Ombudsman summons Roads PS, two others for unresponsiveness to public complaints

The Commission on Administrative Justice (Office of the Ombudsman) has summoned three public officers, including Roads Principal Secretary Eng. Joseph Mbugua, for failing to respond to inquiries and address outstanding public issues.

The Ombudsman stated that the latest action was prompted by the public officers’ neglect to address complaints lodged against their departments.

The other summoned officials are Dr. Jack Magara, County Secretary and Head of Public Service for the County Government of Nyamira, and Abdullahi Banticha, County Executive Committee Member for Finance and Economic Planning in the County Government of Isiolo.

“The officers are required to appear before the Commission on Tuesday, 4th February2024 at 10:00 a.m. The summonses were issued pursuant to Article 59(2) (h-k) and Article252(3) of the Constitution of Kenya, as read with Sections 27 and 28 of the Commission on Administrative Justice Act, 2011 and Section 18 of the CAJ Regulations. The officers are expected to appear for questioning, disclosure of information, production of documents, and examination,” stated Commission chairperson Charles Dulo in a statement on Thursday.

Regarding Roads PS Eng. Mbugua, Dulo revealed that he has been summoned due to the failure of the State Department for Roads and Transport to finalise an agreement with a citizen who leased his land to facilitate road construction in Nandi County.

“In 2004, Mr. Albert Alunda Meja, a landowner in Nandi County, entered into an agreement with the Ministry of Transport to lease his land (Parcel No.Nandi/Cheptol/Serem/543) for the excavation of pits to facilitate the construction of the Kipsigak/Serem/Shamakhokho road. The agreement was intended to foster a partnership between the government and a citizen, contributing to national development while ensuring fair compensation for the landowner. However, the complainant faced years of delays and unfulfilled promises,” explained the Commission.

“Dissatisfied with the government’s failure to honor the agreement, Mr. Meja filed a lawsuit in 2007. On 20th July 2010, the court ruled in his favor, awarding him Kshs.150,280 as the decretal sum. A certificate of costs was served on the government in2017, but despite the court’s ruling, the payment was never made. This left Mr. Meja in financial strain and disillusioned with the justice system,” added the commission’s chairperson.

Dulo also noted that the Commission initiated an inquiry with the Office of the Attorney General on 4th February 2022, and on 15th August 2022, the Attorney General advised the Principal Secretary of the State Department for Infrastructure to facilitate the payment. However, no payment has yet been made.

The commission has asked Dr. Jack Magara to explain why the County Government of Nyamira has failed to compensate for land acquired for the construction of a dispensary.

“In July 2019, the County Government of Nyamira constructed Geteni Dispensary on Land Parcel No.E/K/KEBIRICHI/657, owned by Ms.Moraa Mose. The construction was carried out without prior notice to the landowner or any intention to undertake compulsory acquisition, leaving the family in shock and distress,” the commission revealed.

Isiolo County Finance CECM Abdullahi Banticha is also facing scrutiny for failing to meet obligations to a contractor who completed a project, as the county has refused to fulfil its part of the agreement despite multiple attempts by the affected company.

“Mr. Ahmed Ali, the owner of Dertu Construction Company, has been struggling for six years to receive payment for a completed project. The Isiolo County Govemment awarded his company, Dertu Construction, Tender Ref. No. ICG/049/2016/17 to construct a dispensary in Lafe, Merti Sub-County, during the 2016/2017 financial year. The project, valued at Kshs. 4,194,148, was successfully completed in 2017. However, despite fulfilling his contractual obligations, Mr. Ali has yet to receive payment,” the Ombudsman explained.

The CAJ has characterised the lack of responsiveness from the three public officers as improper and unlawful conduct, requesting their appearance before the commission or risking being deemed unfit to serve in the Public Service.

“Any officer who fails to honor a summons by the Commission is liable, on conviction, to a fine not exceeding Kshs. 500,000, imprisonment for a term not exceeding two years, or both, under Section 52 of the Commission on Administrative Justice Act, 2011,” Dulo added.