Quarterly Q3 Report 2008-2009

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

PERIOD 1ST JANUARY 2009 TO
31ST MARCH 2009
THE PUBLIC COMPLAINTS STANDING

COMMITTEE
TABLE OF CONTENTS
EXECUTIVE SUMMARY .................................................................................................... 4
FOREWORD FROM THE CHAIRMAN .......................................................................... 5
MESSAGE FROM THE EXECUTIVE DIRECTOR ........................................................ 7
CHAPTER ONE................................................................................................................... 12
1.0
INTRODUCTION .................................................................................................. 12
1.1
Mandate of the PCSC....................................................................................... 12
1.2
Jurisdiction of the PCSC ................................................................................. 13
1.3
Admissibility of Complaints.......................................................................... 14
CHAPTER TWO.................................................................................................................. 15
2.0
COMPLAINTS AND INQUIRIES ...................................................................... 15
2.1
Lodging a Complaint ....................................................................................... 15
2.2
Intake of Complaints ....................................................................................... 15
2.3
Inquiries ............................................................................................................. 15
2.4
Analysis of Complaints in the Quarter ........................................................ 16
2.5
Complaint Reviews .......................................................................................... 17
2.5.1
Complaints Where Advise was Given ......................................................... 17
2.5.2
Complaints Determined to be Without Merit ............................................ 17
2.5.3
Complaints settled by the Public Institution .............................................. 18
2.5.4
Complaints that Revealed no Wrongdoing ................................................. 19
2.5.5
Complaints where PCSC Initiated Further Inquiries ............................... 20
2.5.6
Complaint where PCSC Promoted Mediation............................................ 21
2.6
Impact of PCSCs Inquiries ............................................................................ 22
2.7
Letters of Appreciation from Complainants ............................................... 26
2.8
List of Non-Responsive Government Institutions ... Error! Bookmark not
defined.
CHAPTER THREE .............................................................................................................. 36
3.0
STATISTICAL ANALYSIS ................................................................................... 36
3.1
Complaints Received ....................................................................................... 36
3.2
Classification of Complaints Received by PCSC Mandate ...................... 37
3.3
Analysis According to Action Taken by PCSC .......................................... 38
3.4
Analysis Based on Categories of Complaints ............................................. 40
3.5
Analysis Based on Ministries and Public Sector Institutions ................. 43
3.6
Analysis of Complaints Based on Provinces. .............................................. 46
3.7
Analysis by Mode of Lodging Complaint .................................................. 49
3.8
Analysis by Gender.......................................................................................... 50
3.9
Monthly Analysis of Complaints in the Quarter ...................................... 52
3.10
Comparative Analysis by Quarters ............................................................... 54
CHAPTER FOUR ................................................................................................................ 56

4.0
COMMUNICATION ACTIVITIES .................................................................... 56
4.1
Outreach ............................................................................................................. 56
4.2
PCSC Quarterly Report ................................................................................... 56
4.3
Engagement with Government Agencies .................................................... 57
4.4
Media interviews .............................................................................................. 57
4.5
Website ............................................................................................................... 57
CHAPTER FIVE .................................................................................................................. 58

5.0
RECOMMENDATIONS MADE IN QUARTERLY REPORTS .................... 58
ANNEXTURE ...................................................................................................................... 64
EXECUTIVE SUMMARY
This Report for Quarter 3, FY 2008/9, consists of five Chapters and an Annexture.
Chapter One outlines the legal mandate of the PCSC, jurisdiction of the PCSC and
admissibility of Complaints.
Chapter Two covers Complaints and Inquiries in the Quarter. It details the handling
of Complaints and provides summaries 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 PCSC

and the Complainant;
iv.
Complaints that revealed no instance of wrongdoing after PCSCs inquiries;
v.
vi.
Complaints in which PCSC has initiated further inquiries.

Complaints in which PCSC promoted mediation.
Chapter Two also contains brief summaries of broader issues identified and
addressed through PCSCs inquiries, as well as letters of appreciation from
Complainants.
Chapter Three provides a statistical analysis of Complaints and Inquiries within the
Quarter under review. The analysis is of Complaints received based on the
following categories; typology of Complaint, public institutions involved, gender,
provincial distribution and mode of lodging Complaints.
Chapter Four gives an outline of advocacy, outreach and media activities conducted
in 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 current status.
FOREWORD FROM THE CHAIRMAN

The present 3rd Quarterly Report covers the period 1st January to March 31st 2009
and is submitted in accordance with PCSC mandate vide Gazette Notice No. 5826 of
June 29th 2007 which requires the PCSC in the performance of its functions, to
prepare and submit reports of this nature to H.E the President.
The number of complaints handled by the PCSC since its inception in 2007 has risen
from 151 to 1431 currently. During the report period the Kenya Anti-Corruption
Commission (KACC) symbolically handed to the PCSC over 80% of complaints
hitherto made to them by the public but which essentially did not fall within
KACCs mandate. This has contributed to the rising number of complaints dealt
with by the PCSC.
The Committee continued to collaborate with Ministries and other Government
Departments to address complaints. In particular, the Committee worked closely
with the Department of Public Sector Reforms and Performance Contracting to
agree on the role the PCSC would play in enhancing the effectiveness of reforms in
the public service delivery. The Committee further collaborated with the PS
Ministry of Information and Communications, the PS Ministry of Tourism and the
National Security Intelligence Services through meetings, exchange of information,
views and ideas to resolve outstanding complaints from the public. The Committee
would like to see this collaboration intensified and strengthened in order to be able
to serve the public in a most effective way.
During the PCSC provincial tours, the Committee was presented with complaints
and concerns from each province, and on which the Committee has made
recommendations for action by those affected for purposes of improving public
administration and service delivery.
In addition to receiving and reviewing complaints, the Committee continued to
bring emerging trends and concerns to the attention of Permanent Secretaries and
heads of Government Departments. During the Quarter, the Committee held
consultations with His Lordship, the Chief Justice to address complaints relating to
the backlog of cases of over 10 years which the members of the public had come to
complain about. His Lordship, the Chief Justice assured the Committee that it was
his active intention to considerably reduce the backlog in question once the number
of judges was increased and outside interference in judicial activities was stopped in
keeping with the independence of the judiciary. In line with this, new judges have
been appointed and doubtless the issue of backlog of cases will be past history.
During the Quarter, the Committee continued to intensify publicity of the PCSC.
The publicity has contributed to the recognition of the role of the PCSC in
complaints resolution and service delivery. This publicity will be further enhanced
when the Committee opens up offices at the Provincial and District levels as
appears to be the demand from the public gathered during the PCSC provincial
tours.
Furthermore, the Committee has tirelessly continued to work with the media to
publicize the PCSC. A highlight of the Committee media activities in the reporting
period was participation in an interactive programme Moving the Masses on the
KBC on the role of the PCSC in fighting corruption in the public sector.
We are encouraged that Ministries and Government Departments with whom the
PCSC has been working in resolving complaints are now responding to PCSC
inquiries as a result, many complaints have been addressed. We should all be
vigilant in maintaining this trend and tempo and thus be able to adhere to our
respective Public Service Charters.
In conclusion, I would like to thank the Ministry of Justice, National Cohesion and
Constitutional Affairs (MOJNCCA) for continued logistical support to the PCSC in
its work and activities. It would also be in order to appreciate the high standard of
work contributed by the PCSC Secretariat in the production of this report.
Amb. James Simani

CHAIRMAN
MESSAGE FROM THE EXECUTIVE DIRECTOR

The Quarter under review was quite eventful. As the Report shows, there was a
substantial overall increase in the number of complaints received and processed,
indicating wider accessibility of the PCSC by members of the public.
Administratively, the PCSC embarked on some key activities; development of a 5

year Strategic Plan and consultations on development of The Ombudsman Bill 2009,
together with its anchoring Constitutional provision, for consideration during the
ongoing Constitutional Review process. Progress on these issues will be reported in
the following reporting cycles.
Meetings with the Honourable the Chief Justice in the Quarter under review flagged
some issues that I consider worthy of special note. A key concern of the Judiciary, as
gleaned from the Honourable the Chief Justice by the PSSC, was the matter of
Executive interference in the operations of the Judiciary, particularly on the
question of the mode of appointment of Judges, pitting the Judicial Service
Commission as presently constituted against the Ministry of Justice, National
Cohesion and Constitutional Affairs. Indeed, upon meeting the Honourable the
Chief Justice, the PCSC formed the distinct impression that this issue constituted a
substantial roadblock in the Judiciarys progress on reforms, necessitating urgent
resolution.
Issues of independence aside, it is a matter of concern that the reform efforts in the
Judiciary are not yet wide and deep enough to register in the publics mind as
indicated by its continued unflattering perception of the Judiciary as an institution.
In its defense, the Judiciary has cited a low level of funding by the Government as a
key constraint hampering its zeal to reform and improve public service delivery. I
find that I have considerable sympathy with that defense by the Judiciary.
As one of the three pillars of Government, adequate, even generous, funding of the
Judiciary as an institution is not only of great strategic interest to the country for the
purpose of promoting social stability and the Rule of Law, but is also a grave
necessity if Kenya is to achieve any of its medium to long term development goals.
In the current Financial Year 2008/9, the Judiciarys budgetary allocation is Ksh 1.85
Billion. Out of this allocation, 1.4 Billion is Recurrent expenditure, leaving Ksh 454
Million for Development expenditure. The Recurrent expenditure allocation of Ksh
1.4 Billion comprises Ksh 1.1 Billion for Personal Emoluments, including Statutory
obligations such as funding the National Council for Law Reporting, while the
Operations and Maintenance budget is Ksh 189 Million for all 112 courts all over
Kenya, including Court of Appeal Circuits, Stationery, Vehicles, Maintenance of
Buildings and Equipment, and anything else requiring attention. Compared with
the Executive, the Legislature or other institutions along the Justice-chain, the most
prominent of which is the Kenya Anti-Corruption Commission, it is clear beyond
argument that Kenya as a country is under-investing in the Judiciary.
If the analogy of a three-legged stool is adopted, the Judiciary, as presently funded,

can be likened to a broken leg that might explain why the Stool of State, with regard
to much-needed public sector reforms, continues to be unbalanced public sector
reforms not proceeding at the same pace across the three arms of Government.
Judging from the complaints received against the Judiciary, priority concerns are for
the Judiciary to (a) Develop and urgently implement a Scheme of Service that will
attract and retain top legal talent in Kenya with a clear, meritocratic career path and
progression; (b) Invest heavily in physical infrastructure to bring courts closer to
Kenyans; (c) Underpin its operations on Technology; stenographers in courts for
record-keeping; appointment of (Special) Judicial Clerks to assist Judges of the
8
High Court and Court of Appeal in embracing technology in their routine work
where necessary; and (d) to introduce the most critical aspect of Judicial Reforms
speed - , urgent procurement and deployment of a case-management software
platform that will provide a basis for case-tracking and performance-tracking.
In its Strategic Plan 2009-2012, the Judiciary has identified a wide raft of reforms, to
the tune of Ksh 5.627 Billion over its Strategic Plan period. Considering the
centrality of the Judiciary and its critical functions without which other Reforms in
other sectors are doomed to flounder, I have little doubt in my mind that
Government should spare no effort, over the Budget Cycles FY 2009/2010, 2010/2011
and 2011/2012, to avail the requested Ksh 5.627 Billion to fund the Judiciarys
Strategic Plan.
For Kenya, Ksh 5.627 Billion spread out over five years is a negligible amount of
money when set against the promised benefits. This money should be availed from
savings from lower priority or even totally unnecessary budget lines. We need, as
Kenyans, and especially during the budgeting process for the next budget cycle, to
recognise the sheer need to transform the Judiciary by reflecting this in the National
Budget.
For the Kenya Police, the Reforms movement appears to have lost steam. While the
Kenya Police Strategic Plan sets out a long and as yet unfulfilled wish-list, for the
purpose of addressing the operational problems that cause an endless stream of
complaints, I am of the firm opinion that the following reforms should be
prioritized;
(a)
First, it should be possible to freely obtain a copy of the Kenya Polices current
Strategic Plan. My efforts towards this end, unsurprisingly, did not yield fruit
even from the highest offices.
(b)
All Manual operating systems in the Kenya Police must be computerized and
automated. It does not bode well for the Kenya Police, and its future as the
premier and key law enforcement agency, that its critical crime-prevention,
crime-detection and policing operations are Manual. It is unfortunate that
Police Records and Registries continue to be paper-file based, causing untold
9
misery to members of the public and, critically, even the police officers
themselves. It is unfortunate that the National Fingerprinting System is
manual, physical and paper-based. It is unfortunate that Crime detection and
prevention is largely oblivious to the advantages of speed and certainty a
Mobile Phone/Cellular Crime Detection and Investigation Platform is an
absolute necessity in Kenya today, where no crime beyond a certain level of
sophistication can be organized and committed without mobile telephones;
Computerization of Records and Processes at Police Stations; Training, across
the Board for all Police Officers; and improvement of living conditions, salaries
and wages.
If the Kenya Police does not migrate to a technology platform, it will be
impossible to achieve Service Delivery reforms of the type and depth
necessary for this Department.
(c)
It is often forgotten, in registering and making complaints about the Kenya

Police, that Police Officers themselves are greatly hampered in their efforts to
perform their duties. Often, Police Officers are placed in the position of a
Doctor without a Stethoscope, or a Teacher without Chalk and a Blackboard,
or a Lawyer without Law Reports. The PCSC is concerned not only about
public complaints about the Police, but also about the working environment
and welfare of Police Officers, most of who are compelled to undertake
difficult and dangerous duties with only a minimum level of facilitation. In
this regard, complaints about the Police, especially by opinion leaders and the
media, need to be balanced; this is not to accommodate inexcusable lapses,
failures and even criminal activity by some Police officers, but to provide a
platform upon which to reasonably and fairly pass judgment on the
performance of the Kenya Police. Having said that, and as I pointed out
earlier, it would help if the Kenya Police embraced constructive criticism
10
instead of reflexively assuming the worst in all its interactions with third
parties.
Kenneth Mwige
Executive Director
11
CHAPTER ONE
1.0
INTRODUCTION
The Public Complaints Standing Committee {PCSC} was established by H.E the
President through Gazette Notice No. 5826 on June 29th 2007.
1.1
Mandate of the PCSC
The Gazette Notice No. 5826 of 2007 specifically 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;
12
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
Complaints received and the action taken by the committee.
1.2
nature of
Jurisdiction of the PCSC
The PCSC has jurisdiction over public officers in Ministries, Parastatals/State

Corporations, Statutory Bodies or any other public institution.
The PCSC is mandated to receive Complaints from any Kenyan citizen or any
person lawfully present in the country or juristic persons, concerning instances of
wrongdoing in the activities of public institutions with the exception of the Courts
acting in their judicial role or Parliament in exercise of its legislative role. A
Complaint is therefore outside the PCSC mandate if;
i. It is not against a public institution or a public officer;
ii. It concerns the Courts in exercise of their Judicial role or Parliament in
exercise of its Legislative role; or
iii. It does not concern possible wrongdoing by a public officer or institution.
The policy approach of the PCSC towards Complaints is that whereas all
Complaints are admissible by the PCSC, action can only be taken by the PCSC
against a public institution or a public officer. Consequently, a Complaint brought
against a private citizen, or a private institution, will be heard by the PCSC for the
purpose of determining whether a public institution or public officer is in breach of
its/his/her duties and obligations as a public institution or officer. Indeed, a
Complaint brought about a private citizen or private body may lead to an Inquiry
by the PCSC if the conduct complained of is subject to Regulatory or Administrative
failure and/or refusal by a Public Officer or Institution.
13
1.3
Admissibility of Complaints
A Complaint that is within the mandate of the PCSC must meet further criteria of
admissibility before the PCSC can initiate inquiries. The criteria are that:
i.
The Complainant and the public institution complained against must be

specifically identified;
ii.
The Complaint must have first been lodged with the appropriate
Complaints-channels (where they exist) within the institution concerned.
Where this has not been done, the Complainant is advised appropriately;
iii.
Appropriate administrative intervention channels (where they exist) have

been exhausted before approaching the PCSC ;
iv.
The Complaint must not be under adjudication by a court of law or question

the merits of a courts ruling.
v.
The Complainant should identify himself. However, if the nature of the

complaint is such that the identity of the Complainant is not necessary, as in
cases of whistle-blowing, this admissibility requirement is not strictly
upheld. The circumstances and the subject of the complaint are taken into
consideration when applying the test of admissibility.
14
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. Complaints are received by the
PCSC mainly through visits to PCSC offices. The PCSC also conducts inquiries on
its own initiative in suitable cases.
2.1
Lodging a Complaint
As an institution of record, Complainants must submit their Complaints to the

PCSC by completing a Complaint Form, PCSC Form 1. Before the complaint can be
assessed the complainant must provide the following information;

Complainants contact information

Public institution complained against
Summary of the Complaint
Statement on exhaustion of other available remedies
Action expected from PCSC
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 interest of the Complainant to
provide all relevant information.
2.2
Intake of Complaints
All Complaints are registered and acknowledged. The Complaints are then assessed
in order to determine if they fall within the PCSCs mandate. Some of the
Complaints within the PCSC mandate are resolved internally at the initial stages of
intake while those that do not fall within the PCSC mandate are referred to other
agencies.
2.3
Inquiries
The focus of PCSCs inquiries is to determine whether the public institution

concerned applied statutory obligations and administrative policies, procedures and
guidelines appropriately.
The first step in initiating an inquiry is to refer the Complaint, with supporting
documentation, to the public institution concerned for a first opinion within 30
days. When the opinion is received it is reviewed by the PCSC and sent to the
Complainant for his comments. In appropriate cases, a decision is taken by the
15
PCSC immediately upon receiving a response from the public institution or public
officer concerned, for example where the response is considered to be evasive, or
where the response indicates or evinces clear wrongdoing on the part of the public
officer or institution concerned.
The principle of fairness dictates that the PCSCs decision on a Complaint should
not be based on a one-sided account or on information provided by either the
Complainant, or by the public institution. The other party is, as a rule, given ample
opportunity to give their side of the story or their point of view.
When a member of the public makes a complaint, the PCSC remits the opinion of
the public institution to the Complainant with an invitation to submit comments
and observations. The same procedure is followed if further enquiries into the
Complaint need to be conducted.
In some instances, the public institution takes positive steps to settle the Complaint
to the satisfaction of the Complainant and the PCSC. If this happens, the Complaint
is then closed as settled by the public institution. In other cases, the Complainant
decides to withdraw the Complaint and the Complaint is closed for this reason.
If the Complaint is neither settled by the institution nor withdrawn by the
Complainant, the PCSC initiates further inquiries. If the inquiries reveal no instance
of wrongdoing, the Complaint and the public institution are informed accordingly
and the Complaint is closed.
2.4
Analysis of Complaints in the Quarter
The total PCSC workload for the Quarter was 992 Complaints. 334 Complaints
were new Complaints received during the Quarter. 658 Complaints were brought
forward from the previous Quarters.
In this Quarter, 324 Complaints, or 97% of the Complaints received, were within
mandate while 10 of the Complaints were outside mandate. Of the 334 Complaints
received in the Quarter, action was taken and Inquiries initiated in 73 Complaints,
representing 22%. 261 Complaints, representing 78%, were carried forward to the
next reporting period.
Of the 334 Complaints received in the Quarter, 24% originated from Nairobi
Province followed by 23% from Central Province. The lowest percentage of
Complaints, 1%, was received from North Eastern Province. A full analysis of the
geographical distribution of Complaints is provided in Chapter Three.
16
Most of the Complaints received were against the Ministry of State for Provincial
Administration and Internal Security, comprising 29% or 98 Complaints. Of these,
60 Complaints concerned the Police Department, while 37 were against the
Provincial Administration and 1 against the Government Press. Notably, the
Judiciary recorded 7% of the Complaints received. Complaints against the Judiciary
mainly concern allegations of Delay in hearing and determining cases and
allegations of corruption and abuse of office by judicial officers.
The main category of Complaints alleged were Avoidable Delay at 25%, Injustice,
comprising allegations of Unfair Dismissal and Premature Retirement at 23%,
Misuse & Abuse of Office at 21% and Inattention at 6%.
2.5
Complaint Reviews
The following Complaint reviews illustrate examples of the PCSCs work, which
will provide useful insights into the nature of PCSCs inquiries and how they
support the PCSC mandate of ensuring efficient service delivery.
2.5.1
Complaints Where Advice was Given
If the Complaint is outside mandate or inadmissible, PCSC advises the Complainant

on another appropriate Government agency which is best placed to deal with the
Complaint.
2.5.2
Complaints Determined to be Without Merit
During the Quarter, some Complaints assessed and determined to be technically

admissible did not reveal any instance of wrongdoing hence were closed and the
Complainants advised accordingly.
The Complainant wrote to the PCSC alleging wrongful dismissal from Post Bank of
Kenya. The complainant alleged that she was suffering from a psychiatric illness
which triggered her to commit fraudulent activities in the bank. The Complainant
sought to be reinstated on this basis. PCSC reviewed the complaint and observed
that at the time of dismissal Post Bank had furnished her with the reasons for
dismissal, paid her terminal dues and not preferred any criminal charges against
her for fraud. Further, in light of her psychiatric illness, PCSC considered that her
suitability for reinstatement was questionable. On this basis, PCSC found the
Complaint without merit, advised the Complainant accordingly and closed the
Complaint.
17
A Complaint was lodged against the Kenya Wildlife Service (KWS) for improper
dismissal. The complainant alleged that the charges leveled against him for
dismissal were defective and that he was not given an opportunity to defend
himself. Upon review of the documents availed to the PCSC, PCSC noted that the
Complaint had lodged two appeals against the dismissal which were considered on
the merits and rejected. PCSC found the complaint to be without merit as the
complainant had been given two opportunities to appeal against the dismissal
which he had unsuccessfully utilized. PCSC advised the Complainant accordingly
and closed the complaint.
2.5.3
Complaints settled by the Public Institution
In most instances, PCSC strives to achieve a positive outcome that is satisfactory to

both the Complainant and the institution complained against. Below are examples
of Complaints which were settled by the public institution concerned to the
satisfaction of the Complainant.
In September 2008, PCSC received a Complaint against the Kenya National
Assurance Company (2001) Ltd (KNAC) on delay in payment of an accrued Life
Assurance Policy. The Complainant alleged that the Policy matured in 2004 and that
he submitted all the necessary documentation for payment in October 2005.
However, despite several follow-up visits to KNAC the same had not been paid.
The Complainant sought to know the reasons for the delay. PCSC initiated
inquiries with KNAC into the delay. KNAC responded to PCSCs inquiries
explaining reasons for the delay in effecting payment and advising that the
Complainant had been paid following PCSC inquiries. The Complainant confirmed
that he had been paid. PCSC considered the Complaint settled hence closed.
A Complaint was lodged against Teleposta Cooperative Savings & Credit Ltd
(Teleposta Sacco) regarding delay in refunding the Complainants Sacco
contributions upon her retrenchment from Telkom Kenya in January 2007. PCSC
considered that there was an instance of unjustifiable delay and initiated inquiries
with the Ministry of Cooperative Development and Marketing. Through the
intervention of the Ministry, Teleposta Sacco refunded the Complainants
contributions. On this basis PCSC considered the Complaint settled hence closed.
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In June 2008, a Complainant wrote to the PCSC alleging she was unfairly and
unprocedurally dismissed from Masaku County Council. The allegations of
unfairness and improper procedure were that there were factual errors, her appeal
was not considered and that the recommendations of her immediate supervisor
were ignored when a decision to dismiss her was made. PCSC initiated inquiries
with the County Clerk of Masaku County Council. Following PCSC inquiries,
Masaku County Council reconsidered the dismissal, reinstated the Complainant
and paid the Complainants accrued dues during the period of dismissal. The PCSC
considered the matter amicably resolved and thus closed the file.
A Complaint was lodged against the Directorate of Research and Development
(DRD) in the Ministry of Higher Education, Science & Technology. The
Complainant alleged delay/ failure by DRD to pay for contractual services rendered.
The Complainant further alleged that he had written severally to the DRD but he
had not received a response as to the reasons for the delay or an indication as to
when the payment would be made. PCSC initiated inquiries with the Ministry of
Higher Education, Science & Technology into the delay. Responding to PCSC
inquiries, the Ministry admitted that there was an instance of unjustifiable delay
and effected the Complainants payment. On this basis PCSC considered the
Complaint settled and thus closed.
2.5.4
Complaints that Revealed no Wrongdoing
In some Complaints, PCSCs inquiries did not reveal any instance of wrongdoing by
the public institution complained against. The PCSC thus decided that no further
inquiries were justifiable and closed the Complaints.
A Complainant wrote to the PCSC alleging that his dismissal from the Kenya Power
& Lighting Company (KPLC) was improper on the grounds that he was not
informed of the reasons for dismissal, his Certificate of Service was issued 11 years
later and that he was not paid 2 months salary in lieu of notice. PCSC initiated
inquiries with KPLC into these allegations. KPLC advised the PCSC that the
Complainant had prior to his dismissal been invited to appear before Internal
Auditors for an interview regarding fraudulent refund claims that he had made.
However, the Complainant failed to appear for the interview without any reasons.
Additionally, KPLC advised that the Complainant had applied for the Certificate of
Service 10 years later and that he could not be paid 2 months salary in lieu of notice
as he was bound by a Collective Bargaining Agreement that stipulated otherwise.
PCSC considered that there was no instance of wrongdoing by KPLC, advised the
Complainant accordingly and closed the complaint.
19
A Complaint was lodged against Kenya Airports Authority (KAA) alleging delay in
payment of retirement benefits following retrenchment. The Complainant alleged
that she had on several occasions since April 2006 written to KAA seeking payment
of her retirement benefits but she had not received any response. PCSC initiated
inquiries into the delay. KAA advised the PCSC that the Complainants pension
dues were paid to her in September 2006 while the balance was held pending the
Complainants attainment of the retirement age. KAA further advised that if the
Complainant needed the remaining benefits on account of ill health, she could
present a medical report to that effect. On this basis PCSC found that there was no
instance of delay as alleged by the Complainant and advised the Complainant
accordingly.
2.5.5
Complaints where PCSC Initiated Further Inquiries
Some responses by public institutions to PCSC inquiries were considered to be

unsatisfactory. After careful examination of the responses, PCSC formed the
impression that the main issues and questions requiring a response remained
unanswered. PCSC decided to conduct further inquiries and invited the
Complainant to make comments and observations to the response of the public
institution.
A Complainant wrote to the PCSC alleging unfair treatment (injustice) by the
Pensions Department in handling her retirement benefits. The Complainant alleged
that while still in the service in the Ministry of Health, her Terms of Service were
converted from Contractual to Permanent and Pensionable. However, upon
retirement the Pensions Department declined to pay her retirement benefits on the
ground that her Terms of Service were Contractual. PCSC considered that there was
an instance of injustice and initiated inquiries with the Pensions Department.
Pensions Department responded to the PCSC explaining 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. PCSC considered
the response by the Pensions Department unsatisfactory and has initiated further
inquiries with the Public Service Commission seeking reasons for its decision.
20
2.5.6
Complaints where PCSC Promoted Mediation
In performance of its functions, Gazette Notice 5826 of June 29th 2007 empowers the
PCSC;
(vi)
To promote alternative dispute resolution through mediation;
In some Complaints where PCSC inquiries do not amount to a satisfactory
resolution of the Complaint by the public institution concerned or where no
satisfactory explanation is offered regarding the decision taken by the public
institution, PCSC brings together the Complainant and the public institution for
each party to hear the other partys point view and agree on a workable solution.
Below is an illustrative Complaint.
A community-based organization lodged a Complaint against the Tourism Trust
Fund (TTF) alleging that TTF had failed to honor a financial undertaking it had
made to the Complainant organization that it would provide counter-funding
towards construction of an Observatory Project and an Eco-Lodge on Kianjiru Hill,
Mbeere South District. The Complainant organization alleged that failure by TTF to
honor its undertaking would lead to withdrawal of the counter- funding from a
European agency. In addition the Complainant organization alleged that since 2005,
TTF had failed to respond to inquiries on the status of TTF funding. TTF on its part
alleged that the Complainant organization had not fulfilled certain criteria that were
mandatory before TTF could release its funds. After numerous PCSC inquiries
without a satisfactory explanation from TTF, PCSC organized a round-table meeting
between the Complainants and TTF, in the presence of the Permanent Secretary,
Ministry of Tourism, where the years-long deadlock was broken and the two parties
reached an agreement that TTF would source funding through the Ministry of
Tourism to honor its undertaking. The intervention and personal involvement in
resolving this issue by the Permanent Secretary, Ministry of Tourism, Mrs Rebecca
Nabutola, CBS, is greatly appreciated by the PCSC.
21
2.6
Impact of PCSCs Inquiries
PCSCs resolution of individual complaints often results in wider improvements in

public administration through the unearthing of systemic defects which come to
light through these complaints. PCSC then brings these systemic issues to the
attention of the public institutions concerned.
The following examples are illustrative of the above.
A Complainant lodged a Complaint against the office of the Registrar of
Companies. The Complainant alleged delay in obtaining a list of company Directors
from the office the Registrar. Specifically, the complainant alleged that there was an
assurance that the list would be availed within 7 days yet it took 21 days. Further,
the Complainant alleged discourtesy by the Registry officers. PCSC considered that
there was an instance of avoidable delay and discourtesy and initiated inquiries
with the office of the Attorney General. The Registrar of Companies wrote to the
PCSC explaining the delay and acknowledged that there was a lapse in the offices
failure to clearly communicate to the public on the status of their applications and
whatever requirements they may need to fulfil in order to have their applications
processed. The personal involvement of the Registrar of Companies, Ms Jane Joram,
in resolving this matter is appreciated by the PCSC, as is highlighted in the
Registrars letter to PCSC set out below;
22
23
24
2.6.1
Pyramid schemes
In the course of the PCSC nationwide Provincial visits, the PCSC received and
documented over 600 complaints relating to pyramid schemes.
PCSC held consultations with the Ministry of Cooperative Development and
Marketing, Central Bank of Kenya and the Office of the Attorney General on
resolving complaints relating to pyramid schemes. Subsequently, PCSC made
representations to the Task Force on the Activities of Pyramid Schemes established by
the Ministry of Cooperative Development and Marketing.
The gravamen of the complaints by defrauded Members of the public was, and
continues to be, the failure by any Government agency to detect the ongoing fraud
by the promoters of pyramid schemes, and to take necessary action to save gullible
members of the public from falling prey to the fraudsters.
In this regard, the PCSC is concerned about the Regulatory environment in the
financial sector as superintended by the Central Bank of Kenya, the Capital Markets
Authority and the Registry of Companies. The roles and possible contributions of
the Criminal Investigations Department and the National Security Intelligence
Service towards the escalation of pyramid schemes to a national disaster is also a
matter of concern.
In view of the decision by Government to establish a Task Force to inquire into this
matter, the PCSC has elected to await the findings of the Task Force, hoping that the
Task Force will make practical, effective and useful recommendations.
25
2.7
Letters of Appreciation from Complainants
26
27
28
29
2.8
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 also 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 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
PUBLIC INSTITUTION
NO. OF PCSC INQUIRIES

NOT- RESPONDED-TO
PERCENTAGE
PCSC 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.
As the list shows, the cavalier attitude to official correspondence by some public
institutions 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?
30
Kenya Police
Ministry of Local Government
Provincial Administration
Ministry of Lands
Ministry of Labour
State Law Office
Ministry of State for Defence
Pensions Department
Teachers Service Commission
Judiciary
Ministry of Medical Services
Advocates Complaints
Commission
Ministry of Education
Ministry of Finance
Ministry of Transport
Ministry of Gender, Children
and Social Affairs
Office of the Vice-President and
Ministry of Home Affairs
91
69
43
25
22
15
14
11
11
10
9
9
23
18
11
6
6
4
4
2.8
2.8
2
2
2
8
8
8
4
2
2
2
1
Ministry of Roads
Ministry of Public Works
Ministry of State for

Immigration and Registration of
Persons
Ministry of Information and

Communications
Ministry of Environment and

Natural Resources
Ministry of Industrialization
Public Service Commission
Ministry of Higher Education
Ministry of Foreign Affairs
31
Ministry of Cooperative
Development and Marketing
Ministry of Housing
Ministry of Wildlife and

Forestry
Ministry of National Heritage

and Culture
Ministry of Energy
387
100
TOTAL
PCSC INQUIRIES NOT RESPONDED TO FOR 3-6 MONTHS

Of the 387 inquiries made by the PCSC set out above, the following listing
comprises those public institutions that have NOT responded for 3-6 months.
PUBLIC INSTITUTION
NUMBER
PERCENTAGE
%
Kenya Police
Ministry of Labour
Ministry of Lands
Ministry of State for Defence
State Law Office
Advocates Complaints Commission
Pensions Department
The Judiciary
Ministry of Finance
Ministry of State for Immigration and
Registration of Persons
Ministry of Information and Communication
Office of the Vice- President and Ministry of
Home Affairs
Ministry of Roads
32
73
64
35
20
18
14
13
9
9
9
9
8
8
7
6
3
22
19
11
6
5
4
4
3
3
3
3
2
2
2
1.8
1
3
2
1
1
Ministry of Gender, Children and Social

Affairs
Ministry of Environment and Natural
Resources
Ministry of Agriculture
Ministry of Foreign Affairs
Ministry of Housing
Ministry of National Heritage and Culture
Ministry of Cooperative Development and
Marketing
Ministry of Energy
TOTAL
2
2
2
1
1
1
1
1
1
1
1
0
0
0
0
0
1
330
0
100

The following provides a listing of public institutions which have NOT responded
to PCSCs inquiries for duration of 7-9 months.
Public Institution
Kenya Police
Number
12
Percentage
33.3
5
5
14
14
Ministry of Lands
5.5
Ministry of Labour
State Law Office
2
2
5.5
5.5
Pensions Department
2.7
Kenya Commercial Bank

1
1
2.7
2.7
Ministry of Forestry & Wildlife
2.7

The Judiciary
1
1
2.7
2.7
Ministry Of Gender, Children & Social Affairs
2.7
TOTAL
1
36
2.7
100
33

The following provides a listing of public institutions which have NOT responded
to PCSCs inquiries for between 10 months and 1 year (12 months).
PUBLIC INSTITUTION
NUMBER
PERCENTAGE
Kenya Police
Min. of Lands
Kenyatta National Hospital
Pensions
Finance
Ministry of Gender, Children and
Social Affairs
3
2
2
1
1
1
1
1
20
13.3
13.3
6.6
6.6
6.6
6.6
6.6
Ministry of Roads
6.6
6.6
National Environmental
Management Authority
6.6
15
100
TOTAL
34
PCSC INQUIRIES NOT RESPONDED FOR OVER
ONE YEAR
The following institutions have not responded to specific inquiries for over one
year:
PUBLIC INSTITUTION
NUMBER
PERCENTAGE
Kenya Police
66.7
Ministry of Lands
33.3
100
TOTAL
35
CHAPTER THREE
3.0
STATISTICAL ANALYSIS
3.1
Complaints Received
In this Quarter, PCSC received a total of 334 new Complaints. 108 Complaints were
received in January, while 105 and 121 Complaints were received in the months of
February 2009 and March 2009 respectively as shown in the table below.
TABLE 1: Complaints received in the Quarter

MONTH
January
February
March
TOTAL
NUMBER
108
105
121
334
PERCENTAGE
32
32
36
100
TABLE 2: Statistical Summary

NO
1.
CATEGORY
TOTAL
Total number of complaints received by PCSC from
1,431
100%
322
22.5%
1,109
77.5%
July 2007 to 31st March 2009

2.
Number of resolved matters from July 2007 to 31st

March 2009
3.
Number of ongoing inquiries from July 2007 to 31st

March 2009
4.
Number of ongoing matters carried forward from
658
46%
67
5%
334
23.3%
previous Quarters up to 31st December 2009.

5.
Number of complaints from the previous Quarters

Carried Over to the next reporting period (Quarter)
6.
Number of complaints received in this Quarter
36
3.2
Classification of Complaints Received by PCSC Mandate
Within mandate: 324 (97 %)

Outside mandate: 10 (3%)
FIGURE 1: Distribution of Complaints According to the PCSC mandate.
Proportion of complaints within and outside mandate

Outside mandate
3%
Within mandate
97%
37
3.3
Analysis According to Action Taken by PCSC
TABLE 3: Analysis on Processing of Complaints Received
No. CATEGORY
1.
Complaints where further inquiries initiated.
TOTAL
48
14.4
0.3
0.3
23
261
78
334
100%
Complaints channeled to responsible

2.
department of government for action e.g.

The Police Complaints Department.
3.
Complaints referred to other investigative

agencies e.g. KACC and KNHCR
4.
5.
Complaints resolved1
Complaints carried over to the next
reporting period
TOTAL
Complaints resolved is a generic term comprising; complaints withdrawn by the
complainants, complaints settled by the public institution, complaints found to be without

merit and complaints where complainants were advised to turn to other agencies for further
action or redress.
38
FIGURE 2: Categorization of Complaints Processed by the PCSC
Carried over to next

Quarter , 78%
Ongoing inquiries,
14.40%
Referred to Other
investigative
agencies, 0.30%
Resolved, 7%
Channeled to other
Govt Dept., 0.30%
39
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
40
TABLE 4: Complaints Categories
CATEGORY
NO. OF COMPLAINTS
Delay
85
25
Injustice
76
23
Misuse of Office
70
21
Inattention
21
Unethical conduct
19
Incompetence
17
Inefficiency
15
Others
31
TOTAL
334
100%
41
FIGURE 3: Graphical Representation of Complaints Categories.
Complaints categories
25%
23%
21%
9%
6%
Delay
Injustice
6%
5%
5%
Misuse of Inattention Unethical IncompetenceInefficiency

office
conduct
42
Others
3.5 Analysis Based on Ministries and Public Sector Institutions

TABLE 5: Ministries and Public Sector Institutions Complained Against.
NO. OF COMPLAINTS
Kenya Police
60
18
37
11
Ministry of Labour
28
Judiciary
24
Ministry of Lands
23
Ministry of state for Defence
22
17
State Law Office
10
Ministry of Finance
Pensions Department
Kenya Revenue Authority
Ministry of Cooperative
PUBLIC INSTITUTION
Development & Marketing
Advocates Complaints
Commission
Public Service Commission of
Kenya
43
Ministry of Youth Affairs &
Sports
Ministry of Roads
Ministry of Planning, National
Development & Vision 2030
Ministry of Livestock
Development
Office of the Vice President &
Ministry of Home Affairs
Telkom Kenya
Public Universities
Ministry of Forestry & Wildlife
Ministry of state for Immigration
& Registration of persons
Ministry of Housing
Ministry of Gender, Children &
Social Development
Kenya National Assurance Co.
Ltd
Banks
Private institutions/Individual
Parliamentary Service
Commission
Government Printers
Ministry of Water & Irrigation
Ministry of Tourism
44
Ministry of Regional
Development Authorities
Ministry of state for Development
of Northern Kenya & other Arid

lands
Ministry of Environment &
Natural resource
Kenya Anti-Corruption
Commission
Total
334
100
The Complaints received involved almost all 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 98,
which represents 29% of the total Complaints received. Out of the 98 Complaints
received against this Ministry, 60 Complaints were against the Kenya Police while
37 Complaints were against the Provincial Administration and 1 against the
Government Printer. The Ministry of Labour recorded 8% of the total Complaints
received. It was followed by the Ministry of Lands and the Judiciary with 7% each.
45
FIGURE 4: Graphical Representation of Complaints Received by Ministries and

Public Sector Institutions.
Complaints by Ministries and Public Sector Institutions
Others
30%
Pensions Department
2%
Ministry of Finance
3%
State Law Office
3%

Ministry of state for Defence
5%
6%
Ministry of Lands
7%
Judiciary
7%
Ministry of Labour
8%
11%
18%
Kenya Police
3.6 Analysis of Complaints Based on Provinces.

The highest number of Complaints was received from Nairobi Province at 24%,
followed by Central Province at 23% and Eastern Province at 14%. The least number
of Complaints was received from Coast and North Eastern Provinces at 3% and 1%
respectively. This variance in distribution can be attributed to the proximity of
PCSC offices. These statistics highlight the urgent need to spread PCSCs presence
46
to, at the very least, all Provincial Headquarters, and subsequently to District
Headquarters. This is emphasized by the fact that 78% of all Complaints received by
PCSC come to our attention through personal visits to PCSC offices at Shell & BP
House, Harambee Avenue, Nairobi see Table 6 below.
TABLE 6: Distribution of Complaints across the Provinces
PROVINCE
NO. RECEIVED
Nairobi
81
24
Central
76
23
Eastern
46
14
Rift Valley
44
13
Western
40
12
Nyanza
32
10
Coast
12
North Eastern
Others
334
100%
TOTAL
47
FIGURE 5: Graphical Representation of Complaints received by Province
Geographic distribution of complaints received

24%
23%
25%
20%
14%
12%
15%
13%
10%
%
10%
3%
5%
1%
0%
0%
Not
N/Eastern
indicated
Coast
Nyanza
Western
Province
48
R/valley
Eastern
Central
Nairobi
3.7
Analysis by Mode of Lodging Complaint
TABLE 7: Mode of Lodging Complaints

NO. RECEIVED
MODE OF REPORTING
Personal Visit
262
78
Postal mail
59
18
Referral from other institutions
10
E-mail
334
100%
TOTAL
FIGURE 6: Graphical Representation of Mode of Reporting Complaints.
Mode of reporting complaints with the PCSC

78%
80%
70%
60%
50%
% 40%
18%
30%
3%
20%
1%
10%
0%
Personal visit
Post
Referral
49
E-mail
3.8
Analysis by Gender
TABLE 8: Complaints Distribution by Gender.

NUMBER
Male
266
80
Female
51
15
Organizations/Groups
17
TOTAL
334
100%
GENDER
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 PCSC mandate and encouraged to
lodge their Complaints with it. Encouraging more women to bring their Complaints
can be realized through conducting civic education countrywide with specific
regard to women and engaging with women groups, faith and community based
organizations operating at grass-root levels to empower more women on where and
how to lodge their Complaints to the PCSC.
50
FIGURE 7: Graphical Representation of Complaints received by Gender
Complainants distribution by gender
Organization/Group
5%
Female
15%
Male
80%
51
3.9
Monthly Analysis of Complaints in the Quarter
TABLE 9: Current Status of the Quarter Complaints.
TOTAL
STATUS
JANUARY
FEBRUARY
MARCH
Inquiries initiated
37
48
14.4
53
90
118
261
78
17
23
0.3
0.3
108
105
121
334
100%
by the PCSC
Carried over to
the next reporting
period
Complaints
resolved
Channeled
to
other government
institutions
Referred to other
investigative
agencies
TOTAL
52
FIGURE 8: Monthly comparative analysis of the Quarter Complaints
Comparative analysis of complaints processed during the Quarter

118
90
53
37
17
9
1
5
0
January
February
March
Month
Ongoing
Carried Over
Resolved
53
Channeled
Referred
3.10 Comparative Analysis by Quarters

TABLE 10: Comparison of Complaints Processed in the 2nd Quarter, 2008/09 and 3rd
Quarter 2008/09.
STATUS
Q2
Q3
Inquiries initiated by PCSC
151
40
48
14.4
152
41
261
78
22
0.3
0.3
Resolved by the PCSC
44
12
23
TOTAL
373
100% 334
Carried Over to the next reporting

period
Complaints channeled to responsible
department of government for action
e.g. The Police Complaints Department.
Referred to other investigative agencies
e.g. KACC and KNHCR
54
100%
FIGURE 9: Graphical Representation of Complaints processed in the 2nd & 3rd

Quarter s of 2008/09.
Complaints processed in the 2nd & 3rd Quarters of 2008/09
41%
Carried Over
40%
Ongoing
Resolved
Channeled
Referred
12%
78%
14.40%
7%
6% 0.30%
1% 0.30%
2nd Quarter
55
3rd Quarter
CHAPTER FOUR
4.0
COMMUNICATION ACTIVITIES
PCSCs communications activities are aimed at two main objectives; first to inform
potential Complainants of their right to complain and how to exercise it and
secondly, to establish working relations between the PCSC and Government
agencies and Departments in order to deal effectively and efficiently with
Complaints.
4.1
Outreach
PCSC uses outreach activities as an opportunity to meet with authorities in different

regions of the country and to discuss with them the role of the PCSC. Equally
important, through outreach activities, PCSC has the opportunity to listen to the
concerns of the public and different organizations in different parts of the country.
In the Quarter under Review, PCSC participated in the African Youth Trust
Conference held in February 2009 in Nairobi. Through its participation, PCSC met a
network of youth groups and publicized the PCSCs mandate besides distributing
promotional material on the PCSC.
In addition, the PCSC participated in the Judiciary Open Day held in March 2009 at
the Kakamega High Court. PCSC educated members of the public, judicial officers
and public officers on the role of the PCSC, its mandate and how to lodge
complaints.
4.2
PCSC Quarterly Report
Gazette Notice 5826 of 2007 requires the PCSC in exercise of its functions;
To publish quarterly reports for public information on the number and nature of
Complaints received and the action taken by the committee.
In March 2009, PCSC released to the public its 1st and 2nd Quarterly Reports for the
2008/2009 Financial Year. Undoubtedly, knowledge and understanding of the role
of the PCSC was enhanced by the issuing of the two public reports, outlining the
PCSCs outputs of resolving of individual complaints on the one hand while
identifying systemic defects in service delivery and taking corrective measures and
recommendations thereon.
56
4.3
Engagement with Government Agencies
As with all institutions, PCSCs capacity to deal effectively with Complaints and
improve public service delivery is influenced by the nature of its relationship with
public officers and government Departments and Agencies. Regular consultations
and meetings are a routine part of the PCSCs work. These meetings allow the PCSC
to promote the principles of administrative fairness and also offer the expertise of
the PCSC to institutions that may wish to improve their administrative procedures
and practices. In the Quarter under Review, PCSC held consultative meetings with
the Police Department, the Judiciary, the Kenya Power & Lighting Company, the
Ministry of Tourism, the Ministry of Cooperative Development and Marketing and
the Ministry of State for Public Service.
4.4
Media interviews
The PCSC media activities comprise mainly interviews and media appearances.
These interviews help draw attention to the service that PCSC provides to the
public. Equally, the interviews emphasise the role of the PCSC in public sector
reforms thus enabling Government Departments and agencies to adopt a culture
geared towards providing answers and solutions to PCSCs inquiries on complaints
lodged by the public.
In the Quarter under Review, the PCSC gave several media interviews. A highlight
of the PCSC media activities in the Quarter was participation in an interactive
programme hosted by the National Anti-Corruption Campaign Steering Committee
with the public on the role of the PCSC in fighting corruption in the public sector.
4.5
Website
The PCSC makes use of opportunities for information an interaction provided by

the internet. To this end, information about the PCSC is available at
www.justice.com. It is intended that the PCSC website will soon be developed to
include a much wider range of material, including PCSC Quarterly Reports, and
with interactive possibilities for the public.
57
CHAPTER FIVE
5.0
RECOMMENDATIONS MADE IN QUARTERLY REPORTS
5.1
Recommendations Arising From Complaints-Handling.

MADE IN QUARTERS 1 & 2 OF FY 2007/08:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
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
58
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.

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
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
59
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.
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.
5.2
RECOMMENDATIONS MADE IN CURRENT QUARTER - Q3, FY

2008/2009
ADDRESSEE: HEAD OF THE PUBLIC SERVICE
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 interpretation 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.
5.3
Cross-cutting Recommendations Arising from the PCSCs Provincial Visits

in November-December 2008.
1.
Non-implementation and/or poor enforcement of The Traffic Act

It is a notorious fact, reflected by innumerable Complaints by members of the
public, that the order and discipline instituted on Kenyas road transport
sector through the so-called Michuki Rules has disintegrated beyond
recognition. Today, wanton impunity reigns, leading to avoidable loss of
lives and property. Having had the benefit of seeing effective reforms in the
transport sector, and having seen the reforms vanish into thin air, Kenyans
have a sound basis to make the obvious connection between the lapse in
enforcement with the policy and administrative management of the sector. It
is also clear that strict enforcement of The Traffic Act, with all its attendant
benefits, is easily attainable, and maintainable, with the requisite political
will and direction. This problem can only be solved by the Appointing
Authority.
2.
Public officers should wear identification badges at all times.

Members of the public felt that it was necessary for public officers to wear
identification badges at all times. This would enable the public to identify
officers who offer either exemplary or poor services. A key component of
public sector reforms is ensuring that individual officers adhere to The Public
Officers Ethics Act. Ensuring compliance is only achievable if individual
officers are identifiable by the public in the course of service delivery. In
addition, the PCSCs mandate is specifically directed at public officers. It is
61
therefore imperative that public officers should identify themselves through

identification badges in the course of offering services.
3.
Acknowledgment and prioritization of issues affecting Women and

Children
Members of the public felt that the vulnerability of women and children
should be taken into account in all spheres of Government. PCSC attests to
this based on the gender disparity of complaints received by the PCSC.
During this reporting Quarter, 80% of the complaints were lodged by men,
15% by women and 5% by institutions/organisations. PCSC has been and will
continue addressing this disparity by developing Advocacy and Outreach
programmes that specifically target women and women groups. In addition,
PCSC recommends close collaboration of Government Departments with the
Ministry of Gender, Children and Social Services to address issues that affect
Women and Children in accessing public services.
4.
Accessing the Women and the Youth Funds

While members of the public across the provinces expressed knowledge of
and appreciation for the Women and Youth Funds, it was reported that the
Funds were not accessible especially in the rural areas due to unduly
stringent lending terms and conditions. The administrative costs of the
middle-man, i.e. the Bank or Intermediary involved, and the eventual cost of
credit, are a matter of strategic concern if these Funds are to reach their
intended beneficiaries and do them any benefit. This issue needs to be
urgently revisited by the Ministries of Gender, Children and Social Services
and Youth and Sports. The commercial self-interest of the intermediaries is
and will remain at odds with the public interest on this issue.
5.
Pyramid Schemes
The issue of pyramid schemes was raised in all the provinces with investors
reporting that they lost massive sums of money. PCSC recommends that the
findings and recommendations of the Task Force on Pyramid Schemes
established under the Ministry of Cooperative Development and Marketing
should be implemented especially with a view of ensuring that the investors
recover monies invested with the schemes, legislative framework is put in
place to prevent the establishment of such schemes and better policing by
62
Government of Saccos and deposit taking institutions to shield the public

from such losses.
63
ANNEXTURE
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
KENYA POLICE
1
31-Mar-09
Nakuku Toli
Rift Valley
Visit PCSC
Delay
Kenya Police
Within
New
Grace Madoka
30-Mar-09
Nairobi
Referral
Injustice
Kenya Police
Within
New
Grace Madoka
26-Mar-09
Eastern
Visit PCSC
Misuse of office
Kenya Police
Within
New
Grace Madoka
26-Mar-09
Eastern
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
25-Mar-09
Wilfred Nkuri
Tedhaus Mutuku
Ngenga
Jeremiah M'Njogu
M'Torogoji
Peter Thuranira
Mwongera
Nairobi
Visit PCSC
Misbehavior
Kenya Police
Within
New
Grace Madoka
25-Mar-09
Mucina Ezekiel Gathekia
Nairobi
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
24-Mar-09
Central
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
23-Mar-09
John Kariuki Mwangi

Daniel Mbuku
Mukhwana
Western
Visit PCSC
Injustice
Kenya Police
Within
New
Grace Madoka
23-Mar-09
Margaret Mumbi
Nairobi
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
10
23-Mar-09
Nelly Njambi Muriithi
Central
Visit PCSC
Breach of integrity
Kenya Police
Within
New
Grace Madoka
11
20-Mar-09
Moses Gachoki & Others
Central
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
12
19-Mar-09
Central
Visit PCSC
Misuse of office
kenya Police
Within
New
Grace Madoka
13
17-Mar-09
Sophia Wambui Muiruri

Makhandia &
Makhandia advocates
Post
Delay
Kenya Police
Within
New
Grace Madoka
14
16-Mar-09
Rufus Karani Stephen
Nairobi
Visit PCSC
Breach of integrity
Kenya Police
Within
New
Grace Madoka
15
16-Mar-09
James Mwongela Muteti
Eastern
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
16
16-Mar-09
Mark Mwanzia Muasya
Nairobi
Visit PCSC
Misuse of office
Kenya Police
Within
New
Grace Madoka
Nairobi
64
PUBLIC
INSTITUTION
MANDATE
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
PROVINCE
SEX
17
12-Mar-09
Lawrence Ngugi Kimata
Rift Valley
Visit PCSC
Inattention
Kenya Police
Within
New
Grace Madoka
18
12-Mar-09
Robert Mutiso Lelli
Nairobi
Visit PCSC
Incompetence
Kenya Police
Within
New
Grace Madoka
19
09-Mar-09
George Njoroge Chege
Nairobi
Visit PCSC
Misuse of office
Kenya Police
Within
Ongoing
Grace Madoka
20
06-Mar-09
Nelly Muiruri
Nairobi
Visit PCSC
Misuse of office
Kenya Police
Within
Ongoing
Grace Madoka
21
06-Mar-09
Muendo Muasya
Eastern
Post
Delay
Kenya Police
Within
New
Grace Madoka
22
03-Mar-09
Nyanza
Visit PCSC
Injustice
Kenya Police
Within
New
Grace Madoka
23
02-Mar-09
David Mwita Marwa

George Ndungu
Kamunge
Rift Valley
Visit PCSC
Unethical conduct
Kenya Police
Within
New
Grace Madoka
24
27-Feb-09
Francis Kanyi
Nairobi
Visit PCSC
Unethical conduct
Kenya Police
Within
New
Grace Madoka
25
26-Feb-09
Bonface Mbahya Ngoli
Western
Post
Misuse of office
Kenya Police
Within
Ongoing
Grace Madoka
26
26-Feb-09
Peter Njenga Ngome
Rift Valley
Visit PCSC
Delay
Kenya Police
Within
Ongoing
Grace Madoka
27
25-Feb-09
Wilfred Olooko Muroka
Western
Visit PCSC
Misuse of office
Kenya Police
Within
New
Grace Madoka
28
24-Feb-09
Tsuma Chaka Mrabu
Coast
Visit PCSC
Delay
Kenya Police
Within
New
Grace Madoka
29
23-Feb-09
Masila Musyoka
Eastern
Visit PCSC
Inattention
Kenya Police
Within
Ongoing
Grace Madoka
30
19-Feb-09
Joseph Mwaura Thianga
Central
Visit PCSC
Delay
Kenya Police
Within
New
Grace Madoka
31
17-Feb-09
Noor Baya Pwani
Coast
E-mail
Misuse of office
Kenya Police
Within
New
Grace Madoka
32
16-Feb-09
Rift Valley
Visit PCSC
Injustice
Kenya Police
Within
New
Grace Madoka
33
16-Feb-09
James Munene Kahariri

Maurice Onyango
Odede
Nyanza
Visit PCSC
Misuse of office
Kenya Police
Within
Ongoing
Grace Madoka
34
16-Feb-09
Abdulrahim Ali Bakathir
Eastern
Visit PCSC
Breach of integrity
Kenya Police
Within
Ongoing
Grace Madoka
35
12-Feb-09
Nairobi
Visit PCSC
Delay
Kenya Police
Within
Ongoing
Grace Madoka
36
09-Feb-09
Peter Nderitu Githinji

Peter Jarega Ang'u
Majani
Western
Visit PCSC
Injustice
Kenya Police
Within
Channeled
Grace Madoka
37
05-Feb-09
Samuel Muigai
Nairobi
Visit PCSC
Inattention
Kenya Police
Within
Ongoing
Grace Madoka
65
COMPLAINTS
CATEGORY
CASE
STATUS
MODE OF
CONTACT
PUBLIC
INSTITUTION
MANDATE
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
PROVINCE
SEX
38
04-Feb-09
Susan Njoki Mutahi
Central
Visit PCSC
Maladministration
Kenya Police
Within
Ongoing
Grace Madoka
39
04-Feb-09
George Waweru Kariuki
Nairobi
Visit PCSC
Inefficiency
Kenya Police
Within
Channeled
Grace Madoka
40
03-Feb-09
Fanuel Saly Wambulwa
Rift Valley
Visit PCSC
Inefficiency
Kenya Police
Within
New
Grace Madoka
41
02-Feb-09
Rift Valley
Visit PCSC
Misuse of office
Kenya Police
Within
Channeled
Grace Madoka
42
28-Jan-09
Panuel Ireri Njoka

Eunice Marwa
Nyamoraba
Nyanza
Visit PCSC
Delay
Kenya Police
Within
Ongoing
Grace Madoka
43
27-Jan-09
Central
Visit PCSC
Unethical conduct
Kenya Police
Within
New
Grace Madoka
44
27-Jan-09
Central
Visit PCSC
Incompetence
Kenya Police
Within
New
Grace Madoka
45
27-Jan-09
Central
Visit PCSC
Misuse of office
Kenya Police
Within
Advised
Grace Madoka
46
22-Jan-09
Central
Visit PCSC
Misuse of office
Kenya Police
Within
New
Grace Madoka
47
22-Jan-09
Paul Lex Rutherford

Pastor Daniel Wambua
Muindi
Raphael Muendo
Kathukya 2
Johnson Mwangi
Ndirangu
Arthur Paul Mutsune
Odima
Western
Visit PCSC
Misuse of office
Kenya Police
Within
Channeled
Grace Madoka
48
22-Jan-09
Charity K Kimani
Nairobi
Visit PCSC
Incompetence
Kenya Police
Within
Ongoing
Grace Madoka
49
20-Jan-09
Mercy Njeri Mau
Central
Visit PCSC
Inattention
Kenya Police
Within
Ongoing
Grace Madoka
50
15-Jan-09
Central
Visit PCSC
Injustice
Kenya Police
Within
New
Grace Madoka
51
15-Jan-09
Nairobi
Visit PCSC
Injustice
Kenya Police
Within
Ongoing
Grace Madoka
52
14-Jan-09
Central
Visit PCSC
Unethical conduct
Kenya Police
Within
New
Grace Madoka
53
12-Jan-09
Eastern
Visit PCSC
Injustice
Kenya Police
Within
New
Grace Madoka
54
12-Jan-09
Washington N Karigu
James Jimmy Wilson
Ndungi
Joseph Kamande
Waruinge
Dhillox Nyambali
Kitema
Kennedy Kilonzi
Mutukaa
Eastern
Visit PCSC
Misuse of office
Kenya Police
Within
New
Grace Madoka
66
COMPLAINTS
CATEGORY
CASE
STATUS
MODE OF
CONTACT
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Kenya Police
Within
New
Grace Madoka
DATE
NAME
PROVINCE
SEX
55
12-Jan-09
David Lunganji
Amakang'a
Nairobi
MODE OF
CONTACT
Referral
from
KNCHR
56
09-Jan-09
Lucas R Mutugi
Central
Post
Misuse of office
Kenya Police
Within
Advised
Grace Madoka
57
06-Jan-09
John Muriithi Munene
Central
Visit PCSC
Injustice
Kenya Police
Within
Ongoing
Grace Madoka
58
06-Jan-09
Albert Ndambiri Ngito
Central
Visit PCSC
Injustice
Kenya Police
Within
Resolved
Grace Madoka
59
05-Jan-09
Central
Visit PCSC
Inefficiency
Kenya Police
Within
New
Grace Madoka
60
05-Jan-09
Jeremiah Jwok Gai

Joseph Nicodemus
Masha
Nairobi
Visit PCSC
Injustice
Kenya Police
Within
Ongoing
Grace Madoka
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
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
Injustice
PROVINCIAL ADMINISTRATION
1
30-Mar-09
Rift Valley
Post
Misuse of office
30-Mar-09
Richard Korios
Jackson Kimatian
Kumare
Rift Valley
Visit PCSC
Misuse of office
25-Mar-09
Elias Obura Ndege
Nyanza
Visit PCSC
Inattention
16-Mar-09
Rift Valley
E-mail
Misuse of office
16-Mar-09
Peter K Sirma
Sh. Athman Abdalla
Athman
Nairobi
Referral
Inattention
16-Mar-09
Kiplagat Ole Sengsengat
Rift Valley
Visit PCSC
Inattention
05-Mar-09
Erastus P Gomba
Nyanza
Visit PCSC
Misuse of office
04-Mar-09
Daniel Kiminza Ngovi
Eastern
Visit PCSC
Injustice
67
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
04-Mar-09
Julius Mutio Matheka
Eastern
Visit PCSC
Misuse of office
10
27-Feb-09
Western
Visit PCSC
Injustice
11
23-Feb-09
Gabriel Ongeso
Vironica Gathoni &
Others
Central
Visit PCSC
Inattention
12
18-Feb-09
Rabecca Kivinya Kioko
Eastern
Visit PCSC
Misuse of office
13
16-Feb-09
Rift Valley
Post
Misuse of office
14
16-Feb-09
Sigei Julius Kipyegon

Charles Matagaro
Mogaka
Nyanza
Visit PCSC
Injustice
15
10-Feb-09
Clement Ndungu
Nairobi
Post
Misuse of office
16
10-Feb-09
Thomas Okode Ingara
Western
Post
Inattention
17
04-Feb-09
Ali Ismail Baraki 2
NEP
Visit PCSC
Injustice
18
04-Feb-09
Joseph Wanjala Masinde
Nairobi
Visit PCSC
Misuse of office
19
03-Feb-09
James Macharia Muriithi
Central
Visit PCSC
Misuse of office
20
22-Jan-09
Eastern
Visit PCSC
Injustice
21
22-Jan-09
Fredrick Mumo Nzuki

Urban Kachenja
Kumuka
Western
Visit PCSC
Misuse of office
PUBLIC
INSTITUTION
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
22
22-Jan-09
John Gathogo Mwangi
Central
Visit PCSC
Breach of integrity
Provincial
68
COMPLAINTS
CATEGORY
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Peter Karingu
Within
New
Amb. Simani
Within
Ongoing
Grace Madoka
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
New
Amb. Simani
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
Visit PCSC
Inattention
NO
DATE
NAME
PROVINCE
23
20-Jan-09
Kibera IDPs
Nairobi
24
19-Jan-09
John Mwaingi
Central
Visit PCSC
Misuse of office
25
15-Jan-09
Nairobi
Visit PCSC
Misuse of office
26
14-Jan-09
Felister Wanja Nduguti

Beatrice Matende Chere
Embati
Western
Visit PCSC
Delay
27
13-Jan-09
Ekwiy Moses Alanyi
Rift Valley
Visit PCSC
Incompetence
28
08-Jan-09
Mary Waithira Kariuki
Nairobi
Visit PCSC
Misuse of office
29
07-Jan-09
Henry Obiero Namuleta
Western
Visit PCSC
Delay
30
07-Jan-09
Moses Martin Kirai
Rift Valley
Post
31
02-Jan-09
Stephen K Mbila
Eastern
Post
Unethical conduct
32
02-Jan-09
Johnstone Imbira
Western
Post
Incompetence
33
02-Jan-09
Julius Mweru Kamau
Central
Post
Misuse of office
34
11-Mar-09
James Omweri Oganga
Central
Visit PCSC
Injustice
35
07-Jan-09
Kibwezi Resident Ass.
Eastern
Visit PCSC
Inefficiency
69
PUBLIC
INSTITUTION
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Administration.
Provincial
Admin
Provincial
Admin
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
Outside
Closed
Peter Karingu
Within
Ongoing
Grace Madoka
Within
Advised
Peter Karingu
Within
New
Amb. Simani
Within
New
Amb. Simani
Within
Ongoing
Amb. Simani
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
36
06-Jan-09
David Njenga Kimunya
Rift Valley
Visit PCSC
Incompetence
37
02-Jan-09
Eastern
Post
Maladministration
38
10-Feb-09
D G Nduma
Kenya Citizens For
Change
Post
Corruption
Nairobi
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
Provincial
Admin
Provincial
Admin
Government
Printer
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
New
Amb. Simani
Outside
Advised
Peter Karingu
Within
New
Amb. Simani
MINISTRY OF LABOUR
1
30-Mar-09
Charles Kyalo Mutemi
Eastern
Visit PCSC
Delay
Min. of Labour
Within
New
Nafisa Abass
23-Mar-09
Western
Visit PCSC
Delay
Min. of Labour
Within
New
Nafisa Abass
19-Mar-09
Olen Kamadi Kafuna

Dardeus Bogonko
Masese
Nairobi
Visit PCSC
Injustice
Min. of Labour
Within
New
Nafisa Abass
13-Mar-09
Justus Nyabera Nyanaro
Nyanza
Visit PCSC
Maladministration
Min. of Labour
Within
Ongoing
Nafisa Abass
26-Feb-09
David Atanas Lisambu
Western
Visit PCSC
Injustice
Min. of Labour
Within
Ongoing
Nafisa Abass
26-Feb-09
Maureen A Maloba
Coast
Post
Injustice
Min. of Labour
Within
New
Nafisa Abass
24-Feb-09
Joseph M Kamea
Eastern
Visit PCSC
Delay
Min. of Labour
Within
New
Nafisa Abass
23-Feb-09
Festus Okoth Opiyo
Nyanza
Visit PCSC
Misuse of office
Min. of Labour
Within
Ongoing
Nafisa Abass
19-Feb-09
Andrew Onyango
Nairobi
Visit PCSC
Delay
Min. of Labour
Within
New
Nafisa Abass
10
19-Feb-09
Kennedy Akidiva Ghona
Western
Visit PCSC
Delay
Min. of Labour
Within
Ongoing
Nafisa Abass
11
16-Feb-09
Cosmos Liyayi Aliongo
Western
Visit PCSC
Delay
Min. of Labour
Within
Ongoing
Nafisa Abass
12
11-Feb-09
Musembi Syondungo
Eastern
Visit PCSC
Delay
Min. of Labour
Within
New
Nafisa Abass
13
09-Feb-09
Central
Visit PCSC
Misuse of office
Min. of Labour
Within
New
Nafisa Abass
14
09-Feb-09
Nairobi
Visit PCSC
Misuse of office
Min. of Labour
Within
Ongoing
Nafisa Abass
15
09-Feb-09
Martha Wangui Maina

Monicah Kemunto
Gesora
Samuel Manase Jahonga
& Others
Visit PCSC
Misuse of office
Min. of Labour
Within
Advised
Nafisa Abass
Rift Valley
70
MANDATE
PROVINCE
SEX
04-Feb-09
Eastern
Visit PCSC
Misuse of office
Min. of Labour
Within
Ongoing
Nafisa Abass
17
02-Feb-09
Norman Kamau Itimu
Rift Valley
Visit PCSC
Inefficiency
Min. of Labour
Within
Ongoing
Nafisa Abass
18
02-Feb-09
Solomon Peter Ambuku
Coast
Visit PCSC
Incompetence
Min. of Labour
Within
Ongoing
Nafisa Abass
19
29-Jan-09
Alice Kerubo Mochama
Nairobi
Visit PCSC
Injustice
Min. of Labour
Within
New
Nafisa Abass
20
27-Jan-09
Charles K Salano
Western
Visit PCSC
Injustice
Min. of Labour
Within
Closed
Nafisa Abass
21
23-Jan-09
NEP
Post
Injustice
Min. of Labour
Within
Ongoing
Nafisa Abass
22
22-Jan-09
Yunis Kolfa & Others

Mwenda Musee &
Others
23
21-Jan-09
24
21-Jan-09
25
DATE
16
Nairobi
PUBLIC
INSTITUTION
COMMITTEE
MEMBER IN
CHARGE
NAME
Sebastian Maundu
Ngondu
NO
COMPLAINTS
CATEGORY
CASE
STATUS
MODE OF
CONTACT
Visit PCSC
Misuse of office
Min. of Labour
Within
Ongoing
Nafisa Abass
Western
Visit PCSC
Unethical conduct
Min. of Labour
Within
Ongoing
Nafisa Abass
Nairobi
Visit PCSC
Delay
Min. of Labour
Within
Ongoing
Nafisa Abass
20-Jan-09
Lingoln Otakwa M'meli

Ignestius Songore
Inganji
Kennedy Mutinda
Nzioka
Nairobi
Visit PCSC
Injustice
Min. of Labour
Within
Ongoing
Nafisa Abass
26
19-Mar-09
Mohamed Issa Abdi
Others
Visit PCSC
Unethical conduct
NSSF
Within
New
Peter Karingu
27
12-Mar-09
Wachiuri Kabuchwa
Rift Valley
Visit PCSC
Delay
NSSF
Within
New
Peter Karingu
28
20-Jan-09
Frederick Gundi Kiaye
Nyanza
Visit PCSC
Discourtesy
NSSF
Within
New
Peter Karingu
JUDICIARY
1
26-Mar-09
25-Mar-09
25-Mar-09
Ambrose Patrick
Malanda
Mbugua Mukara
Githuka
Joseph Waithaka
Wachira
24-Mar-09
John Githinji Wangondu
Western
Visit PCSC
Ineptitude
Judiciary
Within
New
Grace Madoka
Central
Visit PCSC
Delay
Judiciary
Within
Ongoing
Grace Madoka
Central
Post
Injustice
Judiciary
Within
New
Grace Madoka
Central
Visit PCSC
Incompetence
Judiciary
Within
New
Grace Madoka
71
PUBLIC
INSTITUTION
MANDATE
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
& Others
PROVINCE
SEX
23-Mar-09
Leah Isiaho Lirunjilu
Western
Post
Delay
Judiciary
Within
New
Grace Madoka
23-Mar-09
Billy Elias Nyonje 2
Western
Post
Delay
Judiciary
Within
New
Grace Madoka
23-Mar-09
Dorcas Rebeca Nyonje
Western
Post
Delay
Judiciary
Within
New
Grace Madoka
18-Mar-09
Peter Kinyanjui
Central
Visit PCSC
Breach of integrity
Judiciary
Within
New
Grace Madoka
16-Mar-09
Central
Post
Breach of integrity
Judiciary
Within
New
Grace Madoka
10
20-Feb-09
James Wachira Muigai

Francis Mbui Mbora &
Others
Central
Visit PCSC
Delay
Judiciary
Within
New
Grace Madoka
11
19-Feb-09
Francis Kanyi Karonji 2
Nairobi
Visit PCSC
Delay
Judiciary
Within
New
Grace Madoka
12
18-Feb-09
Mary Wairimu Ngatia
Central
Visit PCSC
Delay
Judiciary
Within
Advised
Grace Madoka
13
18-Feb-09
Rift Valley
Visit PCSC
Delay
Judiciary
Within
New
Grace Madoka
14
17-Feb-09
Gacanja Gitere
Hannah Nyambura
Githukia
Central
Visit PCSC
Incompetence
Judiciary
Within
New
Grace Madoka
15
16-Feb-09
Yackobet M Wabuko
Western
Visit PCSC
Unethical conduct
Judiciary
Within
New
Grace Madoka
16
05-Feb-09
Madiha Adalja
Nairobi
Post
Breach of integrity
Judiciary
Within
Advised
Grace Madoka
17
03-Feb-09
Elias Njagi Kavanda
Nairobi
Visit PCSC
Corruption
Judiciary
Within
New
Grace Madoka
18
02-Feb-09
John Kigotho Kwenjera
Central
Visit PCSC
Delay
Judiciary
Within
Ongoing
Grace Madoka
19
02-Feb-09
Aloisius Iriga Nderi
Nairobi
Visit PCSC
Delay
Judiciary
Within
Ongoing
20
30-Jan-09
Nairobi
Post
Delay
Judiciary
Within
Ongoing
21
27-Jan-09
Western
Post
Delay
Judiciary
Outside
Closed
Grace Madoka
22
08-Jan-09
Bernard Mwaniki Nyaga

Aneriko Zebedayo W
Waswa
Peter Sifuna
Makanyanga
Peter Karingu
Kenneth
Mwige
Western
Visit PCSC
Delay
Judiciary
Within
Ongoing
Grace Madoka
23
08-Jan-09
Complainants Inquiry
Nyanza
Post
Unethical conduct
Judiciary
Outside
Closed
Grace Madoka
72
COMPLAINTS
CATEGORY
CASE
STATUS
MODE OF
CONTACT
NO
DATE
NAME
File
PROVINCE
SEX
MODE OF
CONTACT
24
10-Mar-09
Ndiema Bera Martin
Rift Valley
Visit PCSC
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Judicial Service
Commission
Within
New
Grace Madoka
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
Injustice
MINISTRY OF LANDS
1
31-Mar-09
Nyanza
Post
Corruption
Min. of Lands
Within
New
Peter Karingu
23-Mar-09
Simon Manyoni Mogire

Josephat Machanja
Induli
Western
Post
Inefficiency
Min. of Lands
Within
New
Peter Karingu
23-Mar-09
Billy Elias Nyonje
Western
Post
Misuse of office
Min. of Lands
Within
New
Peter Karingu
19-Mar-09
Nelson Ikatwa Sawe 2
Rift Valley
Visit PCSC
Delay
Min. of Lands
Within
New
Peter Karingu
19-Mar-09
J G Kinyanjui
Central
Post
Misuse of office
Min. of Lands
Within
New
Peter Karingu
13-Mar-09
Hannah Wanjiru Kamau
Central
Visit PCSC
Misuse of office
Min. of Lands
Within
Ongoing
Peter Karingu
11-Mar-09
David Ndegwa Kimemia
Central
Visit PCSC
Inattention
Min. of Lands
Within
New
Peter Karingu
10-Mar-09
Orowa David Kinyaga
Nyanza
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
10-Mar-09
David Macharia Gakuya
Central
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
10
06-Mar-09
Central
Visit PCSC
Unethical conduct
Min. of Lands
Within
New
Peter Karingu
11
05-Mar-09
Coast
Visit PCSC
Inefficiency
Min. of Lands
Within
New
Peter Karingu
12
05-Mar-09
Grace Wanjiku Ngure

Jummanne Shidavi
Meliki
Kenneth Malonza
Ndambuki
Coast
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
13
03-Mar-09
Faustino Mugo Njeru
Nairobi
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
14
27-Feb-09
Nairobi
Visit PCSC
Inefficiency
Min. of Lands
Within
New
Peter Karingu
15
25-Feb-09
Muriithi Mugo
Bernard Sungurah
M'thirua
Eastern
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
16
24-Feb-09
Morombi Buki
Rift Valley
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
17
20-Feb-09
Kituru Murumasai
Central
Visit PCSC
Unethical conduct
Min. of Lands
Within
New
Peter Karingu
73
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
Simboi
PROVINCE
SEX
MODE OF
CONTACT
18
16-Feb-09
David M Munyua
Eastern
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
19
05-Feb-09
Masenka Ole Kamaro
Rift Valley
Visit PCSC
Misuse of office
Min. of Lands
Within
New
Peter Karingu
20
04-Feb-09
Rift Valley
Visit PCSC
Corruption
Min. of Lands
Within
New
Peter Karingu
21
04-Feb-09
Koikai Ole Kamoiro

Bernard Nguni
Gathendu
Central
Visit PCSC
Inefficiency
Min. of Lands
Within
Ongoing
Peter Karingu
22
02-Jan-09
Jane Njeri Waikenya
Rift Valley
Post
Misuse of office
Min. of Lands
Within
New
Peter Karingu
23
08-Jan-09
Nancy Njoki Mburu
Central
Referral
Misuse of office
Min. of Lands
Within
New
Peter Karingu
MINISTRY OF STATE FOR DEFENCE

1
24-Mar-09
23-Mar-09
Zacchaeus Njilithia
Mukiira
William Kipkore
Chelimo
Rift Valley
23-Mar-09
Joseph Kipkoech Ayabei
Rift Valley
20-Mar-09
Nyanza
17-Mar-09
10-Mar-09
Betreace Kerubo
Theophilus Kakuko
Poisho
Gilbert Getembea
Mariga
06-Mar-09
Eastern
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
Visit PCSC
Corruption
Min. of Defence
Within
New
Amb. Simani
Rift Valley
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
Nairobi
Visit PCSC
Discourtesy
Min. of Defence
Within
New
Amb. Simani
Ngolua Mwaine
Eastern
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
02-Mar-09
Douglas Maina Mwangi
Nairobi
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
24-Feb-09
Samwel Ogega Mumbe
Nyanza
Post
Injustice
Min. of Defence
Within
New
Amb. Simani
10
10-Feb-09
John Kiilu Mukuvi
Eastern
Visit PCSC
Delay
Min. of Defence
Within
New
Amb. Simani
11
04-Feb-09
John Kipsiele Mutai
Rift Valley
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
12
29-Jan-09
Nicholas Imana Ekwam
Rift Valley
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
74
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
13
22-Jan-09
James Mureithi Munene
Central
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
14
22-Jan-09
Joseph Mureithi Muhoro
Central
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
15
22-Jan-09
Central
Visit PCSC
Injustice
Min. of Defence
Within
New
Amb. Simani
16
15-Jan-09
Central
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
17
15-Jan-09
Central
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
18
15-Jan-09
Josphat Kabiru Wanderi

Ambrose Muhyi
Ngurungu
Peter Mwangi
Christopher
George Godfrey
Mureithi
Central
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
19
15-Jan-09
Charles Maina
Central
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
20
14-Jan-09
Wahome Michael Maina
Central
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
21
12-Jan-09
Boniface Oginga Oderi
Nairobi
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
22
15-Jan-09
Geoffrey Mugo Kiragu
Central
Visit PCSC
Injustice
Min. of Defence
Within
Ongoing
Amb. Simani
Within
New
Peter Karingu
Within
Closed
Peter Karingu
Within
New
Peter Karingu
Within
Ongoing
Peter Karingu
Within
Ongoing
Peter Karingu
Within
Ongoing
Peter Karingu
MINISTRY OF LOCAL GOVERNMENT

1
25-Mar-09
Adams Richard Mwangi
Central
Visit PCSC
04-Feb-09
Central
Visit PCSC
10-Mar-09
Daniel Maina Kabangi

Owala Champigny
Makonyango
Nyanza
Post
Misuse of office
12-Feb-09
Lucy Nyambura Muiru
Rift Valley
Post
Incompetence
04-Feb-09
Eastern
Visit PCSC
Delay
14-Jan-09
Abdirahim Mohamed
Frankilin Mutwiri
Murugu
Eastern
Visit PCSC
Misuse of office
75
Misuse of office
Min. of Local
Govt.
Min. of Local
Govt.
Min. of Local
Govt
Min. of Local
Govt
Min. of Local
Govt
Min. of Local
Govt
MANDATE
COMMITTEE
MEMBER IN
CHARGE
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
Ongoing
Peter Karingu
Within
New
Peter Karingu
Within
Ongoing
Peter Karingu
Within
Resolved
Within
Ongoing
Peter Karingu
Kenneth
Mwige
Within
New
Peter Karingu
Within
New
Peter Karingu
NO
DATE
NAME
PROVINCE
SEX
02-Jan-09
Joseph Ngugi Kiguru
Central
Visit PCSC
Misuse of office
19-Mar-09
Nelson Ikatwa Sawe
Rift Valley
Visit PCSC
Delay
17-Mar-09
Nzili King'ola
Nairobi
Visit PCSC
Delay
10
25-Feb-09
Nairobi
Visit PCSC
Delay
11
24-Feb-09
Kagwi Gaicuru
Eastleigh Social
Amenities
Referral
Misuse of office
12
23-Jan-09
Nairobi
Visit PCSC
Delay
13
22-Jan-09
John Gitau Maina

City Council of Nairobi
Retirees
Visit PCSC
Delay
14
22-Jan-09
Western
Visit PCSC
Delay
15
14-Jan-09
Moses Logongo Adagala

Samuel Gatuha on
Behalf 403
Nairobi
Visit PCSC
Injustice
16
11-Mar-09
Lawrence O Madialo
Nairobi
Visit PCSC
Unethical conduct
17
30-Jan-09
Wario Katelo Lawrence

STATE LAW OFFICE
Eastern
Visit PCSC
Corruption
PUBLIC
INSTITUTION
Min. of Local
Govt
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Nairobi City
Council
Municipal
Council of
Mombasa
Marsabit
County Council
23-Mar-09
Enock J Wasidia
Western
Visit PCSC
Delay
Public Trustee
Within
New
Peter Karingu
04-Feb-09
James Kahi Bulimo
Western
Visit PCSC
Delay
Public Trustee
Within
Ongoing
Peter Karingu
Nairobi
M
Nairobi
76
COMPLAINTS
CATEGORY
CASE
STATUS
MODE OF
CONTACT
PUBLIC
INSTITUTION
MANDATE
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
PROVINCE
SEX
29-Jan-09
David Hudson Njuguna
Nairobi
Visit PCSC
Delay
Public Trustee
Within
Advised
Peter Karingu
14-Jan-09
Shelef Ndar Ang'iya
Nyanza
Visit PCSC
Delay
Public Trustee
Within
Ongoing
Peter Karingu
03-Mar-09
Gabriel Ongeso Mayeye
Western
Visit PCSC
Incompetence
Within
New
Grace Madoka
23-Mar-09
Eastern
Visit PCSC
Delay
Within
New
Grace Madoka
18-Feb-09
Sammy Kingo'o Mutiso

Matanya Farmers Co.
Ltd
Misuse of office
Within
Ongoing
Peter Karingu
12-Jan-09
Within
Ongoing
Grace Madoka
Outside
Advised
Peter Karingu
10
Office of the AG
Attorney
General Office
Attorney
General Office
Attorney
General
Attorney
General
Attorney
General
Outside
Closed
Peter Karingu
Within
New
Nafisa Abass
Within
Ongoing
Peter Karingu
Within
New
Peter Karingu
Rift Valley
COMPLAINTS
CATEGORY
CASE
STATUS
MODE OF
CONTACT
Nairobi
02-Jan-09
Apollo Mboya
Nahashon Nyamao
Miyienda
Visit PCSC
Referral
from PM
Nyanza
Visit PCSC
Delay
02-Jan-09
Stephen Ndungu Kamau
Central
Post
Injustice
Injustice
MINISTRY OF FINANCE
Nyanza
Visit PCSC
Inattention
24-Mar-09
Moudling Mackenzie
Mogere
George Ngaruiya
Kariuki
Retirement
Benefit
Authority
Retirement
Benefit
Authority
Retirement
Benefit
Authority
Central
Visit PCSC
Inefficiency
Min. of Finance
Within
New
Nafisa Abass
24-Mar-09
Esther Jepchirchir
Rift Valley
Post
Delay
Min. of Finance
Within
New
Nafisa Abass
09-Mar-09
Pascal Opudo & Others
Nairobi
Visit PCSC
Inattention
15-Jan-09
Catherine Kali
Nairobi
Visit PCSC
Delay
15-Jan-09
4
5
77
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
NO
DATE
NAME
Chepkiyeng
PROVINCE
SEX
MODE OF
CONTACT
10-Mar-09
Gituro Kahugi
Nairobi
Referral
Delay
Min. of Finance
Within
Ongoing
Peter Karingu
23-Jan-09
Rift Valley
Post
Delay
Min. of Finance
Within
Ongoing
Peter Karingu
20-Jan-09
Patrick Kimani
Chrispinus Ngayo
Musundi
Nairobi
Referral
Injustice
Within
New
Nafisa Abass
20-Mar-09
Phoebe Wangui Gakui
Nairobi
Visit PCSC
Breach of integrity
Min. of Finance
Capital Market
Authority
Within
New
Nafisa Abass
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
New
Peter Karingu
PENSIONS DEPARTMENT
1
13-Mar-09
Linet O Mwanza &

Others
Western
Visit PCSC
Delay
09-Mar-09
Alice Njeri
Rift Valley
Visit PCSC
Delay
27-Feb-09
Central
Visit PCSC
Delay
27-Feb-09
David Maringa Tuigo

Teresia Wairimu
Maringa
Central
Visit PCSC
Delay
28-Jan-09
Damian Masila Mwengi
Eastern
Visit PCSC
Delay
22-Jan-09
Ernest Barasa Opakas
Western
Post
Delay
20-Jan-09
James Maina Kiiru
Central
Post
Delay
07-Jan-09
Samuel Muriuki Kirera
Eastern
Post
Delay
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
Pensions
Department
MINISTRY OF AGRICULTURE
1
26-Mar-09
Francis Oteno Alala
Nyanza
Visit PCSC
78
Injustice
Min. of
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
11-Mar-09
Abel Momanyi Ngoge
Rift Valley
Visit PCSC
Misuse of office
24-Feb-09
Julius Getembe Okari
Nyanza
Visit PCSC
Injustice
19-Feb-09
Tito Adoli Lugongo
Western
Visit PCSC
Ineptitude
16-Feb-09
Paul Hoseah Kizulu
Eastern
Visit PCSC
Delay
11-Mar-09
Nairobi
Visit PCSC
Misuse of office
19-Jan-09
Beatrice W Wanjohi
Musawa Zacchaeus
Mumali
Western
Post
Injustice
PUBLIC
INSTITUTION
Agriculture
Min. of
Agriculture
Min. of
Agriculture
Min. of
Agriculture
Min. of
Agriculture
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
New
Peter Karingu
Within
Closed
Grace Madoka
Within
New
Nafisa Abass
Within
New
Peter Karingu
ASK Nairobi
Nzoia Sugar
Company
Within
New
Peter Karingu
Within
New
Nafisa Abass
KENYA REVENUE AUTHORITY

1
30-Mar-09
09-Mar-09
09-Mar-09
Nicholas A Ngwaye
Lawrence Ongori
Nyachoti
Nyanza
Post
Incompetence
KRA
Within
New
Nafisa Abass
Nyanza
Visit PCSC
Delay
KRA
Within
New
Nafisa Abass
Nyanza
Visit PCSC
Incompetence
KRA
Within
New
Nafisa Abass
11-Feb-09
Philip Omolo Akongo

Monica Anyango
Ajuang
Nyanza
Visit PCSC
Incompetence
KRA
Within
New
Nafisa Abass
10-Feb-09
Patrick A J Mbogo
Coast
Visit PCSC
Injustice
KRA
Within
New
Nafisa Abass
26-Jan-09
Nairobi
Post
Misuse of office
KRA
Within
New
Grace Madoka
02-Jan-09
G Mwangengi G
Jackie Muca Bwire
Nareeba
Visit PCSC
Delay
KRA
Within
Ongoing
Nafisa Abass
Within
Ongoing
Nafisa Abass
Coast
MINISTRY OF MEDICAL SERVICES

1
22-Jan-09
Francis Netia Osundwa
Western
Visit PCSC
79
Injustice
NHIF
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
24-Feb-09
David K Korir
Rift Valley
E-mail
Unethical conduct
17-Feb-09
Coast
Visit PCSC
Injustice
06-Feb-09
Yussuf Bubu Maro

Wellington Senerwa
Kalo
Coast
Visit PCSC
Breach of integrity
07-Jan-09
Joseph Korir Langat
Rift Valley
Post
Delay
02-Mar-09
Alice Njoki Waigi
Nairobi
Visit PCSC
Inefficiency
PUBLIC
INSTITUTION
Min. of Medical
Services
Min. of Medical
Services
Min. of Medical
Services
Min. of Medical
Services
Kenya Medical
Training
College
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
Ongoing
Grace Madoka
Within
New
Nafisa Abass
Within
Ongoing
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
Ongoing
Nafisa Abass
Within
Ongoing
Nafisa Abass
Within
New
Nafisa Abass
Closed
Nafisa Abass
MINISTRY OF EDUCATION
1
17-Mar-09
John Kipkoskei Korir
Rift Valley
Post
Injustice
04-Mar-09
Ambrose Mutisya Mutui
Eastern
Post
Injustice
26-Feb-09
Charity W Ndegwa
Nairobi
Visit PCSC
Misuse of office
02-Feb-09
Simon Kimolo Kilonzi
Eastern
Visit PCSC
Misuse of office
19-Jan-09
Central
Visit PCSC
Injustice
15-Jan-09
Nancy M Mwongera
Hassan Kipkemboi
Ngeny
Rift Valley
Visit PCSC
Misuse of office
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
Min. of
Education
MINISTRY OF COOPERATIVE DEVELOPMENT & MARKETING

1
23-Jan-09
Kyengo M Joseph
Eastern
Post
Delay
80
Min. of
Outside
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
02-Jan-09
Jackson Kamau Kogi
Eastern
Post
Unethical conduct
04-Mar-09
Nairobi
Visit PCSC
Delay
19-Feb-09
Patrick Wanjala Inganga

David Gatundu
Gathaiya
Central
Visit PCSC
Inattention
21-Jan-09
Central
Visit PCSC
Delay
09-Jan-09
Visit PCSC
Incompetence
John Ndegwa Gikonyo

Deci & Global
Complaints
Western
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
Cooperative
Min. of
Cooperative
Min. of
Cooperative
Min. of
Cooperative
Min. of
Cooperative
Min. of
Cooperative
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Outside
Closed
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Peter Karingu
Within
Ongoing
Peter Karingu
Within
Ongoing
Nafisa Abass
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
Ongoing
Grace Madoka
ADVOCATES COMPLAINTS COMMISSION
17-Feb-09
Peter Mwanthi Singi
Eastern
Visit PCSC
Inefficiency
12-Feb-09
Josephine Wanjiru Mugo
Central
Visit PCSC
Delay
12-Feb-09
Jenifer Wagithi Kibera
Nairobi
Visit PCSC
Unethical conduct
09-Feb-09
John Kimathi Marangu
Central
Visit PCSC
Delay
Advocates
Complaints
Commission
Advocates
Complaints
Commission
Advocates
Complaints
Commission
Advocates
Complaints
Commission
10-Mar-09
D O Rabala
Nairobi
Referral
Unethical conduct
Advocate
Within
New
Grace Madoka
09-Feb-09
Joseph Kaleli
Eastern
Visit PCSC
Unethical conduct
Kenzi & Kenzi
Within
Refered to
Peter Karingu
81
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
Advocate
MANDATE
CASE
STATUS
ACC
COMMITTEE
MEMBER IN
CHARGE
TEACHERS SERVICE COMMISSION

1
24-Mar-09
Daniel Muriithi Mwai
Central
Visit PCSC
Discourtesy
TSC
Within
New
Nafisa Abass
04-Mar-09
Marion Caroline Kanuri
Central
Visit PCSC
Unethical conduct
TSC
Within
New
Nafisa Abass
27-Feb-09
John Otieno Obiero
Nyanza
Post
Unethical conduct
TSC
Within
New
Nafisa Abass
18-Feb-09
Mary Njoki Richard
Eastern
Visit PCSC
Inefficiency
TSC
Within
Ongoing
Nafisa Abass
06-Feb-09
Olayo Odunga
Eastern
Post
Incompetence
TSC
Within
New
Nafisa Abass
Within
New
Grace Madoka
Within
New
Grace Madoka
Within
Ongoing
Peter Karingu
Within
New
Grace Madoka
Within
Advised
Nafisa Abass
MINISTRY OF TRANSPORT
1
27-Mar-09
03-Feb-09
Koinange Thuku
Mukundi
Nairobi
Visit PCSC
Misuse of office
Nairobi
Visit PCSC
Incompetence
02-Jan-09
James Odinga Auma

Jackie Muca Bwire
Nareeba
Coast
Visit PCSC
Delay
20-Jan-09
Robert Mahera Obara
Nairobi
Visit PCSC
Delay
06-Jan-09
Julius Mutisya Soo
Eastern
Post
Delay
Min. of
Transport
Min. of
Transport
Min. of
Transport
Kenya Railways
Corporation
Kenya Railways
Corporation
PUBLIC SERVICE COMMISSION OF KENYA

1
05-Jan-09
James Igati Mugera
Nairobi
Visit PCSC
Injustice
25-Mar-09
Joseph Kabuthi Kamau
Rift Valley
Visit PCSC
Delay
Public Service
Commission
Public Service
Commission
13-Mar-09
Ignatius Bosire Ontita
Nyanza
Visit PCSC
Injustice
Public Service
82
Within
Ongoing
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
09-Feb-09
James Ndungu Gitonga
Central
Visit PCSC
COMPLAINTS
CATEGORY
Injustice
PUBLIC
INSTITUTION
Commission
Public Service
Commission
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
New
Nafisa Abass
MINISTRY OF YOUTH AFFAIRS & SPORTS

1
20-Mar-09
09-Feb-09
07-Jan-09
31-Mar-09
Johnstone Mwangi
Gatembe
Richard Charles Maina
Wachira
Mwereria Ezekiel Kobia
Philip M Mambo
Ontomwa
Central
Visit PCSC
Injustice
Min. of Youth
Within
New
Nafisa Abass
Central
Visit PCSC
Injustice
Min. of Youth
Within
Ongoing
Nafisa Abass
Central
Visit PCSC
Delay
Within
Ongoing
Nafisa Abass
Nyanza
Post
Injustice
Min. of Youth
Min. of Youth
Affairs
Within
Ongoing
Nafisa Abass
MINISTRY OF ROADS
1
30-Mar-09
Nairobi
Post
Delay
Min. of Roads
Within
New
Peter Karingu
18-Mar-09
Eng. C E Ambasi
Wycliffe Wekesa
Makhanu
Western
Visit PCSC
Delay
Min. of Roads
Within
New
Peter Karingu
11-Feb-09
Richard Henya Njagu
Central
Visit PCSC
Maladministration
Min. of Roads
Within
New
Peter Karingu
New
Grace Madoka
MINISTRY OF PLANNING, NATIONAL DEVELOPMENT & VISION 2030

Min. of
Planning
18-Mar-09
Douglas Osoro Mecha
Nyanza
Visit PCSC
Delay
Within
15-Jan-09
Vivian Jepkoech Chebet
Rift Valley
Visit PCSC
Injustice
CDF
Within
Ongoing
Peter Karingu
05-Jan-09
Henry Mochama
Nyanza
Post
Misuse of office
CDF
Within
Channeled
Peter Karingu
MINISTRY OF LIVESTOCK DEVELOPMENT

1
03-Mar-09
Hannington Musembi
Munyao
09-Jan-09
Richard N Muia
Eastern
Visit PCSC
Nairobi
Visit PCSC
83
Injustice
Min. of
Livestock
Within
New
Nafisa Abass
Breach of integrity
Min. of
Within
Ongoing
Grace Madoka
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
06-Jan-09
Abraham Ndirangu
Kiminda
Central
Visit PCSC
COMPLAINTS
CATEGORY
Misuse of office
PUBLIC
INSTITUTION
Livestock
Min. of
Livestock
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
Advised
Nafisa Abass
Within
Ongoing
Grace Madoka
Within
New
Grace Madoka
Within
New
Grace Madoka
OFFICE OF THE VP & MINISTRY OF HOME AFFAIRS

1
21-Jan-09
Johnstone Keverenge
Imbukule
Nairobi
Visit PCSC
Inefficiency
10-Feb-09
Okeyo George
Odhiambo
Nyanza
Visit PCSC
Misuse of office
10-Feb-09
Hillary Odhiambo
Otieno
Nyanza
Visit PCSC
Misuse of office
Min. of Home
Affairs
Min. of Home
Affairis- Prisons
Dept
Min. of Home
Affairis- Prisons
Dept
MINISTRY OF GENDER, CHILDREN & SOCIAL DEVELOPMENT

1
09-Mar-09
Ephrahim Ndiritu
Central
Visit PCSC
Misuse of office
Min. of Gender
Within
New
Grace Madoka
03-Feb-09
Monica Nyagacha
Central
Post
Incompetence
Min. of Gender
Within
New
Grace Madoka
Within
New
Nafisa Abass
Within
New
Nafisa Abass
MINISTRY OF STATE FOR IMMIGRATION & REGISTRATION OF PERSONS

1
22-Jan-09
Peter Njau Ndungu
Central
Visit PCSC
Delay
23-Mar-09
Nabintu Buhendwa
Nairobi
Visit PCSC
Misuse of office
Min. of
Immigration
Min. of
Immigration
MINISTRY OF HOUSING
1
23-Feb-09
Teresa Njoki Maina
Nairobi
Visit PCSC
Inefficiency
Min. of Housing
Within
Ongoing
Peter Karingu
05-Feb-09
Raphael Obiero Okoth
Western
Visit PCSC
Breach of integrity
Min. of Housing
Within
New
Peter Karingu
Within
New
Nafisa Abass
MINISTRY OF INDUSTRIALIZATION
1
31-Mar-09
James Kabera Muiga
Eastern
Visit PCSC
84
Delay
Min. of
NO
DATE
NAME
PROVINCE
Eastern
SEX
MODE OF
CONTACT
Visit PCSC
COMPLAINTS
CATEGORY
Misuse of office
PUBLIC
INSTITUTION
Industrialization
Kenya
Industrial
Estates
29-Jan-09
Jackson Kamau Kogi
07-Jan-09
Edward Muriuki
Wanduruku
Rift Valley
Visit PCSC
Inattention
Ministry of
Forestry
26-Mar-09
Gabriel W Thayu
Coast
Visit PCSC
Delay
Min. of Wildlife
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Within
New
Nafisa Abass
Within
Ongoing
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
MINISTRY OF FORESTRY & WILDLIFE
PUBLIC UNIVERSITIES
1
30-Mar-09
George Mabele Sifuna
Rift Valley
Visit PCSC
Injustice
02-Feb-09
Peter Agaki Ayugi
Nairobi
Visit PCSC
Delay
University of
Nairobi
Jomo Kenyatta
University of
Agri. &
Technology
TELKOM KENYA
1
29-Jan-09
Linda Watiri Muriuki
Nairobi
Post
Delay
Telkom(k)
Within
Ongoing
Kenneth
Mwige
22-Jan-09
Idris Ali
Nyanza
Visit PCSC
Delay
Telkom(K)
Within
Ongoing
Nafisa Abass
Within
New
Nafisa Abass
Within
New
Nafisa Abass
KENYA NATIONAL ASSURANCE CO. LTD
16-Mar-09
B K Mathenge- Uchumi
Insurance
23-Mar-09
Kenya Diary Board
Nairobi
Post
Delay
Nairobi
Referral
Delay
85
Kenya National
Assurance Co.
Ltd
Kenya National
Assurance Co.
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
BANKING SECTOR
1
23-Mar-09
Agnes Lily Ogolla
Nairobi
Visit PCSC
Injustice
19-Feb-09
Francis Kanyi Karonji
Nairobi
Visit PCSC
Misuse of office
Post Bank
Kenya
Commercial
Bank
Within
New
Nafisa Abass
Within
New
Nafisa Abass
Kenya
Meterological
Dept
Within
New
Peter Karingu
Min. of Water
Within
Advised
Nafisa Abass
Min. of Tourism
Within
Closed
Grace Madoka
Within
New
Nafisa Abass
Within
New
Peter Karingu
Within
New
Peter Karingu
Within
New
Grace Madoka
MINISTRY OF ENVIRONMENT
11-Feb-09
Jackson Nzomu
Wambua
Eastern
Visit PCSC
Injustice
MINISTRY OF WATER & IRRIGATION

1
13-Jan-09
King'oo Munywoki
Eastern
Visit PCSC
Delay
MINISTRY OF TOURISM
1
02-Jan-09
Joseph K Githiari
Central
Post
Injustice
MINISTRY OF REGIONAL DEVELOPMENT AUTHORITIES

1
17-Feb-09
Edward Peter Ngige
Central
Visit PCSC
Injustice
Min. of Regional
Devt
MINISTRY OF STATE FOR DEVT OF NORTHERN KENYA & OTHER ARID LANDS
1
24-Mar-09
Ukur Yatani Kanacho
Nairobi
Post
Maladministration
Min. of
Northern Kenya
PARLIAMENTARY SERVICE COMMISSION
23-Feb-09
Simon Gitui Hillary

Gatuna
Nairobi
Visit PCSC
Injustice
Parliamentary
Service
Commision
KENYA ANTI-CORRUPTION COMMISSION

1
03-Feb-09
Jacob M Murungi
Nairobi
Visit PCSC
86
Injustice
KACC
NO
DATE
NAME
PROVINCE
SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION
Diamond
Systems Ltd
MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
Outside
Closed
Nafisa Abass
PRIVATE INSTITUTION
1
24-Mar-09
Isaac Kimwama Omahe
Nairobi
Visit PCSC
87
Injustice

Quarterly Q3 Report 2008-2009

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Quarterly Q3 Report 2008-2009

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THE THIRD QUARTERLY REPORT FOR

THE YEAR 2008/2009 COVERING THE

THE PUBLIC COMPLAINTS STANDING

Mandate of the PCSC....................................................................................... 12

Jurisdiction of the PCSC ................................................................................. 13

COMPLAINTS AND INQUIRIES ...................................................................... 15

Lodging a Complaint ....................................................................................... 15

Intake of Complaints ....................................................................................... 15

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

Complaint Reviews .......................................................................................... 17

Complaints Where Advise was Given ......................................................... 17

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

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

Complaints that Revealed no Wrongdoing ................................................. 19

Complaints where PCSC Initiated Further Inquiries ............................... 20

Complaint where PCSC Promoted Mediation............................................ 21

Impact of PCSCs Inquiries ............................................................................ 22

Letters of Appreciation from Complainants ............................................... 26

List of Non-Responsive Government Institutions ... Error! Bookmark not

STATISTICAL ANALYSIS ................................................................................... 36

Complaints Received ....................................................................................... 36

Classification of Complaints Received by PCSC Mandate ...................... 37

Analysis According to Action Taken by PCSC .......................................... 38

Analysis Based on Categories of Complaints ............................................. 40

Analysis Based on Ministries and Public Sector Institutions ................. 43

Analysis of Complaints Based on Provinces. .............................................. 46

Analysis by Mode of Lodging Complaint .................................................. 49

Monthly Analysis of Complaints in the Quarter ...................................... 52

Comparative Analysis by Quarters ............................................................... 54

CHAPTER FOUR ................................................................................................................ 56

COMMUNICATION ACTIVITIES .................................................................... 56

PCSC Quarterly Report ................................................................................... 56

Engagement with Government Agencies .................................................... 57

Media interviews .............................................................................................. 57

CHAPTER FIVE .................................................................................................................. 58

RECOMMENDATIONS MADE IN QUARTERLY REPORTS .................... 58

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 PCSC

Complaints that revealed no instance of wrongdoing after PCSCs inquiries;

Complaints in which PCSC has initiated further inquiries.

FOREWORD FROM THE CHAIRMAN

Amb. James Simani

MESSAGE FROM THE EXECUTIVE DIRECTOR

Administratively, the PCSC embarked on some key activities; development of a 5

If the analogy of a three-legged stool is adopted, the Judiciary, as presently funded,

It is often forgotten, in registering and making complaints about the Kenya

Mandate of the PCSC

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

Jurisdiction of the PCSC

The PCSC has jurisdiction over public officers in Ministries, Parastatals/State

The Complainant and the public institution complained against must be

Appropriate administrative intervention channels (where they exist) have

The Complaint must not be under adjudication by a court of law or question

The Complainant should identify himself. However, if the nature of the

COMPLAINTS AND INQUIRIES

As an institution of record, Complainants must submit their Complaints to the

Complainants contact information

The focus of PCSCs inquiries is to determine whether the public institution

Analysis of Complaints in the Quarter

Complaints Where Advice was Given

If the Complaint is outside mandate or inadmissible, PCSC advises the Complainant

Complaints Determined to be Without Merit

During the Quarter, some Complaints assessed and determined to be technically