ADMINISTRATIVE

ii) That there was negligence in the performance of duty by the Officer
Commanding Police Division for Makadara who had issued a wrong statement
to the media.
iii) That there was abuse of power by the Officer Commanding Police Station of
Industrial Area Police Station for directing the Investigating Officer to refund the
cash bail for the suspects without any reasonable ground and in contravention
of Section 176 of the Criminal Procedure Code.
iv) That the Deputy OCS in charge of crime at the Station acted in dereliction of
duty by failing to supervise the investigation process to ensure the opening of a
file, recording of statements, entry of the case in the Crime Register and arrest of
suspects.
v) That there was inordinate delay by the Station to act on the report.
The Commission, therefore, recommended the following:
i) That another team of investigators be assigned to promptly and conclusively
investigate the matter and take appropriate action.
ii) That disciplinary action be taken against the officers who failed to perform their
duties in respect of this matter.
iii) That there is need to develop guidelines for investigation of cases, including
timelines for conclusions of investigations.
iv) That the National Police Service should provide refresher courses on
investigations for police officers and bring their attention to Chapter Six and
Article 244(b) of the Constitution
Another investigation undertaken relates to the conduct of the principal of Ngara Girls’
High School in Nairobi with respect to misuse of school van and presence of ghost
students and workers. There were also allegations that the principal had also failed to
convene the 2012 annual general meeting for the School. The investigations revealed
the following:
i) That there was misuse of the school van by the Principal of the School who
had converted it for conducting her private business of supplying eggs to other
schools and establishments.
ii) That there was a discrepancy in the list of additional students submitted by the
School to the Ministry of Education, Science and Technology, and the actual
number of students at the School. This pointed to the existence of ghost students.
iii) That there were no ghost workers at the School
Based on the findings, the Commission recommend as follows:
THE COMMISSION ON ADMINISTRATIVE JUSTICE
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i) The Teachers Service Commission should caution the Principal of Ngara Girls
High School over misuse of the school van