BackThe Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, was established by the Commission on Administrative Justice Act 2011 pursuant to Article 59 (4) of the Constitution of Kenya. The Commission is only subject to the law. As explicitly mentioned in the Constitution, it is “independent and not subject to direction or control by any person or authority” (Art 249 para 2).
The Commission consists of the chairperson and two further members selected by the President upon approval by the National Assembly. The position of the chairperson requires knowledge and at least 15 years of experience in matters relating to human rights, law, conflict resolution, arbitration or administrative justice as well as a university degree. Mr Otiende Amollo, an advocate of the High Court of Kenya, has been appointed to chair the CAJ. The Commission as well as its members and staff are protected from personal liability if they were acting in good faith while executing their functions.
The CAJ is mandated to address all forms of maladministration, promote good governance and efficient public service delivery by enforcing the right to fair administrative action of a public office, a state corporation or any other State body or agency. It becomes active upon complaint filed by the person aggrieved, or it can initiate investigative proceedings ex officio in cases of abuse of power, manifest injustice and unlawful, oppressive, unfair or unresponsive official conduct.
Primarily the Commission shall resolve any matter by conciliation, mediation or negotiation. If these methods turn out to be unsuccessful, it can make recommendations to the investigated organ by filing a report containing the Commission’s findings and recommendations. It may require the organ to implement the recommendations within a certain period of time and report back to the Commission. In cases of non-compliance the CAJ may report to the National Assembly, which shall take appropriate action.
While carrying out their investigative proceedings, the Commission has the rights to access records, to obtain information and to enter any premises or establishment. If a person or organ under investigation is found guilty of misconduct, the Commission reports the matter to the respective authority. The Commission may also make recommendations to the complainant regarding judicial redress, or recommend the state body concerned how to settle the complaint. All parties concerned obtain a copy of the inquiry report.
The CAJ is accountable to the Legislature, which means that it is obliged to submit a report to the President and to Parliament. Every report is to be published and publicized.
The Commission’s slogan ‘Hata Mnyonge ana Haki’ means that the weak or disadvantaged have rights too. The Commission’s primary function is to guarantee that public officials as well as public institutions respect the sovereignty of the people of Kenya.
Following recommendations by the Secretary General and the competent Regional President and in conformity with the advice by the Executive Committee, the Board of Directors acknowledged that the Commission on Administrative Justice fulfilled the IOI criteria for Voting membership set out in Article 6 (2) of the IOI By-laws and decided to accept the Commission of Administrative Justice as Voting member of the IOI.
