Commission gets ‘teeth’ to act on complaints

By PETER ORENGO

Civil servants who abuse public office stand the risk of being sued by the Ombudsman and action taken against them if found liable.

This was the warning by the Otiende Amollo-led Commission on Administration of Justice when it took charge of the new public complaints body – formerly Public Complaints Standing Committee (PCSC).

Created in 2007 by a legal notice to receive and address public complaints, PCSC had restricted functions and only submitted recommendations to the President by means of quarterly reports.

The new team, has however, been given teeth, allowing it to investigate, issue summons and even hold or dispose of property acquired illegally.

Its mandate, engrained in the new Constitution, not only involves checking mal-administration and integrity in public offices but also taking offenders to court.

Public officers with bank accounts outside the country have a reason to be worried. The commission’s duties include investigating and ensuring no State officer maintains a bank account outside Kenya, holds another gainful employment or holds office in any political party.

"The findings will also be made public so that everyone can know those who plunder State resources," Amollo said at a press conference.

Abuse of power

The commission’s duties will include investigating complaints of abuse of power, unfair treatment, injustices and oppressive or unresponsive conduct within the public sector.

And the military, which has over the years enjoyed special treatment, will for the first time be subjected to scrutiny.

The commission has three members – Amollo (chairman), Regina Mwathe (Vice-Chair) and Saadia Mohamed, who will work with different public institutions to promote dispute resolution relating to public administration.

While welcoming the team, Justice Minister Mutula Kilonzo urged Kenyans denied services in public offices to take their complaint to the commission.

"This is a human rights body that will ensure public officers treat Kenyans with respect. We want to make sure our public servants are efficient, responsive and impartial as required in the Constitution," said Mutula. He said if the office of the Ombudsman had been envisioned 40 years ago, graft would have been minimal.

"If we had known in the 1960s that we could have another avenue of solving these issues, the level of corruption would be low and the elections would not be bloody as has been the case," said minister.

Amollo said his team would consider all complaints and carry out investigation before making any pronouncements or taking a decision.

"As we swore in our oath, we intend to shoulder this burden without fear, favour, bias, affection, ill-will or prejudice," he said.

He added the commission has powers to employ the services of any public officer or investigative agency to carry out its duty. It can also summon and enforce any person for examination irrespective of their public or political stature.

Amollo also criticised the manner in which the Government handled demolitions and evictions in areas deemed to be owned by the Kenya Airport Authority.