Commission on Administrative Justice chairperson Charles Dulo during a press briefing/. Photo/CAJ
The Commission on Administrative Justice has raised concern over a large backlog of complaints against public institutions, with 72 per cent of cases received in 2025 still pending at the end of the reporting period.
The Commission received 813 complaints against public institutions between January and December 2025. Only 228, representing 28 per cent, had been resolved, while 579 remained pending.
The figures were released on Tuesday as the Commission began a three-day high-level consultative meeting with leaders of 54 institutions, including nine state departments, in Nairobi.
The meeting is focused on improving the resolution of public complaints and strengthening compliance with the Access to Information Act, 2016.
The Commission said the engagement will seek to streamline referral pathways, clarify operational mandates and establish effective feedback mechanisms.
It also aims to improve institutional responsiveness, reduce case backlogs and strengthen public confidence in administrative justice mechanisms.
The Commission said nine institutions accounted for 630 complaints, representing 77 per cent of all complaints received during the year.
The pending rate among the nine high-volume institutions ranged from 40 per cent at the Ministry of Interior to 89 per cent at KPLC.
KPLC, NTSA, Immigration, SHA/SHIF and the Pension Department each recorded pending rates of more than 80 per cent.
The Commission noted that the figures covered complaints lodged during 2025 and did not include unresolved cases carried over from previous years.
Delay emerged as the leading complaint category, accounting for 42 per cent of complaints among the nine institutions with the highest volumes.
In the pension department and immigration, complaints linked to delays accounted for close to 80 per cent of cases.
Other major complaint categories included unresponsive official conduct at 10 per cent, unfair treatment at nine per cent and inefficiency at seven per cent.
The Commission also noted complaints relating to abuse of power and unlawful official conduct in some institutions, particularly the Ministry of Interior and the Ministry of Education.
However, the data also showed differences in resolution performance among institutions handling large numbers of complaints.
The Ministry of Interior received 114 complaints and resolved 60 per cent of them, giving it the highest resolution rate among the nine high-volume institutions.
The Commission said this could provide an opportunity to identify practices that may benefit other institutions dealing with high caseloads.
Rising demand for information
The Commission also reported a sharp increase in applications seeking review of access to information matters.
Applications rose from 32 in the 2016/2017 financial year to 654 in 2025/2026, representing an increase of more than 20 times.
Over the 10-year period, the Commission received a total of 2,260 applications for review.
The Commission said the increase reflects growing public awareness of the constitutional right to access information and a greater willingness by Kenyans to seek redress when the right is not respected.
At the same time, it said the rising number of applications points to continuing challenges in institutional compliance.
Among the concerns identified is the failure by some public institutions to proactively disclose information that should ordinarily be available to the public under Section 5 of the Access to Information Act.
The Commission said this forces citizens to make formal requests for information that should already be accessible.
It also cited delayed or inadequate responses to information requests, despite statutory timelines provided under the law.
Some institutions also lack designated and empowered Information Access Officers, internal policies and procedures, request-tracking systems and sufficient staff capacity.
Weak records management and incomplete digitisation were also identified as obstacles to timely access to information.
The Commission said delays in correcting, updating or annotating inaccurate, incomplete or outdated personal information remain another concern.
Public institutions are also required to submit annual access to information reports to the Commission by June 30. The reports contain information on requests received, processing timelines, refusals, fees and resources dedicated to access to information.
The Commission said compliance with the reporting requirement remains a concern despite guidance and reminders.
It is now calling on public institutions to shift from a reactive approach to a culture of proactive openness.
Institutions have been urged to disclose information of public interest, strengthen internal access to information systems, respond within statutory timelines and improve records management and digitisation.
They have also been asked to ensure personal information is accurate and up to date and submit statutory reports within the prescribed timelines.
The Commission said its long-term goal is to prevent disputes before they reach the review stage.
A well-functioning access to information system, it said, should allow citizens to obtain information directly from public institutions without unnecessary delays or intervention.
The Commission will continue supporting and monitoring institutions through compliance assessments, proactive disclosure audits, capacity building and stakeholder engagement.
It also plans to strengthen monitoring through access to information compliance scorecards, monitoring of Information Access Officers and assessments of records management and digitisation systems.
The Commission said access to information remains a constitutional right and a foundation for transparent, accountable and participatory governance.
It said timely access to reliable information enables citizens to understand government decisions, participate in public affairs, monitor public resources and hold institutions accountable.
The Commission urged public institutions to make openness, transparency and timely access to information a routine part of governance and public service delivery.
