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.
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.
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.
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.
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/ … Continue reading “Assets Recovery Agency”
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 … Continue reading “CAJ – Commission on Administrative Justice / Ombudsman”
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 … Continue reading “COB – Controller of Budget”
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).
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 … Continue reading “ODPP – Office of the Director of Public Prosecutions”
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 … Continue reading “EACC – Ethics and Anti Corruption Commission”