Three Senior County Officials Risk Jail After Ignoring Ombudsman Summonses
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The Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, has recommended the prosecution of three senior county government officials for failing to honour lawful summonses issued during investigations into public complaints.
The Commission forwarded the files to the Office of the Director of Public Prosecutions (ODPP), asking it to consider prosecuting the officials under Section 52 of the Commission on Administrative Justice Act, 2011.
The officials are Habiba Galgalo, Chief Officer for Finance in Isiolo County, David Baariu Mwirabua, Acting County Secretary in Meru County, and Wahome Koinange, County Secretary in Laikipia County.
The case involving Galgalo stems from a complaint against the County Government of Isiolo over delayed payment for consultancy services and the printing of materials related to a peace project completed in 2016.
According to the complaint, the county has failed to pay Ksh 3.93 million owed for the work despite the consultancy being completed within the agreed timelines.
The Ombudsman said it initially tried to resolve the matter through reminders and correspondence.
However, after receiving no satisfactory response, it issued a summons to Galgalo on March 4, 2026.
The summons was acknowledged on March 10, but Galgalo failed to appear for a hearing on April 7 and did not provide a valid reason for her absence.
The Commission noted that five other pending matters involving non-payment and failure to comply with summonses are also linked to her office.
Ombudsman Says Meru County Secretary Failed to Respond
In Meru County, the Commission investigated complaints about delays in remitting retirement benefits to the Local Authorities Pension Trust Fund (LAPFUND).
Retired workers claimed their benefits had not been forwarded as required, prompting them to seek the Ombudsman’s intervention.
The Commission said it sent several letters to Acting County Secretary David Baariu Mwirabua but received no response.
As a result, it issued a summons on January 20, 2026, which was served two days later.
Mwirabua failed to attend a hearing scheduled for March 3 and did not provide any explanation.
The Ombudsman described his conduct as “persistent and egregious official misconduct.”
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Laikipia County Secretary Also Missed Hearing
The case against Laikipia County Secretary Wahome Koinange arose from a complaint alleging inaction, delays, unfair treatment and injustice by the county government.
During investigations, the Commission summoned Koinange on February 10, 2026.
Despite receiving the summons, he failed to appear at a hearing on March 3 and did not give any lawful reason for his absence.
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Ombudsman Says Conduct Undermines Public Service
The Commission said the actions of the three officials amount to misconduct and maladministration.
It noted that public officers have a constitutional duty to uphold accountability, responsiveness and high standards of public service.
“Failure to comply with a lawful summons issued by the Commission constitutes a breach of statutory duty and undermines the constitutional values and principles of public service,” the Commission said.
The Ombudsman added that its investigative powers are anchored in the Constitution and the Commission on Administrative Justice Act.
Officials Risk Fines and Jail Terms
Under Section 52 of the CAJ Act, failure to honour a lawful summons is a criminal offence.
The law provides for a fine of up to Ksh 500,000, imprisonment for up to two years, or both upon conviction.
The Commission said it has now handed over the files to the ODPP, which has the constitutional mandate to institute criminal proceedings in Kenya.
“Considering that the ODPP is the office mandated under Article 157 of the Constitution to institute criminal prosecutions in Kenya, the Commission has forwarded the files to the ODPP for the prosecution of the three officers under Section 52 of the CAJ Act, 2011,” the statement said.
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Three Senior County Officials Face Prosecution Over Ignored Ombudsman Summonses
PHOTO/Ombudsman
