Commission Issues Summonses, Notices to Show Cause to Unresponsive Public Officers

The Commission on Administrative Justice (Office of the Ombudsman) has summoned the Principal Secretary, State Department for Basic Education, Dr. Belio Kipsang; Principal Secretary, State Department for Public Health and Professional Standards, Ms. Mary Muthoni; and Mr. Christopher Kinyua Wanjau, Secretary, National Registration Bureau, to appear before the Commission on 7^th and 8^th August, 2024 at 10.00 am.

The summonses have been issued pursuant to Article 59 (2) (h-k) and 252 (3) of the Constitution as read with sections 27 and 28 of the Commission on Administrative Justice Act, 2011. The public officers are required to appear for purposes of questioning or disclosure of information and/or production of documents and examination. 

The Commission has also issued notice to show cause to Eng. Joseph Mbugua, Principal Secretary, State Department for Roads; Mr. Gitonga Mugambi, Principal Secretary, State Department for Forestry; and Mr. Christopher Kinyua Wanjau, Secretary, the National Registration Bureau. The notices have been issued under sections 2 and 26 of the CAJ Act, 2011, and Regulations 17 and 18 due to unresponsiveness by the public officers to respond to complaints lodged against their institutions at the Commission.

“An omission which constitutes a failure to act in the discharge of official duty as provided under section (2)(1)(b) of the Commission on Administrative Justice Act, 2011, unresponsive official conduct and/ or inefficiency and ineptitude within the public service. Now take notice that you are hereby required to show cause within fourteen days from the date hereof why your name should not be entered in the Register of Malfeasant Public Officers as unresponsive public officer and unfit to serve in the public service and for the Commission to further cite you as such in its statutory report in accordance with Regulation 18 (c) of the Commission on Administrative Justice Regulations,” read the Notices to Show Cause by the Commission to the officers.

Dr. Kipsang has been summoned for failing to provide an update on a complaint lodged against the Department and for failing to respond to a notice to show cause dated 13^th May, 2024, issued to him. A concerned parent complained to the Commission alleging that the Principal of Mbita High School, Homabay County, increased school fee by Kshs. 10,000 which was termed a “Development Levy” without consultation with the relevant stakeholders. The decision, according to the parent, was communicated through a WhatsApp message.

The Commission initiated an inquiry on 2^nd August, 2023, and on 1^st September, 2023, Dr. Kipsang responded that he had not given the authority to the school to impose the levy and further directed the County Director of Education, Homabay, to investigate and report to him for appropriate action. However, Dr Kipsang is yet to provide feedback to the Commission and has not responded to subsequent communication from the Commission.

And Ms. Mary Muthoni has been summoned for failing to respond to a notice to show cause issued on 5^th July, 2024. Mr Job Wasonga was an employee of the Ministry of Health, Nyando District Hospital. In the year 2010, his salary was stopped under unclear circumstances, and subsequent allegations of absconding duty were levelled against him. The matter was deliberated upon before the Ministry’s Human Resources Management Advisory Committee (MHRMAC) meeting held on 8^th December, 2022, which resolved that he be reinstated into service with effect from 1^st January, 2010. However, upon reporting back on duty, he was neither redeployed nor allocated duties. Despite several follow-ups with the County Government of Kisumu, no action had been taken prompting him to write back to the Ministry of Health notifying them of his predicament and request for redeployment to the national government.

Mr. Wesonga complained to the Commission which initiated an inquiry vide letter dated 13^th December, 2022. The inquiry did not elicit any response prompting the Commission to issue reminders on 1^st February, 2023, 2^nd March, 2023, and 28^th March, 2023, to the then Principal Secretary, Dr. Josephine Mburu. The Commission received a response dated 4^th April, 2023, indicating that upon reporting to Kisumu County, they declined to deploy him citing a need to authenticate minutes the officer had attached for reinstatement from the time of reporting on duty and not from the year 2010. Further, the Ethics and Anti-Corruption Commission had in 2018 requested for his personal file and other documentation and accordingly, no action was taken since the file was with EACC.

Upon receipt of the complainant’s rejoinder, the Commission picked up the matter with the Public Service Commission in a letter dated 15^th June, 2023. The PSC responded by copy to the Commission requesting the Ministry to update them in the first instance. Further follow-up was done with the PS, Ms. Mary Muthoni, in a letter dated 15^th June, 2023, with three reminders being issued on 24^th June, 2023, 22^nd August, 2023, and 12^th September, 2023. The Ministry then responded vide a letter dated 21^st September ,2023, stating that the matter had been scheduled for resubmission before the MHRMAC for deliberation on possible solutions.

Further follow-up with the Ministry vide letters dated 27^th September, 2023, 5^th December, 2023, 1^st January, 2024, and 7^th May, 2024, did not elicit any response prompting the Commission to issue a notice to show cause on 5^th July,, 2024 to the PS which also did not elicit a response prompting the issuance of the summon.

On the other hand, Mr. Christopher Wanjau, has been summoned for failure to respond to a complaint lodged against the department and failing to respond to a notice to show cause issued by the Commission on 13^th May, 2024.

The Department had failed to rectify an error in an Identification Card issued to Ms. Nelly Mbakaya. According to her, she applied for an ID in 2015 at the NRB office in Kakamega while in the company of her friend and neighbour, Ms. Selfa Were, who also applied for an ID card at the same time. However, when the ID cards were issued, there was a mix-up in the names where the ID issued to Ms. Mbakaya with her photo has the name of Selfa Were and Selfa Were’s ID had Ms. Mbakaya’s name. Ms. Mbakaya and Ms. Were brought the issue to the attention of the Bureau and were advised to apply for a rectification which they both did. The ID cards were not processed even after several follow-ups forcing them to seek the intervention of the Commission.

The Commission initiated an inquiry with the NRB on 6^th December, 2023, with three reminders being issued on 18^th January, 2024, 8^th February, 2024, and 27^th February, 2024, all of which did not elicit any response. The Commission then issued a notice to show cause on 13^th May, 2024, which was served on the Secretary on 16^th May, 2024, which did not elicit any response leading to issuance of the summon.

A public officer who fails to honour a summons is liable upon conviction to a fine not exceeding Kshs 500,000 or to imprisonment for a term not exceeding two years or both under section 52 of the Commission on Administrative Justice Act, 2011.