The Commission on Administrative Justice has issued a directive to the National Social Security Fund (NSSF), compelling it to publish its audited financial statements and annual reports, after findings revealed a failure to uphold constitutional access-to-information provisions.

Access to Information Commissioner Dorothy Jemator, in a formal letter addressed to the NSSF Chief Executive Officer, gave the fund a 21-day ultimatum to respond and outline measures taken to ensure compliance.

The letter followed a complaint lodged by an anonymous whistle-blower, who accused the NSSF of failing to update or publish its financial records on its official website.

Upon receiving the complaint, the Office of the Ombudsman launched an internal inquiry which confirmed that the NSSF had not published the required documentation, thus breaching Article 35(1)(a) of the Constitution.

The provision assures all Kenyan citizens the right to access information held by public bodies. Additionally, Article 35(3) mandates the state to proactively publish information deemed important to the nation.

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In the letter, Jemator wrote:

“This is therefore, to request you to respond to this letter within 21 days thereof indicating the corrective measures put in place by your Office to proactively disclose and regularly update the National Social Security Fund Annual Report and audited financial statements in order facilitate access to information to citizens hence upholding of Constitutional guarantees and statutory provisions.”

The Access to Information Act further obliges public institutions to avail records proactively and promptly, a standard which the Commission asserts the NSSF has failed to meet.

The Office of the Ombudsman, which serves as an independent constitutional commission, is mandated to enforce administrative justice and ensure transparency within public service.

By law, it also oversees the implementation of the Access to Information Act and investigates any unjust administrative action.

Failure by NSSF to act on the directive within the stipulated timeframe could see the matter escalated to relevant oversight and legal bodies for further action.