Quarterly Q2 Report 2008-2009

1

EXECUTIVE SUMMARY ..................................................................................................... 3

FOREWORD FROM THE CHAIRMAN ............................................................................ 4

MESSAGE FROM THE EXECUTIVE DIRECTOR ............................................................ 6

CHAPTER ONE ..................................................................................................................... 8

1 INTRODUCTION ....................................................................................................... 8

1.1 Mandate of the PCSC .......................................................................................... 8

1.2 Admissibility of Complaints ............................................................................ 10

CHAPTER TWO .................................................................................................................. 11

2.0 COMPLAINTS AND INQUIRIES .......................................................................... 11

2.1 Complaints-Handling Procedures .................................................................. 11

2.1.1 Analysis of Complaints..................................................................................... 12

2.2 Decisions Following Review and Inquiries by PCSC .................................. 13

2.2.1 Complaints Where Advise was Given ........................................................... 13

2.2.2 Complaints determined to be Without Merit ................................................ 13

2.2.3 Complaints settled by the Public Institution ................................................. 14

2.2.4 Complaints that Revealed no Wrongdoing ................................................... 16

2.2.5 Complaints where PCSC Initiated Further Inquiries ................................... 17

2.3 Letters of Appreciation from Complainants ................................................. 18

2.4 List of Non-Performing Government Institutions ........................................ 22

CHAPTER THREE ............................................................................................................... 31

3.0 STATISTICAL ANALYSIS ...................................................................................... 31

3.1 Complaints Received ............................................................................................. 31

3.2 Classification of Complaints Received by PCSC Mandate .......................... 32

3.3 Analysis According to Action Taken by PCSC ............................................. 33

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3.4 Monthly Analysis of Complaints for the Year 2008 ..................................... 35

3.5 Analysis Based on Categories of Complaints ................................................ 36

3.6 Analysis Based on Ministries and Public Sector Institution ....................... 39

3.7 Analysis of Complaints Based on Provinces. ................................................ 43

3.8 Analysis by Mode of Lodging Complaint ..................................................... 45

3.9 Analysis by Gender ........................................................................................... 46

3.10 Monthly Analysis of Complaints in the Quarter ......................................... 48

3.11 Comparative Analysis by Quarters ................................................................ 50

CHAPTER FOUR ................................................................................................................. 52

4.0 COMMUNICATION ACTIVITIES ........................................................................ 52

4.1 Publications ........................................................................................................ 52

4.2 Civil society and grassroots partnerships ...................................................... 52

4.3 Provincial Visits ................................................................................................. 52

4.4 Consultative meetings with Government Agencies ..................................... 53

4.5 Media interviews ............................................................................................... 53

4.6 Website ................................................................................................................ 53

ANNEXTURES ..................................................................................................................... 55

3

EXECUTIVE SUMMARY

The Report consists of four Chapters and an Annexure.

Chapter One outlines the legal mandate of the PCSC, its functions and a brief on

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

Complainant;

iv. Complaints that revealed no instance of wrongdoing after PCSC inquiries;

v. Complaints in which PCSC has initiated further inquiries.

Chapter Two also contains a letters of appreciation from PCSC Complainants and a

list of non-performing Government institutions based on the duration taken to

obtain responses to PCSC inquiries.

Chapter Three provides a statistical analysis of Complaints and Inquiries within the

Quarter as well as comparative analysis with the previous Quarter. The analysis is

of Complaints received based on the following categories; typology of Complaint,

public institutions, gender, provincial distribution and mode of lodging Complaints.

Chapter Four gives an outline of advocacy, outreach and media activities within the

Quarter.

The Annexure catalogues the Complaints handled by PCSC and their status.

4

FOREWORD FROM THE CHAIRMAN

The present report is the Second Quarterly Report by the Committee for the

2008/2009 financial year for the period October to December 2008. The report is

submitted in accordance with paragraph 3 of Gazette Notice No.5826 dated 29th June

2007 which requires the Committee in the performance of its functions to prepare

Quarterly Reports for submission to His Excellency the President.

During this Quarter the Committee undertook outreach and advocacy activities at

the various provincial headquarters in a bid to register its visibility and have a

nation-wide reach.

PCSC held Provincial visits from November 11th December 9th 2008. The visits

were attended by PCSC Committee members, Provincial and District

Commissioners, Provincial Heads of Department, Religious leaders, Women

Groups, Youth Groups, Representatives of Community Based Organizations and

members of the public.

The principal objective of the provincial visits was to hold interactive sessions with

the Provincial Administration and other stakeholders. Through the meetings, the

PCSC managed to establish a working rapport with those involved.

The impact of the provincial activities is evidenced by a considerable overall rise in

the number of complaints the Committee received during the quarter from the

provinces. During the Quarter, the PCSC dealt with 793 complaints of which 373

were new.

A key partner in the work of the Committee is the media which had initially

portrayed the Committee negatively and had reservations on the capacity of the

Committee to execute its mandate effectively. Publicity activities have been

conducted and the Committee has engaged positively with the media in the

production of informative programmes on the functions of the Committee thus

improving the public image of the Committee.

5

The Committee has been proactive in forging strategic and collaborative

partnerships with public institutions on its role and place in the on-going public

sector reforms. These partnerships will go a long way not only in expediting the

resolution of complaints but also assisting the Committee carve its niche in

governance, particularly in addressing maladministration in public service.

It is envisaged that the Committee will build institutional capacity to ensure it plays

an effective oversight role nationally.

The Committee wishes to express its gratitude to the Ministry of State for Provincial

Administration and Internal Security for the tremendous logistical support the

Ministry extended to PCSC during the provincial visits. This cooperation has

resulted in a successful nation-wide visibility campaign for the Committees

mandate.

As the Committee endeavors to reach out to public institutions for support, it is

encouraging to receive prompt and useful responses whenever complaints are

forwarded to concerned Ministries. I wish to single out the Ministry of State for

Defence for being very supportive and prompt in responding to complaints referred

to the Ministry. This positive attitude is a key ingredient in forging effective

collaboration amongst institutions and should be emulated by all others.

I wish also to thank the Ministry of Justice, National Cohesion & Constitutional

Affairs for their continued support in facilitating all the programmes and plans of

the PCSC.

Last but not least, my appreciation goes to all the members of staff for their hard

work and dedication towards the production of this report.

AMB. JAMES SIMANI

CHAIRMAN

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MESSAGE FROM THE EXECUTIVE DIRECTOR

I am delighted to share with you our achievements for the last Quarter ending

December 31st 2008. This is our 2nd Quarterly Report for the 2008/09 Financial Year.

Performance at a Glance

The essential business of the PCSC is to handle Complaints and Inquiries from the

public about administrative action by Government and public sector institutions.

The objective is that administrative action by Government should be fair and

accountable. This objective is supported by two outputs; review of administrative

action in individual complaints and identification of systemic defects that lead to

high numbers of complaints leading to recommendations for administrative and

legislative reform.

In the Quarter, 373 individual complaints were received. In 59% of the complaints,

the PCSC identified individual remedies as well as systemic improvements to be

undertaken in Government. We also focused on the Advocacy and Outreach

programme which is aimed at raising awareness on the mandate and functions of

the PCSC. Greater detail is provided in the Report.

Responsiveness to Changing Demands

In response to the growing number of Complainants approaching the PCSC and the

complexity of the complaints, we have formed a Public Contact Team that is now

the first point of contact with the PCSC. This has led to increased efficiency and

Complainant satisfaction as Complainants get an initial assessment of and advice on

their complaints at the earliest possible opportunity.

We have also introduced a Complainant-feedback mechanism to assess the

Complainants view of PCSCs service delivery. Feedback will be continuously

monitored and necessary improvements made as may be appropriate.

Strengthening the PCSC

The PCSC is better suited to playing an oversight role than it has in the past. PCSCs

daily contact with the public on all aspects of Government draws attention to issues

that are of concern to the public. This extra oversight provides a good vantage point

from which to see both the problems that arise in service-delivery by Government

and the reforms that need to be put in place to ensure that the problems do not

recur. The PCSC is keen to share these insights with the Reforms and Service

Delivery sections of Government.

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To effectively carry out its mandate as a national oversight institution over the

entire public sector, the PCSC requires a firm Constitutional and Statutory

framework.

Challenges

The Quarter under review has not been without challenges. The increase in the

number of complaints has not directly resulted in an increase in PCSCs budgetary

allocation and staff capacity. This has created a particularly difficult situation,

between PCSCs budgetary allocation and the increasing likelihood of

compromising on service levels. The PCSCs staff complement is 24 including

management, operational and support staff. Projections for optimal staff for the

PCSC indicate more than twice this number is desirable even at this early stage.

The PCSC aims to Inquire into and resolve complaints without undue delay.

However, even the PCSCs inquiries regularly meet undue delay by government

agencies in responding to PCSCs inquiries. While efforts are being made to

establish effective working relationships with Government agencies and

departments, the PCSC is also liaising with relevant Departments to factor in undue

delay as a key performance indicator in the annual ranking of Ministries.

Quarter Ahead

The PCSC will continue to put in place mechanisms to address complaints from the

public countrywide. We expect to continue working to establish and sustain

effective working relationships with Government departments and agencies, and to

extend our Advocacy and Outreach programmes to the Provinces and Districts. In

addition, the PCSC expects to continue identifying systemic and structural defects

in Governments service delivery and performance standards.

Kenneth Mwige

EXECUTIVE DIRECTOR

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CHAPTER ONE

1 INTRODUCTION

The Public Complaints Standing Committee {PCSC} was established by H.E the

President through Gazette Notice No. 5826 of 2007 on June 29 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 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;

9

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.

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 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

iii. It does not concern possible wrongdoing by a public institution.

Who can complain?

A Ugandan refugee lodged a Complaint against the Ministry of Foreign Affairs

alleging that Ministry officials were wrongfully withholding his travel documents

sent to him by the German Embassy through the Ministry of Foreign Affairs. PCSC

considered that the Complainant could lodge the Complaint since he was lawfully

present in Kenya.

An Example of Complaint Outside Mandate

A Complaint was lodged against Solid Investment Securities Limited, a private

company. The Complainant alleged that Solid Investment Ltd had failed to act on

instructions to purchase shares for him despite receiving money and also failed to

remit sale proceedings after selling another set of shares. PCSC observed that the

object of the Complaint was a private company hence outside mandate. The

Complainant was advised to lodge the complaint with the Capital Markets

Authority.

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1.2 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 criterion is that:

i. The Complainant and the public institution complained against must be

identified;

ii. The Complaint has been lodged with the appropriate channels within the

institution concerned;

iii. Appropriate administrative intervention channels 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.

An example of Inadmissibility

A Complainant alleged unprocedural dismissal from the Police Force. He claimed

that he was dismissed on flimsy grounds. He appealed against the dismissal but the

appeal was rejected. He later filed a suit against the dismissal. The PCSC considered

that though the Complaint raised issues of administrative injustice, the Complaint

was inadmissible as the Complainant had submitted the matter for adjudication by

the courts.

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CHAPTER TWO

2.0 COMPLAINTS AND INQUIRIES

The core task of the Public Complaints Standing Committee {PCSC} is to receive

Complaints against public officers in Ministries, Parastatals/State Corporations,

Statutory Bodies or any other public institution. Complaints are received by the

PCSC mainly through visits by members of the public to PCSC offices. The PCSC

also conducts inquiries on its own initiative.

2.1 Complaints-Handling Procedures

All Complaints received by the PCSC are registered, acknowledged and

documented. The Complaint is assessed in light of the PCSC mandate to determine

if an inquiry should be opened. The Complainant is informed of the result of the

assessment, normally within one month.

If no inquiry is initiated, the Complainant is informed of the reason. Often, the

Complainant is given appropriate advice on a competent government agency to

which he/she could turn to for redress. This is especially so when the Complainant

has not first sought a solution from the concerned institution.

The first step in initiating an inquiry is to send the Complaint with supporting

documentation to the public institution concerned for a first opinion within 30 days.

When the opinion is received it is sent to the Complainant for his comments, or, in

exceptional cases, a decision is taken by the PCSC depending on the response

received.

The principle of fairness dictates that the PCSCs decision on a Complaint must not

take into account information provided by either the Complainant, or by the public

institution, unless the other party has had the opportunity to see the information

and give his/her/its point of view.

The PCSC therefore 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. If this happens the Complaint is then closed

as settled by the public institution. In some other cases, the Complainant decides

to withdraw the Complaint and the Complaint is closed for this reason.

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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.

2.1.1 Analysis of Complaints

During the Quarter, the PCSC dealt with 793 Complaints. 373 of these were new

Complaints received in the Quarter. 420 were brought forward from the previous

Quarter of July September 2008.

In this Quarter, 359 Complaints, or 96% of the Complaints received, were within

mandate while 14 of the Complaints were outside mandate. Of the 373 Complaints

received in the Quarter, action was taken and Inquiries initiated in 207 Complaints.

152 Complaints were carried forward to the next reporting period.

Of the 373 Complaints received in the Quarter, 28% originated from Nairobi

Province followed by 20% from Central Province. A full analysis of the geographical

distribution of Complaints is provided in Chapter Three.

Most of the Complaints received were against the Kenya Police, comprising 19%. As

noted in the last Quarterly Report, Complaints against the Kenya Police are two-

pronged; first, Complaints by the public lodged against police officers and secondly,

allegations of unfair dismissal lodged by police officers against the Police Force.

The main category of Complaints alleged were injustice, comprising allegations of

unfair dismissal and premature retirement at 29%, avoidable delay at 25% and

misuse of office at 20%.

Advice was given in 22 Complaints most of which involved allegations of gross

misconduct and breach of integrity by Advocates of the High Court of Kenya. This

figure includes instances in which the Complaint to the PCSC would have been

declared inadmissible because appropriate administrative intervention channels,

such as the Advocates Complaints Commission, had not been exhausted.

In the Quarter, 44 Complaints were considered resolved hence closed. This figure

includes 4 which were withdrawn by the Complainants, 22 in which the

Complainants were advised/ directed to appropriate agencies to turn to for redress

and 18 which were settled by the institution concerned or found to be without

merit.

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2.2 Decisions Following Review and Inquiries by PCSC

2.2.1 Complaints Where Advise 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.

The Complainant, a councillor from Ikolomani Constituency, lodged a Complaint

alleging misuse of development funds allocated to Ikolomani Constituency and

non-completion of the projects initiated by the Constituency Development Fund

{CDF} members. PCSCs examination of the Complaint revealed that the

Complainant had not lodged the Complaint with the Complaints and Arbitration

Committee of the CDF National Committee as required under the CDF Act of 2007.

The PCSC therefore advised the Complainant to direct the Complaint to the CDF

Complaints and Arbitration Committee.

2.2.2 Complaints determined to be Without Merit

The PCSC deals with Complaints that are within the PCSC mandate and which

provide grounds to initiate inquiries i.e Complaints which upon review reveal an

instance of wrongdoing by the public institution concerned. During the Quarter,

some Complaints did not reveal any instance of wrongdoing even though the

Complaints were technically admissible. These Complaints were therefore closed

and the Complainants advised accordingly.

A Complaint was lodged against the Agricultural Finance Corporation {AFC}. The

Complainant alleged that he bought a milk cow with loan advanced by AFC.

However, due to drought the cow died before he could complete repaying the loan.

The Complainant claimed that AFC had refused to waive the loan and sought

PCSCs intervention. The PCSC found no instance of wrongdoing in the Complaint

and advised the Complainant to seek a renegotiation of the terms and conditions of

the loan with AFC. The Complaint was closed as having no merit.

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A Complainant alleged that his dismissal from the Kenya Medical Training Centre

{KMTC} was improper since he was not given an opportunity to defend himself

against the accusations levelled against him. Upon perusal of documents availed, it

was noted that the Complainant had appeared before the Senior Management

Committee to defend himself on two separate occasions. The PCSC found that there

was no justification for the allegation that the Complainant was not accorded an

opportunity to defend himself. The Complainant was therefore advised that the

complaint did not reveal any grounds for the PCSC to initiate inquiries.

2.2.3 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.

The Complainant lodged a Complaint against Kenyatta National Hospital {KNH}

alleging that the management of KNH retired him in the public interest on terms

that denied him access to his terminal benefits until attaining the age of fifty {50}

years. He claimed that this was unfair since he was not able to support his

dependants. He sought to have KNH allow him to access his terminal benefits

immediately. PCSC initiated inquiries with the Management of KNH and

forwarded the Complainants request. The Management of KNH agreed to review

the decision and allow the Complainant to access part of his benefits on retirement

as a withdrawal. The Complaint was considered solved in a mutually satisfactory

way and closed.

A Complainant alleged that the Teachers Service Commission {TSC} promoted him

to Job Group L in Year 2000. However, in Year 2002 his promotion was rescinded

and he was subsequently demoted to Job Group K without any reasonable

explanation. PCSC initiated inquiries with TSC regarding the promotion and

demotion. TSC reviewed its decision and decided to uphold the Complainants

promotion to Job Group L with effect from Year 2000. The PCSC observed that the

Complaint was resolved in a mutually satisfactory manner and closed it.

In October 2008, a Complaint was lodged against the City Council of Nairobi

alleging failure to remit the Complainants Cash Bail following dismissal of a case

against the Complainant. He claimed that since August 2007 he had on several

occasions visited City Hall Registry to claim the cash bail but each time he was

informed that his file could not be located hence his payment could not be

processed. PCSC initiated inquiries with the City Council of Nairobi Town Clerk

into the allegations of loss of the file asking for immediate refund of the

Complainants cash bail. The office of the Town Clerk wrote to the PCSC advising

15

that the Complainant should visit the City Hall offices and collect his refund. The

Complainant was advised accordingly and collected his refund. PCSC considered

the Complaint resolved and closed the file.

The Complainant alleged excessive and unjustifiable delay by the Kenya Revenue

Authority {KRA} in settling and processing refunds for his Electronic Tax Register

machine which he had purchased under KRA regulations. He claimed that 18

months after he had applied for a refund the same had not been processed. PCSC

initiated inquires with the KRA Commissioner General into the delay in September

2008. In October 2008, KRA wrote to PCSC advising that the Complainants refund

had been processed and paid to him. The Complainant confirmed that he had

received the refund. PCSC noted that the case had been resolved satisfactorily.

A Complainant alleged excessive delay in refunding an overpayment of his student

loan to the Higher Education Loans Board {HELB}. He claimed that in June 2008 he

was promised a refund of the overpaid monies in two weeks. However, by

September 2008, despite several visits to HELB offices, the refund had not been

paid. PCSC wrote to HELB inquiring into the delay in processing the refund. In

October 2008, HELB wrote to the PCSC apologizing for the delay and informing the

PCSC that the Complainants refund had been paid to him and a certificate of loan

repayment issued to him. The Complainant confirmed that he had received the

refund and the certificate. PCSC considered that the matter had been resolved.

In December 2008, the Complainant alleged excessive and unjustifiable delay by

Mombasa Water & Sewerage Company in effecting payment for goods he had

supplied. He claimed that he had supplied the goods in July 2008 but had not

received payment. PCSC was of the opinion that there was an instance of undue

delay and initiated inquiries with the Ministry of Water and Irrigation. The Director

of Water Services explained the reasons for the delay and further informed PCSC

that part payment had been made to the Complainant while the remaining sum was

to be paid at the end of January 2009. The Complainant confirmed that he had

received part payment. PCSC considered that the Complaint was handled

satisfactorily.

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2.2.4 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.

The Complainant lodged a Complaint alleging wrongful dismissal by Kenya

Pipeline Corporation {KPC}. The Complainant alleged that KPC had wrongfully

rescinded her earlier promotions, demoted her and subsequently dismissed her.

She sought to have her terminal benefits recalculated based on her previous Job

Group prior to demotion and subsequent dismissal. PCSC forwarded the Complaint

to KPC and held consultative meetings with the management of KPC. KPC

informed PCSC the reasons for its decisions to demote and subsequently dismiss the

Complainant. PCSC noted that the Complainant had been accorded an opportunity

by KPC to appeal in writing against the dismissal and have the decision reviewed to

termination on medical grounds but instead the Complainant chose to institute a

civil suit against KPC. PCSC considered that the reasons given regarding the

demotion and subsequent dismissal were justified and noted demonstration of

goodwill by KPC as regards appeal against dismissal. On this basis PCSC did not

find an instance of wrongdoing, advised the Complainant accordingly and closed

the Complaint.

In August 2008, a Complaint was lodged against the Kenya Revenue Authority

{KRA} alleging excessive and unwarranted delay in registering the Complainants

motor vehicle. The Complainant claimed that since his return to Kenya in August

2007 he had unsuccessfully made applications to KRA Customs Department for

registration of his motor vehicle. PCSC forwarded the Complaint to the

Commissioner General KRA inquiring into the delay. KRA submitted its response

to PCSC explaining that the Complainant had made a wrong/false declaration

under the East African Community Customs Management Act hence he forfeited his

entitlement to duty free importation and the motor vehicle could only be registered

upon payment of duty. PCSC found that there was no instance of wrongdoing in

the Complaint, advised the Complainant accordingly and closed the Complaint.

17

The Complainant alleged that his dismissal from the Police Force was unfair and

unprocedural on the grounds that he was not allowed to call any witnesses and

representation by a Police Inspector as per the Police Regulations. PCSC initiated

inquiries with the Commissioner of Police regarding the dismissal. The

Commissioner of Police wrote to PCSC advising that the Complainant failed to call

witnesses despite being given an opportunity to do so and also that he did not

apply to be represented by a Police Inspector as alleged. Further the Commissioner

of Police advised that the Appeals Board considered the Complainants appeal and

found it to be without merit. In view of the response, PCSC found no instance of

wrongdoing in the Complaint and decided that no further inquiries were justified.

PCSC advised the Complainant accordingly and closed the Complaint.

2.2.5 Complaints where PCSC Initiated Further Inquiries

Some responses to PCSC inquiries were not satisfactory. After careful examination

of the responses it appeared the main questions raised by PCSC inquiries remained

unanswered. PCSC decided to conduct further inquiries and invited the

Complainant to make comments and observations to the response of the public

institution.

The Complainant lodged a Complaint against the County Council of Isiolo alleging

corruption by the Council officials. The Complainant claimed that he had been

allocated a plot which was later corruptly allocated to someone else. The

Complainant sought to have the double allocation rectified and the ownership of

the plot revert to him. PCSC initiated inquiries into the allegations of corruption.

The Isiolo County Council forwarded its observations and comments to the PCSC

stating that the Complainants plot had been earmarked for expansion of the Isiolo

International Airport hence the Complainant would be compensated with an

alternative plot. PCSC forwarded these comments to the Complainant who claimed

that the plot had been allocated to a private individual. PCSC considered the

explanation by the Council not satisfactory and has initiated further inquiries.

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2.3 Letters of Appreciation from Complainants

22

2.4 List of Non-Performing Government Institutions

MINISTRY OF LOCAL GOVERNMENT

DATE PUBLIC

INSTITUTION

NATURE OF

COMPLAINTS

DATE

LETTER

SENT

DURATION

NOT

REPLIED

29/5/2008 Nairobi City Council Unethical conduct 9/6/2008 6 months

27/8/2008 Nairobi City Council Delay 17/9/2008 3 months


10/6/2008 Masaku CountyCouncil Injustice 25/9/2008 3 months

4/9/2008 Garissa Municipal

Council

Delay 23/9/2008 3 months



3/9/2008 Ministry of Local Govt. Misuse of office 23/9/2008 3 months

11/9/2008 Ministry of Local Govt. Inattention 23/9/2008 3 months








3/9/2008 Kiambu CountyCouncil Misuse of office 22/9/2008 3 months



1/9/2008 Nairobi City Council Misuse of office 23/9/2008,

13/11/2008

3 months


10/6/2008 Nairobi City Council Injustice 11/6/2008,

25/9/2008

6 months

29/8/2008 Kirinyaga County

Council

Corruption 19/9/2008 3 months


31/7/2008 Nairobi City Council Misuse of office 29/8/2008 4 months






23






22/8/2008 Nairobi City Council Delay 22/9/2008,

3/12/2008

3 months







28/8/2008 Nairobi City Council Maladministration 11/9/2008,

19/12/2008

3 months





1/9/2008 Nairobi City Council Maladministration 22/9/2008 3 months








10/6/2007 Ministry of Local Govt. Injustice 15/6/2008 6 months

11/9/2008 Ministry of Local Govt. Delay 30/9/2008 3 months

3/9/2008 Ministry of Local Govt. Misuse of office 23/9/2008,

12/11/2008

3 months

KENYA POLICE

19/6/2008 Kenya Police Misuse of office 7/7/2008 5 months


14/7/2008 Kenya Police Injustice 21/7/2008,

21/10/2008

5 months

22/2/2008 Kenya Police Inefficiency 28/2/2008 10 months



10/4/2008 Kenya Police Unethical conduct 9/6/2008 6 months

15/8/2008 Kenya Police Maladministration 10/9/2008 3 months

24

25/8/2008 Kenya Police Injustice 25/9/2008 3 months

22/8/2008 Kenya Police Inattention 23/9/2008 3 months





21/10/2008

6 months



28/8/2008 Kenya Police Inefficiency 18/9/2008 3 months

9/9/2008 Kenya Police Delay 18/9/2008,

18/12/2008

3 months


3/11/2008

3 months

25/8/2008 Kenya Police Corruption 11/9/2008 3 months


1/9/2008 Kenya Police Delay 10/9/2008 3 months


25/8/2008 Kenya Police Corruption 23/9/2008 3 months


12/11/2008

3 months

15/8/2008 Kenya Police Inattention 17/9/2008 3 months



30/7/2008 Kenya Police Delay 2/9/2008,

24/11/2008

3 months

10/9/2008 Kenya Police Incompetence 23/9/2008 3 months


21/10/2008

5 months

5/9/2008 Kenya Police Misuse of office 19/9/2008,

18/12/2008

3 months


PROVINCIAL ADMINISTRATION

14/3/2008 Provincial

Administration

Inefficiency 27/5/2008 7 months


Administration

Delay 10/6/2008,

17/9/2008

6 months

9/9/2008 Provincial

Administration


21/8/2008 Provincial Misuse of office 25/9/2008 3 months

25

Administration

1/9/2008 Provincial

Administration

Injustice 24/9/2008 3 months


Administration



Administration

Misuse of office 19/9/2008,

25/11/2008

3 months


Administration

Misuse of office 26/6/2008 6 months

6/5/2008 Provincial

Administration


6/5/2008 Provincial

Administration


2/9/2008 Provincial

Administration



Administration

Corruption 22/9/2008 3 months


Administration



Administration



Administration


3/7/2008 Provincial

Administration



Administration

Inefficiency 22/9/2008 3 months


Administration

Inattention 23/9/2008 3 months


Administration


MINISTRY OF LANDS

17/6/2008 Ministry of Lands Delay 1/7/2008 5 months

28/8/2008 Ministry of Lands Corruption 17/9/2008 3 months


20/8/2008 Ministry of Lands Misuse of office 9/9/2008,

27/10/2008

3 months


29/5/2008 Ministry of Lands Misuse of office 13/7/2008 5 months

19/8/2008 Ministry of Lands Corruption 19/9/2008 3 months

30/4/2008 Ministry of Lands Injustice 22/5/2008 7 months

26

25/8/2008 Ministry of Lands Misuse of office 23/9/2008 3 months

5/9/2008 Ministry of Lands Misuse of office 26/9/2008,

12/11/2008

3 months

9/7/2008 Ministry of Lands Delay 21/8/2008,

23/10/2008

4 months

MINISTRY OF LABOUR

3/9/2008 Ministry of Labour Inattention 24/9/2008 3 months

11/8/2008 Ministry of Labour Misuse of office 2/9/2008 3 months

27/8/2008 Ministry of Labour Delay 19/9/2008 3 months

16/7/2008 Ministry of Labour Corruption 7/8/2008,

6/10/2008

4 months

7/8/2008 Ministry of Labour Inefficiency 19/9/2008 3 months

10/7/2008 Ministry of Labour Maladministration 23/7/2008 5 months

19/8/2008 Ministry of Labour Injustice 9/9/2008 3 months

27/8/2008 Ministry of Labour Inefficiency 25/9/2008 3 months



MINISTRY OF EDUCATION

18/9/2008 Ministry of Education 24/9/2008,

19/12/2008

3 months

17/6/2008 Teachers Service

Commission

Injustice 2/7/2008,

17/7/2008

5 months


Commission

Injustice 25/9/2008,

12/22/2008

3 months


Commission


10/11/2008

7 months

10/7/2008 Ministry of Higher

Education


4/9/2008 Ministry of Education Injustice 11/9/2008 3 months

20/8/2008 Ministry of Education Delay 3/9/2008 3 months

MINISTRY OF MEDICAL SERVICES

25/8/2008 Ministry of Health Injustice 17/9/2008 3 months

21/4/2008 Kenyatta National

Hospital


1/12/2008

7 months

17/6/2008 Ministry of Health Injustice 15/9/2008

7/11/2008

3 months

28/3/2008 Ministry of Health Incompetence 7/4/2008,

19/9/2008

8 months

27

MINISTRY OF DEFENCE

23/7/2008 Ministry of Defence Injustice 6/8/2008,

15/12/2008

4 months

27/8/2008 Ministry of Defence Maladministration 22/9/2008 3 months

MINISTRY OF STATE FOR PUBLIC SERVICE

15/8/2008 Public Service

Commission


1/9/2008 Public Service

Commission


2/5/2008 Kenya Institute of Adm. Injustice 10/6/2008,

17/7/2008

6 months

OFFICE OF THE ATTORNEY GENERAL

19/8/2008 Attorney General Office Maladministration 11/9/2008 3 months

9/7/2008 Attorney General Office Maladministration 3/9/2008 3 months

2/7/2008 Public Trustee Inefficiency 17/7/2008,

25/9/2008

5 months

25/7/2008 Registrar of Birth and

Death

Incompetence 6/8/2008 4 months

3/9/2008 Registrar of Trade

Unions


JUDICIARY

21/8/2008 Judiciary Incompetence 25/9/2008 3 months

27/8/2008 Judiciary Delay 15/9/2008 3 months



17/7/2008 The Registrar High

Court


15/8/2008 Judiciary Delay 28/8/2008,

15/12/2008

4 months

1/7/2008 Judiciary Injustice 15/9/2008,

15/12/2008

3 months


ADVOCATES COMPLAINTS COMMISSION

26/8/2008 Advocates Complaints

Commission


1/9/2008 Advocates Complaints Maladministration 26/9/2008 3 months

28

Commission

21/8/2008 Otieno Kogo & Co.

Advocates


9/9/2008 Advocate Delay 18/9/2008 3 months

22/8/2008 Advocates Complaints

Commission

Delay 15/9/2008,

11/11/2008

3 months

MINISTRY OF TRANSPORT

25/8/2008 Ministry of Transport Injustice 24/9/2008 3 months

PARASTATALS/STATE CORPORATIONS

19/5/2008 Pensions Department Delay 28/5/2008 7 months



25/8/2008 Kenya Airport

Authority


29/8/2008 Kenya Airport

Authority


30/10/2008

3 months

4/9/2008 Kenya Railways

Corporation


1/7/2008 Kenya Railways

Corporation

Maladministration 15/7/2008 5 months

28/2/2008 NEMA Delay 28/5/2008,

28/8/2008

7 months

21/8/2008 KICC Injustice 9/9/2008,

12/11/2008

3 months

20/8/2008 Kenya Bureau of

Standards


15/12/2008

3 months

25/8/2008 Postal Corporation of

Kenya


3/11/2008

3 months

13/8/2008 KPLCo. Ltd Injustice 20/8/2008 4 months

28/7/2008 Kenya Commercial

Bank


21/8/2008 KPLCo. Ltd Injustice 4/9/2008 3 months

18/8/2008 KPLCo. Ltd Delay 19/9/2008,

3/11/2008

3 months

29

MINISTRY OF PUBLIC WORKS

30/4/2008 Ministry of Public

Works


6/8/2008

7 months

4/9/2008 Ministry of Public

Works


MINISTRY OF STATE FOR IMMIGRATION & REGISTRATION OF PERSONS

18/8/2008 Ministry of

Immigration



Immigration


MINISTRY OF FINANCE

16/7/2008 Ministry of Finance Delay 2/9/2008 3 months

MINISTRY OF ROADS

30/4/2008 Ministry of Roads Injustice 22/5/2008,

10/11/2008

7 months

7/4/2008 Ministry of Roads Injustice 22/5/2008 7 months

MINISTRY OF GENDER,CHILDREN & SOCIAL AFFAIRS

12/5/2008 Ministry of Gender Misuse of office 27/5/2008 7 months

19/8/2008 Ministry of Gender Delay 10/9/2008 3 months

16/7/2008 Ministry of Gender Misuse of office 30/7/2008 5 months

MINISTRY OF FOREIGN AFFAIRS

16/4/2008 Ministry of Foreign

Affairs

Misuse of office 11/6/2008

9/9/2008

6 months

26/8/2008 Ministry of Foreign

Affairs


3/11/2008

3 months

MINISTRY OF WATER & IRRIGATION

15/9/2008 Ministry of Water &

Irrigation

Inefficiency 30/9/2008,

12/11/2008

3 months

4/9/2008 Ministry of Water &

Irrigation


3/11/2008

3 months

MINISTRY OF ENVIRONMENT & NATURAL RESOURCES


Environment


26/11/2008

3 months

30

OFFICE OF THE VP & MINISTRY OF HOME AFFAIRS

18/8/2008 Ministry of Home

Affairs- Prisons

Department


MINISTRY OF COOPERATIVE DEVELOPMENT & MARKETING

22/8/2008 Ministry of Cooperative

Devt.


24/7/2008 Ministry of Forestry &

Wildlife

Maladministration 6/8/2008 4 months

31

CHAPTER THREE

3.0 STATISTICAL ANALYSIS

3.1 Complaints Received

In this Quarter, PCSC received a total of 373 new Complaints. 168 Complaints were

received in October, while 129 and 76 Complaints were received in the months of

November and December respectively.

TABLE 1: Statistical Summary

No. Category Total Percentage

1. Total number of complaints received by PCSC

from July 2007 to 31st December 2008

1,069 100%

2. Total number of resolved matters from July

2007 to 31st December 2008

265 25%

3. Total number of ongoing matters from the

previous Quarters

420 39%

4. Total number of resolved matters in the last

Quarter

133 -

5. Total number of complaints from the previous

Quarters Carried Over to the next reporting

period

42 4%

6. Total no. of complaints received in this Quarter 373 -

32

Distribution of complaints according to PCSC mandate

Not within PCSC Mandate4%

Within PCSC Mandate96%

3.2 Classification of Complaints Received by PCSC Mandate

Within mandate: 359 (96%)

Outside mandate: 14 (4%)

FIGURE 1: Distribution of Complaints According to the PCSC mandate.

33

3.3 Analysis According to Action Taken by PCSC

TABLE 2: Analysis on Processing of Complaints Received

No. CATEGORY TOTAL %

1. Complaints where further inquiries initiated. 151 40%

2. Complaints channeled to responsible

department of government for action e.g. The

Police Complaints Department.

22 6%

3. Complaints referred to other investigative

agencies e.g. KACC and KNHCR

4 1%

4. Complaints resolved1 44 12%

5. Complaints carried over to the next

reporting period

152 41%

Total 373 100%

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

redress.

34

Complaints categories

Referred complaints1%

Channeled Complaints6%

Ongoing inquiries40%

Resolved cases12%

Carried Over to the next reporting period

41%

FIGURE 2: Categorization of Complaints Processed by the PCSC

35

Monthly analysis of complaints received in 2008

231

76

129

168

230

70

51

24131378

0

50

100

150

200

250

Jan

uar

y

Febr

uar

y

Mar

ch

April

May

Jun

e

July

Augu

st

Sept

embe

r

Oct

ober

Nov

embe

r

Dec

embe

r

Month

No. o

f co

mpl

ain

ts3.4 Monthly Analysis of Complaints for the Year 2008

FIGURE 3: Monthly Analysis of Complaints Received in the year 2008.

There was a gradual decrease in the number of Complaints received by the PCSC in

this Quarter compared to the previous Quarter. December registered the least

number of Complaints. The reduction in the number of Complaints received may be

attributed to a number of factors. These are:-

36

PCSC embarked on countrywide provincial tours in this Quarter. During the

tours, PCSC managed to resolve most of the Complaints raised in the

presence of the various provincial and district departmental heads or offer

advice to the Complainants on appropriate administrative channels to

approach for intervention.

The nature of this Quarter due to holiday festivities hence more people might

not have time to visit the PCSC office.

After a series of successful outreach programs, better public familiarization

with the PCSC mandate hence decreasing the number of Complaints which

are Outside mandate. This has significantly affected the total number of

Complaints received in this Quarter.

3.5 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) Maladministration; failure of a public institution/ officer to act in accordance

with the rules or principles binding it/him/her

37

TABLE 3: Complaints Categories

Category

No. of Complaints

Percentage

Injustice

107

29%

Delay

94

25%

Misuse of Office

73

20%

Inattention

17

4.5%

Maladministration

16

4%

Inefficiency

15 4%

Incompetence

11

3%

Others

40 10.5%

Total

373

100%

38

29%

25%

20%

4.50%4%4%3%

10.50%

Complaints categories

Others

Incompetence

Inefficiency

Maladministration

Inattention

Misuse of office

Delay

Injustice

FIGURE 4: Graphical Representation of Complaints Categories.

39

3.6 Analysis Based on Ministries and Public Sector Institution

TABLE 4: Ministries and Public Sector Institutions Complained Against.

MINSTRY/PUBLIC

SECTOR INST.

No. OF COMPLAINTS

RECEIVED PERCENTAGE

Kenya Police 69 19

Provincial Administration. 38 10

Ministry of Local

Government 32 9

Ministry of state for Defence 26 7

Ministry of Labour 22 6

Ministry of Lands 22 6

Ministry of Education 15 4

Judiciary 15 4

Ministry of Agriculture 13 3.5

Teachers Service Commission 10 3

Office of the Attorney

General 10 3

Pensions Department 9 2.4

Ministry of Medical Services 8 2

Ministry of Transport 8 2

Advocates Complaints

Commission 8 2

Banking sector 6 1.6

Private institutions/Inquiries 6 1.6

Ministry of state for Public

Service 6 1.6

Ministry of Higher Education 6 1.6

Ministry of Finance 5 1

40

Ministry of Water &

Irrigation 5 1

Ministry of Roads 3 0.8

Ministry of Information &

Communications 3 0.8

Ministry of Tourism 3 0.8

Kenya Revenue Authority 3 0.8

Kenya Power & Lightening

Co.Ltd 3 0.8

Ministry of state for

Immigration 2 0.5

Ministry of Environment &

Natural Resources 2 0.5

Ministry of Youth Affairs &

Sports 2 0.5

Ministry of Wildlife &

Forestry 2 0.5

Ministry of Cooperative

Development & Marketing 2 0.5

Ministry of Justice, National

Cohesion & Const. Affairs 2 0.5

Ministry of National

Heritage & Culture 2 0.5

Ministry of Industrialization 2 0.5

Ministry of Public Works 1 0.2

Law Society of Kenya 1 0.2

Ministry of Gender, Children

& Social Affairs 1 0.2

TOTAL 373 100%

41

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 totalling 107

which represents 29% of the total Complaints received. Out of the 107 Complaints

received against the Ministry, 69 Complaints were against the Kenya Police while 38

Complaints were against the Provincial Administration. PCSC held a number of

consultative meetings countrywide with the Provincial and District Commissioners

and various departmental heads in the provinces aimed at reducing the large

number of Complaints received against their departments.

The Ministry of Local Government recorded 9% of the total Complaints received.

The Nairobi City Council recorded the highest number of Complaints, 21 of the 32

Complaints against the Ministry of Local Government.

A number of Government Parastatals and State Corporations such as Kenya

Revenue Authority (KRA), the Kenya Power and Lightening Company and the

Pensions Department were also complained against.

42

Complaints by Ministries and Public Sector Inst.

Pro

vin

cia

l Adm

in.

Min

. o

f De

fen

ce

Min

. o

f La

nds

Judi

cia

ry

TSC

Pen

sion

s D

epa

rtme

nt

Min

. o

f Tra

nsp

ort Ba

nks

Min

. o

f Pu

blic

Se

rvic

e

Min

. o

f Fin

an

ce

Min

. o

f Ro

ads

Min

. o

f To

uris

m

KPLC

o.

Min

. o

f En

viro

nm

en

t

Min

. o

f Wild

life

&

Fore

stry

Min

. o

f Ju

stic

e

Min

.o

f In

dust

rializ

atio

n LSK

0

2

4

6

8

10

12

14

16

18

20

Ken

ya Po

lice

Min

. o

f Lo

cal G

ovt

Min

. o

f La

bou

r

Min

. o

f Edu

catio

n

Min

. o

f Agr

icu

lture

Offi

ce o

f the

AG

Min

. o

f Me

dica

l Se

rvic

es

Advo

cate

s

Priv

ate

Min

. o

f Hig

her

Edu

catio

n

Min

. o

f Wa

ter

Min

. o

f In

form

atio

n

KRA

Min

. o

f Im

mig

ratio

n

Min

. o

f Yo

uth

Min

. o

f Co

ope

rativ

e D

evt

Min

. o

f Cu

lture

Min

. o

f Pu

blic

W

ork

s

Min

. o

f Ge

nde

r

%

FIGURE 5: Graphical Representation of Complaints Received by Ministries and

Public Sector Institutions.

43

3.7 Analysis of Complaints Based on Provinces.

TABLE 5: Distribution of Complaints across the Provinces

PROVINCE NO. RECEIVED PERCENTAGE

Nairobi

104 28%

Central

75 20%

Rift Valley

54

14.5%

Eastern

50

13.4%

Nyanza 42 11.3%

Western

35 9.3%

Coast

8

2%

North Eastern

3 0.8%

Organizations/Groups

2 0.5%

TOTAL 373 100%

The highest number of Complaints was received from Nairobi Area at 28% followed

by Central Province at 20% and Rift Valley Province at 14.5%. The least number of

Complaints were received from Coast and North Eastern Provinces at 2% and 0.8%

respectively. This variance in distribution can be attributed to the proximity of

PCSC offices. PCSC intends to open offices at provincial and district levels.

44

28

20

14.5 13.4

11.3

9.3

2 0.8 0.5

0

5

10

15

20

25

30

%

Nairobi Central Rift valley Eastern Nyanza Western Coast N/EasternOrganizations/GroupProvince

Geographic distribution of complaints received

FIGURE 6: Graphical Representation of Complaints received by Province

45

Visits to PCSC office, 82

Postal Mail, 14

E-mail, 2 Referral from other institutions, 2

0

10

20

30

40

50

60

70

80

90

%

1Mode

Mode of Lodging Complaints with the PCSC

3.8 Analysis by Mode of Lodging Complaint

TABLE 6: Mode of Lodging Complaints

Mode of reporting No. received Percentage

Personal Visit 305 82%

Postal mail 54 14%

E-mail 6 2%

Referral from other institutions 8 2%

TOTAL 373 100%

FIGURE 7: Graphical Representation of Mode of Reporting Complaints.

46

3.9 Analysis by Gender

TABLE 7: Complaints Distribution by Gender.

GENDER NUMBER PERCENTAGE

Male

313

84%

Female

44

12%

Organizations/Groups

16

4%

TOTAL

373

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 grassroot levels to empower more women on where and

how to lodge their Complaints to the PCSC.

47

FIGURE 8: Graphical Representation of Complaints received by Gender

Complaints distribution by Gender

Male84%

Female12%

Goroups/Organizations4%

48

3.10 Monthly Analysis of Complaints in the Quarter

TABLE 8: Current Status of the Quarter Complaints.

STATUS

TOTAL %

OCTOBER NOVEMBER

DECE

MBER

Inquiries initiated

by the PCSC 97 50 4 151

40%

Carried over to

the next reporting

period 24 60 68 152

41%

Complaints

resolved 30 11 3 44

12%

Channeled to

other government

institutions 16 6 0 22

6%

Referred to other

investigative

agencies 1 2 1 4

1%

TOTAL 168 129 76 373

100%

49

Comparative analysis of complaints processed during the Quarter

97

2430

12

16

611

6050

103

4

68

0

20

40

60

80

100

120

Ongoing Carried over Resolved Channeled Referred

Nu

mbe

r

October November December

FIGURE 9: Monthly comparative analysis of the Quarter Complaints

50

3.11 Comparative Analysis by Quarters

TABLE 9: Comparison of Complaints Processed in the 1st Quarter, 2008/09 and 2nd

Quarter 2008/09.

STATUS Q1 % Q2

%

Inquiries initiated by PCSC 324 61 151 40

Carried Over to the next reporting

period 42 8 152 41

Complaints channeled to responsible

department of government for action

e.g. The Police Complaints Department. 29 5.5 22 6

Referred to other investigative agencies

e.g. KACC and KNHCR 3 0.5 4 1

Resolved by the PCSC 133 25 44 12

TOTAL 531 100% 373 100%

51

FIGURE 9: Graphical Representation of Complaints processed in the 1st & 2nd

Quarter s of 2008/09.

324

151

42

152

133

44

2922

3

4

Ongoing Carried over Resolved Channeled Referred

Complaints processed in the 1st and 2nd Quarters of 2008

Quarter 1 Quarter 2

52

CHAPTER FOUR

4.0 COMMUNICATION ACTIVITIES

The PCSCs information strategy aims to raise the level of awareness amongst the

citizens in general and public officers of the existence and functions of the PCSC.

In the Quarter, the information strategy had two main objectives. The first was to

inform potential Complainants of their right to complain and how to exercise it.

The second was to establish working relations between the PCSC, citizens and

Government departments by informing the broader public of the PCSC and its role

in helping realize Kenyas commitment to responsive governance.

The strategy was put into effect through publications, civil society and grassroots

partnerships, provincial visits, study tours, media interviews and through the

internet.

4.1 Publications

PCSC Flyers, Booklets, Brochures, Mandate and Complaints Forms were widely

distributed during the provincial visits and in the grassroots partnership visits to

interested parties with a view to informing key stakeholders and the general public

about PCSCs activities and the services that the PCSC offers. Branded material was

also widely distributed.

4.2 Civil society and grassroots partnerships

In October 2008, PCSC partnered with Institute for Civic Affairs and Development

(ICAD) and Konrad Adenauer - Stiftung Foundation in district meetings in Eastern

Province in Makueni, Mbooni, Nziau, Kibwezi, Matuu, Kangundo, Machakos and

Yatta districts. The aim of the meetings was to sensitize the public through joint

community structures on PCSCs mandate and functions.

4.3 Provincial Visits

PCSC held Provincial visits from November 11th December 9th 2008. The visits

were attended by PCSC Committee members, Provincial and District

Commissioners, Provincial Heads of Departments, Religious leaders, Women

Groups, Youth Groups, Representatives of Community Based Organizations and

members of the public.

The principal objective of the provincial visits was to hold interactive sessions with

the Provincial Administration and other stakeholders. Through the meetings, the

PCSC established a working rapport with the provincial administration, provincial

heads and other grassroots leaders.

53

4.4 Consultative meetings with Government Agencies

The PCSC engaged in consultative meetings with various Government agencies to

establish and sustain effective working relationships in order to deal with

complaints more efficiently and effectively. Throughout the Quarter, PCSC held

consultative meetings with the Permanent Secretaries; Public Sector Reforms and

Performance Contracting, Labour and Human Resource Development and

Cooperative Development and Marketing; Central Bank - Banking Supervision

Department and with the Town Clerk, Nairobi City Council.

4.5 Media interviews

The PCSC media activities comprise mainly interviews. These interviews help draw

attention to the service that PCSC provides to the public. Equally, the interviews

emphasise the role of 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, the PCSC gave several media interviews. The issues covered during

the interviews were the mandate of the PCSC, functions of the PCSC, how to lodge

complaints and PCSC complaints-handling procedures.

4.6 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.

55

ANNEXTURES

MINISTRY OF STATE FOR PROVINCIAL ADMINISTRATION & INTERNAL SECURITY

KENYA POLICE

Date Name Province Sex

Mode of

contact

Complaints

category P I Involved Mandate

Case

status

Committee

member in

charge

15-Dec-08 Erastus K. Kagutho Central M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

10-Dec-08 Opondo Tony Otuge Nyanza M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

10-Dec-08 R. Ngemu Kitela & Others Nairobi Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

09-Dec-08 Kimani Ngari Central M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

05-Dec-08 Samuel J Githagu Central M Visit PCSC Incompetence Kenya Police Within New Grace Madoka

04-Dec-08 Peter Mburu Mogwe Central M Visit PCSC Inefficiency Kenya Police Within

Referred

to

MONJCA Grace Madoka

04-Dec-08 Hirbo Jillo Omar Eastern M Visit PCSC Delay Kenya Police Within New Grace Madoka

02-Dec-08 Heeran M Mutuku Eastern M Visit PCSC Inattention Kenya Police Within New Grace Madoka

02-Dec-08 Simon W Mbaruku

Rift

Valley M Visit PCSC Injustice Kenya Police Within New Grace Madoka

01-Dec-08 Sammy Waweru Kariuki Nairobi M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka

27-Nov-08 Wilfred Kiragu Okwaro Western M

Referral from

PM Office Delay Kenya Police Within New Grace Madoka

24-Nov-08 Shem Otieno Olonde Nyanza M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

56


Mode of

contact

Complaints


Case

status

Committee

member in

charge

24-Nov-08 Asli Maryam Kusow Nairobi F Visit PCSC Inattention Kenya Police Within Advised Grace Madoka

24-Nov-08 Simon Murage Maina

Rift

Valley M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

21-Nov-08 Haggai Madara Western M Visit PCSC Delay Kenya Police Within New Grace Madoka

20-Nov-08 Henry Gathura Gitiba Western M Visit PCSC Inattention Kenya Police Within New Grace Madoka

20-Nov-08 Simon Muhia

Rift

Valley M E-mail Delay kenya Police Within Ongoing

Kenneth

Mwige

19-Nov-08 Hussein Gedi Sora

Rift

Valley M Visit PCSC Injustice Kenya Police Within New Grace Madoka

18-Nov-08 Joseph Macharia Kamau 3 Nairobi M Visit PCSC Unethical conduct Kenya Police Within New Grace Madoka

17-Nov-08 Geoffrey Ochieng Ndeda Nairobi M Visit PCSC Ineptitude kenya Police Within Ongoing Grace Madoka

14-Nov-08 Charles Godrick Omuse Western M Visit PCSC Delay Kenya Police Within New Grace Madoka

14-Nov-08 Passie Nyayieka Nairobi M Visit PCSC Inattention Kenya Police Within Channeled Grace Madoka

14-Nov-08 Albert Towett

Rift

Valley M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

13-Nov-08 Kuria Kimani Central M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

13-Nov-08 Mildred Anne Odhiambo Nairobi M Visit PCSC Delay Kenya Police Within Channeled Grace Madoka

12-Nov-08 Margaret Wanjiru Nairobi F

Referral from

KNCHR Inattention Kenya Police Within Ongoing Grace Madoka

10-Nov-08 Oscar Foundation Nairobi Post Delay Kenya Police Within Ongoing Grace Madoka

10-Nov-08

Raphael Mwaniki

Karenga Nairobi M Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

07-Nov-08 Joseph Karanja Kabui

Rift

Valley M Visit PCSC Inattention Kenya Police Within Channeled Grace Madoka

04-Nov-08 Elias Kimari Kabiri Nairobi M Visit PCSC Incompetence Kenya Police Within Channeled Grace Madoka

57

04-Nov-08 David Ng'ang'a Mbugua Central M Post Misuse of office Kenya Police Within Channeled Grace Madoka

04-Nov-08 Grace Syonkau Kioko Eastern F Post Unethical conduct Kenya Police Within New Grace Madoka

31-Oct-08 Rev. Humphrey Goren Western M Visit PCSC Maladministration Kenya Police Within Ongoing Grace Madoka

31-Oct-08

Nelson Odhiambo

ObonyO Nyanza M Visit PCSC Injustice Kenya Police Within Channeled Grace Madoka

31-Oct-08 Stanley Kamau Munene Central M Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

30-Oct-08 Protas Mulosi Masinder Western M Visit PCSC Delay Kenya Police Within Channeled Grace Madoka

29-Oct-08 Rufus Kinyua Gachogo

Rift

Valley M Visit PCSC Delay Kenya Police Within Channeled Grace Madoka

29-Oct-08 Stella Mulandi Nairobi F

Referral from

Advocate Misuse of office Kenya Police Within Ongoing Grace Madoka

28-Oct-08 James Maina Kairo Central M Visit PCSC Misbehavior Kenya Police Within Ongoing Grace Madoka

27-Oct-08 David Ndaire Gatoto Central M Visit PCSC Inefficiency Kenya Police Within Ongoing Grace Madoka


Mode of

contact

Complaints


Case

status

Committee

member in

charge

27-Oct-08 Aquarius Ltd Nairobi M Visit PCSC Inefficiency Kenya Police Within Ongoing Grace Madoka

23-Oct-08 John Mwangi Kariuki Central M Post Breach of integrity Kenya Police Within Ongoing Grace Madoka

23-Oct-08 Joseph Mutuki Ndolo Eastern M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

22-Oct-08 Samuel M'atharu Eastern M Visit PCSC Misuse of office Kenya Police Within Channeled Grace Madoka

17-Oct-08 Simon Orwaru Ondiek Nairobi M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

17-Oct-08 Patrick Asiago Masese Nyanza M Visit PCSC Misuse of office Kenya Police Within Channeled Grace Madoka

16-Oct-08 Dorothy Sigoma Ingwe Western F Visit PCSC Inattention Kenya Police Within Ongoing Grace Madoka

16-Oct-08 David Maina Wambugu Central M Visit PCSC Misuse of office Kenya Police Within Closed Grace Madoka

15-Oct-08 Christopher Siso Oloo Nyanza M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

15-Oct-08 Simon Ntoiti M'Thambura Eastern M Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

14-Oct-08 Johnstone Kipkorir

Rift

Valley M Referred Injustice Kenya Police Within Ongoing Grace Madoka

14-Oct-08 Simeon Kinuthia Rift M Visit PCSC Delay Kenya Police Within Channeled Grace Madoka

58

Valley

13-Oct-08 Michael Kariuki Kirungia Central M Visit PCSC Misuse of office Kenya Police Within Ongoing Grace Madoka

13-Oct-08 John Gathiga Jeremiah Central M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka


Mode of

contact

Complaints


Case

status

Committee

member in

charge

13-Oct-08 John Nyagesoa Nyanza M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

09-Oct-08 Onesmus Musembi Zakay Eastern M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

08-Oct-08 Joseph Thuranira Eastern M Visit PCSC Inattention Kenya Police Within Ongoing Grace Madoka

07-Oct-08 Kennedy Mulusa Muzame

Rift

Valley M Visit PCSC Misuse of office Kenya Police Within Channeled Grace Madoka

07-Oct-08 Paul Kipruto Sang

Rift

Valley M Visit PCSC Injustice Kenya Police Within Closed Grace Madoka

06-Oct-08 Martin Okoth Nyangi Nyanza M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

06-Oct-08 Hubert Jagona keseko Nairobi M Visit PCSC Delay Kenya Police Within Channeled Grace Madoka

03-Oct-08 Raphael Muendo Kathuky Eastern M Visit PCSC Injustice Kenya Police Within Closed Grace Madoka

02-Oct-08 Charles Peter Mwangi Central M Visit PCSC Injustice Kenya Police Within Ongoing Grace Madoka

02-Oct-08 Aggrey Mulera Nairobi M Visit PCSC Misuse of office Kenya Police Within New Grace Madoka

02-Oct-08 Philip Kipchumba Samoei

Rift

Valley M Visit PCSC Injustice Kenya Police Within Closed Grace Madoka

02-Oct-08 John Murigu Central M Visit PCSC Delay Kenya Police Within Ongoing Grace Madoka

07-Nov-08 Thomas Kimutai Kibichii

Rift

Valley M Post Injustice NSIS Within Ongoing Nafisa Abass

06-Oct-08 Nancy Chereno Bunei Nairobi F Visit PCSC Injustice NSIS Within Ongoing Grace Madoka

59


Mode of

contact

Complaints


Case

status

Committee

member in

charge

29-Oct-08

Hawaga J. Anyang'a

Ondiasa Nyanza M Visit PCSC Delay NSIS Within Channeled Grace Madoka

PROVINCIAL ADMINISTRATION

29-Dec-08 Gerald Ogembo Oyaro Nyanza M Visit PCSC Misuse of office

Provincial

Admin. Within New Amb. Simani

23-Dec-08 Daniel Ojwang Ingekhi Western M Post Injustice

Provincial


19-Dec-08 Penina Nyambega Nairobi F Visit PCSC Delay

Provincial


11-Dec-08 Priscilla Gitonga Eastern F Visit PCSC Misuse of office

Provincial


11-Dec-08

Charles Njaramba

Munuhe

Rift

Valley M Visit PCSC Injustice

Provincial


11-Dec-08

Resident of Kongasis Sub-

Loc

Rift

Valley Visit PCSC Misuse of office

Provincial


03-Dec-08 Moses Muchiri Karanja

Rift

Valley M Visit PCSC Misuse of office

Provincial

Admin. Within Advised Amb. Simani

28-Nov-08 Charles Opabala Opuru

Rift

Valley M Post Misuse of office

Provincial

Admin. Within Ongoing Grace Madoka

28-Nov-08 Jeremiah Omukaga Nairobi M Post Misuse of office

Provincial


20-Nov-08 James Nkarle Lesasuiyan

Rift

Valley M Visit PCSC Discourtesy

Provincial

Admin. Within Advised Amb. Simani

20-Nov-08

Ushirika wa Safi

Community Nairobi Visit PCSC Misuse of office

Provincial


60


Mode of

contact

Complaints


Case

status

Committee

member in

charge

19-Nov-08

Wilberforce Mahugu

Machariah Central M Visit PCSC Inefficiency

Provincial


14-Nov-08 Mutua Nzioka Nairobi M Visit PCSC Delay

Provincial


12-Nov-08

Josephat Musyimi &

Others Eastern Visit PCSC Misuse of office

Provincial


11-Nov-08 Eliud Wainaina Gachunga Central M Visit PCSC Misuse of office

Provincial


10-Nov-08 Dennis K Bett

Rift

Valley M Visit PCSC Injustice

Provincial


07-Nov-08 Teresiah Wanjiru Muburi Central F Visit PCSC Misuse of office

Provincial

Admin. Within Ongoing Amb. Simani

05-Nov-08

Kamau Kinga & Co.

Advocates Nairobi Visit PCSC Misuse of office

Provincial


05-Nov-08 Daniel O Inghekhi Western M Post Injustice

Provincial


04-Nov-08 Alfred Mukulo Mutonyi Western M Visit PCSC Delay

Provincial


04-Nov-08 Eunice Wairimu & Others Central F Visit PCSC Incompetence

Provincial


04-Nov-08 Hosea Manjanga Western M Visit PCSC Misuse of office

Provincial


31-Oct-08 Erastus Munyila Nganga Central M Visit PCSC Misuse of office

Provincial


23-Oct-08 Ugas Abdi NEP M Visit PCSC Inefficiency

Provincial


61


Mode of

contact

Complaints


Case

status

Committee

member in

charge

22-Oct-08 Julius Ikungu D Mbui Central M Visit PCSC Misuse of office

Provincial

Admin. Within Channeled Amb. Simani

16-Oct-08 Paul M. Karanja Central M Visit PCSC Misuse of office

Provincial


16-Oct-08

Christopher K

Chepkiyeng

Rift


Provincial


16-Oct-08 Zaccharus Orembe Nyanza M Visit PCSC Misuse of office

Provincial


15-Oct-08 Simon Ntoiti M'Thambura Western M Visit PCSC Misuse of office

Provincial


14-Oct-08

Teresia Wamaitha

Kagecho Central M Visit PCSC Misuse of office

Provincial


13-Oct-08 John Gathiga Jeremiah 2 Central M Visit PCSC Incompetence

Provincial


13-Oct-08 Joshua Onzere Kijedi Western M Post Delay

Provincial

Admin. Within Ongoing Peter Karing'u

09-Oct-08 Wilson Too

Rift

Valley M Visit PCSC Inefficiency

Provincial


08-Oct-08 Mathew Njoroge Ngwiri

Rift


Provincial


62


Mode of

contact

Complaints


Case

status

Committee

member in

charge

08-Oct-08 Mariam Wanjiru Central F Visit PCSC Injustice

Provincial


08-Oct-08 Mary Marhic Central F Visit PCSC Inattention

Provincial


23-Oct-08

Doughlas Kimani

Muchaba Central M Visit PCSC Inattention

Provincial

Admin Within New Grace Madoka

03-Nov-08

Robert C

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Quarterly Q2 Report 2008-2009

Documents