Best Practices in Public office for Kenya

Gabriel LubalePhone: 0726934441

Email: gabriellubale@gmail.comurl:www.gabriellubale.com

11th November 2015

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Importance of principles of public life? Relationships

Citizens Vs

Public Officers

Public Bodies (Institutions) Vs

the Citizens / Public Officers

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Importance of principles of public life? Relationships … contd

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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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Ombudsman’s office in KenyaMandate - 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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Ombudsman’s - Complaints Handling Process

Has Five (5) Levels

Level V

Level IV

Level III

Level II

Level I

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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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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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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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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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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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Ombudsman’s – SanctionsThe 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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