New Bill seeks to have public officers' qualifications accessible to all Kenyans

Kenyans may soon have the ability to access information about the qualifications of officers holding positions in the national government, county governments, and other public service offices, should the National Assembly pass the Public Service Human Resource Management Bill, 2024, into law.

The proposed Bill mandates that all public entities regularly review, publish, and publicise the qualifications of public officers, aiming to enhance transparency and accountability in the public service.

The Bill, sponsored by Eric Karemba, chairperson of the National Assembly's Labour Committee, seeks to provide clear guidelines for the management of public service to ensure more effective service delivery to citizens.

"A public service entity shall regularly review, publish and publicise qualifications relating to all public officers established by the public service entity," the Bill reads.

"A public service entity or a lawful authority shall publish and publicise any revised qualifications to public officers within their mandate."

In addition to ensuring that qualifications are publicly accessible, the Bill aims to streamline the governance of public human resources, which is currently fragmented by conflicting laws and policies that hinder the effective transformation of the public service.

It also provides specific provisions for the qualifications required for appointments to various public offices, including chairpersons and members of public university councils, boards of State corporations, and other public bodies.

Fake academic qualifications

The proposed law comes amid an ongoing crackdown on state officers using fake academic qualifications to secure employment or promotions.

The Public Service Commission (PSC) and the Ethics and Anti-Corruption Commission (EACC) have been investigating and taking action against public officers who obtained their positions through fraudulent academic credentials.

A recent audit revealed over 2,000 fake academic and professional certificates were used to secure jobs in government institutions, prompting the PSC to issue circulars directing state organisations to terminate the services of officers found to have falsified their qualifications.

The Bill also includes measures to address the practice of indefinite acting appointments in public offices.

It proposes that officers can only act in a position for a non-renewable period of at least 30 days, but not exceeding six months.

During this period, public entities are required to begin and conclude the recruitment process for a substantive officeholder.

"Nothing in this section shall prevent a public service entity or a lawful appointing authority from deploying another public officer to act or perform duties for a period exceeding six months during the temporary absence of the substantive holder of a public office," the Bill reads, noting that such arrangements should not undermine timely and competent appointments.

The Bill, which was tabled in the house on November 22, 2024, also seeks to address other issues, such as ensuring that public officers are properly vetted before being appointed, promoted, or awarded public office positions.

"A determination, review or recommendation of qualifications shall not apply retrospectively to a public officer who is already holding or acting in the public office with respect to which the qualification relates," the Bill clarifies.

This means that any qualifications review will not affect current officeholders unless a specific decision is made for their promotion in line with the updated qualifications.