The Commission on Administrative Justice (CAJ) popularly known as Ombudsman has summoned three public officers including a Principal Secretary (PS)and two county officials, for failing to respond to inquiries and address outstanding issues.
In a statement on Tuesday, January 30, the Ombudsman announced the summons for Roads PS, Joseph Mbugua; Nyamira County Secretary and Head of Public Service, Dr. Jack Magara; and Isiolo County Executive Committee Member (CECM) for Finance and Economic Planning, Abdullahi Banticha.
According to CAJ, the officers are required to appear before the Commission on Tuesday, February 4, 2024, at 10:00 a.m.
“The summonses were issued pursuant to Article 59(2) (h-k) and Article 252(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,” read the statement in parts.
“The officers are expected to appear for questioning, disclosure of information, production of documents, and examination.”
CAJ said it may proceed to cite an officer who fails to honour the summons as an unresponsive State or Public Officer or declare such State or Public Officer to be unfit to serve in the Public Service in line with CAJ Regulation
“Any officer who fails to honour 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,” it said.
PS Mbugua has been summoned due to the failure of the State Department for Roads and Transport to settle a decretal sum in Kapsabet PMCC No. 80 of 2007.
The case centres around an agreement made in 2004 between Albert Alunda Meja, a landowner in Nandi County, and the Ministry of Transport.
Meja leased his land (Parcel No. Nandi/Cheptol/Serem/543) for the excavation of pits to support the construction of the Kipsigak/Serem/Shamakhokho road.
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The agreement was intended to benefit both the government and the landowner, ensuring fair compensation for Meja.
However, the government’s failure to honor the agreement led Meja to file a lawsuit in 2007. On 20th July 2010, the court ruled in his favor, awarding him Ksh. 150,280 as the decretal sum.
Despite this ruling, the government has failed to make the payment, leaving him financially strained.
In February 2022, CAJ began an inquiry with the Office of the Attorney General. By August 2022, the AG instructed the PS to facilitate the payment, but no action was taken.
On 7th August 2023, the PS responded, stating that the department was in the process of budgeting for the payment. Despite this acknowledgement, no action was taken.
“The Commission sent reminders on 20th November 2023, 8th December 2023, 27th February 2024, and a final reminder on 8th May 2024,” read the statement in parts.
“When no response was received, the Commission issued a Notice to Show Cause (NTSC) on 29th July 2024. Consequently. the Commission has summoned Eng. Mbugua to appear and explain the delay in settling the decretal sum.”
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Why Magara and Abdullahi Have Been Summoned
However, CAJ said the construction was carried out without prior notice to the landowner or any intention to undertake compulsory acquisition.
The landowner, Moraa Mose, through her representative Bosibori Mose, filed a complaint alleging that the County Government had encroached on their property without justification or compensation.
Despite numerous reminders and inquiries since December 2022, the County Government failed to take any substantive action or fulfil promises of compensation, including a failed settlement agreement.
Abdullahi Banticha has been summoned over the Isiolo County Government’s unresponsiveness, which constitutes improper and unlawful conduct contrary to the Constitution of Kenya and the Commission on Administrative Justice Act, 2011.
Ahmed Ali, the owner of Dertu Construction Company, has been waiting for six years to receive payment for completing a dispensary construction project in Lafe, Merti Sub-County, in 2017 valued at Ksh 4,194,148.
Despite multiple follow-up letters and an acknowledgement from the County Government about the pending payment, no resolution has been provided.
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