What you need to know if you are in Public Service as State Officer or Public Officer in Kenya. This is relevant to most of Public Officer Worldwide.

1. Best Practices in Public office for
Kenya
Gabriel Lubale
Phone: 0726934441
Email: gabriellubale@gmail.com
url:www.gabriellubale.com
11th November 2015

2. 2
Importance of principles of public
life? Relationships
Citizens
Vs
Public Officers
Public Bodies (Institutions)
Vs
the Citizens / Public Officers

3. Importance of principles of public
life? Relationships … contd
3

4. Importance of principles of public
life? Relationships … contd
The function of the Office of Ombudsman is to
investigate complaints from members of the
public who believe that they have been unfairly
treated by certain public bodies and / or Public
Officer. And after due process of investigating
the complaint to issue an order for appropriate
redress by public bodies in instances where
member of public has been adversely affected
as a result of maladministration.
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5. Ombudsman’s office in Kenya
Mandate - The Commission on Administrative Justice (CAJ) was
established as a successor Commission to the Kenya National
Human Rights and Equality Commission in consonant with Article
59 (4) of the Constitution of Kenya and the former Public
Complaints Standing Committee through the Commission on
Administrative Justice Act 2011
VISION STATEMENT - To be an effective overseer of
responsiveness and servant-hood in public offices at national and
county levels.
MISSION STATEMENT - To enforce administrative justice and
promote constitutional values by addressing maladministration
through effective complaints handling and dispute resolution.
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6. Ombudsman’s - Complaints
Handling Process
Has
Five (5)
Levels
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Level V
Level IV
Level III
Level II
Level
I

7. Complaints Handling Process -
Level I
 Complainant fills in Complaint Form.
 Complaint is assessed for compliance with Mandate
 If within mandate, CAJ commences inquiries and complainant is
issued with copy of communication
 If NOT within CAJ mandate, Complainant is advised accordingly
and/or referred to appropriate agencies.
 If a response is not received from the respondent after 14 working
days, CAJ sends a first reminder giving the respondent 7 days to
comply.
 If no response is received after this, a final reminder of 7 days is
sent.
 If there is still no response after 28 days, summonses are issued to
the respondent
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8. Complaints Handling Process -
Level II
 Proceed to determine the complaint in the
absence of the Respondent.
 Institute legal proceedings against the
respondent.
 Cite the respondent as an unresponsive State
or Public Office or Officer, and/or declare such
State or Public Officer to be unfit to serve in the
Public Service.
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9. Complaints Handling Process -
Level III
In resolving a complaint, the Commission may:
 Conduct investigations.
 Demand and obtain information or documents.
 conduct an inquiry.
 Undertake mediation, negotiation and conciliation.
 Constitute a hearing panel.
 Invite or summon any person or persons to attend to the
Commission.
 Obtain warrants of arrest for breach of any summons or orders of
the Commission.
 Obtain orders from the Court authorizing Searches or Seizure.
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10. Complaints Handling Process -
Level IV
The Commission may:
 Make a formal determination that the Respondent is in breach of
the Constitution, the Commission on Administrative Justice Act
2011 or any other legislation.
 Declare the Respondent to be a person ineligible to hold a public
office.
 Enter the name of the Respondent in the Commission’s Citation
Register which shall be signed and sealed by the Chairperson and
shall include the nature of the complaint and the determination
made.
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11. Complaints Handling Process –
Level V
In resolving the Complaint, the Commission may:
 Recommend an appropriate remedy.
 Award appropriate compensation to the Complainant.
 Recommend the removal of the respondent from public
office.
 Issue a formal caution or warning to the Respondent.
 Publish the action taken in the Commission’s Statutory
Report
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12. Ombudsman’s – Sanctions
The Commission shall mete out sanctions against public institution
in the following:
1. Failure to respond to CAJ inquiries
2. Failure to honour summons or notice to show cause from CAJ
3. Failure to implement CAJ decisions, determinations and
recommendations
4. Victimization of staff who make a report to the institution or CAJ
5. Failure to submit the required reports as per prescribed
guidelines.
6. Submission of false/misleading quarterly returns
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13. Ombudsman’s – Penalties
 In any of the above instances, the Commission may
decide:-
 To deduct twenty five (25) percent of the total score for
issuance of Compliance Certificate.
 Not issue a Compliance certificate at the end of the
financial year.
 Invoke section 44 of CAJ Act, 2011 by reporting the
non-compliant agency/officer to the appointing authority
and/or Invoke penal sanctions under section 52 of the
CAJ Act 2011.
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14. The seven principles of public life
These principles apply to all
aspects of public life. We shall
explain for the benefit of all
who serve the public in any
way.
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15. The seven principles of public life ..
contd
1. SELFLESSNESS: Holders of public office should act
solely in terms of the public interest. They should not
do so in order to gain financial or other material
benefits for themselves, their family, or their friends.
2. INTEGRITY: Holders of public office should not place
themselves under any financial or other obligation to
outside individuals or organisations that might seek to
influence them in the performance of their official
duties.
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16. The seven principles of public life ..
contd
3. OBJECTIVITY: In carrying out public business,
including making public appointments, awarding
contracts, or recommending individuals for rewards
and benefits, holders of public office should make
choices on merit.
4. ACCOUNTABILITY: Holders of public office are
accountable for their decisions and actions to the
public and must submit themselves to whatever
scrutiny is appropriate to their office.
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17. The seven principles of public life ..
contd
5. OPENNESS: Holders of public office
should be as open as possible about all
the decisions and actions that they take.
They should give reasons for their
decisions and restrict information only
when the wider public interest clearly
demands.
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18. The seven principles of public life ..
contd
6. HONESTY: Holders of public office have a
duty to declare any private interests relating to
their public duties and to take steps to resolve
any conflicts arising in a way that protects the
public interest.
7. LEADERSHIP: Holders of public office should
promote and support these principles by
Servanthood - leadership and example.
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19. Guide to Standards of Best Practice for Public Servants
This checklist of rules of behaviour for
public servants is based on dealing with
complaints from members of the Public
Worldwide.
NB in delivering services to their clients
/citizens public servants should do so in a
properly, fairly, openly and impartial
manner.
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20. 1. Dealing "properly" with people means
dealing with them
 promptly, without undue delay and in accordance with
published time limits.
 correctly, in accordance with the law or other rules
governing their entitlements and published quality
standards.
 sensitively and by giving reasonable assistance, having
regard to their age, to their capacity to understand often
complex rules, to any disability they may have and to
their feelings, privacy and convenience.
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21. 1. Dealing "properly" with people means
dealing with them .. contd
 helpfully, by simplifying procedures, forms and information on
entitlements and services, maintaining proper records, and
providing clear and precise details on time limits or conditions
which might result in disqualification.
 carefully, where more than one public body is concerned, by
ensuring proper communications between the bodies to prevent a
person’s needs being overlooked.
 courteously, including communicating in Irish (both written and oral)
where it is clear a person wishes to do so.
 responsibly, by not adopting an adversarial approach as a matter of
course where there may be a fear of litigation and by being
prepared to explain why an adverse decision has been given.
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22. 2. Dealing "fairly" with people means
 treating people in similar circumstances in like manner.
 accepting that rules and regulations, while important in ensuring
fairness, should not be applied so rigidly or inflexibly as to create
inequity.
 avoiding penalties which are out of proportion to what is necessary
to ensure compliance with the rules.
 being prepared to review rules and procedures and change them if
necessary.
 giving adequate notice before changing rules in a way which
adversely affects a person's entitlements.
 having an internal review system so that adverse decisions can be
looked at again and reviewed by someone not involved in the first
decision.
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23. 2. Dealing "fairly" with people means ..
contd
 informing people of how they can appeal, co-operating fully in any
such appeal and being open to proposals for redress including
apologies, explanations and payment of appropriate compensation.
 making appropriate redress which puts the person back into the
position he/she would have been in if the public body had acted
properly in the first place.
 adopting a policy for dealing with the small number of people who
act in a vexatious manner or in bad faith, which strikes a balance
between the interests of the public body, its staff and the person
concerned.
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24. 3. Dealing "openly" with people means
 putting people in contact with the officials of the public
body with responsibility for dealing with them and, if
appropriate, referring them to alternative sources of
assistance.
 making available and keeping up to date,
comprehensive information on the rules and practices
which govern public schemes and programmes.
 giving people full information on the reasons for a
decision which adversely affects them including details
of any findings of fact made in the course of the
decision.
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25. 3. Dealing "openly" with people means ..
contd
 ensuring people know what information is available,
where to get it and know of their right to access it in
accordance with Bill of Rights and otherwise.
 assisting people, where necessary, to prepare their
requests for access to information.
 providing accessible public offices and using
information and communications technologies to ensure
maximum access and choice in service delivery.
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26. 4. dealing "impartially" with people means
 making decisions based on what is relevant in the rules and law
and ignoring what is irrelevant.
 avoiding bias because of a person’s gender, marital status, family
status, sexual orientation, religious belief, age, disability, race,
membership of the Travelling Community, language, attitude or
reputation or because of who they are or who they know.
 ensuring, where a service is based on a scheme of priorities, that
the scheme is open and transparent.
 being careful that one's prejudices are not factors in a decision.
 declining any involvement with a decision where one has a conflict
of interests, a potential conflict of interests, or where there may be
a perceived conflict of interests.
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THANK YOU
QUESTIONS, COMMENTS
“Our wealth is… the good we do in this world”
Prophet Mohammed