PSC calls for withdrawal of Bill transferring its powers to Head of Public Service
If passed, Koskei would be granted sweeping powers over the hiring of civil servants, teachers and employees across various public sectors, including county governments, parliamentary staff, judicial personnel and parastatal workers.
The Public Service Commission (PSC) has opposed a proposed Bill that seeks to transfer its functions to the head of Public Service, Felix Koskei, claiming the move undermines its constitutional role and could destabilise public service governance.
According to the Public Human Resources Management and Development Bill, Koskei would be granted sweeping powers over the hiring of civil servants, teachers and employees across various public sectors, including county governments, parliamentary staff, judicial personnel and parastatal workers.
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The Bill, which has sparked opposition from the PSC, aims to repeal the PSC Act and shift the commission’s responsibilities to the Ministry of Public Service. PSC argues that the proposal is unconstitutional and has called for its withdrawal.
PSC states that the Bill contradicts existing laws such as the County Government Act, the Public Service (Values and Principles) Act, the Leadership and Integrity Act, the Ethics and Anti-Corruption Commission Act, the Pensions Act and the Public Service Superannuation Scheme Act.
The commission emphasises that the Bill, by transferring its powers to the Ministry of Public Service, violates Article 234 of the Constitution, which ensures the autonomy of the 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,” reads the PSC report.
Appeals
PSC further argues that the Bill limits its role to hearing and determining appeals arising from county governments’ public service, leaving the Ministry of Public Service and its committees with the power to manage most public service functions.
The commission also contends that the proposal encroaches on the mandates of other constitutional bodies, including the Judicial Service Commission (JSC), Teachers Service Commission (TSC), and the Parliamentary Service Commission (PSC), as well as county Public Service Boards (CPSBs).
The report notes that the Bill appears to revert Kenya’s public service system to a pre-2010 model, where the executive held extensive control over public service functions, a system rejected by the 2010 Constitution. PSC warns that the Bill disregards clear constitutional provisions regarding the powers and functions of the commissions, CPSBs, and County Assembly Public Service Boards (CAPSBs).
The Bill, sponsored by former Public Service Cabinet Secretary Justin Muturi, was approved by the Cabinet on March 11. It seeks to provide a comprehensive framework for managing and developing human resources in public service at both the national and county levels.
However, PSC has rejected key provisions of the Bill, particularly its implications for the autonomy of public service commissions. On the appointment of interns, for example, PSC stresses that it is the sole body responsible for appointing interns and volunteers, along with providing the relevant guidelines and policies for such appointments.
The Bill also proposes changes to how transfers and secondments between national and county governments would be handled, a move PSC argues threatens the separation of powers between the two levels of government.
“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 CAPSBs,” reads the report.
Further, the Bill includes provisions that would grant the head of Public Service additional powers in Clause Six—powers that had previously been rejected by Parliament in the National Government Administration Laws (Amendment) Bill 2023.
PSC argues that the transfer of its responsibilities would severely undermine the decentralisation of public service and erode the principle of independent commissions established by the 2010 Constitution.
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