The Commission on Administrative Justice Act, 2011

THE COMMISSION ON ADMINISTRATIVE JUSTICE ACT, 2011

ARRANGEMENT OF SECTIONS
Section
PART IPRELIMINARY
1Short title.
2Interpretation.
PART II ESTABLISHMENT AND STATUS OF COMMISSION
3Establishment of the Commission.
4Status of successor Commission.
5Powers of Commission as a body corporate.
6Headquarters.
7Guiding principles of Commission.
8Functions of the Commission.
9Membership of Commission.
10Qualifications for appointment of chairperson and members.
11Procedure for appointment of chairperson and members.
12Oath of office.
13Powers of the chairperson.
14Tenure of office.
15Vacancy of office of chairperson and members.
16Removal from office.
17Filling of vacancy.
18Committees of the Commission.
19Procedures of the Commission.
20Terms and conditions of service.
21Appointment of secretary.
22Removal of secretary.
23Appointment of staff.

The Commission on Administrative Justice Act, 2011

24The common seal of the Commission.
25Protection from personal liability.
26General powers of Commission.
27Powers of a court.
PART III INVESTIGATIONS BY THE COMMISSION
28Powers relating to investigation.
29Jurisdiction in investigations.
30Limitation of jurisdiction.
31Power not limited by other provisions.
32Complaint.
33Form of complaint.
34Discretion not to investigate.
35Notice if complaint not investigated.
36Representations if adverse findings.
37Notice of investigation to organization.
38Hearings to Commission.
39Persons likely to be prejudiced or affected to be heard.
40Statements made.
41Action after inquiry.
PART IV REPORT AND RECOMMENDATIONS
42Report of organization.
43Report to the complainant.
44Report of misconduct, to appropriate authority.
PART V FINANCIAL PROVISIONS
45Funds of the Commission.
46Financial year.

The Commission on Administrative Justice Act, 2011

47Annual estimates.
48Accounts and audit.
49Bank accounts.
PART VI MISCELLANEOUS PROVISIONS
50Management of information.
51Correspondence from persons in custody, etc.
52Offences.
53Report of the Commission.
54Report to Parliament on the implementation of report.
55Review of mandate.
56Regulations.
PART VII SAVINGS AND TRANSITIONAL PROVISIONS
57Transfer of complaints to the Commission
58Contracts.
59Savings.
FIRST SCHEDULE

SECOND SCHEDULE

OATH/AFFIRMATION OF CHAIRPERSON/A
MEMBER/SECRETARY
MEETINGS AND PROCEDURE OF THE
COMMISSION

The Commission on Administrative Justice Act, 2011

THE COMMISSION ON ADMINISTRATIVE JUSTICE

ACT, 2011
AN ACT of Parliament to restructure the Kenya National
Human Rights and Equality Commission and to
establish the Commission on Administrative Justice
pursuant to Article 59(4) of the Constitution; to
provide for the membership, powers and functions
of the Commission on Administrative Justice, and
for connected purposes.
ENACTED by the Parliament of Kenya, as follows
PART I - PRELIMINARY
Short title.

Interpretation.

1. This Act may be cited as the Commission on

Administrative Justice Act, 2011.
2.(1) In this Act, unless the context otherwise requiresadministrative action means any action relating to
matters of administration and includes
(a) a decision made or an act carried out in the
public service;
(b) a failure to act in discharge of a public duty
required of an officer in public service ;
(c) the making of a recommendation to a Cabinet
Secretary; or
(d) an action taken pursuant to a recommendation
made to a Cabinet Secretary;

The Commission on Administrative Justice Act, 2011

Cabinet Secretary means the Cabinet Secretary for the
time being responsible for matters relating to public service;
chairperson means the chairperson appointed in
accordance with section 11;
Commission means the Commission on Administrative
Justice established under section 3;
Public Complaints Standing Committee means the
public Complaints Standing Committee established by
Gazette Notice No.5826 of 29th June 2007;
public office has the meaning
Article 260 of the Constitution;

assigned to it under

public officer has the meaning assigned to it under

Article 260 of the Constitution;
secretary means the secretary to the Commission
appointed by the Commission under Article 250(12) of the
Constitution in accordance with the procedure set out in
section 22;
(2) Despite subsection (1), until after the first elections
under the Constitution, references in this Act to the
expression Cabinet Secretary shall be construed to mean
Minister.
PART II ESTABLISHMENT AND STATUS OF
COMMISSION
Establishment of
the Commission.

3. (1) There is established a Commission to be known as

the Commission on Administrative Justice.
(2) The Commission shall be the successor to the Public
Complaints Standing Committee existing immediately before

The Commission on Administrative Justice Act, 2011

the coming into force of this Act.
Status of
successor
Commission.

4. For the avoidance of doubt, the Commission shall be a

Commission within the meaning of Chapter Fifteen of the
Constitution and shall have the status and powers of a
Commission under that Chapter.

Powers of
Commission as a
body corporate.

5. In addition to the powers of a Commission under

Article 253 of the Constitution, the Commission shall have
power to(a) acquire, hold, charge and dispose of movable and
immovable property; and
(b) do or perform all such other things or acts for the
proper discharge of its functions under the
Constitution and this Act as may lawfully be done
or performed by a body corporate.

Headquarters.

6. The headquarters of the Commission shall be in the

capital city, but the Commission may establish branches at
any place in Kenya.

Guiding principles
of Commission.

7. In fulfilling its mandate, the Commission shall act in

accordance with the values and principles set out in the
Constitution and the laws of Kenya, and shall observe and
respect(a) the diversity of the people of Kenya;
(b) impartiality and gender equity;
(c) all treaties and conventions which have been
ratified by Kenya and in particular the fact that
human rights are indivisible, interdependent,
interrelated and of equal importance for the
dignity of all human beings; and

The Commission on Administrative Justice Act, 2011

(d) the rules of natural justice.

Functions of the
Commission.

8. The functions of the Commission shall be to

(a) investigate 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;
(b) investigate complaints of abuse of power, unfair
treatment, manifest injustice or unlawful,
oppressive, unfair or unresponsive official conduct
within the public sector;
(c) report to the National Assembly bi-annually on the
complaints investigated under paragraphs (a) and
(b), and the remedial action taken thereon;
(d) inquire into allegations of maladministration,
delay, administrative injustice, discourtesy,
incompetence, misbehavior, inefficiency or
ineptitude within the public service;
(e) facilitate the setting up of, and build complaint
handling capacity in, the sectors of public service,
public offices and state organs;
(f) work with different public institutions to promote
alternative dispute resolution methods in the
resolution of complaints relating to public
administration;
(g) recommend compensation or other appropriate
remedies against persons or bodies to which this
Act applies;
(h) provide advisory opinions or proposals on
improvement of public administration, including

The Commission on Administrative Justice Act, 2011

review of legislation, codes of conduct, processes
and procedures;
(i)

publish periodic reports on

administrative justice in Kenya;

the

status

of

(j)

promote public awareness of policies and

administrative procedures on matters relating to
administrative justice;

(k) take appropriate steps in conjunction with other

State organs and Commissions responsible for the
protection and promotion of human rights to
facilitate promotion and protection of the
fundamental rights and freedoms of the individual
in public administration;
(l) work with the Kenya National Commission on
Human Rights to ensure efficiency, effectiveness
and complementarity in their activities and to
establish mechanisms for referrals and
collaboration; and
(l) perform such other functions as may be prescribed
by the Constitution and any other written law.
Membership of
Commission.

9. The Commission shall consist of a chairperson and

two other members appointed in accordance with the
Constitution and the provisions of this Act.

Qualifications for
appointment of
chairperson and
members.

10.(1) A person shall be qualified for appointment as the

chairperson of the Commission if the person(a) has knowledge and at least fifteen years experience
in matters relating to human rights, law, conflict
resolution, arbitration or administrative justice;
(b) holds a degree from a university recognized in

The Commission on Administrative Justice Act, 2011

Kenya; and
(c) meets the requirements of Chapter Six of the
Constitution.
(2) A person shall be qualified for appointment as a
member of the Commission if the person(a) holds a degree from a university recognized in Kenya;
(b) has knowledge and at least ten years experience in
matters relating to any of the following fields(i)

law;

(ii) public administration;

(iii) economics or finance;
(iv) gender and social development;
(v) human rights;
(vi) conflict resolution;
(vii) management; or
(viii) social sciences;
(c)

has had a distinguished career in their respective

fields; and

(d) meets the requirements of Chapter Six of the

Constitution.
(3) A person shall not be qualified for appointment as the
chairperson or a member of the Commission if such person

The Commission on Administrative Justice Act, 2011

(a)

is a member of Parliament or a County Assembly;

(b) is a member of the governing body of a political

party;
(c) is a member of a local authority;
(d) is an undischarged bankrupt; or
(e) has been removed from office for contravening the
provisions of the Constitution or any other law.
Procedure for
appointment of
chairperson and
members.

11.(1) The President shall, within fourteen days of the

commencement of this Act convene a selection panel for the
purpose of selecting suitable candidates for appointment as
the chairperson or member of the Commission.
(2) The selection panel convened under subsection (1)
shall consist of one person from each of the following bodies
representatively
(a) Office of the President;
(b) Office of the Prime Minister;
(c) Ministry responsible for matters relating to justice;
(d) Public Service Commission;
(e) the Association of Professional Societies in East
Africa; and
(f) the National Council for Persons with Disabilities.
(3) The selection panel shall, subject to this section,
determine its own procedure and the Ministry responsible for

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Public Service shall provide it with such facilities and other
support as it may require for the discharge of its functions.
(4) The selection panel shall, within seven days of its
convening, invite applications from qualified persons and
publish the names and qualifications of all applicants in the
Gazette and two daily newspapers of national circulation.
(5) The selection panel shall, within seven days of receipt
of applications under subsection (4), consider the applications,
interview and shortlist at least three persons qualified for
appointment as chairperson and five persons qualified for
appointment as members of the Commission, and shall
forward the names of the selected candidates to the President
for nomination.
(6) Until after the first general election after the
commencement of this Act, the President in consultation with
the Prime Minister shall, within seven days of receipt of the
names forwarded under subsection (5), nominate one person
for appointment as chairperson and two persons for
appointment as members of the Commission, and shall
forward the names of the persons nominated to the National
Assembly.
(7) The National Assembly shall, within twenty-one days
of the day it next sits after receipt of the names of the
nominees under subsection (6), consider all the nominations
received and approve or reject any nomination.
(8) Where the National Assembly approves the
nominees, the Speaker shall, forward the names of the
approved persons to the President for appointment.
(9) The President shall, within seven days of the receipt
of the approved nominees from the National Assembly, by
notice in the Gazette, appoint the chairperson and members

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approved by the National Assembly.
(10) Where the National Assembly rejects any
nomination, the Speaker shall, within three days,
communicate the decision of the National Assembly to the
President to submit fresh nominations.
(11) Where a nominee is rejected by Parliament under
subsection (10), the President in consultation with the Prime
Minister shall, within seven days, submit to the National
Assembly a fresh nomination from amongst the persons
shortlisted and forwarded by the selection panel under
subsection (5).
(12) If Parliament rejects all or any subsequent nominee
submitted by the President for approval under subsection (11),
the provisions of subsections (5) and (6) shall apply.
(13) In short listing, nominating or appointing persons as
chairperson and members of the Commission, the selection
panel the National Assembly and the President shall ensure
that not more than two-thirds of the members are of the same
gender, shall observe the principle of gender equity, regional
and ethnic balance and shall have due regard to the principle
of equal opportunities for persons with disabilities.
(14) After the first elections after the commencement of
this Act, the member of the selection panel specified under
subsection (2) (b) shall be replaced by a representative of the
Public Service Commission.
(15) Despite the foregoing provisions of this section, the
President, in consultation with the Prime Minister may, by
notice in the Gazette, extend the period specified in respect of
any matter under this section by a period not exceeding
twenty-one days.

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Oath of office.

12. The chairperson, members and the secretary shall

each make and subscribe, before the Chief Justice, the oath or
affirmation set out in the First Schedule.

Powers of the
chairperson.

13. (1) The chairperson shall, within seven days of the

appointment of the members, convene the first meeting of the
Commission at which the members shall elect the vicechairperson of the Commission from amongst the members.
(2) The chairperson shall
(a) preside over all meetings of the Commission;
(b) be the spokesperson for the Commission; and
(c) supervise and direct the work of the Commission.
(3) If the office of chairperson become vacant or if the
chairperson is unable to exercise the powers or perform the
functions of his office owing to absence, illness or any other
cause, the vice-chairperson shall exercise those powers or
perform those functions.

Tenure of office.

14.(1) The chairperson and members of the Commission

shall be appointed for a single term of six years and are not
eligible for re-appointment.
(2) The chairperson and members of the Commission
shall serve on a full-time basis.

Vacancy of office
of chairperson
and members.

15.(1) The office of the chairperson or a member of the

Commission shall become vacant if the holder
(a) dies;
(b) by notice in writing addressed to the President

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resigns from office;
(c) is removed from office under any of the
circumstances specified in Article 251 and Chapter
Six of the Constitution.
(2) The President shall notify every resignation, vacancy
or termination in the Gazette within seven days.
Removal from
office.
Filling of
vacancy.

16. The chairperson or member of the Commission may

be removed from office in accordance with Article 251 of the
Constitution.
17. (1) Where a vacancy occurs in the membership of the
Commission under section 15 or 16, the appointment
procedure provided for under this Act shall apply.
(2) A member appointed under subsection (1) to fill a
vacancy shall serve for a term of six years but shall not be
eligible for reappointment.

Committees of
the Commission.

18.(1) The Commission may, from time to time establish,

committees for the better carrying out of its functions.
(2) The Commission may(a) co-opt into the membership of a committee
established under subsection (1), other persons whose
knowledge and skills are necessary for the functions
of the Commission;
(b) hire such experts or consultants as are necessary for
the functions of the Commission.

Procedures of the
Commission.

19. (1) The business and affairs of the Commission shall

be conducted in accordance with the Second Schedule.
(2) Except as provided in the Second Schedule, the

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Commission may regulate its own procedure.
20. The salaries and allowances payable to, and other
terms and conditions of service of the chairperson and
members of the Commission shall be determined by the
Salaries and Remuneration Commission.

Terms and
conditions of
service.

Appointment
secretary.

of

21.(1) The appointment of the secretary to the

Commission under Article 250 (12) of the Constitution shall
be through a competitive recruitment process.
(2) A person shall be qualified for appointment as a
secretary to the Commission if the person
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in
Kenya;
(c) has had at least ten years proven experience at
management level; and
(d) meets the requirements of Chapter Six of the
Constitution.
(3) The secretary shall be the chief executive officer of
the Commission and head of the secretariat and shall be
responsible to the Commission.
(4) The secretary shall hold office for a term of five years
and shall be eligible for re-appointment for a further term of
five years.

Removal of
secretary.

22.(1) The secretary may be removed from office by the

Commission in accordance with the terms and conditions of
service for

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(a) inability to perform the functions of the office of
secretary arising out of physical or mental incapacity;
(b) gross misconduct or misbehavior;
(c) incompetence or neglect of duty;
(d) violation of the Constitution; or
(e) any other ground that would justify removal from
office under the terms and conditions of service.
(2) Before the secretary is removed under subsection (1),
the secretary shall be given(a) sufficient notice of the allegations made against him
or her; and
(b) an opportunity to present his or her defence against
the allegations.
Appointment of
staff.

23. (1) The Commission may appoint such staff as may

be necessary for the proper discharge of its functions under
this Act, and upon such terms and conditions of service as the
Commission may determine.
(2) The staff appointed under subsection (1) shall serve
on such terms and conditions as the Commission, in
consultation with the Salaries and Remuneration Commission,
may determine.
(3) The Government may, upon request by the
Commission, second to the Commission such number of
public officers as may be necessary for the proper
performance of the functions of the Commission.
(4) A public officer seconded to the Commission shall,

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during the period of secondment, be deemed to be an officer
of the Commission and shall be subject only to the direction
and control of the Commission.
The common
seal of the
Commission.

24. (1) The Common seal of the Commission shall be

kept in such custody as the Commission shall direct and shall
not be used except on the order of the Commission.
(2) The common seal of the Commission when affixed to
a document and duly authenticated shall be judicially and
officially noticed and, unless the contrary is proved, any
necessary order or authorization of the Commission under this
section shall be presumed to have been duly given.

Protection from
personal liability.

25. No matter or thing done by a member of the

Commission or any officer, employee or agent of the
Commission shall, if the matter or thing is done in good faith
while executing the functions, powers or duties of the
Commission, render the member, officer, employee or agent
personally liable for any action, claim or demand whatsoever.

General powers
of Commission.

26. In addition to the powers conferred in Article 252 of

the Constitution, the Commission shall have power to (a) issue summons as it deems necessary for the
fulfillment of its mandate;
(b) require that statements be given under oath or
affirmation and to administer such oath or
affirmation;
(c) adjudicate on matters relating to administrative
justice;
(d) obtain, by any lawful means, any information it
considers relevant, including requisition of reports,
records, documents and any information from any

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person, including governmental authorities, and to
compel the production of such information for the
proper discharge of its functions;
(e) by order of the court, enter upon any establishment
or premises, and to enter upon any land or
premises for any purpose material to the
fulfillment of the mandate of the Commission and
in particular, for the purpose of obtaining
information , inspecting any property or taking
copies of any documents, and for safeguarding any
such property or document;
(f) interview any person or group of persons;
(g) subject to adequate provision being made to meet
his expenses for the purpose, call upon any person
to meet with the Commission or its staff, or to
attend a session or hearing of the Commission, and
to compel the attendance of any person who fails
to respond to a request of the Commission to
appear and to answer questions relevant to the
subject matter of the session or hearing.
Powers of a court.

27. In the performance of its functions under this Act , the

Commission shall have the powers of a court to (a)

issue summonses or other orders requiring the

attendance of any person before the Commission
and the production of any document or record
relevant to any investigation by the Commission;

(b)

question any person in respect of any subject

matter
under
investigation
before
the
Commission; and

(c)

require any person to disclose any information

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within the person's knowledge relevant to any
investigation by the Commission.

Powers relating to
investigations.

PART III INVESTIGATIONS BY THE

COMMISSION
28.(1) The Commission may, for the purpose of
conducting any investigation pertaining to an inquiry, employ
the services of any public officer or investigation agency of
the Government at the expense of the Commission.
(2) For the purpose of investigating any matter pertaining
to an inquiry, a public officer or agency whose services are
employed under subsection (1) may, subject to the direction
and control of the Commission(a) summon and enforce the attendance of any person
for examination;
(b) require the discovery and production of any
document; and
(c) subject to the Constitution and any written law
requisition any public records or copy thereof from
any public officer.
(3) The provisions of section 40 shall apply in relation to
any statement made by a person before any public officer or
agency whose services are employed under subsection (1) as
they apply in relation to any statement made by a person in
the course of giving evidence before the Commission.
(4) The public officer or agency whose services are
employed under subsection (1) shall investigate any matter
pertaining to the inquiry and submit a report thereon to the
Commission in that behalf.
(5) The Commission shall satisfy itself on the correctness

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of the facts stated and the conclusion, if any, arrived at in the
report submitted to it under subsection (4) and for that
purpose, the Commission may make such inquiry (including
the examination of any person or persons who conducts or
assists in the investigation) as it deems fit.
Jurisdiction in
investigations.

29.(1) The Commission shall investigate any complaint,

or on its own initiative, investigate any matter arising from the
carrying out of an administrative action of(a) a public office;

Cap.446

(b) a state corporation within the meaning of

the State Corporations Act; or
(c) any other body or agency of the State.
(2) The Commission shall endeavor to resolve any matter
brought before it by conciliation, mediation or negotiation.
(3) If the matter referred to under subsection (2) cannot
be resolved by conciliation, mediation or negotiation and the
Commission determines that the administrative action was
carried out unjustly or unreasonably, the Commission shall
make such recommendations as it deems fit.

Limitation of
jurisdiction.

30. The Commission shall not investigate

(a) proceedings or a decision of the Cabinet or a
committee of the Cabinet;
(b) a criminal offence;
(c) a matter pending before any court or judicial
tribunal;
(d) the commencement or conduct of criminal or civil

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proceedings before a court or other body carrying
out judicial functions;
(e) the grant of Honours or Awards by the President;
(f) a matter relating to the relations between the State
and any foreign State or international organization
recognized as such under international law;
(g) anything in respect of which there is a right of
appeal or other legal remedy unless, in the opinion
of the Commission, it is not reasonable to expect
that right of appeal or other legal remedy to be
resorted to; or
(h) any matter for the time being under investigation
by any other person or Commission established
under the Constitution or any other written law.
Power not
limited by other
provisions.

31. The Commission may investigate an administrative

action despite a provision in any written law to the effect that
the action is final or cannot be appealed, challenged,
reviewed, questioned or called in question.

Complaints.

32. (1) A complaint to the Commission may only be

made by the person aggrieved by the matter complained of or
on his behalf as specified under subsection (2).
(2) A complaint may be made on behalf of an aggrieved
person
(a) if the aggrieved person is dead or otherwise not
able to act for himself or herself, by a member of
his or her family or other person suitable to
represent the aggrieved person; or
(b) by a member of the National Assembly with the

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consent of the aggrieved person or other person
who, under paragraph (a), is entitled to make the
complaint on behalf of the aggrieved person.
Form of
complaint.

33. (1) A person wishing to lodge a complaint under this

Act may do so orally or in writing addressed to the secretary
or such other person as may be duly authorised by the
Commission for that purpose.
(2) Where a complaint under subsection (1) is made
orally, the Commission shall cause the complaint to be
recorded in writing.
(3) A complaint under subsection (1) shall be in such
form and contain such particulars as the Commission may
prescribe.
(4) Upon receipt of a complaint under subsection (1), the
Commission may
(a) call for information or a report regarding such
complaint from any person within such reasonable
time as may be specified by the Commission; and
(b) without prejudice to paragraph (a), initiate such
inquiry as it considers necessary, having regard to the
nature of the complaint.
(5) If the information or report called for under
subsection 4(a) is not received within the time stipulated by
the Commission, the Commission may proceed to inquire into
the complaint without such information or report.
(6) If on receipt of the information or report the
Commission is satisfied either that no further action is
required or that the required action has been initiated by a

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State organ or other body responsible for the matters
complained of, the Commission shall, in writing, inform the
complainant accordingly and take no further action.
Discretion not to
investigate.

34. The Commission may decline to investigate a

complaint if the Commission considers that
(a) there are in existence adequate remedies under any
written law or administrative practice ; or
(b) the complaint is trivial, frivolous, vexatious or is
not made in good faith.

Notice if
complaint not
investigated.

35. If the Commission decides not to investigate a

complaint or to discontinue the investigation of a complaint,
the Commission shall inform the complainant in writing of
that decision and the reasons for the decision as soon as
reasonably practicable.

Representations if
adverse findings,
etc.

36. The Commission shall give any person, State organ,

public office or organization against whom an adverse finding
or recommendation is made, an opportunity to make
representations concerning the finding or recommendation
before the Commission includes the finding in its report.

Notice of
investigation to
organization.

37. Before commencing an investigation under this Act,

the Commission shall give notice of the intended investigation
to the administrative head of the State organ, public office or
organization to which the investigation relates.

Hearings of
Commission.

38. The hearings of the Commission during an inquiry

shall be open to the public, except where the Commission
otherwise decides.

Persons likely to
be prejudiced or
affected to be

39.(1) Subject to subsection (2),if at any stage of an

inquiry the Commission

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heard.

(a) considers it necessary to inquire into the conduct of

any person; or
(b) is of the opinion that the reputation of any person is
likely to be prejudiced by the inquiry, it shall give
that person an opportunity to appear before the
Commission by himself or by an advocate to give
evidence in his own defence.
(2) This section shall not apply where the credibility of a
witness is being impeached.
Statements made
by persons to the
Commission.

40. No statement made by a person in the course of

giving evidence before the Commission shall subject such
person to any civil or criminal proceedings except for giving
false evidence by such statement.

Action after
inquiry.

41. The Commission may, upon inquiry into a complaint

under this Act take any of the following steps
(a) where the inquiry discloses a criminal offence, refer
the matter to the Director of Public Prosecutions or
any other relevant authority or undertake such other
action as the Commission may deem fit against the
concerned person or persons;
(b) recommend to the complainant a course of other
judicial redress which does not warrant an application
under Article 22 of the Constitution;
(c) recommend to the complainant and to the relevant
governmental agency or other body concerned in the
alleged violation, other appropriate methods of
settling the complaint or to obtain relief;
(d) provide a copy of the inquiry report to all interested

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parties; and
(e) submit summonses as it deems necessary in
fulfillment of its mandate.
PART IV REPORT AND RECOMMENDATIONS
Report to
organization.

42. (1) After concluding an investigation or an inquiry

under this Act, the Commission shall make a report to the
State organ, public office or organization to which the
investigation relates.
(2) The report shall include(a) the findings of the investigation and
recommendations made by the Commission;

any

(b) the action the Commission considers should be taken

and the reasons for the action; and
(c) any recommendation the Commission considers
appropriate.
(3) The Commission may require the State organ, public
office or organization that was the subject of the investigation
to submit a report to the Commission within a specified
period on the steps, if any, taken to implement the
recommendations of the Commission.
(4) If there is failure or refusal to implement the
recommendations of the Commission within the specified
time, the Commission may prepare and submit to the National
Assembly a report detailing the failure or refusal to
implement its recommendations and the National Assembly
shall take appropriate action.

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Report to the
complainant.

43. The Commission shall inform the complainant on the

results of the investigation in writing.

Report of
misconduct to
appropriate
authority.

44. If, after an investigation, the Commission is of the

opinion that there is evidence that a person, an officer or
employee of the State organ, public office or organization
which was investigated under this Act is
guilty of
misconduct, the Commission shall report the matter to the
appropriate authority.
PART V FINANCIAL PROVISIONS.

Funds of the
Commission.

45. The funds of the Commission shall consist of

(a) monies allocated by Parliament for the purposes of
the Commission;
(b) such monies or assets as may accrue to the
Commission in the course of the exercise of its
powers or in the performance of its functions under
this Act; and
(c) all monies from any other source provided, donated
or lent to the Commission.

Financial year.

46. The financial year of the Commission shall be the

period of twelve months ending on the thirtieth of June in
each year.

Annual estimates.

47. (1) Before the commencement of each financial year,

the Commission shall cause to be prepared estimates of the
revenue and expenditure of the Commission for that year.
(2) The annual estimates shall make provision for all the
estimated expenditure of the Commission for the financial

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year concerned and, in particular, shall provide for the
(a) payment of the salaries, allowances and other charges
in respect of the staff of the Commission;
(b) payment of pensions, gratuities and other charges and
in respect of benefits which are payable out of the
funds of the Commission;
(c) maintenance of the buildings and grounds of the
Commission;
(d) funding of training, research and development of
activities of the Commission;
(e) creation of such funds to meet future or contingent
liabilities in respect of benefits, insurance or
replacement of buildings or installations, equipment
and in respect of such other matters as the
Commission may think fit.
(3) The annual estimates shall be approved by the
Commission before the commencement of the financial year
to which they relate and shall be submitted to the Cabinet
Secretary for tabling in the National Assembly.
(4) No expenditure shall be incurred for the purposes of
the Commission except in accordance with the annual
estimates approved under subsection (3).
Accounts and
audit.

48. (1) The Commission shall cause to be kept all proper

books and records of account of the income, expenditure,
assets and liabilities of the Commission.
(2) Within a period of three months after the end of each
financial year, the Commission shall submit to the AuditorGeneral the accounts of the Commission in respect of that

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year together with a
(a) statement of the income and expenditure of the
Commission during that year; and
(b) statement of the assets and liabilities of the
Commission on the last day of that financial year.

No.12 of 2003

Bank accounts.

(3) The annual accounts of the Commission shall be

prepared, audited and reported upon in accordance with the
provisions of Articles 226 and 229 of the Constitution and the
Public Audit Act.
49. The Commission shall open and maintain such bank
accounts as shall be necessary for the performance of its
functions.
PART VI MISCELLANEOUS PROVISIONS

Management of
information.

50. (1) The Commission and the staff of the Commission

shall maintain confidence in respect of all matters that come
to their knowledge in the exercise of their duties.
(2) Subject to the provisions of Article 35 of the
Constitution, the Commission and the staff of the Commission
shall not be called to give evidence in respect of any matter
that comes to their knowledge in the exercise of their duties.
(3) Notwithstanding subsection (1), the Commission may
disclose in any report made by the Commission under this
Act, any matter that in the opinion of the Commission may be
disclosed in order to establish grounds for the Commissions
findings and recommendations of the Commission.

Correspondence
from persons in

51. Every person in charge of a prison, remand or mental

institution where a person is held in custody, or of any

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custody, etc

Offences.

institution where a person is a patient or inmate shall ensure,

notwithstanding the provisions of any other written law, that
any correspondence from such person to the Commission is
transmitted in confidence and any written communication in
that regard shall remain sealed.
52. A person who (a) without justification or lawful excuse, obstructs,
hinders or threatens the Commission or a member of
staff acting under this Act;
(b) submits false or misleading information;
(c) fails to honour summons; or
(d) misrepresents to or knowingly misleads the
Commission or a member of staff of the Commission
acting under this Act,
commits an offence and is liable on conviction to a fine not
exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding two years or to both.

Report of the
Commission.

53. (1) The report of the Commission under Article 254

of the Constitution shall, in respect of the financial year to
which it relates, contain(a) the financial statements of the Commission;
(b) a description of the activities the Commission;
(c) recommendations on specific actions to be taken
in furtherance of the findings of the Commission;
(d) recommendations on legal and administrative
measures to address specific concerns identified

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by the Commission; and
(e) any other information relating to its functions that
the Commission considers relevant.
(2) The Commission shall publish the report in the
Gazette and in at least one newspaper with national
circulation.
(3) The President, the National Assembly or the Senate
may at any time require the Commission to submit a report on
a particular issue.
Report to
Parliament on the
implementation
of report.

54.(1) The Cabinet Secretary shall, prepare an annual

report and submit the report to Parliament in accordance with
Article 153(4)(b) of the Constitution.
(2) Where any of the recommendations contained in a
report submitted under subsection (1) have not been
implemented, the Cabinet Secretary shall report to Parliament
the reasons therefor.

Review of
mandate.

55. Parliament shall, upon expiry of five years from the

date of commencement of this Act, and pursuant to Article
59(4) of the Constitution, review the mandate of the
Commission with a view to amalgamating the Commission
with the commission responsible for human rights.

Regulations.

56. The Commission may make regulations for the better

carrying into effect of the provisions of this Act.
PART VII - SAVINGS AND TRANSITIONAL
PROVISIONS

Transfer of
complaints to the
Commission.

57. All complaints relating to maladministration, which

immediately before the commencement of this Act were made
to the Kenya National Human Rights and Equality

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Commission and the former Public Complaints Standing
Committee at the commencement of this Act, shall be deemed
to have been made to the Commission.
Contracts.

Savings.

58. The Commission shall be bound in all contracts,

including contracts of service, if any, subsisting at the
commencement of this Act and to which the Public
Complaints Standing Committee was party.
59.(1) Notwithstanding the provisions of this Act
(a) any order or notice made or issued by the Kenya
National Human Rights and Equality Commission and
the former Public Complaints Standing Committee
shall be deemed to have been made or issued under
this Act;
(b) any function carried out by the Kenya National
Human Rights and Equality Commission and the
former Public Complaints Standing Committee during
the transition period shall be deemed to have been
carried out under this Act;
(c) all rights, powers and duties, whether arising under
any written law or otherwise which immediately
before the coming into operation of this Act were
vested in the Public Complaints Standing Committee
shall be transferred to, vested imposed on, or be
enforceable by or against the Commission;
(d) all actions, suits or legal proceedings by or against the
Public Complaints Standing Committee shall be
carried out on, prosecuted by or against the
Commission and no such suit, action or legal
proceedings shall abate or be affected by the coming
into operation of this Act; and

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(e) all assets and liabilities which immediately before the

commencement of this Act were vested in, or enforced
against, the Public Complaints Standing Committee
shall, by virtue of this paragraph, vest in the
Commission.

FIRST SCHEDULE

(s.12)

OATH/AFFIRMATION OF THE OFFICE OF CHAIRPERSON/A

MEMBER/SECRETARY
1 having been appointed
(the chairperson/member of /Secretary to) the Commission on
Administrative Justice, do solemnly (swear/ declare and
affirm) that I will at all times obey, respect and uphold the
Constitution of Kenya and all other laws of the Republic; that
I will faithfully and fully, impartially and to the best of my
ability, discharge the trust and perform the functions and
exercise the powers devolving upon me by virtue of this
appointment without fear, favour, bias, affection, ill-will or
prejudice. (SO HELP ME GOD).
Sworn/Declared by the said...

Before me this Day

of
.
Chief Justice.

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SECOND SCHEDULE

(s. 19)

MEETINGS AND PROCEDURE OF THE

COMMISSION
Meetings.

1.(1) The Commission shall decide when and where it

meets and the meetings shall be convened by the chairperson.
(2) The Commission shall have at least four meetings in
every financial year and not more than four months shall
elapse between one meeting and the next meeting.
(3) Unless three quarters of the members otherwise agree,
at least seven days notice in writing of a meeting shall be
given to every member.
(4) A meeting shall be presided over by the chairperson
or in his or her absence by the vice-chairperson.
(5) The members of the Commission shall elect a vicechairperson from among themselves(a) at the first sitting of the Commission; and
(b) whenever it is necessary to fill the vacancy in the
office of the vice-chairperson.
(6) The chairperson and vice-chairperson shall not be of
the same gender.
(7) The Commission may invite any person to attend any
of its meetings and to participate in its deliberations, but such
person shall not have a vote in any decision of the
Commission.

Conflict of
interest.

2.(1) If any person has a personal or fiduciary interest in

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any matter before the Commission, and is present at a meeting
of the Commission or any committee at which any matter is
the subject of consideration, that person shall as soon as is
practicable after the commencement of the meeting, declare
such interest and shall not take part in any consideration or
discussion of, or vote on any question touching such matter.
(2) A disclosure of interest made under sub-paragraph (1)
shall be recorded in the minutes of the meeting at which it is
made.
(3) A person who contravenes sub-paragraph (1) commits
an offence and is liable, upon conviction, to a fine not
exceeding three million shillings, or to imprisonment for a
term not exceeding seven years, or to both such fine and
imprisonment.
(4) No member or staff of the Commission shall transact
any business or trade with the Commission directly or
indirectly.
Quorum.

3.(1) Subject to sub-paragraph (2), the quorum of the

meeting shall not be less than half of the appointed members.
(2) Where there is a vacancy in the Commission, the
quorum of the meeting shall not be less than three appointed
members.

Voting.

Rules of
procedure
and minutes.

4. A question before the Commission shall be decided with

a supporting vote of at least two thirds of the members present.
5. The Commission shall(a)

determine rules of procedure for the conduct of its

business; and

(b)

keep minutes of its proceedings and decisions.

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I certify that this printed impression is a true copy of the Bill

passed by the National Assembly on the 25th August, 2011.

Clerk of the National Assembly.

Presented for assent in accordance with the provisions of the

Constitution on the .., at the
hour of ..

Attorney-General.

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