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Puzzle of two State agencies with conflicting scores on Lands ministry performance
Ardhi House which houses the Lands ministry. Officers from the Directorate of Criminal Investigations (DCI) and the Ministry of Lands have been drawn into a high-stakes legal battle over the ownership of a Sh1.6 billion property in Loresho, Nairobi County.
Two government agencies issued two reports on the performance of the Ministry of Lands within days of each other in March but with contradictory findings.
The Public Service Commission (PSC) ranked the State Department for Lands and Physical Planning at position two after Kibabii University that emerged the top performing government institution.
The Kenya Trade Network Agency came in third, according to the PSC’s annual compliance report for the financial year 2023/2024 released on March 11.
According to the PSC report, the evaluation of values and principles that determine how government agencies perform consider service delivery improvement, high standards of professional ethics in the public service, good governance, transparency and accountability plus performance management.
Other factors evaluated are equitable allocation of opportunities and resources, public participation in policy making process, efficiency, effectiveness and economic use of resources, sustainable development, and devolution and decentralisation of services.
Ranked fourth, fifth and sixth on the PSC list were the State Department of Agriculture, Konza Technopolis Development Authority and the Anti-Counterfeit Authority.
Completing the PSC’s top 10 list were Dedan Kimathi University, Kenya National Bureau of Statistics (KEBZ), Ewaso Nyiro South Development Authority and State Department for Co-operatives, ranked seven, eight, nine and 10, respectively.
However, 11 days after the release of this report with a flattering assessment of the Ministry of Lands, the Ombudsman office issued a damning assessment of services at Ardhi House.
In the report dated March 22, the Ombudsman cited inordinate delays at Lands registries across the country, adding some complaints were taking years to resolve.
“Kenyans seeking resolution of their matters at the Ministry of Lands face delays running into years, with little progress made to resolve complaints pending for more than 20 years,” the Ombudsman said in the report.
The Ombudsman, also known as the Commission on Administrative Justice (CAJ), is an official appointed to investigate individuals’ complaints against a public authority.
According to the CAJ, 263 cases were addressed within three years, 119 dragged on for four to 15 years, eight cases took up to 25 years and two cases remained unresolved for over 25 years.
The CAJ directed the Principal Secretary in the Ministry of Lands, Nixon Korir, to ensure that his office processed and resolved all the pending 206 complaints within 60 days.
“The PS should also provide a compliance report within 90 days to the Commission, failing which the Commission shall give the office holder notice to show cause as to why he should not be declared unfit to hold public office,” the statement by the Ombudsman said.
In a response to the Ombudsman, Mr Korir admitted to challenges on tracking some of the complaints addressed to various field officers placed in different parts of the country but said that it was being addressed.
“Some of the solved issues might have been addressed but the officers have not submitted feedback to your office or some are still pending as indicated in your report. We are, therefore, requesting that all complaints should be addressed to the PS for ease of coordination,” the PS said in a letter seen by the Nation.
Recently, the office of the Ombudsman also found itself on the receiving end after differing with the Judiciary.
The office had summoned the Judicial Service Commission (JSC) members over claims that the commission failed to publish details of complaints received against judges and judicial officers. The JSC has 10 members, including Chief Justice Martha Koome.
However, the JSC dismissed the summons on grounds that the Ombudsman lacks the authority to direct an independent constitutional body.
JSC Secretary Winfridah Mokaya said the move by the ombudsman was unconstitutional.