Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendment) Act, 2023
LAWS OF KENYA
PUBLIC SERVICE COMMISSION ACT
CAP. 185
- Published in Kenya Gazette Vol. CXIX—No. 51 on 21 April 2017
- Assented to on 7 April 2017
- Commenced on 26 April 2017
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Public Service Commission Act.2. Interpretation
In this Act, unless the context otherwise requires—"acting appointment" means temporary conferment upon a public officer, by the Commission or the relevant appointing authority, the power to perform duties of a public office other than the office the officer is substantively appointed to hold, while the public officer continues to hold the substantive appointment;"affirmative action" means any measure designed to overcome or ameliorate an inequity or the systemic denial of opportunities;"appointment" includes appointment, acting appointment, re-appointment, promotion and re-designation;"authorized officer" in relation to the Commission, means any officer, body or authority appointed by the Commission to perform its delegated functions in a Ministry or State department, or any member of the Commission;"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to the public service;"casual employee" has the meaning assigned to it in the Employment Act (Cap. 226);"Chairperson" means the chairperson of the Commission appointed in accordance with Article 233(2) of the Constitution;"code of conduct" means any written standard that is issued by any lawful authority—(a)that guides the behaviour of any category of public officers or public bodies; and(b)is aimed at ensuring ethical, efficient and effective performance of the public service;"Commission" means the Public Service Commission established under Article 233 of the Constitution;"conditions of service" means any right or obligation relating to a public officer including—(a)appointment;(b)standards of conduct;(c)removal;(d)working hours;(e)leave;(f)grievances;(g)disciplinary control;(h)medical care;(i)water;(j)welfare;(k)working environment;(l)housing; and(m)pension benefits."confirmation in appointment" means the placement of a public officer on permanent and pensionable terms of service upon completion of the probation period;"county government" means a county government established under Article 176(1) of the Constitution;"Director" means the Director of Public Prosecutions appointed under Article 157 of the Constitution;"disciplinary control" includes control in so far as it relates to due process of justice and any of the lawful penalties that are provided for in this Act or specified in any written law;"Judicial Service Commission" means the Judicial Service Commission established under Article 171(1) of the Constitution;"member" means a member of the Commission appointed in accordance with Article 233(2) of the Constitution and includes the chairperson and vice-chairperson;"minor offence" means any crime which upon conviction, the prescribed sentence is a fine or in default, imprisonment for a period not exceeding six months;"National Police Service Commission" means the National Police Service Commission established under Article 246(1) of the Constitution;"official document" means any document or paper prepared by any public officer in the course of employment or any document or paper which comes into the custody of any public officer in the course of employment;"Parliamentary Service Commission" means the Parliamentary Service Commission established under Article 127(1) of the Constitution;"pensionable public officer" means a public officer who has been confirmed in appointment and admitted to the permanent and pensionable establishment;"pension benefits" means any pension, compensation, gratuity or other similar allowance payable to a person in respect of such person's service as a public officer, or to the widows, children, 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;"a public body" includes—(a)any corporation, council, board, committee or other body which has power to act under and for 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 of shares which are owned by a person or entity that is a public body by virtue of any of paragraph (a) of this definition;(c)statutory public bodies; or(d)any public body brought under the jurisdiction of the Commission by an Act of Parliament for a specified function to the extent of that function;"public service" has the meaning assigned to it in Article 260 of the Constitution;"public officer" means any person other than a state officer who holds a public office;"publicise", in relation to a document, means to make known to the public, through the national, local media and other lawful means;"publish" in relation to a document, includes—(a)publishing, preparing and issuing a document in a newspaper, Government Gazette or other publication of general 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;"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, to facilitate the public officer's horizontal mobility;Provided that the posting, deployment or secondment of a public officer from one duty station to another in the same grade in the public service shall not be regarded as a re-designation;"representative" means any person who represents a public officer on any matter related to the employment of the public officer and excludes an advocate or union representative;"reprimand" means a form of disciplinary action imposed after formal charges that declares an officer's conduct improper;"resignation" means the action of a public officer's exit from the public service in accordance with section 78;"retirement" means the exit of an officer from the public service with full separation benefits, including pension benefits as may be provided for in the applicable law, contract of service or a special retirement scheme agreed and upon between the public officer and the relevant lawful authority;"secondment" means an arrangement in which a pensionable employee is temporarily released from an organisation within the public service to another organisation which does not have reciprocal pension arrangements, to provide critical skills or acquire new skills while preserving the pension rights of the employee;"Secretary" means the Secretary to the Commission appointed in accordance with Article 233(6) of the Constitution and the procedure set out in section 15;"State office" has the meaning assigned to it in Article 260 of the Constitution;"Teachers Service Commission" means the Teachers Service Commission established under Article 237(1) of the Constitution;"transfer" means the deployment of an officer from one ministry to another or from one duty station to another;"transfer of service" means the movement of appointment of a pensionable employee from one public service organization to another, which has reciprocal pension arrangements and has been declared a "Public Service" for purposes of preserving the employee's previous pensionable services; and"vice-chairperson" means the vice-chairperson of the Commission appointed under Article 233(2) of the Constitution.3. Scope and application
Subject to Articles 155(3)(a), 158(3), 234(2)(a), 234(3) and 252(1) of the Constitution and section 28 of the Kenya Defence Forces Act (Cap. 199), this Act shall apply to all public bodies and persons holding office in the public service.4. Guiding principles
The Commission shall in fulfilling its mandate, be guided by the national values and principles of governance in Article 10 of the Constitution and the values and principles of public service in Article 232 of the Constitution.Part II – COMPOSITION AND ADMINISTRATION
5. Powers of the Commission generally
The Commission has power to—6. Access to Commission services
The Commission shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so, having regard to the nature of its services.7. Composition and appointment of members to the Commission
8. Qualifications for appointment as chairperson and member of Commission
9. Oath or affirmation of office
The members of the Commission shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Second Schedule.10. Vacancy
11. Filling of Vacancy
12. Committees of the Commission
13. Organisation of the Commission
14. Conduct of business and affairs of the Commission
15. Secretary to the Commission
16. Secretariat
17. Seal of the Commission
18. Legal proceedings against the Commission
The Government Proceedings Act (Cap. 40) shall apply with respect to any proceedings against the Commission.19. Protection from personal liability
20. Code of conduct of members and employees of the Commission
Members and employees of the Commission shall subscribe to such code of conduct as the Commission may prescribe, by regulations.Part III – FINANCIAL PROVISIONS
21. Funds of the Commission
The funds of the Commission shall consist of—22. Annual estimates
23. Financial year of the Commission
The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.24. Accounts and audit
Part IV – ESTABLISHMENT AND ABOLITION OF OFFICES IN THE PUBLIC SERVICE
25. Application of this Part
This Part shall apply in the exercise of the Commission's constitutional function to establish and abolish offices in the public service under Article 234(2) (a) of the Constitution.26. Meaning of establishment of offices
For the purpose of this Part, "establishment of offices in the public service" means the determination and creation of the number and kinds of offices in the public service.27. Conditions for establishment of offices
28. Conditions for abolition of office
29. Commission may act on its motion
30. Recommendation to the President
Part V – DELEGATION
31. Delegation of powers
Part VI – APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, AND TRANSFERS
32. Appointment of an authorized officer
The Commission shall in writing, designate authorized officers to be responsible for the proper management of its delegated functions in ministries or state departments.33. Commission’s authority to appoint
34. Acting appointments
35. Effective date of appointment, promotion and re-designation
The effective date of appointment, acting appointment, promotion or re-designation shall be the date of the decision to appoint, promote or re-designate or such date as the Commission or authorised officer may determine.36. Criteria for appointment and promotion
37. Advertisement of vacancies
38. Decision to be in writing
Any appointment, acting appointment, promotion, re-designation, transfer, deployment, delegation or assignment of a duty in the public service shall be in writing.39. Record of applicants
The Commission or any other lawful appointing authority shall maintain a record of all applications received in response to an advertisement inviting applications.40. Re-designation
41. Confirmation of appointment
42. Secondment
43. Transfer
44. Casual service
The Commission shall prescribe the terms and conditions for employment of casual employees within the public service.45. Service on contractual terms
46. Nomination or recommendation for appointment
47. Recommendation for appointment of Principal Secretaries
48. Affirmative action
The Commission shall make regulations to give effect to the requirements of the Constitution regarding inclusiveness in terms of gender, Kenya's diverse communities, persons with disabilities and the youth.49. Staff of partnerships and joint ventures
The terms of contract with respect to staff in a joint venture or partnerships shall apply for the period of joint venture or partnership.50. Protection of accrued rights and benefits
Subject to this Act, where a public officer is appointed, re-designated or seconded from one public body to another public body, the public officer's accrued benefits relating to the previous period in public service shall not be lost.51. Vacancies dependant on exams
Where vacancies are to be filled in accordance with the results of examinations approved by the Commission, the Commission shall make such arrangements and issue such directions as may be appropriate.Part VII – REVIEWING AND MAKING RECOMMENDATIONS TO THE NATIONAL GOVERNMENT ON CONDITIONS OF SERVICE, CODE OF CONDUCT AND QUALIFICATIONS
52. Application of this Part
This Part shall apply to the discharge of the functions and powers of the Commission under Article 234(2)(g) of the Constitution.53. Conditions of service
54. Code of conduct
55. Review of qualifications
Part VIII – DEVELOPMENT OF HUMAN RESOURCE IN THE PUBLIC SERVICE
56. Human resource development
Part IX – INVESTIGATION, MONITORING AND EVALUATION OF THE ORGANIZATION, ADMINISTRATION AND PERSONNEL PRACTICES OF THE PUBLIC SERVICE
57. Monitoring and evaluation of the administration of the public service
58. Organization of the public service
59. Personnel practices in public service
For the purposes of this section, "personnel practices" means the standards, norms and practices applicable to entry, conduct, retention and removal of a public officer with respect to—60. Investigation
The Commission may, upon a complaint or on its own motion, investigate the organization, administration and personnel practices of the public service.61. Reporting and use of findings
Upon investigation, monitoring and evaluation under this Part, the Commission shall communicate its findings to the respective authorised officer, public body or office, and where necessary, take appropriate action.Part X – EFFICIENCY AND EFFECTIVENESS OF THE PUBLIC SERVICE
62. Promotion of efficiency and effectiveness of the public service
Part XI – PROMOTION OF AND REPORTING ON VALUES AND PRINCIPLES OF GOVERNANCE AND VALUES AND PRINCIPLES OF PUBLIC SERVICE
63. Promotion of values and principles of governance
The Commission shall, in accordance with Article 234 (2) of the Constitution, promote within the public service the national values and principles of governance and values and principles of public service in Articles 10 and 232 (1) of the Constitution by—64. Report on national values and principles
Part XII – EXERCISE OF DISCIPLINARY CONTROL IN THE PUBLIC SERVICE
65. Delegation of disciplinary powers to authorized officers
66. Authorized officer may impose penalties
67. Absence from duty without leave
Where a public officer is absent from duty without leave, reasonable or lawful cause for a period exceeding twenty-four hours and the public officer cannot be traced within a period of ten days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from the public officer within ten days after the dispatch of the charge to such public officer, the authority empowered to dismiss the public officer may summarily dismiss the public officer:Provided that if the public officer replies to the charge, the disciplinary process as prescribed under this Part shall apply to the case and if the public officer cannot be traced within a period of ten days from the commencement of such absence, the authorised officer shall stop the payment of salary and other remunerative allowances and report the case of the missing public officer to the officer's next of kin and the Commission for appropriate action, including relevant investigation.68. Types of penalties
69. General principles of disciplinary process
70. Interdiction
71. Suspension
72. Duty to update interdicted or suspended officer
73. Officer convicted of criminal offence
74. Appeals
75. Reviews
Part XIII – PETITION FOR THE REMOVAL OF THE DIRECTOR OF PUBLIC PROSECUTIONS
76. Petition for removal of the Director of Public Prosecutions
A petition for the removal of the Director of Public Prosecutions under Article 158 of the Constitution shall be made in accordance with regulations made by the Commission.Part XIV – RESIGNATION, RETIREMENT AND RELATED MATTERS
77. Application of this Part
Except as otherwise provided for in a contract of service, this Part shall apply to resignation, retirement, pension or other benefits due to a public officer.78. Resignation
79. Grounds for retirement and entitlement to pensions benefits
80. Retirement on the basis of age
81. Retirement on attainment of fifty years
Where a public officer has attained the age of fifty years and has been in the service for an aggregate period of at least five years, the public officer may opt to retire by giving the authorized officer at least three months' notice.82. Retirement on grounds of ill health
83. Retirement based on special contractual terms or a special retirement scheme
The Commission may retire any public officer where the—84. Retirement decisions reviewable
Part XV – HEARING AND DETERMINATION OF APPEALS IN RESPECT OF COUNTY GOVERNMENT PUBLIC SERVICE
85. Appeal from County Government public service
The Commission shall, in order to discharge its mandate under Article 234(2)(i) of the Constitution, hear and determine appeals in respect of any decision relating to engagement of any person in a County Government, including a decision in respect of—86. Procedure for appeal
87. The Commission may co-opt experts
88. Procedure for review of a decision in respect of a county public service board
89. Enforcement of appeal decision
Part XVI – COMMISSION'S REPORTS TO THE PRESIDENT AND PARLIAMENT
90. Annual Report
91. Report to be published
The Commission shall publish and publicize the report submitted to the President and Parliament.Part XVII – PROVISIONS ON DELEGATED POWERS
92. Regulations
Part XVIII – MISCELLANEOUS PROVISIONS
93. Communication of Commission's decisions
A decision of the Commission affecting a public officer shall be communicated to the public officer through the relevant authorized officer.94. Service of notices, etc
95. Advance copies to the Commission
Nothing in this Act shall prevent a public officer from sending, directly to the Commission, an advance copy of a document which under this Act is required to be forwarded to the Commission through the relevant authorized officer.96. Special obligations of the authorized officer
An authorized officer shall submit, to the Commission, in the month of October, January, April and July, of every year, with respect to the preceding quarter of the financial year, a quarterly return on the exercise of the delegated functions and powers and performance of any duty under this Act, including—97. Scheduled exercise of powers and functions of the Commission
The Commission may issue to the authorized officers, in the month of July in every year and at any other time it may consider necessary, a programme setting out an annual schedule on the exercise of any power and performance of any function or duty under this Act.98. Commission may assign alternative Job Groups
The Commission may, by notice in the Gazette, assign the Job Groups referred to in this Act to public offices in public bodies which do not use such Job Groups, for the proper application of this Act to those offices.99. Management of information
100. Offences
101. Disclosure of interest
102. [Spent]
103. Transition
104. Transfer of assets, etc.
History of this document
11 December 2023 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
23 June 2017
Commenced
26 April 2017
Commenced
21 April 2017
07 April 2017
Assented to
Cited documents 7
Act 7
1. | Employment Act | 5286 citations |
2. | Fair Administrative Action Act | 2000 citations |
3. | Government Proceedings Act | 732 citations |
4. | Statutory Instruments Act | 241 citations |
5. | Kenya Defence Forces Act | 138 citations |
6. | Public Audit Act | 114 citations |
7. | Penal Code | 28 citations |
Documents citing this one 353
Judgment 335
Gazette 11
Bench Bulletin 5
1. | Bench Bulletin - Issue 37 | |
2. | Bench Bulletin - Issue 45 | |
3. | Bench Bulletin - Issue 46 | |
4. | Bench Bulletin - Issue 48 | |
5. | Bench Bulletin - Issue 54 |
Bill 2
1. | The Statute Law (Miscellaneous Amendments) Bill, 2022 | |
2. | The Statute Law (Miscellaneous Amendments) Bill, 2022 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Public Service Commission (County Appeals Procedures) Regulations | Legal Notice 92 of 2022 | 31 December 2022 |
The Public Service Commission (Performance Management) Regulations | Legal Notice 114 of 2021 | 31 December 2022 |
The Public Service Regulations | Legal Notice 3 of 2020 | 31 December 2022 |
The Public Service Commission (Removal of the Director of Public Prosecutions) Regulations | Legal Notice 168 of 2017 | 31 December 2022 |
Public Service Commission Regulations, 2019
Repealed
|
Legal Notice 65 of 2019 | 31 May 2019 |
Public Service Commission (County Government Public Services Appeals
Procedures) Regulations, 2016
Repealed
|
Legal Notice 70 of 2016 | 6 May 2016 |
Public Service Commission Regulations, 2005
Repealed
|
Legal Notice 28 of 2005 | 16 May 2014 |