DEVOLUTION OF POWER AND THE NEW STRATEGIC STATE: A CASE OF ENGAGED GOVERNANCE AND DELIBERATIVE DEMOCRACY IN A MULTI-LEVEL

GOVERNMENT IN KENYA
By Kinyua T. Kihara

This paper seeks to propose a model structure of governance for Kenya based on devolution of power from the highly centralist government to a system of coresponsibility between the centre and the periphery through an engagement process of decision making, as an ‘Exit Option’ in the current governance and constitutional cross roads the country is facing. At the core of this proposed model of governance is the strategic state that is characterized by devolution of authority to bureaucrats and citizens in an interactive forum under the tutelage of a more independent efficient, informed and involved legislature.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Contents

A

MODEL

GOVERNANCE

STRUCTURE

FOR

A

MULTI-LEVEL

GOVERNMENT IN KENYA.......................................................................... .........4 Executive Authority................................................................................ ..................5 Legislation and Representation....................................................................... ........10 Bureaucracies..................................................................................................... .....18 Devolved Government Structure............................................................................22 The Strategic State.................................................................................... ..............26 Auditor General.............................................................................. ........................30 Comptroller General........................................................................ .......................30 Ombudsman................................................................................................. ...........31

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

A MODEL GOVERNANCE STRUCTURE FOR A MULTILEVEL GOVERNMENT IN KENYA
Proper devolution in an ideal multi-level structure of government should be characterised by an engagement process that includes large-scale policy task involvement of groups, individuals and civil societies with power being redistributed through shared decision making responsibilities exemplified by task interdependence between various levels of government from the national to the grassroots level. Such a system of government reflects the embodiment of the principles of good governance that includes broad participation and representation in decision making; responsive, efficient and effective result-oriented institutions and processes; accountability and transparency at all levels of government institutions and agencies; a shared sense of mutuality and understanding of the context and circumstances prevailing in the geopolitical setting; fairness and equity of opportunity for all persons. This can only be realised with the adoption of an institutional approach to governance that entrusts political power and the role of governance in credible, reliable and legitimate institutions of government. In Kenya, credibility and reliability is only possible with the restricting of the politicians role in governance and in controlling the government machinery. However, such reduction of the politicians’ control of government may generate a risk of legitimacy of the institutions as people mandated. As such, a balance must be struck between the quests for professionalism and the legitimacy of the institutions from whence they draw the power, authority and mandate to serve the people. A new constitutional dispensation will thus require reconciling the need for professionalism in governance by giving technocrats and public servants a greater role in governance in order to tap into their tacit knowledge on state issues as well as ensuring the legitimacy of the actions of the institutions as espousal of the peoples’ will. The other should complement this with the truncating and diffraction of executive power amongst various state organs with each organ acting as a check on the use of power. Under this new proposed system, governance is subsumed under the following; executive authority, legislation and representation, bureaucracies, devolved government structure and strategic state.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Executive Authority
The executive arm of the government exercises this power where it is shared between the President and the Cabinet under the direction of the Prime Minister. The presidential executive comprises of the Department of Defence, the National Security Command Central, the Executive Office of the President and the Office of Public Administration and Management. These executive agencies are directly answerable to the President. As such, the President has the ultimate say on policies advocated by these agencies. The Prime Minister exercises executive authority and power through his Cabinet-government where all executive decisions on matters of government policy are made collectively rather than unilaterally. On the other hand, the Central Public Bureau, the highest organ in the public service, exercises unfettered discretion in exercising its veto power derived from its residual interest in matters of public service delivery as well as making and ensuring compliance of public officials with the public service code.

President
He is the Head of State and Commander-in-Chief of the Armed Forces. He is empowered to assent to bills passed by Parliament into law. He also holds the prerogative of mercy. The President is indirectly elected by the Legislature where the Upper House delivers the determinant vote i.e. acts as an electoral college and the Lower House delivers the popular vote. The Lower House vote is such that each member has one vote to which he is entitled and thus the Lower House delivers a single vote per member. In the Upper House however, the bloc voting system is followed where each delegation representing a particular interest group, irrespective of its size delivers one vote. In this case to win the Presidency the winner has to garner the highest number of delegations in the house rather than delegates per delegation from each interest group. Such that, one may have more delegates by for instance winning the vote of a few large delegations but lose the Presidency to the one with fewer delegates but commands the confidence of more delegations in the house. Once elected, the President serves for one term of seven years. Once his seven-year term elapses, the incumbent President is not eligible to contest the Presidency again.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

He exercises executive authority over various executive Government agencies including the Department of Defence, the National Security Command Central, the Executive Office of the President and the Office of Public Administration and Management as well as government agencies that may be called to serve under the presidential executive prerogative on key national issues under the direction of the Executive Office of the President. The President is obligated to summon both Houses of Parliament and address them in a joint session setting out the operations of his office at the beginning of every year for the year just ended.
Department of Defence

It is an executive agency under the presidential executive prerogative responsible for the management and direction of the national military and defence personnel and installations as well as the determination and implementation of defence policies. It works closely with the Commissariat, headed by the Minister for Defence, to reconcile and harmonize the national defence policies of the Department of Defence with the budgetary allocations and the general funding levels for defence programmes by the Commissariat. It is headed by the Chief of General Staff who is directly accountable to the President as the Commander-in-Chief of the Armed Forces including all national defence forces and all disciplined forces in the country that may be called to actual national service.
National Security Command Central

It is an executive agency falling under the presidential executive prerogative. It has the ultimate authority as the executive oversight body over the state intelligence services and all other special, tactical, elite, covert forces operating within and without Kenya in the service of Kenya. It is also a policy recommending body to the cabinet-government on matters of national security, which recommendations being based on security status reports received, from intelligence operatives and other covert corps. It comprises the President, the Deputy President, key national security agencies’ chiefs, defence chiefs as well as security experts and other presidential advisors.
Executive Office of the President

It is an executive agency directly under the presidential executive prerogative whose responsibilities include policy formulation, direction, management, implementation and
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

review over key national issues that require long-term and sustained special attention and resources on a grand scale including for instance HIV/AIDS scourge, terrorism and Vision 2030. In order to discharge its mandate it is empowered to exercise overall direction over any of the government agencies whose operations includes dealing with or tackling any of the key national issues. The agency is made up of a team of support staff working under the direction of the Executive Chief of Staff with the responsibility of directing and co-ordinating as well as overseeing the operations of government agencies called in for service under the presidential executive prerogative on such key national issues.
Office of Public Administration and Management

It is also an executive agency under the direction of the President as well through the presidential executive prerogative, responsible for overseeing the running of the public service. Its mandate includes policy review, direction and recommendation to the Central Public Bureau in respect of public service operations and personnel management. In essence it works very closely with the Central Public Bureau in discharging its duties. Its decisions as well as recommendations are very persuasive and influential on the actions and operations of the Central Public Bureau as a national public service planning manual and policy guide. It is made up of the President, the Deputy President, Secretary to the Cabinet, the Attorney General, public service heads and public workers representatives. The Secretary to the Cabinet acts in the capacity of an agent of the cabinet, where he also sits, with the responsibility of reporting to the cabinet on the changes and developments in public service policies as well as stating the position of the Cabinet-government position as to issues arising in the delivery of public service and also making contributions during consultative meetings under the presidential executive prerogative on behalf of the Cabinet-government. The Attorney General on the other hand acts in his capacity as the chief legal advisor to the government.

Prime Minister
He is the head of Government and a popularly elected member of the Lower House of Parliament and is also the leader of the party with the majority seats in the Lower House.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

He is the party leader who leads his party through the General Elections where once the party members contesting for parliamentary seats win in their constituencies forming a majority in the Lower House, he automatically ascends to the Office of the Premiership. The Prime Minister then serves for one term of four years after which he is eligible for Premiership for only one other four-year term. As such, the Prime Minister is limited to serving as premier for a maximum of two terms of four year each. The Prime Minister is the Head of Government empowered to constitute, appoint and head the Cabinet, which is responsible for determining government policy as well as running the state machinery. In running the government, the Prime Minister as well as the cabinet is held responsible and put to task by the Lower House i.e. the opposition bench through parliamentary questions. The Prime Minister is obliged to hold regular conferences with the Head of State to brief him and discuss government action and progress.

The Cabinet-government
The cabinet comprising, the Prime Minister, deputy prime minister, secretary to the cabinet, Attorney General and ministers in the government; is the highest policy making organ of government. It acts as a unit in policymaking, such that the actions of a cabinet member are binding on the entire cabinet through the doctrine of collective responsibility i.e. Cabinet-government. As such, cabinet members cannot act unilaterally in determining policy issues in their respective dockets including the Prime Minister Ministers in the cabinet act as figureheads of their respective ministries where they exercise authority limited to the general direction of the ministry. In discharging their ministerial duties they are collectively as well as individually accountable to the Lower House. They are empowered as well as responsible for overseeing the effecting of and compliance with any laws specifically enacted to be applied and upheld by their respective ministries. They may also make ministerial directives having force of law in responding to public needs or contingencies falling under the jurisdiction of their respective ministries. However, such directives should not have the effect of infringing on the public service directives of the Central Public Bureau that guide the practices and workings of the ministry

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

such that a ministerial directive should be in response to a properly defined contingency well within the mandate and jurisdiction of the ministry in question. Once appointed, cabinet ministers can only be removed by a joint house resolution or their seats falling vacant or as a result of the dissolution of the Lower House.

Central Public Bureau
It is the highest organ of the public service entrusted with the running and overseeing of the public service. It is also the appointing authority of all senior public officials in the government ministries including the deputy ministers, permanent secretaries and departmental directors. Its responsibilities include public service planning and policy formulation and management, standard setting, monitoring of public service delivery, management of public service personnel as well as regulation of public service activities. In regard to policy issues in the public service, the Central Public Bureau may undertake policy reviews of the public service activities and thereby institute and oversee reforms therein for conformity with the global best practices in public service delivery. It sets standards expected and crucial for quality in service delivery in the public sector and maintains them by ensuring proper personnel training and accreditation as well as strict compliance with the set standards across the board, from the national to the local level bureaucracies. It may invoke disciplinary measures on errant public officials at the national level and also sit to hear appeals and petitions of unfair or uncalled for treatment and/or disciplinary measures and punishment of public workers in local level bureaucracies. The Central Public Bureau is also responsible for approving, revising, regulating and funding of public sector programmes and departmental administrative operations of government ministries. The Central Public Bureau is headed by commissioners from a shortlist of candidates compiled by parliamentary committee and approved by the Lower House of Parliament.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Legislation and Representation
Bicameral Parliament
Parliament plays a big role in governance as a representative body of the people and thus can be viewed as embodying public policy and public will. As such, parliament should embrace broad participation and representation as well as inclusion of all stakeholders for it to have a legitimate mandate and authority in expressing the will of the people. It should also be informed and directly involved in governance so as to effectively monitor the other arms of government on behalf of the public. In order to do this effectively, parliament must be impartial and rise above vested partisan interests. This calls for it to have in-built safeguards to check its excesses as well as some level of perpetuity and continuity. Achievement of the above is most practical in a bicameral set up i.e. parliament composed of two houses mainly the Upper House and the lower houses. The bicameral parliament will reflect broad representation and participation by encompassing both group representation and popular representation. As such, the Upper House, composed of representatives of special interest groups offers group representation while the lower house, composed of popularly elected members from constituencies is for popular representation. Whilst the lower house is dissolved in order for the members to go back for a fresh mandate from the electorate, the Upper House remains in session and thus is perpetual, creating a sense of continuity for parliament business. Parliament may exercise authority as people’s vigilance through its direct involvement in governance and policy making through its committees. Such that, the involvement of the joint house committees directly in policy making will bring about informed deliberations on government policy matters especially due to professional input from the members of the Upper House whose membership is drawn from special interest groups which include professional bodies as well as other stakeholders experienced in the matters at hand. This kind of engagement is bound to ensure the appropriateness, applicability and suitability of the policy in respect to its consistency with public policy. The public accounts committee empowered to scrutinise the national budgetary proposals from the finance ministry, making recommendations after thorough evaluation makes for responsible handling of public funds.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Group Representation

This is envisaged in the Upper House of Parliament which is made up of representatives from special interest groups including professional bodies, religious groups, non-government organisations among other organisations and associations of persons sharing a common interest or a shared peculiarity that is not repulsive or repugnant to public moral and justice. The allocation of seats in the Upper House is determined proportionately to the direct membership base of each group represented in the chambers. The membership base of each group determines its representative capacity thus the larger the organisation or group in terms of its membership base the larger its delegation in the Upper House. However, their shall be an Upper House limit as well as a lower limit on the number of delegates per interest group depending on the total number of delegations to sit in the chambers as against the number of available seats in the chambers. The representative capacity of the Upper House is dependent on the all-inclusive broad and diverse array of interests affecting a majority of or the entire national population across the nation being effectively represented in the House. On the other hand, there shall be reserved special seats for umbrella bodies i.e. organisations without direct membership or whose membership is made up of other organisations. The Upper House shall have a steering committee made up of delegates representing umbrella organisations as well as super delegates drawn from common interest groups delegations in the House that are not allied or represented by any umbrella organisation. The steering committee is responsible for setting the agenda for the House at any particular sitting. In addition to conducting House business it is empowered to determine the membership of House committees and of House members in joint House committees. The Upper House has no legislative authority however, it can exercise veto power of suspension of a bill passed in the Lower House by passing a resolution to that effect. Conversely, the House can alternatively pass a resolution supporting the passing of the bill in which case the President will have to assent to it. In passing any resolution or taking a vote, each delegation in the House wields a single vote and thus votes en bloc. In this case, the side that carries the day is the one voted for by a majority of the delegates through a combination of delegations yielding a majority of the delegates.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

It is the popular vote rather than the proportional vote that plays the role of determining the outcome of a resolution in the Upper House. However, in respect to the election of the President, the reverse is true where the winner of the Presidency is determined by a proportional rather than by a popular vote. In determining the Presidency it is the number of delegations rather than the number of delegates yielded by the various delegations in the House that sets apart the winner from the loser. The Upper House remains perpetual even upon the dissolution of the Lower House since the respective organisations and group represented determine the tenure of service for the delegates in the Upper House. The groups so represented in the Upper House have the responsibility of determining the tenure i.e. the period constituting a single term and the number of terms their respective representatives can serve as delegates in the Upper House. However, once a delegate is mandated accordingly, having been sworn in as a delegate and begins to serve his term, he cannot be removed or dismissed from that position unilaterally. Members in the Upper House are mandated to sit and take part in House committee deliberations including the Departmental Joint House Select Committees where though primarily representing the interests of their principal organisations in their individual capacities, they also act as and are held out as members of the Upper House collectively. The Upper House also has the mandate of forming its own ad-hoc House working committees to look into various issues of public concern and give advisory opinions through the publishing of working papers on subjects of inquiry. Such papers may be used persuasively in determining the passing of a bill(s) touching on the subject of the working paper in the Upper House. They may also be used to guide in the drafting of a bill for instance, a bill originating from a joint house select committee.
Popular Representation

This is envisaged in the Lower House of Parliament composed of popularly elected representatives of constituencies. Each member is elected by constituents on a particular political party ticket to represent the constituency in the Lower House. Each constituency has one representative member of the Lower House of Parliament i.e. the person who garnered the majority votes cast by his
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

constituents during the General Elections where each constituent, registered as a voter was entitled to and thus cast a single vote to determine their preferred candidate to represent them from a list of other parliamentary contestants contesting the parliamentary seat in that constituency. The Lower House of Parliament may essentially be viewed as the stage for popularity contests between various political parties as well as a political bargaining arena for the political class, which may often result in political horse-trading thus alignments and realignments of parties and their members in the House. Such political alignments then come down to two major alignments that result in the two opposing sides that sit on either side of the House Speaker i.e. the Government side and opposition. The party with the majority seats in the House or a coalition of political parties commanding a majority of the seats in the Lower House forms the Government and the majority party leader becomes the Prime Minister. He then moves on to constitute his cabinet by picking and appointing members of parliament from his party or coalition of parties to serve as ministers in the cabinet thus forming the Cabinet-government. The Prime Minister and the cabinet members occupy the Government front bench in the Lower House while the rest of the Government-allied parliamentarians occupy the backbenches on the Government side of the floor. On the other hand, the leader of the minority party or coalition of parties in the House becomes the Leader of Official Opposition. He moves on to form his own shadow cabinet from amongst members of the opposition in the House. The Leader of Official Opposition and his shadow cabinet sit on the opposition front bench as a government in waiting. The Lower House is mandated to play the role of the peoples’ watchdog on the Cabinetgovernment where the opposition keeps the Government side on its feet by raising parliamentary questions during parliament sessions. Such questions are directed at the relevant cabinet members depending on the subject of the query and the Prime Minister as well. The Lower House is entrusted with the legislative authority whereby bills may originate, be debated and if passed in the Lower House proceed to the Upper House for scrutiny before being assented to by the President to become law.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

A bill may be tabled in the Lower House as a Government bill, private bill or be forwarded by a parliamentary committee especially for instance the Departmental Joint House Select Committees. Once laid before the house, the bill goes through the first reading followed by a vote from the House members which vote if favourable sees the bill proceed to the second stage which is the second reading followed by another vote after which following a favourable outcome the bill is assigned a standing committee for a thorough scrutiny before the final reading where a favourable vote is the last hurdle for the passing of the bill in the Lower House. During the voting process to determine the passing of a bill in the Lower House, each Member of Parliament is entitled to a single vote which he may cast in favour of the bill in which case the vote is an aye or against the bill in which case the vote is a nay. Where the votes cast in favour of the bill (ayes) outweigh those cast against the bill (nays) the bill is passed, however, when the reverse occurs the bill is defeated. The Speaker of the Lower House acts as the figure head of the Parliament. He is the official representative of Parliament, empowered to conduct business as well as speak on its behalf during for instance inter-parliamentary functions locally and abroad. He is also responsible for moderating and regulating debates in the Lower House. The Lower House may also establish ad-hoc house committees as well as standing committees whose membership is determined on party strength of numbers in the House. The Members of Parliament also sit and participate in joint house committees. The Lower House unlike the Upper House, is however, not perpetual. The Lower House has a life-span of four years after which it is dissolved so that the Members of Parliament can go back to the constituencies they were representing to seek another fresh mandate from their constituents to represent them for another four-year term in the next Parliament which is constituted on conclusion of the General Elections and the subsequent declaration of the election winners.
Departmental Joint House Select Committees

They are made up of members from both Houses of Parliament where the membership from the Upper House is determined by the Steering Committee and the membership from the Lower House is based on party strength in the House i.e. the number of seats a particular party commands in the House.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

It is a parliamentary oversight body responsible for supervising and overseeing matters of policy in the respective government ministry assigned to that particular committee. They scrutinise government policies on particular public concerns including for instance health, education and so on. In this regard, their duties include departmental policy review and revision and thus reserve the ultimate say in the determination of departmental policies. These committees are deliberative forums where following a conflict between cabinet policies in regard to the ministry or a ministerial directive with the public service policy directives such departmental policy issues are referred to the relevant Departmental Joint House Select Committee where they are deliberated after which the committee makes a ruling on the issue. In making such a ruling the concerned committee inquires into the appropriateness and the effects of a particular policy as guided by public policy and preferences and in so doing may make adjustments and alterations to the policy in question as part of its policy revision mandate or even ultimately prepare a bill and lay it before the House for enactment, to stand in for the inadequacies plaguing that particular policy directive. Such a ruling is binding on the stakeholders and parties to the dispute such that the declaration by the committee or the terms set out thereof determine the departmental policy to be followed in that particular ministry. They are also responsible for monitoring the implementation and the ultimate application of bills passed to become law that directly impact on the operations of the ministries assigned to them. In this regard the committees are empowered to summon the Minister concerned to brief the panel on the progress and compliance rate of his ministry with a particular newly enacted law directly impacting on the operations of the ministry. They also sponsor bills, which they table before the Lower House to be debated into law. Where a Departmental Joint House Select Committee is the originator of a bill which it brings to the House, it is incumbent upon the concerned committee to do a follow up on the bill through its debate and subsequent passing in the Lower House as well as in the Upper House finally to its enactment as law on receiving Presidential assent. In doing this, these committees may indulge their ranks to canvass for the support of the bill from among members drawn from both Houses of Parliament.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

This may also entail detailing to the House members the effects, suitability and applicability of the proposed bill for its enactment. It is also the duty of the concerned committee to hold civic education seminars for the public to educate the people as well as other stakeholders on the application of the newly enacted law.
Standing Committees

These are broad-spectrum parliamentary committees that comprise Members of Parliament in the Lower House of Parliament. They are large committees whose membership, though determined on the basis of party strength of the numbers of House members within its ranks, the committee membership criteria is rather categorical and particular on inclusiveness of all political parties and interests represented in the House to be included and involved in its composition and affairs. The mandate of these committees includes in-depth scrutiny of bills at the committee stage of the legislative process in the Lower House. At this stage, a bill which has passed the initial legislative stages i.e. the first and second readings, is taken up by a Standing Committee which sits and deliberates, analysing the bill; its implications and applications for a comprehensive understanding and appreciation of the intended role of the bill once it is passed into law. The committees may then make recommendations for adjustments and amendments on the bill or simply have it proceed to the final stage in its original form. These committees work very closely with the originators of the bill in question. Public Accounts Committee This is the parliamentary watchdog on matters pertaining public finances. Its membership comprises of Members of Parliament from Lower House. It works closely with the Office of the Comptroller General as well as that of the Auditor General in exercising parliamentary oversight over public finance resources. Its mandate includes conducting pre-budget scrutiny and analysis on the proposed budgetary allocations from the Ministry of Finance as well as monitoring of the actual application of public funds in the public sector. This committee is also vested with the authority to formulate and recommend publicspending policy to guide the House in evaluating the budget for endorsement.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

To discharge its mandate effectively, the committee is empowered to require the Comptroller General to submit status reports on the progress and process of disbursements of public funds to the allocated portfolios as well as the resultant output stemming from the application of the funds. The quality, priority and level of the output or projected output and the cost-benefits arising thereof from the application of budgetary allocations inform the public-spending policy to be recommended to the House by the Public Accounts Committee that will determine the chances for a safe passage of the budget in the House. The Public Accounts Committee in formulating and recommending the public-spending policy to be followed is guided by the reports and recommendations of the Comptroller General as well as that of the Auditor General, not excluding however, the committee’s capacity to co-opt the services of accredited experts in the relevant fields. The Public Accounts Committee also has the responsibility of receiving the performance and financial audit reports from the Auditor General on the general performance, financial position and the application of public funds allocated to public sector bodies before forwarding the same to the floor of the Lower House for debate and deliberation on the contents and recommendations set out therein. Public Administration Committee This is a parliamentary watchdog committee on public sector bodies and organisations throughout the entire public sector from the public service at the national level to the local level bureaucracies including the quasi government organisations (QUANGOS). Its mandate includes oversight, inquiry and review of the entire public sector programmes and policy outcomes. In this regard the committee is empowered to make inquiries into the operations and dealings of various public bodies confining itself however, to the policy outcomes in administrative and actual service delivery matters in its endeavours. Its jurisdiction extends to include even the executive agencies under the presidential executive prerogative as well as all government ministries and agencies. The findings of its inquiries determine the level and availability of funding, any particular public sector programme or government operation and undertakings will be entitled to. The Public Administration Committee therefore also aids in shaping the public-spending policies and as such works closely in conjunction with the Public Accounts Committee.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

It is this committee that receives and handles the reports from the Ombudsman on public sector issues. It is also the committee that is mandated to shortlist proposed persons for the position of commissioners of the Central Public Bureau, which list is then presented in the Lower House for approval after which the shortlist is presented to the President who proceeds to select the number of commissioners required to fill the vacancies available. The committee may summon commissioners of the Central Public Bureau as well as other ministry and public officials and officeholders to appear before it during inquiries. Parliament Business The House Business Committee of the Lower House comprising Members of Parliament in the Lower House and the Steering Committee of the Upper House of parliament that includes delegates from umbrella bodies and super delegates selected from among House delegates from various common interest groups that lack representation and membership in umbrella bodies, are the two committees responsible for setting and preparing parliamentary agenda in the respective House chambers they belong to. As such, they determine the programme for sessions in Parliament and are also entrusted with the responsibility of setting out the parliamentary calendar as to include periods of recess and the time frame assigned for such recess before the resumption of duty as well as the expected date of dissolution of the Lower House in the case of the House Business Committee. The Steering Committee is also empowered to determine the membership of ad-hoc working committees of the Upper House. In addition to this, it is vested with the authority to determine the membership of the Upper House delegates in the composition of the joint house committees. However, in exercising such authority the Steering Committee shall be guided and heed to the interests and expertise of the delegations and delegates.

Bureaucracies
It comprises all public bodies consisting of non-elected public officials, from the national to the local level i.e. the public sector including the Central Public Bureau, government ministries, government agencies and other public officeholders at the central state level as well as the quasi-government organisations at the regional sub-national level.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

The bureaucracies are responsible for public service delivery including for instance putting up and maintaining infrastructure and public utilities as well as implementing government policies for the benefit of the citizens of the nation. In respect to implementation of government policies, these bureaucracies may be categorised according to their pecking order as such: The government ministries form what may be referred to as the vanguard of the state in public service delivery and policy initiatives while the government agencies and the subnational quasi-government organisations form the rearguard in the state policy cycle. In this regard, the government ministries are the primary policy vehicles of the state, with the sub-national quasi-government organisations being secondary government policy vehicles and the government agencies coming in as alternative government policy vehicles in the realm of state policy and planning. However, though the government ministries revel in their splendid role and primacy as key state machinery in public service delivery, the rearguard comprising the government agencies at the national level and the quasi-government organisations at the sub-national level form the infantry and are primarily responsible for the implementation and the resultant realisation of government policy objectives and actual public service delivery on the ground. In a nutshell, these bureaucracies are the cogwheels that run the government machinery for which they use the public funds in the form of state revenue to oil the running process of government.

Central Public Bureau
The Central Public Bureau is the highest public service organ concerned with the formulation of public service policy and programmes in all the government ministries as well as monitoring and regulation of public sector activities by government agencies and quasigovernment organisations at the sub-national level. It also holds a residual interest in all matters of public service delivery and as such is vested with the power to veto any measures taken in respect to public service delivery mechanisms which it deems unfit. In exercising overall oversight over public service delivery, the Central Public Bureau is mandated to formulate, approve, regulate, revise and fund public sector programmes at the national level through the administrative channel of government ministries or at the sub-

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

national level through the quasi-government organisations in which it holds a residual interest as well. It is also mandated with the hiring of ministry officials including senior government officers like the deputy minister, permanent secretary and the departmental directors in the ministries. It sets the standards and discipline that guide the ministries in their operations where the deputy minister and the permanent secretary as well are guided by the public service directives of the Central Public Bureau in discharging their duties. Its residual interest in the public service is such that, it can veto policy directives from the cabinet or the cabinet minister concerned which veto can only be overruled by a ruling of the respective Departmental Joint House Select Committee, after exhaustive deliberations on the policy matter. As such, the deputy minister being the head of policy issues at the ministry must ensure policies from the cabinet and ministerial directives are consistent with the guiding principles and practices of the Central Public Bureau before assimilating the same in the ministry. The Central Public Bureau is headed by commissioners from a shortlist of candidates compiled by the Public Administration Committee and approved by the Lower House of Parliament.

Government Ministries
They are divided along various public service segments for instance health, internal security, defence among others i.e. they are rather departmentalised in nature. They are concerned with policy issues in their respective segments. They are responsible for implementing central government policies in the areas they cover. They also oversee and co-ordinate the activities of other government agencies in their segment. They form the channels through which the central government funds its operations. The government ministry is the primary and most vital vessel for the implementation and the eventual realisation of government objectives in public service delivery. The respective cabinet minister who gives general direction in the running of the ministry and also communicates the government policy in respect to that ministry heads the ministry. The cabinet minister is empowered to make ministerial directives in respect to public concerns specifically falling within the ambit of his ministry.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

He also oversees and supervises the implementation of necessary laws that have a direct implication on his ministry which responsibility he is directly accountable to parliament as well as government policies in his ministry. The ministry being the cornerstone of public service delivery and the realisation of government policy objectives, the cabinet minister is vested with the power to establish various quasi-government organisations meant to aid in building capacities of the local governments in public service delivery. Such quasi-government organisations are however limited in their scope of operations to the specific departmental objectives assigned by the respective ministry in a particular subnational region-specific scale of operations. In doing this, the minister is guided by a General Act of Parliament establishing the parameters of creation and operations of the quasi-government organisations as well as determining the minister’s responsibility in creation and operations of such bodies. The deputy minister, a public official appointed through the Central Public Bureau, oversees policy issues in the ministry and is thus responsible for restating government policy from the cabinet and aligning it with the practices and principles of the Central Public Bureau before the eventual implementation of the policy by the ministry. The Permanent Secretary is the administrative head in the ministry whose responsibility is limited to the routine management and the day-to-day running of the ministry. He is a bureaucrat appointed by the Central Public Bureau. The director in the ministry is the co-ordinator and chief liaison officer of the ministry responsible for co-ordinating ministry operations and liases with government agencies in a bid to align their activities with the objectives of the ministry.

Government Agencies
They are autonomous specialised government institutions comprising for instance the investigative and forensic agencies, national health referral facilities, scientific and research facilities, regulatory bodies, state revenue authorities, National security and intelligence facilities, institutions of higher learning and other highly-specialised task-mandated public bodies and corporations. They are part and parcel of the state bureaucracy at the national level. They are operationally independent responsible for their own policy formulation and implementation in their field of expertise and specialisation.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

They are however required to liaise with the departmental directors in the respective government portfolios for co-ordination and alignment of their operations with the government policies and public service objectives. They constitute the alternative policy vehicle for the government as they are operationally independent of the government and may only be put to task by parliament through the Public Administration Committee on their policy outcomes. Their scale of operations covers the entire nation where they are empowered to exercise unfettered executive authority on all matters falling within their scope of operations countrywide. This includes a nationwide residual executive discretionary right on issues falling within their area of specialisation throughout the nation for instance the Criminal Investigation Department has jurisdiction over all cases involving forensic investigations. Directors nominated by the Prime Minister and appointed by the President after being vetted by Parliament head these institutions. The directors of the agencies act independently without undue influence from any persons or authority and enjoy a security of tenure. However, they may be summoned by their respective Departmental Joint House Select Committees to give information during investigative inquiries by the committees.

Devolved Government Structure
A multi-level structure of government is the best and most practical means for devolving state power and resources to the lowest and most basic level of the social order. For the proper functioning and effectiveness of such a government each level of government must have some considerable measure of autonomy in running the affairs of its jurisdiction. To effectively utilise their autonomy, sub-national governments must build adequate capacities in terms of resources and skills in running their territories. In fully developed federal states the sub-national governments exercise exclusive control over the affairs of their territorial jurisdictions, which is as a result of their ability to be self-reliant and run their own programmes and projects independent of the central government. These regional governments tend to have reliable revenue streams within their territories as well as long tradition of self-governance thus their steadfastness.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

However in the case of Kenya where resource distribution is highly skewed with most regions lacking financial as well as technical capacities to run a fully fledged sub-national government, a pseudo-federalist approach to governance would be the most appropriate. In this case there would be semi-autonomous regional meso-governments exercising unfettered discretion over local level prioritisation and resource mobilisation with the central government being a mere facilitator and enabler of the sub-national outfits i.e. the rise of the strategic state.

Regional Governments
It is made up of constituency-level meso-governments in the form of Constituency Development Committees and the metropolitan governments i.e. city councils and the composite amalgamated local authorities. The constituency committees are mandated with constituency-level prioritisation and resource mobilisation. They set the development agenda at the grass roots level. Constituency Development Committees They are committees at the constituency level mandated with the setting of the development agendas of the constituencies. Such development includes the setting up of various public utilities and infrastructure as well as the staffing exercises of various public service personnel at the constituency-level for instance the police under the direction and guidance of the legislation-enabled; Ministry-established; Central Public Bureau-mandated and local government-authorised respective Quasi-government organisation which is responsible for capacity building of these meso-governments in public service delivery through technical assistance and Central Public Bureau-sourced funding for such public sector programmes. Essentially, the Constituency Development Committee sets and runs the constituency development programme for which it exercises complete autonomy. However, their plans and projects are subjected to set standards of the CPB whilst the funding of the projects is done through the Local Committees in the Office of the Comptroller General. Each constituency is allocated a fixed constituency-specific amount of money through the constitution-entrenched Constituency Development Fund. All constituencies are entitled to the CDF as well as the right to keep and utilise whatever proceeds they make from the employment of the CDF funds while maintaining accounts of such endeavours with the local committees of the Office of the Comptroller General, which are responsible for procurements, and disbursement of public funds at the constituency level.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

As such, the Constituency Development Committee is only vested with micro-level economic planning and prioritisation responsibilities where it unilaterally decides and determines the specific application of the allocated Constituency Development Funds but does not handle the funds and the actual application of the funds is entrusted to the local committee of that constituency in the Office of the Comptroller General. Once the projects are completed, the Constituency developments Committees are not mandated to run and manage the public installations they put up. The running and routine management and maintenance of all public facilities at the local level are the responsibility of the local authorities in that area. The members of the committees are nominated by a parliamentary candidate as part of his campaign for the parliamentary seat. The election of the parliamentary candidate also serves as an endorsement of his team, which then becomes the Constituency Development Committee for that particular constituency. However, failure of the Constituency Development Committee to deliver could lead to a recall parliamentary election. Such a recall parliamentary by-election is possible with the collection of the necessary number of signatures proportionate to the population of the constituency bearing a truly representative constituency outlook compiled in an election petition which once delivered and verified by the Speaker of the Lower House then obliges the Speaker to declare the particular parliamentary seat vacant paving the way for a recall election. Local Authorities They include the city, municipal, county, and other urban councils and authorities. They are responsible for all urban centres as well as outlying areas that lay adjacent to these urban centres. The local authorities are relatively autonomous administrative and planning bodies at the local level. They are also charged with law enforcement and provision of public and social services as well as the running and managing of the public utilities in their territorial jurisdictions. In addition to their day-to-day duties and responsibilities, the local authorities are also mandated to manage all utilities and facilities set up by the development committees of the constituencies. This is considering the implicit knowledge and the experience not overlooking the technical capacities and expertise they possess in public utilities management.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

In managing such utilities the local authorities are not entitled to any grants or any direct funding from the state however, they are empowered to collect revenues as well as user charges accruing within their jurisdictions from individuals and institutions operating in those areas. They may also receive grants from other sources including through private financial partnership programmes with other local authorities abroad as well as other organisations. The local government are however, entitled to state funds through the Quasi-government organisations operating in that particular territory of the local government. The quasi-government organisations are specialised infra national departmental capacitybuilding bodies which give technical assistance and government funding for sector-specific programmes being instituted and run by the local government for instance education, health and so on as well as the constituency-level constituency development initiatives of the Constituency Development Committee, but with the authorisation of the local government in that area. The local authorities are autonomous entities exercising their discretion independently without any undue influence. The councillors are elected to serve for a term of four years before seeking a fresh mandate at the general elections. The mayoral election coincides with the parliamentary elections and the winner in the election becomes the mayor. However, mayoral elections are only conducted from the municipal council level to the city council i.e. in the metropolitan governments only. The local authorities below the municipal council level, save for the composite local authorities comprising two county councils and the enjoined urban authorities in the absence of a proximate-situated municipal council, may only elect their councillors who following their election are then supposed to organise and conduct aldermanic elections to elect aldermen from among themselves to sit as members of the Executive Committee of the municipal council to which such urban council may be enjoined as a cost-cutting measure in respect to administrative and service delivery expenses. The Executive Committee headed by the Mayor is the body vested with the executive authority at the sub-national level as a metropolitan cabinet-government and thus mandated to run the local government comprising the municipal council and the enjoined adjacent urban authorities as well as the outlying areas forming the frontiers of the local government collectively operating as a sub-national quasi-confederacy.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

The Executive Committee, once constituted, is then responsible for the appointment of local administrators who are assigned to manage the affairs of the various enjoined urban authorities and outlying frontiers under the supervision of the councillors from the assigned areas. Local authorities may only be enjoined to the municipal council or in the absence of such municipal council two county councils and the nearby urban authorities may be merged to form a composite local government equal in standing to a metropolitan government comprising municipal quasi-confederacies or the city councils. In the city councils the councillors may elect anyone to become an alderman without one having to be a councillor as a prerequisite for election as an alderman. However, only aldermen and the Mayor constitute the Executive Committee of the local government. Once elected at the aldermanic election one remains an alderman and member of the Executive Committee for the entire four-year term. The inhabitants of the local government popularly elect mayors. In the case of the municipal councils the people in the enjoined local authorities and the outlying frontier regions take part in the election of the mayors as well.

The Strategic State
The state has in the past played housekeeping roles and offsetting functions, which having been rather interventionist in nature, required minimal input from the citizenry. These rather interventionist roles of the state brought about the bulky, ineffective and rather intrusive big brother state, which has been aptly described as a rather arthritic octopus and an inept leviathan. Contemporary statecraft requires the state to go far beyond its mundane traditional interventionist roles and become involved as a broker and partner in participatory planning and policymaking. This calls for an integrative and interactive regime, where the citizen has a recognized voice on matters of substance and procedure in the public realm through the principle of subsidiarity, which requires that power be devolved to the lowest local institutions closest to the citizen and capable of handling public service tasks.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Assimilation and utilization of the concept of subsidiarity would see drastic reduction in the vertical hierarchical power in governance thus increasing in a meaningful way the potential for broad participation. This would bring about a trend towards the demise of the big brother state with its rather reductionist, exclusive and tokenistic approach to public service delivery borne by the hugely centralized bureaucratic hierarchical line departments that are characterized by a highly topdown decision making and administrative process that does not take into account the appropriateness and effects of the public service programmes in respect to public policy, priorities and preferences in a particular setting. This thus leads to misalignment of the public service outputs with public needs resulting in major distortions of expected and projected outcomes from the public service delivery programmes and policies. The new and lean strategic state is founded on the premise that the central state focuses on the norms and the periphery on delivery. In which case the central state is responsible for the norms, standards, general directions and values while the devolved unit takes the lead in the process of ministering to the public and of delivering a service well adapted to its needs. Such a governance framework requires dynamic policy process inter-linkages and coordination of centre-periphery operations in order to avoid duplication of tasks and the concomitant lack of a clear-cut sense of purpose leading to policy paralysis coupled with public programme and financial management gridlocks and fragmentation. New partnerships and skills involving strategic management through consultancy and advisory recommendations and evaluations envisaged in the prescriptive role of the central state-mandated regional and sectional special forums would alongside devolved units properly enabled under the principle of subsidiarity promote communication and co-operation through capacity building and provision of the necessary technical assistance help the local government in mobilizing the local citizenry in dealing with the local public matters in ways that suit them and the prevailing situation. These new kinds of institutions requires the central state to restrict itself to providing a problem setting, framing the context of the situation and the boundaries and scope of public attention, while allowing the bureaucrats and the residents through these forums to deal with the specific situations, making their own decisions based on their perception and appreciation of the peculiarity of the situation.
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Community Development Committee
It is a development constituency level committee that runs parallel to the Constituency Development Committee. Its terms of reference are similar to those of the Constituency Development Committee with the variation being in their approach to constituency development. Whilst the Constituency Development Committee acts autonomously in serving the community, the Community Development Committee is responsible for implementing region/constituency-specific government policies. It also acts as a feedback mechanism for the government on the viability of government initiatives in the area. Unlike the Constituency Development Committee, the Community Development Committee is fully dependent on government allocations which sums are dependent on the policies and priorities of the central government. They serve as alternative vehicles for the government to make and execute its policies according to the priority and need basis of each region and the peculiarity of the circumstances of each region as perceived and articulated at the grass roots level by the residents of that area. Though the government determines the composition of these committees, these committees must be made up of residents residing in the area. Such residents may be eminent persons in the area especially in opposition strongholds if such committees are to be used as a tool for campaigning and endearing the government to the local people by positioning themselves as constituency development committees in waiting. However, like the constituency development committees, they are only entrusted with planning responsibilities only limited to the constituency level. As such they access funds allocated to them through the local committees, which are vested with the responsibility of disbursing allocated public funds at the constituency level. Community Development Committees are not specialized and their operations cover the entire sphere of public service delivery and public welfare at the constituency level. As such depending on the circumstances they may be used to bolster the Constituency Development Committees in their endeavours for instance in places where the government won the parliamentary seat or as an alternative to the Constituency Development Committee where the government lost the parliamentary seat. Whilst the committees may to a large extent be under the exclusive control of the government their funding is greatly dependent on the public spending policy adopted by the parliament
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

guided by the reports of the Comptroller General based on the feedback received from the local committees in the constituencies. This is in addition to annual audits by the Office of the Auditor General as well as scrutiny and inquiries into committee operations by the Ombudsman whose recommendations are binding on the Central Public Bureau as the body with the residual interest in all public service matters and thus empowered to take actions geared towards injecting and upholding professionalism in these forums as it deems fit. The committee is constituted of individuals including for instance losers in the party nominations of the ruling party as well as parliamentary election losers from the government side. The committees receive directions from the Secretary to the Cabinet, who acts as their head and liaison in the Cabinet, guided by and based on the government policy and the feedback from the committee.

Quasi-Government Organisations (QUANGOS)
These are regional departmental special purpose vehicles with area-specific mandates. They are created by the minister in a central state effort to ensure best practices and standards in public service delivery are upheld by the devolved government units through capacity building and provision of specialised technical assistance and funding coupled with dynamic monitoring from above as well as reliable feedback mechanism from below. As such, the quasi-government organisations play a prescriptive role in an advisory capacity to the sub-national governments on specific sectional matters falling within the mandate of the ministry under which the QUANGOS is authorised to operate for instance health, education, internal security. The QUANGOS assists in enhancing and advising on the acceptable standards to determine operational guidelines and the practices including the appropriate personnel requirements that are best tailored to suit the specific needs and circumstances of the public service bodies operating in a particular area as well as funding such public sector programmes. They therefore simply configure the most appropriate modes of public service delivery mechanisms from specifications formulated through policy directives of the local government and according to the needs and preferences of the local residents in that area. They then help in realigning such operations with the overall national aspirations by determining the availability of any extra funding for the public programmes and projects in that area.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

Their scale of operations is limited to the territorial jurisdiction of the local government within which they operate with the scope of their activities confined to the public concern segment of the ministry they serve under. Quasi-Government Organisations are operationally independent but rely on the state for funding. Once established through a ministerial directive under the General Act regulating and guiding the establishment and subsequent activities and relations of the QUANGOS, the institution is consequently reverted to the general direction and supervision of the Central Public Bureau as a result of its residual interest in public service policy and delivery mechanisms. The Central Public Bureau is the one responsible for monitoring and funding of the QUANGOS in a bid to ensure professionalism in public service delivery. However, it may only intervene in the operations of these bodies as a remedial action in its capacity as a public service regulator. Quasi-Government Organisations are staffed with bureaucrats who are technocrats and are thus employed according to their expertise and skills in respect to particular fields of public sector.

Auditor General
The Auditor General is charged with the responsibility of auditing public sector finances and performance. In discharging his duties he is empowered to have complete and total access to records in all public sector agencies. He makes an annual audit report addressing and detailing the situation of public service delivery as well as application of all disbursed public funds, which he then presents before Parliament through the public accounts committee. In discharging his duties the Auditor General is not under direction or control of any person or authority.

Comptroller General
He is the controller of the national budget. Once the Ministry of Finance prepares the budget he then takes the responsibility of disbursing the funds as per the allocations by the Finance Ministry. Once the funds have been disbursed he compiles a report confirming that the funds were promptly and properly disbursed to the areas the funds were allocated.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

He does not take part in the allocation of funds only in the disbursement; however, he may make very influential and persuasive remarks on the budgetary allocations by the Ministry of Finance which he submits to the public accounts committee to act as a guideline when making recommendations as to the passing of the budget once presented before Parliament. In discharging his duties the Comptroller General works independent of any undue influence from any person or authority. In order to work more effectively he oversees a series of local committees operating at the constituency level, which bear the responsibility of disbursing the CDF funds from the national coffers through the Office of the Comptroller General. The Office of the Comptroller General acts as the custodian of the treasury and all access to the public funds must be made through it. It is therefore the Comptroller General who essentially avails funds for all appropriations made by the Ministry of Finance and passed by parliament. The Ministry of Finance on the other hand is mandated to make and oversee the implementation of the national fiscal policies as well as making the budgetary allocations necessary for running the government and funding government programmes.

Ombudsman
He is appointed and authorised to receive and investigate complaints made by individuals against abuses or capricious acts of public officials. His jurisdiction covers the entire public sector. He investigates acts and the complaints thereof that cover issues of a non-litigious nature and those that would be unsuitable for litigation for instance cases of delays in issuance of various national documents and public service delivery generally. To discharge his duties effectively he is assigned staff to work in field offices throughout the country where individuals can make their complaints. The Ombudsman is also responsible for conducting public awareness programmes aimed at sensitising the public on their rights and what should be their expectations as regarding service delivery by public service officials and agencies as well as public information access service to assist the public in accessing crucial information on various government services. The Ombudsman makes periodic reports to act as scorecards and indicators of the quality of service delivered by public officials and institutions on the basis of for instance the number of complaints received by the Ombudsman within a specific period of time. As such though his
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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.

role may seem predominantly reactive he also has a proactive responsibility in monitoring public service delivery in the public sector. The Ombudsman may make inquiries into all complaints against public officials submitted to him. On completion of the inquiry the Ombudsman compiles his findings and may make recommendations for disciplinary actions to be taken against the culprit(s). His recommendations are binding on the public service authorities mandated to take disciplinary measures against such individuals. The mandate of the Ombudsman originates from the Parliament and as such he is the Legislature’s watchdog in the public sector with respect to public service delivery. In this respect he tables an annual report before Parliament through the Public Administration Committee on the operations of the Office of the Ombudsman for that year.

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Kinyua T. Kihara 2008, Moi University, Eldoret, Kenya.