ADMINISTRATIVE

2.8. INVESTIGATIONS AND RESEARCH
2.8.1. Introduction
The Commission is empowered under Article (59)(h-k) of the Constitution and Section
8(a-c) of the Act to investigate any conduct in state affairs or any act or omission in
public administration in any sphere of Government in regards to abuse of power, unfair
treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official
conduct. The investigations may be founded on a complaint by the public or own motion
(suo motu) initiative by the Commission.
Based on the above mandate, the Commission adopted an investigations strategy
focusing on individual, own motions and systemic complaints. Through this strategy,
the Commission was able to conduct targeted investigations on specific and systemic
complaints during the reporting period. Systemic investigations were conducted on
complaints that related to inherent structural and procedural weaknesses that affected
service delivery. Generally, the investigations aimed at righting the wrongs, and
improving public administration. Pursuant to the foregoing, the Commission conducted
the following main investigations during the reporting period.
2.8.2. Investigation 1: Complaint of Encroachment on Private
Land by The Embu County Government
The Commission conducted investigations on a complaint of encroachment on private
land by the Embu County Government. Specifically, it was alleged that the County
Government had constructed a bridge and road on land parcel numbers Gaturi/
Nembure/4348 and 4349 belonging to Margery Marigu without her consent or
compensation. The investigations revealed the following:
i) That there was a road diversion into the complaint’s land occasioned by rerouting
of the original public access road as captured in the Register Index Map
(RIM), Sheet Number 61 for Central Province.
ii) That the Embu County Government had constructed a bridge on the road
traversing the complainant’s land, which also destroyed trees and crops valued
at KES 1,411,970.
iii) That the road was later re-aligned to its original position, the new road still
passed through the complainant’s land.
THE COMMISSION ON ADMINISTRATIVE JUSTICE
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