Auditor General Nancy Gathungu has exposed major gaps in the legality and management of Huduma Kenya Secretariat, warning that the vital citizen service centres have operated for over a decade without a legal or policy framework to guide their existence.

In her audit report for the 2023/2024 financial year, the Auditor General noted that the Huduma Kenya Secretariat, established in 2014 through Gazette Notice No. 2177, continues to run without the legislation or policy required to formalise its operations.

“In the circumstances, the legality of the Huduma Kenya Secretariat operations could not be confirmed,” Gathungu stated in the report.

The audit further revealed that the oversight body known as the Service Delivery Summit, which was expected to meet twice every year as per the gazette notice, had no evidence of such meetings.

No minutes or documentation were availed to prove the committee ever convened.

Likewise, the Technical Committee, composed of the Cabinet Secretary for Devolution or Interior as chair, along with nine Principal Secretaries and the Solicitor General, has failed to develop the policy and legal framework needed to anchor the Secretariat’s operations in law.

Gathungu warned that this failure to comply with the establishment guidelines threatens the legitimacy of Huduma Centres, which serve as central points for accessing critical government services.

These services include applications for National ID cards, birth certificates, driving licenses, KRA PINs, police clearance certificates, and access to HELB, NHIF, NSSF, and passport services.

The report also raised red flags over the occupancy of 23 Huduma Centres located within buildings owned by the Postal Corporation of Kenya (PCK).

According to the audit, there are no formal lease agreements between Huduma Kenya and PCK, casting doubt on how rent and utility payments are being handled.

The Postal Corporation has since lodged a claim amounting to Sh1.66 billion for rent and utilities, but a legal opinion from the Attorney General advised that the matter be handled through negotiations.

The opinion recommended that PCK engage the Accounting Officer at the State Department for Public Service to agree on a suitable payment. Should talks fail, the matter is to be escalated to the Chief of Staff and Head of Public Service for mediation, as provided under Section 68 of the Public Finance Management Act, 2012.

The Auditor General noted that verification of the exact space occupied by Huduma Centres within PCK premises is still ongoing. “In the circumstances, the legality of the occupation of the Posta premises by Huduma Centres could not be ascertained, and this may affect operations,” the report cautioned.

In addition to the Huduma-related issues, the report exposed several weaknesses within the State Department for Public Service. A key concern was poor succession planning, with 60 per cent of the department’s 294 staff aged above 45, posing a risk of knowledge and skills loss in the near future.

The age breakdown shows that staff aged 24–35 make up 15 per cent; those between 36–44 years are 25 per cent; 45–54 years form 34 per cent; while those aged 55–64 account for 26 per cent.

“This indicates poor succession planning… Effectiveness of internal controls relating to Human Resource Management could not be confirmed,” the report states.

The Auditor General also highlighted the department’s failure to establish both an IT Strategy Committee and an IT Steering Committee, contrary to ICT Authority standards. This has left the department exposed to risks surrounding information security and lack of oversight on ICT resources.

Payroll inspection revealed legal breaches, with nine employees found to have salary deductions that exceeded one-third of their basic pay, going against Section 19(3) of the Employment Act, 2007.

“In the circumstances, Management was in breach of the law,” the report reads.

Concerns over ethnic imbalance were also flagged, with 117 out of 294 staff, representing 40 per cent, coming from the same ethnic community.

Among senior positions (Job Group P–U), 34 per cent also belong to the same group, violating Section 7(2) of the National Cohesion and Integration Act, 2008, which limits staffing from one ethnic group to a maximum of one-third in public institutions.

“In the circumstances, Management was in breach of the law,” the report concludes.

The findings put a spotlight on widespread administrative and legal lapses that threaten the operations of Huduma Kenya and the broader public service system.

The Auditor General’s report calls for urgent reforms to restore credibility, legality and fairness within the affected institutions.