Download - Quarterly Q3 Report 2008-2009
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THE THIRD QUARTERLY REPORT FOR
THE YEAR 2008/2009 COVERING THE
PERIOD 1ST JANUARY 2009 TO
31ST MARCH 2009
THE PUBLIC COMPLAINTS STANDING
COMMITTEE
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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
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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
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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. Complaints in which PCSC has initiated further inquiries.
vi. 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.
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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.
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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
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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.
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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
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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
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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
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instead of reflexively assuming the worst in all its interactions with third
parties.
Kenneth Mwige
Executive Director
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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;
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10. To prepare advisory opinions or proposals on appropriate remedial action to be taken
by the permanent secretaries or chief executives of affected ministries or public
bodies;
11. To recommend appropriate legislative reforms; and
12. To publish quarterly reports for public information on the number and nature of
Complaints received and the action taken by the committee.
1.2 Jurisdiction of the PCSC
The PCSC has jurisdiction over public officers 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.
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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.
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CHAPTER TWO
2.0 COMPLAINTS AND INQUIRIES
The core task of the Public Complaints Standing Committee {PCSC} is to receive,
process, resolve and prevent future occurrence of Complaints brought against
public officers and public institutions - Ministries, Parastatals/State Corporations,
Statutory Bodies or any other public institution. 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
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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2.7 Letters of Appreciation from Complainants
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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
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?
PUBLIC INSTITUTION NO. OF PCSC INQUIRIES
NOT- RESPONDED-TO
PERCENTAGE
%
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Kenya Police 91 23
Ministry of Local Government 69 18
Provincial Administration 43 11
Ministry of Lands 25 6
Ministry of Labour 22 6
State Law Office 15 4
Ministry of State for Defence 14 4
Pensions Department 11 2.8
Teachers Service Commission 11 2.8
Judiciary 10 2
Ministry of Medical Services 9 2
Advocates Complaints
Commission
9 2
Ministry of Education 8 2
Ministry of Finance 8 2
Ministry of Transport 8 2
Ministry of Gender, Children
and Social Affairs
4 1
Office of the Vice-President and
Ministry of Home Affairs
3
1
Ministry of Roads 3 1
Ministry of Public Works 3 1
Ministry of State for
Immigration and Registration of
Persons
3 1
Ministry of Information and
Communications
3 1
Ministry of Environment and
Natural Resources
3 1
Ministry of Industrialization 2 1
Public Service Commission 2 1
Ministry of Higher Education 2 1
Ministry of Foreign Affairs 1 0
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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 73 22
Ministry of Local Government 64 19
Provincial Administration 35 11
Ministry of Labour 20 6
Ministry of Lands 18 5
Ministry of State for Defence 14 4
State Law Office 13 4
Teachers Service Commission 9 3
Advocates Complaints Commission 9 3
Pensions Department 9 3
The Judiciary 9 3
Ministry of Transport 8 2
Ministry of Education 8 2
Ministry of Medical Services 7 2
Ministry of Finance 6 1.8
Ministry of State for Immigration and
Registration of Persons
3 1
Ministry of Information and Communication 3 1
Office of the Vice- President and Ministry of
Home Affairs
2 1
Ministry of Roads 2 1
Ministry of Cooperative
Development and Marketing
1 0
Ministry of Housing 1 0
Ministry of Wildlife and
Forestry
1 0
Ministry of National Heritage
and Culture
1 0
Ministry of Energy 1 0
TOTAL 387 100
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Ministry of Gender, Children and Social
Affairs
2 1
Ministry of Environment and Natural
Resources
2 1
Ministry of Public Works 2 1
Ministry of Industrialization 2 1
Ministry of Agriculture 2 1
Ministry of Foreign Affairs 1 0
Ministry of Higher Education 1 0
Ministry of Housing 1 0
Ministry of National Heritage and Culture 1 0
Ministry of Cooperative Development and
Marketing
1 0
Ministry of Energy 1 0
TOTAL 330 100
PCSC INQUIRIES NOT RESPONDED TO FOR 7-9 MONTHS
The following provides a listing of public institutions which have NOT responded
to PCSCs inquiries for duration of 7-9 months.
Public Institution Number Percentage
Kenya Police 12 33.3
Provincial Administration 5 14
Ministry of Local Government 5 14
Ministry of Lands 2 5.5
Ministry of Labour 2 5.5
State Law Office 2 5.5
Pensions Department 1 2.7
Kenya Commercial Bank 1 2.7
Ministry of Higher Education 1 2.7
Ministry of Forestry & Wildlife 1 2.7
Teachers Service Commission 1 2.7
The Judiciary 1 2.7
Ministry Of Gender, Children & Social Affairs 1 2.7
Ministry of Agriculture 1 2.7
TOTAL 36 100
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PCSC INQUIRIES NOT RESPONDED TO FOR 10-12 MONTHS
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
Provincial Administration 3 20
Kenya Police 2 13.3
Min. of Lands 2 13.3
Teachers Service Commission 1 6.6
Kenyatta National Hospital 1 6.6
Pensions 1 6.6
Finance 1 6.6
Ministry of Gender, Children and
Social Affairs
1 6.6
Ministry of Roads 1 6.6
Ministry of Public Works 1 6.6
National Environmental
Management Authority
1 6.6
TOTAL 15 100
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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 4 66.7
Ministry of Lands 2 33.3
TOTAL 6 100
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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 NUMBER PERCENTAGE
January 108 32
February 105 32
March 121 36
TOTAL 334 100
TABLE 2: Statistical Summary
NO CATEGORY TOTAL %
1. Total number of complaints received by PCSC from
July 2007 to 31st March 2009
1,431 100%
2. Number of resolved matters from July 2007 to 31st
March 2009
322 22.5%
3. Number of ongoing inquiries from July 2007 to 31st
March 2009
1,109 77.5%
4. Number of ongoing matters carried forward from
previous Quarters up to 31st December 2009.
658 46%
5. Number of complaints from the previous Quarters
Carried Over to the next reporting period (Quarter)
67 5%
6. Number of complaints received in this Quarter 334 23.3%
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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%
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3.3 Analysis According to Action Taken by PCSC
TABLE 3: Analysis on Processing of Complaints Received
No. CATEGORY TOTAL %
1. Complaints where further inquiries initiated. 48 14.4
2.
Complaints channeled to responsible
department of government for action e.g.
The Police Complaints Department.
1 0.3
3. Complaints referred to other investigative
agencies e.g. KACC and KNHCR 1 0.3
4. Complaints resolved1 23 7
5. Complaints carried over to the next
reporting period 261 78
TOTAL 334 100%
1 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.
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FIGURE 2: Categorization of Complaints Processed by the PCSC
Channeled to other
Govt Dept., 0.30%
Resolved, 7%
Ongoing inquiries,
14.40%
Carried over to next
Quarter , 78%
Referred to Other
investigative
agencies, 0.30%
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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
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TABLE 4: Complaints Categories
CATEGORY NO. OF COMPLAINTS
%
Delay 85 25
Injustice 76 23
Misuse of Office 70 21
Inattention 21 6
Unethical conduct 19 6
Incompetence 17 5
Inefficiency 15 5
Others 31 9
TOTAL 334 100%
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FIGURE 3: Graphical Representation of Complaints Categories.
25%
23%
21%
6% 6%5% 5%
9%
Delay Injustice Misuse ofoffice
Inattention Unethicalconduct
IncompetenceInefficiency Others
Complaints categories
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3.5 Analysis Based on Ministries and Public Sector Institutions
TABLE 5: Ministries and Public Sector Institutions Complained Against.
PUBLIC INSTITUTION NO. OF COMPLAINTS %
Kenya Police 60 18
Provincial Administration 37 11
Ministry of Labour 28 8
Judiciary 24 7
Ministry of Lands 23 7
Ministry of state for Defence 22 6
Ministry of Local Government 17 5
State Law Office 10 3
Ministry of Finance 9 3
Pensions Department 8 2
Ministry of Agriculture 7 2
Kenya Revenue Authority 7 2
Ministry of Medical Services 6 2
Ministry of Education 6 2
Ministry of Cooperative
Development & Marketing
6
2
Advocates Complaints
Commission
6
2
Teachers Service Commission 5 1
Ministry of Transport 5 1
Public Service Commission of
Kenya
4 1
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Ministry of Youth Affairs &
Sports
4
1
Ministry of Roads 3 1
Ministry of Planning, National
Development & Vision 2030
3
1
Ministry of Livestock
Development
3
1
Office of the Vice President &
Ministry of Home Affairs
3
1
Telkom Kenya 2 1
Public Universities 2 1
Ministry of Forestry & Wildlife 2 1
Ministry of Industrialization 2 1
Ministry of state for Immigration
& Registration of persons
2
1
Ministry of Housing 2 1
Ministry of Gender, Children &
Social Development
2
1
Kenya National Assurance Co.
Ltd
2
1
Banks 2 1
Private institutions/Individual 2 1
Parliamentary Service
Commission
1
0
Government Printers 1 0
Ministry of Water & Irrigation 1 0
Ministry of Tourism 1 0
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Ministry of Regional
Development Authorities
1
0
Ministry of state for Development
of Northern Kenya & other Arid
lands
1
0
Ministry of Environment &
Natural resource
1
0
Kenya Anti-Corruption
Commission
1
0
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.
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46
FIGURE 4: Graphical Representation of Complaints Received by Ministries and
Public Sector Institutions.
18%
11%
8%
7%
7%
6%
5%
3%
3%
2%
30%
Kenya Police
Provincial Administration
Ministry of Labour
Judiciary
Ministry of Lands
Ministry of state for Defence
Ministry of Local Government
State Law Office
Ministry of Finance
Pensions Department
Others
Complaints by Ministries and Public Sector Institutions
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
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47
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 3
North Eastern
2 1
Others
1 0
TOTAL 334 100%
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FIGURE 5: Graphical Representation of Complaints received by Province
0%1%
3%
10%
12%13%
14%
23%
24%
0%
5%
10%
15%
20%
25%
%
Notindicated
N/Eastern Coast Nyanza Western R/valley Eastern Central Nairobi
Province
Geographic distribution of complaints received
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3.7 Analysis by Mode of Lodging Complaint
TABLE 7: Mode of Lodging Complaints
MODE OF REPORTING NO. RECEIVED %
Personal Visit 262 78
Postal mail 59 18
Referral from other institutions 10 3
E-mail 3 1
TOTAL 334 100%
FIGURE 6: Graphical Representation of Mode of Reporting Complaints.
78%
18%
3%1%
0%
10%
20%
30%
40%
50%
60%
70%
80%
%
Personal visit Post Referral E-mail
Mode of reporting complaints with the PCSC
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3.8 Analysis by Gender
TABLE 8: Complaints Distribution by Gender.
GENDER NUMBER %
Male 266 80
Female 51 15
Organizations/Groups 17 5
TOTAL 334 100%
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.
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FIGURE 7: Graphical Representation of Complaints received by Gender
Complainants distribution by gender
Female
15%
Organization/Group
5%
Male
80%
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3.9 Monthly Analysis of Complaints in the Quarter
TABLE 9: Current Status of the Quarter Complaints.
STATUS
TOTAL %
JANUARY FEBRUARY MARCH
Inquiries initiated
by the PCSC 37 9 2 48 14.4
Carried over to
the next reporting
period
53 90 118 261 78
Complaints
resolved 17 5 1 23 7
Channeled to
other government
institutions
1 0 0 1 0.3
Referred to other
investigative
agencies
0 1 0 1 0.3
TOTAL 108 105 121 334 100%
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FIGURE 8: Monthly comparative analysis of the Quarter Complaints
37
53
17
1 09
90
50 1 2
118
1 0 0
January February MarchMonth
Comparative analysis of complaints processed during the Quarter
Ongoing Carried Over Resolved Channeled Referred
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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
Carried Over to the next reporting
period 152 41 261 78
Complaints channeled to responsible
department of government for action
e.g. The Police Complaints Department.
22 6 1 0.3
Referred to other investigative agencies
e.g. KACC and KNHCR 4 1 1 0.3
Resolved by the PCSC 44 12 23 7
TOTAL 373 100% 334 100%
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FIGURE 9: Graphical Representation of Complaints processed in the 2nd & 3rd
Quarter s of 2008/09.
1% 0.30%
6% 0.30%
12% 7%
40% 14.40%
41% 78%
Referred
Channeled
Resolved
Ongoing
Carried Over
Complaints processed in the 2nd & 3rd Quarters of 2008/09
2nd Quarter 3rd Quarter
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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.
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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.
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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
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59
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.
MADE IN QUARTERS 3 & 4 OF FY 2007/08:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
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
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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.
MADE IN QUARTERS 1 & 2 OF FY 2008/09:
STATUS: NOT ACTIONED YET.
ADDRESSEE: HEAD OF THE PUBLIC SERVICE.
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;
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(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
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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
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Government of Saccos and deposit taking institutions to shield the public
from such losses.
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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 M Visit PCSC Delay Kenya Police Within New Grace Madoka
2 30-Mar-09 Wilfred Nkuri Nairobi M Referral Injustice Kenya Police Within New Grace Madoka
3 26-Mar-09
Tedhaus Mutuku
Ngenga Eastern M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka
4 26-Mar-09
Jeremiah M'Njogu
M'Torogoji Eastern M Visit PCSC Inattention Kenya Police Within New Grace Madoka
5 25-Mar-09
Peter Thuranira
Mwongera Nairobi M Visit PCSC Misbehavior Kenya Police Within New Grace Madoka
6 25-Mar-09 Mucina Ezekiel Gathekia Nairobi M Visit PCSC Inattention Kenya Police Within New Grace Madoka
7 24-Mar-09 John Kariuki Mwangi Central M Visit PCSC Inattention Kenya Police Within New Grace Madoka
8 23-Mar-09
Daniel Mbuku
Mukhwana Western M Visit PCSC Injustice Kenya Police Within New Grace Madoka
9 23-Mar-09 Margaret Mumbi Nairobi F Visit PCSC Inattention Kenya Police Within New Grace Madoka
10 23-Mar-09 Nelly Njambi Muriithi Central F 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 Sophia Wambui Muiruri Central F Visit PCSC Misuse of office kenya Police Within New Grace Madoka
13 17-Mar-09
Makhandia &
Makhandia advocates Nairobi Post Delay Kenya Police Within New Grace Madoka
14 16-Mar-09 Rufus Karani Stephen Nairobi M Visit PCSC Breach of integrity Kenya Police Within New Grace Madoka
15 16-Mar-09 James Mwongela Muteti Eastern M Visit PCSC Inattention Kenya Police Within New Grace Madoka
16 16-Mar-09 Mark Mwanzia Muasya Nairobi M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka
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65
NO DATE NAME PROVINCE SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
17 12-Mar-09 Lawrence Ngugi Kimata Rift Valley M Visit PCSC Inattention Kenya Police Within New Grace Madoka
18 12-Mar-09 Robert Mutiso Lelli Nairobi M Visit PCSC Incompetence Kenya Police Within New Grace Madoka
19 09-Mar-09 George Njoroge Chege Nairobi M Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka
20 06-Mar-09 Nelly Muiruri Nairobi F Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka
21 06-Mar-09 Muendo Muasya Eastern M Post Delay Kenya Police Within New Grace Madoka
22 03-Mar-09 David Mwita Marwa Nyanza M Visit PCSC Injustice Kenya Police Within New Grace Madoka
23 02-Mar-09
George Ndungu
Kamunge Rift Valley M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka
24 27-Feb-09 Francis Kanyi Nairobi M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka
25 26-Feb-09 Bonface Mbahya Ngoli Western M Post Misuse of office Kenya Police Within Ongoing Grace Madoka
26 26-Feb-09 Peter Njenga Ngome Rift Valley M Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka
27 25-Feb-09 Wilfred Olooko Muroka Western M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka
28 24-Feb-09 Tsuma Chaka Mrabu Coast M Visit PCSC Delay Kenya Police Within New Grace Madoka
29 23-Feb-09 Masila Musyoka Eastern M Visit PCSC Inattention Kenya Police Within Ongoing Grace Madoka
30 19-Feb-09 Joseph Mwaura Thianga Central M Visit PCSC Delay Kenya Police Within New Grace Madoka
31 17-Feb-09 Noor Baya Pwani Coast M E-mail Misuse of office Kenya Police Within New Grace Madoka
32 16-Feb-09 James Munene Kahariri Rift Valley M Visit PCSC Injustice Kenya Police Within New Grace Madoka
33 16-Feb-09
Maurice Onyango
Odede Nyanza F Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka
34 16-Feb-09 Abdulrahim Ali Bakathir Eastern M Visit PCSC Breach of integrity Kenya Police Within Ongoing Grace Madoka
35 12-Feb-09 Peter Nderitu Githinji Nairobi M Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka
36 09-Feb-09
Peter Jarega Ang'u
Majani Western M Visit PCSC Injustice Kenya Police Within Channeled Grace Madoka
37 05-Feb-09 Samuel Muigai Nairobi M Visit PCSC Inattention Kenya Police Within Ongoing Grace Madoka
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66
NO DATE NAME PROVINCE SEX
MODE OF
CONTACT
COMPLAINTS
CATEGORY
PUBLIC
INSTITUTION MANDATE
CASE
STATUS
COMMITTEE
MEMBER IN
CHARGE
38 04-Feb-09 Susan Njoki Mutahi Central F Visit PCSC Maladministration Kenya Police Within Ongoing Grace Madoka
39 04-Feb-09 George Waweru Kariuki Nairobi M Visit PCSC Inefficiency Kenya Police Within Channeled Grace Madoka
40 03-Feb-09 Fanuel Saly Wambulwa Rift Valley M Visit PCSC Inefficiency Kenya Police Within New Grace Madoka
41 02-Feb-09 Panuel Ireri Njoka Rift Valley M Visit PCSC Misuse of office Kenya Police Within Channeled Grace Madoka
42 28-Jan-09
Eunice Marwa
Nyamoraba Nyanza F Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka
43 27-Jan-09 Paul Lex Rutherford Central M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka
44 27-Jan-09
Pastor Daniel Wambua
Muindi Central M Visit PCSC Incompetence Kenya Police Within New Grace Madoka
45 27-Jan-09
Raphael Muendo
Kathukya 2 Central M Visit PCSC Misuse of office Kenya Police Within Advised Grace Madoka
4