Ombudsman calls for Department of Immigration to refund overpayments to passport applicants

The Commission on Administrative Justice has released an investigation report, shedding light on alleged unfair practices in passport issuance by the Department of Immigration.

The inquiry was prompted by numerous complaints lodged through the Facebook page "Wanderlust Diaries Ltd," which accused the department of overcharging citizens for passport services.

During the report's unveiling, Hon Florence Kajuju, Chairperson of the Commission, urged the Ministry of Interior and Coordination of National Government, the Department of Immigration, and the National Treasury to implement the Commission's recommendations.

She emphasized that the ministry and department must submit an implementation report to the Commission outlining the steps taken to address the raised concerns.

Anne Ng'etich, Principal Administrative Secretary in the Ministry of Interior and Coordination of National Government echoed this sentiment, assuring the public that the Ministry would fully implement the Commission's recommendations.

She emphasized the need to enhance service delivery and alleviate the suffering of Kenyans who have endured delayed services at the Department of Immigration.

The investigation uncovered that all nine complaints regarding overcharged passport fees were valid, dismissing the Department of Immigration's claim that the applicants themselves had edited their applications to a lower series.

Moreover, the report highlighted the absence of an internal policy or procedure governing issues arising from passport processing, such as editing or cancelling applications, as well as the lack of an automatic refund mechanism for excess payments.

Delays in passport processing and the unavailability of specific passport series on the e-citizen platform were found to be primarily caused by two factors: delays in procuring blank passport booklets and frequent breakdowns of printing machines at the Department of Immigration.

While the e-citizen system has improved the efficiency of application and payment processes, it requires an upgrade to handle emerging trends effectively.

The investigation also revealed that the Department of Immigration failed to communicate to applicants when their requested passport series had run out of stock or seek their consent for a downgrade.

Additionally, after receiving passports with fewer pages, applicants were left uninformed about the refund procedure.

The absence of internal policies and procedures gave immigration officials undue discretion to address passport processing issues arbitrarily, leaving room for corruption, unnecessary bureaucracy, and abuse of power.

In light of the findings, the Commission recommends the following actions be taken:

1. The Principal Secretary of the State Department of Immigration and Citizen Services must conduct an audit of the NADRA system from 2021 to 2023 to identify all passport applicants who have not received refunds for their excess payments. The audit data should be provided to the Commission within three months of the report's release.

2. The Principal Secretary of the State Department of Immigration and Citizen Services is responsible for ensuring the prompt refunding of the nine complainants in this case and all other applicants identified through the system audit. A progress report on the steps taken should be submitted to the Commission within six months of the report's release.

3. The Principal Secretary of the State Department of Immigration and Citizen Services must devise and execute a strategy to expedite the approval of procurement requests for blank booklets and ensure the regular maintenance of passport printing machines to enhance efficiency and effectiveness. A progress report on the steps taken should be provided to the Commission within six months of the report's release.

4. The Director General of the Department of Immigration is tasked with formulating policy guidelines and procedures to standardize the management of passport application issues, including application cancellations, upgrades or downgrades, handling of urgent applications, and refund procedures. The Director General should report back to the Commission within one year of the report's release on the steps taken.

To further address the issues identified, the Commission recommends the following:

1. The Cabinet Secretary of the Ministry of Interior and Administration of National Government should allocate a higher budget to the Department of Immigration for the purchase of new high-capacity passport printing machines, servicing of existing machines, and provision of sufficient working tools to immigration officers.

2. The Director General of Accounting Services and Quality Assurance should consider upgrading the e-citizen system to automatically adjust payments in response to alterations made by both applicants and immigration officers. This should include introducing automatic refunds for downgraded passport series and consolidating payments for upgraded series.

3. The Director General of the Department of Immigration must take note of the maladministration identified in the investigation and implement measures to prevent its recurrence.

4. The Director General of the Department of Immigration should collaborate with the Commission on Administrative Justice to enhance the effectiveness of its complaint-handling infrastructure and customer care practices.

During the report launch, various officials were present, including Mr. Washington Sati, Vice Chairperson of the Commission, Ms. Mercy Wambua, Commission Secretary/CEO, heads of departments and units from the Commission, Mr. Charles Munyao, Director DQIS, Department of Immigration, and Ms. Wala Awakove, CEO of Wanderlust Diaries Ltd, among others.