Examining the Investigative Capacity of the Ombudsman in Addressing Administrative Justice in Kenya

Abstract

This study was conducted to assess the investigative capacity of the Commission on Administrative Justice (CAJ) also known as Office of the Ombudsman, Kenya, in ensuring administrative justice. The study appreciated that the core mandate of CAJ is to ensure administrative justice in the Kenyan public sector through investigating cases of maladministration. The study aimed to fill a gap where previous studies undertaken have focused on the general mandate of the institution whereas this study focused on its investigative mandate. The study adopts that a major determinant of the investigative capacity is the legal framework underpinning the Ombudsman. As such, the objective of the study was to examine how the legal framework underpinning the ombudsman investigative function affects its capacity to ensure administrative justice. The study was guided by the agency and accountability theories. The research was conducted at the Commission’s headquarters in Nairobi, Kenya and employed a descriptive study design. Data was collected through questionnaires to the respondents and an analysis of investigation records was also conducted. Census survey and purposive sampling were employed in selecting the respondents while probability sampling was employed in the selection of investigation records for analysis. Secondary data in form of reports, legal instruments, and court judgments were also reviewed and analysed. Statistical packages for social sciences as well as advanced excel were used to analyse quantitative data while qualitative data was analysed and arranged according to thematic areas. A spearman correlation test was undertaken and results indicated a positive relationship between investigative capacity of the Ombudsman and its achievement of administrative justice. The study found that the legal framework underpinning the ombudsman investigations is insufficient and in that regard it was recommended that the CAJ Act, 2011 be amended to empower the Ombudsman to enforce recommendations arising from its investigations. Keywords: Ombudsman, legal framework, administrative justice, investigative capacity