The Commission draws its mandate from the Constitution, the Commission on Administrative Justice Act and Regulations among others. The mandate of the Commission – summarised below -extends to both national and county governments
1. Maladministration
Maladministration is the proper province of any Ombudsman. In the Kenyan context, it includes service failure, delay, inaction, inefficiency, ineptitude, discourtesy and unresponsiveness.
2. Administrative Injustices
The Commission is mandated to inquire into allegations of administrative injustice, which includes an act, or decision carried out in the Public Service or a failure to act when necessary. The constitutional requirement of fair administrative action includes expeditious, efficient, procedurally fair action, and an entitlement to written reasons for such action. The Commission steps in to ensure compliance by public officers.
3. Misconduct and Integrity Issues
The Commission investigates improper conduct, abuse of power and misbehavior in the public service. Thus, the Commission has a complimentary mandate to ensure compliance with the integrity requirements in the law by public Officers.
4. Advisory Opinions and Recommendations
The Commission provides advisory opinions or proposals on improvement of public administration and makes recommendations on legal, policy or administrative measures to address the specific concerns. This may be published or confidential, and covers offices and processes in National and County governments.
5. Capacity Development in Government
The Commission develops capacity of National and County government officials in Ministries, Institutions and Departments on effective methods of handling complaints in- house. Additionally, the Commission assists county and national governments, and independent state institutions to set up complaints handling facilities.
6. Performance Contracting
Resolution of public complaints is an indicator in performance contracting. Public institutions submit quarterly reports detailing complaints received and action taken. The Commission rates institutions and issues certificates on compliance, which inform the overall national rating of the institution.
7. Alternative Dispute Resolution
The Commission works with different public institutions to promote alternative dispute resolution through alternative dispute resolution on matters affecting public administration.
8. Promotion of Special Rights
Apart from the complimentary duty to secure protection and promotion of human rights and freedoms in public administration, the Commission serves to promote compliance of minority and marginalised group rights in the context of public administration.
9. Promotion of Constitutionalism
The Commission serves to protect the sovereignty of the people of Kenya by ensuring all state organs observe the principles of democracy, constitutional values and respect the supremacy of the Constitution.
10. Access to Information (ATI)
The Access to Information Act 2016 gives effect to the right of access to information under Article 35 of the Constitution. The Act came into force on 21st September 2016 and it obligates public entities and certain private bodies to facilitate access to information held by them.
The Act confers oversight and enforcement functions on the Commission.
