Commission on Administrative Justice chairperson Charles Dulo during a press briefing on February 4, 2025. Photo/CAJ
The Commission on Administrative Justice has called on public institutions to act faster on complaints, access to information requests and recommendations.
The commission warned that delays can erode public confidence in government.
Commission chairperson Charles Dulo said public institutions must move beyond simply responding to correspondence and establish systems that ensure complaints are handled, resolved and used to improve service delivery.
Speaking in Nairobi on Tuesday during a high-level consultative meeting with ministries, state departments and public institutions at the Safari Park Hotel, Dulo said administrative justice and access to information were central to building responsive and trusted government.
“Administrative justice and access to information are not peripheral compliance matters. They are central to lawful, responsive and trusted government,” he said.
Dulo said the Commission continues to see public officers resolve difficult cases and improve systems but also encounters recurring challenges.
These include unanswered referrals, delayed feedback, fragmented responsibility, incomplete records and failure to implement recommendations.
He said delays in responding to access to information requests could also push citizens and institutions towards litigation, even where timely administrative action could have resolved the matter.
“The consequence is larger than an ageing case file,” Dulo said.
He gave examples of how administrative delays can affect citizens, including delayed pensions, licensing complaints that stall livelihoods and failure to provide explanations for administrative decisions.
“Behind every file reference is a person waiting for the State to work as it should,” he said.
Dulo said many complaints could not be resolved by correspondence clerks or complaints officers acting alone, arguing that effective handling required clear authority, adequate systems and attention from senior management.
He urged institutions to treat complaints as management information rather than an irritation.
“A complaint is an early-warning signal,” he said.
According to Dulo, complaints can expose policy gaps, unclear procedures, weak service standards, poor communication or repeated administrative practices that result in unfair outcomes.
He said institutions could use complaints to identify weaknesses, improve decisions and prevent similar problems from recurring.
The Commission’s results framework seeks to increase the number of cases closed through improved responsiveness and stronger use of public complaints mechanisms.
However, Dulo cautioned against treating case closure as merely a statistical target.
“A case should close because the matter has been fairly considered, the complainant has received a reasoned response, the appropriate remedy or explanation has been provided, and any systemic weakness has been addressed,” he said.
He called for clear institutional ownership of complaints and access to information matters, with each institution having an empowered focal point and an internal escalation mechanism to senior management.
Dulo also urged public bodies to establish predictable referral and feedback arrangements so that complaints do not disappear into internal correspondence chains.
He said institutions should acknowledge referrals, provide responses within agreed timelines and communicate promptly where additional time is required.
“Silence is not a neutral administrative act; it transfers uncertainty and cost to the citizen and to other public institutions such as the courts,” he said.
On implementation, Dulo called for Commission recommendations, lawful orders and agreed action points to be assigned, tracked and reported.
He also urged boards and senior management to receive regular reports on complaints, response times, recurring issues, outstanding matters and access to information compliance.
The chairperson further emphasised the importance of respectful communication, saying not every complaint would be upheld and not every information request could lawfully be granted in full.
However, he said every person was entitled to a process that was understandable, timely and respectful, as well as reasons grounded in law.
Dulo challenged senior public officials to assess how their institutions handle complaints and access to information requests.
“Who owns a complaint from receipt to resolution?” he asked.
He also urged them to establish how quickly senior management can identify overdue or high-risk matters and whether recommendations and obligations are tracked to completion.
The Commission proposed that participating institutions confirm authorised focal points, establish escalation channels, review outstanding matters, identify priority cases and implementation gaps, and participate in follow-up mechanisms.
Dulo said the Commission would provide clear referrals, technical engagement and follow-up while continuing to exercise its mandate “firmly, fairly and transparently".
He said the goal was to strengthen cooperation between public institutions and reduce fragmented handling of complaints.
“Citizens experience government as one public service,” Dulo said.
He urged institutions to use the meeting to improve coordination, reduce delays and strengthen accountability.
He said the success of the engagement should ultimately be measured by fewer unanswered referrals, faster responses, stronger implementation of recommendations and orders, improved access to information practices and reduced backlogs.
“The constitutional promise of administrative justice is ultimately a promise about the daily conduct of public power,” Dulo said.
He added that the promise is fulfilled when institutions listen, act within the law, give reasons, correct mistakes and treat people with dignity.
