The government has mooted a new law that, if enacted, would transfer powers of the Public Service Commission (PSC) to the head of Public Service.

The bill that has elicited opposition from PSC would grant the head of public service and chief of staff, Felix Koskei, sweeping powers in the hiring of civil servants, teachers, county, parliamentary, judicial and parastatal employees.

 But PSC says the move is unconstitutional and wants the proposed bill that was sanctioned by the Cabinet withdrawn.

The commission has rejected the bill known as the Public Human Resources Management and Development as it seeks to repeal the PSC Act.

In addition, the commission says the bill introduces provisions that conflict with existing laws such as the County Government Act, the Public Service (values and Principles) Act, the Leadership and integrity act, the Public Officer Ethics Act, Ethics and Anti-Corruption Commission Act, pensions act and the Public Service superannuation scheme act.

Dismantle PSC

In a report seen by the People Daily, the commission says the bill appears to dismantle PSC by transferring its powers and responsibilities to the head of Public Service, contravening Article 234 of the constitution which stipulates PSC’s autonomy and authority.

The bill, sponsored by then Cabinet Secretary for Public Service and Human Capital Development Justin Muturi and which was approved by the Cabinet on March 11 seeks to provide an overarching framework for the effective management and development of human resources in the public service at both the national and county levels of government.

 The Bill seeks to enhance professionalism, standardisation and efficiency in public service delivery by codifying the roles, responsibilities and functions of various public offices and committees involved in human resource management and development.

Jeopardises role

Reads the report by PSC:” By undermining PSC’s independence , the proposal conflicts with article 249 of the constitution. It jeopardises the commission’s role in promoting constitutionalism, safeguarding the people’s sovereignty and ensuring that all state organs adhere to the democratic values and principles.”

The commission further argues that the bill gives all the responsibilities to the Ministry of Public Service and committees and only leaves the commission with the mandate to hear and determine appeals arising from county governments public service.

The report notes that the bill encroaches on the mandate of county Public Service Boards, the Judicial Service Commission (JSC), Teachers Service Commission (TSC), Parliamentary Service Commission (TSC), constitutional commission and independent offices as it makes reference to public offices and defines them to mean an office within the public service whose remuneration and benefits are paid from consolidated fund.

PSC argues that the bill appears to shift the public service structure to a pre-2010 system where the executive had extensive control over public service functions, a model that Kenyans rejected in the 2010 constitution.

Reads the report: “The bill disregards clear constitutional and statutory provisions on express powers and functions of the commissions, County Public Service Boards(CPSB), the County Assembly Public Service Boards(CAPSB) and all the service commissions.”

On the appointment of interns, PSC says it is the only institution responsible for the appointment of interns and volunteers, as well as the provision of guidelines and policies for such appointments.

With regards to t transfers and secondments between the national and county government, the commission has rejected the proposal saying this is an attempt to make the national and county governments one service with the ministry as the central employer.

Reads the report: “The constitution provides for the National Government and each county government as separate employers. The proposal seeks to usurp the functions and powers of PSC and the individual CPSBS and CASBS.”

It argues discipline in the public service is the mandate of the commission.