Commission on Administrative Justice Act

Names the Act as the Commission on Administrative Justice Act.

Until after the first elections under the Constitution, references in this Act to “Cabinet Secretary” are to be read as “Minister”.

Chairperson and members must meet specified qualifications (experience, degrees, field-specific credentials and Chapter Six requirements).

Sets out the procedure for appointing the Chairperson and members of the Commission, including convening a selection panel, inviting and shortlisting applicants, nomination by the President, approval by the National Assembly, and appointment by the President.

The Chairperson, members and the secretary must each make and subscribe to the oath or affirmation in the First Schedule before the Chief Justice.

The Chairperson must convene the Commission's first meeting within seven days of members being appointed; the Chairperson has powers to preside over meetings, be the spokesperson, and supervise the Commission; the vice‑Chairperson must act in the Chairperson's place if the office is vacant or the Chairperson cannot act.

The Chairperson and members of the Commission are appointed for a single six-year term and are not eligible for re-appointment; they must serve full-time.

The President must publish every resignation, vacancy or termination in the Gazette within seven days.

The Chairperson or a member of the Commission may be removed from office in accordance with Article 251 of the Constitution.

If a vacancy occurs in the Commission, the existing appointment procedure applies; a member appointed to fill such a vacancy serves for six years and is not eligible for reappointment.

The Commission may, from time to time, establish committees to better carry out its functions.

The Commission must conduct its business and affairs in accordance with the Second Schedule; and, except as provided in that Schedule, the Commission may regulate its own procedure.

The Salaries and Remuneration Commission must determine the salaries, allowances and other terms and conditions of service for the Chairperson and members of the Commission.

The appointment of the Commission secretary must be through a competitive recruitment process.

Lists the grounds on which the secretary may be removed from office, including incapacity, gross misconduct, incompetence or neglect, violation of the Constitution, or other service‑related grounds, and requires notice of allegations and an opportunity to present a defence.

The Commission may appoint necessary staff and determine their terms; staff serve on terms the Commission (with consultation) determines; Government may second public officers on request; seconded officers are deemed Commission officers and under its control during secondment.

The Commission may direct where the Common seal is kept and may order its use; the seal must not be used except on the Commission's order, and when affixed and authenticated it will be judicially and officially noticed.

If a member, officer, employee or agent of the Commission does something in good faith while carrying out Commission functions, that act shall render them personally liable for any action, claim or demand.

The Commission may issue summons when it deems necessary to fulfil its mandate.

A court has the power to issue summonses or other orders requiring a person's attendance before the Commission and the production of documents or records relevant to an investigation by the Commission.

Establishes the Commission on Administrative Justice and names it as such.

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

The Commission has the power to acquire, hold, charge and dispose of movable and immovable property.

The Commission's headquarters must be in the capital city; the Commission may establish branches anywhere in Kenya.

Guiding principles include "the diversity of the people of Kenya".

The Commission has the power to investigate conduct in state affairs and acts or omissions in public administration by State organs or officers when such conduct is alleged or suspected to be prejudicial, improper, or likely to result in impropriety or prejudice.

The Commission must be composed of a Chairperson and two other members appointed in accordance with the Constitution and this Act.

The Commission may employ public officers or investigation agencies to conduct investigations at the Commission's expense; employed officers/agencies must investigate and report; the Commission must satisfy itself on reports and may make further inquiries.

The Commission must try to resolve matters by conciliation, mediation or negotiation; if that fails and it finds the administrative action unjust or unreasonable, it must make recommendations.

Limits jurisdiction in relation to proceedings or a decision of the Cabinet or a committee of the Cabinet.

The Commission may investigate an administrative action even if another written law says that the action is final or cannot be appealed.

Only the person aggrieved may make a complaint to the Commission, or a complaint may be made on their behalf by specified representatives.

People may lodge complaints orally or in writing; the Commission must record oral complaints, may inquire if information is not provided, and must inform complainants and take no further action if satisfied no further action is required.

Discretion not to investigate: may not investigate where "adequate remedies under any written law or administrative practice" exist.

If the Commission decides not to investigate or discontinues an investigation, it must inform the complainant in writing and give the reasons as soon as reasonably practicable.

The Commission must give any person, State organ, public office or organization against whom an adverse finding or recommendation is made an opportunity to make representations before the Commission includes that finding in its report.

Before starting an investigation under this Act, the Commission must 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 the Commission during an inquiry must be open to the public, except when the Commission decides otherwise.

If it considers it necessary to inquire into a person's conduct, or believes a person's reputation may be prejudiced by the inquiry, it shall give that person an opportunity to appear before the Commission to give evidence in their defence.

A person’s statement given as evidence to the Commission will not subject that person to civil or criminal proceedings, except for giving false evidence by that statement.

If an inquiry shows a criminal offence, the Commission must refer the matter to the Director of Public Prosecutions or another relevant authority, or take other action it deems fit against the concerned person(s).

After concluding an investigation or inquiry, the Commission must make a report to the State organ, public office or organization concerned and include findings, recommended actions and reasons; the Commission may require that the subject submit a report within a specified period and may report failures to the National Assembly.

The Commission must inform the complainant in writing of the results of the investigation.

If after investigating the Commission believes there is evidence someone investigated is guilty of misconduct, the Commission must report the matter to the appropriate authority.

Monies allocated by Parliament are funds for the Commission.

The Commission's financial year is the 12-month period ending on 30 June each year.

The Commission must prepare annual estimates of its revenue and expenditure before each financial year; the estimates must be approved by the Commission and submitted to the Cabinet Secretary for tabling in the National Assembly, and the estimates are to include specified items such as staff salaries, pensions, maintenance and training; the Commission may create funds for future or contingent liabilities.

The Commission must keep proper books and records of account, and must have its annual accounts prepared, audited and reported in accordance with Articles 226 and 229 of the Constitution and the Public Audit Act (Cap. 412B).

The Commission must open and maintain bank accounts necessary for the performance of its functions.

The Commission and its staff must keep confidential matters learned in their duties; they must not be called to give evidence about such matters (subject to Article 35 of the Constitution); and the Commission may disclose matters in its reports when needed to explain its findings and recommendations.

Persons in charge of prisons, remand or mental institutions, or institutions where someone is a patient or inmate must ensure that any correspondence from such persons to the Commission is transmitted in confidence and that written communications remain sealed.

It is an offence to, without justification or lawful excuse, obstruct, hinder or threaten the Commission or a member of staff acting under this Act.

The Commission must publish its report in the Gazette and in at least one newspaper with national circulation; the President, the National Assembly or the Senate may require the Commission to submit a report on a particular issue at any time.

The Cabinet Secretary must prepare an annual report and submit it to Parliament; if recommendations in the report have not been implemented, the Cabinet Secretary must report to Parliament the reasons.

Parliament must review the Commission's mandate upon expiry of five years from commencement of the Act, pursuant to Article 59(4) of the Constitution, with a view to amalgamating the Commission with the commission responsible for human rights.

The Commission may make regulations to carry the provisions of this Act into effect.

Complaints that, immediately before commencement, were made to the Kenya National Human Rights and Equality Commission and the former Public Complaints Standing Committee are treated as having been made to the Commission.

The Commission must be bound in all contracts, including contracts of service, subsisting at the commencement of this Act and to which the Public Complaints Standing Committee was party.

Orders or notices made or issued by the Kenya National Human Rights and Equality Commission and the former Public Complaints Standing Committee are deemed to have been made or issued under this Act.