCSC will take
appropriate action where necessary.
Liaison with Public Sector Agencies
The PCSC continued to develop effective liaison arrangements with public
institutions, including other oversight agencies, where a Departmental officer (s) is
nominated as the point of contact for PCSCs inquiries. Such arrangements have
facilitated the PCSCs preliminary inquiries as well as PCSCs attempts to resolve
complaints informally and through mediation. These liaison arrangements also
mean that the PCSC can refer Complainants to the appropriate officers in these
institutions when the complaint is assessed by the PCSC as premature.
As reported in the last Quarterly Report, the PCSC has established formal liaison
arrangements with the Ministry of Labour and Human Resource Development, the
Ministry of Cooperative Development and Marketing and the Kenya Police
Department. The arrangements continued to work well in the Quarter.
In the instant Quarter, the PCSC held meetings with the Permanent Secretary,
Ministry of Information and Communications, following which the Committee was
able to obtain pertinent information on outstanding complaints against the Ministry.
In addition, the Committee held meetings with the Police Complaints Department,
with the Kenya Power and Lighting Company and with the Ministry of State for
Defence to discuss modalities of handling PCSCs inquiries. .
2.7
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 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
32
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
PCSCs 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, if not to resolve it altogether.
As the list shows, the cavalier attitude to official correspondence by some public
institutions and public officers 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?
It is useful to bear in mind that an institution may be condemned not because it is

incurably non-reformist, but because its management is wanting in reform
credentials. Consequently, care ought to be taken not to wield the list of nonresponsive public institutions as a blunt instrument; rather, the peculiarities and
dynamism of public sector management ought to be borne in mind at all times.
Having said that, the PCSC hastens to commend public institutions and officers that
respond to inquiries timeously and that collaborate with the Committee to improve
service-delivery.
33
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 1: Non-Responsive Government Institutions
PUBLIC INSTITUTION
Kenya Police
Ministry of Local Government
Provincial Administration
Ministry of Labour
Ministry of Lands
State Law Office
Ministry of State for Defence
Judiciary
Teachers Service Commission
Ministry of Education
Pensions Department
Ministry of Transport
Ministry of Finance
Advocates
Complaints
Commission
Public Service Commission
Ministry of Medical Services
Kenya Revenue Authority
Ministry of Agriculture
Office of the Vice-President
and Ministry of Home Affairs
Ministry of Public Works
Ministry of Wildlife and
Forestry
Ministry
of
State
for
Immigration and Registration
of Persons
Ministry
of
Water
and
Irrigation
Ministry of Information and
Communications
Kenya Power & Lighting
Company
No. OF PCSC INQUIRIES

NOT RESPONDED TO
104
77
55
46
32
19
17
16
14
12
11
10
7
34
PERCENTAGE
21
15.4
11
9
6
4
3
3
3
2
2
2
1
6
6
5
5
1
1
1
1
PUBLIC INSTITUTION

NOT RESPONDED TO
Ministry of Gender, Children

and Social Affairs
Ministry
of
Cooperative
Development and Marketing
Ministry of Roads
Ministry of Higher Education
Ministry of National Heritage
and Culture
Ministry of Environment and
Natural Resources
Ministry
of
Livestock
Development
Ministry of Industrialization
Ministry of Justice, National
Cohesion and Constitutional
Affairs
Ministry of Housing
Ministry of Foreign Affairs
Ministry of Youth Affairs and
Sports
TOTAL
35
PERCENTAGE
3
2
1
0.4
0.4
0.4
0.4
0.2
0.2
1
1
0.2
0.2
0.2
498
100%
PCSC INQUIRIES NOT RESPONDED TO FOR 3-6 MONTHS

Of the 498 inquiries made by the PCSC set out above, the following listing
comprises those public institutions that have NOT responded at all for 3-6 months.
TABLE 2: Inquiries Not Responded To For 3-6 Months
PUBLIC INSTITUTION
Kenya Police
Ministry of Labour
Ministry of Lands
Judiciary
State Law Office
Ministry of Agriculture
Pensions Department
Ministry of Finance
Ministry
of
Water
and
Irrigation
Public Service Commission of
Kenya
Kenya Power & Lighting Co.
Forestry
Ministry
of
Cooperative
Ministry
of
Livestock
Development
Telkom Kenya
Office of the VP & Ministry of
Home Affairs
NO. OF PCSC INQUIRIES

NOT RESPONDED TO
40
28
18
17
13
9
9
6
6
6
6
5
4
4
3
PERCENTAGE
1.5
1.5
1.5
2
2
1
1
0.5
36
20
14
9
8
6
4
4
3
3
3
3
2.5
2
2
1.5
PUBLIC INSTITUTION
Ministry of Housing
Natural Resource
and Culture
Ministry of Youth Affairs and
Sports
Ministry of Roads
Ministry of Justice, National
Cohesion and Constitutional
Affairs
Ministry
of
State
For
of Persons
TOTAL

NOT RESPONDED TO
1
1
PERCENTAGE
0.5
0.5
0.5
0.5
0.5
0.5
204
100%
37
0.5
0.5

The following provides a listing of public institutions that have NOT responded to
PCSCs inquiries for duration of 7-9 months.
PUBLIC INSTITUTION

NOT RESPONDED TO
55
PERCENTA
GE
23
Kenya Police
53
22
31
13
Ministry of Labour
16
Ministry of Lands
13
11
State Law Office
Judiciary
2.5
2.5
Pensions Department
Office of the Vice-President

and Ministry of Home Affairs
Ministry of Finance

Public Service Commission
Ministry
of
State
for
of Persons
Communications
Forestry
Ministry
of
Water
and
Irrigation
3
2
1
1
0.4
0.4
0.4
Advocates
Complaints
Commission
38
PUBLIC INSTITUTION
Ministry of Roads
Ministry of Industrialization
and Social Affairs
Ministry of Foreign Affairs
and Culture
Ministry
of
Cooperative
Kenya Power & Lighting
Company

NOT RESPONDED TO
1
1
PERCENTA
GE
0.4
0.4
0.4
0.4
0.4
0.4
0.4
242
100%
TOTAL

The following provides a listing of public institutions that have NOT responded to
PCSCs inquiries for between 10 months and 1 year (12 months).
PUBLIC INSTITUTION
Kenya Police
Ministry of Lands
Ministry of Labour
Pensions Department
State Law Office
Judiciary
NO. OF PCSC INQUIRIES NOT

RESPONDED TO
8
5
4
2
2
2
2
1
PERCENTA
GE
25
16
13
6
6
6
6
3

and Social Affairs
39
PUBLIC INSTITUTION
Ministry of Wildlife
Forestry
Kenya
Institute
Administration
Ministry of Finance
NO. OF PCSC INQUIRIES NOT

RESPONDED TO
PERCENTA
GE
and
of
TOTAL
32
PCSC INQUIRIES NOT RESPONDED FOR OVER
100%
ONE YEAR
The following institutions have not responded to specific inquiries for over one
year.
TABLE 5: Inquiries Not Responded To For OVER ONE YEAR
PUBLIC INSTITUTION
Ministry of Lands
Kenya Police
Pensions Department
Natural Resource
Ministry of Roads
Ministry
of
State
For
of Persons

NOT RESPONDED TO
4
3
2
2
2
1
1
PERCENTAGE
1
1
1
5
5
5
20
100%

and Social Affairs
TOTAL
40
20
15
10
10
10
5
5
CHAPTER THREE
3.0
STATISTICAL ANALYSIS
3.1
Complaints Received
In this Quarter, PCSC received a total of 270 new complaints. 90 complaints were
received in April 2009, 81 in May 2009 and 99 in June 2009 as shown in the table
below.
TABLE 1: Complaints received in the Quarter
MONTH
NUMBER
PERCENTAGE
April
90
33
May
81
30
June
99
37
TOTAL
270
100%
TABLE 2: Statistical Summary

NO
1.
CATEGORY
Total number of complaints received by PCSC from
TOTAL
1,720
371
22
1,349
78
July 2007 to 30th June 2009

2.
Number of matters resolved from July 2007 to 30th

June 2009
3.
Number of ongoing inquiries from July 2007 to 30th

June 2009
3.2 Classification of Complaints Received by PCSC Mandate
Within mandate: 269 (99.6 %)
Outside mandate: 1 (0.4%)
41
FIGURE 1: Distribution of Complaints According to the PCSC mandate.
Proportion of complaints within and outside PCSC mandate

Outside mandate
0.4%
Within mandate
99.6%
3.3
Analysis According to Action Taken by PCSC
TABLE 3: Analysis on Processing of Complaints Received
No.
CATEGORY
1.
Complaints where inquiries were initiated.
42
TOTAL
32
12
Complaints channeled to responsible

2.
departments of government for action e.g. The
Police Complaints Department.
3.
Complaints resolved1
4.
Complaints carried over to the quarter.
227
84
TOTAL
270
100%
FIGURE 2: Categorization of Complaints Processed by the PCSC

Carried over to the next
Quarter
84%
Channeled to other
.Govt. Dept
2%
Resolved
2%
Ongoing inquiries
12%
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 referred to other agencies for appropriate
action or redress.
43
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
TABLE 4: Complaints Categories
CATEGORY
NO. OF COMPLAINTS
PERCENTAGE
Delay
76
28
Misuse of Office
59
22
Injustice
44
16
Inattention
34
13
Unethical conduct
19
Incompetence
13
Inefficiency
Others
18
TOTAL
270
100%
44
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. 50% of complaints against the Provincial Administration related to Misuse
of Office, whereas Delay was prominent in Complaints against the Pensions
Department, the Judiciary and the Ministry of Labour. The Complaints received
against the Ministry of Lands were diverse, ranging from delay in settling land
matters, Misuse of Office by various land officers and injustice in settling cases.
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.
FIGURE 3: Graphical Representation of Complaints Categories.
Complaints categories
28%
22%
16%
13%
7%
7%
5%
2%
Delay
Misuse of
Office
Injustice
Inattention
45
Unethical
conduct
Incompetence
Inefficiency
Others
3.5 Analysis Based on Ministries and Public Sector Institutions

TABLE 5: Ministries and Public Sector Institutions Complained Against.
NO. OF
No. PUBLIC INSTITUTION
%
COMPLAINTS
1 Kenya Police
39
14
2 Ministry of Lands
33
12
3 Provincial Administration
30
11
4 Ministry of Labour
25
5 Ministry of Local Government
21
6 The Judiciary
19
7 Pensions Department
14
8 Ministry of Education
9 Ministry of State for Defence
10 Communications
11 State Law Office
12 Teachers Service Commission
13 Ministry of Agriculture
14 Advocates Complaints Commission
15 Ministry of Forestry & Wildlife
16 Ministry of Medical Services
17 Ministry of Roads
18 Ministry of Transport
Ministry of Cooperative
19 Development & Marketing
20 Ministry of Finance
21 Kenya Revenue Authority
46
22 National Social Security Fund
23 Public Service Commission
24 Ministry of Industrialization
25 Ministry of Public Works
26 Contracting
27 Ministry of Energy
28 Ministry of Foreign Affairs
29 Ministry of Livestock Development
Office of the Prime Minister- Public

Sector Reforms and Performance
Ministry of Regional Development
30 Authorities
31 Ministry of Water and Irrigation
32 Constituency Development Fund
33 Kenya National Assurance Co. Ltd
National Environment Management
34 Authority
35 National Youth Service

TOTAL
270
100
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 69,
which represents 25% of the total Complaints received. The Ministry remains at the
top for the fourth Quarter running despite a reduction in the number of complaints
compared to the previous quarter where it recorded 98 complaints.
47
Out of the 69 Complaints received against this Ministry, 39 Complaints were

against the Kenya Police while 30 Complaints were against the Provincial
Administration.
The Ministry of Lands recorded 12% of the total Complaints received. It was
followed by the Ministries of Labour and Local Government with 9% and 8%
respectively.
Other key institutions complained against include the Judiciary with 7%, the
Pensions Department with 5%, the Ministry of Education with 3% and the Ministry
of State for Defence at 3%. Institutions with only one complaint against them
include the Office of the Prime Minister, Public Sector Reforms and Performance
Contracting Department, the Ministries of Energy and Foreign Affairs and The
National Youth Service.
Based on these empirical statistics, some key public service institutions like the
Kenya Police, the Provincial Administration, the Ministry of Local Government 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.
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.
48
FIGURE 4: Graphical Representation of Complaints Received by Ministries and

Public Sector Institutions.
Complaints by Ministries and Public Sector institutions
21%
Others
Min. of Information
Min. of Defence
State Law Office
Min. of Education
Pensions Department
3%
3%
3%
3%
5%
7%
Judiciary
Min. of Local Govt
Min. of Labour
8%
9%
11%
Provincial Admin.
12%
Min. of Lands
14%
Kenya Police
3.6 Analysis of Complaints Based on Provinces.

The highest number of Complaints was received from Nairobi Province at 28%,
followed by Central Province at 22% and Eastern Province at 14%. The least number
of Complaints was received from Coast and North Eastern Provinces at 4% 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 64% 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 6 below.
49
It is regrettable that only 1% of North Eastern Province residents reported their

complaints to PCSC during the Quarter. The figure of 1% does not indicate a deep
satisfaction by the citizens in North Eastern Province with public service delivery;
rather, it graphically illustrates the effect lack of proximity to essential public
services such as the PCSCs has in disenfranchising citizens. In its Provincial tours
in the second Quarter of the last financial year, 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.
TABLE 6: Distribution of Complaints across the Provinces
PROVINCE
Nairobi
NO. RECEIVED
PERCENTAGE
75
28
59
22
Eastern
38
14
Western
36
13
Rift Valley
30
11
Nyanza
19
Coast
10
270
100%
Central
North Eastern
TOTAL
50
FIGURE 5: Graphical Representation of Complaints received by Province
Geographic distribution of complaints received

28%
30%
22%
25%
20%
14%
13%
11%
15%
7%
10%
4%
1%
5%
0%
Nairobi
3.7
Central
Eastern
Western
Rift valley
Province
Nyanza
Coast
Analysis by Mode of Lodging Complaint
TABLE 7: Mode of Lodging Complaints

MODE OF REPORTING
NO. RECEIVED
PERCENTAGE
Personal Visit
173
64
Postal mail
81
30
Referral from other institutions
16
TOTAL
270
100%
51
N/Eastern
FIGURE 6: Graphical Representation of Mode of Reporting Complaints.

Mode of reporting complaints to the PCSC
64%
70%
60%
30%
50%
40%
%
30%
6%
20%
10%
0%
Personal Visit
3.8
Post
Mode
Referrals
Analysis by Gender
TABLE 8: Complaints Distribution by Gender.

GENDER
NUMBER
PERECNTAGE
Male
225
83
Female
32
12
Organizations/Groups
13
TOTAL
270
100%
52
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 PCSCs mandate and encouraged
to lodge their complaints with it. PCSC is specifically targeting women as
Complainants through Civic Education countrywide and through engagements
with women groups, faith and community-based organizations.
FIGURE 7: Graphical Representation of Complaints received by Gender
Complaints distribution by gender
Organizations/Groups
5%
Female
12%
Male
83%
53
3.9
Monthly Analysis of Complaints in the Quarter
TABLE 9: Status of Current Quarter Complaints.

TOTAL
STATUS
APRIL
MAY
JUNE
Inquiries initiated
21
32
12
64
70
93
227
84
90
81
99
270
100%
by the PCSC
Carried over
Complaints
resolved
Channeled
to
other government
institutions
Referred to other
oversight
agencies
TOTAL
54
FIGURE 8: Monthly comparative analysis of the Quarter Complaints

Monthly comparative analysis of complaints processed during the Quarter
93
70
64
21
7
1
April
Ongoing
May
Month
Carried over
June
Resolved
Channeled
3.10 Comparative Analysis by Quarters

TABLE 10: Comparison of Complaints Processed in the 3rd Quarter, 2008/09 and 4th
Quarter 2008/09.
STATUS
Q3
Q4
Inquiries initiated by PCSC
48
14.4
32
12
Carried Over
261
78
227
84
0.3
Complaints channeled to responsible

department of government for action e.g.
The Police Complaints Department.
55
Referred to other oversight agencies e.g.

1
0.3
Resolved by the PCSC
23
TOTAL
334
100%
270
100%
KACC and KNHCR
FIGURE 9: Graphical Representation of Complaints processed in the 3rd & 4th

Quarters of 2008/09.
Complaints processed in the 3rd & 4th Quarters
Ongoing
Resolved
Channeled
84%
78%
Carried over
12%
14.4%
7%
2%
0.3% 2%
0.3% 0%
Referred
3rd Quarter
4th Quarter
56
CHAPTER FOUR
4.0
COMMUNICATION ACTIVITIES
Communication is a vital part of the work of PCSC. This encompasses publicizing

the role of PCSC and the service that PCSC provides through public engagements.
Following an analysis of PCSC complaints by end of the 3rd Quarter, which

indicated that complaints numbers were under-represented in areas outside
Nairobi, the Committee undertook targeted awareness campaigns during the
Quarter to increase awareness of our services. Our key messages reinforced how the
public can access PCSC services and encouraged the public to contact the
Committee if they had complaints concerning the public sector.
4.1
Advocacy and Outreach
In the Quarter, PCSC staff continued to promote outreach services through regional
activities. To this end, the Committee visited Central Province, Eastern Province,
Western Province, and North Eastern Province.
In addition, the Committee conducted training of Community Based Organizations

on the PCSCs mandate, functions and services. The training targeted community
leaders at the grassroots level who were trained in order that they could in turn
train members of the community. This followed a similar initiative in the 2nd
Quarter of the last financial year 2008/2009 in which Committee Members and staff
visited all the provinces.
4.2
Information Technology and Web Presence
The PCSC continues to be hosted on the World Wide Web by the Ministry of Justice,
National Cohesion and Constitutional Affairs on its website. In the next Quarter, the
PCSC will endeavour to establish an independent website dedicated to complaints
57
receiving, processing, managing and communicating. Focus will be on simplicity

and ease of access, together with innovative software and information technology
solutions to harness the full power of modern communications to broaden and
deepen access to the Committees services. .
4.3
Media Activities
Gazette Notice 5826 of June 29th 2007 requires the PCSC in performance of its
functions;
(xii)
To publish Quarterly Report for public information on the number and

nature of complaints received and action taken by the Committee.
To this end, PCSC launched its 3rd Quarterly Report and released the public report
on May 19, 2009. The occasion was graced by the Minister for Justice, National
Cohesion and Constitutional Affairs, Hon.
Mutula Kilonzo and the Assistant
Minister Hon. William Cheptumo. The event was widely covered and reported in
both print and electronic media. The Report was also circulated to all Government
Ministries, Government Departments, Development Partners and the public during
regional activities.
4.4
Information Literature
During the Quarter, PCSC staff distributed easy-to-understand literature and other
Information, Education and Communication material that explain the role and
mandate of the PCSC, how the public can lodge complaints and the services offered.
These are;

PCSC Booklet
PCSC Flyers
PCSC Brochures and
PCSC Quarterly Reports
58
CHAPTER FIVE
5.0
RECOMMENDATIONS
5.1
Recommendations made in the Current Quarter
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.
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.
59
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.
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.
5.2
Recommendations made in Previous Quarters

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.
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;
60
(e) that the Circulars fail to anticipate reasonably foreseeable situations

necessitating payment of special allowances due to exigencies of duty,
thereby encouraging public officers to become creative in their
interpretation of applicable Circulars.
It is therefore strongly recommended that all Administrative Circulars on
Allowances payable to public officers be reviewed and consolidated.
Secondly, oversight by Permanent Secretaries should be improved
dramatically to prevent situations where public officers raise claims, justify
them to themselves and then proceed to pay themselves, often in reliance on
wrong or self-serving interpretations of Administrative Circulars.
MADE IN QUARTERS 1 & 2 OF FY 2008/09:
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.

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
61
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.
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
62
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.
63
ANNEXTURE
No
DATE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1-Apr-09
5-Jun-09
14-Apr-09
2-Jun-09
25-May-09
19-Jun-09
30-Apr-09
26-Jun-09
4-Jun-09
20-Apr-09
6-May-09
3-Apr-09
5-Jun-09
6-Apr-09
16-Jun-09
23-Apr-09
26-Jun-09
8-Apr-09
8-Apr-09
16-Jun-09
14-May-09
25-May-09
5-Jun-09
MODE OF
COMPLAINTS
PUBLIC
NAME
PROVINCE SEX CONTACT CATEGORY
INSTITUTION
MANDATE
MINISTRY OF STATE FOR PROVINCIAL ADMINISTRATION AND INTERNAL SECURITY
KENYA POLICE
Alberto Lumumba Omondi
Nairobi
M
Visit PCSC
Incompetence
Kenya Police
Within
Andrew Mbogo Bunyi
Nairobi
M
Visit PCSC
Misuse of office
Kenya Police
Within
Anna Wambua Mwaa
Eastern
F
Post
Unethical conduct Kenya Police
Within
Benson Irungu Mwangi
Central
M
Visit PCSC
Within
Bernard Munyithya Maithya
Eastern
M
Visit PCSC
Injustice
Kenya Police
Within
Charles Mumo Kyania
Eastern
M
Visit PCSC
Injustice
Kenya Police
Within
Daniel Njenga Njunge
Central
M
Visit PCSC
Misuse of office
Kenya Police
Within
Daniel Waweru Gichu
Nairobi
M
Visit PCSC
Misuse of office
Kenya Police
Within
Dr. Kuto Arap Chesseret
Rift Valley
M
Referral
Within
Elias Njagi Kavanda
Nairobi
M
Visit PCSC
Delay
Kenya Police
Within
Ezekiel Kenyanya
Nairobi
M
Visit PCSC
Delay
Kenya Police
Within
Farid R Hamir- BituTrade
Nairobi
M
Post
Misuse of office
Kenya Police
Within
Gladys Mukasia Shamala
Western
F
Post
Inattention
Kenya Police
Within
Hannah Wairimu Njuguna
Rift Valley
M
Visit PCSC
Inattention
Kenya Police
Within
James Aseri Ongae
Western
M
Post
Maladministration Kenya Police
Within
James Francis Maina Thiongo Rift Valley
M
Visit PCSC
Inattention
Kenya Police
Within
James M Kariuki
Central
M
Post
Delay
Kenya Police
Within
Jendo Wangomba
Nairobi
M
Visit PCSC
Delay
Kenya Police
Within
John Mbithi Tutu
Eastern
M
Visit PCSC
Within
John Otieno Mango
Nyanza
M
Post
Inattention
Kenya Police
Within
Kennedy Akidiva Ghona
Nairobi
M
Visit PCSC
Delay
Kenya Police
Within
Kihara Ruthuku
Central
M
Post
Misuse of office
Kenya Police
Within
Lawrence Kitsao Kalume
Coast
F
Post
Injustice
Kenya Police
Within
64
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
New
Ongoing
Ongoing
New
New
New
Advised
New
New
Ongoing
New
Ongoing
New
Ongoing
New
New
New
New
New
New
New
New
New
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Peter Karingu
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
No
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
DATE
24-Apr-09
2-Jun-09
23-Apr-09
29-Apr-09
19-May-09
4-Jun-09
13-May-09
4-May-09
1-Apr-09
15-Apr-09
9-Jun-09
3-Jun-09
3-Jun-09
2-Apr-09
29-Apr-09
2-Jun-09
NAME
Margaret Wairimu Rwamba
Margret Mumbi
Matinkoe Ole Koonyo
Mbuti Stephen Kingoo
Mwingirwa Joseph M Kibaki
Ngesa Collins John
Paul Kipgentich Kirui
Peter Macharia Ngotho
Peter X I Ojiambo
Phoebe Wangui Gakui
Rahab Nduta Ndungu
Simeon Nderitu P Kanjau
Simon Muhia Njuguna
Thomas Mwita Masubo
Walter A Simiyu
Yussuf Ramadhan Berow
PROVINCE
Central
Nairobi
Rift Valley
Nairobi
Eastern
Western
Rift Valley
Central
Nairobi
Nairobi
Central
Nairobi
Rift Valley
Nyanza
Western
Rift Valley
14-Apr-09
Abdullahi Mohamed Bakero
NEP
MODE OF
COMPLAINTS
SEX CONTACT CATEGORY
F
Visit PCSC
Misuse of office
F
Visit PCSC
Inattention
M
Visit PCSC
Misuse of office
M
Post
Delay
M
Visit PCSC
Misuse of office
M
Visit PCSC
Misuse of office
M
Visit PCSC
Injustice
M
Post
Misuse of office
M
Visit PCSC
Inattention
M
Visit PCSC
Inattention
F
Visit PCSC
Unethical conduct
M
Visit PCSC
Misuse of office
M
Post
Delay
M
Post
Injustice
M
Visit PCSC
Injustice
M
Post
Injustice
PROVINCIAL ADMINISTRATION
M
Referral
Injustice
5-Jun-09
Abdurahim Ali Bakathir
NEP
Visit PCSC
Inattention
6-May-09
Charles Macharia Ndia
Central
Visit PCSC
Breach of integrity
10-Jun-09
Christopher Ndaru Kagina
Eastern
Visit PCSC
Inattention
19-May-09
Dishon Mwabashi Lukeweni
Coast
Post
Misuse of office
16-Apr-09
Enock E Ekulan
Rift Valley
Visit PCSC
Injustice
65
PUBLIC
INSTITUTION
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Kenya Police
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
MANDATE
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
CASE
STATUS
New
New
New
New
New
New
New
Ongoing
New
Ongoing
New
New
New
New
New
New
COMMITTEE
MEMBER INCHARGE
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Peter Karingu
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Within
Ongoing
Grace Madoka
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
No
7
DATE
8-Apr-09
NAME
Francis Mungai
PROVINCE
Nairobi
SEX
M
MODE OF
CONTACT
Visit PCSC
COMPLAINTS
CATEGORY
Delay
8-Jun-09
Geoffrey Mutai
Rift Valley
Post
Misuse of office
22-Apr-09
Eastern
Visit PCSC
Misuse of office
10
12-Jun-09
George Kiteta Wambua &

Others
Gideon Mogire Rogito
Rift Valley
Visit PCSC
Maladministration
11
15-Apr-09
Isaac Butembu Ouna
Nairobi
Visit PCSC
Inattention
12
14-May-09
Issa Aggundey Ramadhan
Rift Valley
Visit PCSC
Injustice
13
15-Apr-09
Javan Oscar Buleemi
Western
Post
Misuse of office
14
24-Apr-09
Jeremiah Waweru Mwangi
Nairobi
Visit PCSC
Incompetence
15
16-Jun-09
Western
Visit PCSC
Misuse of office
16
5-May-09
John Ashihundu & Nicholas

M.
Joseph Muturi Kagwi
Central
Post
Delay
17
26-May-09
Joshua Kipkgetich Mego
Rift Valley
Post
Misuse of office
18
15-Apr-09
Julius Vaiva Muthangya
Eastern
Visit PCSC
Misuse of office
19
13-May-09
Lucy Wanjiru Kiarie
Central
Referral
Misuse of office
20
30-Jun-09
Michael Ndambiri Kaburi
Central
Post
Misuse of office
21
30-Jun-09
Niliginia Nyambura
Macharia
Central
Post
Misuse of office
66
PUBLIC
INSTITUTION
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
MANDATE
Within
CASE
STATUS
New
COMMITTEE
MEMBER INCHARGE
Amb. Simani
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Grace Madoka
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
No
22
DATE
6-May-09
NAME
Nyolo Elders Council
PROVINCE
Nairobi
SEX
M
MODE OF
CONTACT
Post
COMPLAINTS
CATEGORY
Inattention
23
25-Jun-09
Paul M Kigwathi
Nairobi
Post
Misuse of office
24
29-Jun-09
Paul Mutembei Munyua
Eastern
Post
Inattention
25
25-May-09
Richard Maore Maoka
Nairobi
Post
Misuse of office
26
9-Jun-09
Roman Kangethe Nyambura
Central
Visit PCSC
Misuse of office
27
30-Jun-09
Samwell Miano Mehta
Central
Post
Misuse of office
28
19-May-09
Stanslaus Echesa Okoth
Western
Post
Injustice
29
9-Jun-09
Tobias Onyango Okwiri
Nyanza
Referral
Misuse of office
30
29-Apr-09
Walter Munyua Kimani
Central
Visit PCSC
Breach of integrity
1
2
3
4
5
6
7
8
13-May-09
23-Apr-09
3-Jun-09
3-Jun-09
14-May-09
6-May-09
19-May-09
10-Jun-09
Abiudo Onyacha
Alice Wanjiru Nyenga
Ayub Kamande Warui
Charles Peterson Owino
David Kipkosgei Biy
Dickson Karisa Kaniki
Dishon Mwabashi Lukeweni
District Land Disputes
Tribunal Members
Western
Rift Valley
Rift Valley
Nyanza
Rift Valley
Nairobi
Coast
Central
M
F
M
M
M
M
M
MINISTRY OF LANDS
Referral
Injustice
Visit PCSC
Unethical conduct
Visit PCSC
Corruption
Visit PCSC
Incompetence
Visit PCSC
Delay
Referral
Inattention
Post
Misuse of office
Post
Injustice
67
PUBLIC
INSTITUTION
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Provincial
Admin.
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
MANDATE
Within
CASE
STATUS
New
COMMITTEE
MEMBER INCHARGE
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
Ongoing
Grace Madoka
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
Within
Within
Within
Within
Within
Within
Within
New
New
New
New
New
New
New
Advised
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
No
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
DATE
17-Jun-09
19-May-09
6-May-09
4-Jun-09
29-Jun-09
4-May-09
1-Apr-09
15-May-09
7-Apr-09
30-Jun-09
29-Jun-09
15-May-09
7-May-09
22-May-09
17-Jun-09
24-Apr-09
4-Jun-09
22-Apr-09
14-Apr-09
19-May-09
14-Apr-09
27-May-09
27-Apr-09
1-Apr-09
25-Jun-09
NAME
Douglas Kimani Muchaba
Fred Odero
Grace mbuthu Kaberia
Jackson Muinga
John Moga Mudaki
Joseph Kashuru Mumbo
Kangeta Adjudication Section
Linus Omoro Oyayo
Mututah Kamau
Ndungu Mungai & Others
Nelson Ikatwa Sawe
Nguruman Ltd
Omar Ahmed Fakih
Orina William Nyaega
Patroba Jelagat Simatwo
Peter Kangethe Murwa
Peter Warui Wamae
Rugita Dev. & Water Project
Sammy k Mutiso
Shem Livoi Nambita
Shem Livoli Nambita
Sophia Sheunda Ndombera
Tigoni Farm Limited
William Kipkemoi Kirui
William Muia Muli
PROVINCE
Central
Nairobi
Eastern
Eastern
Western
Coast
Eastern
Nyanza
Central
Nairobi
Western
Nairobi
Nairobi
Nairobi
Rift Valley
Nairobi
Rift Valley
Central
Nairobi
Nairobi
Nairobi
Western
Central
Rift Valley
Eastern
SEX
M
M
F
M
M
M
M
M
M
M
M
F
M
M
M
M
M
M
F
M
M
MODE OF
CONTACT
Visit PCSC
Referral
Visit PCSC
Visit PCSC
Post
Referral
Post
Post
Visit PCSC
Visit PCSC
Visit PCSC
Post
Post
Visit PCSC
Visit PCSC
Visit PCSC
Post
Visit PCSC
Referral
Referral
Post
Post
Post
Visit PCSC
Visit PCSC
68
COMPLAINTS
CATEGORY
Delay
Incompetence
Misuse of office
Delay
Inefficiency
Delay
Inattention
Corruption
Misuse of office
Breach of integrity
Delay
Misuse of office
Delay
Misuse of office
Delay
Injustice
Delay
Inefficiency
Delay
Corruption
Inattention
Misuse of office
Injustice
Misuse of office
Misuse of office
PUBLIC
INSTITUTION
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
Min. of Lands
MANDATE
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
CASE
STATUS
New
New
New
New
New
New
New
New
New
New
New
New
Ongoing
New
New
New
New
New
New
New
Ongoing
New
New
New
New
COMMITTEE
MEMBER INCHARGE
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Amb. Simani
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
Peter Karingu
PUBLIC
INSTITUTION
MANDATE
CASE
STATUS
M
M
M
M
M
F
M
M
M
M
M
M
M
M
M
M
M
M
F
M
M
M
MODE OF
COMPLAINTS
CONTACT CATEGORY
MINISTRY OF LABOUR
Visit PCSC
Inattention
Visit PCSC
Inattention
Visit PCSC
Delay
Visit PCSC
Delay
Visit PCSC
Injustice
Visit PCSC
Discourtesy
Visit PCSC
Delay
Visit PCSC
Delay
Visit PCSC
Delay
Visit PCSC
Injustice
Visit PCSC
Inattention
Visit PCSC
Inattention
Visit PCSC
Delay
Visit PCSC
Delay
Visit PCSC
Injustice
Visit PCSC
Delay
Visit PCSC
Injustice
Referral
Delay
Visit PCSC
Inattention
Visit PCSC
Delay
Visit PCSC
Delay
Visit PCSC
Delay
COMMITTEE
MEMBER INCHARGE
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Min. of Labour
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Ongoing
Ongoing
New
Channeled
Channeled
New
Withdrawn
Channeled
New
New
Ongoing
New
New
New
New
New
New
New
New
New
Channeled
New
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
Nafisa Abass
M
M
M
Visit PCSC
Visit PCSC
Visit PCSC
Min. of Labour
Min. of Labour
Min. of Labour
Within
Within
Within
New
Channeled
New
Nafisa Abass
Nafisa Abass
Nafisa Abass
No
DATE
NAME
PROVINCE
SEX
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
9-Apr-09
9-Apr-09
16-Apr-09
29-Apr-09
7-May-09
26-May-09
28-May-09
7-Apr-09
17-Jun-09
25-Jun-09
9-Apr-09
16-Apr-09
25-May-09
16-Jun-09
3-Jun-09
5-Jun-09
10-Jun-09
13-May-09
22-May-09
26-May-09
7-Apr-09
19-May-09
Western
Nairobi
Nairobi
Central
Central
Nairobi
Nairobi
Nairobi
Central
Nairobi
Western
Nairobi
Central
Nairobi
Western
Central
Eastern
Nairobi
Central
Eastern
Nairobi
Western
23
24
25
18-May-09
29-Apr-09
11-Jun-09
Bonface Ajanga Mwale

Boniface Makokha Wanjala
Charles Juma Adulo & Others
Daniel Mwangi
David Muchiri
Elisi Mwai Kitheka
Gideon Mutava
Hortensia Wanjiku Chege
Hosea Ekiru Engomo
Isack Kimwama Omahe
James Masele Likoko
Jared Wekesa Wosula
John Mwaniki Wachira
John Njuguna Rugu
Johnson K Kisala
Joseph Kamau Githio
Joseph Kyule Kasina
Joseph Muchai
Lucy Muthoni Njoroge
Patrick Kiyalo Peter
Peter Okoth Oduo & Others
Sabrom Lando & Stephen
Kimeu
Selilio Njue Njiru
Sesilio Njue Njiru
Simon Kegode Ambembo
Eastern
Eastern
Nairobi
69
Misuse of office
Misuse of office
Inefficiency
No
DATE
NAME
PROVINCE
4-Jun-09
David W. Mwangi
Rift Valley
3-Jun-09
Felesta Negesa Omodo
Western
15-Apr-09
Isaac Isiaho Faro
Rift Valley
18-May-09
Joseph Karingithi Wahome
Rift Valley
18-May-09
Nairobi
22-Apr-09
Kimani Gachuhi & Peter

Mbuthia
Peter N Gachuhi
Central
3-Jun-09
Peter Omondi Ojondo
Central
14-Apr-09
Rex Simiyu Aseli
Western
3-Apr-09
Margaret Gathoni Njuguna
Central
10
6-May-09
Monicah Wathoko Munene
Central
11
29-Jun-09
Nelson Ikatwa Sawe
Western
12
2-Jun-09
Raphael Kariuki Ngondu
Central
13
15-Apr-09
Nairobi
14
14-Apr-09
Abraham Wambugu
Wahome
Alpesh Shah
Nairobi
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
MINISTRY OF LOCAL GOVERNMENT

M
Visit PCSC
Incompetence
Min. of Local
Govt
F
Visit PCSC
Incompetence
Min. of Local
Govt
M
Post
Misuse of office
Min. of Local
Govt
M
Visit PCSC
Misuse of office
Min. of Local
Govt
M
Visit PCSC
Misuse of office
Min. of Local
Govt
M
Visit PCSC
Delay
Min. of Local
Govt
M
Visit PCSC
Delay
Min. of Local
Govt
M
Visit PCSC
Injustice
Min. of Local
Govt
F
Visit PCSC
Misuse of office
Min. of Local
Govt.
F
Visit PCSC
Misuse of office
Min. of Local
Govt.
M
Visit PCSC
Inattention
Min. of Local
Govt.
M
Post
Maladministration Min. of Local
Govt.
M
Visit PCSC
Inattention
Nairobi City
Council
M
Post
Breach of integrity Nairobi City
Council
70
MANDATE
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
Ongoing
Peter Karingu
Within
Ongoing
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
Ongoing
Peter Karingu
Outside
New
Peter Karingu
Within
New
Peter Karingu
No
15
DATE
2-Jun-09
NAME
Eston Mubia Ndung'u
PROVINCE
Central
SEX
M
MODE OF
CONTACT
Visit PCSC
COMPLAINTS
CATEGORY
Delay
16
1-Apr-09
Hezekiah N Karani
Nairobi
Post
Misuse of office
17
23-Jun-09
Josephem Wanjiru Njuguna
Central
Visit PCSC
Misuse of office
18
5-May-09
Nairobi
Post
Incompetence
19
3-Jun-09
Members of Nbi
Branch(KLGWU)
Milton Logonze 2
Visit PCSC
Misuse of office
20
21-May-09
Resident of Gorogani Estate
Nairobi
Visit PCSC
Inefficiency
21
1-Apr-09
Samuel Okumu Ombiri &

Others
Nairobi
Visit PCSC
Misuse of office
1
2
3
4
5
6
7
8
9
10
11
12
13
23-Apr-09
6-May-09
22-Apr-09
22-Apr-09
23-Apr-09
27-May-09
14-Apr-09
29-Jun-09
25-Jun-09
18-Jun-09
4-May-09
11-Jun-09
13-May-09
Eric Akhwale Osanya

AbdulRahman Yussuf
Alexander Munyi Mundigi
Alfred Muhindi Okello
Anthony Mwaniki Nzioki
Avenue Fresh Produce Ltd
Bernard T Maleya Gwiyanga
John G Osir Kapiyo
John Mukenya Matasio
Joseph M. Thumaita
Josiah Munyi
Michael Munene Ruguru
Nicodemus Ireri Arthur
Western
Coast
Eastern
Rift Valley
Eastern
Nairobi
Nairobi
Nyanza
Western
Eastern
Eastern
Central
Eastern
M
M
M
M
M
Nairobi
M
M
M
M
M
M
M
THE JUDICIARY
Visit PCSC
Injustice
Referral
Delay
Visit PCSC
Delay
Visit PCSC
Inattention
Visit PCSC
Incompetence
Referral
Unethical conduct
Referral
Misuse of office
Post
Delay
Post
Inattention
Visit PCSC
Delay
Post
Misuse of office
Visit PCSC
Injustice
Visit PCSC
Delay
71
PUBLIC
INSTITUTION
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
Judiciary
MANDATE
Within
CASE
STATUS
New
COMMITTEE
MEMBER INCHARGE
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
New
New
New
New
New
Advised
Ongoing
New
New
New
New
New
New
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
PROVINCE
Nairobi
Nairobi
SEX
M
MODE OF
CONTACT
Visit PCSC
Post
COMPLAINTS
CATEGORY
Delay
Maladministration
PUBLIC
INSTITUTION
Judiciary
Judiciary
MANDATE
Within
Within
CASE
STATUS
New
New
13-May-09
22-Apr-09
9-Jun-09
25-Jun-09
NAME
Peter Chege Mugo
S M Magua- Peoples
Justice2009
Samuel M Magua
Silas Magaju M Rutere
Thomas Zakaria Ndiritu
Thomas Zakaria Rwengo
COMMITTEE
MEMBER INCHARGE
Grace Madoka
Grace Madoka
Nairobi
Eastern
Rift Valley
Rift Valley
M
M
M
M
Post
Visit PCSC
Post
Post
Delay
Incompetence
Incompetence
Unethical conduct
Judiciary
Judiciary
Judiciary
Judiciary
Within
Within
Within
Within
New
New
New
New
Grace Madoka
Grace Madoka
Grace Madoka
Grace Madoka
20-May-09
Alphonce Shikote Makachia
Western
Within
New
Peter Karingu
15-May-09
Eastern
Visit PCSC
Delay
Within
Ongoing
Peter Karingu
3-Jun-09
Beatrice Mutune Mbaabu &

Ruth Mare
Caxton Mukhwana Oluseno
Western
Visit PCSC
Delay
Within
New
Peter Karingu
15-Apr-09
Donald Bosire Ondiek
Nyanza
Visit PCSC
Delay
Within
New
Peter Karingu
29-May-09
Fabian A Aluoch-Juma
Nairobi
Visit PCSC
Misuse of office
Within
New
Peter Karingu
6-May-09
Humphery Ngugi Ndegwa
Central
Post
Delay
Within
New
Peter Karingu
25-Jun-09
Jackson Maketit Ngeywo
Rift Valley
Post
Delay
Within
New
Peter Karingu
15-Apr-09
Joram O Opere
Nyanza
Post
Injustice
Within
New
Peter Karingu
16-Jun-09
Kathumo Mutinda
Eastern
Visit PCSC
Delay
Within
New
Peter Karingu
10
1-Apr-09
Khalif B Bahola
Coast
Visit PCSC
Delay
Within
Ongoing
Peter Karingu
11
28-May-09
Mark G Okuom Owino
Rift Valley
Visit PCSC
Delay
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Within
New
Peter Karingu
No
14
15
DATE
4-May-09
5-May-09
16
17
18
19
PENSIONS DEPARTMENT
Visit PCSC
Delay
72
No
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
12
2-Apr-09
Monica Muringo John
Nairobi
Post
Delay
13
6-May-09
Peter Wangombe Nderi
Eastern
Post
Delay
14
23-Apr-09
Richard Komen Kimuge
Rift Valley
Visit PCSC
Delay
2-Apr-09
Caxton Mwangangi & Others
Eastern
27-Apr-09
David Ndambiri Kibuti
Central
Visit PCSC
Delay
26-May-09
Janet Akinyi Nyaoke
Nyanza
Visit PCSC
Unethical conduct
10-Jun-09
John M. Kariuki
Central
Visit PCSC
Corruption
17-Jun-09
Linus O. Dube
Nairobi
Post
Injustice
25-May-09
Olwalo Musa Okech
Nyanza
Visit PCSC
Inefficiency
8-May-09
Rachael Muthoni Wambere
Central
Post
Inefficiency
5-Jun-09
Rachel Muthoni Wambere
Central
Visit PCSC
Inattention
David N Olumbe
James Kebogani Ogwori
Johnstone Mutwiri Murithi
MINISTRY OF STATES FOR PROVINCIAL ADMINISTRATION

Western
M
Visit PCSC
Misuse of office
Min. of Defence
Nyanza
M
Post
Injustice
Min. of Defence
Eastern
M
Visit PCSC
Breach of integrity Min. of Defence
1
2
3
3-Apr-09
15-May-09
23-Jun-09
MINISTRY OF EDUCATION
Visit PCSC
Unethical conduct
73
PUBLIC
INSTITUTION
Department
Pensions
Department
Pensions
Department
Pensions
Department
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
MANDATE
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
Within
Ongoing
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
Ongoing
Nafisa Abass
Within
Ongoing
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
Within
Within
New
New
New
Amb. Simani
Amb. Simani
Amb. Simani
PROVINCE
Western
Eastern
Eastern
Central
SEX
M
M
M
M
MODE OF
CONTACT
Visit PCSC
Post
Visit PCSC
Post
COMPLAINTS
CATEGORY
Delay
Unethical conduct
Injustice
Delay
No
4
5
6
7
DATE
21-May-09
11-Jun-09
4-Jun-09
17-Jun-09
NAME
Moses Etale Mutola
Osman Mohamed Ali
Patrick Wambua Mwangangi
Stephen Karuga Kamonde
2-Jun-09
John Muthui Mwai
5-Jun-09
Ngesa Collins John
16-Jun-09
Nicholas Juma
23-Jun-09
Alfred Nathan Saidi
14-May-09
15-May-09
Nairobi
Visit PCSC
Injustice
13-May-09
Mohamed Hassan Haji

Abdullahi
Stephen Kamau David &
Others
Antony Kinyua Harun
Central
Referral
Injustice
29-May-09
S Musalia Mwenesi
Nairobi
STATE LAW OFFICE

Post
Incompetence
8-Jun-09
Benson Mbuchu Gichuki
Central
Visit PCSC
Unethical conduct
26-Jun-09
Franciah Wanjiku Muigai
Central
Visit PCSC
Maladministration
21-Apr-09
John Kamau O Nginyo
Nairobi
Post
Delay
MANDATE
Within
Within
Within
Within
CASE
STATUS
New
New
New
New
COMMITTEE
MEMBER INCHARGE
Amb. Simani
Amb. Simani
Amb. Simani
Amb. Simani
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Peter Karingu
Within
New
Nafisa Abass
Telkom Kenya
Within
Ongoing
Kenya Post &

Telcom
Within
New
Kenneth
Mwige
Nafisa Abass
Attorney
General
Attorney
General Office
Attorney
General Office
Attorney
Within
Advised
Grace Madoka
Within
Ongoing
Grace Madoka
Within
New
Grace Madoka
Within
Ongoing
Grace Madoka
PUBLIC
INSTITUTION
Min. of Defence
Min. of Defence
Min. of Defence
Min. of Defence
MINISTRY OF INFORMATION AND COMMUNICATIONS

Central
M
Visit PCSC
Delay
Min. of
Information
Western
M
Visit PCSC
Breach of integrity Min. of
Information
Western
M
Visit PCSC
Injustice
Min. of
Information
Nairobi
M
Visit PCSC
Unethical conduct Postal
Corporation of
Kenya
NEP
M
Visit PCSC
Delay
Telkom Kenya
74
No
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
5
6
7
30-Jun-09
2-Jun-09
14-Apr-09
Adam Kingori Mwangi

Lawrence M Muhoho
Naaman K Iniu
Central
Central
Nairobi
M
M
M
Visit PCSC
Visit PCSC
Visit PCSC
Inattention
Inattention
Delay
1
2
3
4
5
26-Jun-09
7-May-09
9-Jun-09
7-Apr-09
27-May-09
Aggrey Ungadi
Alalia Albert Shavasinya
Moses Kipngetich Cheruiyot
Ochoti Oyaro Benson
Retired Teachers (1997-2007)
Western
Western
Rift Valley
Nyanza
Central
TEACHERS SERVICE COMMISSION

M
Post
Injustice
M
Visit PCSC
Injustice
M
Visit PCSC
Unethical conduct
M
Visit PCSC
Inattention
Post
Inattention
16-Apr-09
Charles Keli Muendo
Eastern
13-May-09
Jefferson C M Kalendo
Coast
Post
Injustice
25-May-09
Musa Atemi Otundo
Nyanza
Post
Misuse of office
13-May-09
Samuel Indulaji
Eastern
Post
Delay
3-Jun-09
Abuzeid Nassir
Nairobi
Visit PCSC
Injustice
MINISTRY OF AGRICULTURE
Visit PCSC
Misuse of office
75
PUBLIC
INSTITUTION
General Office
State Law Office
State Law Office
State Law Office
MANDATE
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
Within
Within
Within
New
New
New
Grace Madoka
Grace Madoka
Peter Karingu
TSC
TSC
TSC
TSC
TSC
Within
Within
Within
Within
Within
New
Ongoing
New
New
New
Nafisa Abass
Peter Karingu
Nafisa Abass
Nafisa Abass
Nafisa Abass
Min. of
Agriculture
Min. of
Agriculture
Min. of
Agriculture
Min. of
Agriculture
National Cereals
& Produce
Board
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Nafisa Abass
Within
Advised
Peter Karingu
No
DATE
NAME
PROVINCE
14-May-09
Gladys Wanjiku Nzuki
Eastern
2-Jun-09
Joseph Lwamba Lolo
Western
16-Apr-09
Margret M Abudo
Western
12-Jun-09
Misaka Kwoku Ocham
Western
5-May-09
Samson Odhiambo Ondier
Nairobi
1
2
6-Apr-09
25-Jun-09
Eldoret Municipality tree

John Mukenya Matasio
Rift Valley
Western
3
4
11-Jun-09
19-Jun-09
Benson Atandi Suleiman

Joel O N Mauya
Nyanza
Nyanza
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
ADVOCATES COMPLAINTS COMMISSION

F
Visit PCSC
Incompetence
Advocates
Complaints
Commission
M
Post
Unethical conduct Advocates
Complaints
Commission
F
Visit PCSC
Misuse of office
Advocates
Complaints
Commission
M
Post
Inattention
Advocates
Complaints
Commission
M
Visit PCSC
Delay
Advocates
Complaints
Commission
MINISTRY OF FORESTRY AND WILDLIFE
Post
Delay
Min. of Forestry
M
Visit PCSC
Misuse of office
Min. of Forestry
& Wildlife
M
Visit PCSC
Unethical conduct Min. of Wildlife
M
Visit PCSC
Misuse of office
Min. of Wildlife
8-Apr-09
Bernard Munyi Njiru
Eastern
MINISTRY OF MEDICAL SERVICES

M
Post
Delay
15-Apr-09
Esther Gathoni
Central
Visit PCSC
76
Incompetence
Min. of Medical
Services
Min. of Medical
Services
MANDATE
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
Within
New
New
Nafisa Abass
Nafisa Abass
Within
Within
New
New
Nafisa Abass
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
No
3
DATE
13-May-09
NAME
Gladstone Zai Mwaka
PROVINCE
Coast
SEX
M
MODE OF
CONTACT
Post
COMPLAINTS
CATEGORY
Injustice
24-Apr-09
Stephen Odhiambo Akello
Nyanza
Visit PCSC
Injustice
30-Apr-09
Nairobi
2
3
4
18-Jun-09
22-Jun-09
29-Jun-09
Concerned Staff of Min.of

Road
Evanson N.J. Nthumbi
John Winston W Arogo
Richard Kimani & Others
Eastern
Nyanza
Central
M
M
M
Visit PCSC
Post
Visit PCSC
Min. of Roads
Min. of Roads
Min. of Roads
Within
Within
Within
New
New
New
Peter Karingu
Peter Karingu
Peter Karingu
Min. of
Transport
Min. of
Transport
Min. of
Transport
Kenya Maritime
Authority
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Nafisa Abass
Within
Ongoing
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Misuse of office
Injustice
Misuse of office
MINISTRY OF TRANSPORT
Post
Misuse of office
23-Apr-09
Bently Kalama Tayo
Coast
Post
Injustice
22-Jun-09
Simon Mululu Imili
Western
Visit PCSC
Delay
14-Apr-09
Oduori Ekesa Jerome
Nyanza
Visit PCSC
Inattention
Margaret Wairimu Rwamba
16-Jun-09
Joseph K. Githio
Nafisa Abass
Peter Karingu
24-Apr-09
New
Ongoing
Nairobi
Within
Within
Aggrey Simiyu Wanda
Henry Gitonga meshack
CASE
STATUS
New
Min. of Roads
2-Jun-09
29-Apr-09
MANDATE
Within
MINISTRY OF ROADS
Visit PCSC
Corruption
PUBLIC
INSTITUTION
Min. of Medical
Services
Min. of Medical
Services
COMMITTEE
MEMBER INCHARGE
Nafisa Abass
MINISTRY OF COOPERATIVE DEVELOPMENT & MARKETING

Eastern
M
Visit PCSC
Delay
Min. of
Cooperative
Devt.
Central
F
Visit PCSC
Unethical conduct Min. of
Cooperative
Devt.
Nairobi
M
Visit PCSC
Inattention
Min. of
77
PUBLIC
INSTITUTION
Cooperatives
MANDATE
CASE
STATUS
MINISTRY OF FINANCE
Post
Unethical conduct
Min. of Finance
Within
New
Visit PCSC
Visit PCSC
Min. of Finance
Min. of Finance
Within
Within
New
New
Kenneth
Mwige
Nafisa Abass
Nafisa Abass
KRA
KRA
KRA
Within
Within
Within
New
New
New
Nafisa Abass
Nafisa Abass
Nafisa Abass
Central
Central
Central
NATIONAL SOCIAL SECURITY FUND

M
Visit PCSC
Unethical conduct NSSF
M
Visit PCSC
Delay
NSSF
M
Post
Inattention
NSSF
Within
Within
Within
New
New
New
Peter Karingu
Peter Karingu
Peter Karingu
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
No
DATE
NAME
PROVINCE
SEX
27-May-09
Nairobi
2
3
29-May-09
8-Jun-09
Consumers of Financial
Services
Ephantus Wachira Ngochi
George Muturi Njogo
Central
Central
M
M
1
2
3
28-Apr-09
16-Apr-09
22-May-09
Harrison Kamau Karabi

Nelson Ikatwa Sawe
Saumu W Omari
Central
Nairobi
Nairobi
M
M
F
1
2
3
23-Apr-09
26-May-09
25-Jun-09
James Kamande Ngugi

John Kariuki Macharia
Joseph Karuga Gachigi
MODE OF
CONTACT
COMPLAINTS
CATEGORY
COMMITTEE
MEMBER INCHARGE
Misuse of office
Injustice
KENYA REVENUE AUTHORITY

Visit PCSC
Injustice
Visit PCSC
Delay
Visit PCSC
Inefficiency
27-May-09
John Munene Gathangi
Central
PUBLIC SERVICE COMMISSION

M
Visit PCSC
Delay
14-Apr-09
Josephat Napthali Mwaniki
Nairobi
Referral
Injustice
5-Jun-09
Peter G Onyango Akileo
Western
Visit PCSC
Injustice
78
Public Service
Commission
Public Service
Commission
Public Service
Commission
MODE OF
CONTACT
COMPLAINTS
CATEGORY
No
DATE
NAME
PROVINCE
SEX
16-Jun-09
Anne Jemwgetich Koskey
Nairobi
MINISTY OF INDUSTRIALIZATION
F
Visit PCSC
Injustice
8-Jun-09
Raymond Agengo Ndalo
Rift Valley
Post
Injustice
2-Apr-09
Winslaus Ochieng Manageni
Nairobi
MINISTRY OF PUBLIC WORKS

M
Visit PCSC
Delay
2-Apr-09
Winslaus Ochieng Mangeni
Nairobi
21-May-09
Susan Wangui Muriithi
Central
Visit PCSC
Delay
OFFICE OF THE PRIME MINISTER

Visit PCSC
Delay
MINISTRY OF ENERGY
Visit PCSC
Delay
1-Apr-09
Daniel Marigi Njenga
Central
18-Jun-09
Maurice P. Akasa
Western
MINISTRY OF FOREIGN AFFAIRS

M
Visit PCSC
Maladministration
13-May-09
Bernard Boma
Coast
MANDATE
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
Min. of
Industrialisation
Min. of
Industrialization
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Min. of Public
Works
Min. of Public
Works
Within
New
Peter Karingu
Within
New
Peter Karingu
Public Sector
Reform &
Performance
Contract
Within
New
Nafisa Abass
Min. of Energy
Within
New
Grace Madoka
Min. of Foreign
Affairs
Within
New
Amb. Simani
Within
Ongoing
Peter Karingu
PUBLIC
INSTITUTION
MINISTRY OF LIVESTOCK DEVELOPMENT

M
Post
Delay
Min. of
Livestock
79
MANDATE
CASE
STATUS
COMMITTEE
MEMBER INCHARGE
Within
New
Nafisa Abass
MINISTRY OF WATER AND IRRIGATION

M
Post
Delay
Min. of Water
Within
New
Nafisa Abass
CONSTITUENCY DEVELOPMENT FUND

M
Visit PCSC
Misuse of office
CDF
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Nafisa Abass
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
No
DATE
NAME
PROVINCE
4-Jun-09
Stephen Wachira Murakaru
MINISTRY OF REGIONAL DEVELOPMENT AUTHORITIES

Nairobi
M
Post
Injustice
Min. of Regional
Devt.
15-May-09
Geoffrey Washiali
Nairobi
16-Apr-09
Richard Ndwigah Njue
Eastern
15-Apr-09
Joseph O Ojode
Nyanza
15-Apr-09
Labanson Maina Mitugi
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

Eastern
M
Visit PCSC
Inattention
NEMA
1-Apr-09
Boaz Kiberenge Adoli
Western
KENYA NATIONAL AUDIT COMPANY

M
Post
Delay
Kenya National
Assurance
NATIONAL YOUTH SERVICE

Visit PCSC
Delay
80
National Youth
Service

Quarterly Q4 Report 2008-2009

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Quarterly Q4 Report 2008-2009

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THE FOURTH QUARTERLY REPORT FOR

THE YEAR 2008/2009 COVERING THE

THE PUBLIC COMPLAINTS STANDING

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

Mandate of the PCSC ........................................................................................ 10

Jurisdiction of the PCSC ................................................................................... 11

Admissibility of Complaints ............................................................................ 12

COMPLAINTS AND INQUIRIES ............................................................... 13

Lodging a Complaint ........................................................................................ 13

The Complaints-handling Process .................................................................. 13

Analysis of Complaints-handling in the Quarter ......................................... 16

Selected Complaints Reviews .......................................................................... 16

Complaints Where Advice were provided .................................................... 16

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

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

Complaints that Revealed no Maladministration ........................................ 20

Complaints where an Explanation was Provided ........................................ 21

Complaints where PCSC Initiated Further Inquiries ................................... 21

Complaints where PCSC Promoted Mediation and Recommended

Letters of Appreciation from Complainants ................................................. 25

Broader Aspects of Complaints-handling ..................................................... 25

Non-Responsive Government Institutions .................................................... 32

CHAPTER THREE .............................................................................................................. 41

STATISTICAL ANALYSIS ............................................................................ 41

Complaints Received ........................................................................................ 41

Classification of Complaints Received by PCSC Mandate.......................... 41

Analysis According to Action Taken by PCSC ............................................. 42

Analysis Based on Categories of Complaints ................................................ 44

Analysis Based on Ministries and Public Sector Institutions ...................... 46

Analysis of Complaints Based on Provinces. ................................................ 49

Analysis by Mode of Lodging Complaint .................................................... 51

Analysis by Gender ........................................................................................... 52

Monthly Analysis of Complaints in the Quarter ......................................... 54

Comparative Analysis by Quarters ................................................................ 55

CHAPTER FOUR ................................................................................................................ 57

COMMUNICATION ACTIVITIES ............................................................. 57

Advocacy and Outreach ................................................................................... 57

Information Technology and Web Presence ................................................. 57

Media Activities ................................................................................................. 58

Information Literature ...................................................................................... 58

CHAPTER FIVE .................................................................................................................. 59

Recommendations made in the Current Quarter ......................................... 59

Recommendations made in Previous Quarters ............................................ 60

Complaints in which Complainants were advised to seek redress from other

Complaints determined to be without merit;

Complaints settled by the public institution to the satisfaction of the

Complaints that revealed no instance of maladministration after PCSC

Complaints in which the public institution provided a satisfactory

Complaints in which PCSC has initiated further inquiries.

Complaints which the PCSC has reconsidered; and

Complaints in which the PCSC promoted mediation.

Chapter Two also contains letters of appreciation from Complainants as well as a

FOREWORD FROM THE CHAIRMAN

Finally, I would like to express PCSCs appreciation to the Ministry of Justice

Amb. James Simani

MESSAGE FROM THE EXECUTIVE DIRECTOR

an overwhelming need to move good service-delivery from the realm of the

Mandate of the PCSC

10. To prepare advisory opinions or proposals on appropriate remedial action to be taken

Jurisdiction of the PCSC

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

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

It does not concern possible maladministration by a public officer or

The Complainant and the public institution complained against must be