SRC accused of fuelling turf wars among key public agencies

The Salaries and Remuneration Commission (SRC) has been accused of fuelling disputes between key public service agencies, undermining efficiency in the management of state corporations and public universities.

According to the National Assembly’s Constitutional Implementation Oversight Committee (CIOC), this interference has escalated tensions between the budget-strapped Public Service Commission (PSC) and both the State Corporations Advisory Committee (SCAC) and the Inspectorate of State Corporations (ISC).

The mandate clash, highlighted in a CIOC report, has reportedly created confusion and inefficiency in public service management. The PSC has accused SCAC and ISC of consistently encroaching on its constitutional and statutory mandate over human resources in state corporations and public universities, while also pointing fingers at SRC as an accomplice.

“SRC has exceeded its advisory role by directly engaging with agencies under PSC’s mandate rather than channelling advice through the designated employer,” reads the CIOC report.

The committee has directed PSC to engage the Attorney General to draft legislation that aligns the State Corporations Act with the constitution, aimed at eliminating jurisdictional overlaps between PSC, SCAC, and other agencies.

The SRC’s constitutional mandate covers advising on remuneration and benefits for public officers. However, the PSC told CIOC that SRC has bypassed it to give advice directly to SCAC and ISC.

“SRC has consistently given advice directly to agencies that fall under the mandate of PSC, thereby distorting remuneration in the public service and intensifying discrimination, unfairness, and inequality,” the CIOC report records PSC as stating.

PSC explained that it recruits personnel on request from various institutions rather than through strategic workforce planning. Meanwhile, SCAC, whose mandate is governance oversight, has been carrying out human resource functions, further blurring lines of responsibility.

The ISC is tasked with ensuring good corporate governance, compliance and performance in state corporations. Its functions include advising the government, conducting management audits, investigating mismanagement and misappropriation of funds, and facilitating recovery of lost money to ensure efficient service delivery and drive national development.

The ISC has powers to inspect records, attend meetings, surcharge officials for financial losses and report findings to relevant ministers and the Auditor General.

Despite clear constitutional and statutory mandates, PSC noted that fragmentation and gaps in the legal framework persist. The commission also cited disruptive court rulings as a barrier to effective mandate implementation, with numerous cases challenging human resource decisions in the public service. PSC said it often finds itself involved in litigation arising from misinterpretation of existing laws, adding operational burdens.

On financial resources, PSC reported facing limited allocation despite its expanded mandate. During the 2023/24 budget sector retreat, the commission requested Sh5.61 billion to implement five programs but received only Sh3.67 billion. PSC highlighted that Technical Vocational Education and Training (TVET) functions were transferred from the Teachers Service Commission (TSC) to PSC in 2018 without corresponding funding. It also handles an increasing number of appeals from counties, universities, and state corporations, along with related court litigation under its quasi-judicial functions.

The commission is also struggling with understaffing.

“The understaffing results from limited budgets while responsibilities have increased,” PSC said, noting a 45 per cent gap in its secretariat.

Its mandate expansion now covers senior management positions in public universities, constitutional commissions and statutory bodies.

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The CIOC report further notes that PSC is operating under “severe facility constraints” due to reduced budget allocation, including inadequate office space, limited work equipment, and restricted mobility resources.

“The commission noted that attempts to enhance staff numbers within the same constrained office space have created operational challenges,” reads the report, adding that PSC is exploring options for securing a government plot to establish a permanent facility.

CIOC noted that a permanent facility would allow PSC to consolidate all functions under “one roof” with adequate parking and supporting infrastructure, enabling full implementation of its expanded mandate.