The Public Service Human Resource Management Bill, 2024

SPECIALISSUE

Kenya GazetteSupplement No.206(National AssemblyBillsNo.51)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2024

NAIROBI,21stNovember,2024

CONTENT

| Bill forIntroduction into theNational Assembly- | Bill forIntroduction into theNational Assembly- | |------------------------------------------------------|---------------------------------------------------| | | PAGE | | ThePublicService Human Resource Management Bill,2024 | 995 |

THEPUBLICSERVICEHUMANRESOURCEMANAGEMENT

BILL,2024

ARRANGEMENTOFCLAUSES

PARTIPRELIMINARY

Clause

• 1Short title.
• 2-Interpretation.
• 3—Scope and Application.
• 4Conflict with other legislation
• 5-Object of thisAct
• 6-Guiding principles.

PARTII-RESPONSIBILITIESFORTHEMANAGEMENT OF

HUMANRESOURCES

• 7—Responsibility for themanagement of human resources.

PARTII-ESTABLISHMENTANDABOLITIONOF OFFICES

• 8—Power to establish offices.
• 9Meaning of establishment of offices.
• 10-
• Conditions for establishment ofoffice.
• 11—Power to abolish an office.
• 12-Conditions for abolition ofoffice.
• 13—Protection ofapublicofficer onabolitionof office.
• 14Guidelinesfor establishment and abolition of offices.

PARTIV-RE-ORGANIZATION OFOFFICES

• 15-Circumstances for re-organization.
• 16Redundancy

PARTV-APPOINTMENTSANDRELATEDMATTERS

• 17Power to make appointments.
• 18Guiding principles on appointment and promotion.
• 19Advertisement ofavacancy in public service.
• 20Record of applicants.

• 21-Acting appointments.
• 22-Appointment of acting vice chancellors and chief executive officers ofState corporations or public bodies.
• 23Criteria for appointments and promotion.
• 24Vetting.
• 25-Re-designation.
• 26Effective date of appointment,promotion and re-designation.
• 27Confirmation in appointment.
• 28-Decisions to be in writing
• 29-Provision of information on first appointment.
• 30-Transfer of service
• 31—Secondment
• 32-Leave of absence
• 33-Unpaid leave
• 34 -Sabbatical leave
• 35-Service on contractual terms
• 36Appointment of expatriates.
• 37-Volunteer service.
• 38- Casual service.
• 39—Internship.
• 40-Industrial Attachment
• 41-Nomination orrecommendation for appointment.
• 42Appointiment of Chairpersons and members of University Councils, Boards of State corporations or otherpublicbodies.
• 43Protection of accrued rights and benefits.
• 44Handing over.

PARTVI-QUALIFICATIONS

• 45Qualifications.
• 46Review of qualifications.
• 47-Publication of qualifications.
• 48-Application ofreviewed qualifications.

PARTVII-CONDITIONSOFSERVICE

• 49Application.
• 50-Determination ofconditions of service.
• 51Reviewof conditions ofservice.

PARTVII-TRAININGANDDEVELOPMENTINTHEPUBLIC

SERVICE

• 52—Training and Development,etc.

PARTIX-EFFICIENCYANDEFFECTIVENESSOFTHE

PUBLICSERVICE

• 53-Promotion ofefficiency and effectiveness in thepublic service.

PARTX-NATIONALVALUESANDPRINCIPLESOF GOVERNANCEANDVALUESANDPRINCIPLESOFPUBLIC

SERVICE

• 54 Promotion ofvalues and principles.

PARTXI-DISCIPLINARY CONTROL

• 55-
• General principles of disciplinary process.
• 56Investigations.
• 57—Compulsoryleave.
• 58-Notice to show cause.
• 59-Hearing.
• 60Penalties.
• 61—Types of penalties.
• 62-
• Entitlement topension.
• 63
• Suspension.
• 64Disciplinary control regulations.

• 65-Exclusion in respect to certain State officers.

PART XII-RESIGNATION,RETIREMENTAND RELATED MATTERS

• 66-Application of this Part.
• 67—Resignation.
• 68Grounds for retirement and access to pension benefits.
• 69Retirement on the basis of age.
• 70 Retirement on attainment of50years.
• 71 Retirement ongroundsofill health.
• 72 Retirement based on special contractual termsor special retirement scheme.
• 73Voluntaryretirement.
• 74 -Retirement decisions reviewable.
• 75-Payment ofpension
• 76—Death PARTXILI-APPEALSANDAPPLICATIONSFORREVIEW
• 77-Appeals.
• 78Reviews.

PART XIV-MONITORING,EVALUATIONAND REPORTING

• 79-Monitoring and Evaluation.
• 80-Human Resource Management Report.
• 81-Report tobepublished.

PARTXV-MISCELLANEOUSPROVISIONS

• 83-Delegation.
• 84 Action on irregularity of process.
• 85—Records management.
• 86Communication of decisions.
• 87-Service of notices,etc.
• 88-Access to information.
• 89-Conciliation,mediation and negotiation.
• 90-Contravention of this Act.

• 91—Offences.
• 92—Defence of Officers in Criminal or Civil Suits.
• 93— Cases not covered by this Act.
• 94Regulations.
• 95-Transition.
• 96Consequential amendments to other Acts

THE PUBLICSERVICE HUMAN RESOURCE

MANAGEMENTBILL,2024

A Bill for

AN ACT of Parliament to make provisions for uniform

norms and standardsofhuman resource management in the public service andfor connected purposes

ENACTEDby theParliamentofKenya asfollows

PARTI-PRELIMINARY

• 1.This Act may be cited as the Public Service Human Short title. Resource Management Act,2024.
• 2.In this Act,unless the context otherwise requires

"acting appointment"means temporary conferment upon a public officer,by a public service entity or a relevant lawful appointing authority,the power to perform dutiesof apublic office other than theoffice that the officer is substantively appointed tohold,while thepublicofficer continues to hold the substantive appointment;

"affirmative action"has the meaning assigned to it under Article 260 of the Constitution;

"appointment"means engagement of a person to a position or a job and includes acting appointment, reappointment,promotion and re-designation in the public service;

"Cabinet Secretary"means a Cabinet Secretary appointed under Article 152 of the Constitution and includes theAttormey-General appointedunderArticle156 of the Constitution;

termsofengagement underwhich payment is at the end of each day and the person is engaged for a period of less than twenty four hours at a time but in any event fornotmore than twenty one continuous days;

"chief officer"means an officer appointed under Section 45of County GovernmentsAct;

Interpretation.

"code of conduct" means any written standard that

guides the behaviour of public officers provided in legislation orissued by apublic service entity or any lawful authority;

"conditions of service" means any right or obligation relating to a publicofficer including

• (a) appointment;
• (b) salaries and allowances;
• (c) training and development;
• (d) staff performance management;
• (e) standards of conduct;
• (f)working hours including
• flexible work arrangements;
• (g) working environment;
• (h) leave;
• (i) medical care;
• (j) housing;
• (k) employee welfare;
• (l) counselling and wellness programmes;
• (m)transport;
• (n) water;
• (o) food;
• (p) grievances;
• (q) membership to a trade union;
• (r) disciplinary control;
• (s)removal or exit from service;
• (t) pension and retirement benefits;

"confirmation in appointment"means certifying a

public officer suitable for theposition heldupon completion of a probationaryperiod;

""constitutional commission"means a commission established under the constitution;

"county government"means a county government established under Article 176 (1) of the constitution;

"disciplinary controlmeans the handling of discipline

matters in accordance with the Constitution,legislation, regulations,policies,manuals and guidelines;

"deployment"means distribution of public officers

within a public body without change of grade;

"independent office"means the office of the Auditor-

General and Office of the Controller of Budget;

""lawful appointing authority"means a board or a council of a public body or a public officer with the constitutional or legislative power to appoint persons in a public body;

"minor offence"means any offence which attracts a

sentence of a fine or in default,imprisonment for a period notexceeding six months;

"pension benefits"means any pension,gratuities or other compensation payable to a person in respectof such persons service as a public officer,or to the dependants or personal representatives of such person,in respect of that service;

"promotion"means the conferment upon a person in the public service of an office to which is attached added responsibility,higher salary or higher salary scale than that attached to the office to which the person was last substantively appointed;

"principal secretary"means a principal Isecretary appointed underArticle 155 of the Constitution;

"public officer"means any state officer; or any person,other than a state officer,who holds a public office;

"public office"means an office in the national government,a county government,or other public service;

"public body includes"

• (a) any corporation,council,board,committee or purposes of any written law relating to the undertakings of a public utility or otherwise to administer funds belonging to or granted by the

Government or money raised by rates, taxes or

charges in pursuance of any such law;

• (b)a corporation,the whole or a controlling majority entitythatisapublicbodybyvirtueof anyof the
• of shares which are owned by a person or precedingparagraphs of this definition;
• (c)statutory public bodies;
• (d) a regional or international public organization to which Kenya is a party or has an existing bilateral agreement:or
• (e) any public body brought under the jurisdiction of the public service entity by legislation for a
• specified function to the extent of that function;

"public service" has the meaning assigned to it in Article 260 of the Constitution;

"publicise",in relation to a document,means to make known to thepublic,through thenational or local media

• (a) the general nature of the document; and
• (b) how and where it may be accessed and read by members of the public;

"publish"in relation to a document,includes

• (a) publishing the document in a newspaper, the Gazette or otherpublication ofgeneral circulation in Kenya;
• (b) publication of an abridged or summary version of the document without losing the core content of the document;or
• (c) posting the document on the internet on a government website;

"public service entity"include-

• (a) Parliamentary Service Commission;
• (b) Public Service Commission;
• (c) Judicial Service Commission;

• (d) National Police Service Commission;
• (e) Teachers Service Commission;
• (f) County PublicService Board;
• (g) County Assembly Service Board;and
• (h) Constitutional Commission and Independent
• Office;

"qualifications"means any requirement of eligibility attached to holding or acting in a public office;

re-designation"means the movement of a public officer from one career path or cadre to another at a grade equal to or substantially equal to the one held before the movement;

public officer on any matter related to the employment of

the public officer,

"resignation"means the action of a public officer's

exit from thepublic service;

retirement"means the exit of an officer from the public service with separation benefits,including pension benefits as may be provided for in the applicable law, contract of service or a special retirement scheme agreed upon between the public officer and the relevant lawful appointing authority;

"secondment"means the temporary release of a pensionable public officer from one public service entity to another while preserving the pension rights of the employee;

"statutory commission" means a Commission established by legislation;

"stipend"means a fixed payment to an intern

occurring at regular intervals;

"transfer"means the movement of an officer from one

duty station to another;

""transfer of service"means the movement of the pensionable service of a public officer from one public service entity to another,which has been declared a"Public Service"for purposes of preserving the officer's previous

pensionable service;

"vetting" means any background check on a person, by a public service entity or other competent authority and includes verification ofacademiccertificatesand identification documents;and

"volunteer" means a person offering service in the

public servicewithout remuneration and benefits.

• 3.
• (1) This Act applies to-
• (a) a public service entity; and
• (b) a public officer serving in a public service entity.
• (2) This Act does not apply to
• (a) a person who is a member of the Kenya Defence
• Forces;or
• (b) an office in the Kenya Defence Forces.
• 4.This Act shall prevail in the case of any
• inconsistencybetween thisActand any other legislation on mattersrelating to humanresourcemanagement
• 5.The object of thisAct is to-
• (a) ensure human resource is managed in public service entities within uniform norms and standards and in accordance with the values and principles set out in the Constitution;
• (b) provide for institutions, systems and mechanisms for human resource utilization and development in a
• manner that best enhances efficient and effective service delivery bypublic service entities;
• (c)provide labourmobilitybetween the two levels of government and across public service entities;
• (d)ensure public officerswith responsibility for managing human resource are accountable to the public for the management of human resource
• through Parliament and CountyAssemblies;and
• (e) provide for monitoring, evaluation and reporting on
• human resource management.

Scope and application.

Conflictswith otherlegislation.

Object of this

Act.

• 6.A public service entity shall, in fulfilling its Guiding mandate,be guided by the national values and principles of principles. governance and the values and principles of public service in Articles 10 and Article232 of the Constitution.

PARTII-RESPONSIBILITIESFORTHE

MANAGEMENTOFHUMANRESOURCES

• 7.The responsibility of management of human
• resources in the public service shall be,in the case of
• (a)a Cabinet Secretary,the Attorney-General,Principal Secretary,HighCommissioner,Ambassador, Diplomatic and Consular representative of the republic,by the President;
• (b) the Judicial Service, by the Judicial Service
• Commission;
• (c) the Parliamentary Service,by the Parliamentary Service Commission;
• (d) the National government public service, by the
• Public Service Commission;
• (e) Office of the Attorney-General, Office of the Director of Public Prosecutions,PublicUniversities, Statutory Commissions,State Corporations or other publicbody,by thePublicService Commission;
• (f) the Police Service,by the National Police Service Commission;
• (g) the Teachers Service, by the Teachers Service Commission;
• (h) member of County Executive Committee and a County Chief Officer,by the Governor;
• (i) the County Government public service, by the County Public Service Boards;
• (j) the County Assembly Service, by the County Assembly Service Boards;and
• (k) Constitutional Commissions and Independent Offices, by the respective Constitutional Commission or Independent Office.

Responsibility management of

forthe human resource.

PARTIII-ESTABLISHMENTANDABOLITION

OFOFFICES

• 8.(1) A public service entity may on its own motion or upon request establish an office in the public service
• within its mandate.
• (2) A public body shall not implement a re-
• organization or review of its establishment without the approval of the relevant public service entity.

establishmentof offices.

9. For the purposes of this Part,"establishment of Meaning of offices in the public service"means the determination and creation of the number and kinds of offices in the public service. 2. 10.(1) In establishing an office,a public service entity shall satisfy itself that- 3. (a) the public office shall serve public interest in line with the core functions of thepublic service entity; 4. (b) the office to be created relates to or supports the core functions of the public service entity; 5. (c) the need to establish an office, is based on a comprehensive plan informed by the public body's workload analysisand job evaluation; 6. (d) the level of grading, qualification, and remuneration 7. oftheoffice tobeestablished shall 8. (i) not disadvantage similar offices in the public 9. (ii) 10. body; 11. not occasion unfair competition for staff amongpublicbodies,and 12. (ili) not confer unfair advantage to a group of or individual servingpublicofficersin a public body; 13. (e) funding for the office to be established is duly provided for; and 14. (f)upon the establishment of the office,the office shall bevacant to befilled competitivelyand transparently in accordance with the prescribed appointmentorpromotionprocedures. 15. (2)If thepublic service entity establishes an office and 16. the office isnotfilled foraperiod of twelvemonths after its

Conditionsfor

establishmentof office.

Powerto establish offices.

establishment, the office shall stand abolished,and the public service entity shall not be required to make a

decision to abolish thatoffice

• 11.A public service entity may,on its own motion or upon request,abolish an office in the public service within its mandate.
• 12.(l) In determining whether to abolish an office,a public service entity shall be guided by its applicable legislation and shall satisfy itself that-
• (a) theofficeproposedtobe abolished is not established by legislation;
• (b) the office to be abolished relates to the provision of services that areno longer necessary or that cannot continue to berendered efficiently and effectively in
• view of improved methods for service delivery;
• (c) the need to abolish an office is based on a comprehensive plan informed by thepublic body's
• workload analysis;
• (d) the abolition of the office in view of its level is necessary so as to eliminate unfair competition for staff within thepublicbody;
• (e) the abolition of the office shall not confer unfair advantage to a group of,or individual public officer in a public body;
• (f)an indication of the financial implications,including any savings to be made in relation to services relating to the office;
• (g)information on the current authorized establishment, level of grading,designation, and evidence of optimum utilization ofexistingpostsis submitted;
• (h) theofficewhen abolishedshall eliminate duplication and overlaps of functions by public bodies;and
• (i) the functions of the office if not abolished are inconsistent with the Constitution or any other legislation.
• 13.(1) A decision by apublicservice entity to abolish an office in the public service shall be subject to the applicable legislation and the due process of deployment, transfer,removal or retiring the affected public officer as

Power toabolish

an office.

Conditions for

abolition of office.

Protection ofa public officer on abolition of office.

prescribed in legislation or the terms and conditions

applicabletoapublicofficer.

• (2)An officer shall not be removed or retired from
• public service on grounds of abolition ofoffice unless the public service entity has considered re-training and deployment or transfer of the public officer as appropriate.
• 14.A public service entity shall develop guidelines for
• establishment and abolition of offices in accordance with the PublicService CommissionAct,Cap 185.

PARTIV-RE-ORGANIZATIONOFOFFICES

• 15.(1) A public body may be re-organized pursuant
• to-
• (a) change of mandate of the public body;
• (b) re-organization of government;
• (c) adoption of technology and innovations; or
• (d) mergers.
• (2) Where a public body has been re-organized, the staffof such publicbodymay be-
• (a) re-trained to assume new responsibility;
• (b) re-deployed to assume new positions commensurate
• to their competencies;
• (c) transferred to the new entity in the case of a merger
• and appropriately deployed;
• (d)retired in accordance with legislation or their terms
• and conditionsof serviceor special retirementterms as determined by thepublic service entity,or
• (e)given an option to voluntarily exit the service.
• (3) Retirement on grounds of re-organization of office
• shall only apply where re-training, re-deployment or transfer is not practical.
• (4)No re-organization shall be undertaken without the approval of the relevant public service entity.
• (5) In this part, re-organization means the act of restructuring the operational or other structures of apublic body.

Guidelinesfor establishment and abolition of offices.

Circumstances forreorganization.

• 16.Where,by reason of re-organization a public officer Redundancy is found to beredundant theprovisions of the Employment
• Act shall apply.

PARTV-APPOINTMENTS ANDRELATED

MATTERS

17. Except as provided for in a written law, a public Power to make service entity shall have the power to make appointments appointments. including promotions in respect to offices in the public service within itsmandate. 2. 18.(1) In appointing or promoting a person to hold 3. office in a public body,a public service entity shall be guided by the values and principles of public service provided for in Article 232 of the Constitution,and shall specifically-- 4. (a) ensure fair competition and merit as the basis for appointments and promotions, 5. (b) ensure representation of Kenya's diverse communities,and 6. (c)afford adequate and equal opportunitiesfor appointment and promotion at all levels of the public service- 7. (i) men and women; 8. (i) (ii)members of all ethnic groups; 9. (ii) minorities andmarginalized groups; 10. (iv) persons with disabilities;and 11. (v) the youth. 12. (2)A public service entity shall develop human 13. resourceplans toguide appointments.

• (3) The human resource plans referred to in subsection (2) shall be aligned to themandateof thepublic service entity and where applicable,aligned to the national

Advertisement ofavacancyin public service.

• development plans.
• 19.(l) Where a vacancy in a public office is to be filled,a public service entity or lawful appointing authority shall invite applications through advertisements in-
• (a) the Gazette where applicable;

Guiding principles on appointment and promotion.

• (b) at least one daily newspaper of nationwide
• circulation;
• (c) the public service entity's website;
• (d) a public body's website;
• (e) offices of local administrative units;
• (f) radio with wide coverage; and
• (g) any other modes of communication so as to reach as
• wide a population of potential applicants as possible.
• (2)A public service entity shall ensure that an person.
• (3) The advertisements in subsection (1) shall be persons who for any reason have been or may be
• conducted in an efficient and effective manner so as to ensure that the entire pool ofpotential applicants,including advertised position.
• (4) An advertisement inviting applications to fill any
• vacancy in a public office shall provide for
• (a) the title and rank of the public office;
• (b) the public body in which the office is tenable;
• (c) the background and context of the work, where necessary;
• (d) the terms of employment;
• (e) the applicable remuneration including salary, allowances and other benefits;
• (f) the prescribed qualifications applicable,
• including any desired previous achievements;
• (g) the core duties of the office;
• (h) the expected deliverables of the office;
• (i) the supervision, accountability and reporting
• arrangements;
• (j)any added advantage applicable

• (i) the mode and deadline of transmitting the
• application;
• (i) any consideration that may occasion disqualification;and
• any consideration of equity or affirmative
• (ii) action.
• 20.A public service entity or other lawful appointing
• authority shall maintain arecordofall applicationsreceived inresponse to an advertisement.

21. (1) Acting appointments shall be

• (a)made only by a public service entity or lawful
• appointing authority;
• (b)made by a public service entity or the lawful appointing authority frompublic officers within the public body;and
• (c) subject to the prescribed regulations and procedures which apply to appointments,including the existence of a vacancy.
• (2) A person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualificationsfor holding thepublic office.
• (3) An officer may be appointed in an acting capacity exceeding six months during which period the public commence and conclude the recruitment process for a
• for a non-renewable period of at least thirty days but not service entity or lawful appointing authority shall substantive holder of theposition.
• (4) Nothing in this section shall prevent a public service entity or lawful appointing authority from deploying another public officer to actorperform duties for a period exceeding six months during a temporary absence of the
• substantive holder of a public office.
• (5)A deployment under subsection(4) shall
• (a) be in favour of a public officer who is duly qualified and competent to perform the duty;
• (b) be in favour of a public officer within the public service entity;and

Recordof applicants.

Acting appointments.

• (c)not undermine the expeditious appointment or deployment of a (d) competent person to the public
• office concerned
• (6) In this section, temporary absence includes study leave,sabbatical leave,secondment,leave of absence,sick leave or absence occasioned by the interdiction or suspension of the substantive office holder.

22. (1) Despite section 21, where there is a temporary vacancy in the office of a Vice Chancellor of a public university,Principal of a constituent college of a public university or Chief Executive Officer ofaStatecorporation or other public body,the council or board shall appoint an actingvice chancellor or principal or chief executive officer from amongst qualified public officers of the relevant public university,constituent college or State corporation or public body.

• (2) An appointment under this section shall not exceed
• aperiod of sixmonths and shall not be renewable.
• (3) In this section, temporary vacancy means a vacancy arising from lapse of tenure,death,illness,resignation or suspensionfrom office.
• 23.(1) In selecting candidates for appointment or
• promotion the public service entity or lawful appointing authority shall have regard to
• (a) the need for open and transparent recruitment of public officers;
• (b) the standards, values and principles set out in
• Articles 10,27(4),and 232 of the Constitution.
• (c)personal integrity of the candidate;
• (d) faircompetition,merit,equity,aptitude and suitability
• (e) theprescribed qualifications for holding or acting in the office;
• (f) the efficiency of the public service;
• (g)the provable experience and demonstrable
• milestones attained by the candidate;
• (h) the principle that not more than two-thirds of members of appointive bodies shall beof the same gender;

Appointment of actingvice chancellors and chiefexecutive officersofState corporationsor public bodies

Criteriafor appointments and promotion.

• (i) the principle that at least 5% of the members in appointive bodies are persons with disabilities;and
• (j)affirmative action on access to employment for the
• youth,minorities and marginalized groups.
• (2) Subject to relevant transitional statutory provisions, where a new public body is established from an existing publicbody,publicofficersperforming transferred functions shall bedeemed to beon secondmentpendingthe establishment of aretirement benefits scheme for the officersof thatnewbody and shall thereafterbe considered for direct absorption after due process of suitability
• mapping.
• (3)A public service entity shall develop or approve career progression guidelines to guide the development and mobility of officers within a publicbody.
• (4)Where a public service entity prescribes a standard application form for submitting applicationsfor employment,thepublic service entity shall ensure that the form meets therequirementsof thisAct.
• (5)A public service entity may make regulations to give effect to this section.
• 24.(1) A public service entity may require a candidate or public officer to be vetted by a relevant state agency before such candidate or public officer is appointed promoted,conferred an award or at such other time as the public service entity may deem necessary.
• (2) A public service entity shall develop guidelines for
• vettingofpublic officers.
• 25.(1) The criteria for appointment of a public officer prescribed under section 23(1)(e),(f) and (h) shall apply in considering a public officer forre-designation.

Re-designation

• (2)A public officer who wishes to re-designate shall
• apply,in writing,to the respective appointing authority.
• (3) A publicofficer may be re-designated to hold or act
• im a public office if-
• (a) the office is vacant;
• (b) the officer meets all the qualifications;

Vetting

• (c) the decision shall not disadvantage any public officer who is already serving in the particular cadre;
• (d) the officer has consented to such a decision; and or
• (e) the re-designation is to a similar grade or rank
• provided that the re-designation shall not reduce the public officer's salary.
• (4) An application for re-designation shall beprocessed in accordance with the existing guidelines of the public
• service entity.
• ofappointment, acting appointment,promotion or re-designation shall be the date of the decision to appoint, promote or re-designate or such
• 26.Theeffectivedate date as thepublic service entity may determine.

27. (1) Where it is necessary to appoint a public officer on probationary terms the probationary period shall not exceed six months but may be extended,with the consent of the public officer,for a further period not exceeding six months.

• (2)A probationary period of service shall not be extendedexcepton account of-
• (a)affording the public officer further opportunity to fulfil a condition for confirmation of appointment prescribed in writing prior to the appointment of the public officer; or
• (b) affording the public officer an opportunity to improve with respect to any matter in which the public officer'swork or conduct hasbeen adversely
• reported on.
• (3) A public service entity or lawful appointing toextenda
• authority shall, where it is necessary probationaryperiod
• (a) notify the affected public officer of the intended extension at least thirty daysbefore the expiry of the probationaryperiod;and
• (b) give reasons for the intended extension.
• (4) Where the affected public officer is not notified in
• accordance with subsection (3), or where the appointing

Effective date of appointment, promotion and re-designation.

Confirmation in

appointment.

authority has failed to confirm the appointment of the

public officer who was initially appointed on probationary terms and the probationary period has lapsed,the officer shall stand confirmed in appointment upon the expiry of the probationaryperiod.

• (5) The period served on probationary terms shall be taken into account when computing the period of service for the purpose ofpayment ofpension benefits,gratuity or anyother terminal benefits.

2. (6) Where a public service entity or lawful appointing 3. authority intends to terminate a probationary contract, the affected officer shall be afforded a fair hearing in accordance with the law. 4. 28.Any appointment,acting appointment,promotion, re-designation, transfer, deployment, delegation or assignment of a duty in the public service shall be in writing. 5. 29.On first appointment into a public service entity,a public officer shall be provided with information on laws, regulations,manuals, guidelines,or collective bargaining agreements that govern the employment of the public officer. 6. 30.(l) A public officer on permanent and pensionable terms of servicemay transfer from onepublicservice entity orpublicbody to another if 7. (a) the officer has been offered a permanent and pensionable appointment by another public service 8. entityorpublicbody,and 9. (b) thepublic service entity orpublicbody to which the officer seeks to transfer to,has been declared a public service forpurposes ofpension.

• (2) A public officer seeking a transfer of service shall apply in writing to the public service entity from which the

11. public officer seeks to transfer service. 12. 31.(l) A public officer may be seconded from one Secondment. publicservice entity orfrom apublicbody to another if 13. (a) the public officer is serving on permanent and 14. pensionable terms;

Decisions to be in writing.

Provision of information on first appointment.

Transfer of

service.

• (b) the public officer has served for at least three years
• in the parent public body;
• (c) the public officer is appointed on contract to the other public service entity or public body;
• (d) thepublicservice entity orpublicbody towhich the public officer is to be seconded does not present a conflict of duty with the public office held by the publicofficer or the core functions of the public body in which the public officer is employed;
• (2) The authority to second a public officer shall-
• (a) vest in the public service entity from which the public officer substantively holds a position;and
• (b) be carried out upon the request of
• (i) the public officer;or
• (ii) a public service entity or a lawful appointing
• authoritytowhich the public officer has been offered an appointment.
• (3) A public officer shall not proceed on secondment before receiving an approval in writing from the relevant
• public service entity.
• (4) Unless there is an agreement to the contrary,the publicbody towhich apublic officer is seconded shall bear all the costs, remuneration, allowances and other benefits due to the officer during theperiod of secondment.
• (5)A public officer on secondment may be re-called
• back to thesecondingpublicbodywhere the services of the public officer arerequired in the seconding publicbody.
• (6) Where it is no longer necessary for a public officer on secondment to remain seconded and the secondment period has not lapsed,thepublic officer shall be entitled to
• revert to thepublic office held before the secondment.
• (7) Upon completion of the secondment period,a public officer shall revert to the terms and conditions of service appropriate to his or her substantiveposition in the public body and shall not be eligible for another secondmentwithin a period of three yearsfrom the last secondment.

• (8) A public service entity shall approve a secondment in line with its applicable guidelines.
• (9) The period of secondment shall vary from case to case depending on the overall assessment under this Act but

3. shall notin any case exceed sixyears:

Provided that a public officer who intends to remain in the employment of the public body or organization to

which the public officer has been seconded after the expiry of six consecutive years,shall retire from the parent public bodywith accruedretirement and other terminal benefits in accordancewith therelevant laworagreement.

• (10)A public body to which a public officer has been seconded may remitpension contributions of the seconded officer to the relevant pension scheme at the prevailing ratesduring theperiod ofsecondment.
• (11) Where the public body to which an officer has been seconded pays the pension contribution for the seconded officer,such amount shall berecovered from the officer's service gratuity.
• (12) A public officer on secondment shall be eligible for promotion in the public body from which the public officer hasbeen seconded during theperiodofsecondment.
• (13) Disciplinary action against a public officer on
• secondment shall be handled by the public body to which the officer is seconded and the recommendations and decision thereof shall be forwarded to the parent public body for additional action in accordance with the applicable legislation.
• 32.(1) A public service entity may grant leave of Leaveofabsence
• absence to a public officer for aperiod not exceeding three years which may be extended once for a period not exceeding threeyears.
• (2) Where a public officer is appointed on contractual terms to a publicbody for a period exceeding threeyears,a public service entity may grant leave of absence for the
• duration of the contract.
• (3) leave of absence may be granted to a public officer if

• (a) the public officer is serving on permanent and
• pensionable terms;
• (b) the public officer has served for at least three years in the parent public body;
• (c) the public officer has been granted a contractual appointment within a public body,private corporation or internationalorganization towhich the officer cannot be seconded or to which service cannot be transferred;

Provided that an officer may only be granted leave of absence to a private corporation where the relevant public service entity determines that the experience and expertise that the officer shall gain from the private organization shall beofbenefitto thepublicbody

• (d) the public officer is a spouse of a public officer who has been posted outside Kenya during the tour of service of the public officer.
• (e)proceeding on leave of absence does not present a conflict of interestwith thepublicoffice held by the public officer or the core functions of the public body in which the public officer is employed.
• (f) thepublic officer will notbe exposed to undesirable experience in view of the core functions of the
• organization towhich the publicofficeris proceeding on leave of absence.
• (g) the leave of absence will not bring the parent public
• body or thepublic officer into disrepute.
• (4) Leave of absence shall notbe granted for purposes ofparticipating in political activities.
• (5) Unless there is an agreement to the contrary, the public body or the organization to which a public officer is on leave of absence shall bear all the costs,remuneration, allowances,and other benefits due to the officer during the period of leave of absence.
• (6) Upon completion of the leave of absence,a public officer shall revert to the terms and conditions of service appropriate to their substantive position in the public body and shall not be eligiblefor another leave of absencewithin
• a period of three years from the last leave of absence.

• (7) During a leave of absence,a public service entity or
• public body will not make a contribution of its portion towards an officer's pension under a contributory pension scheme:

Provided that a public officer on leave of absence may

continue to contribute towards the public officer's pension under contributory pension scheme during the period of leave of absence.

• (8)A public officer on leave of absence,to whom the Pensions Act applies,may contribute towards his or her pension at the rate equivalent to thirty-one percent of the public officer's basic monthly salary applicable to the publicbodyfromwhich thepublicofficer hastaken a leave of absence.
• (9) Disciplinary action against a public officer on leave ofabsence in apublic body shall be handled by thepublic body to which the officer is serving on leave of absence and the recommendations and decision thereof shall be forwarded to theparentpublicservice entity orpublicbody for additional action in accordance with the applicable legislation.

Unpaid leave.

• 33.(1) A public officer may be granted unpaid leave for a period not exceeding six months which may be extended only once for a period not exceeding six months for purposes of attending to urgent privateaffairs of exceptional nature.
• (2) A public service entity shall not grant unpaid leave
• to a public officer forpurposes ofparticipating in political activities.
• (3)A public officer on unpaid leave shall not be entitled to annual increment for theduration the period of the unpaid leave.
• (4) During the period ofunpaid leave,a public body shall not make a contribution of its portion towards the officer'spension under a contributory pension scheme:

Provided that an officer on unpaid leave may continue

to contribute towards the officer's pension under a contributory pension scheme.

• (5)A public officer on unpaid leave,to whom the Pensions Act applies,may contribute aportion of thepublic

officer's basic monthly salary towards pension as provided in legislation.

• 34.(1) A public service entity or lawful appointing authority may grant sabbatical leave to academic,or research staff employed in academic orresearch institutions for purposes of undertaking relevant academic and research activities inother local,regional or international institutions.
• (2) Sabbatical leave referred to in subsection (1) may be
• granted to a public officer who has served at least five years in the public body.
• (2) Sabbatical leave referred to in subsection (1) may be
• granted to apublicofficerwhohasserved at least fiveyears in the public body.
• (3)Apublicofficer on sabbatical leave will be entitled to full pay and pension benefits in accordance with the relevantlegislation.
• (4) Sabbatical leave shall be for a period not exceeding twelvemonths.
• (5) A public service entity or other appointing authority shall develop guidelines to give effect to this section.

35. (1) A person may be engaged on a term of contract, for a period of not less than twelve months but not

• exceeding fiveyearsrenewable.
• (2)A person may be engaged on a term of contract if
• the followingrequirementsaremet-
• (a) the officewhere such a person is to be deployed has
• been established by the public service entity;and
• (b) there is no other public officer performing the
• function.
• (3) An engagement on contract may be renewed
• (a) the workload justifies further engagement;
• (b) the performance of the public officer is satisfactory;
• (c) the public officer has expressed, in writing, the willingness to engage for a further term of service at least six months prior to the expiry of the term of contract;and

Sabbatical leave

Service on contractual terms

• (d) the decision shall in no way disadvantage any public officer employed on permanent terms;
• (4)A public service entity shall regulate the employment of persons on a term of contract as contemplated under thissection.
• 36.(l) Subject to any written law,a public service
• is not locally available.
• (2) In appointing an expatriate,a public service entity shall satisfy itself that there arenoKenyan citizenswith the requisite qualifications to meet the staffing needs of the public service entity.
• (3) The appointment of an expatriate shall be on
• renewable once for a period not exceeding three years subject to satisfactoryperformance.
• (4)An expatriate shall be appointed on such terms and
• conditions of service as shall be determined by thepublic service entity and shall be subject to the code of conduct, policies,and regulations applicable to public officers.
• (5) No public body shall appoint an expatriate without the approval of therelevantpublic service entity.

37. (l) A public service entity may appoint a qualified person to serve on voluntary basis.

• (2) No person shall be engaged on voluntary basis in a publicbodyas
• (a)a revenue collector;
• (b) an officer involved in any aspect of procurement;
• (c)a cashier,
• (d) a caretaker of any premises belonging to a public
• body;
• (e)a security officer;
• (f)a holder of any strategic public office including any
• office established bywritten law;or
• (g) such other position as may be determined by the
• public service entity.

Appointment of

expatriates.

Volunteer

service.

• (3) A volunteer in the public service shall be issued

2. with a letter of engagement for a non-renewable period not exceedingtwelvemonths.

• (4) A volunteer shall be bound by this Act and the code of conduct, rules and regulations applicable to public officers.
• (5) A person engaged as a volunteer shall be deployed

5. to perform duties relevant to the volunteer's area of qualification,experience,or expertise.

• (6) A person appointed as a volunteer shall undergo security and other vetting by the relevant state agencies before taking up the appointment.

7. (7)A volunteer shall not have or hold any supervisory role over any public officer. 8. (8)Volunteer service shall not be a guarantee of employment in thepublic service. 9. (9)A public service entity shall provide guidelines for 10. volunteer service. 11. 38.A public service entity orlawful appointing authority may employ apersonin casual 1servicein accordancewith theprovisionsof theEmploymentAct.

Casual service.

39. (1) A public service entity may engage a qualified Internship person as an intern.

• (2) A lawful appointing authority shall notify the relevantpublic service entity of any available opportunity for internship before engaging any person as an intern
• (3) Subject to any other written law,an opportunity for internship shall be advertised in accordance with section 19

4. of this Act.

• (4) The engagement of interns in the public service

6. shall be through a competitive, transparent and accountable process and accord equal opportunity for all qualified applicants

• (5) An intern shall be deemed to be a public officer for the purposes and duration of the internship and shall be subject to this Act and prevailing code of conduct for public officers in the public service entity to which the

8. intern is attached.

• (6) An intern may be paid such stipend as the public service entity mayprescribe.
• (7) An internship shall be for a non-renewable period not exceeding one year and shall not be a guarantee for employment in thepublic service.
• (8)A public service entity shall monitor and evaluate internship programmes within its mandate.
• (9) No public service entity shall engage interns for anotherpublicservice entity
• (10) In this section,intern means a supervised recent or satisfy yrequirements for an academic,professional, technical, and occupational ortrade certification, registration,or licensing.
• 40.(l) A public body may engage students on industrial attachment for purposes of satisfying requirements for an academic qualification.
• (2) The industrial attachment referred to in sub-section (1) shall be undertaken during the course of study.
• (3) A public service entity shall develop guidelines for attachment.

41. Subject to any other written law where a public service entity isrequiredby law tonominateorrecommend a person for appointment,the public service entity shall set the qualifications and criteria for nominating a person for appointment to a public office.

Industrial Attachment.

Nomination or recommendation for appointment.

• 42.(1) Pursuant to Article 232(1)(g),(h) and (i)a chairperson or a member of a University Council or Board of a State corporation or other public body shall be nominatedfor appointment through a competitive corporations or otherrecruitmentprocess undertaken by the PublicService Commission.

Appointment of Chairpersons and members of University Councils,Boards ofState corporations or other public bodies.

• (2) The qualifications for appointment under subsection (1) shall be as provided in the relevant legislation.

2. (3)A Cabinet secretary shall,three months before a vacancy arises in a University Council orBoard ofa State corporation or other public bodynotify the Public Service Commission of-

• (a) the impending vacancy where there is no intention ofrenewal or where the term of office has expired;
• and
• (b) a renewal of term of a chairperson or a member of a board in accordancewith therelevant legislation
• (4) The Public Service Commission shall undertake the
• recruitmentprocess referred to under subsection(1)within thirty daysfrom the date ofvacancy
• (5)Where a vacancy arises as a result of death or resignation of a chairperson or member of a council,board or other public body the relevant Cabinet Secretary shall, within thirty days of thevacancy arising,inform the Public Service Commission,who shall undertake the recruitment
• process within three months from the date of vacancy.
• (6) Upon completion of the recruitment process the Public Service Commission shall forward three namesfor each vacant position to the lawful appointing authority for consideration for appointment.
• (7) The chairpersons and members of a University shall serve for such period as provided in the relevant
• council,a board of a State corporation or otherpublicbody legislation.
• (8) A Chairperson of a university council or a board of a State corporation or otherpublicbody shall nothold such other position in a council or board concurrently.
• (9)A member of a University council or a board of a State corporation or agency shall not hold such other
• positionin more than two councils orboards concurrently
• (10) Subsection (9) shall apply to the alternate
• representative of a Cabinet secretary or Principal secretary or any public office in a council or a board.
• (11) Thealternate representative referred to in
• subsection(10) shall be a person with relevant expertise
• 43.Subject to this Act, where a public officer is appointed, transferred or seconded from one public body to another public body,the public officer's accrued leave and pension benefits relating to the previous period in the public service shall not be lost.

Protection of accrued rights

andbenefits.

Provided that accrued leave allowance shall bepaid by

the public body from which the leave allowance has accrued.

• 44.(1) Where a public officer is transferred,seconded, re-designated,proceeds on leave of absence or vacates office,the public officer shall handover office in writing to an identified public officer within the public body at least seven days before taking up the transfer, secondment, deployment,re-designation,leave of absence or vacation of office.
• (2) Where a chief executive officer of a public service entity or a public body completes a term of office or otherwise vacates office, the chief executive officer shall hand over to a public officer of the public service entity or public body as designated by the lawful appointing authority at least seven daysbeforevacating office.
• (3) The handing over referred to in subsection (2) shall include thefollowing
• (a)a comprehensive handing over report which shall include a financial status report;
• (b) assets and liabilities;
• (c) staff
• (d) any other documents or items as determined by the public body.
• (4) a copy of the handing over report referred to in subsection (2) shall be presented to the lawful appointing authority and to the relevant Cabinet Secretary where applicable.
• (5) In this section Chief Executive Officer shall include the Chief Registrar of the Judiciary and the Director of PublicProsecutions.

PARTVII-QUALIFICATIONS

• 45.(l) Subject to any written law,a public service entity shall determine and where applicable recommend to a lawful appointing authority the qualifications for a public office.
• (2)A public service entity or any other lawful act in a public office for which qualifications have not been determined.

Handing over.

Qualifications.

• 46.(1)A public service entity may on its own initiative or upon request by a lawful appointing authority,public officer, professional bodyorassociation,review qualifications relating to a public office,category ofpublic officesor all public officers in a publicbody.
• (2)A public service entity may in reviewing the qualificationsconsult arelevantprofessional body.
• (3)A public service entity shall give interested or affected persons an opportunity to make representations
• before reviewing qualifications under this section.
• (4)A public service entity shall be guided by the following factors when reviewing qualifications
• (a)parity of treatment of public officers;
• (b) the human resource needs of the public office;
• (c)legitimate expectations of the public officers concerned,including career progression;
• (d) the need to eliminate unfair competition for
• available human resource amongpublic bodies;
• (e) the prevailing and projected workload status of the concerned public body;
• (f) the capacity of the country to generate persons
• holding the desired competencies and skills attached to the concernedpublic office;
• (g)the need to attract and retain competent,qualified
• and motivated public officers;
• (h) the need to build a service thatembraces continuous
• improvement and innovation;
• (i) the need to standardize qualifications in the service;
• (j) any applicable convention or treaty relating to
• employment;and
• (k) any other factors as may be determined by the
• public service entity.
• (5)A public service entity shall,in recommending
• qualifications,establish the necessary framework to adhere to the provisions ofArticles 10,27(4),27(8),54(2),55(c), 56(c) and 232 (g)of the Constitution.

Reviewof

qualifications.

• (6) In reviewing the qualifications,a public service entityshall-
• (a) specify the public office, category of public offices,
• profession or occupation that it applies to;
• (b) indicate the date on which the qualification was approved by the public service entity;
• (c) specify the effective date ofthe qualification;
• (d) clearly define job descriptions and specifications at all grades or ranks within the grading structure, to enableapublicofficer tounderstand the requirements and demandsof thejob;and
• (e) clearly indicate likely career progression and
• mobility.
• 47.(1) A public service entity shall regularly review, publish and publicise qualifications relating to all public officesestablished by thepublicservice entity
• (2)A public service entity or lawful appointing authority shall publish and publicise any reviewed
• qualifications to public officers within its mandate.
• 48.(1)A determination,review or recommendation of qualifications shall not apply retrospectively to a public officer who is already holdingor actingin thepublicoffice withrespect towhich thequalificationsrelate.
• (2) Where a qualification is reviewed with the aim of upgrading a grade or rank, the coming into force of the qualification shall not have the effect of automatically promoting the affected serving public officer to the upgraded grade or rank unless, the public service entity or other lawful appointing authority has made a specific promotional decision in accordance with the provisions of
• this Act.

PARTVIII-CONDITIONSOFSERVICE

• 49.Except where conditions of service applicable to a
• public officer are more favourable than thoseprescribed in this Act,this Act shall prevail.
• 50.(l) Subject to any written law,a public service
• entitymay on its own initiative or upon requestrecommend

Publicationof qualifications.

Application of reviewed qualifications.

Application.

Determinationof conditions

of service.

or determine conditionsof servicerelating topublicofficers

within its mandate.

• (2)A public service entity shall give any interested party an opportunity tomake representations before determining or making any recommendation under this
• section.
• (3) A public service entity shall develop guidelines on
• conditions ofservice.
• 51.(l) A public service entity shall establish a framework for the continuous review of the conditions of service by taking into account the priorities and changing needs of the public service.
• (2) The factors that shall guide a public service entity whenreviewing,making anyrecommendationsor determining conditions of service under this section shall
• include
• (a)parity of treatment ofpublic officers;
• (b) any current or future needs of the public body;
• (c) legitimate expectations of respective public officers including the accrued or accruing benefits;
• (d) the need to harmonise the terms and conditions of
• service ofpublic officers;
• (e) fiscal sustainability;
• (f) the need to attract and retain qualified and motivated public officers;
• (g) the need to compensate rare,unique,innovative or
• talented performers;
• (h)productivity;
• (i)any written law;and
• (i) the cost of living.
• (3) A public service entity shall develop policies and guidelines for conditions of service.

PARTIX-TRAININGANDDEVELOPMENTIN

THEPUBLIC SERVICE

• 52.(l) Parliament and County Assemblies shall set aside funds in the annual budget for each public service

Review of conditions of service.

Training and development, etc.

entity for purposes of training and development in the public service and such funds shall not be re-allocated without the approval of parliament or the County Assemblies.

• (2) Each public service entity shall be responsible for

2. training and development of public officers within its mandate.

• (3) In developing human resource,a public service

4. entity or other lawful appointing authority shall 5. (a)make provision for adequate 6. budgetary allocation; 7. (b) review and issue human resourcet training and developmentpolicy and guidelines; 8. (c) prescribe procedures and instruments governing the 9. development of human resources; 10. (d) prescribe measures for prudent utilization of training funds; 11. (e) ensure that training needs assessment projections are undertaken; 12. and 13. ) approve coursesforindividual public officers before proceedingfor any training includingboth short and long term training; 14. ensure equity in the opportunities; 15. provision of training 16. (h) prescribe measures for ensuring merit in the 17. selection and award of training opportunities; 18. ensure annual assessment of the impact of training 19. programmes in the concerned public body; 20. (i) prescribe measures to guarantee effective orientation and induction programmes; and 21. (k)monitorandevaluatetheeffectivenessof Government training programmes geared towards improvement ofperformance and qualifications to hold a public office.

• (4) The human resources in the public service shall be developed in order to

• (a) ensure relevance of the training to the public service
• entity and for national development;
• (b)continuously improve professional knowledge, skills, creativity and innovation needed for better performance ofindividual public officers and public
• bodies;
• (c) enhance efficiency and effectiveness in service delivery;
• (d) promotebetter understanding of professional requirements and sensitization to professional, socio-economicandpolitical environmentin which the public body operates;
• (e) bring about the right attitudinal orientation ofpublic officers;
• (f) promote responsiveness to the prevailing scientific
• and technological developments;
• (g)enhance commitment democraticvalues, partnership and participative decision making;
• (h) achieve a factual and scientific approach to decision
• making;
• (i) achieve high performance in every public body, public office, category of public offices and profession or occupation;
• (j)promote and protect human rights and freedoms as provided for in the Constitution;and
• (k)promote an ethical environment for public service delivery in accordance with the national values and principles of governance and the values and principles ofpublic service as provided for in the Constitution.
• (5) A public service entity shall develop policies, guidelines or regulations to give effect to this section.

PARTX-EFFICIENCYANDEFFECTIVENESSOF

THEPUBLICSERVICE

• 53.(1) A public service entity shall promote efficiency and effectiveness of thepublic service by

Promotion of efficiency and effectiveness in thepublic service

• (a) developing a performance management framework whichwill include
• (i) strategic planning;
• (i) setting of performance management standards;
• (iii) development andreview ofperformance
• managementtools;
• (iv) establishmentofperformance evaluation criteria;
• (v) establishment of recognition, commendations and award schemes;
• (vi) remedies for underperformance;
• (vii) sanctions for persistent underperformance; and
• (vii) an appeals mechanism.
• (b)making the citizen aware of the services offered and commitment of the public service entity or public body on
• (i) accessibility of services;
• (ii) service delivery timelines,
• (ii)service delivery cost,and
• (iv)grievance handlingprocedure
• (c)making the citizen aware of their obligations with regard to receiptofservicesfrom thepublicservice
• entity or a Public body.
• (d) continually improving on service delivery standards by-
• (i) documenting processes;
• (ii) reviewing business processes,
• (iii)undertaking research and innovation,
• (iv)automating ofbusinessprocesses,
• (v) migrating of the business processes to electronic platforms,and
• (vi) ensuring that services are accessible through
• electronicplatforms.

• (e)evaluating citizen service delivery satisfaction by
• undertaking objective citizen satisfaction surveys.
• (f) evaluating the organization and core functions of the public service entity and public bodies with and implementation of measures for improved performance;
• (g)where applicable, performance agreements in public bodies within the mandate of
• evaluating the public service entity;
• (h) ensuring the evaluation of performance agreements relating to individual public officers;
• (i) investigate on its own motion or upon receipt of a complaint on inefficiency and ineffectiveness of
• service delivery in a public service entity including;
• (i) general practices that lead to inefficiency in the public service entity;and
• (ii) reported breach of any written law
• (j) issuing instructions for improved efficiency and
• effectiveness of thepublic service entity.
• (2) In this section,framework means a policy,manual, guideline or regulation.

PART XI-NATIONALVALUESAND PRINCIPLES OFGOVERNANCEANDVALUESAND

PRINCIPLES OF PUBLIC SERVICE

• 54.(1) A public service entity shall promote national
• values and principles of governance in Article 10 and values and principles ofpublic service in Article 232(1) of the Constitution by
• (a) integrating thevalues and principles in the regulations,procedures,policies and instruments for
• delivery of functions;
• (b) informing and educating public officers within its mandate about the values and principles for the
• purpose ofpracticing the values andprinciples;
• (c)formulating
• and implementing programmes intendedto inculcate in the public officers awareness of their civic responsibilities and

Promotion of values and principles.

appreciation of their rights and duties to uphold the

values and principles in respect ofits mandate;

• (d) overseeing the implementation and effectiveness of
• the programmes under paragraph (c);
• (e)assessing gand reporting on the public service entity's compliance with its obligations under international treaties and conventions on good
• governance, integrity and anti-corruption;
• collaborating with other institutions working in the fieldofgood governance, integrityand anticorruption for the purpose of promoting and protecting the values and principles of public service;
• (g)where applicable,reporting or recommending to the President and Parliamentor to the Governorand the County Assembly,as the case may be,on action taken or effective measures for promotion of the values and principles;and
• (h)performing such other functions as the public service entity may consider necessary for the promotion and protection of the values and principles

PARTXII-DISCIPLINARYCONTROL

55. 1 (a) A disciplinary action against a public officer 2. who commits an act of misconduct shall be considered within areasonableperiod butnot later than twelvemonths from the date of the commencement of the disciplinary process. 3. (b)Where a disciplinary action is not concluded within a period of twelve months,an officer on suspension shall resume duty and salary and benefits shall be restored with effect from the date the officer 4. resumes duty. 5. (c) Any salary and benefits withheld during the suspension period shall continue to be withheld 6. until a decision on the disciplinary process is made. 7. (d)A public officer who occasions the delay of a disciplinary process beyond the twelve months period referred to in subsection 1(a) shall be subject to disciplinary action.

General disciplinary

principlesof process.

• (2) Pending criminal proceedings shall not bar a public service entity orlawful appointing authorityfrom public officer.

2. (3) An acquittal or discharge by a court of competent 3. jurisdiction on a criminal offence shall not automatically insulate a public officer from an administrative disciplinary process. 4. (4) Pursuant to Article 236 of the Constitution a public officer shall not be disciplined forperforming thefunctions ofan office in accordancewith anywritten law. 5. (5)A public service entity or any other lawful appointing authority shall not prescribe any disciplinary process thatoffends the provisions of the Constitution and legislation. 6. pursuant to the provisions of Section 62 of the AntiCorruption and Economic CrimesAct. 7. 56.(1) Every alleged case of misconduct that is likely to lead to the commencementof a disciplinary action shall be 8. (a) promptly recorded and reported by the relevant 9. supervisor;and 10. (b) investigated without delay and a report submitted together with relevant evidence. 11. (2)Apublic service entity or lawful appointing authority undertaking investigations under subsection 1(b) 12. shall- 13. (a) designate a public officer or constitute a committee 14. to undertake; 15. (b)establish and maintain a record relating to the 16. investigation; 17. (c)record all relevant and material oral documentary evidence;and 18. and 19. (d) record details of any matter which may aggravate or mitigate the case.

• (3) A person or a committee investigating a disciplinary case shall only make findings on the allegations and reserve

Investigations impositionofpenalty,ifany,for thepublic service entity or lawful appointing authority.

• 57.(1) A public service entity or lawful appointing
• authoritymay send apublic officer oncompulsory leavefor a period not exceeding thirty working days during the conduct of an investigation where it is suspected that the officer may influence or interferewith the investigations.
• (2) The public service entity or lawful appointing authority shall notify in writing the officer being sent on compulsory leave of the reasons for the decision and the
• duration of the compulsory leave.

(3) An officer on compulsory leave shall be entitled to

full pay and benefits.

(4) Compulsory leave shall not be counted as part of an

officer's annual leave.

(5) Where the investigations are not concluded within the thirty working days, the compulsory leave may be extended once for a periodnot exceeding thirty working days after which the officer shall return to work or otherwise be subjected to disciplinaryproceedings.

• (6)A public officer on compulsory leave shall not access the office exceptwith written authority of thepublic service entity or lawful appointing authorityor forpurposes of accessing public services.

58. (1) Where investigations point to the misconduct of Notice to show

cause.

Hearing.

• a public officer, the public service entity or lawful appointing authority shall issue a notice in writing to the publicofficer.
• (2) The notice referred to in subsection (1) shall
• (a) provide details of the specific allegations against the public officer;
• (b) state the intended action to be taken against the
• public officer, if found guilty; and
• (c) require the public officer to respond to the allegations within twenty-one days of the date of receipt of thenotice.
• 59.(1) A public service entity or lawful appointing authority shall constitute a disciplinary committee to

Compulsory leave.

undertakedisciplinary proceedingsofan alleged

misconduct.

• (2)The disciplinary committee shall-
• (a) give reasonable notice of a hearing date asprovided in the manual,guidelines or regulations;
• (b) give the affected public officer an opportunity to be heard in person and to be accompanied by aperson of his or her choice;
• (c) give every party involved especially the affected publicofficerachance toproduce relevant peruse any documents that may have been
• documents,call and cross-examine witnesses,and produced;
• (d) sum up the case and record the comments in order to clearly show the findings and opinion on the issues under investigation in view of the evidence and the mitigating or aggravating factors on record;
• and
• (e)make a finding on the allegations of misconduct and recommend a penaltywhereapplicablefor consideration by the public service entity or lawful
• appointing authority.
• (3)A public service entity or lawful appointing
• authority shall consider the recommendations of the disciplinary committee and make a decision.
• (4) The decision referred to in subsection (3) shall be communicated to thepublicofficerandshall include-
• (a) the findings on each alleged misconduct which has been preferred against the public officer,
• (b) the penalty,if any,to be inflicted upon the public
• officer,and
• (c) the right to appeal or application forreviewwith the publicservice entity or other lawful authoritywithin the time prescribed in the applicable disciplinary
• manual,guidelines,orregulations.
• 60.(l) Where after a disciplinary process a public
• officer is found culpable,the public service entity or lawful as provided in section 64.

Penalties.

• (2) No public officer may be punished in a manner contrary to any provision of any written law.
• (3) A public service entity or lawful appointing

3. authority shall not deny a public officer pension benefits as a penaltyfollowing a disciplinaryprocess. 4. disciplinary proceedings include- 5. (a)recovery of the cost or part of the cost for any loss orbreakage caused by default or negligence, 6. (b) provided no such cost has been recovered by surcharge action under the appropriate financial instructions orregulations; 7. (c)warning or reprimand; 8. (d) deferment of increment in salary; 9. (e) Provided that the deferred increment shall not be 10. paid retrospectively upon the lapse of the period of deferment; 11. (f)defermentofapromotion

Provided that where deferment of a promotionis imposed, the imposition shall not persist for a period exceeding twelvemonths and the deferredpromotion shall take effect on the date the deferment lapsed

• (g)reduction in rank or seniority;
• (h) Dismissal
• (i) any other penalty as prescribed in any written law.
• (2)Nothing in this section shall limit the powers conferred on the public service entity or any other lawful appointing authority discharging a disciplinary function to, instead of imposing a penalty, require a public officer to
• retire from the public service on any of the grounds of retirement prescribed under this Act.
• (3) For purposes of this section, retirement on any ground may be allowed instead of a penalty if the prescribed conditions and procedures for such retirement as prescribed under this Act have been satisfied and the public service entity or any other lawful appointing authority discharging a disciplinary function considers upon proof of themisconduct that

• (a) the public officer has nevertheless raiseda mitigating factor which renders imposition of a penalty too harsh in view of the circumstances of the case;
• (b) the length of service,benefits accrued and previous good record of the public officer justifies the
• retirement;
• (c) imposing a penalty against the public service officer is likely to adversely affect the reputation of the public body concerned or the public service generally;
• (d) a public service entity or any other lawful appointing authority shall cause therelevant procedure for the intended retirement to be adhered to in view of the circumstances of the case.
• 62.Where after a disciplinary process a public officer is found culpable and is dismissed from service the public officer shall be entitled to pension benefits and other retirementbenefits.
• 63.(1) A public officer may be suspended
• (a) where a public service entity is satisfied that public interest requires that a public officer should immediately cease to exercise the powers and functions ofa public office;or
• (b)where proceedings which may lead to the public officer's dismissal are being taken or are about to be taken;
• against the public officer or where a public officer has been charged with a serious criminal offence.
• (2) A public officer who is suspended shall be entitled to half basic salary, full house allowance and medical benefitsbut other allowances and benefits shall be withheld by the public service entity or lawful appointing authority;
• (3) Where a public officer has been suspended but is not dismissed or otherwise punished under this Act, any salary,allowances or any other benefit withheld under this section shall be restored to the public officer upon
• termination of such proceedings.

Entitlement to

pension.

Suspension.

• (4) In this section,"salary"refers to basic salary and, where applicable,includes overseas allowance.
• (5)Where apublicofficerhasbeen suspended and such public officer is not dismissed but a penalty under this Act is imposed,any salary,allowances or any other benefit withheld under this section shall not be restored upon
• termination ofsuchproceedings:

Provided that upon termination of such proceedings,the officer shall be reinstated to thepublic office held at the commencementofthe proceedings or demoted in accordance with the prevailing terms and conditions of service applicable to the office and with effect from the

date of the decision to terminate theproceedings.

• 64.(1) Where a public officer has been suspended, the
• public officer may, in writing, request the public service entity or lawful appointing authority to communicate the progress and action taken towards the conclusion of the disciplinary case
• (2)Where a public officer has made a request in accordance with subsection (1),the public service entity or lawful appointing authority shall respond appropriately by writing to theofficer within thirty days from the date of receiptofthe officer'srequest.
• (3)Where a public officer has made a request in accordance with subsection (l) and thepublic service entity or lawful appointing authority has failed torespondwithin the period specified in subsection (2) or the public officer is dissatisfied with the response,the public officer may apply to thePublicService Entity for the lifting of the suspension.
• (4)A public service entity or lawful appointing authority shall upon receipt of an application under subsection (3) make an appropriate decision which may include the termination of the disciplinary proceedings.
• 65.A public service entity shall develop a manual, guidelines or regulation to give effect to this part.

66. Sections 58(1)(b), 60, 61, 62, 64, 66, 67 and 68 shall not apply to judges.

PARTXIII-RESIGNATION,RETIREMENTAND RELATEDMATTERS

• 67.Except as otherwise provided for in a contract of service, this part shall apply to resignation, retirement, pension or other benefits due to apublic officer.

Disciplinary

control regulations. Exclusion in respect tocertain State officers.

Application of this Part.

• 68.(1) A public officer desirous of resigning from a public office shall write a resignation letter to the public service entity or other lawful appointing authority.
• (2) The public officer shall give at least one months notice orpay one month'ssalary in lieu of notice.
• (3) Where a public officer resigns from the public service,the public officer shall be entitled to benefits in
• accordance with the
• (a) terms and conditions applicable as contained in the
• contract of service;
• (b) provisions of law governing the resignation of public officers;
• (c) employment law governingresignation generally;or
• (d) provisions of applicable legislation governing
• pension and retirement benefits.
• (4) A person who has resigned from the public service may re-join the service through a competitive recruitment process in accordance with the provisions of this Act, any other relevantlegislationor procedures governing appointment in the public service.
• 69.A public officer may retire from the public service on grounds of-
• (a) attainment of mandatory retirement age as may be prescribed by government policy,regulation or any
• other written law;
• (b) attainment of fifty years;
• (c) on medical grounds;
• (d) abolition ofpublicoffice;and
• (e)voluntaryretirement.
• 70.(l)Where a public officer has attained the Retirement on the basis of age. shall retire from the service with effect from the date of
• mandatory retirement age as prescribed,the public officer attaining the mandatory retirement age.
• (2)A public officer shall be considered for retirement as aperson with disability beyond theprescribed mandatory retirement ageiftheofficer

Grounds for

retirement and access to pension benefits.

• (a) has a disability of a permanent nature that can be
• perceived by significant sectors of the community and the disability has a substantial impact on the abilityof the officer to carry outordinary day today activities;
• (b) has been registered in the public service entity's human resource database as apersonwith disability for at least three years before the date of retirement;
• (c)a public service entity may consider cases of disability thatoccurless than threeyearsbefore the
• date ofretirement;
• (d) is registered by the National Council for Persons with Disabilities and has a tax exemption certificate from theKenya RevenueAuthority as apersonwith disability; and
• (e)registration by the National Council for Persons with Disability or possession of a tax exemption certificate shall not be construed as automatic evidence of disability.
• (3) Where a public officer requests to be considered for retirement beyond the prescribed retirement age on grounds of disability,a public service entity shall seek a second
• medical assessmentfrom a panel consisting of
• (a) a representative of the public service entity or
• lawful appointing authority;and
• (b) three eminent doctors appointed by the Director
• General for Health.
• (4) The second medical assessment referred to in
• subsection (3) shall supersede any other assessment.
• (5)A public officer shall not be retained in the public service on account of disability beyond the mandatory retirement agewithout the approval of the relevant public service entity.
• (6) A public service entity or other lawful appointing authority shall not extend the service of a retired public officer beyond themandatory retirement age.
• (7)Aperson who has attained the prescribed mandatory retirement age,may join the public service on contract

through a competitive recruitment process in accordance with the Constitution,this Act, or any other legislation governing appointment in the public service.

• 71.The retirement age of a public officer shall be governed with the laws of the relevant public service entity.
• 72.(l) A public officer may retire from the public
• service on groundsofill-health if-
• (a) the concerned public service entity considers thata public officer is incapable by reason of any infirmity of body or mind of discharging the function of thepublic office and therefore it is in the best interest of thepublic officer to retire;or
• (b) the public officer requests to be retired on grounds of ill health, and in this case, the public service entity or lawful appointing authority shall initiate the process for the retirement in accordance with
• this section.
• (2) Where a public officer is considered for retirement
• orhasrequested toberetiredin accordancewithsubsection (1),thepublic service entity or lawful appointing authority shall require the public officer to appear before a medical board constituted by the Director General for Health to ascertain whether ornot thepublicofficer should be retired on grounds ofill health.
• (3) The Director General for Health shall constitute a
• medical board referred to in subsection (2) within a period of thirty daysfrom thedateofreceiptof therequest.
• (4)After the public officer has been examined in accordance with subsection (3)and the medical board finds that the officer should be retired on grounds of ill health, theDirector General for Healthshall forward themedical board's records of proceedings and findings together with theDirector General for Health comments thereon to the public service entity or lawful appointing authority who shall-
• (a) request the public officer to make any personal representation in view of the medical board's record ofproceedings and findings;
• (b)make recommendation in view of the medical board's findings on the public officer and thepublic
• officer'srepresentation,if any,and

Retirement.

Retirement on grounds ofill

health.

• (c) forward all the documents referred to in this section to the public service entity or lawful appointing authority.
• (5) Subject to Article 168 of the Constitution,and
• unless the public service entity or lawful appointing determine whether thepublic officer should be called upon to retire on grounds of ill health.
• (6) Subject to Article 168 of the Constitution,where a public officer, who has the ability to appear before the lawful appointing authority shall make an appropriate
• medical board, fails to appear, the public service entity or decision, including retiring the public officer on grounds of ill-health,where appropriate
• (7)Where,by reason of infirmity of mind arising from ill health,a public officer is incapable of consciously following the procedural steps under subsection 4, the public service entity or lawful appointing authority shall determine whether ornot to retire the public officer on the ground of ill health or make any other relevant determination.
• (8) A public service entity or lawful appointing
• authority shall conduct an investigation to confirm the illness and the impact of the illness on the officer's ability to perform his orher duties before exercising the powers contemplated in subsection (7).
• (9) A public service entity or lawful appointing authority may require the next of kin of the officer to present the officer fora medical examination.
• (10) A public officer who retires on the ground of ill
• health shall be eligible for applicable retirement benefits.

73. A public service entity may retire a public officer where the public officer is required or is willing to voluntarily retire in accordancewith the terms of a special retirement scheme determined by the public service entity.

• 74.(1) A public officer may voluntarily retire from the service upon servingfor aperiod offiveyears and shall be entitled to a pension in accordance with the written law
• relating to pensions.

Retirement based on special contractual terms or special retirement scheme. Voluntary

retirement.

• (2)A public officer who opts to voluntarily retire from service shall give the public service entity or lawful
• appointing authority one months'notice in writing.
• 75.(1) A public officer who has been retired under this part shall be entitled to apply for a review against the decision ongroundsof-
• (a) fresh material facts which with due diligence could not be presented when the decision was initially made;
• (b) an error apparent on the record of the initial
• decision;or
• (c)manifest absence ofparity of treatment in view of
• the circumstances and facts of the case.
• (2)An application forreview under thissection shall be made and determined within six months from the date of
• the retirement decision:

Provided that the public service entity or lawful appointing authoritymay consider an applicationforreview outside theprescribed timeif circumstances warrant it.

• 76.(l)A public officer who has retired under the provisions of this Act shall be entitled to pension or retirement benefits in accordance with thisAct or any other applicable legislation.
• (2)Where a public officer has retired under the provisions of this Act,a public service entity or lawful appointing authority shall-
• (a)notify thepublic officer in writing;and
• (b)not later than ninety days before the date of
• retirement,prepare and forward the public officers pensions claims to the pensions branch of the national treasury or other lawful authority charged with administration of the public officer's pensions benefits.

Death.

77. Upon the demise of a serving public officer, the 2. public service entity or a lawful appointing authority shall accord the public officer's nominated beneficiary all the benefits as per the public service entity's or lawful

Retirement decisions reviewable.

appointing authority's applicable death benefits,pension arrangement and related insurance benefits and member

nomination of beneficiaries form.

PARTXIV-APPEALSANDAPPLICATIONSFOR

REVIEW

• 78.(1) Each public service entity shall hear and Appeals. determine appeals arising from decisions made pursuant to theprovisions ofthis Act.
• (2) An appeal under subsection (1) shall be made in writingwithinninety days from the date of thedecision appealed against:

Provided that thepublic service entitymay consider an appeal that was made out of time if,in the opinion of the public service entity the circumstances warrant such consideration

• (3)A public service entity shall not entertain an appeal by a public officer or a representative of a public officer, in
• respect of a particular decision,more than once.
• (4) Despite the right of appeal conferred on a public officer by this section,a decision shall not be deferred or
• suspended pending the determination of the appeal.
• (5)After considering an appeal,the public service entitymay
• (a) uphold the decision;
• (b) set aside the decision;
• (c) vary the decision as it considers to be just
• (d) give such directions as it may consider appropriate
• with respect to the decision;
• (e) direct the refund,reinstatement of remuneration or release ofanywithheld payments due to the public
• officer as it considers to be just;
• (f) direct that disciplinary action be taken against any
• public officer who has failed to discharge a duty that was the public officer's responsibility to perform in relation to any provisions of this Act and the concernedpublic service entity orpublic body has suffered a loss;or

• (g)make any other appropriate decision in view of the
• circumstances of the case.
• (6) Where a public service entity sets aside a decision arising from disciplinary proceedings,the public officer shall revert to the previous status held and receive the attendant benefits as though the decision set aside was never made.
• (7) Each public service entity shall develop regulations
• to make provisions for theprocedure on appeal.
• 79.(l) Any person who is dissatisfied or affected by a
• apply for review and the public service entity may consider the application if
• (a) fresh material facts arise which with due diligence could not be presented when the decision was initially made;or
• (b) there is an error apparent on the record of the earlier decision.
• (2)An application for reviewunder subsection (l) shall be in writing and made within ninety days from the date of
• the decision to bereviewed:

Provided that the public service entity may entertain an application for review out of time if,in the opinion of the public service entity,the circumstances warrant it.

• (3) Despite the right to apply forreview conferred on a

2. public officer by this section, a decision shall not be deferred or suspended pending the determination of the application for review. 3. (4)After considering an application for review,the public service entitymay 4. (a) uphold the decision; 5. (b) set aside the decision; 6. (c)vary the decision as it considers to be just;or 7. with respect to the decision. 8. (5)Where thepublicservice entity sets aside a decision arising from disciplinary proceedings, the public officer shall revert to the previous status held and receive the attendant benefits as though the decision set aside was never made

Reviews

PARTXV-MONITORING,EVALUATIONAND

REPORTING

• 80.Apublic service entity shall develop a monitoring and evaluation framework for purposes of monitoring compliance with theprovisions of this Act and reporting on mattersreferred to under section84.
• 81.(l) Within three months of the end of each financial year, each public service entity shall prepare an annual humanresource reportfor presentation to thePresident and Parliament or to the Governor,County Assembly and the
• Senate in respect to County Government public service.
• (2) the report referred to in subsection (l) shall contain-
• (a) the extent of implementation of this Act;
• (b) the number and nature of offices established and
• abolished;
• (c) the ethnic composition based on the current population survey estimates, gender distribution, minorities and marginalized, persons with disability, youth,age distribution and number of persons recruited by the public service entity within the financial year;
• (d) the staff establishment including the authorized,inpost in relation to paragraph (c) above and the variance;
• (e) the number of expatriates employed by the public
• service entity during the financial year;
• (f) the qualifications of persons recruited within the
• financial year;
• (g) the number of retired public officers who have been appointed on contract;
• (h) the number of persons appointed as interns;
• (i) the number ofpersonswho have been appointed as
• volunteers and their deployment in a publicbody;
• G) the particulars of public officers who have been trained, and the training undertaken within the
• financial year;
• (k) the number of persons that have exited the service;

Monitoring and Evaluation.

Human Resource Management Report

• (l) the extent of achievement of annual performance
• targets;
• (m)the number of persons facing disciplinary action;
• (n)particulars of persons facing economic crime charges in a court of law;
• (o)extent of compliance with court orders;and
• (p) any other human resource matters.

Provided that where there is non-compliance with court orders a publicservice entity shall providereasons for the non-compliance.

• (3) Parliament shall be responsible for the review of the annual human resource report referred to in subsection (1) in accordance with the law and where necessary, may

2. seek the advice of thePublicService Commission. 3. 82.A public service entity shall publish and publicise the annual human resource report.

Report to be published.

PARTXVI-MISCELLANEOUSPROVISIONS

Delegation

• 83.(1)A public service entity may,where appropriate and in writing delegate any power or assign a duty conferred to it under the constitution or legislation to its members,a public officer,a body or authority in the public service.
• (2) Apublicofficer orbody orauthority towhom a delegation has been conferred in subsection (1) shall not havepower to delegatetoanother.
• (3) A delegation or assignment under subsection (l) shall not prevent the public service entity from exercising itspowers.
• (4) A delegation under this section
• (a) shall be subject to any conditions that the public
• service entity may impose;
• (b) shall not divest the public service entity off the responsibility concerning the exercise of the powers or the performance of the duty delegated;
• and

• (c)may be withdrawn,and any decision made by the person to whom the delegation is made,withdrawn or amended by thepublic service entity.
• (5) A public service entity may, at any time, institute
• an audit,investigation or inquiry to determine whether the delegated powers are properly exercised.
• (6) Where the audit,investigation or inquiry establishes that a delegated power has been breached or improperly exercised,the public service entity shall take corrective measures,including revoking the delegation.

84. If it comes to the attention of a public service entity that there is reason to believe that any process or decision under this Act may have occurred in an irregular or fraudulent manner,the public service entity shall investigate or inquire into the matter and, if satisfied that the irregularity or fraud has occurred, the public service entity may-

• (a) revoke the decision;
• (b) direct the concerned head of department or lawful
• appointing authority to commence the process afresh; or
• (c) take any corrective action including disciplinary action.
• 85.(1) A public service entity or lawful appointing authority shall maintain a record of all its decisions and all documentation on the exercise of its constitutional and legislativemandate.
• (2) A public service entity or lawful appointing
• authority shall maintain a record ofa publicofficer which shall contain-
• (a) the application letter;
• (b) the minutes containing the appointment;
• (c) the appointment letter;
• (d) academic and professional certificates;
• (e) identification documents;and
• (f) any other documents as may be required by the public service entity or lawful appointing authority.

Action on irregularity of process.

Records management.

• (3) A public service entity,in the performance of its duties under this Act may require any public officer to produce any document or information.
• (4) The provisions of Article 31 of the Constitution and theData Protection Act shall apply to thisSection.
• 86.Any decision of the public service entity affecting an individual public officer shall be communicated to the officer in writing through the applicable communication channels of the public service entity.
• 87.Where under this Act it is necessary to serve any notice,charge or other document upon a public officer or any person or to communicate any information to any public officer the notice,charge or other document, or a letter containing suchinformation,may be
• (a) hand delivered;
• (b) sent by electronic mail to the person's usual or last
• known mail address;
• (c) sent by registered post addressed to the person's usual orlastknownpostal addressorpostofficebox numbe;or
• (d) any other legally recognized electronic modes of
• communication;
• (e) and the relevant evidence of such delivery,
• electronic mail or postage shall be retained as evidence ofdelivery
• 88.(l) A request for information by a citizen
• (a) shall be addressed to the public service entity and may be subject to thepayment of a reasonable feein instances where the public service entity shall incur an expense in providing the information;and
• (b)may be subject to confidentiality requirements of
• the public service entity.
• (2) Subject toArticle35of the Constitution and to the law relating to data protection and access to information, thepublic service entitymay decline to give information to an applicant.

Communication of decisions.

Serviceof notices,etc.

Access to information.

• (3) The right of access to information under Article 35

2. of the Constitution shall belimited to thenature and extent specified underwritten law. 89. (1) A public service entity may, on its own initiative or on the request of any person, facilitate conciliation, mediation or negotiation in respect of any issue relating to the public service entity's constitutional or statutory functions and shall encourage the parties to arrive at an 4. amicableresolution. 5. conciliation,medication or negotiation under subsection (1),the public service entity shall ensure that every party to the conciliation, mediation ornegotiation has an opportunity to make representations in 6. (2)Infacilitating respect of the matter. 90. A public officer who contravenes any provision of accordancewith the terms ofservice and beliable to the prescribed penalties including being barred from holding public office for a period of five years from the date the decision barring the public officer is made. 91. (1) Subject to any other written law, no member or 9. officer of a public service entity or any other person shall publish ordisclose to any unauthorizedpersonor otherwise contents of any document,communication or information which has come to the knowledge of such member or officer in the course ofperforming their duties under this Act or under anyregulation made there under 10. (2)A person who contravenes subsection(l) commits an offence and is liable,on conviction, to a fine not exceeding onehundredthousandshillingsorto imprisonment for a term not exceeding two years,or to both.

• (3) Subject to any other law, any person who discloses or publishes any information other thanin accordance with Article 35 of the Constitution and the lawrelating to data protection and access to information commits an offence and is liable on conviction,to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding twoyears or to both.

Conciliation, mediation and negotiation

Contravention of

this Act.

Offences.

• (4) Any person who gives false or misleading information toapublicservice entity or to anymember or officer ofa public service entity commits an offence and is liable,on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five
• years,or to both.
• (5) A person who is convicted of an offence under this section shall be disqualified from being appointed as a public officer for aperiod of fiveyears after conviction.
• 92.(1) Where criminal or civil proceedings are instituted against a public officer as a result of an act of omission or commission in the course of duty,the officer may apply to the public service entity or lawful appointing
• authority for assistancein defence of the proceedings.
• (2) In deciding whether or not to provide assistance in defence ofa public officer,a public service entity or lawful appointing authority shall satisfy itself that the public officer acted ingoodfaith in the execution of duty and that itisin thepublicinterest that the officer be defended.
• 93.(1) Any matter not addressed by this Act shall be dealt with in accordance with such special or general directives issued by a public service entity.

Defenceof Officers in Criminal or Civil

Suits.

Cases not covered by this

Act.

• (2) subject to any written law,nothing in this Act shall preclude a public service entity from considering and determining any human resource matter that has not been addressed in thisAct.

2. 94.(l) The Cabinet Secretary may make regulations for Regulations. the better carrying out of the provisions of this Act.

• (2) Without prejudice to the generality of subsection (1),theregulations may provide for-

4. (a) the appointment, discipline and removal of staff in the public service; 5. (b) the form and method of keepingrecords under this 6. Act; 7. (c) guidelines,or criteria on the qualifications of 8. persons entering the public service; 9. (d)administration of career guidelines and professional development programs for public officers;

• (e) operations and procedures of a committee;
• (f) guidelines on retirement; and
• (g) any other matter incidental to the discharge of the functions under this Act.
• (3) The Cabinet Secretary may issue manuals and guidelines from time to time which shall bein accordance with theprovisions of this Act.
• 95.Anyhuman resource management.processes, procedures and proceedings that are pending before a public service entity before thecommencementof this Act shall continue and be concluded as if they were instituted under this Act.

96. The Acts specified in the schedule are amended in the manner and form as specified in the Schedule.

Transition.

Consequential amendmentsto other Acts

SCHEDULE (S.99)

CONSEQUENTIALAMMENDMENTSTO OTHERACTS

Amendment of

section5of Cap.446. Amendment of section7of Cap.446. Amendment of section27of Cap.446. Repeal of section6lof No.14 of2007. Amendment of section44of No.17of2012. Amendment of section62of No.17of2012. Amendment of section76of

No.17of2012

• 1.Section 5 of the State Corporations Act is amended by deleting subsection (3).
• 2.Section 7 of the State Corporations Act is amended by deleting subsection (3).
• 3.Section 27 of the State Corporations Act is amended in subsection (i) by deleting paragraph (c).
• 4.The Labour Relations Act is amended by repealing section 61.
• 5.Section 44 of the County Governments Actis amended in subsection(3) by deleting paragraph (a).
• 6.Section 62 of the County Governments Act is amended by deleting subsection (2).
• 7.Section 76 of the County Governments Act is amended by deleting--
• (a) subsection (3);
• (b) subsection (4);
• (c) subsection (5);and
• (d) subsection (6).

Repealof 8.The County Governments Act is amended by repealing section 82.

section82of No.17 of2012. Repeal of sectionof83of No.17of2012. Repealof section14of No.18of2012. Repealof section13of No.49of2012 Repealof section21of No.49of2012. Repealof section23of No.49of2012 Repealof section25of No.49of2012.

• 9.The County Governments Act is amended by repealing section 83.

• 10.The Public Finance Management Act amended by repealing section 14.

is

• 11.The Office of the Attorney General Act is amended by repealing section 13.

• 12.The Office of the Attormey General Act is amended by repealing section 21.

• 13.The Office of the Attorney General Act is

• amended by repealing section 23.

• 14.The Office of the Attormey General Act is amended by repealing section 25.

| Repeal of section70of No.10 of2017. | 15.The Public Service Commission Act is amended by repealing section70. | |---------------------------------------|------------------------------------------------------------------------------------------| | Repeal of section71of No.10 of2017. | 16.The Public Service Commission Act is amended byrepealingsection71 | | Amendment of section6 ofNo. 12of2021. | 17. Section 6 of the Foreign Service Act is amended by deleting subsections (c) and (j). | | Repealof section8ofNo. 12 of2021. | 18. The Foreign Service Act is amended by repealing section8. |

Amendment of section1lof No.12 of2021. Amendmentof section12of No.12 of2021. Repealof section 13of No.12of2021 Repealof section19of No.12 of2021. Amendment of section49of No.12 of2021.

• 19.Section 11 of the Foreign Service Act is amended by deleting subsections l(a) and (b).
• 20.Section 12 of the Foreign Service Act is amended by deleting subsection 2(b).
• 21.The Foreign Service Act is amended by repealing section 13.

22. The Foreign Service Act is amended by repealing section 19.

• 23.Section 49 of the Foreign Service Act is amended by deleting subsection 1(b) and (h).

MEMORANDUM OF OBJECTS AND REASONS

The Bill seeks to guide human resource management in the public service for an efficient and effective public service that will consistently deliver high quality services to its citizens and effectively implement policies andprogrammes to accelerate the growth and developmentof the Country.

The Bill also seeks to address the public human resource sector environment that is currently loaded with conflicting legislation and policies and therefore not fully supportive of implementing decisions and actions that are crucial for transforming the public service and the Country and;toreposition thepublicservice so thatit can better serve thepeople of Kenya in order to facilitate development of the Country as per the aspirations of the development goals.

This Bill therefore seeks to provide uniform norms and standards for management and delivery ofpublic services.

• Part I of the Bill provides for preliminary matters including the interpretation and scope of the Bill.
• PartHl of the Bill provides for the responsibility for management of human resources in the public service and assigns responsibility to variouspublic service entities.
• Part Ill of the Bill contains provisions relating establishment and
• abolition ofoffices.
• Part IV of the Bill provides re-organization of offices and consequences thereto with respect to public officers
• Part V of the Bill provides for appointments and other related matters including appointment of chairpersons and members of councils of publicuniversities,boardsofState corporationsand otherpublicbodies
• Part VI of the Bill provides for the grounds for removal of a principal secretaryora chiefofficer.
• PartVll of the Bill provides for the qualifications applicable for appointment to an office in the public service.

PartVIll of the Bill providesfor the conditions of service applicable topublic officers.

Part IX of the Bill provides for training and development for public servants and the provision of a mandatory annual budgetary allocation by the national treasury for training and development to provide the required impetus for public service transformation in view of the rapidly changing global socio-economic environment.

PartX of the Bill provides for efficiency and effectiveness in the

publicservicewith a focus on service delivery to citizens.

Part XI of the Bill provides for the promotion of national values and principles of governance and values and principles ofpublic service.

Part Xll of the Bill provides for disciplinary control including

considerations offair administrative action.

Part Xlll of the Bill provides for various forms of exit from

service andconsequential entitlements.

Part XIV of the Bill provides for monitoring, evaluation and

reporting ontheimplementation of theAct.

Part xV of the Bill sets out modes for hearing and determining

appealsand applications for review within public entities.

Part XVI of the Bill sets out miscellaneous provisions including

some basic principles and the power to make regulations for the better carrying into effect oftheAct.

Schedule the schedule of the bill provides for the consequential amendmentstootherActs.

Statement on whether the Bill concerns County Governments:

The Bill contains provisions affecting County Governments in terms ofArticle 1io(a)of the Constitution as it affects thefunctions and powers ofCounty Governments asset out in theFourthSchedule.

The enactment of this Bill shall occasion additional expenditure of publicfunds to beprovided for through the estimates.

Dated the 20th November 2024.

KAREMBAERICMUCHANGI, Chairperson, Departmental CommitteeonLabour.