Public Service (Values and Principles) Act

This Act may be cited as the Public Service (Values and Principles) Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 185A
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Public Service (Values and Principles) Act. Section 2. Interpretation — text includes the phrase "County Public Service Board". Establishes a general code on the values and principles of public service. Application of the Act Section all State organs in the national and county governments Public bodies and authorised officers must ensure appointments and promotions of public officers are based on fair competition and merit, and must develop information systems to promote that fairness and merit.

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Provisions of Public Service (Values and Principles) Act

Showing 17 of 17

Part I

PRELIMINARY

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PRELIMINARY - 1. Short title
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This Act may be cited as the Public Service (Values and Principles) Act.

Section 1. Short title Section This Act may be cited as the Public Service (Values and Principles) Act.
2
PRELIMINARY - 2. Interpretation
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Section 2. Interpretation — text includes the phrase "County Public Service Board".

Section 2. Interpretation Section a County Public Service Board; and
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PRELIMINARY - 3. Objects of the Act
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Establishes a general code on the values and principles of public service.

Section 3. Objects of the Act Section a general code on the values and principles of public service;
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PRELIMINARY - 4. Application of the Act
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Application of the Act Section all State organs in the national and county governments

Section 4. Application of the Act Section all State organs in the national and county governments; and

Part II

VALUES AND PRINCIPLES OF PUBLIC SERVICE

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VALUES AND PRINCIPLES OF PUBLIC SERVICE - 10. Fair competition and merit as the basis of appointments and promotions
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Public bodies and authorised officers must ensure appointments and promotions of public officers are based on fair competition and merit, and must develop information systems to promote that fairness and merit.

Section 10. Fair competition and merit as the basis of appointments and promotions Section 10(1) The public service, a public institution or an authorised officer shall ensure that public officers are appointed and promoted on the basis of fair competition and merit. Section 10(2)(a) a community in Kenya is not adequately represented in appointments to or promotions in the public service or in a public institution; Section 10(2)(b) the balance of gender in the public service or in a public institution is biased towards one gender; Section 10(2)(c) an ethnic group is disproportionately represented in the public service or in a public institution; or Section 10(2)(d) persons with disabilities are not adequately represented in the public service or in a public institution. Section 10(3) Each public institution or each authorised officer shall develop a system for the provision of relevant information that promotes fairness and merit in appointments and promotions.
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VALUES AND PRINCIPLES OF PUBLIC SERVICE - 5. High standards of professional ethics
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Public officers must maintain high standards of professional ethics; the provision lists qualities that constitute those standards and permits specified authorities to require professional associations to report misconduct by public service professionals.

Section 5. High standards of professional ethics Section 5(1) Every public officer shall maintain high standards of professional ethics. Section 5(2)(a) is honest; Section 5(2)(b) displays high standards of integrity in that officer's dealings; Section 5(2)(c) is transparent when executing that officer's functions; Section 5(2)(d) can account for that officer's actions; Section 5(2)(e) is respectful towards others; Section 5(2)(f) is objective; Section 5(2)(g) is patriotic; and Section 5(2)(h) observes the rule of law. Section 5(3)(a) comply with the provisions of the relevant professional association regarding registration and continuing professional development; Section 5(3)(b) be bound by the code of ethics of the relevant professional association; and Section 5(3)(c) undergo such disciplinary action of the relevant professional association for any act of professional misconduct in addition to undergoing any disciplinary action of the public service for such act of professional misconduct. Section 5(4) Where necessary, the public service, a public institution or an authorised officer may require a professional association to inform the public service, public institution or authorised officer whether or not a professional in the public service has committed an act of professional misconduct.
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VALUES AND PRINCIPLES OF PUBLIC SERVICE - 6. Efficient, effective and economic use of resources
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Public officers must use public resources efficiently, effectively and economically.

Section 6. Efficient, effective and economic use of resources Section 6(1) A public officer shall use public resources in an efficient, effective and economic manner. Section 6(2)(a) the public officer has used the public resources in a manner that is not prudent; Section 6(2)(b) there is unreasonable loss; Section 6(2)(c) there is deliberate destruction; or Section 6(2)(d) the effect is to reduce the effectiveness of the public service.
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VALUES AND PRINCIPLES OF PUBLIC SERVICE - 7. Responsive, prompt, effective, impartial and equitable provision of services
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Public services should be provided responsively, promptly, effectively, impartially and equitably.

Section 7. Responsive, prompt, effective, impartial and equitable provision of services Section 7(1)(a) promptly; Section 7(1)(b) effectively; Section 7(1)(c) impartially; and Section 7(1)(d) equitably. Section 7(2) The provision of public services is not prompt where there is unreasonable delay. Section 7(3) For the purposes of this section, "unreasonable delay" includes failure by a public officer to provide a public service within the period that may be provided for in the service charter of the public institution in which he or she is serving. Section 7(4)(a) there is unreasonable loss; Section 7(4)(b) public complaints against a public officer are made regarding the provision of public services; or Section 7(4)(c) public grievances against a public institution are made regarding the quality of its services, Section 7(5)(a) a public officer discriminates against a person or a community during the provision of public services; or Section 7(5)(b) a public officer refuses or fails to give accurate information during the provision of public services. Section 7(6)(a) develop standards for the responsive, prompt, effective, impartial and equitable provision of services; Section 7(6)(b) facilitate the introduction of modern and innovative procedures, technologies and systems for the delivery of its services; Section 7(6)(c) simplify its procedures and ease formalities related to access and delivery of its services; Section 7(6)(d) ensure the adaptability of public services to the needs of the public; Section 7(6)(e) ensure that its services are delivered closer to the users of the services; and Section 7(6)(f) develop mechanisms for monitoring and evaluating the effectiveness of public service delivery.
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VALUES AND PRINCIPLES OF PUBLIC SERVICE - 8. Transparency and provision to the public of timely, accurate information
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Public officers must not give inaccurate information or unduly delay required information. The public service, public institutions or authorised officers must develop guidelines to ensure timely, accurate information and transparency. "Undue delay" includes failing to provide information within guideline times.

Section 8. Transparency and provision to the public of timely, accurate information Section 8(1)(a) give information that the public officer knows or ought to know to be inaccurate; or Section 8(1)(b) unduly delay the provision of any information where required to provide that information. Section 8(2) The public service, a public institution or, where permitted, an authorised officer shall develop guidelines for the provision to the public of timely and accurate information, and the promotion of transparency and accountability. Section 8(3) For the purposes of this section, "undue delay" includes a failure by a public officer to provide information within the time required in accordance with the guidelines of the public institution in which he or she serves.
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VALUES AND PRINCIPLES OF PUBLIC SERVICE - 9. Accountability for administrative acts
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Every public officer must be accountable for his or her administrative acts.

Section 9. Accountability for administrative acts Section 9(1) Every public officer shall be accountable for his or her administrative acts. Section 9(2)(a) keeping an accurate record of administrative acts of public servants in each public institution; Section 9(2)(b) requiring every public officer to maintain an accurate record of their administrative acts; Section 9(2)(c) maintaining a record of relevant documents prepared by a public officer; and Section 9(2)(d) establishing a mechanism to address complaints arising out of the administrative acts of a public officer.

Part III

PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING

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PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING - 11. Public participation in promotion of values and principles of public service
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The public service must facilitate public participation and involvement in promoting the values and principles of public service.

Section 11. Public participation in promotion of values and principles of public service Section 11(1) The public service shall facilitate public participation and involvement in the promotion of values and principles of public service. Section 11(2)(a) citizens' fora; Section 11(2)(b) the village councils established under section 53 of the County Governments Act (Cap. 265); or Section 11(2)(c) elected leaders Section 11(3)(a) faith-based organisations or groups; Section 11(3)(b) boards of management of learning institutions, however organised; Section 11(3)(c) welfare associations; Section 11(3)(d) residents' associations; Section 11(3)(e) market-users' committees; Section 11(3)(f) self-help groups; and Section 11(3)(g) such other registered or unregistered groups organised at the sub-county level. Section 11(4) Despite the provisions of this section, the rights and duties of residents specified in the Second Schedule to the Urban Areas and Cities Act (Cap. 275) shall be applicable for the purposes of this Act with the necessary modifications.
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PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING - 12. Public participation in policy-making
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The public service must develop guidelines for involving the public in policy-making.

Section 12. Public participation in policy-making Section 12(1) The public service shall develop guidelines for the involvement of the people in policy-making. Section 12(2)(a) adequate opportunity to review a draft policy; Section 12(2)(b) adequate opportunity to make comments on a draft policy; Section 12(2)(c) an opportunity to be heard by the makers of a policy; and Section 12(2)(d) notification of the final draft of the policy and whether or not it incorporates their views.
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PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING - 13. Complaints
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Service commissions must receive and record complaints, investigate and determine them expeditiously and within three months, give written reasons to relevant parties, officers handling complaints must give written reasons after three months if not determined, disciplinary action applies for unreasonable delay, and an aggrieved person may seek judicial redress.

Section 13. Complaints Section 13(1)(a) the supervisor of that public officer; Section 13(1)(b) the head of the department or institution in which that public officer serves; Section 13(1)(c) the department in charge of public complaints of the relevant service Commission; Section 13(1)(d) the department in charge of public complaints of the relevant commission; or Section 13(1)(e) the person in charge of the values and principles committee of the public institution, where established. Section 13(2)(a) in person; Section 13(2)(b) through a relative or personal representative; Section 13(2)(c) through a legal representative; Section 13(2)(d) through a citizens' forum; Section 13(2)(e) through a village council; Section 13(2)(f) through the relevant member of a county assembly; or Section 13(2)(g) through the relevant member of Parliament. Section 13(3)(a) receive and record in a register the details of the complaint; Section 13(3)(b) investigate and determine the complaint expeditiously but in any case in not more than three months from the date of receipt of the complaint; and Section 13(3)(c) set down the reasons for its determination in writing and provide it to the complainant, the public officer concerned and to that public officer's supervisor, head of department or head of the institution. Section 13(4) If after three months a service commission has not investigated and determined a complaint, the officer responsible for handling the complaint shall give the complainant satisfactory reasons, in writing, for non-compliance. Section 13(5) Appropriate disciplinary action shall be taken against any officer who is found to have unreasonably delayed in handling a complaint made to the service commission. Section 13(6) A person aggrieved by the decision of a service Commission may seek judicial redress.
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PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING - 14. Maintenance of register
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Each service Commission must keep and maintain a register of complaints against public officers and must, on request by a complainant, allow inspection; the Commission may omit the complainant's identity on request.

Section 14. Maintenance of register Section 14(1) Each service Commission shall keep and maintain a register of complaints made against public officers and shall, upon request by a complainant, allow the complainant to inspect the register to verify details relating to his or her complaint. Section 14(2) A register of complaints shall contain the details of the complaint including the name and designation of the officer complained against and the action taken by the responsible commission. Section 14(3) The service Commission may, on the request of a complainant, omit the identity of the complainant from the register of complaints.
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PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING - 15. Compliments, commendations, honours, rewards, etc.
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A person may inform a public officer's supervisor or the head of the institution if they consider the public officer's service exemplary, outstanding, or innovative.

Section 15. Compliments, commendations, honours, rewards, etc. Section 15(1) Where a person considers the quality of public service offered by a public officer to be exemplary, outstanding, or innovative, that person may inform the public officer's supervisor or head of the institution. Section 15(2)(a) the receiving and recording of information; and Section 15(2)(b) recognising, commending and rewarding public officers who offer exemplary, outstanding or innovative services or who perform their duties exceptionally well.
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PUBLIC PARTICIPATION, COMPLAINTS, REGISTER AND REPORTING - 16. Reports
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Each service Commission must prepare an annual report on promotion of public service values and submit it to national and county authorities by 31st December; the report must cover specified topics.

Section 16. Reports Section 16(1) Once in every year, each service Commission shall prepare a report on the status of the promotion of the values and principles of public service. Section 16(2) Each service Commission shall submit the report prepared under subsection (1) to the President and Parliament, and the Governor and county assembly, where relevant, by 31st of December of each year. Section 16(3)(a) the measures taken to promote the values and principles of public service; Section 16(3)(b) the progress achieved in the promotion of values and principles of public service; Section 16(3)(c) the challenges faced in the promotion of values and principles of public service; Section 16(3)(d) any recommendations for the progressive realisation of values and principles of public service; and Section 16(3)(e) any other matter that may be relevant to the realisation of the values and principles of public service.

Part IV

GENERAL PROVISIONS

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GENERAL PROVISIONS - 17. Regulations
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Each service Commission may make regulations to carry this Act into effect, covering topics listed in subsection (2).

Section 17. Regulations Section 17(1) Each service Commission may make regulations for the better carrying into effect of this Act. Section 17(2)(a) high standards of professional ethics; Section 17(2)(b) determination of any disciplinary matter in relation to a violation of a value or principle under this Act; Section 17(2)(c) the responsive, prompt, effective, impartial or equitable of public services; Section 17(2)(d) the efficient, effective and economic use of public resources; Section 17(2)(e) transparency; Section 17(2)(f) the provision to the public of timely and accurate information; Section 17(2)(g) public participation; Section 17(2)(h) accountability of public officers; Section 17(2)(i) the application of fair competition or merit in appointments or promotions; Section 17(2)(j) service delivery; Section 17(2)(k) performance management; Section 17(2)(l) access to information by the public; and Section 17(2)(m) the provision of adequate and equal training opportunities for training.

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