Editor's Review

The Office of the Ombudsman has directed the Mandera County Public Service Board to release detailed employment records dating back to 2013.

The Commission on Administrative Justice, also known as the Office of the Ombudsman, has directed the Mandera County Public Service Board to release detailed employment records dating back to 2013.

In a statement on Wednesday, September 3, the commission explained that the matter was triggered by an application from Mr. Ama, who, through the law firm of Kivuva Omuga & Company Advocates, sought information on the total number of employees hired by the Mandera County Government since 2013. 

According to the Ombudsman, the request also demanded a breakdown of employees by position, qualifications, designation, dates of employment, job descriptions, and clan affiliations.

With the County Secretary failing to act on the request, Ama escalated the matter to the commission.

On June 16, 2025, the Ombudsman engaged the Mandera County Public Service Board's CEO, giving the institution seven days to respond.

"The review application is based on the ground that no response was received from your office as required by the law. The Commission, pursuant to Section 22(3), ATI Act, 2016 and Regulations 25 (1) ATI General Regulations, 2023, hereby notifies you of the application and requests for your Institutional Report or further information which may be relevant to the request for information within seven days to inform appropriate directions on the application," the statement read.

File image of Commission on Administrative Justice Chairperson Charles Dulo

However, the CEO failed to respond.

The Ombudsman established that the requested information was held by the Board but some details such as dates of graduation and clan designations were subject to legal limitations.

As such, the Ombudsman has ordered that the Mandera County Public Service Board release the employment records and a breakdown of all employees by position, qualifications, and designation.

"The Chief Executive Officer is required to comply with these orders within twenty-one (21) days. In the event of non-compliance, the Commission shall recommend criminal prosecution against the Chief Executive Officer in accordance with Section 28 of the Access to Information Act, 2016," the statement added.

This comes months after the Ombudsman directed the Kenya Medical Practitioners and Dentists Council (KMPDC) CEO to submit crucial documents related to the regulation of dentistry in Kenya within seven days. 

In a statement on Friday, April 25, the commission noted that the directive stems from a request for information made by Dr. Kahura Mundia. 

According to the Ombudsman, Mundia had applied for a review after the KMPDC CEO allegedly failed to respond to his initial requests.

Among his concerns were the lack of clarity in the scope of practice for dental practitioners and auxiliary cadres, particularly Community Oral Health Officers (COHOs).

According to the Ombudsman, information Mundia sought included certified copies of the minutes from a February 27, 2025, meeting between the regulator and stakeholders that addressed alleged misregulation of dentistry, including illegal licensing and the revocation of scopes of practice. 

He also requested curricula from Kenya Medical Training College (KMTC) and Mount Kenya University (MKU) for COHO diploma and degree programs, as submitted to the regulator. 

Additionally, Mundia asked for regulator-issued internship logbooks for KMTC and MKU COHOs, as well as dental officers trained in Bachelor of Dental Surgery programs. 

He also sought documents outlining the current scope of practice for dental practitioners/dentists and COHOs. 

The Ombudsman noted that the documents inform the commission's decision on Mundia's pending appeal.

The commission stated that failure to provide the documents will force it to determine Mundia's appeal without input from KMPDC.

"Dr. Mundia's appeal cites the failure by the CEO, KMPDC, to respond to his initial requests dated 6th March 2025. The Commission has warned that if the CEO does not comply within the stipulated timeframe, it will proceed to determine the appeal without further input from the Council," the statement read in part.