This Act restructures the way the Kenya National Commission on Human Rights should operate, its rights and limitations – pursuant to Article 59 of the Kenyan constitution. The Commission on Administrative Justice Act is like the sister Act to this one. Continue reading “Kenya National Commission on Human Rights Act”
The Commission on Administrative Justice (CAJ) Act has split the CAJ away from the Kenyan National Commission on Human Rights in 2011.
The National Human Rights Commission is – among other tasks – in charge of investigating complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct, and it may investigate against state organs. Continue reading “Kenya National Commission on Human Rights”
Independent commissions established by the constitution have the task to ensure good governance in the respective fields which they are overseeing. We are listing some of them, later all.
This is the EACC internal and administrative operations act.
External operations and powers of this commission are found mainly in the Anti-Corruption and Economic Crimes Act.
Continue reading “Ethics and Anti Corruption Commission Act, 2011”
What will happen with profits of suspected crime and corruption in Kenya?
This law provides the procedures. It also sets up a Financial Reporting Centre
The Anti-Corruption and Economic Crimes Act is the main law in Kenya for fighting against Corruption. Continue reading “Anti-Corruption and Economic Crimes Act, 2011”
The Assets Recovery Agency
is – among other tasks in charge of getting hold of assets that were at least suspected to have been acquired illegaly or with illegaly acquired finances.
The agency is established in Sec 52 to 55 of the Proceeds of Crimes and Anti-Money Laundering Act
The agency was involved in 2015/ 16 in the Anne Waiguru / NYS case (ext. link) in which the agency set foot on property of Waiguru. Waiguru took legal action against this.
You can find out about the agency’s actions by searching online in the Kenya Gazette (ext. link) for the search term “assets recovery agency”. The search can be restricted to a specific calender year.
The CAJ deals with maladministration in the public sector, “such as unreasonable delay, administrative injustice, discourtesy or misconduct, incompetence or ineptitude, misbehavior in public administration, improper or prejudicial conduct, manifest injustice, abuse of power, unlawful, oppressive, unfair treatment or unresponsive official conduct and failure to adhere to the constitutional principles that all sovereign authority of the state is drawn from the people. In performing this function, the Commission provides oversight across the entire public sector, acting as a check on processes, systems and procedures.” (source: 2014 annual report – legal sources see below)
The CAJ handles complaints by any citizen and institution.
In 2014, according to the annual report, the Commission handled a total of 86,905 complaints with 79,693 new cases, which was four times as much as the year before. The Commission attributed this to increased awareness of the Commission’s existence and a growing appreciation. The annual reports cites in anecdotal reference a number of specific cases which were solved to the satisfaction of the complainants. But it is unclear as to which percentage of the total the cases could be satisfactorily solved.
The prominent service issues in 2014 were
- unresponsive official conduct (19.91%),
- delay (19.08%),
- unfair treatment (13.58%),
- abuse of power (11.54%),
- maladministration (10.81)
- administrative injustice (7.21).
With respect to institutions, most of the complaints were directed against the
- National Police Service (12.94%),
- Ministry of Interior and Co-ordination of National Government (9.28%),
- the Judiciary (8.04%), and
- Ministry of Lands, Housing and Urban Development (7.63%).”
The CAJ may investigate on its own initiative cases of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct. The 2014 annual report mentions seven comprehensive investigations of this kind along with recommendations the CAJ gave.
In 2014, the Commission cited 31 public officers and one institution for unresponsiveness to complaints. It trained officials and journalists and visited eight counties. It is decentralizing its services by opening branches in diverse cities of Kenya.
The next annual report for 2015 may be expected by the end of 2016 – if it takes as long as the last one to be completed, published and publicised.
By Act of Parliament according to the Constitution Article 59 (4). The CAJ takes part of the responsibilities of the former KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION.
Detailed functions of the commission are to be found in Section 8 of the Commission on Administrative Justice Act and the other Sections of the same act.
The commission has substantive investigative powers which are detailed in Sections 26 to 28 of the CAJ Act. But it may only try to resolve cases by conciliation, mediation, negotiation and recommendation Sec. 29 CAJ Act. You may say that its power ends where the powers of police, judiciary, ODPP or IECC begin. Section 30 (b) of the CAJ Act prohibits the CAJ from investigating, among others, criminal offences… and many matters of “manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct” which the Kenyan mwananchi has complained about to the ombudsman in fact ARE considered to be criminal offences by law.
facebook: Ombudsman Kenya
The Controller of Budget, presently Agnes Odhiambo, is in charge of overseeing the current financial operations of the state of Kenya including the counties. She is nominated by the President of Kenya for a term of eight years. Her tasks are established by Article 228 of the Constitution.
The COB’s office authorizes any withdrawal from public funds, but she is supposed to approve all monies before they are withdrawn for expenditure.
She is also obliged to submit 4 monthly reports to Parliament and County Assemblies.
The Office of the Auditor General (OAG) shall audit and report within six months after the financial year, accounts of public entities among others, accounts of the county governments and assemblies as well as all other funds and authorities under the county governments (complete list see Article 229 of the constitution). Continue reading “Auditor General”
The Office of the Director of Prosecution (ODPP) is an agency that “institutes and undertakes” criminal proceedings. In corruption cases the ODPP takes over and continues the criminal proceedings from the EACC – if the ODPP finds the case to be convincing. Otherwise it may dismiss the case. The EACC may resubmit the case or put it up for further investigation.
The Ethics and Anti-Corruption Commission (EACC), refers to itself as “the lead government agency in the fight against corruption and the promotion of ethical standards, good governance, leadership and integrity.”
The EACC investigates and has powers like the police. But it has no power to prosecute cases, as prosecutorial powers lie with the Office of the Director of Public Prosecution (ODPP ), to whom the EACC recommends action. Continue reading “EACC – Ethics and Anti Corruption Commission”