The Commission on Administrative Justice (Office of the Ombudsman) executes its constitutional and statutory mandates under Article 59(4), Chapter 15 of the Constitution, and the Commission on Administrative Justice (CAJ) Act, 20011 through the following departments and units: –
The functions of the Office of the Commission Secretary/CEO entail: –
- Accounting and authorized officer of the Commission;
- Oversee the administration and management of human resource function in the Commission;
- Provision of leadership to senior management and staff;
- Ensure the preparation of the annual budgets and establish proper internal controls;
- Execution and communication of the Commission’s strategies, decisions and policies;
- Ensure that the Commission has an effective management structure including succession plans;
- Ensure that all Commission papers are accurately written, are relevant and are availed to the Commission members in good time;
- Serve as the link between the Commission and the Management;
- Establish effective administrative structures, processes and systems;
- Provide regular, thorough and prompt communication to the Commission on key technical, financial and administrative matters;
- Coordination of the Commission’s performance management; and
- Be responsible for stakeholder management and the enhancement of the corporate image of the Commission.
The Department is responsible for the management of complaints, investigations and provision of legal services. The functions of the Department entail:
- Developing, reviewing and implementing strategies and guidelines on complaints, investigations and legal;
- Coordinating handling of complaints, investigation and legal services;
- Coordinating the design and facilitation of mechanisms for formal hearings and inquiries by the Commission;
- Developing and reviewing guidelines on implementation of alternative dispute resolution mechanism;
- Coordinating investigation on any conduct in state affairs, or any act or omission in public administration by any State organ, State or public officer in National and County Governments that is alleged or suspected to be prejudicial or improper or is likely to result in any impropriety or prejudice;
- Coordinating investigation on complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct within the public sector;
- Advising on modes and mechanisms for mediation and reconciliation;
- Providing advice on all legal aspects of the Commission, Regulations and other legal statutes;
- Coordinating the Commission’s litigation matters with external advocates;
- Coordinating and enforcing matters of non-compliance with legal and regulatory framework of licenses and other parties with the relevant department;
- Coordinating the drafting of legal instruments based on policy proposals by the stakeholders; and
- Managing complaints data base.
The functions for the Public Education, Advocacy and Corporate Communications department entails the following: –
- Coordinating development, review and implementation of public education, advocacy, corporate communication and social media strategies and guidelines;
- Developing public education, advocacy and communication; and media platforms content for the general public and special groups such as media and non-state actors;
- Facilitating Commission’s official and public events;
- Promoting partnerships and leverage on platforms by partner organisations to create awareness and conduct public education;
- Undertaking research in public education, advocacy and corporate communication;
- Coordinating sensitization and training of Ministries, Departments and Agencies on complaints management and access to information;
- Overseeing the development and implementation of crisis communication plans and advising the Commission in crisis communication; and
- Managing the Commissions Resource Centre and disseminating information to the public.
The Department is responsible for facilitating the right of access to information. The specific functions entail the following: –
- Reviewing and determining applications on violation of the right of access to information;
- Initiating investigations on violations of the provisions of the ATI Act;
- Requesting, receiving and evaluating public entities reports on implementation of the ATI Act;
- Designing and facilitation of mechanisms for hearing and determination of ATI applications;
- Designing and developing programmes to facilitate proactive disclosure of information and data held by public entities and private bodies;
- Designing, developing and implementing programmes for public sensitization and awareness on access to information;
- Facilitating public sensitization and awareness on the right of access to information;
- Monitoring Kenya’s compliance with international treaty obligations relating to freedom of and the right of access to information;
- Providing support and guidance to public entities and private bodies on implementation of the ATI Act;
- Designing and developing programmes to ensure public entities’ records and information management systems are kept and maintained in a manner facilitating access to information;
- Advising on legal approach on handling access to information;
- Design and developing of programmes to ensure facilitation of protection of persons disclosing information in public interest; and
- Preparing various reports on the status of ATI Act implementation.
Functions of the department entails the following: –
- Monitoring, evaluation of reports on compliance by state or Public Officers with the Constitutional and Statutory requirements relating to leadership, integrity and ethics;
- Carrying out relevant research on cases, current trends of dispute resolution with comparable institutions and other appropriate matters;
- Monitoring and evaluating the status of the various complaints;
- Identifying systemic issues and recommending remedial measures and proactive action;
- Managing the process of carrying out relevant research on cases and others matters on administrative justice and access to information;
- Carrying out relevant research on cases, current trends of dispute resolution with comparable institutions;
- Undertaking research on systemic issues and recommending remedial measures and proactive actions;
- Reporting on compliance by State or Public Officers with the Constitutional and Statutory requirements relating to leadership, integrity and ethics;
- Developing and implementing best practices, policies, procedures and systems for research on matters of administrative justice and access to information;
- Coordinating and managing complaints records; and
- Monitoring and evaluation of status of the various complaints.
The Corporate Services Department is responsible for the efficient and effective management of human resource, administration, finance, and ICT functions. The department functions entail the following: –
- Coordinating the provision of efficient and effective corporate support services to the Commission;
- Coordinating the development, review and implementation of finance and accounts, human resource, administration and ICT policies, strategies, procedures, and guidelines for the Commission’s effective performance;
- Ensuring financial prudence and discipline for financial accounting, planning, budgeting and controls in compliance with the set Government guidelines and regulations;
- Fostering a culture that promotes team capability, reflects positive values which facilitate performance, professionalism and innovation;
- Maintaining the Commission’s asset registers;
- Coordinating the provision of effective administrative support services such as security, office accommodation, records management, transport among others;
- Ensuring effective implementation and compliance with legislative, statutory and regulatory requirements relating to Human Resource, Finance, Accounts, Administration and ICT services;
- Coordinating the Commission’s Information Communication Technology Management Systems; and
- Coordinating the mainstreaming, implementation and ensuring adherence to regulatory requirements in regard to gender and disability mainstreaming, diversity and other cross cutting obligations.
The functions of the unit entail: –
- interpretation and implementation of the Public Procurement and Asset Disposal Act and regulations and ensure professional standards and practices;
- Development, implementation, review and monitoring of the Commission’s standard operating procedures and ensure compliance;
- Coordination of the preparation and execution of the Commission’s Annual procurement plan;
- Design stores coding systems and stock recording methods;
- Preparation and review contracts for supply of goods and provision of services;
- Monitor contract management by user departments to ensure implementation of contracts in accordance with the terms and conditions of the contracts;
- Ensure timely disclosure of information on procurement opportunities and awarded contracts;
- Preparation of the Asset Disposal Plan;
- Management of the procurement and asset disposal process of the Commission;
- Maintenance of Asset register;
- Evaluation of the performance of vendors;
- Preparation of periodic reports for submission to the Public Procurement Oversight Authority;
- Co-ordination and management of tendering process; and (xiv) Ensure proper custody of stores for purpose of preventing wastage and loss in ensuring continuous utilization of supplies.
The functions of the unit will entail: –
- Promotion and adhere to CAJ’s core values and ensure compliance with organizations policies and procedures;
- Ensure all internal audit activities are carried out in accordance with set policies and procedures/methodology;
- Definition audit scope, objectives and approach for each audit engagement;
- Development and maintenance of a thorough understanding of CAJ’s policies and procedures. Perform audit procedures to test compliance with or suitability of policies;
- Perform and/or supervise audit engagements that encompass governance, risk management and internal control assessments to ensure set deadlines are met. Identify and effectively communicate opportunities for improvement;
- Development and maintenance of effective communication protocols with key clients and stakeholders specific for each audit engagement;
- Monitor the implementation by management of audit recommendations, including re-performing procedures to validate management’s remedial actions. Timely escalate unresolved issues where appropriate;
- Champion to the adherence to Public Finance Management Act, 2012 and other laws governing CAJ;
- Ensure compliance with professional standards and guidelines of the Institute of Internal Auditors;
- Development of accountability structures and monitor the performance indicators for the department;
- Monitor and support the implementation of the Fraud policy;
- Conduct ad hoc and investigative assignments where required in line with the stipulated methodology and timelines;
- Maintenance zero tolerance to bribery, fraud and corruption, and ensure immediate reporting of any corruption or suspect behaviour that threatens CAJ’s reputation;
- Preparation of a risk-based annual audit plan to be presented to the Senior Management for their endorsement and the Audit Committee for their review and approval;
- Preparation of quarterly reports to the Audit Committee and monthly briefings to the management;
- Carry out or supervise special audits, investigations or other related tasks as directed by the Audit Committee; and
- Provision of secretarial services to the Audit Committee and acting as a link between Audit Committee and Management.
The functions of the Unit entail:
- Provide advisory opinions and proposals on improvement of public administration;
- Process and co-ordinate hearing of the Appeals registered in the Chairperson’s Office;
- Establishment and Management of both local and international partnerships;
- Coordination of protocol and administrative arrangements for the Chairperson and Commissioners; and
- Preparation of speeches and presentations for the Chairperson.
- Office of the Commission Secretary/CEO
-
The functions of the Office of the Commission Secretary/CEO entail: –
- Accounting and authorized officer of the Commission;
- Oversee the administration and management of human resource function in the Commission;
- Provision of leadership to senior management and staff;
- Ensure the preparation of the annual budgets and establish proper internal controls;
- Execution and communication of the Commission’s strategies, decisions and policies;
- Ensure that the Commission has an effective management structure including succession plans;
- Ensure that all Commission papers are accurately written, are relevant and are availed to the Commission members in good time;
- Serve as the link between the Commission and the Management;
- Establish effective administrative structures, processes and systems;
- Provide regular, thorough and prompt communication to the Commission on key technical, financial and administrative matters;
- Coordination of the Commission’s performance management; and
- Be responsible for stakeholder management and the enhancement of the corporate image of the Commission.
- Complaints, Investigations and Legal Department
-
The Department is responsible for the management of complaints, investigations and provision of legal services. The functions of the Department entail:
- Developing, reviewing and implementing strategies and guidelines on complaints, investigations and legal;
- Coordinating handling of complaints, investigation and legal services;
- Coordinating the design and facilitation of mechanisms for formal hearings and inquiries by the Commission;
- Developing and reviewing guidelines on implementation of alternative dispute resolution mechanism;
- Coordinating investigation on any conduct in state affairs, or any act or omission in public administration by any State organ, State or public officer in National and County Governments that is alleged or suspected to be prejudicial or improper or is likely to result in any impropriety or prejudice;
- Coordinating investigation on complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct within the public sector;
- Advising on modes and mechanisms for mediation and reconciliation;
- Providing advice on all legal aspects of the Commission, Regulations and other legal statutes;
- Coordinating the Commission’s litigation matters with external advocates;
- Coordinating and enforcing matters of non-compliance with legal and regulatory framework of licenses and other parties with the relevant department;
- Coordinating the drafting of legal instruments based on policy proposals by the stakeholders; and
- Managing complaints data base.
- Public Education, Advocacy and Corporate Communications Department
-
The functions for the Public Education, Advocacy and Corporate Communications department entails the following: –
- Coordinating development, review and implementation of public education, advocacy, corporate communication and social media strategies and guidelines;
- Developing public education, advocacy and communication; and media platforms content for the general public and special groups such as media and non-state actors;
- Facilitating Commission’s official and public events;
- Promoting partnerships and leverage on platforms by partner organisations to create awareness and conduct public education;
- Undertaking research in public education, advocacy and corporate communication;
- Coordinating sensitization and training of Ministries, Departments and Agencies on complaints management and access to information;
- Overseeing the development and implementation of crisis communication plans and advising the Commission in crisis communication; and
- Managing the Commissions Resource Centre and disseminating information to the public.
- Access to Information (ATI) Department
-
The Department is responsible for facilitating the right of access to information. The specific functions entail the following: –
- Reviewing and determining applications on violation of the right of access to information;
- Initiating investigations on violations of the provisions of the ATI Act;
- Requesting, receiving and evaluating public entities reports on implementation of the ATI Act;
- Designing and facilitation of mechanisms for hearing and determination of ATI applications;
- Designing and developing programmes to facilitate proactive disclosure of information and data held by public entities and private bodies;
- Designing, developing and implementing programmes for public sensitization and awareness on access to information;
- Facilitating public sensitization and awareness on the right of access to information;
- Monitoring Kenya’s compliance with international treaty obligations relating to freedom of and the right of access to information;
- Providing support and guidance to public entities and private bodies on implementation of the ATI Act;
- Designing and developing programmes to ensure public entities’ records and information management systems are kept and maintained in a manner facilitating access to information;
- Advising on legal approach on handling access to information;
- Design and developing of programmes to ensure facilitation of protection of persons disclosing information in public interest; and
- Preparing various reports on the status of ATI Act implementation.
- Strategy, Research and Compliance Department
-
Functions of the department entails the following: –
- Monitoring, evaluation of reports on compliance by state or Public Officers with the Constitutional and Statutory requirements relating to leadership, integrity and ethics;
- Carrying out relevant research on cases, current trends of dispute resolution with comparable institutions and other appropriate matters;
- Monitoring and evaluating the status of the various complaints;
- Identifying systemic issues and recommending remedial measures and proactive action;
- Managing the process of carrying out relevant research on cases and others matters on administrative justice and access to information;
- Carrying out relevant research on cases, current trends of dispute resolution with comparable institutions;
- Undertaking research on systemic issues and recommending remedial measures and proactive actions;
- Reporting on compliance by State or Public Officers with the Constitutional and Statutory requirements relating to leadership, integrity and ethics;
- Developing and implementing best practices, policies, procedures and systems for research on matters of administrative justice and access to information;
- Coordinating and managing complaints records; and
- Monitoring and evaluation of status of the various complaints.
- Corporate Services Department
-
The Corporate Services Department is responsible for the efficient and effective management of human resource, administration, finance, and ICT functions. The department functions entail the following: –
- Coordinating the provision of efficient and effective corporate support services to the Commission;
- Coordinating the development, review and implementation of finance and accounts, human resource, administration and ICT policies, strategies, procedures, and guidelines for the Commission’s effective performance;
- Ensuring financial prudence and discipline for financial accounting, planning, budgeting and controls in compliance with the set Government guidelines and regulations;
- Fostering a culture that promotes team capability, reflects positive values which facilitate performance, professionalism and innovation;
- Maintaining the Commission’s asset registers;
- Coordinating the provision of effective administrative support services such as security, office accommodation, records management, transport among others;
- Ensuring effective implementation and compliance with legislative, statutory and regulatory requirements relating to Human Resource, Finance, Accounts, Administration and ICT services;
- Coordinating the Commission’s Information Communication Technology Management Systems; and
- Coordinating the mainstreaming, implementation and ensuring adherence to regulatory requirements in regard to gender and disability mainstreaming, diversity and other cross cutting obligations.
- Supply Chain Management Unit
-
The functions of the unit entail: –
- interpretation and implementation of the Public Procurement and Asset Disposal Act and regulations and ensure professional standards and practices;
- Development, implementation, review and monitoring of the Commission’s standard operating procedures and ensure compliance;
- Coordination of the preparation and execution of the Commission’s Annual procurement plan;
- Design stores coding systems and stock recording methods;
- Preparation and review contracts for supply of goods and provision of services;
- Monitor contract management by user departments to ensure implementation of contracts in accordance with the terms and conditions of the contracts;
- Ensure timely disclosure of information on procurement opportunities and awarded contracts;
- Preparation of the Asset Disposal Plan;
- Management of the procurement and asset disposal process of the Commission;
- Maintenance of Asset register;
- Evaluation of the performance of vendors;
- Preparation of periodic reports for submission to the Public Procurement Oversight Authority;
- Co-ordination and management of tendering process; and (xiv) Ensure proper custody of stores for purpose of preventing wastage and loss in ensuring continuous utilization of supplies.
- Internal Audit and Risk Management Unit
-
The functions of the unit will entail: –
- Promotion and adhere to CAJ’s core values and ensure compliance with organizations policies and procedures;
- Ensure all internal audit activities are carried out in accordance with set policies and procedures/methodology;
- Definition audit scope, objectives and approach for each audit engagement;
- Development and maintenance of a thorough understanding of CAJ’s policies and procedures. Perform audit procedures to test compliance with or suitability of policies;
- Perform and/or supervise audit engagements that encompass governance, risk management and internal control assessments to ensure set deadlines are met. Identify and effectively communicate opportunities for improvement;
- Development and maintenance of effective communication protocols with key clients and stakeholders specific for each audit engagement;
- Monitor the implementation by management of audit recommendations, including re-performing procedures to validate management’s remedial actions. Timely escalate unresolved issues where appropriate;
- Champion to the adherence to Public Finance Management Act, 2012 and other laws governing CAJ;
- Ensure compliance with professional standards and guidelines of the Institute of Internal Auditors;
- Development of accountability structures and monitor the performance indicators for the department;
- Monitor and support the implementation of the Fraud policy;
- Conduct ad hoc and investigative assignments where required in line with the stipulated methodology and timelines;
- Maintenance zero tolerance to bribery, fraud and corruption, and ensure immediate reporting of any corruption or suspect behaviour that threatens CAJ’s reputation;
- Preparation of a risk-based annual audit plan to be presented to the Senior Management for their endorsement and the Audit Committee for their review and approval;
- Preparation of quarterly reports to the Audit Committee and monthly briefings to the management;
- Carry out or supervise special audits, investigations or other related tasks as directed by the Audit Committee; and
- Provision of secretarial services to the Audit Committee and acting as a link between Audit Committee and Management.
- Advisory Unit
-
The functions of the Unit entail:
- Provide advisory opinions and proposals on improvement of public administration;
- Process and co-ordinate hearing of the Appeals registered in the Chairperson’s Office;
- Establishment and Management of both local and international partnerships;
- Coordination of protocol and administrative arrangements for the Chairperson and Commissioners; and
- Preparation of speeches and presentations for the Chairperson.