#33 The NGEC Equality Bulletin Issue : The Invisible Economy
Usawa kwa Wote — Equality for All
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NGEC Kenya
Usawa kwa Wote
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Investigations & Redress
Our Work

Investigations & Redress

Providing inclusive, efficient, and rights-based access to justice for all

Investigations & Redress

Strengthening access to justice through inclusive and rights-based mechanisms

About This Function

The Commission is actively investigating complaints and facilitating resolution through mediation, referrals, and legal support. It also engaging in strategic litigation, particularly in cases with significant public interest or systemic implications.

1

Complaints Handling and Access to Justice

The Commission has established a robust complaints handling framework guided by the Complaints Handling Procedure Regulations (2022). It is providing multiple reporting channels ensuring accessibility for all citizens, especially those in marginalized communities.

Toll-Free Lines

Free telephone access for all citizens to report complaints from anywhere in Kenya.

Digital Platforms

Online complaint submission ensuring accessible and paperless reporting for tech-enabled citizens.

Physical Offices

Regional offices across Kenya providing in-person access to complaints and advisory services.

Community Outreach

Grassroots engagement bringing complaints handling closer to underserved communities.

Common Complaint Categories
Gender-Based Violence
Employment Discrimination
Denial of Services
Social Protection Violations
2

Case Management and Legal Interventions

The Commission is actively investigating complaints and facilitating resolution through mediation, referrals, and legal support. It is also engaging in strategic litigation, particularly in cases with significant public interest or systemic implications.

Mediation and Referrals

Facilitating alternative dispute resolution through mediation and directing complainants to appropriate bodies for specialist support.

High-Profile Court Cases

Active participation in landmark court proceedings that have systemic implications for equality and inclusion in Kenya.

Advisory Opinions

Submission of expert advisory opinions to courts and government bodies on matters of equality and non-discrimination.

Compliance Directives

Issuing binding directives to institutions found to be in breach of equality and inclusion obligations.

3

Rapid Response and Field-Based Interventions

To address urgent and emerging issues, the Commission is conducting rapid response missions across the country, targeting cases of violence, abuse, institutional neglect, and systemic discrimination.

Elderly Care Facility Assessments

On-site assessments of facilities caring for Older Members of Society to identify and address neglect and abuse.

Violence Against Women and Children

Swift field responses to cases of violence, ensuring survivors receive timely support and intervention.

Marginalisation Follow-Up

Follow-up on complaints related to marginalization of minority communities in service delivery and governance.

Policy and Institutional Reform

Translating individual case findings into broader systemic reforms and policy recommendations.

4

Community-Level Justice and Outreach

The Commission is decentralizing access to justice through legal aid clinics, community outreach programs, and collaboration with Court Users Committees, bringing services closer to citizens in remote and underserved areas.

Legal Aid Clinics
Community Outreach Programs
Court Users Committees
Remote Area Services

These efforts are contributing to a more responsive and inclusive justice system, with communities reporting violations more readily and accessing justice in a timely manner.

5

Legislative Review and Advisory

The Commission routinely engages in review of existing and proposed legislation and policies and issues advisories in order to enhance compliance and integration with the principles of inclusion, equality and freedom from discrimination. National, county legislative assemblies and institutions are encouraged to submit their proposed legislations for review and advisory on compliance with integration of principles of inclusion, equality and freedom from discrimination.

Parliamentary Bills/Policies/Regulations

Review of national legislative instruments for compliance with equality and inclusion principles.

County Assembly Bills/Policies/Regulations

Advisory on county-level legal instruments to ensure integration of non-discrimination standards.

Institutional Bills/Policies/Regulations

Review of institutional frameworks for alignment with equality and freedom from discrimination.

Existing Legislations/Regulations

Assessment of current legal instruments to identify gaps and recommend reforms.

6

Public Inquiries

The Commission investigates systemic, widespread, or serious violations of the right to equality and freedom from discrimination through public inquiries.

When NGEC Conducts a Public Inquiry

NGEC may initiate a public inquiry where:

There are serious or repeated violations of equality rights
An issue affects a large number of people or a specific group
The matter is of public importance or national concern
There is a need for in-depth investigation beyond routine complaints handling
The Public Inquiry Process
1

Decision to Initiate

NGEC formally decides to conduct a public inquiry based on identified issues, complaints, or emerging concerns.

2

Notice to the Public

A public notice is issued to inform the public about the inquiry, invite submissions (written or oral), and provide timelines and procedures.

3

Collection of Evidence

NGEC gathers information through written submissions from individuals and organizations, oral hearings and testimonies, expert opinions and research, and documents from relevant institutions.

4

Public Hearings

Open forums where affected persons and stakeholders present evidence. Witnesses may be summoned where necessary, and proceedings are conducted fairly and transparently.

5

Analysis and Findings

NGEC reviews all evidence to identify patterns of discrimination, determine responsibility, and assess compliance with equality and non-discrimination laws.

6

Report and Recommendations

A final report is prepared containing key findings, recommendations for corrective action, and proposed legal or policy reforms.

7

Follow-Up and Monitoring

NGEC tracks implementation of recommendations, engages stakeholders to ensure compliance, and may take further action where necessary.

How to Participate

Members of the public can:

Submit written memoranda
Attend and speak at hearings
Provide evidence or relevant documentation

Have a Complaint?

The Commission is here to help. Every complaint is taken seriously and handled with confidentiality and care.

Reach us via our toll-free line: 0800 720 187 or lodge a complaint online.

By the Numbers
200+
Cases Annually
2022
Regulations Gazetted
47
Counties Served
Free
Toll-Free Access
Complaint Process
1 Submit your complaint
2 Acknowledgement & assessment
3 Investigation & mediation
4 Resolution & follow-up
Learn More About the Process
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0800 720 187 Lodge Online